Tarrant County Bar Association Bar Bulletin (September/October 2023)

PRESIDENT'S PAGE

Ihope everyone had an enjoyable summer and is gearing up for a promising fall season! My family and I had a memorable summer with an extended visit to Singapore as we helped our oldest move there after his graduation from TCU to begin his first job. Soon after, our household buzzed with the anticipation of the new academic year for our two remaining kids in high school.

The TCBA kicked off this fall by welcoming Texas A&M’s first-year law students as we hosted a meet-and-greet at the TCBA office. Although it was my first time attending this annual event, I thoroughly enjoyed meeting fresh faces and welcoming them into our profession. A special thank you to Judge Don Cosby, Judge Jeff Kaitcer, and Judge Don Pierson, along with many other TCBA members who helped welcome a group of about 130 first-year law students. Conversations spanned across a myriad of topics, ranging from motivations behind choosing law to dreaded classroom experiences. What resonated most with me was the enthusiasm the students held for law as a career. Many, although from different regions of the country or even globally, expressed appreciation for TCBA’s efforts to preserve our tight-knit legal community, even as we grow in number. My own journey to the legal profession and my choice to practice in Tarrant County was, in large part, motivated by this same reason.

We had a number of member networking events this summer, including our Docket Call at Joe T. Garcia’s, which had a great turnout. A word of thanks to Judge Robb Catalano who, along with a team of Assistant DA’s, ensured that the Tarrant County District Attorney’s office was well represented! I also had the chance to attend the TMCP Save-the-Date Reception where we filled up the entire upstairs lounge and rooftop at Tinies. These were great opportunities to meet new faces and reunite with old colleagues.

On a more serious note, Judge Reed O’Connor recently moderated an eye-opening discussion with Judge Hamid, who is currently a Texas A&M School of Law Visiting Scholar from Afghanistan, where she served on the Counter-Narcotics Justice Center Court. As a result of her service, Judge Hamid was forced to flee Afghanistan after the Taliban takeover in 2021. The conversation discussed establishing the rule of law, women’s education and the time she has spent dedicated to public service. Some of those who attended this program

commented that Judge Hamid’s experience not only demonstrated her dedication to the rule of law, but it also underscored the essential role that we, as judges and lawyers in America, have in preserving our rule of law.

In addition to a host of CLE and professional development programs this fall, I am happy to report that we also have some fun-filled events planned for our members and their families. This year’s Boo at the Bar will take place on Friday, October 27, from 4:30 p.m. to 6 p.m. Please bring your children or grandchildren for a fun trick or treating experience with our Tarrant County Judges. In the spirit of giving, this event doubles as a donation drive for Tarrant County’s National Adoption Day. Please consider bringing a book or a stuffed toy to donate to children who will be marking their official Adoption Day this year.

Mark your calendars for the TCBF’s Fall Carnival this November 5 at River Ranch Stockyards. There will be plenty of games and festivities for the whole family! And for a fun twist, you can try dunking a judge to raise funds benefiting the Tarrant County Bar Foundation’s Community Service and Pro Bono programs. Generously, the following judges have already agreed to participate for this charitable cause: Judge Josh Burgess, Judge Brad Clark, Judge David Cook, Judge Don Cosby, Judge Jeffrey Cureton, Judge Pat Gallagher, Judge Ruben Gonzalez, Judge Jeff Kaitcer, Judge Chris Taylor, and Judge Melody Wilkinson.

For a comprehensive list of our upcoming CLE and professional development events this fall, please visit the TCBA’s official event calendar at www.tarrantbar.org. As you can see, our Bar remains vibrantly active! Please join us at these fall events as we create opportunities for members to network, forge new friendships, and enhance professional development. If you would like to volunteer for any of the upcoming events or would like to find out which committees are in need of help, please reach out to me or any of our Board members or the Bar staff at kayla@tarrantbar.org. g

LU PHAM

2023-2024 TCBA President

Tarrant County Bar Association

1315 Calhoun Street

Fort Worth, TX 76102 817.338.4092 ▪ www.tarrantbar.org

2023-2024 Officers

President Lu Pham

President-Elect........................................Scott Lindsey

Vice President Marvina Robinson

Secretary-Treasurer John Brookman

Directors (Term Ends 2024)

Director......................................................Bryan Bruner

Director Lyndsay Newell

Director..................................................Angel Williams

Directors (Term Ends 2025)

Director Robert Blankenship

Director......................................................Joe Cleveland

Director Bill Ray

2023-2024 Appointed Directors

Appointed Director.........................Antoinette Bone

Appointed Director J. B. Strong

Tarrant

Fall 2023 President........................Elizabeth Haslam

Fall 2023 President-Elect....................Ola Campbell

State Bar of Texas Ex Officio Members

Director (Term Ends 2024).........Kimberly Naylor

Director (Term Ends 2025) Jeff Cochran

Bar Bulletin

Graphics/Production Elizabeth Banda

The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to elizabeth@tarrantbar.org.

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.

County Young Lawyers Association

Members of the 2023-2024 100 Club

*List Reflected Below is as of October 1, 2023

Adams, Lynch & Loftin, P.C

Anderson & Cummings, LLP

Baker Monroe, PLLC

Barlow Garsek & Simon, LLP

Blaies & Hightower, LLP

Bonds Ellis Eppich Schafer Jones, LLP

Bourland, Wall & Wenzel, P.C.

Brackett & Ellis, P.C.

Cook Children’s Health Care System – Legal Department

Decker Jones, P.C.

Dismuke & Waters, P.C.

Forshey & Prostok, LLP

Freeman Mills P.C.

Friedman, Suder & Cooke

Griffith, Jay, & Michel, LLP

Harris, Finley & Bogle, P.C.

Harrison Steck, P.C.

Haynes and Boone, LLP

Holland Johns & Penny LLP

Jackson Walker

K & L Gates LLP

Kelly Hart & Hallman LLP

Linebarger Goggan Blair & Sampson, LLP

McDonald Sanders, P.C

Naman Howell Smith & Lee, PLLC

Noteboom Law Firm

Pham Harrison, LLP

Ross & Matthews P.C.

Second Court Of Appeals

Taylor, Olson, Adkins, Sralla & Elam, LLP

The Blum Firm, P.C.

The Colaneri Firm, P.C.

Udeshi Law Firm, PLLC

Underwood Law Firm, PLLC

Watson, Caraway, Midkiff & Luningham, LLP

Whitaker Chalk Swindle & Schwartz PLLC

Wick Phillips

Winstead PC

To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department with four or more members must attain 100% TCBA membership compliance for the 2023-2024 bar year. This qualifies them 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/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA takes pride in 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, please contact our Membership Director, Lauren St. Clair, at 817.338.4092 or email her at laurensc@tarrantbar.org.

YLA SNAPSHOT

ELIZABETH HASLAM 2023-2024 TCYLA President

new bar year has begun and we are already off to a racing start! TCYLA welcomes our new board members this year including Paul Farmer, Erika Flores, Stefan Garcia, Kelsey Linendoll, Scott Prescher, Marylynn Smitherman, and Madison Abatti. We are also welcoming back Joseph Austin, Sarah Brown, Emily Steppick, and Sara Vargas. Ola Campbell is our President-Elect, John Easter is our Secretary/Treasurer, and I am privileged to be entrusted as this year’s TCYLA President.

TCYLA had an excellent summer with our first ever Order on the Court Pickleball Tournament, a joint happy hour with the Dallas Association of Young Lawyers cheering on our Texas Rangers, the Softball Team won their 5th straight championship, and Sara Vargas won LCDLA’s Young Trailblazer Award.

ORDER ON THE COURT: PICKLEBALL TOURNAMENT

Tarrant County Criminal District Attorney’s Office Team #2, captained by Judge Robb Catalano, served straight justice to take home the trophy after beating out Magnolia Title #2 in double elimination. Harrison Smith spearheaded this event which will fund our Mentorship Project. Our many thanks to Varghese Summersett, Magnolia Title, and all of the participating teams who helped to ensure Order on the Court was a success. We could not have done this without you!

FALL FETE

We kicked off our new year with our annual Fall Fete membership drive on September 21 at the Flying Saucer. This year featured a live 90s cover band, One Headlight. Thank you to our sponsors and the Tarrant County Judiciary for their continued support making this event possible!

HAPPY HOUR

We are looking forward to a joint mixer with L. Clifford

ADavis Legal Association at The Modern on October 27 with a docent-guided tour of the Jammie Holmes: Make the Revolution Irresistible exhibition.

WHAT TO EXPECT

This year, TCYLA is focused on continuing to serve our membership and Tarrant County community to the best of our ability. We plan to accomplish this by launching a Mentorship Program, focusing on Diversity and Inclusion, providing valuable CLEs, monthly Happy Hours, familyfriendly membership events, and volunteer opportunities. Information about our events and opportunities can be found on Instagram (@TarrantYoungLawyers), Facebook, Twitter, TCYLA.org, and our award-winning monthly newsletter. g

RISK-TAKING CAN BE FUN...

Diamond

Blaies & Hightower, LLP

Gold

Allen & Weaver, P.C.

