Page 1

Bulletin October 2016

Tarrant County Bar Foundation

Advocates for

Justice

Luncheon

Keynote Speaker: 27th Chief Justice Nathan L. Hecht Supreme Court of Texas

Thursday, October 13, 2016

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11:30am - 1:00pm

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City Club


President’s

Page We are Oriented and Moving from the Starting Mark for the TCBA Year

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ne of the first activities of the new TCBA year that started July 1 was a series of orientation meetings for bar leaders to become better acby Robert G. West quainted with each other, to discuss basic operating procedures, and to lay out general goals and plans for the 2016–2017 bar year. The TCBA Board of Directors met at the bar office on Monday, July 11, the afternoon before those officers and directors were installed by Judge Louis Sturns at a Membership Luncheon at the City Club and following a presentation by State Bar of Texas President Frank Stevenson reporting on the status and activities of the State Bar. TCBA is always pleased to be the first stop on a new SBOT President’s tour of Texas, and I was particularly pleased to welcome Frank Stevenson to our city, county, and bar association again because he was raised in Fort Worth and knows our community and bar association well from his home and law office 30 miles to the east. At the orientation meeting for TCBA officers and directors, I was impressed and pleased at the diverse range of legal practice areas, work environments, community activities, and life experiences represented by the 14 officers and directors for 2016–2017. You probably know at least one or two of the officers and directors, and you should try to meet and visit with more of them whenever you have an opportunity. Share with them the rewards and challenges of balancing your particular law practice with your life, and share with them your ideas about how the TCBA can be improved to meet your needs better. The Chair and Chair-Elect of each TCBA Committee had a similar orientation meeting on August 18, and the leaders of the TCBA Sections met on August 24. Those sessions allowed these bar leaders to meet each other and to discuss the procedures for holding meetings, planning and hosting activities, and dealing with TCBA staff, budgets, and calendars. I encouraged each of the participating committee and section leaders to consider how they can best deliver service and support to TCBA members on the local level. For example, the State Bar of Texas has nation-

ally acclaimed CLE programs in each practice area, including both introductory 101 courses and advanced specialty courses by state and nationally recognized speakers. TCBA cannot realistically match the excellence of those State Bar CLE offerings, but TCBA can provide CLE programming from local legal experts, consultants, and judges to educate our bar members on local practice pointers, issues, and trends better than the State Bar can. Our TCBA can also provide opportunities for practice management support and training to help our members in their choices about software, hardware, insurance, staffing, and other law practice details. Also, our local TCBA committees and sections provide a convenient and cost-effective means for members and participants to network with others in their chosen practice areas, activities, and interests. I believe that the local networking and friendships developed through TCBA programs are a primary source of the professionalism and civility that characterize Tarrant County litigation and office practices and that are greatly admired by attorneys from other jurisdictions. If you are not already serving on a TCBA committee or as an active leader or member of a section, I encourage you to do so. It will be personally rewarding and professionally beneficial, and you will likely make new friends that you can count on to help you when you need to ask for a favor or to brainstorm a legal point. I also encourage you to invite another experienced or newbie lawyers to accompany you to a TCBA CLE or social event or to an activity or interest group to help deepen your friendship with that person and to expand the membership base of TCBA. When you read this President’s Page in October, the national, state, and local political elections will be immediately ahead. Attorneys are trained to be critical thinkers and problem solvers and should vote whenever they have a chance. Whatever your political leaning may be, I encourage you to study the candidates and issues and to exercise your priceless right to vote. Also encourage others—friends and family members, lawyers and non-lawyers—to vote. Voting is more important than complaining! g

Bob West

October 2016 ▪ TCBA BULLETIN 1


Tarrant County Bar Association

Contents

Features 3 Advocates for Justice 8 The IP Domain 24 A Glimpse42inYears the Past Ago

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2016-2017 Officers President...............................Robert G. West President-Elect....................Nick Bettinger Vice President...........................Lance Evans Secretary-Treasurer...................John Cayce Directors

Term Ends 2017

TALMAGE BOSTON foreword by

KEN BURNS

Departments 1 President's Page 4 Docket Call Social 4 YLA Snapshot 5 100 Club 6 LegalLine 7 Calendar of Events 11 Judicial Profile 12 Snippets 14 Texas Lawyers for Texas Veterans 16 Tarrant County Volunteer Attorney Services 17 Other Association's News & Information 18 Membership Report 19 Benefits of Membership & Vendor List 20 Lawyer Referral & Information Service News 21 Lawyers on the Move & in the News 22 A Word From Our Sections

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21

Advertiser's Index Dispute Resolution Services......................................20 Falcon Document Solutions......................................23 Fort Worth JSB...............................................................19 JurisFabrilis...................................................................18 KoonsFuller.......................................Inside Front Cover Law Office of Jason Smith.........................................18 Law Offices of Steven C. Laird, P.C............................15 LawPay...................................................................23 LexisNexis...........................................Inside Back Cover Parker Law Firm.............................................................10 Pinnacle Bank................................................................20 Stephens Anderson & Cummings..........Back Cover Texas Lawyers' Insurance Exchange.......................17 Tindall Square Office Complex................................17

2 www.tarrantbar.org ▪ October 2016

817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org

Tawana Gray Gary L. Medlin Jason C. N. Smith Term Ends 2018

Cody L. Cofer Veronica C. Law Lu Pham

2016-2017 Appointed Directors Raul A. Canez Julie A. Sladek

Tarrant County Young Lawyers Association President 2016 Fall

Susan Smith 2017 Spring

Tennessee Walker

Immediate Past President David E. Keltner

Executive Director Patricia Graham, PLS, CLAS

Ex-Officio Members State Bar of Texas, Directors Gary L. Nickelson Curtis Pritchard ABA Delegate Janna Clarke

Bar Bulletin John F. Murphy Editor H. Dennis Kelly Assistant Editor April Holland Staff Editor/Graphics/Production The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: april@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission is the 20th day of the month, two months prior the date of the issue (e.g. March 20 for the May issue). Items for publication may be emailed to april@tarrantbar.org in Word format. Articles published in the Bar Bulletin do not necessarily re�lect the opinions of the Tarrant County Bar Association, its of�icers, or the Board of Directors. Advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.


Tarrant County Bar Foundation

Luncheon Thursday, October 13, 2016

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11:30am - 1:00pm

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City Club

Keynote Speaker: Nathan L. Hecht 27th Chief Justice, Supreme Court of Texas

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athan L. Hecht is the 27th Chief Justice of the Supreme Court of Texas. He has been elected to the Court six times, first in 1988 as a Justice, and most recently in 2014 as Chief Justice. He is the longest-serving Member of the Court in Texas history and the senior Texas appellate judge in active service. Throughout his service on the Court, Chief Justice Hecht has overseen revisions to the rules of administration, practice, and procedure in Texas courts, and was appointed by the Chief Justice of the United States to the federal Advi-

sory Committee on Civil Rules. Chief Justice Hecht is also active in the Court's efforts to assure that Texans living below the poverty level, as well as others with limited means, have access to basic civil legal services. Chief Justice Hecht was appointed to the district court in 1981 and was elected to the court of appeals in 1986. Before taking the bench, he was a partner in the Locke firm in Dallas. Chief Justice Hecht holds a B.A. with honors in philosophy from Yale University and a J.D. cum laude from the SMU School of Law, where he was a Hatton W. Sumners Scholar. He clerked for Judge Roger Robb on the U.S. Court of Appeals for the District of Columbia Circuit and was a Lieutenant in the U.S. Navy Reserve Judge Advocate General Corps. Chief Justice Hecht is a Life Member of the American Law Institute and a member of the Texas Philosophical Society. His term ends December 31, 2020. g

Individual tickets for the luncheon cost $150

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Tables will seat 10 persons.

