Bulletin September 2017
Tarrant County Young Lawyers Association
Tarrant County Bar Association
CHARITY GOLF TOURNAMENT
Mira Vista Country Club Golf Course Monday, November 6, 1pm Shotgun Start
President’s Page D
riving through Georgia on a pleasant stretch of highway lined with, you guessed it, tall Georgia pines, I found myself almost tranquilized by the beauty of the countryside. It was the end of a busy week of college visits and vacation, and I did my best not to think about the work that inevitably accumulates during a week away from the office. Oh, but all good things must end, and this mobile oasis disappeared by Nick Bettinger quicker than you could say “GoPro, start recording.” Chaos ensued due to the loss of our cellular signal somewhere between Savannah and Macon. It was as if the earth stopped rotating, and prayers directed to Siri went unanswered. Amid the uncertainty of whether streaming services would ever return, a new form of communication emerged—the spoken word. Child number one discussed her impressions of the college visits. Child two disclosed her goals for the upcoming school year. Child three? Well, he was smart enough to have downloaded a couple of cartoons on his tablet before creating a bunker in the third row of seats. Two out of three isn't bad, though. I love technology. It brings incredible efficiencies to the practice of law. Word processing makes us better writers, correcting our spelling, grammar and punctuation. Practice Management software organizes even the most complex files. Online research provides answers to legal questions in a fraction of the time it takes to dig through the books. Digital calendars tell us where we need to be, and Uber gets us there on time. A good laptop or tablet obviates the need to lug your file cabinet down to the courthouse for a hearing or trial. Most important and efficient, however, is electronic mail. E-mail not only phased out the postage stamp, it also serves as your to-do list, rolodex, time diary, and newspaper. E-mail lets you reach dozens of recipients with a single message. You can schedule an appointment, exchange documents, and share photos. But let’s tap the brakes. E-mail stifles verbal communication. E-mail gives you an electronic, not electric, personality. It is great for making a trail, but not for making your point. In contrast, verbal communication allows you to convey emotion and be more expressive and articulate. It allows instant feedback. It can turn on a dime into a different but related topic. It even lets you practice that art of persuasion that you learned in law school. Yes, a time will come when artificial intelligence can produce a meaningful conversation, but for now, Siri, Cortana and Alexa just seem a little robotic. So get up from your computer. Start a conversation. Debate an issue. Tell a story. Talk. Now that I’ve got you out of your chair, let’s get some exercise. If you don’t get the engine running on a fairly regular basis, it will surely break down. Instead of having that conversation at the water cooler, venture outside and
Let’s not be Tech Driven debate International Shoe while giving your own shoes a workout. It is September, so the temps are coming down. Great time of the year to enjoy a midday walk. After a nice walk, you will be inclined to nestle back into your office chair for another few hours of computer work. But wait. Countless medical articles discuss the adverse health effects of prolonged sitting. The easiest solution—one I implemented in my office four years ago—is the stand-up desk. You will quickly find that standing at least part of the day can eliminate those aches and pains that stem from poor posture. If you are in the market, be sure to find a model that allows you to adjust to variable heights, allowing you to alternate standing and sitting throughout the day. Feel free to call me if you want advice on particular models. On the issue of wellness, perhaps you have noticed that the State Bar is making it a priority for Texas lawyers. The Texas Lawyers’ Assistance Program has recently launched its website, tlaphelps.org. It contains dozens of articles, videos and resources on everything from improving your general health to helping you deal with a substance addiction. Thanks to Frank Stevenson and Tom Vick for bringing this online service to Texas lawyers. I encourage you to visit the site and take advantage of its resources. While you’re perusing the internet, head over to tarrantbar.org to renew your TCBA membership online. Also be sure to check out the TCBA Facebook page (@TarrantCountyBarAssociation) and Twitter feed (@TarrantBar). Also, our new Bench Bar chair, Kim Stoner, is creating a fantastic Facebook page for Bench Bar XXV which will take place on April 20-22, 2018. Mark your calendar now and plan to join us at the Horseshoe Bay resort. A big event for the Tarrant County Bar Foundation is North Texas Giving Day on September 14. The Foundation supports TCBA projects like Elder Law Handbook, Blood Drive, LegalLine, and pro bono programs. Expect to receive reminders via e-mail and social media as North Texas Giving Day draws near. The TCBA website also has a link with more information. Please consider a generous donation to the Foundation so TCBA can continue to provide these needed programs and services to our community. Balloon sculpture of the month. My daughter recently turned 16, and she made it known that she would like to get a car for her birthday. Ask, and you shall receive!
Have a great month. g
▪ TCBA BULLETIN 1
3 Features 3 News From The State Bar of Texas Annual Meeting 7 GW Law Receives $1.25 Million Gift 15 Charity Golf Tournament Departments 1 President's Page 4 YLA Snapshot 5 Calendar of Events 6 100 Club 8 Snippets 10 Texas Lawyers for Texas Veterans 12 Judicial Profile - Judge Russell Nelms 13 LegalLine 14 Other Association's News & Information 16 Lawyer Referral & Information Service News 19 Tarrant County Volunteer Attorney Services 20 Benefits of Membership 21 Membership Report 21 In Memoriam 23 A Word From Our Sections 25 It's All Happening Around the Bar 25 Lawyers on the Move & in the News 25 Vendor List Advertiser's Index
Deborah Adame..................................................23 Dispute Resolution Services.................................10 Juris Fabrilis.......................................................16 KoonsFuller.................................Inside Front Cover Law Offices of Jason Smith.................................13 Law Offices of Steven C. Laird, P.C.......................22 LawPay...............................................................23 Lone Star Ag Credit...............................................18 Moses, Palmer & Howell, L.L.P............................23 Red Mass Committee...........................................16 Stephens Anderson & Cummings...........Back Cover Texas Lawyers' Insurance Exchange...................14 Tindall Square Office Complex............................25 Tarrant Probate Bar Association..........................13 The Colaneri Firm, P.C........................................16 The Collie Firm...................................................14
▪ SEPTEMBER 2017
Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: email@example.com 2017-2018 Officers
President................................Nick Bettinger President-Elect..........................Lance Evans Vice President.............................John Cayce Secretary-Treasurer...............Gary L. Medlin
Directors Term Ends 2019
Director..............................Susan Hutchison Director............................Jason C. N. Smith Director............................Tennessee Walker