Harris, Finley & Bogle, P.C.

McDonald Sanders, P.C.

Padfield & Stout, LLP

Slack Davis Sanger LLP

Texas A&M School of Law

Silver

Anderson & Riddle, LLP

Dawn King Law Group

Haynes and Boone, LLP

Law Offices of Jason Smith

Martin Lawyers

Pham Harrison, LLP

Walters Law Office, PLLC

Bronze

Lankford Law Firm

Law Office of Christina Mazurek, PLLC

Robert L. Henry, Attorney at Law, P.C.

The Lark Law Firm, PLLC

Veritext Legal Solutions

In-Kind

Falcon Document Solutions

Live Music Provided By One Headlight

Band Sponsored By The Haslam Firm

…BUT NOT WHEN IT’S A MALPRACTICE CLAIM.

Family Law Claim*

• Lawyer sued for losing a child custody case due to alleged inadequate discovery and representation at trial

• Damages of up to $500,000 alleged

• TLIE successfully defended lawyer at trial

INSURED BY TLIE Total out-of-pocket = $0

IF NOT INSURED

* Based on actual claim handled by TLIE.

FIND OUT MORE: TLIE.ORG or (512) 480-9074

LegalLine

2023 Pro Bono Award Spotlight John Barnes LEGALLINE ROOKIE OF THE YEAR

John L. Barnes is an estate planning and probate attorney. Prior to moving his practice to his hometown of Fort Worth, he was a professor at South Texas College of Law from 1995 to 2002, where he taught appellate advocacy, legal research, advanced legal writing, and maritime law. While in Houston, John had a civil appellate practice. He has spoken on practical writing for the State Bar of Texas at its Practical Lawyering programs. John received his Doctor of Jurisprudence from the University of Houston Law Center, his Master of Science from Oklahoma State University, and his Bachelor of Arts from the University of North Texas. g

By Sarah Hall Hoffman, Pro Bono Programs Director

Do you have 2 hours that you can commit on a Thursday night to assist those that need legal advice in your area of expertise?

LegalLine needs attorneys in all areas of law. We are trying to expand the number of people we can help, but we need more volunteers! When you volunteer for LegalLine, you get to work out of the comfort of your own home or office and speak with people needing assistance in your practice area.

Upcoming Remote LegalLine Volunteer Dates

• Thursday, October 12, 5 PM - 7PM

• Thursday, October 27, 5 PM - 7PM

• Thursday, November 9, 5 PM - 7PM

• Thursday, December 14, 5 PM - 7PM

BillGreenhill is counsel at Haynes and Boone, LLP where he advises corporate decision makers, in-house counsel, and financial industry executives on structuring complicated corporate and financial transactions to promote their business objectives. His clients include established public and private corporations involved in debt, equity, and merger and acquisition transactions; financial institutions involved in structured financings; start-up companies whose goal is either to “go public” or to build up their business to become attractive for purchase; and businesses, including underwriters, borrowers, collateral agents, and trustees involved in sophisticated taxable and tax exempt municipal bond transactions.

During the course of his 50+ years of practice, Bill has also assisted large corporation, start-ups and emerging businesses in navigating the securities/capital markets and the complex laws which regulate them. Bill also advises clients who deal with land use regulation and zoning issues on a state-wide basis. Bill earned his Juris Doctor from The University of Texas in 1972.

. . . AND NOW A WORD FROM OUR SECTIONS

Take Advantage of Your Sections' CLE Courses

Fall is quickly upon us and hopefully, we are about to get a break from the never-ending heat of the summer. What a great time to get out to start taking advantage of the CLE courses that your sections are hosting. Be sure to check your section calendars or the TCBA calendar for some of the

great upcoming events. It is a nice time to visit with fellow colleagues and hear some interesting speakers, not to mention taking advantage of the CLE course credits. We look forward to seeing you there! g

Welcome

New Members of the

LAWYERS ON THE MOVE &

TCBA: in the News

ATTORNEYS

Eric Bales

Matthew Cacace

Lorein Campbell

Lyndsey Cheek

Salam David

Riley Donovan

Michael Farmer

Jonah Fritz

Laura Ganoza

Kayla Hackerott

Eric Haitz

Katherine Hart

Sneed

Tracey Justice

John Kirby

Robert Lydick

Evan Malloy

Nathan McCune

Travis McNellie

Constance Mims

Ricky Mitchell

Colin Murchison

Daeja Pemberton

Sarah Perna

Lisa Peterson

Tom Quinones

Sierra Quinonez

Rachel Skinner Fernandez

Donald Teller

Sara Thornton

Stefanie Toppel

Michael Vecchio

Benjamin Warden

Chelsea Wood

Holly Youngblood

Paul Youngblood

Yadira Zepeda

ASSOCIATE

Ashley Bayless

Wendy Gilbert

Joe McMahon

Inyeda White

JUDICIARY

Judge Don Eller

LEGAL STAFF

Kara McLeroy

Shannon Stroik

FACULTY

Susan Fortney

Huyen Pham

Peter Reilly

Geffrey W. Anderson, of Anderson & Riddle LLP, has been elected 2023-2024 Chair of the Texas Bar Foundation Board of Trustees.

Geffrey W. Anderson is an accomplished trial lawyer with substantial experience in trials and appeals in the state and federal courts of Texas. His practice includes complex commercial litigation, product liability, aviation as well as catastrophic personal injury and death cases, representing both plaintiffs and defendants.

Mr. Anderson founded the Fort Worth based law firm now known as Anderson & Riddle, L.L.P. in 1997. Since that time, he has been recognized by Texas Monthly Magazine as a Rising Star and now a Super Lawyer for the last eleven years. Additionally, since 2010 he has been recognized as one of the Top Attorneys by the Fort Worth Magazine. Possibly his highest honor was when he was asked to serve as a Special Deputy Prosecutor in a murder trial by the Tarrant County District Attorney.

On the local level, Mr. Anderson has served the Tarrant County Bar Association as a committee chair and as a Director from 2014-2016. On the state level, he has served as an officer in the aviation section, and a member of the insurance, appellate, and consumer law sections. He is also a member of the Dallas Bar Association, the Defense Research Institute, the Claims and Litigation Management Alliance, the Texas Association of Defense Counsel, the Helicopter Association International, and the National Agricultural Aviation Association.

Mr. Anderson previously served as Nominating Chair for District 7 prior to his election as Chair of the Texas Bar Foundation’s Board of Trustees.

Four of The Blum Firm, P.C.’s attorneys have been selected by their peers for inclusion in the 30th edition of The Best Lawyers in America®– Marvin Blum, David Bakutis, Keith Morris, and Austin Light. Marvin E. Blum founded The Blum Firm over 40 years ago and has broad industry experience in estate and tax planning, asset protection, business planning, business succession planning, charitable planning, and family legacy planning. This is Marvin’s ninth year being selected for inclusion in The Best Lawyers in America for his work in Trusts and Estates Law.

David C. Bakutis is widely recognized as a leading fiduciary litigator in the Dallas/Fort Worth metroplex. David has consistently been recognized as among the Best Lawyers every year since 2006 in Trusts and Estates Law.

R. Keith Morris, III is a leading probate and guardianship litigation attorney, practicing across Texas including the Houston and Dallas/Fort Worth areas. This is Keith’s third year being recognized for his work in Trusts and Estates Litigation.

Austin B. Light was selected for the second year in a row for inclusion in Best Lawyers: Ones to Watch® in America in the areas of Corporate Governance and Compliance Law and Mergers and Acquisitions Law. Austin is experienced in advising clients on a variety of compensation-related plans as well as compensation and employee-related aspects of public and private transactions, including mergers, equity and asset acquisitions, restructurings, and private equity transactions, in addition to estate and tax planning.

If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we’d like to hear from you! Please submit information by email to Elizabeth Banda, Communications Director, at elizabeth@tarrantbar.org.

Marvin E. Blum

R. Keith Morris, III

Austin B. Light

Geffrey W. Anderson David C. Bakutis

Bobbie J. Edmonds , of Law Offices of Bobbie Edmonds , received the 2023 National Bar Association Women Lawyers Division’s Hidden Figure Award at the 98th Annual National Bar Association Convention held in Minneapolis on August 1, 2023.

The Hidden Figure Award recognizes a woman lawyer who may be described as a hidden figure because of her significant contributions to the legal profession that may not be widely known. This award is part of the WLD’s Annual Achievement Awards, which honor the achievements of outstanding women lawyers and jurists from across the United States.

Established in 1972, the WLD serves as a vehicle for women in the practice of law to address the issues and problems that particularly affect, interest, and concern African American women. The National Bar Association was founded in 1925 and is the nation's oldest and largest national network of predominantly African American attorneys and judges.

Author,

Edmonds and Publisher Louie

II along with the Honorable Retired Judge L.

Davis announced the release and availability of the youth and family-focused book, “I Want to Be Like Him”, a look back through the history of Judge Davis’ life and his aspirations for today’s youth and families. The book chronicles the life of Judge Davis from his birth in 1924 in Wilton, Arkansas, to him making his mark on American history.