All other donations in connection with the Advocates for Justice program will be listed in the luncheon program.

Sponsorships are still available, contact Trisha Graham at 817.338.4092. $10,000 Champion of Justice: includes a table at the luncheon, prominent placement in all brochures and sponsorship material, and a law student fellowship named for you or your organization. $7,500

Soldier of Justice: includes a table at the luncheon, recognition in all brochures and sponsorship material, and named sponsorship of a legal clinic held by Texas Lawyers for Texas Veterans - Tarrant County Chapter in 2017.

$5,000

Guardian of Justice: includes a table at the luncheon, placement in all brochure and sponsorship material, and named sponsorship of a general advice, family law, or wills and estate clinic held by Tarrant County Volunteer Attorney Services in 2017.

$2,500

Patron of Justice: includes a table at the luncheon and recognition in all brochures and sponsorship material.

$1,250

Supporter of Justice: includes a one-half table at the luncheon and recognition at the luncheon.

October 2016 â–Ş TCBA BULLETIN 3


It's Time for Our Fall

Docket Call Social Thursday, October 20 5:00pm Casa Mañana

Sponsored By:

YLA

Snapshot

Susan Smith, President TCYLA

T

he Litigation Closets are ready! In case you have not heard, TCYLA received a generous grant from the Texas Young Lawyers Association to prepare clothes closets for indigent litigants. These closets are being maintained at the Family Law Center and the Tim Curry Justice Center, and they are stocked with slacks, ties, button-up shirts, suits, and jackets. If you have a client or a witness who shows up to court in less-than-appropriate clothing, these closets are available for use. Simply sign out whatever items you need using your name and bar card number, then return the clothes after the court appearance. The clothes will be cleaned regularly. It is our hope that these closets will make litigants feel more comfortable in the courtroom while also increasing the respect due to our judges and court staff. The Litigation Closet in the Tim Curry Justice Center is located in the Lawyers’ Lounge; the Litigation Closet in the Family Law Center is located near Judge Steve Owen’s chambers. To access the family law Litigation Closet, you will sign out the articles from his bailiff, Matt Hayden.

4 www.tarrantbar.org ▪ October 2016

These closets were made possible by your suit donations back in May and by the grant from TCYLA. If you missed the donation time, but still have suits to donate, contact me at sfsmith@ gardnersmithlaw. com. Thank you all for your support to make this possible. We are very interested in your feedback regarding this new project and ways to make it better, so please feel free to contact me with comments or concerns. g


Members of the 2016-2017

100 Club

Adams Lynch & Loftin P.C. Albert Neely & Kuhlmann LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Baker Monroe PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, L.L.P. Bourland, Wall & Wenzel, PC Brackett & Ellis, P.C. Broude Smith & Jennings PC Brown, Dean, Wiseman, Proctor, Hart & Howell LLP Brown Pruitt Wambsganss Ferrill & Dean, P.C. Bruner & Pappas LLP City Attorney's Office-City of Fort Worth Cook Children’s Health Care System Curnutt & Hafer, L.L.P. Dawson Parrish, PC Dowell, Pham & Harrison, LLP Edison, McDowell & Hetherington, LLP Forshey & Prostok, L.L.P. Friedman, Suder & Cooke Gordon & Sykes, LLP Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Haynes and Boone, L.L.P. Holland Johns & Penny LLP Jackson Walker, L.L.P. Jim Ross & Associates Joshua Graham & Associates, PLLC Kelly Hart & Hallman LLP

Lacy Lyster Malone & Steppick, PLLC Law, Snakard & Gambill, P.C. Lively & Associates, LLP Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, PC McDonald Sanders Law Firm Mellina & Larson, P.C. Moses, Palmer & Howell, L.L.P. Murphy Mahon Keffler Farrier, LLP Naman Howell Smith & Lee, PLLC Noteboom Law Firm Padfield & Stout, LLP Paup, Shutt & Associates, P.C. Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P. Second Court of Appeals Shannon, Gracey, Ratliff & Miller, LLP Stephens, Anderson & Cummings Tarrant County CDA's Office Taylor, Olson, Adkins, Sralla & Elam, L.L.P. The Berenson Firm P.C. The Blum Firm, P.C. Thompson & Knight, LLP Underwood Law Firm Varghese Summersett, PLLC Wallach & Andrews, P.C. Watson Caraway Midkiff & Luningham L.L.P Whitaker Chalk Swindle & Schwartz PLLC Wick Phillips Winstead PC The Wolf Law Firm, P.C.

To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the 2016-2017 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any firm/or-

ganization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups! The new bar year began on July 1, if you have not paid your renewal invoice, contact our Membership Director Sandy Tilley at 817.338.4092 or email her at sandy@tarrantbar.org.


CLE Membership Luncheon Monday, November 7 g City Club g 11:45am Keynote Speaker: Talmage Boston

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almage Boston has practiced law as a commercial trial and appellate litigator in Dallas, Texas, since 1978. He has been board certified in Civil Trial Law since 1988, as well as board certified in Civil Appellate Law since 1990, by the Texas Board of Legal Specialization. Since 1997, he’s been a shareholder at Winstead PC. He has been recognized in Texas Monthly as a “Texas Super Lawyer” every year since 2003. He has also been recognized among the “Best Lawyers in America,” and “Top 100 Attorneys in Dallas/Fort Worth Region.” A leader of both the State Bar of Texas and the Dallas Bar Association, Talmage has served as a State Bar of Texas director, as well as chair of the State Bar Litigation Section, Council of Chairs, and Annual Meeting Planning Committee. He has also served as the Dallas Bar Association advisory director and chair of the Dallas Bar’s Business Litigation Section. For his service, he received Presidential Citations from State Bar of Texas presidents every year from 2005 to 2011,

and from the Dallas Bar Association president in 2009. In addition to maintaining his full-time law practice, Talmage has written several books including Raising the Bar: The Crucial Role of the Lawyer in Society (TexasBarBooks 2012). Talmage has also written two critically acclaimed baseball history books, 1939: Baseball’s Tipping Point (foreword by John Grisham, Bright Sky Press, 2005) and Baseball and the Baby Boomer (foreword by Frank DeFord, Bright Sky Press, 2009). In September of this year, the edited transcripts of Talmage’s onstage interviews with some of the country’s most prominent presidential historians and presidential insiders was released as a TALMAGE BOSTON book entitled Cross-Examining History: A Lawyer Gets Answers From the Experts About Our Presidents (forward by Ken Burns, Bright Sky Press, 2016). Barnes & Noble will be selling this book on site. Talmage and his wife Claire live in Dallas, Texas, and have a son and a daughter. g