Term Ends 2018
Director..................................Cody L. Cofer Director..............................Veronica C. Law Director..........................................Lu Pham
2017-2018 Appointed Directors
Appointed Director.......................Joe Regan Appointed Director................Lori Spearman
Tarrant County Young Lawyers Association Spring 2017 President.......Tennessee Walker Fall 2017 President.............Christopher Gee Immediate Past President......Robert G. West Executive Director.................Megan Cooley Ex-Officio Members State Bar of Texas Director............................Gary L. Nickelson Director...............................Curtis Pritchard American Bar Association Delegate...................................Janna Clarke Bar Bulletin Editor...................................John F. Murphy Assistant Editor.....................Kathleen Flacy Graphics/Production............Elizabeth Banda TheTarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: firstname.lastname@example.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 email@example.com in Word format. Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
CLE Membership Luncheon Tuesday, September 12
GUEST SPEAKER: MAX GLAUBEN H O LO C AU S T S U R V I V O R
hen Germany invaded Poland in 1939, 10-year-old Max Glauben and his family lived in what would become the Warsaw Ghetto. Eventually, his entire family was herded onto trains bound for concentration camps. Only Max survived. Orphaned, he immigrated to the U.S. in 1947. Max will speak about his experience as a Holocaust survivor at our September luncheon. The luncheon is hosted by the Tarrant County Bar Association. It will be held at City Club on Tuesday, September 12, 11:45 am. City Club is located at 301 Commerce
Street (2nd floor) in downtown Fort Worth. Cost for lunch is $26 for members with reservations and $31 for guests and those without reservations. Dress is business casual â€“ suit and tie not required. To make reservations, please contact Sherry at 817.338.4092 or firstname.lastname@example.org. For directions to the location, please visit the City Club website at www.cityclubftw.com. g
Generously Sponsored by:
News From The News from the State Bar Texas Annual Meeting State Bar of of Texas Annual Meeting
he State Bar of Texas held its Annual Meeting on June 22-23 in Dallas. Many of the Tarrant County Bar Association members were involved with the Annual Meeting:
Janna Clarke, Broude Smith & Jennings PC, received the President's Award. Jerry Bullard, Adams Lynch & Loftin P.C., received the Certificate of Merit. Katie Copeland, Naman Howell Smith & Lee, PLLC, sang the National Anthem at the General Session Luncheon. Roland Johnson, Harris, Finley, & Bogle, P.C., spoke to the Poverty Law Section about "Resources for Attorneys Working with Low Income Clients." Christy Jack, Varghese Summersett PLLC, participated in a discussion and spoke to the Criminal Justice Section on " Naked & Unafraid: Brady and Section 3.09(D) After Two Years." David Coker, Coker, PLLC, spoke to the Law Practice Management Section on "Increasing Efficiency in Your Office."
Save the Date for Next Year
State Bar of Texas Annual Meeting 2018 June 21-22, 2018 Marriott Marquis | Houston, TX
â–Ş TCBA BULLETIN 3
YLA Snapshot Tennessee Walker, President TCYLA
his is my last article as President of the Tarrant County Young Lawyers Association. My six (6) month term has passed in what seems like the blink of an eye. It has been my honor to serve the young lawyers of Tarrant County, and I take pride in the community service projects TCYLA has undertaken and completed in these last few months.
lecting stuffed animals at the tournament to be distributed on National Adoption Day.
TCYLA Continuing to Make a Difference
TCYLA is proud to announce that it recently partnered with Fort Worth ISD’s Edward J. Briscoe Elementary School to provide backpacks and needed school supplies for the Kindergarten and First Grade classes.
In total, TCYLA provided 144 deserving kids with a high quality backpack and school supplies. Proud lawyers that we are, we took the opportunity to put in an early plug for the legal profession. Thanks to the great resources available through the State Bar of Texas, we were able to include kids’ activity books designed for legal education in backpack.
TCYLA/TCBF Golf Tournament
It is almost that time. The annual TCYLA/TCBF Golf Tournament is scheduled for Monday, November 6th at Mira Vista Country Club. Lunch will be served before the tournament and there will be an awards party and live music when the golf is done. Also, as in years past, we will be col-
▪ SEPTEMBER 2017
According to this picture that I found, John Shaw has been practicing—have you? Kidding aside, come swing the sticks for a good cause. Proceeds benefit the Tarrant County Bar Foundation’s internship program with Texas A&M University School of Law. This program simultaneously helps law students get much needed exposure to the local bar and helps with the bar’s staffing needs. We will take your money— sponsorship opportunities are available regardless of whether you are a golfer. Additional information can be found at TCYLA.org. You should also receive (if you have not already) sponsorship and entry information via email.
Passing the Torch
It’s time for me to pass the proverbial torch to Chris Gee, the incoming TCYLA President. Chris is a true servant leader for TCYLA and has been an integral part of our organization for many years. TCYLA is destined to become a better organization under Chris’s leadership. I am glad to call Chris a friend and I am proud to pass the TCYLA torch to him. g
Calendar of Events September 2017 4
Labor Day Holiday Office Closed
Transition to Practice - "Family, Criminal, and Bankruptcy: What Every Lawyer Should Know." 11:30am, TCBA Office
CLE Membership Luncheon 11:45am, City Club
Collaborative Law Section Luncheon 12pm, La Hacienda Ranch Restaurant, Colleyville
North Texas Giving Day 6am - Midnight, Online
LegalLine 6:00 - 8:00pm, TCBA Office
Yoga Happy Hour at the Bar 3:30 - 4:30pm, TCBA Office
Tax & Estate Planning Section Luncheon 11:30am, Petroleum Club
Solo & Small Firms Section Luncheon 12pm, Petroleum Club
Real Estate Section Luncheon 12pm, City Club
ADR/Labor & Employment Law Combined Sections Luncheon 12pm, City Club
Fort Worth Business & Estate Section Luncheon 10:30 am – Advanced Session 11:30 am – Lunch and regular session City Club Last Tuesday CLE 1:00 – 4:00 pm, TCBA Office
Corporate Counsel Section Luncheon 12pm, Petroleum Club
LegalLine 6pm - 8pm, TCBA Office
Brown Bag Seminar - "Staying Out Of Hot Water" 12:30pm, TCBA Office
October 2017 5 Docket Call Social 5:00pm, Dorsett Johnson & Swift, LLP 10 Solo & Small Firms Section Luncheon 12pm, Petroleum Club 12 Energy Law Section Luncheon 12pm, Petroleum Club 12 LegalLine 6pm - 8pm, TCBA Office 16 Bankruptcy Law Section Luncheon 12pm, Fort Worth Club 17 Tax & Estate Planning Section Luncheon 11:30 am, Petroleum Club 19 FWB&E Section Luncheon 11:30 am, City Club 19 Construction Law Section Luncheon 12pm, TCBA Office 24 Appellate Law Section Luncheon 12pm, Petroleum Club 26 LegalLine 6pm - 8pm, TCBA Office 27 Brown Bag Seminar – Juvenile Law 12 pm, Juvenile Detention Center Training Room 31 Last Tuesday CLE 1pm, TCBA Office
Save the Date for TCBA's Membership Events Holiday Party THURSDAY, DECEMBER 7, 2017 5:00PM - 7:00PM 50 Year Attorney Luncheon TUESDAY, FEBRUARY 13, 2018 11:45AM Women in the Law Luncheon
Sponsorship opportunities are available for all events. Please contact Megan Cooley at email@example.com for more information.