BOOK PURCHASE

“I Want to Be Like Him” is available for purchase at The Dock Bookshop, where books are sold and Amazon.com.) g

A dvertise

in TCBA’s Bar Bulletin

The Tarrant County Bar Association’s award winning* Bar Bulletin is a multi-faceted journal that is published six times a year for the TCBA’s members. It includes substantive articles, as well as information about membership events and activities. The Bar Bulletin is distributed digitally and by hard copy to the TCBA’s membership. Each issue reaches an average of 2500 readers through email and social media. It is available online on the TCBA’s website.

BEST OVERALL NEWSLETTER

Advertising rates vary, depending on the size and frequency. Rates are available by contacting Elizabeth Banda, Communications Director at elizabeth@tarrantbar.org.

*TCBA’s Bar Bulletin received the 2018, 2019, 2022, and 2023 Division III “Stars of Texas Bars Award for Best Overall Newsletter” from the State Bar of Texas.

Ms. Bobbie Jean

T. McClain

Clifford

Sarah Abouelseoud

Logan Allen

Kasey Andrews

Ayeisha Bailey

Austin Biehle

Joanne Biju

Jaeger Blair

Madeline Brown

Naomi Brown

Phuong Bui

Eunice Callejas

Solano

Riya Chakraborty

Grace Chapman

Brooke Collishaw

Brooke Conklin

Logan Connealy

Zachary Cunyus

Crafton Deal

Tate Fehr

JC Freeman

Nicholas Ganter

Rene Garces

Anna Garrison

Welcome 1L Students

Dina Girmay

Shannon Gotham Bowers

Celeste Green

Krystle Hall

Dane Hansen

Sarah Hatcher

Laura Hempelmann

Blake Hennesay

Zaki Hussain

Hanna Judycki

Mourad Khalil

Alexis King

Reagen LaBarr

Joshua Lehrer

Kaitlyn Lovingfoss

Alison Maguire

Audrey Moore

Claire Nelson

Gerron Niemann

Brooklynn Petty

Diego Rey

Evan Schoop

Matthew Schultz

Sydney Senter

Matthew Simmons

Holly Sims

Tim Stafford

Shersty Stanton

Savannah Stassi

Kaitlyn Stegner

Kaleb Strawhecker

Hannah Tillinger

Yesica Tovar

Caroline Ulanoski

Abigail Van Zile

Hannah Vandermeer

Kyla Vogel

Tripper Warlick

Amari Wilson

Richard Wood

Jacob Young

Xixi Zheng

By Lauren St. Clair, Membership Director

Renew Your Membership & Get Involved Today!

There’s still time to renew your TCBA membership and take advantage of the various member benefits the TCBA has to offer. The new bar year began on July 1 and your TCBA section and committee chairs have been hard at work planning upcoming events and seminars for the program year. As committees and sections are busy planning, now is the best time to get involved with the TCBA. Between the TCBA’s 18 substantive law sections and over a dozen TCBA committees, there’s a place for you to get plugged in. To join a section or committee, simply login to your MyTCBA portal and update your subscriptions. If you have any questions about joining a TCBA section or committee, please feel free to contact me at laurensc@tarrantbar.org.

In August, the TCBA welcomed the Texas A&M School of Law 1L students as well as Tarrant County judges and attorneys with a meet-and-greet luncheon event, celebrated

the outstanding court staff of Tarrant County with an awards reception at the City Club, and partnered with the Tarrant County Family Law Bar Association for a Docket Call Social at Joe T. Garcia’s.

The TCBA kicked off October with its Member Appreciation Week featuring multiple free events as well as networking and CLE opportunities. We hope to see you at one of our upcoming events and be sure to renew your TCBA membership if you have not already! Don’t forget—TCBA members have access to free and reduced-rate CLE, 24/7 access to our CLE On Demand catalogue, exclusive networking opportunities, and legal news and updates through weekly emails and the Bar Bulletin. If you are unsure of your current membership status, please send me an email at laurensc@tarrantbar.org and I would be happy to help. g

AND NOW A WORD FROM OUR SECTIONS

By James Ravsten, Tax and Estate Planning Chair Sawyer Law Firm, PLLC

Charting a Bright Future: Tax and Estate Planning Section

We are excited to begin the new 2023-2024 term for the Tax and Estate Planning Section! I am serving as the Section Chairperson. Mark Maples is serving as the Section Vice Chairperson, and Robert Fitzgerald is serving as the Section Secretary/Treasurer. We are thankful for and would like to recognize the service and leadership of Kathy Roux, the outgoing Section Chairperson for the 20222023 term.

The Section meets each month in-person for lunch at City Club and to hear the monthly presentation from Cannon Estate Planning Teleconference Series. The in-person monthly meetings strengthen the Section and its members by attending, socializing, networking, and earning CLE credits.

Our upcoming meeting are Tuesdays, October 24, 2023, and November 14, 2023, at City Club. We would love to see you there. Please contact Tracy Card via e-mail at tracy@tarrantbar.org to receive the link to register for the events.

The Section’s purposes are:

1. To improve communication and the practice of law in Tarrant County in the areas of tax and estate planning;

2. To develop a forum for discussion of tax law and estate planning among lawyers;

3. To inform non-Section members of the Tarrant County Bar Association about tax-related topics of interest through the sponsoring of seminars and the use of other methods; and

4. To develop a forum at which tax and estate planning specialists may speak in Tarrant County.

The Section achieved the following during the prior 20222023 term:

1. On November 15, 2022, the Section returned to inperson attendance for its monthly lunch meetings and to hear the presentation from the Cannon Estate Planning Teleconference Series.

2. On February 21, 2023, the Section’s in-person monthly lunch meetings moved to City Club.

3. The Section organized, promoted, and held an NFL Draft Day Mixer in April 2023 for members to attend and socialize at Boomer Jack’s Grill and Bar.

4. The Section organized and hosted an in-person CLE Course Day instruction on May 26, 2023, at the TCBA offices. The topics and speakers focused on current developments and estate planning strategies regarding Federal gift, estate, generation-

skipping transfer, and income tax laws related to a decedent’s estate, trusts, retirement accounts, businesses, and charitable giving. The CLE was well-attended.

5. The Section’s 2004 Bylaws were revised to function in a more orderly and streamlined manner. The Section and its members approved the amended bylaws on July 25, 2023.

We look to continue the legacy and events from the 20222023 term during the 2023-2024 term. Our goals are focused on maintaining and building upon the Section’s growth, implementing more activities for Section and Bar members, encouraging, and increasing members’ participation in Section and Bar activities, and increasing the Section’s membership.

Our goals are:

1. Increasing the Section’s active membership and attendance at the monthly meetings.

2. Taking a survey of what members want from the Section and members’ suggestions for activities.

3. Hosting regularly scheduled mixers.

4. Focusing on our members’ health and competitive spirit by sponsoring the Section’s first 1-mile fun run, 3K and 5K Race for all Bar members.

5. Organizing and hosting an in-person CLE Course Day instruction in 2024 at the TCBA offices focused on current developments and estate planning strategies regarding Federal gift, estate, generation-skipping transfer, and income tax laws related to a decedent’s estate, trusts, retirement accounts, businesses, and charitable giving.

Your support and involvement are a key ingredient in the success of the Section. Please feel free to reach out to Mark Maples, Robert Fitzgerald, or me if you would like to volunteer and to participate in a committee to plan, organize, and achieve the Section’s goals for this year.

Thank you again for your support of the Section. We sincerely appreciate your time and look forward to working with you this year! g

By Perry Cockerell, Perry Cockerell, P.C.

A Legal Journey Through Tours, France

This summer, I visited France and spent time with several French attorneys who practice civil and criminal law in Tours and Paris. I spent a few afternoons in the Palais de Justice, the municipal courthouse, in Tours watching a three judge panel conduct criminal trials or accept guilty pleas. While the French legal system is different than that in the United States, the French and American attorneys have similar experiences in their daily practice and interaction with the courts.

Tours, France

The city of Tours is located in the Centre-Val de Loire area of France and has more than 135,000 residents. Situated between the city of Orleans and the Atlantic coast, it is surrounded by a metropolitan area with an excess of 500,000 residents. The Loire River, the longest river in France runs through Tours. The city is home to historical sites such as the Basilique StMartin, the Cathedral of Tours, the Musée des Beaux-Arts, and the Institut of Tours, a language school that teaches the French to students who come from all over the world. Tours is located about two hours by vehicle from Paris and can be reached by trains that run regularly between the cities. The non-stop rapid train, TGV can make the trip between the two cities in an hour. Many people live in Tours and work in Paris.

Joan of Arc

Tours is site where Joan of Arc (Jeanne d’Arc), the patron saint of France planned her military liberation of the city of Orleans. After meeting with Charles VII in Chinon, she left for Tours where she stayed for twenty-four days, from April 1 to April 24, 1492, before beginning her legendary quest to free France of British occupation and to install Charles VII as the rightful heir to the throne. Jeanne d’Arc was received by Jean Dupuy who was the counselor to Yolanda D’Aragon, the Queen of Sicily. The legend is that while in Tours, Jeanne d’Arc received her armor for her battle to retake Orleans, located approximately 72 miles from Tours.