LegalLine

817.335.1239

foreword by

KEN BURNS

Thank you to Our Volunteers

January 2016 to September 2016

33 164 1172

dedicated volunteers

hours total

calls answered

Lisa Ajo Elizabeth Anderson Danielle Bateni Kathleen Bausell Norma Bazán Courtney Burns Jesse Calderon Ola Campbell Toni Ciggs John Corbin Bridget Davidson

Sylvia Duarte Clayton Everett Chelsea Fields Walt Hatter An Lee Hsu William Huebner Bryce King Tram Le George Lockwood Cynthia Maragoudakis Michael Martinez

Kenny McEntire Franklin Moore Courtney Murphy Francis Nathan Kenneth Newell John Penn Scott Phillips Dick Price Kimberly Roberts Michele Soriano Sandra Thompson

Staff : Carolina Ibarra, Brittany Gilbert & Sandy Tilley

6 www.tarrantbar.org ▪ October 2016

Special Thank You to Ladies Auxiliary, Knights of Columbus, Council 7458 for their generous sponsorship of LegalLine.


Calendar ofEvents November 2016

October 2016 6 12 13 13 13 14 17 18 19 19 20 20 20 24 25 26 26 26 27

Corporate Counsel/Labor & Employment Law Sections Mixer 5:30pm - 7pm, Times Ten Cellars Environmental Law Section Luncheon 11:30am, TCBA Office Advocates for Justice Luncheon 11:30am-1:00pm, City Club Energy Law Section Luncheon 12pm, Petroleum Club LegalLine 6pm - 8pm, TCBA Office Brown Bag Seminar/Juvenile Law 11:30am, Lynn Ross Juvenile Detention Center Bankruptcy Law Section Luncheon 12pm, Fort Worth Club Tax & Estate Planning Section Luncheon 11:30am, Petroleum Club Appellate Section Luncheon 11:30am, Fort Worth Club Women Attorneys Section Fall Mixer 5:30pm, Terra Mediterranean Grill Fort Worth Business & Estate Section Luncheon 11:30am, City Club Construction Law Section Luncheon 12pm, TCBA Office Docket Call Social 5pm, Casa Mañana TVAS Committee Meeting 12pm, TCBA Office Last Tuesday CLE 1pm-4pm, TCBA Office TVAS Guardianship CLE 9am -1pm TCBA Office Alternative Dispute Resolution Section Luncheon 12pm, City Club Solo & Small Firms Section Mixer 5pm - 7pm, Parker Law Firm LegalLine 6pm - 8pm, TCBA Office

7 8 9 10 11 15 15 17 17 18 24 25 29 29

CLE Membership Luncheon 11:45am, City Club, Speaker: Talmage Boston Women Attorneys Bar Passers Happy Hour 5:30pm - 7pm, Times Ten Cellars Corporate Counsel Section Luncheon 12pm, City Club LegalLine 6pm - 8pm, TCBA Office Brown Bag Seminar/Real Estate 11:30am - 4:00pm, TCBA Office Tax & Estate Planning Section Luncheon 11:30am, Petroleum Club Real Estate Section Luncheon 12pm, City Club Fort Worth Business & Estate Section Luncheon 11:30am, City Club Construction Law Section Luncheon 12pm - TCBA Office National Adoption Day 8:30am, Tarrant County Family Law Center Thanksgiving Holiday Office Closed Thanksgiving Holiday Office Closed Last Tuesday CLE 1pm - 4pm, TCBA Office Solo & Small Firms Section Mixer 5pm - 7pm, Law Offices of Nancy A. Gordon, P.C.

You can also visit our website for a list of upcoming events. www.tarrantbar.org

TCBA Holiday Party Santa's Workshop Mark Your Calendar! Annual Holiday Party Thursday, December 8, 2016 5:00pm - 7:00pm TCBA Bar Center

Fun, Games, Photo Booth, Door Prizes, Drinks, Food and More. Thank you to our Sponsors Mike Schneider Bank of Texas Thomson Reuters La Hacienda Treatment Center Merrill Lynch

Bring your donation of stuffed animals or make a monetary contribution.

October 2016 ▪ TCBA BULLETIN 7


The IP Domain:

Trader Joe’s, Pirate Joe’s, and the Extraterritorial Reach of the Lanham Act

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he specialty grocery chain Trader Joe’s has legions of devoted customers throughout the United States, drawn to the store by Two Buck Chuck (wine) and other high quality/low price items. Michael Hallatt, an enterprising Canadian, sensed a market for Trader Joe’s products north of the border, and since Trader Joe’s does not do business in Canada, Hallatt came up with a novel “business model”: he made frequent trips to Trader Joe’s stores in the United States, bought large quantities of Trader Joe’s products, and re-sold them in Canada at significantly higher prices in his store called “Pirate Joe’s.” Needless to say, Trader Joe’s was not amused. It sued Hallatt in United States District Court in Washington under both the Lanham Act and Washington state law claims. But despite Hallatt’s rather flagrant conduct, the District Court dismissed Trader Joe’s Lanham Act claim, finding that all of Hallatt’s allegedly infringing conduct occurred in Canada and that Trader Joe’s had not shown how Hallatt’s activity affected American commerce. On appeal, the Court of Appeals for the Ninth Circuit reversed. Trader Joe’s Co. v. Michael Hallatt, No. 14-35035, 2016 WL 4488009 (9th Cir. Aug. 26, 2016). The Ninth Circuit panel determined that Trader Joe’s met its burden for extraterritorial application of the Lanham Act by meeting a three-prong test originally applied in Timberlane Lumber Co. v. Bank of America National Trust & Savings Ass’n, 549 F.2d 597 (9th Cir. 1976). That test required Trader Joe’s to show that Hallatt’s activities (1) created some effect on American foreign commerce; (2) the effect presented a cognizable injury to the plaintiffs under the Lanham Act; and (3) any link to American foreign commerce was strong enough to justify an assertion of extraterritorial authority. See Trader Joe’s, 2016 WL 4488009 at *16. In an uncommon approach to showing an effect on American foreign commerce, Trader Joe’s did not argue that the products Hallatt sold in Canada were flowing into American domestic markets. Instead, Trader Joe's argued that Hallatt’s foreign conduct had “some effect” on American commerce because his activities harmed its reputation and decreased the value of its American-held trademarks. Specifically, Trader Joe’s relied upon a quality control theory, arguing that transporting and selling Trader Joe’s goods without using proper quality control Tom Williams is a partner in the Fort Worth office of Haynes and Boone, LLP. He may be reached at thomas. williams@haynesboone.com or 817.347.6625.