KEYNOTE SPEAKER: MAYOR BETSY PRICE TUESDAY, FEBRUARY 27, 2018 11:30AM
▪ TCBA BULLETIN 5
Members of the 2017-2018
100 Club *List Reflected Below is as of August 23, 2017 Adams Lynch & Loftin P.C. Linebarger, Goggan, Blair & Albert Neely & Kuhlmann LLP Sampson, LLC Anderson & Riddle, LLP Lively and Associates, PLLC Baker Monroe PLLC Martinez Hsu P.C. Barlow, Garsek & Simon McDonald Sanders Law Firm Bonds Ellis Eppich Schafer Jones LLP Mellina & Larson, PC Brackett & Ellis, P.C. Murphy Mahon Keffler Farrier, LLP Brown, Dean, Prctor & Howell, LLP Naman, Howell, Smith & Lee, PLLC Bruner & Pappas LLP Nelson Bumgardner, P.C. Cantey Hanger Padfield & Stout, LLP Cook Children's Health Care System Parker Straus, LLP Dawson Parrish Phelps Dunbar LLP Decker Jones, P.C. Second Court of Appeals Dowell, Pham & Harrison Stephens, Anderson & Cummings Friedman, Suder & Cooke Tarrant County CDA's Office Griffith, Jay, & Michel, LLP Underwood Law Firm Harris, Finley & Bogle, P.C. Varghese Summersett, PLLC Harrison Steck P.C. Watson Caraway Midkiff Jackson Walker, L.L.P & Luningham L.L.P. Jim Ross Law Group Wick Phillips Kelly Hart & Hallman LLP Winstead PC Law, Snackard and Gamble 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 2017-2018 bar year qualifies for the â€œ100 Club.â€? The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the
new bar year. Any firm/organization 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 Lauren McKnight at firstname.lastname@example.org or 817.338.4092. g
GW Law Receives $1.25 Million Gift
The gift from the Dee J. Kelly Foundation—named for the late, distinguished alumnus of GW Law—provides the school with financial support.
he George Washington University Law School announced on July 17 that it received a $1.25 million gift to support its operations from the Dee J. Kelly Foundation. The gift from the foundation—named for Dee Kelly, Sr., J.D. ’54, who was a prominent Texas lawyer, power broker and behind-the-scenes figure in Texas politics—will create the Dee J. Kelly Foundation Fund. In recognition of its generosity, the university will rename the Law School Learning Center (LLC) the Dee J. Kelly Law Learning Center. Mr. Kelly’s three children—Cindy Kelly Barnes, Dee J. Kelly, Jr., and Craig L. Kelly—are in charge of the foundation. “All of us at George Washington are deeply grateful to the Dee J. Kelly Foundation for this generous gift, which will benefit the faculty and students of GW Law for generations to come,” said GW President Steven Knapp. “Naming the Law Learning Center in Dee Kelly’s honor creates a living legacy for a great man who was also one of our most distinguished alumni.” “Naming the LLC is a way to honor the life of my dad and the experience he had at GW Law. This will keep his name connected to the law school for a long time and that’s what he would have wanted. He loved GW Law and Washington, D.C.,” said Dee Kelly, Jr. “I hope his career is motivational to students. My dad started with nothing and his successful career was based on the education he received at the law school.” Ms. Kelly Barnes added that her father would have “loved the vibrancy and energy of the LLC as a student.” Today, GW Law students use its resources and space for studying, legal research and moot court competitions. “Dee Kelly left an indelible mark on his native Texas,” said Susan Karamanian, Burnett Family Professorial Lecturer in International and Comparative Law and Policy and associate dean for international and comparative legal studies. “After graduating from GW Law, he arrived in Fort Worth, Texas, with little in his pockets and went on to establish one of the state's most influential law firms, Kelly Hart & Hallman. Dee and the firm have helped shape modern Fort Worth, in particular, through their work on nearly every high-profile legal matter in the North Texas region. Also, Dee was relentless in dedicating time and energy to a variety of nonprofit institutions in Fort Worth and throughout Texas.
“An outstanding courtroom advocate, Dee is perhaps best remembered as a trusted counselor and confidant to civic and political leaders,” Ms. Karamanian added. “A protégé of former Speaker of the House Sam Rayburn, he used his ability to relate to all kinds of people and his keen listening skills to resolve differences. He simply thrived on working with others. For Dee, a life well-lived was one devoted to family and friends and dedicated to respecting others while in service to his community.” Mr. Kelly also was a friend and supporter of Presidents George H.W. Bush and George W. Bush and was well acquainted with all the governors of Texas, from John Connally to Greg Abbott. Mr. Kelly was often a guest at the White House and the Governor’s Mansion in Austin. Born March 7, 1929, in Bonham, Texas, Mr. Kelly grew up as an only child. His father sold insurance and his mother worked in a cotton mill. A child of the Depression, Mr. Kelly believed in effort and persistence above all else, and his work ethic became legendary. While working for Speaker Rayburn, Mr. Kelly pursued his passion for both the law and for politics—forces that would shape his professional life. He met his future wife, Janice LeBlanc, while working in the speaker’s office. After graduating from Texas Christian University (TCU), he attended law school at GW and was later named a distinguished alumnus from both universities. For 32 years, he served on the board of TCU, where he was also a member of the Executive Committee. TCU later named its alumni center after Mr. Kelly. The gift is one of the final contributions counted under the Making History campaign, which formally ended a year ahead of schedule on June 30 after surpassing its $1 billion goal. More than 66,000 donors—including Mr. Kelly, 41,000 other alumni and more than 1,000 seniors in the class of 2017—propelled the university’s largest-ever fundraising initiative. The outcomes of donor contributions to support students, enhance academics and break new ground at the university are highlighted on makinghistory.gwu.edu. g GW Law, long recognized as one of the top law schools in the country, pursues a distinctive research and learning mission that engages the leading law and policy questions of our time and provides students with an education that will position them to help change the world. Accredited by the American Bar Association and a charter member of the Association of American Law Schools, GW Law was founded in 1865 and was the first law school in the District of Columbia.