In the 17th century the home of Jean Dupuy where Jeanne d’Arc stayed was torn down and rep-

laced by a hotel. In 1929, five hundred years after her visit, a plaque was placed on the building where the residence of Jean Dupuy existed, which is now on the street called Rue de Colbert.

City Life

Tours offers a public tram that traverses across the city and the Loire River regularly throughout the day. It stops at the street named Jean Juares, after the famous French leader (1859-1914) who cofounded the newspaper, L’Humanité , and member of the French Chamber of Deputies.

At Jean Juares, there is the Palais de Justice , a majestic courthouse that serves the public. Every day the judges in three court panels dispense justice in civil and criminal cases. The court is open to the public. Tourists frequently drop in to watch the public trials. The public can contact local attorneys who are there on call throughout the day to meet with potential clients. New clients can access the court through a private door that leads to an area of the court managed by the local bar association, Barreau de Tours

Practicing Law in France

While there are many differences between the French legal system and the American legal system, the life of a French and American attorneys are similar. French attorneys have a more dynamic way of getting to work, which depends largely on public transportation. French attorneys work in large and small firms, have to hustle to secure new clients, make their appearances in court (in judicial robes), and work across the

The downtown area of Tours can be walked easily from one end to the other. The public tram travels through the center of the city on the street named rue National and across the Loire river. The tram has many stops and ends at shopping malls with movie theaters located at either end of the line.

The Palais de Justice was constructed in the 1840s and is still in use today.

country. France has over 70,000 attorneys in the entire country and has a national bar association. There are over 165 bar associations located across France. In Paris there are over 28,000 attorneys.

A French attorney holds a law degree from a university and after passing a Bar exam, they must finish a 2-year internship with a qualified lawyer to become an attorney (“Avocat”). The local attorneys in Tours who are members of the Barreau de Tours, https://barreaudetours.eu/ have private access to the Palais de Justice through a separate door located at the front of the building. The attorneys have conference rooms, a library, lockers, and mailboxes where the court delivers mail. The bar association has a staff employee working in the lawyer’s conference area. Attorneys who access the courthouse can enter through an exterior door of the courthouse into the lawyer’s spaces. During the day an attorney is on call at the office for the public who may need the services of an attorney. Members of the public can access an attorney through the Barreau de Tours website and pose a confidential question online with a payment of a fee.

One significant difference in the French system of justice is that attorneys, when appearing in court, wear the same kind of robe as that of the court. Attorneys are officers of the court. In the courthouse, French attorneys can be seen wearing their robes while meeting with clients before and after the hearings.

Criminal Proceedings

In a criminal proceeding an investigating judge interrogates the defendant looking for evidence of a crime or exoneration of a crime. The judge is neutral. There is no Fifth Amendment and no jury trial. The investigating judge issues a report. The investigating judge’s report can contain hearsay evidence that would be inadmissible in a trial in the United States.

A defendant who does not plead guilty will go to trial before a three court judge panel. In cases of incarcerated defendants, the defendant appears in court, surrounded by police, in an area to the right of the panel that is sealed by a plastic barrier for security reasons.

The District Attorney sits at a seat on the right side of the court panel and elevated above the tables in the courtroom for the defense counsel and the counsel for the victim. The defense counsel sits at a table next to the area where the

defendant is located. A table next to the right of the defense counsel is for the victim’s attorney. After the three court panel concludes their interrogation of the defendant and provides instructions, the District Attorney may have a long statement to the court. The Defense counsel may also have a long statement and offer additional documents. The defense attorney is not there to object to evidence or the questions posed by the judges but to offer analysis of the evidence. After presentation to the court, the panel retires to make its decision and returns to the court.

François-Antoine Cros

François-Antoine Cros is a trial attorney with the firm of SCP Herrault & Cros. He graduated from the University of Tours in 1984 and obtained a Master of Law at the University at Rennes in 1986. He spent one year in the military and then two years at the University of Poitiers to learn to become an attorney. In 2004 to 2005 he served as president of the Barrow of Tours.

In his thirty-six years Cros said that the practice of law in France has changed through the requirement of continuing legal education, the use of computerized research, the communication with the courts and the online filing of cases. He stressed that the new attorney must be familiar with the new software and be adequately trained and learn how to communicate with the courts and to process their court filings. “All attorneys are required to have training. The tools that we use to communicate have changed. Paper is gone. The court clerk provides all the files and we file all the briefs. Everything is electronic. This is a major change.”

Cros remembers the day when he had to research the law in the law library. “That has changed. Everything is in three different systems. Attorneys use Lexis/Nexis and a system called DALLOC. A system called LAMYINE provides the software to find case law.”

In handling civil cases, Cros said that “attorneys use the ‘RPVA’ (le réseau privé virtuel des avocats), which is a virtual secured private network of the legal French legal profession and used by the courts to communicate with the attorneys in civil matters.”

In criminal cases, Cros said that the District Attorney provides the electronic files for their cases over a secure internet portal which he can access on his iPhone or laptop.

Trial attorneys have their own access code to the Palais de Justice from outside the court. Attorneys are on call during the day to meet with the public who need legal assistance. The public can ring the door from the outside and meet with an attorney.

These are the lockers assigned to trial attorneys who appear in court.

Attorneys practicing criminal law access the files provided by the District Attorney through an online secure portal called “PLEX”.

“Access to that file will show the list of the cases and will bring up the criminal record. I might not be able to print off everything but I have to be good at searching the electronic record and taking notes. This is a spectacular change and this requirement requires more efforts to use the new tools.” Cross likes handling criminal cases because they are “fast paced and they have the war time aspect to them.”

David Athenour

David Athenour is a partner in the law firm of Hugo Avocats that has offices in Paris and in Tours. In 2004 Athenour graduated from the Universite Francois Rabelais. He holds two master’s degrees that he received in 2007. One degree is in Private and Business Law from the Sorbonne Law School in Paris and the other degree is in Economic Law from the Paris Institute of Political Studies. In 2008 he graduated from the Paris Bar School.

For two years from 2008 to 2010, Athenour worked as an associate with the firm of Normand & Asscocies in Paris. In 2010 he moved his family to Tours and worked for three years as an associate with Walter & Garence handling corporate litigation and bankruptcy matters. In 2013 he started his own law firm, Cabinet Athenour with a partner and handled a commercial litigation and transactional practice, domestically and internationally.

In 2022 Athenour was asked to join the firm of Hugo Avocats in Paris, France. He accepted but did not have to

in 2010 he was the 230th lawyer. “Now Tours has over 330 attorneys.”

He said that “reputation is important, because you often come across the same people.” He said that attorneys, judges, court clerks, experts, bailiffs, court appointed agents and accountants know each other. He said that in Tours, “most firms have fewer than five lawyers, a dozen have between five and ten lawyers and only two have more than ten lawyers.”

The advantage of working in a medium-sized city like Tours “is that it's easier to balance family and professional life, but because of the difficulties in recruiting associates, you can find yourself working a lot. I work more now than when I was a lawyer in Paris. I've been looking for an associate for nearly a year now, without success.”

On occasion, Athenour will handle a criminal case. “It's a field I discovered while working for a firm that acted as the tax authorities' lawyer in tax fraud cases. I took a liking to it and never gave it up, even though it's not my main subject.”

Recently he was called to handle a criminal case and had to be ready within a few days for the hearing. Athenour said that he was called to trial on a Friday and was in the court until 10 pm that night. “There was a lot of waiting time,” he said.

Changes in the Practice of Law in Tours

Athenour said that “COVID changed the practice of law. Before COVID attorneys had access to the court staff, District Attorney or the judges and could walk in their offices easily. It was quite common to stop in to see the court clerk or District Attorney to discuss the status of a case and to see if something could be resolved. But when COVID occurred, access to the courts and the District Attorney could only be through a staff liaison. When the COVID restrictions ended the courts decided that they liked the new system and had less intrusions during the day.”

move to Paris. He travels one or two days a week to work in the firm’s Paris office. His workday begins by taking the TGV train in the early morning from Tours to Paris. The train ride is a quiet trip. The seats include a table to read and to work on during the trip. In Paris he arrives at the Montparnasse train station where he takes a metro bus that takes him within twenty minutes from his office. If he needs to stay for more than a day in Paris, he uses an available room at one of the homes of his partners.

Athenour said that when he joined the Barreau of Tours

Another change that Athenour noticed after COVID was that he does not have to travel to Paris quite as often to work. The use of zoom has enabled attorneys to remain in their office instead of having to make frequent travel.

* * *

France has thirty-six courts of appeals across the nation. An appeal from a case in the Palais de Justice in Tours, is to the court of appeals in Orleans, the city that Jeanne d’Arc liberated in 1492. The highest court is the Court of Cassation located in Paris. g

The courts communicate with law firms by delivering mail to the law firm mailboxes located in the area reserved for the attorneys.