8 www.tarrantbar.org ▪ October 2016

measures or established product recall practices have an effect on American foreign commerce and may result in devaluation of its marks by tarnishing its image. Id. at *17. According to Trader Joe’s, poor quality control practices could impact American commerce if consumers who purchase Trader Joe’s brand products that have been transported to Canada become ill and news of such illness travels across the border. Id. at *20. Not insignificantly, Trader Joe’s received at least one complaint from a consumer who became sick after eating a Trader Joe’sbranded product purchased from Pirate Joe’s. Accepting this theory, the court determined that reputational harm to an American plaintiff might constitute “some effect” on American commerce. Trader Joe’s also alleged that Pirate Joe’s could cause additional injury to its domestic reputation by higher prices, inferior customer service, and false endorsement. Id. at *21. Finally, Trader Joe’s argued that Hallatt engaged in commercial activity in the United States because he purchased his Trader Joe’s inventory entirely in the United States and hired locals in the United States to assist him with his purchases. The court held that these activities satisfied Trader Joe’s burden under the first two prongs. The third Timberlane prong is intended to avoid unreasonable interference with another nation’s sovereign authority. Id. at *23-24. This prong involves weighing seven different factors: 1) the degree of conflict with foreign law or policy, 2) the nationality or allegiance of the parties and the locations or principal places of business of corporations, 3) the extent to which enforcement by either state can be expected to achieve compliance, 4) the relative significance of effects on the United States as compared with those elsewhere, 5) the extent to which there is explicit purpose to harm or affect American commerce, 6) the foreseeability of such effect, and 7) the relative importance to the violations charged of conduct within the United States as compared with conduct abroad. After considering the seven factors, the court concluded that it was appropriate to apply the Lanham Act to Hallatt and Pirate Joe’s. With all three prongs of the Timberlane test met, the court remanded the case to the district court for an evaluation on the merits. Id. at *24. Dustin Johnson is a partner in the Fort Worth and Richardson offices of Haynes and Boone, LLP. He may be reached at dustin.johnson@haynesboone. com or 972.739.6969.


TARRANT COUNTY BAR ASSOCIATION PRESENTS

JUVENILE LAW

Brown Bag Seminar Series

OCTOBER 14, 2016

Join us for CLE credit at the Lynn Ross Juvenile Detention Center Training Room, 2701 Kimbo Road, Fort Worth, 76111 Moderator: Leslie Starr Barrows, The Barrows Firm, P.C. 11:30 am

Registration Lunch graciously sponsored by SignaPay

11:45 am

TJJD Update and Confidentiality of Juvenile Records Kaci Singer, Attorney at Texas Juvenile Justice Department

12:30 pm

Tarrant County Juvenile Services Update and Services Available for Juveniles Bennie Medlin, Director of Tarrant County Juvenile Services Tom Zaback, Drug Court Debbie Spoontz, Placement Unit Jim Davidson, Field Supervisor for Juvenile Offender Unit Bernice Mack, Family Partnership Program

1:15 pm

Preview of the Legislative Update and Significant Cases in Juvenile Law Riley Shaw, Tarrant County Assistant Criminal District Attorney

1:45 pm

HIPAA and FERPA in Juvenile Law Eric Ransleben, Attorney

2:30 pm

Break refreshments sponsored by La Hacienda Treatment Facility

2:45 pm

Social Media X’s and O’s: Defensive Strategies Cody Cofer, Attorney

3:30 pm

The Gatekeepers of Sealing Juvenile Records Hope Harris, Manager of Records Management/Custodian of Records at Tarrant County Juvenile Services Vickie Bowers, Operational Support Supervisor at Tarrant County Juvenile Services

4:00 pm

Best Practices in Juvenile Court Judges Kimberly Brown and James Teel

4.5 hours of CLE credit requested (This program will be videoed for showing throughout the year.) ----------------------------------------------------------------------------------------------------------Brown Bag Registration: October 14, 2016

_____ $70 TCBA Member

_____ $95 non-TCBA Member

_____ Brown Bag Season Pass Holder

_____ $35 TCBA Member Staff

Add $5 if registering after October 11

Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please contact Sherry Jones at 817-338-4092 (Fax: 817-335-9238) or email her at sherry@tarrantbar.org. Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check

_______ Check Number

______ MC

______ Visa

_____ Am Ex

Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________

October 2016 ▪ TCBA BULLETIN 9


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JudicialProfile

by Perry J. Cockerell

Judge Elizabeth Beach

“T

his is a lively job,” said Criminal District Judge Elizabeth Beach, working through the standing line of attorneys waiting outside her office after adjourning a jury trial prior to noon. Like her judicial colleagues’ offices, her office is a center of activity with hardly time for lunch. Judge Beach was born in Waco, Texas, as the middle child of Lent and Geneva Hardeman. Her mother was a biology teacher, and her father was a civil engineer who designed the twin bridges across Lake Waco. Her older sister became a dentist. “There was an emphasis for me to go into the healthcare field growing up,” she said. She found her passion in the law. Her younger brother found his passion in real estate. After graduating from Richfield High School in 1975, she headed to Austin for the next six years, where she obtained her undergraduate and law school degrees from the University of Texas at Austin. She chose English as her major because of her love for English literature. She especially enjoyed the writings of the English novelist Jane Austen. “However, truth is stranger than fiction,” she said. She graduated in 1978 with a Bachelor of Arts degree, and three years later, in 1981, with her law degree from the University of Texas. During law school, while visiting relatives in Boulder, Colorado, she learned of a job opening for a summer clerkship at a federal agency, the Office of the Comptroller of the Currency. “I love Colorado,” she said. She applied and was accepted for the position in Denver. After law school graduation, she worked at a civil firm in Denver for two years. In 1983, she decided to return to Texas to take a position as Assistant City Attorney in Dallas. Two years later, in 1985, she joined the Dallas County District Attorney’s office as an Assistant District Attorney under District Attorney Henry Wade. She was good friends with two other female

prosecutors hired by Wade at the same time. “Henry Wade knew how to pick lawyers. I found my passion. I love trying criminal cases.” She rose to Felony Chief Prosecutor and tried over 100 jury trials during her five-year tenure at the Dallas County District Attorney’s office. “Being competitive, criminal law was my ideal.” She met her husband, Andy Beach, who was an SMU law graduate and a felony division chief prosecutor. They tried more than twenty cases together before they married in 1989 at Kessler Park Methodist Church in Dallas. In 1988, Judge Beach gained notoriety by handling the first prosecution in Texas involving the use of DNA evidence. The case involved a felony stranger-on-stranger sexual assault case that was based only on the testimony of the victim. “I tried the case twice and got hung juries both times. The victim had been badly injured during the sexual assault, and she was extremely traumatized. When I was preparing for the third trial, she came to my office with a page torn out of Time magazine. She said, ‘I won’t go to trial again unless you do this test.’ It was DNA testing, and it had been introduced in a case in England.“ The office approved the expenditure of $25,000 to obtain the testing and expert witnesses for trial. Judge Beach found a laboratory in New York that could perform the test, and the test came back as a match to the defendant. The third jury trial resulted in a conviction resulting in a maximum life sentence and a $10,000 fine. Her years of experience led her to being a guest on “Anderson Cooper Live,” “Nancy Grace,” and “20/20.” In 1990, she had her first child, Caroline, and decided to leave the Dallas D.A.’s office and become a full time mother. “When I had a child, I was overprotective and wouldn’t let her out of my sight.” In 1991, she had her second child, Thomas. In 1990, Andy took a position with a civil firm in Fort Worth, and the family moved there. She began practicing criminal defense part-time and taught Criminal Justice courses at Texas Christian University, where she continues to teach a night course. She also volunteered as a music teacher at Tanglewood Elementary, and she taught Bible classes and played piano at her church. “I am grateful for my years as a mother at home with my children.” Today, Caroline is a professional ballerina in Germany, obtaining her masters in choreography, and Thomas is a graduate of Southwestern University in Georgetown and is preparing for law school. In 2007, Judge Beach returned to the practice of criminal law full time when Tarrant County District Attorney Tim Curry hired her as an Assistant District Attorney. continued on page 18

October 2016 ▪ TCBA BULLETIN 11


Snippets

Civil and Criminal by Judge Bob McCoy

WHO’S THAT STREET NAMED AFTER?