▪ TCBA BULLETIN 7
Civil and Criminal
Co-Editor Judge Carey Walker, County Criminal Court No. 2
by Judge Bob McCoy g County Criminal Court No. 3
GET TO KNOW THIS JUDGE
Hon. Susan Heygood McCoy, Judge 153rd District Court My three favorite inspirational quotes are: (1)“Let your Faith be bigger than your fear.”—Psalm 27:1 (2)“Success is not final and failure is not fatal; it is the courage to continue that counts.”—Winston Churchill (3)“Don’t look back, you are not going that way.”—Bob Dylan And a bonus for my children Molly and Zach as they begin their adult lives: “What if I fall? Oh but my darling, What if you fly?”—Erin Hanson
ASK JUDGE BOB
Judge Bob, what is defamation per quod? It is “[d]efamation that either (1) is not apparent but is proved by extrinsic evidence showing its injurious meaning or (2) is apparent but not a statement that is actionable per se.” Brady v. Klentzman, 515 S.W.3d 878 (Tex. 2017)
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) “Knowledge is knowing a tomato is a fruit; Wisdom is not putting it in a fruit salad.” —Miles Kingston (attrib.)
THE DANES’ QUOTE OF THE MONTH “I have found that when you are deeply troubled there are things you get from the silent devoted companionship of a dog that you can get from no other source.” —Doris Day
CRIMINAL ITEMS OF INTEREST 1. Deadly Weapon
A knife is not a deadly weapon per se. Therefore, it is the State’s burden to not only prove that a knife was used, but that “in the manner of its use or intended use [, it was] capable of causing death or serious bodily injury.” Mendez v. State, 515 S.W.3d 915 (Tex. App.—Houston [1st Dist.] 2017).
2. Double Jeopardy Clause
Gonzalez was indicted on three counts of DWI with a child passenger. For each offense, the indictment listed one count
▪ SEPTEMBER 2017
pertaining to each child present in the vehicle. The Double Jeopardy Clause protects against multiple punishments for the same offense. When a defendant alleges that multiple punishments have been assessed for the same offense under a single statute, “we must determine the allowable unit of prosecution for the statute that proscribes the offense.” If each alleged violation of the statute was for a separate “allowable unit of prosecution,” there is no double jeopardy violation. The allowable unit of prosecution is each incident of driving, not each child present in the vehicle. The “allowable unit of prosecution” for DWI with a child passenger is one offense for each incident of driving or operating a vehicle. Gonzalez v. State, 516 S.W.3d 18 (Tex. App.—Corpus Christi 2016).
3. Double Jeopardy Revisited
In cases tried by a jury, a defendant is placed in jeopardy when the jury is empaneled and sworn, and “because jeopardy attaches before the judgment becomes final, the constitutional protection also embraces the defendant’s ‘valued right to have his trial completed by a particular tribunal.’” Despite the general prohibition against jeopardy-barred trials, there are two exceptions in which a criminal defendant may be tried again without violating double-jeopardy principles when the prosecution ends prematurely as the result of a mistrial: (1) the defendant consents to a retrial, or (2) there was manifest necessity to grant a mistrial. State v. Yetman, 516 S.W.3d 33 (Tex. App.—Houston [1st Dist.] 2016).
4. Speedy Trial
A speedy trial analysis begins with the length of the delay. This is measured from the time the accused is arrested or formally accused. “The length of the delay is, to some extent, a triggering mechanism, so that a speedy trial claim will not be heard until passage of a period of time that is prima facie unreasonable under the circumstances.” In general, “delay approaching one year is sufficient to trigger a speedy trial inquiry.” Hartfield v. State, 516 S.W.3d 57 (Tex. App.—Corpus Christi 2017).
5. Voir Dire
The purpose of voir dire is to: (1) elicit information that would establish a basis for a challenge for cause because the venireman is legally disqualified from serving or is biased or prejudiced for or against one of the parties or some aspect of relevant law; (2) facilitate the intelligent use of peremptory challenges that may be “exercised without a reason stated, without inquiry and without being subject to the court’s control”; and (3) indoctrinate the juror on the party’s theory of the case and to establish rapport with the prospective jury members. Chakravarthy v. State, 516 S.W.3d 116 (Tex. App.—Corpus Christi 2017).
6. Miranda Warnings
“Questions normally attendant to arrest, custody, or administrative ‘booking’ procedure do not constitute ‘interrogation’ for purposes of Miranda . . . in the Miranda context, ‘interrogation’ means ‘any words or actions on the part of the police . . . that the police should know are reasonably likely to elicit an incriminating response.” This “should know” test is the general test for determining whether an interrogation has occurred. Hoff v. State, 516 S.W.3d 137 (Tex. App.—Amarillo 2017).
7. The Michael Morton Act
Statute requiring State to produce certain discovery expressly and unequivocally prohibits an attorney from allowing the defendant to have copies of the information provided, and thus a trial court does not have authority to enter an order that effectively abrogates this unqualified legislative judgment. Tex. Crim. Proc. Code Ann. art 39.14(f). Powell v. Hocker, 516 S.W.3d 488 (Tex. Crim. App. 2017).
8. The Confrontation Clause
Statements are nontestimonial when “the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.” In contrast, statements are testimonial, “when the circumstances objectively indicate . . . that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.” Gutierrez v. State, 516 S.W.3d 593 (Tex. App.—Houston [1st Dist.] 2017).
9. Statements of Defendants
Article 38.22 requires that a defendant knowingly, intelligently, and voluntarily waive his rights before a statement made while he was in custody may be used against him. The determination of whether a statement is voluntary is based on an examination of the totality of the circumstances surrounding its acquisition. There is no requirement that a defendant explicitly waive his rights. A waiver can be inferred from the actions and words of the defendant during the interview. Routh v. State, 516 S.W.3d 677 (Tex. App.—Eastland 2017).
CIVIL ITEMS OF INTEREST 1. Voluntary payment rule
It has long been the rule in Texas that “a tax voluntarily paid cannot be recovered, though it had not the semblance of legality.” This voluntary payment rule “secures taxing authorities in the orderly conduct of their financial affairs, “serves the “government’s exceedingly strong interest in financial stability,” and “supports the age-old policies of discouraging litigation with the government.” The voluntary payment rule also operates to prevent a party from misleading his opponent into believing the controversy is resolved before later contesting the payment and seeking recovery. Tanguy v. West, 516 S.W.3d 13 (Tex. App. —Houston [1st Dist.] 2016).
2. Forcible-detainer action
Because a forcible-detainer action’s purpose is not to establish title, a plaintiff bringing a forcible-detainer action “is not required to prove title, but is only required to show sufficient evidence of ownership to demonstrate a superior right to immediate possession.” Trimble v. Fed. Nat’l Mtg. Assoc., 516 S.W.3d 24 (Tex. App.—Houston [1st Dist.] 2016).
3. Statutory Construction
Where a statute is silent on an issue, we presume that the silence is a careful, purposeful, and deliberate choice. City of Hous. v. Bryant, 516 S.W.3d 47 (Tex. App.—Houston [1st Dist.] 2017).