TEXAS LAWYERS FOR TEXAS VETERANS TARRANT COUNTY CHAPTER

By Sarah Hall Hoffman, Pro Bono Programs Director

2023 Pro Bono Award Spotlight

Robert Boudreau

SERVICE AFTER SERVICE AWARD

Robert Boudreau has been volunteering with TLTV since May 2021. He began volunteering with TLTV to fulfill the sentiment that the citizens of the United States have an unwritten contract with their military veterans which implicitly states, "Once you’ve served the rest of us, it’ll be our turn to serve you."

TLTV provides Robert a new window to live out the Marine Corps motto, “Semper Fidelis”, with the segment of Tarrant County’s pro bono-eligible population. He believes the privilege of practicing law should always be done with an eye towards

improving society at large, which includes stepping up to represent the underserved in his community.

Rob Boudreau works with the U.S. Securities and Exchange Commission’s Division of Enforcement and has volunteered with the Heroes Wills Clinic since 2021. Rob served on active duty in the Marine Corps from 2010 to 2015, and he continues to serve in the Reserves as a civil affairs officer and military attorney, including a recent deployment with the 31st Marine Expeditionary Unit. Rob and his bride, Sarah, live in Parker County, along with their four young boys.

“It's an honor to give back just a little to folks who have been willing to give, and often have given, so much more to secure our freedoms.” g

for generously donating to and sponsoring our TLTV Clinics. George White (pictured) is a long-time volunteer for TLTV and a long-time member of China Post 1, and we appreciate his continued support of our program.

2023 Pro Bono Award Spotlight Deborah Krane GOLD SERVICE AWARD Submit a Substantive Law Article

Deborah Krane started volunteering with TLTV in 2019. Deborah’s father was a pilot in World War II. Throughout her life, Deborah has developed close relationships with many veterans. She has always felt a strong connection to the military community. TLTV provides her the opportunity to help local veterans with legal issues. Deborah has been doing pro bono work throughout her career.

Deborah was born and raised in New York. She received her BA from Georgetown University and JD from the John Marshall Law School. After working for a few years, Deborah returned to school and received an LLM in Labor Law from NYU School of Law.

She has extensive experience as a Labor and Employment practitioner.

Deborah began her career working for the federal government in the EEOC, MSPB, and FLRA in Chicago and NYC. She later relocated to the LA area and served as in-house counsel to several major labor unions and law enforcement associations. About 20 years later, Deborah relocated to Austin and opened a law office specializing in Employment Law. She took some time off from practicing and lived on a farm in Oklahoma. The farm was sold, and Deborah returned to Texas, this time to the Fort Worth area. She opened a law office specializing in Employment Law. She now works part-time for a small law firm in Fort Worth and counsels both individuals and employers on Labor and Employment law issues.

“My experiences as summarized above lead me to admire the men and women who have served. I enjoy doing what I can for these individuals.” g

Snippets

Civil and Criminal

by Judge Bob McCoy g County Criminal Court No. 3

ASK JUDGE BOB

Judge Bob, what is a “justiciable controversy”?

A justiciable controversy exists when there is a “real and substantial controversy involving genuine conflict of tangible interests and not merely a theoretical dispute.”

Larry Ackers v. Comerica Bank & Trust, 654 S.W.3d 750, 751 (Tex. 2022).

THE PACK’S MONTHLY

PARAPROSDAKIAN (a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous)

Get your facts first, then you can distort them as you please.

THE PACK’S QUOTE OF THE MONTH

Dachshunds are ideal dogs for small children, and they are already stretched and pulled to such a length that the child cannot do much harm one way or the other.

—Robert Benchley

CRIMINAL ITEMS OF INTEREST

1.Deadly Weapon

A deadly weapon is defined as anything that in the manner of its used or intended use is capable of causing death or serious bodily injury. Though not a deadly weapon per se, a motor vehicle may become one depending on the manner of its use or intended used.

Walton v. State, 641 S.W.3d 861 (Tex.App.—Fort Worth 2022).

2. Evidence

Trial courts balance the following four factors in deciding whether to exclude relevant evidence in response to a party’s claim arguing the evidence is overly prejudicial: (1) the probative value the evidence has in the case; (2) the potential the evidence has to impress the jury in an irrational and indelible way; (3) the time that will be required for the party offering the evidence to present it in the trial; and (4) how badly the party who wants

to introduce the evidence needs it to meet its burden of proof. Edwards v. State, 642 S.W.3d 7 (Tex.App.—Beaumont 2021).

3. Bail

Relevant factors to be considered in setting defendant’s bail include: nature of offense and possible sentence; defendant’s ties to community, including family ties; length of residency; employment history; prior criminal record; existence of other bonds against defendant and his compliance with conditions of those bonds; and aggravating factors involved in alleged offense. Ex Parte Ramirez-Hernandez, 642 S.W.3d 907 (Tex. App.—San Antonio 2022).

4. Double Jeopardy

Under the Fifth Amendment, a criminal defendant may not be put in jeopardy twice for the same offense. Jeopardy attaches when a jury is impaneled and sworn. Because jeopardy attaches at this point, the Constitution “confers upon a criminal defendant a ‘valued right to have his trial completed by a particular tribunal.’” Accordingly, the premature termination of a criminal prosecution via the declaration of a mistrial, if it is against the defendant’s wishes, ordinarily bars further prosecution for the same offense.

Ex Parte Herrington, 643 S.W.3d 255 (Tex.App.—Tyler 2022).

5. Curtilage

“The area ‘immediately surrounding and associated with the home’ – its “curtilage” – is “part of the home itself for Fourth Amendment purposes.” “The protection afforded the curtilage is essentially a protection of families and personal privacy in an area intimately linked to the home, both physically and psychologically, where privacy expectations are most heightened.” “When a law enforcement officer physically intrudes on the curtilage to gather evidence, a search within the meaning of the Fourth Amendment has occurred. Such conduct thus is presumptively unreasonable absent a warrant.”

State v. Serna, 644 S.W.3d 712 (Tex.App.—Austin 2021).

6. New Trial

A trial judge may not grant a new trial on mere sympathy, an inarticulate hunch, or simply because he believes that the defendant received a raw deal or is innocent.

State v. Guilbault, 644 S.W.3d 727 (Tex.App.—Austin 2022).

7. Jury Charge

Defendant must meet three requirements for submission of instruction requiring jury to disregard evidence if jury believes

Noah Moses Abigail & Bathsheba

evidence is illegally obtained: (1) the evidence heard by the jury must raise an issue of fact; (2) the evidence on that fact must be affirmatively contested; and (3) that contested fact issue must be material to the lawfulness of the challenged conduct in obtaining the evidence.

Chambers v. State, 663 S.W.3d 1 (Tex.Crim.App. 2022).

CIVIL ITEMS OF INTEREST

1. Good Samaritan

“Texas law imposes no general duty to ‘become a good Samaritan,’ [though] . . . a duty to use reasonable care may arise when a person undertakes to provide services to another, either gratuitously or for compensation. But that duty of reasonable care “is limited to that undertaking.” Three Aces Towing, Inc. v. Landrum, 653 S.W.3d 727, 728 (Tex. 2022).

2. Docket Sheet

Generally, docket sheet entries are insufficient to constitute a decree of the court. Interest of A.F., 653 S.W. 3d 730, 743 (Tex. App.—Fort Worth 2019).

3. Family Code

“Under the Family Code, the court that renders a divorce decree retains jurisdiction to clarify and enforce the property division within that decree.” Griffith v. Reyes, 653 S.W.3d 746, 751 (Tex.App.—San Antonio 2022).

4. Federal Arbitration Act

The legal standard for determining whether the arbitrator exceeded his powers does not involve an inquiry into whether the arbitrator displayed a manifest disregard for the law, and manifest disregard for the law is not a ground on which an arbitration award under the FAA may be vacated.

Vargas v. Rigid Global Buildings, LLC, 654 S.W.3d 1, 8 (Tex.

App.—Houston [14th. Dist.] 2022).

5. Attorney General Opinion

That Attorney General Opinion is not binding on this court. City of Floresville v. Nissen, 654 S.W.3d 11, 15 (Tex.App.—San Antonio 2022).

6. Amended Motion

An amended motion supersedes and supplants the preceding motion. An amended motion also relates back to the date of the original motion. Ajao v. Hall, 654 S.W.3d 22, 28 (Tex.App. —Houston [14th Dist.] 2022).

7. Sexually Violent Predator

A civil commitment proceeding under the Sexually Violent Predator Act incorporates the “beyond a reasonable doubt” burden of proof that is applicable to criminal cases. In Re Commitment of Tryon, 654 S.W.3d 29, 36 (Tex.App— Eastland 2022).

LEGAL QUOTE OF THE MONTH

Justice is truth in action.