Lackland Road—Rufus J. Lackland Sr. was a prominent lawyer and Assistant District Attorney in the 1920s. He owned the land where Lackland Road was constructed, and Donna Lee Lackland, wife of Rufus J., was Principal of Hi Mount Elementary School from 1935 to 1955. —From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.

ASK JUDGE BOB

Judge Bob, in the criminal context, what is the difference between double jeopardy and collateral estoppel? Double jeopardy and collateral estoppel are related, but distinct in terms of the relief they offer. Collateral estoppel means simply that when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit. By contrast, double jeopardy is most commonly associated with forms of relief that bar the prosecution of a suit entirely. Thus, double jeopardy most often bars any retrial of a criminal offense, while collateral estoppel bars any retrial of specific and discrete facts that have been fully and fairly adjudicated. For this reason, double jeopardy is sometimes called “claim preclusion,” while collateral estoppel is called “issue preclusion.” State v. Akin, 444 S.W.3d 257 (Tex. App—Corpus Christi 2016).

MOSES’ AND RAMSES’ MONTHLY PARAPROSDAKIAN (a figure of speech in which the

latter part of a sentence or phrase is surprising or unexpected; frequently humorous) Because light travels faster than sound, some people appear bright until you hear them speak. Moses

Ramses

THE DANES’ QUOTE OF THE MONTH

Charley likes to get up early, and he likes me to get up early too. And why shouldn’t he? Right after his breakfast he goes back to sleep. —John Steinbeck, Travels with Charley

12 www.tarrantbar.org ▪ October 2016

g

Co-Editor Lin Morrisett Associate Judge Probate Court No.2

County Criminal Court No. 3

CRIMINAL ITEMS OF INTEREST 1. Two-Step Interrogation

“A ‘two-step’ or ‘question first, warn later’ interrogation occurs when the police interrogate a suspect without giving him his Miranda warnings, obtain a confession from him, then give him the Miranda warnings, and get him to repeat the confession he made previously. The deliberate employment of such a tactic is impermissible in this state.” Vasquez v. State, 483 S.W.3d 350 (Tex. Crim. App. 2016).

2. Invited Argument Rule

“Under the invited argument rule, a defendant cannot complain of improper prosecutorial argument if he invited the argument. If the defendant’s counsel goes outside the record in his argument, the prosecutor is also permitted to go outside the record to respond as long as the response is within the scope of the invitation.” Smith v. State, 483 S.W.3d 648 (Tex. App.—Houston [14th Dist.] 2015).

3. Traipsing

“A person’s right to appeal a civil or criminal judgment should not depend upon traipsing through a maze of technicalities. . . .We do not require ‘magic words’ or separate instrument to constitute notice of appeal. All that is required is that the notice be in writing, be submitted within thirty days or ninety days after sentencing, as appropriate, and show the party’s desire to appeal from the judgment or other appealable order.” Harkcom v. State, 484 S.W.3d 432 (Tex. Crim. App. 2016).

4. Closing Argument

“Counsel is entitled to correctly argue the law, even if the law is not included in the jury charge.” Vasquez v. State, 484 S.W.3d 526 (Tex. App.—Houston [1st Dist.] 2016).

5. Evidence Not Admitted During Trial

“Rule 21.3(f) implicates a two-pronged test. Under the first prong, the record must illustrate that the ‘other evidence’ was received by the jury. Under the second, the ‘other evidence’ must be of a character detrimental or adverse to the defendant.” Hayes v. State, 484 S.W.3d 554 (Tex. App.— Amarillo 2016).

6. Self-Representation

“Although a defendant in a criminal trial has the right to represent herself, the right to represent oneself is not absolute. When determining the ability of a defendant to represent her-


self pro se, the trial court should take a realistic account of the particular defendant’s capacity to represent herself.” Davis v. State, 484 S.W.3d 579 (Tex. App.—Fort Worth 2016).

7. Texas Exclusionary Rule

“Given the limited nature of the Texas good faith statutory exception, we conclude that an officer’s good faith reliance on the law or good faith reliance on existing appellate precedent are not recognized as exception to the Texas exclusionary rule.” State v. Molden, 484 S.W.3d 602 (Tex. App.— Austin 2016).

CIVIL ITEMS OF INTEREST 1. Futility of Curing

“Futility of curing the defect can defeat strict enforcement of a notice and cure clause.” Duncan v. Woodlawn Mfg., Ltd., 479 S.W.3d 886, 898 (Tex. App.—El Paso 2016).

2. Identifiable Res

“To prove an identifiable res, the proponent of the constructive trust must show that the specific property that is subject to the constructive trust is the same property—or the proceeds from the sale thereof or revenues therefrom—that was somehow wrongfully taken. When the property sought to be recovered or its proceeds have been dissipated so that no product remains, the constructive-trust-seeking proponent’s only claim is that of a general creditor.” In re Hayword, 480 S.W.3d 48, 52 (Tex. App.— Fort Worth 2015).

3. No Service Before Appearance

“Service on an attorney before that attorney becomes the party’s attorney of record is not valid service under Rule 21a, and a request for admissions so served is neither properly served under Rule 198.1 nor deemed admitted under Rule 198.2.” Ordonez v. Solorio, 480 S.W.3d 56, 62 (Tex. App.—El Paso 2015).

4. Modification of Previously Final Order

“Nonetheless, in the Restatement Order, the trial court necessarily modified its prior final order so that it no longer dismissed Crotts’s claims for defamation and breach of contract. This action meant that there no longer was a final judgment in the case and that there no longer was any timetable for the expiration of the trial court’s plenary power under Rule 329b.” Crotts v. Cole, 480 S.W.3d 99, 103 (Tex. App.—Houston [14th Dist.] 2015).

by the parent’s actions but also by the parent’s omission or failure to act. The conduct to be examined includes what the parents did both before and after the child was born. To be relevant, the conduct does not have to have been directed at the child, nor must actual harm result to the child from the conduct.” In re D.V., 480 S.W.3d 591, 601 (Tex. App.—El Paso 2016).