4. Breach of a guaranty agreement
A lender bringing an action for a breach of a guaranty agreement must establish “(1) the existence and ownership of the guaranty contract, (2) the terms of the underlying contract by the holder, (3) the occurrence of the conditions upon which liability is based, and (4) the failure or refusal to perform the promise by the guarantor.” Julka v. U.S. Bank Nat’l Assoc., 516 S.W.3d 84 (Tex. App.—Houston [1st Dist.] 2017).
5. Parol evidence rule
The parol evidence rule is a rule of substantive law which provides that, in the absence of fraud, accident, or mistake, extrinsic evidence is not admissible to vary, add to, or contradict the terms of a written contract that is facially complete and unambiguous. However, “[t]he [parol evidence] rule does not prohibit consideration of surrounding circumstances that inform, rather than vary from or contradict, the contract text.” Carrizo Oil v. Barrow-Shaver, 516 S.W.3d 89 (Tex. App.—Tyler 2017).
Recitals in a judgment are rebuttable if they conflict with the record. In re M&O Homebuilders, Inc., 516 S.W.3d 101 (Tex. App.—Houston [1st Dist.] 2017).
QUOTE OF THE MONTH
“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” —Theodore Roosevelt, April 23, 1910
LEGAL QUOTE OF THE MONTH
“Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than it be settled right. . . . The Court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.” —Justice Louis D. Brandeis
The Forest Park Zoo, now the Fort Worth Zoo, was founded in 1909 with one lion, two bear cubs, an alligator, a coyote, a peacock, and a few rabbits. g
▪ TCBA BULLETIN 9
Texas Lawyers for Texas Veterans
Tarrant County Chapter
n Friday, July 20, 2017, Texas Lawyers for Teas Veterans â€“ Tarrant County Chapter (TLTV) held its first legal clinic of the new bar year at the TCBA office. Appointments for 40 veterans were scheduled with volunteer attorneys covering topics such as consumer law, family law, probate, landlord/tenant, civil litigation, and VA benefits. The TLTV Committee would like to thank first-time volunteers Bonnie M.M. Link, Bryan May, Meg Smith, Austin Siewert, and Robyn Trosper for helping make the July clinic a success. The TLTV Committee would also like to welcome its newest committee member Ola Campbell, who plans to help with the TLTV Placement Subcommittee as well as contribute to the TLTV social media accounts. The September TLTV legal clinic will be held on Friday, September 15, 2017, at Tarrant County College, South Campus. If you would like to volunteer or sponsor the clinic, please contact Aleed J. Rivera at email@example.com or (817) 338-4092. g
â–Ş SEPTEMBER 2017
Support The Tarrant County Bar Foundation on North Texas Giving Day
AVE THE DATE for the ninth annual North Texas Giving Day on September 14, 2017. On September 14, individuals can support the Bar Foundation community and pro bono programs by visiting NorthTexasGivingDay.org and making a donation on the Tarrant County Bar Foundation’s profile page. Every gift of $25 or more will go further with more than $2.5 million dollars in bonus funds and prizes. Gifts made to the Tarrant County Bar Foundation on North Texas Giving Day will increase its ability to support community programs like LegalLine, the People’s Law School, and the Elder Law Handbook. Gifts will also allow
the Tarrant County Bar Foundation to continue to devote resources to the two pro bono programs supported by the Tarrant County Bar Association’s volunteers: Texas Lawyers for Texas Veterans–Tarrant County Chapter (TLTV) and Tarrant County Volunteer Attorney Services (TVAS). These programs provide legal education to the Tarrant County community and free legal resources to veterans and low-income residents in Tarrant County. Please share this giving opportunity among your colleagues, friends, and law firms. For more information, please contact Megan Cooley at firstname.lastname@example.org. g
Give to your favorite nonprofits through Give through NorthTexasGivingDay.org NorthTexasGivingDay.org on September 14 from 6am to on September 14 from 6am to midnight, and your midnight, and your donation will be multiplied! donation will be multiplied! *New for this year, donors can schedule their North Texas Giving Day gifts early. Simply go toNorthTexasGivingDay.org between September 7 and September 13, and you will be able to schedule your gift to the Bar Foundation!
by Perry Cockerell
Judge Russell Nelms
ankruptcy Judge Russell Nelms is entering his thirteenth year as a United States Bankruptcy Judge for the Northern District of Texas, Fort Worth Division. He was appointed in 2004 by the Fifth Circuit Court of Appeals after a second bankruptcy judgeship was created for the Fort Worth Division. Judge Nelms grew up in Sweetwater, Texas, where his father was a full-time employee of the National Guard and his mother was a medical secretary. Sweetwater was then and is today the home of the annual Rattlesnake Roundup. Because the roundup was initially held in the National Guard Armory, he ran the concession stand until his family moved to Roswell, New Mexico, in 1967. In 1971 he graduated from Robert H. Goddard High School. He then went to Texas Tech on an Army ROTC scholarship. In 1975 he received his B.A. with a major in history, and he received a commission in the Army. After graduation, Judge Nelms was accepted to Texas Tech School of Law and was placed on excess leave from the Army so that he could attend school. After law school he attended the Judge Advocate General’s school in Charlottesville, Virginia. His first duty assignment was at Fort Sill, Oklahoma, where he was a prosecutor for the next two years. In 1981 he was assigned to Fort Clayton, Panama, where he served as defense counsel and then chief of military justice for the 193rd Infantry Brigade. The brigade’s JAG office was the only one in Latin America, with jurisdiction over military crimes occurring from Mexico to Chile. As such, it was not uncommon for him to handle courts martial involving members from the other branches of the military service. While in the Army, he took the opportunity to travel not only throughout Panama, but to Brazil, Chile, Columbia, Argentina, Costa Rica, and Ecuador. He even met the president of Panama, Manuel Noriega, who was later imprisoned in the United States for drug trafficking. After leaving the Army in 1984, he joined Carrington, Coleman, Sloman & Blumenthal, LLP, where he practiced for twenty years as a litigator in bankruptcy courts. His last case was the Enron case where he represented Enron’s former president, Kenneth Lay. At issue
▪ SEPTEMBER 2017