—Benjamin Disraeli

OLD NEWS

Water Works. Construction was completed in 1914 on a dam to impound water coming down the West Fork of the Trinity River. The resulting reservoir, Lake Worth, was the chief water source for Fort Worth for many years. Land was leased for lakefront homes and entertainment, including boating, swimming, and picnicking. Soon to follow was an amusement park with rides, a boardwalk, and a dance casino. A 40-mile roadway, aptly named Meandering Road, wandered around the edge of the lake. g

The Future of Law and A.I.: Exploring the Latest Legal Developments in Law

By Benjamin Sley, J.D., LL.M., Senior Attorney Eggleston King Davis, LLP

1. Overview

Artificial Intelligence

(“A.I.”), (“generative A.I.”), is changing rapidly, becoming more and more powerful and ubiquitous, impacting our everyday lives, which the law is addressing. An inherent limitation of A.I. is the extent of and limitations of the databases on which the A.I. “trains” - Large Language Model. No database is unlimited, and these limitations can create biases in the A.I. output which must be addressed by the law. Further, in critical systems, there should be human oversight of A.I. output as discussed below.

U.S. District Judge Brantley Starr, U.S. District Court for the Northern District, Texas , has required a signed Certification from attorneys regarding the use of generative A.I. certifying that no portion of any filing was drafted by A.I. or that any language drafted by A.I. will be fact checked for accuracy before submission to the Court by that attorney, subject to Fed. R. Civ. Proc., Rule 11 Sanctions. Below is Judge Starr’s Local Rule regarding use of generative A.I. (from: https://www.txnd.uscourts.gov/judge/judge-brantley-starr).

“Mandatory Certification Regarding Generative Artificial Intelligence

All attorneys and pro se litigants appearing before the Court must, together with their notice of appearance, file on the docket a certificate attesting either that no portion of any filing will be drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence will be checked for accuracy, using print reporters or traditional legal databases, by a human being. These platforms are incredibly powerful and have many uses in the law: form divorces, discovery requests, suggested errors in documents, anticipated questions at oral argument. But legal briefing is not one of them. Here’s why. These platforms in their current states are prone to hallucinations and bias. On hallucinations, they make stuff up—even quotes and citations. Another issue is reliability or bias. While attorneys swear an oath to set aside their personal prejudices, biases, and beliefs to faithfully uphold the law

and represent their clients, generative artificial intelligence is the product of programming devised by humans who did not have to swear such an oath. As such, these systems hold no allegiance to any client, the rule of law, or the laws and Constitution of the United States (or, as addressed above, the truth). Unbound by any sense of duty, honor, or justice, such programs act according to computer code rather than conviction, based on programming rather than principle. Any party believing a platform has the requisite accuracy and reliability for legal briefing may move for leave and explain why. Accordingly, the Court will strike any filing from a party who fails to file a certificate on the docket attesting that they have read the Court’s judge-specific requirements and understand that they will be held responsible under Rule 11 for the contents of any filing that they sign and submit to the Court, regardless of whether generative artificial intelligence drafted any portion of that filing.” [Judge Starr’s Local Requirement Certification].

Music created by A.I.

In the first two weeks of April 2023, a user called Ghostwriter1977, uploaded to Spotify, Apple Music, YouTube, Amazon, Twitter, SoundCloud and TikTok an A.I.-created rap song, “Heart on My Sleeve,” including vocals which “trained” on a database of the voices of Drake and The Weeknd and sounded as if it was sung by these artists. Within several days of its posting, it was streamed over 15 million times, until the music company representing Drake and The Weeknd, Universal Music Group (UMG), sent a complaint to all of the platforms demanding removal of the song. UMG stated in a media statement that “the training and generative A.I. using our artists’ music” represented “both a breach of our agreements and a violation of copyright law.” UMG stated that the platforms had a “legal and ethical responsibility to prevent the use of their services in ways that harm artists.”

Proposed Legislation regarding A.I. and Nuclear Weapons

Senator Edward J. Markey (D-Mass) on July 13, 2023, filed over a dozen amendments to the National Defense Authorization Act (NDAA), including language that would prohibit the use of artificial intelligence in the U.S. military’s nuclear launch decisions, advance the cause of nuclear disarmament and nonproliferation, and save billions in federal dollars by shifting wasteful spending from nuclear weapons development to vaccine research.

Upon introducing these Amendments and Bills, Senator Markey stated:

“Seventy-eight years ago this weekend, Robert Oppenheimer witnessed the world’s first nuclear weapons explosion. In 2023, we face a new kind of nuclear threat: the militarization of increasingly powerful artificial intelligence systems. We must pass legislation to keep AI away from the nuclear button before it’s too late.”

Previously, on April 26, 2023, Sen. Edward Markey introduced a bipartisan, bicameral Bill entitled, ‘‘Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023’’ (text of Bill online at: BUR23348 (senate.gov) ). The Bill provides: “In a report on autonomous weapons systems published on December 1, 2021, Human Rights Watch and the International Human Rights Clinic of Harvard Law School argue that ‘[r]obots lack the compassion, empathy, mercy, and judgment necessary to treat humans humanely, and they cannot understand the inherent worth of human life,’” and “It is the sense of Congress that— (1) the use of lethal, autonomous nuclear weapons systems that are not subject to meaningful human control cannot properly adhere to international humanitarian law; and (2) any decision to launch a nuclear weapon should not be made by artificial intelligence.” The Bill further provides that no funds be appropriated or provided for any “autonomous weapons system that is not subject to meaningful human control” to launch or provide targeting for a nuclear weapon.

This Bill may be in response to counter a situation presented some 40 years ago in the movie, “War Games”, in which a computer attempted to override human control over launch codes regarding the use of nuclear weapons.

U.S. Copyright Office Guidance on A.I.

The U.S. Copyright Office announced on March 16, 2023, that works created with the assistance of A.I. may be copyrightable, provided that the work involves sufficient human authorship See: 88 Fed. Reg. 16190 (March 16, 2023) (to be codified at 37 C.F.R. Sec. 202). Without sufficient human authorship , works created by A.I. are not registrable. See section below.

2. Background of Artificial Intelligence Chess and “Go”

It was in 1996 that IBM’s “Deep Blue” supercomputer played the world’s Number One chess player, Garry Kasparov, in Philadelphia. Kasparov won that match 4-2. IBM’s engineers tweaked the program considerably, and in a rematch one year later in 1997, Deep Blue beat Kasparov, 3 1/2 to 2 1/2 games, the first time a computer beat a reigning world chess champion. In 2016, Google’s “Deep Mind” A.I. supercomputer, “AlphaGo” played the world’s leading “Go” player, Lee Sedol, in South Korea, with AlphaGo defeating Sedol 4 – 1. “Go” is a game with magnitudes of order more possible moves than chess. Because of the intricacies of the game, at the time, it was thought that Sedol would beat AlphaGo, and that it would be at least 5-10 years into the future for when a computer could

beat a world champion Go player. It has been said that the game of “Go” requires not just supercomputing “brute force” to determine all possible combinations, but, creative, strategic thinking and “intuition”. AlphaGo had as a learning database of some 30 million moves. Using that database, it played millions of games against itself, “learning” from each iteration.

When asked about certain moves that AlphaGo made in this competition, one of its programmers, Thore Graepel, explained AlphaGo’s autonomous nature: “Although we have programmed this machine to play, we have no idea what moves it will come up with . Its moves are an emergent phenomenon from the training. We just create the data sets and the training algorithms. But, the moves it then comes up with are out of our hands---and much better than we, as Go players, could come up with.”

In part, because, as Thore Graepel said, the decisions that an A.I. supercomputer can make “are out of our hands,” Senator Markey introduced his bipartisan Bill to prevent autonomous use of A.I. regarding use of nuclear weapons without “meaningful human control.” See above.

Everyday use of A.I. today

We are all aware that as we type in a word processor or texting program on a phone, the program uses A.I. to flag and suggest the proper spelling of a word, prompt for next words when composing a text and flag grammatical errors and suggest correct grammar. The navigational software on a phone uses A.I. to determine the fastest route, taking into consideration accidents and traffic congestion in real time. ChatBots pop up to ask if we have questions and it uses A.I. to interpret questions and provide answers to questions from its database. A.I. is commonly used to make stock trading decisions, determine credit scores, rate resumes for a job, and interpret x-rays and electrocardiograms and provide medical diagnoses. A.I. algorithms have been accepted by at least one state Supreme Court, (Wisconsin), with proper explanation of its limitations, to provide a projected recidivism “score” as a non-determinative factor sentencing decisions. (Discussed below).

3. Federal Government Executive Policies on A.I. Executive Order 13859, Feb. 11, 2019:

Policy and Principles. Artificial Intelligence (AI) promises to drive growth of the United States economy, enhance our economic and national security, and improve our quality of life. The United States is the world leader in A.I. research and development (R&D) and deployment. Continued American leadership in A.I. is of paramount importance to maintaining the economic and national security of the United States and to shaping the global evolution of A.I. in a manner consistent with our Nation's values, policies, and priorities. The Federal Government plays an important role in facilitating A.I. R&D, promoting the trust of the American people in the development and deployment of AI-related technologies, training a workforce capable of using A.I. in their occupations, and protecting the American A.I. technology base from attempted acquisition by strategic competitors and adversarial nations.