7. Will Construction

“Fundamentally, there are many rules of law surrounding the construction of a will but there is one over-all rule, which is to the effect that there is no set rule that will fit the construction of every will, and therefore each case must stand under its own facts.” Hyshaw v. Dawkins, 483 S.W.3d 1, 8 (Tex. 2016).

QUOTES OF THE MONTH

A wise man gets more use from his enemies than a fool from his friends. —Baltasar Gracian

LEGAL QUOTE OF THE MONTH

The law hath not been dead, though it hath slept. —William Shakespeare, Measure for Measure

OLD NEWS

In 1907, Belgian born scientist Leo Baekeland, the inventor of “Velox,” the first commercially successful photographic paper, was trying to invent a synthetic substitute for shellac. One of his attempts, a mixture of formaldehyde and phenol which he called “Novalak,” worked, but he was not satisfied with the results. So he added some additional ingredients, and manipulated the manufacturing process, coming up with a moldable, heat resistant substance that he dubbed “Bakelite.” His claim that it was the “material of 1,000 uses” later turned out to be low by several orders of magnitude. In its myriad forms and formulations everywhere around us now, we widely refer to it simply as “plastic.” http://www.csmonitor.com/Technology/2012/1005/The20-most-fascinating-accidental-inventions/Plastic, reviewed 6/29/2016. g

Stay CONNECTED to Us

5. Endangerment

“While endangerment means more than a threat of metaphysical injury or the possible ill effects of a less-than-ideal family environment, it is not necessary that the conduct be directed at the child or that the child actually suffer injury.” In re D.V., 480 S.W.3d 591, 601 (Tex. App.—El Paso 2016).

Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter

6. Parent’s Conduct

“Under subsection (E), the cause of the danger to the child must be the parent’s conduct alone, as evidenced not only

@TarrantBar

@TLTVinTarrant

@TVASFW

October 2016 ▪ TCBA BULLETIN 13


Texas Lawyers for Texas Veterans

Tarrant County Chapter News from TLTV

TLTV Holds August and September Legal Clinics at TCC South Campus

T

exas Lawyers for Texas Veterans–Tarrant County Chapter (TLTV) held its August and September legal clinics at Tarrant County College’s South Campus. In September, attorneys from Haynes and Boone, LLP and XTO Energy volunteered at the clinic and provided counsel to several veterans. TLTV thanks the many volunteers who work together to provide legal assistance to veterans in the community.g

Would you like to sponsor a clinic? For more information on how you can sponsor a clinic or other ways to support TLTV, please contact Megan Cooley at megan@tarrantbar.org.

Mark Your Calendar for Upcoming TLTV Clinics October 21, 2016 Tarrant County College South Campus 5301 Campus Drive Fort Worth, TX 76119

November 18, 2016 Veterans Affairs Outpatient Facility 2201 SE Loop 820 Fort Worth, TX 76119

Thanks for Taking a Case Thanks to the following volunteer attorneys for taking a veteran’s pro bono case:

Did you know TLTV has it's own Facebook and Twitter? Like Us...Follow Us...and keep up to date with all that is happening.

John Johnson (Johnson Johnson) is assisting several veterans with criminal matters. Walter Fortney (Law, Snakard & Gambill, P.C.) attended a clinic and assisted a veteran with a tax foreclosure matter.

Texas Lawyers for Texas Veterans -Tarrant County Chapter

Beth Thurman (Kelly Hart & Hallman LLP) accepted a second case to help a veteran with real estate matters.

14 www.tarrantbar.org ▪ October 2016

@TLTVinTarrant


Steve Laird & Wade Barrow

Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason

It takes years to establish a good reputaƟon Handling Meritorious Personal Injury and Wrongful Death Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015) - Thomson Reuters

Proud Sponsor of the Tarrant County Bar Association Bench Bar Conference XXIII

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1824 8TH AVENUE FORT WORTH, TEXAS 76110

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Tarrant County Volunteer Attorney Services TVAS Holds Free Legal Clinic at Union Gospel Mission of Tarrant County

O

n August 25, 2016, TVAS held its first free legal clinic for residents of Union Gospel Mission of Tarrant County. TVAS met with over thirty residents and provided free legal advice and information on areas including family law, criminal law, housing, employment, and consumer law. TVAS thanks the following attorneys and volunteers for participating: Attorneys: Stuart Adrian (Nilsson Legal Group, PLLC) John J. Cope (Cope Law Firm) Zoe Courtney (Law Offices of Zoe Courtney) John Corbin (Law Offices of John Corbin) Wes Dauphinot (Dauphinot Law Firm) John Johnson (Johnson Johnson) J. Spencer Nilsson (Nilsson Legal Group, PLLC) Richard Rodgers (Fidelity Investments) Brian Singleterry (Aldrich PLLC) Allie Smith (Fidelity Investments) Lori Spearman (Law Office of Lori A. Spearman) Trevin Ware (Law Office of T. R. Ware) Shawna Young (U.S. Army) Volunteer Paralegals: Katrina Lea (Law Office of Stephani R. Johnson) Michele Rayburn (Wallach & Andrews, P.C.) Julie Sherman (Cantey Hanger LLP) Volunteer Law Students: Elizabeth Anderson (Texas A&M University)

wills and estate planning documents. TVAS thanks Amy Fuqua (Fuqua Law Firm, P.L.L.C.) for her time in helping prepare the estate planning forms and speaking at the CLE. The clinic and CLE were held in honor of Kelly Hart & Hallman, last year’s Guardian of Justice Sponsor at the Tarrant County Bar Foundation’s Advocates for Justice Luncheon. Kelly Hart is a Guardian of Justice sponsor again this year. If you are interested in being on the list of volunteer attorneys willing to prepare a will for an eligible TVAS client, please contact Megan Cooley at megan@tarrantbar.org. TVAS will contact you when there is a case available for assistance. g

Pictured from L-R: TVAS Client, Attorney Volunteer Brian Singleterry (Aldrich PLLC), Monty Mayes, Susan Davis and Jessica Acosta.

TVAS Holds Free Wills and Estate Planning Clinic and Provides TVAS Volunteers and TCBA Members with Free CLE

O

n September 20, 2016, TVAS held a simple wills and estate planning clinic where volunteer attorneys drafted simple wills and estate planning documents for eligible clients. Volunteer paralegals also attended the clinic to serve as witnesses and notaries, as well as assist with document production. TVAS thanks the volunteers who attended. Prior to the clinic, TVAS provided a free CLE to TVAS volunteers and TCBA members on preparing simple

16 www.tarrantbar.org ▪ October 2016

Pictured from L-R: Front Row: TVAS Client, Volunteer Attorney David Menefee (Lacy Lyster Malone & Steppick, PLLC). Back Row: Katrina Lea and Susan Davis.