was whether Enron’s directors’ and officers’ liability policy could be accessed to pay for Mr. Lay’s defense of numerous D&O claims. Several outside directors were also attempting to access the same policy for their defense costs. Judge Nelms learned that when representing someone in Mr. Lay’s position, sometimes the best thing a lawyer can do is to keep his mouth shut and let others carry the ball. In re Hardacre Judge Nelms’s first written opinion was In re Hardacre, 338 B.R. 718, 720 (Bankr. N.D. Tex. 2006). There he ruled that Chapter 13 debtors could not take double deductions of mortgage and car loan expenses in order to calculate projected disposable income under Chapter 13 plans. More importantly, he was the first to rule that the calculation of adjusted gross income was a forward-looking, not backward-looking, process. Years later, the same issue went to the United States Supreme Court, which ruled the same way that Judge Nelms did. In re Crosby Nat’l Golf Club, LLC Judge Nelms made national headlines in 2015 when he issued his opinion in In re Crosby Nat’l Golf Club, LLC, 534 B.R. 888, 894 (Bankr. N.D. Tex. 2015). There, in dicta, Judge Nelms addressed the issue of “remote venue filings” of bankruptcy cases. Noting that Radio Shack and Quicksilver Resources (both Fort Worth-based companies) filed for bankruptcy in Delaware, he expressed concern that such “remote filings” benefitted lawyers and lenders but made it difficult for small creditors to participate. “Some [of these cases] are filed with a goal of precluding easy access to the court by small creditors, especially if those creditors are soon-to-be former employees,” he wrote. He noted that Quicksilver’s president’s office was a two-minute walk from the bankruptcy court in Fort Worth. Texas Rangers Auction During the Texas Rangers bankruptcy case, Judge Michael Lynn appointed Judge Nelms to conduct an auction of the team. On the day of the auction, the stalkinghorse bidder (led by Nolan Ryan) argued that no auction should take place because the Mark Cuban group did not submit a qualifying bid. Ultimately, Judge Nelms overruled the objection and permitted the auction to go forward. The Ryan Group ended up the successful bidder, but only after increasing its bid by $100 million. Judge Nelms regards the day of the auction as the most interesting and exciting of his career in the law. Not only did it involve colorful sports figures and lawyers, but the courtroom was packed with Rangers fans. CONTINUED ON PAGE 21
TCBA has its own Wonder Women Lady Lawyers Written by: Norma A. Bazán
Carolina Ibarra sent out a distress signal from her bat-phone notifying me that the TCBA desperately needed attorney volunteers for the June 22nd LegalLine. I immediately leaped into action and sent out my own distress signal through Facebook. Because we have such awesome Tarrant County attorneys, my signal was seen and answered! On June 22nd, five dedicated female attorneys arrived at the Tarrant County Bar office to volunteer. It turned into a Lady Lawyer’s Legal Line Night! Between myself, Ola Campbell, Ami Decker, Cynthia Gustafson, Merrit Klapperich, and Lynn Rodriguez, we assisted 69 callers from the community. Two other Super-Ladies stepped up and assisted with legal line; one is Carolina Ibarra, who answered and routed all those calls, and the other is Carolina’s Mami (whose name is also Carolina Ibarra and who happened to be celebrating her 89th birthday that same day!), who made homemade enchiladas, rice, and potatoes just for Superhero Lady Lawyers.
TARRANT COUNTY probate bar association Presents The Nuts and Bolts of Probate Practice
All kidding aside, TCBA cannot exist without the dedicated volunteers who give their time in the evenings to assist the community. I hope that when you finish reading this article, you will contact Carolina at email@example.com and find some time to volunteer. LegalLine is conducted on the 2nd and 4th Thursdays of each month from 6:00 pm to 8:00 pm. Additionally, if you volunteer, your name will be placed in a quarterly drawing to win an amazing prize. This quarter’s winner is Lynn Rodriguez, one of our Superhero Lady Lawyers, who won a gift certificate to Del Frisco’s. g Norma A. Bazán is an Associate Attorney at The Law Office of Gary L. Nickelson. LegalLine is conducted on the 2nd and 4th Thursdays of each month from 6:00PM to 8:00PM. To volunteer, please contact carolina at firstname.lastname@example.org.
Law Offices of Jason Smith
Trials and Appeals Employment, Personal Injury, Insurance
Please Register At www.tcpba.com
FRIDAY, SEPTEMBER 15, 2017 FORT WORTH, TEXAS City Club Ballroom
Board Certified Civil Appellate Law
Jason Smith 817.334.0880 600 8th Aveue Fort Worth, TX 76104
Amerian Board of Trial Advocates
▪ TCBA BULLETIN 13
TLIExperience Because of our 37 years in the business, Texas Lawyers’ Insurance Exchange has been voted best professional liability insurance company in Texas five years in a row by Texas Lawyer magazine. That same experience and our exceptional employees are why TLIE is also a Preferred Provider of the State Bar of Texas. Not to mention, we have returned over $46,300,000 to our policyholders. See why experience makes the difference.
512.480.9074 / 1.800.252.9332 INFO@TLIE.ORG / WWW.TLIE.ORG
Mike Yarber, President
GRIEVANCE DEFENSE When your license, livelihood, and reputation are at stake
T I D
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 email@example.com. 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 Albert Roberts by email at mr.albert.roberts@ gmail.com. MABA (Mexican American Bar Association) Meets on the last Thursday of each month with location to be announced. 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 firstname.lastname@example.org. 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 email@example.com. Tarrant County Family Law Bar Association Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Norma Bazán, 817.735.4000 or firstname.lastname@example.org. 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 email@example.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.
GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204 214.484.4323 PHONE www.grievancedefensefortworth.com
▪ SEPTEMBER 2017
Tarrant County Young Lawyers Association The 2017-2018 new TCYLA Year began September 1, 2017. If you need an application or meeting information, call 817.338.4092, email firstname.lastname@example.org, or go to the website at tcyla.org. 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.
1:00 PM Shotgun Start • $150 per Golfer 4 Person Team Scramble. Register as a team or individually. Winning Team, Closest to the Pin, and Longest Drive SPONSORSHIPS Golf Hole Sponsorships are Tax Deductible and available for $450. Golf Hole Sponsorships benefit the Tarrant County Bar Foundation’s Fellowship program for local law students.
Your sponsorship will include a tee box sign, recognition in promotional materials, recognition at the awards ceremony and tournament, and $100 off 1 team entry. For more information, please contact email@example.com. 6600 Mira Vista Blvd, Fort Worth, TX 76132 www.miravistacountryclub.com
Banquet Sponsorships are available for $550.
Entry Form Players: 1.
Please submit the entry form with your check made payable to: TCYLA 1315 Calhoun Street Fort Worth, TX 76102
Golfers: x $150 = Apply Sponsor Discount ($100)
Separate $450 Check to TCBF Enclosed You may also fax your form to 817-335-9238 or email it to firstname.lastname@example.org. Total Amount Paid Contact Clark Rucker at email@example.com for further questions.
▪ TCBA BULLETIN 15
The Catholic Diocese of Fort Worth
Red Mass September 28, 2017
The Red Mass Committee of Fort Worth, Texas, cordially invites all attorneys, judges, public officials, and their families and staffs to attend the Fort Worth Red Mass on Thursday, September 28, 2017, at 6:00 p.m. at Saint Patrick Cathedral in downtown Fort Worth.