Maintaining American leadership in A.I. requires a concerted effort to promote advancements in technology and innovation, while protecting American technology, economic and national security, civil liberties, privacy, and American values and enhancing international and industry collaboration with foreign partners and allies.

Department of Defense Policy on A.I.

The DoD A.I. Ethical Principles, DoDD 3000.09, revised January 25, 2023:

(1) Responsible. DoD personnel will exercise appropriate levels of judgment and care, while remaining responsible for the development, deployment, and use of A.I. capabilities.

(2) Equitable. The DoD will take deliberate steps to minimize unintended bias in A.I. capabilities.

(3) Traceable. The DoD’s A.I. capabilities will be developed and deployed such that relevant personnel possess an appropriate understanding of the technology, development processes, and operational methods applicable to A.I. capabilities, including with transparent and auditable methodologies, data sources, and design procedures and documentation.

(4) Reliable. The DoD’s A.I. capabilities will have explicit, welldefined uses, and the safety, security, and effectiveness of such capabilities will be subject to testing and assurance within those defined uses across their entire life cycles.

(5) Governable. The DoD will design and engineer A.I. capabilities to fulfill their intended functions while possessing the ability to detect and avoid unintended consequences, and the ability to disengage or deactivate deployed systems that demonstrate unintended behavior.

4. Copyright Law

U.S. Copyright Office – Registration Guidance on Works Containing Material Generated by Artificial Intelligence – 88 Fed. Reg. 16190 (March 16, 2023). The Copyright Office Registration Guidance provides that a work created by A.I. without sufficient human modification is not registrable.

From the Registration Guidance:

As the agency overseeing the copyright registration system, the Office has extensive experience in evaluating works submitted for registration that contain human authorship combined with uncopyrightable material, including material generated by or with the assistance of technology.

It begins by asking:

(1) “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or

(2) whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine.”

In the case of works containing AI-generated material, the Office will consider whether the A.I. contributions are the result of “mechanical reproduction” or instead of an author’s “own original mental conception, to which [the author] gave visible form.” The answer will depend on the circumstances,

particularly how the A.I. tool operates and how it was used to create the final work. This is necessarily a case-by-case inquiry.

[Not Registrable]

If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it.

For example, when an A.I. technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the “traditional elements of authorship” are determined and executed by the technology— not the human user. Based on the Office’s understanding of the generative A.I. technologies currently available, users do not exercise ultimate creative control over how such systems interpret prompts and generate material. Instead, these prompts function more like instructions to a commissioned artist— they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output. For example, if a user instructs a text-generating technology to “write a poem about copyright law in the style of William Shakespeare,” she can expect the system to generate text that is recognizable as a poem, mentions copyright, and resembles Shakespeare’s style. But the technology will decide the rhyming pattern, the words in each line, and the structure of the text.

When an A.I. technology determines the expressive elements of its output, the generated material is not the product of human authorship. As a result, that material is not protected by copyright and must be disclaimed in a registration application.

[Possibly Registrable]

In other cases, however, a work containing AI-generated material will also contain sufficient human authorship to support a copyright claim. For example, a human may select or arrange AI-generated material in a sufficiently creative way that “the resulting work as a whole constitutes an original work of authorship.” Or an artist may modify material originally generated by A.I. technology to such a degree that the modifications meet the standard for copyright protection. In these cases, copyright will only protect the human-authored aspects of the work, which are “independent of ” and do “not affect” the copyright status of the AI-generated material itself.

Image Source: This is an A.I.-created image made with prompt inputs from the author. Based on the U.S. Copyright Office Registration Guidance dated March 16, 2023, this image may not be copyrighted.

When filling out the application form for a U.S. Copyright, the applicant must disclose if A.I. was used in the creation

of the content, identify the A.I.-created content, and the extent it was modified by the human applicant, pointing out what content was modified and what was not modified by the applicant.

Regarding the rap song with vocals of Drake and The Weeknd, it is likely not a copyright violation, per se, since the words of the song were not previously written by nor sung by the artists. We will need further guidance regarding whether A.I.-generated speech or vocals which seem to mimic a person’s voice is a misappropriation of that person’s identity or intellectual property.

(Author’s comment: The image accompanying this article is not subject to a copyright since it was created by A.I. pursuant to prompts from the author without any subsequent modification by the author.)

Inventions, assisted by A.I. in the invention’s creation, may be patented and considered patentable subject matter, based on a fact-specific, case-by-case analysis. The U.S. Patent and Trademark Office has stated, “A key priority of the United States Patent and Trademark Office (USPTO) is to maintain United States leadership in innovation, especially in emerging technologies, including artificial intelligence (AI). To further this goal, the USPTO has been actively engaging with the innovation community and experts in A.I. to promote the understanding and reliability of intellectual property (IP) rights in relation to A.I. technology. Additionally, the USPTO is working to ensure that appropriate IP incentives are in place to encourage further innovation in and around this critical area.” U.S. Patent & Trademark Office’s (“USPTO’s”) October 2020 Public Views on Artificial Intelligence and Intellectual Property Policy Report (“2020 Report”). However, only a natural person can be an inventor on a patent as stated by the U.S. Federal Circuit Court of Appeals in 2022. A.I. cannot be an inventor.

If the invention was created by A.I. without human input, it is not patentable subject matter. See: Thaler v. Vidal, 43 F.4th 1207, 1213 (Fed. Cir. 2022): “When a statute unambiguously and directly answers the question before us, our analysis does not stray beyond the plain text. Here, Congress has determined that only a natural person can be an inventor, so A.I. cannot be. Accordingly, the decision of the district court is affirmed.”

According to the National Conference of State Legislatures (NCSL.org), as of 2020, 29 States have enacted legislation regarding autonomous vehicles and 11 states have issued Executive Orders regarding autonomous vehicles.

6. The current state of A.I. in the legal industry

The use of A.I. technology in the legal industry is still in its early stages, but it is growing rapidly. According to a recent survey by the Legal Executive Institute, 51% of legal professionals expect to see significant adoption of A.I. in the next five years. A.I. is already being used in a variety of legal applications, including contract review and analysis, legal research, and e-discovery. In the copyright law context, A.I. is being used to detect and prevent traditional copyright infringement, with

companies such as YouTube and Facebook using automated content recognition tools to identify and remove infringing content. Notwithstanding these positive developments, as stated above, U.S. District Judge Brantley Starr, U.S. District Court for the Northern District of Texas, has required a Certification by attorneys that they have reviewed and fact-checked any brief drafted in part with the use of A.I.

7. The ethical considerations of A.I. in Law

The use of A.I. in law raises a number of ethical considerations that must be addressed. One of the most important is the potential for A.I. to perpetuate bias in the legal system. A.I. algorithms are only as unbiased as the data they are trained on, and if that data is biased, the A.I. product will be biased as well. This can have serious consequences in criminal law using A.I. algorithms in sentencing, and copyright law, where the detection of infringement can be highly subjective. Another ethical consideration is the potential for A.I. to replace human judgment in decision-making. (Hence, the need for the Bill regarding A.I. and the decision-making process regarding use of nuclear weapons introduced by Sen. Markey, supra.) While A.I. can provide valuable insights and predictions, it cannot replace the nuanced judgment of a human legal professional. Additionally, there is the risk that A.I. may perpetuate existing biases in the legal system, rather than addressing them.

8. Recent developments in A.I. use in Law

The use of A.I. in law is still a relatively new and rapidly evolving field, and there have been several recent legal developments that are worth noting.

See U.S. District Judge Brantley Starr’s Certification requirement regarding use of A.I. in preparation of legal briefs, supra.

In 2018, the European Union implemented the General Data Protection Regulation (GDPR), which includes provisions related to the use of A.I. in decision-making. The GDPR requires that individuals have the right to obtain an explanation of any decision made by an A.I. system that affects them.

In 2016, the Wisconsin Supreme Court upheld the use of a recidivism risk assessment, an A.I.-created algorithm used in sentencing, but required that the algorithm be made transparent and subject to review. State v. Loomis, 371 Wis. 2d 235, 243-44 (Wis. 2016). In Loomis, the Wisconsin Supreme Court held:

We determine that because the circuit court explained that its consideration of the COMPAS [Correctional Offender Management Profiling for Alternative Sanctions] risk scores was supported by other independent factors, its use was not determinative in deciding whether Loomis could be supervised safely and effectively in the community. Therefore, the circuit court did not erroneously exercise its discretion. We further conclude that the circuit court's consideration of the read-in charges was not an erroneous exercise of discretion because it employed recognized legal standards.

The Wisconsin Supreme Court emphasized that that the

5. Patents

COMPAS risk score determined by the proprietary A.I.generated algorithm could be used as one factor, but not determinative factor in sentencing. This case recognized the possibility of inherent bias in such a risk score for recidivism and attempted to place safeguards around its use. There will certainly be future cases providing more legal nuance regarding the use of similar reports to avoid the dystopian situation presented by the use of A.I. in predicting future criminal behavior as depicted in the 2002 movie, “Minority Report.” California passed a law, effective Jan. 1, 2019, regarding the conspicuous disclosure of the use of A.I. in the form of a “Bot” used to interact with a person to incentivize purchase or sale of goods or to influence a vote in an election. “Bot” is defined by this law as follows:

“Bot” means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.” Cal. Bus. & Prof. Code § 17940(a).