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Other Associations’

News & Information

Arlington Bar Association Meets on the 3rd Wednesday of each month. President, Ruth Lane. For location & information, email arlingtonbarassociation@yahoo. com or call 214.651.5622. Black Women Lawyers Association For meetings and information, contact Judge Maryellen Hicks, President, at 817.451.7100 or hicks8776@sbcglobal.net. Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M University School of Law library hours and information, please visit http://law.tamu.edu or call 817.212.3800. Fort Worth Chapter Association of Legal Administrators Meets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact Lisa Boyd at 817.339.2478 or LBoyd@BELaw.com. Fort Worth Paralegal Association General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org. L. Clifford Davis Legal Association (f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00pm. For more information, contact President Crystal Gayden at 817.496.8408 or by email at cgayden@gaydenlaw.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks, 76114. For more information, contact President Eloy Sepulveda at 817.332.1285. Northeast Tarrant County Bar Association (NETCBA) Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact President Fred Howey at 817.835.0555 or fred.howey@howeylaw.com. Tarrant County Criminal Defense Lawyers Association (TCCDLA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Brad Shaw at 817.237.1254 or bshawesq@sbcglobal.net. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month at the Family Law Center Assembly Room on the 2nd floor. For more information, contact president Kevin Schmid, 817.377.3000 or lawschmid@aol.com. Tarrant County Probate Bar Association Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Lara Aman at 817.390.6040 or lara.fernandes@ustrust.com. Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Mark Anderson at 817.294.1900. Tarrant County Young Lawyers Association The 2016-2017 new TCYLA Year begins September 1, 2016. If you need an application or meeting information, call 817.338.4092, email sandy@tarrantbar.org, or go to the website at tcyla.org.

Jeffrey Hobkirk, Underwriter

@TLIE_

facebook.com/TLIE01

Texas Association of Defense Council Meets for lunch every 4th Wednesday at Angelo’s. Contact George Haratsis, McDonald Sanders at 817.336.8651 for more information.

October 2016 ▪ TCBA BULLETIN 17


Membership Report

T

he 2016-2017 TCBA Bar year is now in full swing. The final/reminder invoices were sent out on August 26, 2016. Please remember that 2015-2016 memberships were good only through September 30, 2016. Thank you to everyone who has renewed your membership. We would not be here without all of you! Reminder: If you wish to continue to receive a hard-copy of the Bar Bulletin, please include an additional $20 with your renewal or application. All others will receive the E-Bulletin. g

Law Offices of Jason Smith

Trials and Appeals Employment, Personal Injury, Insurance

Judicial Profile Continued from Page 11 She resumed her passion of trying felony cases. One of her many important cases as first chair prosecutor was a case between an educator and a student. The case resulted in a penitentiary sentence for the educator. In 2013, she decided to run for the open seat of the County Criminal Court, Number 2. During the campaign, Criminal District Court Number One came open when Sharen Wilson decided to run for Tarrant County District Attorney. Governor Rick Perry appointed Judge Beach to the bench from many candidates. “It was a tremendous blessing. I was shocked and very humbled by it.” Five attorneys had entered the race for the position, but after the appointment, they dropped out of the race, and she ran unopposed in the primary and in the general election. “I was grateful to have no opponent because I could focus on my job. It was a double blessing.” She is in her third year as District Judge of Criminal District Court Number 1, Tarrant County, Texas. Her college major in English was a good one for her because “it helps in writing the charge in a jury trial. I’m very particular. Sometimes we have had objections over the use of a comma in a court’s charge.” For attorneys who have never appeared in her court, Judge Beach advises that, “I like things to be very professional, formal, and efficient. I dislike it when they are delayed.” Judge Beach is grateful for her law degree and the many opportunities it has brought to her. “A law degree gains you so much. I’ve done civil, criminal, and appellate law, and I have taught. I love criminal law; it is so fascinating why people commit crimes. Each case is unique. I encourage young lawyers to keep trying and continuing until they find their passion.” g

18 www.tarrantbar.org ▪ October 2016

Board Certified Civil Appellate Law

Jason Smith 817.334.0880 600 8th Aveue Fort Worth, TX 76104

letsgotocourt.com

Amerian Board of Trial Advocates


New Face

at the Bar Association

T

he Tarrant County Bar Association is pleased to welcome our newest staff member. Rae Wilson joins us as our Accounting Assistant. We are excited to have Rae with us. g

W

Benefits of Membership

hy be a member of the Tarrant County Bar Association? Besides wonderful networking opportunities and camaraderie in the legal community, membership has other benefits such as: 1. The TCBA has eighteen Substantive Law Sections offering CLE and networking with members interested in the same areas of law. 2. Reduced rates on CLE (Brown Bags, Luncheons, Section Meetings, Last Tuesday CLE). 3. Reduced rates on room rental at the TCBA Bar Center. 4. Monthly Bar Bulletin (by email or mail) and updates on upcoming events by e-mail. 5. Community Service Opportunities through the Foundation: LegalLine, Texas Lawyers for Texas VeteransTarrant County Chapter, Tarrant County Volunteer Attorney Services; and through community service committees: People’s Law School, Annual Food Drive, Blood Drive, Elder Law Committee, and others. 6. Reduced rates on advertising in the Bar Bulletin and on the TCBA website. 7. Mentoring or being mentored through the Transition to Practice program. 8. Reduced rates on office supplies, UPS, shredding documents, the Fort Worth Zoo, and more. 9. The all-important fun networking opportunities. So the next time someone asks you why join the TCBA, please let them know. We thank you for your continued membership. This Bar Association is great because of its members like YOU! If you have any questions regarding your membership, please contact Sandy at the bar office at 817.338.4092 or by email at sandy@tarrantbar.org. g

T

Elder Law Handbook

o download the latest copy of our Elder Law Handbook, visit our website at www.tarrantbar.org, click on "For the Community" and then on "Elder Law Handbook."

Elder Law Handbo

ok

Seventh Edition (Spring 2016)

For an up-to-dat

e electronic copy,

www.tarrantbar.org\

visit the TCBA’s

For the Communit

©

website at

y\Elder Law Handbook

A Community Service Project of the Elder Law Committe e Funded by the Tarrant County Bar Foundation

DISCLAIMER

This Handbook is published by the Tarrant County Bar Association may not be sold, as an aid to the or published in any community. This form. This informatio material advice, please consult n is not intended to give legal advice. an attorney of your If you need legal choice. Reliance at your sole risk on this informatio and the Tarrant n or recommended County Bar Association resources shall be responsibility for and Tarrant County any errors or omissions. Bar Foundation While the Tarrant assume no provide accurate County Bar Association and complete informatio makes every effort n, various data such as names, to prior to updating. telephone numbers, Some of the informatio etc. may change n contained in this maintained by other publication relates to informatio organizations. Please n created and note that the Tarrant cannot guarantee County Bar Association the relevance, timeliness, does not control or accuracy of these and outside materials.