The Red Mass is an ancient tradition of the Church and Bar and is offered to invoke divine guidance and strength through the coming judicial term. A reception will immediately follow Mass at the Saint Patrick Parish Center adjacent to the Cathedral. This year's guest speaker is the Most Reverend William Lori, Archbishop of the Catholic Archdiocese of Baltimore. Heavy hors d'oeuvres and beverages will be served at the reception. There is no cost to attend the Mass or the reception, but we gratefully accept donations to underwrite the event. To RSVP, learn more about the Red Mass, or make a donation, please visit www.FortWorthRedMass.org, email firstname.lastname@example.org, or call 817.382.7465.
â–Ş SEPTEMBER 2017
Lawyer Referral & Information Service
he Lawyer Referral Service began July 1 for 20172018. If you have not yet returned your LRIS renewal application, you are no longer receiving referrals. Please contact the LRIS at 817.338.4092 or carolina@tarrantbar. org to verify that we have received your renewal. You can also visit our website at www.tarrantbar.org to download a LRIS Application. Thank you to all past and present LRIS members for your continued support to the program, which has grown every year since its inception. The program's continued growth would not be possible wwithout our members! Here is looking forward to what the 2017-2018 Bar Year brings! Also, a big thank you to the LRIS staff, Carolina Ibarra and Brittany Gilbert, for all of their hard work and dedication to making this department run as smoothly as it does! g
TARRANT COUNTY BAR ASSOCIATION PRESENTS Brown Bag
ETHICS STAYING OUT OF HOT WATER SEPTEMBER 29, 2017
Join us for ETHICS CLE credit at Tarrant County Bar Association Office, 1315 Calhoun Street, Fort Worth Moderator: Scott Lindsey, Gardner & Smith, PLLC
Grievances: The Process, Common Rules Violated, and What To Do When Grieved Tonya Harlan, Regional Counsel, State Bar of Texas
Advertising Rules: My Experience and What I Have Learned Bryan Wilson, The Texas Law Hawk
Top 10 Ways to Avoid Malpractice Claims Kelli Hinson, Carrington Coleman
Ethics in Litigation Finance Joseph D. Cheavens and Emily Slater, Burford Capital
3 hours of CLE ETHICS credit requested (This program will be videoed for showing throughout the year.) ----------------------------------------------------------------------------------------------------------Brown Bag Registration: September 29, 2017
_____ $70 TCBA Member
_____ $95 non-TCBA Member
_____ Brown Bag Season Pass Holder
_____ $35 TCBA Member Staff
_____ $12 for a boxed lunch
Add $5 if registering after September 27 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 call Sherry Jones at 817-338-4092 (Fax: 817-335-9238). Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check
_______ Check Number
_____ Am Ex
Credit Card Number ________________________________________________ Expiration ______________________ Name on Card _____________________________________________________ Security Code ___________________
â–ª TCBA BULLETIN 17
Texas County Volunteer Attorney Services
TVAS Volunteer Katrina Lea Receives State Bar of Texas - Paralegal Division's 2016/2017 Exceptional Pro Bono Service Award
uring the 2017 Annual Meeting, Katrina Lea, a long time TVAS volunteer received the State Bar of Texas – Paralegal Division’s Exceptional Pro Bono Service Award. Katrina is a paralegal with BNSF Railway. She is also the 2017 – President & Chair, J.L. Turner Legal Assoc. – Paralegal Section and the 2016 & 2017 – Ethics Chair, Fort Worth Paralegal Association. Additionally, Katrina has been a long time Pro Bono volunteer with Legal Aid of Northwest Texas; State Bar of Texas – Paralegal Division; Fort Worth Paralegal Association and Tarrant Volunteer Attorney Services (TVAS). Katrina uses her legal skills, knowledge, education and experience to help provide pro bono services to our community. Katrina is one of the few “go to” people that is always willing to volunteer for a Pro Bono project, and she does it with a smile on her face that reflects that she really and truly cares about people.
Katrina was previously honored as The Tarrant County Bar Foundation’s 2015 TVAS Volunteer Paralegal of the Year; The Fort Worth Paralegal Association’s 2013 Paralegal of the Year; and the Fort Worth Paralegal Association’s 2016 Volunteer of the year. g
Proud Member Benefit Provider
THE EXPERTS IN LEGAL PAYMENTS The proven payment solution for lawyers. Managing payments and growing revenue for over 40,000 law firms in the United States, LawPay is the only payment solution offered as a member benefit through the
Trust Account Compliant
ABA Advantage program. Developed specifically for law firms, LawPay guarantees complete separation of earned and unearned fees, giving you the confidence and peace of mind that your credit card transactions are handled the right way.
LawPay.com/TCBA | 877.388.0605 LawPay is a registered ISO of Merrick Bank, South Jordan UT
▪ TCBA BULLETIN 19
Why 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:
BENEFITS OF MEMBERSHIP
The TCBA has eighteen Substantive Law Sections offering CLE and networking with members interested in the same areas of law.
The 2017-2018 TCBA Bar year has begun!
Reduced rates on CLE (Brown Bags, Luncheons, Section Meetings, Last Tuesday CLE).
Community Service Opportunities through the Foundation: LegalLine, Texas Lawyers for Texas Veterans-Tarrant County Chapter, Tarrant County Volunteer Attorney Services; and through community service committees: Peopleâ€™s Law School, Annual Food Drive, Blood Drive, Elder Law Committee, and others.
Monthly Bar Bulletin (by email or mail) and updates on upcoming events by e-mail.
Free CLE and professional seminars.
Mentoring or being mentored through the Transition to Practice program.
Reduced rates on room rental at the TCBA Bar Center.
Reduced rates on office supplies, UPS, shredding documents, the Fort Worth Zoo, and more.
The professional 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 Lauren at the bar office at 817.338.4092 or by email at email@example.com.
he 2017-2018 TCBA Bar year has begun. Membership renewals are coming in and we appreciate each and every one of you! The Transition to Practice Committee is planning a series of free CLE programs throughout this new bar year for all TCBA members. The first CLE/luncheon is scheduled for September 6th from 11:30-1:00PM with the topic, “Family, Criminal, and Bankruptcy: What Every Lawyer
Should Know.” 1.5 CLE hours has been requested, and lunch is generously sponsored by The Medlin Law Firm. If you are a new attorney, the Transition to Practice Committee can also put you in touch with a mentor attorney at your request. If you have any questions regarding your membership, please contact Lauren at the bar office or e-mail her at firstname.lastname@example.org. g
We would like to take this time to welcome the new members of the TCBA: ATTORNEYS Linda Aguilera Christopher Baker Heather Banahan Nease Charles E. Beachley III Theresa A. Blake Deborah Boone McKenzie Kate Cassidy Linda Castillo Winfree M. Courtney John Emslie Deanna Franzen Andrew Emerson Glaze Ryan Paul Griffin Charles R. Hairston Christopher P. Hamm Thomas R. Hansen Hunter Harvison Alma Hernandez
Clifford Chad Henson Conrad W. John Jonathan David Jordan Matthew C. Juren Kristina Kastl Deborah A. Krane Jessica Kulkarni LaVern D. Richards, Jr. Tricia Lee Seth Duran McCloskey Zena McNulty John Murphy Mark Norton Jeremy Page Brian Poe Gordie D. Puckett Kylie Rahl Mia Rainey A. Chris Rodriguez
Joshua Smentek Cindy Stormer Jim Trimble Lori Varnell Anthony Michael Vecchione Joseph Daniel Vrechek Benjamin Wallen Elle W. Whitaker Andrew S. Willard Glen W. Wood Kristen M. Zahnow
STUDENTS Gregory Hubbard Raphael Johnson Victoria Lalande Erica Mahoney Maria Alejandra Zavala
Judge Nelms believes that in order to succeed in the courtroom, there is no substitute for hard work. Having spent his career in the courtroom, he knows how much time it takes for lawyers to “make it look to be easy.” “Thorough preparation really shows itself in the courtroom, and when it does it makes my job easier and more enjoyable,” he says. While Judge Nelms plans to retire in November 2018, he looks forward to continuing to work with the local bar to meet the needs of worthy clients. g
Stacy Alvarez Aaron Ballard Michael B. Benedict Rose Bradshaw Rebecca Cervantes Judge Sergio L. DeLeon Jessica Escobar Mindy Flores Anna Hardy Cindy Hanes Melinda Jones Sarah McDonald Suzann Ross
CONTINUED FROM PAGE 12 Judge Nelms relaxed the rules of courtroom decorum and permitted fans to order pizzas and eat them in the courtroom. It was a carnival atmosphere punctuated by high drama that lasted past midnight. No Substitute for Hard Work
Robert L. Crill
obert L. Crill, beloved husband, father, brother and grandfather, passed away peacefully in his Trophy Club home on Tuesday, August 8, 2017. "Bob" as he was known by many was a well-respected attorney and member of the Dallas Bar Association, State Bar of Texas, Tarrant County Bar Association and the Texas Bar Association. SURVIVORS: He is survived by his wife, Brenda; his sons, Matthew, Timothy and Adam; his step-daughter, Lanisha Lee; nine (9) grandchildren; his brother, Randy and his wife, Connie; and many business associates and friends.
Published in the Star-Telegram on August 13, 2017 SEPTEMBER 2017
▪ TCBA BULLETIN 21
Steve Laird is one of the Top 100 Lawyers in Texas* Thereâ€™s a Reason
It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2016) - Thomson Reuters
We're excited to welcome Seth McCloskey to the firm!
O ffi ces
S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
. . . And now a Word From Our Sections
ow that Summer is winding down, several of the sections are making plans to get things rolling. The Solo & Small Firms Section has a new chair with some new and different ideas. For starters, there will be CLE luncheons on September 19, October 10 and November 28. Also scheduled is a Section Gathering to be held at Joe T. Garcia’s on Saturday, November 11 at 5pm. Other sections also have plans in the works – Tax & Estate Planning is doing their Cannon Financial Teleconferences. Fort Worth Business & Estate will kick off their September program with the Mike Bourland Panel. The ADR and Labor & Employment Law Sections are having a joint luncheon. The Real Estate Law Section is beginning their regular schedule of meeting on the third Tuesday of the odd numbered months. The Collaborative Law and Corporate Counsel Sections also have luncheons planned for this month. Mark your calendars for these dates and keep your eyes and ears open for more information. g Sherry Jones Associate Executive Director
BENCH BAR CONFERENCE XXV
Save the Date APRIL
HORSESHOE BAY RESORT
▪ TCBA BULLETIN 23
It's All Happening Around the Bar CYLA T / e c i t c a on to Pr Transiti appy Hour H
Hotter than July
Section n io Orientat
Committee Chair Orientation
Lawyers on the Move & Angela R. Hoyt, previously a partner with Cotten Schmidt & Abbott, LLP in Fort Worth, Texas is now Director of Human Resources & Labor Relations at Cabrillo College in Aptos, CA, 6500 Soquel Drive, Aptos, CA 95003. Ms. Hoyt is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization and is licensed to practice law in both Texas and California. The William “Mac” Taylor Inn of Court has elected Chad Ruback as its Secretary-Treasurer. He can be reached by phone at 214.522.4243 or by email at email@example.com.
in the News
ruptcy and Restructuring practice group effective October 1. The firm's Bankruptcy and Restructuring Practice Group includes attorneys from coast to coast and across the entire nation. Katie Copeland formerly a partner with Naman, Howell, Smith & Lee, PLLC in Fort Worth, Texas has joined Cantey Hanger LLP. Ms. Copeland focuses her practice on family law, mediation, health law and litigation. She can be reached by phone at 817.877.2802 or by email at firstname.lastname@example.org. g
John D. Penn, a partner in the Dallas and New York offices of Perkins Coie LLP was named as the Chair of the firm's Bank-
If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you. Please submit information by email to Elizabeth at email@example.com.
Member Benefits Vendor List
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
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 firstname.lastname@example.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 email@example.com. 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
▪ TCBA BULLETIN 25
PRESORTED Bar Bulletin ▪ September 2017 STANDARD Tarrant County Bar Association U. S. POSTAGE PAID 1315 Calhoun Street FORT WORTH, TX Fort Worth, TX 76102-6504 ADDRESS SERVICE REQUESTED PERMIT 1807
✯ YOUR ✯
If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, fax to 817.335.9238 or email to firstname.lastname@example.org.
CONNECTED Honoring your clients, as well as your referral fee.
efer your personal injury clients to us and we’ll fight for them with passion, integrity and grit – and pay you a referral fee, to boot. We do our clients justice and we’ll do the same for yours by marshaling our resources and securing results that truly make a difference.
Call us today
CONTINGENT-FEE LITIGATION REFERRAL FEES HONORED Jason Stephens is licensed in Texas and Oklahoma. Seth Anderson is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. John Cummings is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and in Civil Trial Law by the National Board of Trial Advocacy.
Tarrant County Bar Association - Fort Worth Tarrant County Volunteer Attorney Services Texas Lawyers for Texas Veterans - Tarrant County Chapter
Classified Advertising NOTICE
Classified Ads no longer appear in the Bulletin. They can be found on our website at www.tarrantbar.org.