Member Benefits Vendor List

TCBA members may take advantage of discounts provided by the following vendors: ABA Retirement Funds Program provides full-service 401(k) plans to benefit the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www.abaretirement.com. AMO Office Supply offers TCBA members the lowest price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421. Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $9.50 adult, $6.50 for child or senior. For tickets, contact sandy@tarrantbar.org or 817.338.4092. If mailing or charging tickets, add 50 cents. Texas Rangers Baseball discount tickets are available by going to www.texasrangers.com/tickets, selecting a game and entering the coupon code. Contact Sherry Jones for the coupon code by email at sherry@tarrantbar.org. UPS - TCBA has signed an agreement with UPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, so check out UPS for your needs at www.ups.com or 1.800.PICK.UPS. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call the TCBA office for details. Expanco is N.A.I.D. AAA-Certified document-destruction service offering 40% off to TCBA members. Call the TCBA office for details. g

October 2016 ▪ TCBA BULLETIN 19


Lawyer Referral & Information Service

News

A

s you may know, we are always looking for more attorneys to join our LRIS program. Some of the fields that we have been getting numerous calls for but are unable to provide referrals for are as follows: Workers Compensation (Subscriber and Non-subscriber) Medical Malpractice (all categories) Insurance Law (all categories) Children’s Social Security

Coming Soon

PINNACLE BANK PLACE DOWNTOWN FORT WORTH

Our fees for joining the LRIS: Payment of an annual fee for Members of the Tarrant County Bar Association: $150 - licensed less than one year; $175 - licensed less than three years; and $200 - licensed more than three years.

250 W. LANCASTER AVE.

across from the Post Office Downtown AZLE • BENBROOK • BURLESON • CLEBURNE FORT WORTH • JOSHUA • KEENE • SPRINGTOWN 817.444.2504 • pinnbanktx.com

THANK YOU to all of our LRIS attorneys who make it all possible with their referral fees: Jacob Higgins Eric Ransleben Carey Thompson

Laurie Weir Paul Youngblood

MEMBER FDIC

16_PTX43_TCBA_BAR_BULLETIN_AD.indd 1

For affordable mediation services, call DRS. Because when you talk, we’ll listen. Get the help and resources needed to work through disputes outside of the courtroom. Dispute Resolution Services of North Texas, Tarrant County’s Dispute Resolution Center, provides a safe environment for parties to discuss and resolve issues affordably. Following a proven process, trained neutral mediators work together with parties to develop workable solutions. The mediators’ guidance throughout the process gives the parties and counsel the opportunity to create their own solutions. To discuss your case, call today.

4554 817-877-4554 4304 Airport Freeway, Suite 100 0 Fort Worth, Texas 76117 7 drsnorthtexas.org g

Uncommon attention to reach common ground. 20 www.tarrantbar.org ▪ October 2016

9/19/16 4:34 PM


TCBA Welcomes It's Members

New

Lawyers on the Move &

in the News

Kelly Hart & Hallman is pleased to announce that S. Benton Cantey was recently appointed to the Board of Trustees of the Bullock Texas State History Museum for a 3-year term beginning August, 2016. Mr. Cantey is a partner with Kelly Hart & Hallman’s Corporate & Securities Practice. Mr. Cantey can be contacted at 817.878.3559 or benton.cantey@kellyhart.com. Charles Lieser is pleased to announce that he has moved from Weaver and Tidwell, L.L.P. to his own Solo Practice: Charles Lieser, Attorney at Law. 2304 Lakeside, Arlington, Texas 76013. He can be contacted at 817.914.0157 or charles@charleslieser.com. Louis Boyd “Bodie” Freeman III has moved his practice to new location: Law Office of Louis B. Freeman III, PLLC,

Attorneys

Laurie Ackermann J. Cody Acuff Alix Allison Collin Ashworth Christopher Baca Sorana Ban Maxwell Brown Katarzyna Brozynski Kelly Burns Ola Campbell Allison Carroll Phillip Chaney Tyler Clardy Taylor Darby Antonio Devora Paul Elkins Joshua Eppich Keegan Etheredge Jeff Griffin Jessica Gunnels Randy Hall Kelly Haun Jason Hendrix Stephen Huschka Garrett Blake Jackson Alissa Janke David S. Johnson Gem Jones Merrill Jones Scott Larson Mary-Margaret Lemons Paul Lopez Rosalia Maddock James McBride Jennifer McDaniel Juan Mendoza

Jason Mills Kevin Mitchell Rebecca Morley Blair Park Chandni Patel Kerri Phillips Chance Reynolds Jessica Robinson Kyle Russo Rachel Saltsman Michael Schneider Kasi Schuelke Jim Scott Graham Simms Lisa Sofos Kelly Sullivan Matthew Tadlock Aziza Travis S. Kyle Voss William Wallace Robert Yadao

Students

Cielo Fortin-Camacho Kacie Kell

Associates

Stacy Alvarez Melinda Jones Richard Goeke Becky Hammer Vincent Littleton Chloe Schultz Andrea Simons Robert Sutherland Brent Young

200 South Main Street, Suite 4B, Box#3, Keller TX 762487051. He can be contacted by phone at 817.710.5100 or by email at bodie@lbfreemanlaw.com. Hon. Jennifer Rymell, Judge of County Court at Law #2 was elected Chair-elect of the Judicial Section of the State Bar of Texas. Her term as Chair will commence in September of 2017. Jodi Bender is proud to announce that she has made partner at Duffee & Eitzen. She can be contacted at 817.952.3155 or jbender@duffee-eitzen.com. Lyndsey Segars Cheek, previously with the McDonald Law Firm, has announced that she is now an associate of Broude, Smith & Jennings, P.C., 309 W. 7th, Suite 1100, Fort Worth, TX 76102. Preston Dugas, III, previously with the McDonald Law Firm, is now of counsel to Broude, Smith & Jennings, P.C., 309 W. 7th, Suite 1100, Fort Worth, TX 76102. g

October 2016 ▪ TCBA BULLETIN 21


. . . And Now a Word

O

National Adoption Day

from our Sections

n Tuesday, October 30, the Solo & Small Firms Section held a Mixer at the Law Office of William Fitzgerald that was hosted by Robert Fitzgerald. The Mixer was sponsored by Origin Bank and Heim BBQ catered. Congratulations to Brad Dowell and Judge Don Pierson for winning the prizes sponsored by Origin Bank. g

Friday, November 18, 2016 8:30 a.m. Tarrant County Family Law Center

O

n National Adoption Day, we will celebrate and help place children from the foster care system with new forever families. If you are interested in being on the National Adoption Day committee, volunteering at the event, or making a financial contribution, please email tarrantcountynad@gmail.com. Remember that kids are being adopted year-round! Please continue to donate bears in the bins located at the Tarrant County Bar office and the Tarrant County Family Law lawyer’s lounge. Opening remarks will be recorded by Juris Fabrilis.

Special

Thank You to our August

Docket Call Social Sponsors

22 www.tarrantbar.org â–Ş October 2016


October 2016 â–ª TCBA BULLETIN 23


A Glimpse In the Past

42 Years Ago


32 www.tarrantbar.org â–Ş September 2016


Bar Bulletin ▪ October 2016 Tarrant County Bar Association 1315 Calhoun Street Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED

PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX PERMIT 1807

If any of your contact information is incorrect, please submit the corrected information to Sandy at the TCBA of�ice at 817.338.4092, fax to 817.335.9238 or email to sandy@tarrantbar.org

Stay CONNECTED to Us

Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter

@TarrantBar

@TLTVinTarrant

@TVASFW

Classified Advertising NOTICE

Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org

October 2016 Bar Bulletin, Tarrant County Bar Association  

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