Further, this law provides “It shall be unlawful for any person to use a “bot” to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of

goods or services in a commercial transaction or to influence a vote in an election.” Cal. Bus. & Prof. Code § 17941(a).

9. Conclusion

The intersection of law and A.I. is a rapidly evolving field, with many legal professionals and experts predicting profound changes. At least one federal judge requires a specific attorney certification regarding the use of A.I. stating that all documents will be reviewed by the attorney before submission to the Court under threat of Rule 11 sanctions. While there are many benefits to the use of A.I. in law and areas regulated by law, there are also many challenges and ethical considerations that must be addressed. A.I.-generated results are only as good as the data (the “Large Language Models”) on which they are trained, and to the extent that the data is limited or biased, the A.I. output will provide inaccurate, biased results. Further, A.I. is known to “hallucinate” and create false “data.” Additionally, there is the risk that A.I. may overlook important nuances or context that a human would be able to identify. Use of an A.I.-generated “predictive algorithm” of future behavior is subject to incomplete data and inherent biases which must be accompanied with appropriate disclosures of A.I.’s inherent limitations. As the legal industry continues to grapple with these issues, it is likely that A.I. will play an increasingly important role in shaping the future of law and the legal profession. g

Name displayed at dunk tank, option for person from your firm to man the dunk tank

Name will be displayed at the buffet

Name will be displayed at the bar

SOLD OUT

Name will be displayed at the front entrance

Name will be displayed at the prize table, and representative from firm will get to announce the prize winners

Requests for labels should be directed to Lauren St. Clair by e-mail at laurensc@tarrantbar.org, by fax at 817.335.9238, or by visiting the TCBA office.

Tarrant County Volunteer Attorney Services

By Sarah Hall Hoffman, Pro Bono Programs Director

2023 Pro Bono Award Spotlight

Lindsay Kinzie

COMMUNITY PARTNER

Lindsay Kinzie is the Legal Program Director and General Counsel for The Gatehouse, a program that gives a hand up to goal-oriented women who are working to overcome hardships by equipping them to create a foundation for permanent self-sustainability, in Grapevine, Texas. Lindsay created the Gatehouse Legal Program in 2017 and has acted as its Legal Program Director for the last five years.

Lindsay was appointed in 2018 by Governor Greg Abbott to serve on the Crime Victim’s Institute Advisory Council for Texas. In 2020, Lindsay was awarded the J. Chrys Dougherty Legal Services Award by the State Bar of Texas for her commitment to delivering quality legal services to low income individuals. Lindsay Kinzie currently serves as the Associate Judge for the cities of Southlake, Keller, Colleyville, and Roanoke. Lindsay is the mother of 3 beautiful girls.

2023 Pro Bono Award Spotlight

Philip Vickers ATTORNEY

VOLUNTEER

Philip Vickers has been volunteering with TVAS since it began hosting clinics in 2012. Philip began volunteering as an attorney with Legal Aid of Northwest Texas in 2008. He set up a pro bono program at his firm shortly after. In 2011 he agreed to join the access to justice committee, which later became TVAS. Philip has found that many times people just need someone to listen to them and show them someone cares about their problems. He believes lawyers are able to help solve problems in a way many others cannot. It is hard for him to imagine a better way for a lawyer to help in the community than by participating in pro bono work.

Philip Vickers is a Partner in the Litigation Section at Cantey Hanger LLP where Philip advises and represents clients in a variety of commercial and business disputes, including oil and gas, fiduciary duties, trademark and copyright, insurance, and civil rights and First Amendment litigation. He has been a member of the Tarrant County Bar’s Volunteer Attorney Services committee (TVAS) since its founding and is a former co-chair of the committee. Before joining Cantey Hanger, Philip served as briefing clerk to the Honorable Michael H. Schneider, U.S. District Judge for the Eastern District of Texas. He obtained his law degree from the University of Texas at Austin. Philip and his wife, Bekah, have three children.

John Barnes, John Corbin, Philip Vickers, and Melissa Wilks

Tarrant County Bar Association

LAWYER REFERRAL & INFORMATION SERVICE

The Lawyer Referral & Information Service (LRIS) is a service of the Tarrant County Bar Association that benefits both TCBA member attorneys and the public. Panels

TCBA’s Lawyer Referral & Information Service is completely customizable for participating attorneys with:

29 330

600

& calls each month

more than

practice areas specialized practice areas from which to choose LRIS averages more than

Time Frame: January 2022-December 2022

Approved by the American Bar Association, LRIS allows member attorneys to receive client referrals and build their business, while helping callers quickly find an attorney in the area of law they need.

The program is intended to help individuals who are able to pay normal attorney fees but have difficulty finding legal representation due to lack of experience with the legal system, lack of information about needed services, or fear of costs. Membership costs range $150 - $200 annually.

For more information about LRIS membership, please visit www.tarrantbar.org/JoinLRIS or contact lris@tarrantbar.org.

*Time Frame: January 2022-March 2023

TCBA’s Lawyer Referral & Information Service is in need of attorneys specializing in the following areas of practice:

• Identity Theft

• Collection Against Debtors

• Criminal Appeals

• Auto Repair Dispute

Questions about how to help? Please contact lris@tarrantbar.org.

Judge Pete Perez 1931 - 2023

he Honorable Judge Pete Perez, 92, First Mexican American Assistant District Attorney and State District Judge in Tarrant County, passed away late Tuesday evening, July 25, 2023, following a short decline in his health. His daughter, grandson and loving wife of 64 years comforted him at his bedside.

In his role as a judge, lawyer and civic leader, Judge Perez modeled and supported the notion that public service and civic leadership were noble goals for a generation of people in the 1970’s, 80’s and 90’s.

He passed away late Tuesday evening, July 25, 2023, at the Trinity Terrace Retirement Community following a short decline in his health. His daughter, grandson and loving wife of 64 years comforted him at his bedside.

Perez began his legal career in 1959, when he was appointed as Assistant District Attorney to the Tarrant County District Attorneys Office by Doug Crouch. After accepting the appointment, he moved with his newlywed bride, Elisa M Barrera from San Antonio to Fort Worth.

After a few years at the District Attorneys Office, he opened a private law firm, Perez, Dickens & Sullivan where he worked on both civil and criminal cases for 14 years. A point of pride for Judge Perez was that Dickens, Sullivan and he all went on to serve at the District Court level: Judge Perez the 372nd, Judge Dickens the 297th and Judge Sullivan the 322nd.

During those years he also served on numerous committees and boards throughout Tarrant County and inspired citizens from all walks of life to pursue public office.

In 1967 he was appointed by President Lyndon B. Johnson to Chair the Selective Service Appeals Board during the Vietnam War overseeing Consciousness Objector cases, among others. In 1971 President Richard Nixon awarded him a certificate for his years of service to the Nation.

Perez gained notoriety in Tarrant County in the spring of 1970, when Fort Worth Mayor, RM “Sharkey” Stovall proclaimed Pete Perez Day to celebrate his contributions to Fort Worth and Tarrant County. Chairman of the event, Judge JC Duvall cited Perez’s contribution to racial understanding.

Throughout the 70’s Perez served on numerous civic boards and chairperson positions. Among these, President of the Fort Worth Good Neighbor Council, Chair of the Tarrant County Community Counsel Housing and Code Enforcement Committee and panelist for an educational program sponsored by the National Conference of Christians and Jews entitled Equal Opportunity in Business and

TIndustry. He was a member of the Sertoma Club that annually distributed copies of the Declaration of Independence to Fort Worth 5th graders. Throughout his career he frequently visited FWISD schools to speak with local students about the importance of their education. He often stressed that success was simply a series of failures that one learns from.

In 1972 Perez ran an unsuccessful campaign to unseat incumbent Judge Walter Jordan for the 48th District Court. The final vote was 399 to 112.

In 1974 he was featured in a promotional film produced by First of Fort Worth National Bank and the Fort Worth Chamber of Commerce. Fort Worth: The Unexpected City was narrated by Jimmy Stewart and featured other Fort Worth notables such as Charles Tandy, Cattleman Steve Murrin, Bobby Ray Sanders and Alan Sampson. To his dying day he loved Fort Worth and the opportunities that it had offered him in his legal career and as a place to raise his family.

Perez’s judicial career began on January 1, 1976 when he was appointed to a Fort Worth Municipal Court as Judge Pro Tem.

In 1978 he was elected to the newly established Tarrant County Criminal Court Number 4 where he served over misdemeanor cases for 12 years. During this time he served on the Tarrant County Bail Bond Board.

Judge Perez attended and completed The National Judicial College in Reno, Nevada following his election to County Criminal Court Number 4.

In August of 1978 he lost the Tarrant County Executive Committee vote nomination for an opening at Criminal District Court No 2. He was a late entry to the race and said “he was not seeking the judgeship simply to find a cozy job in which to complete his career…vote for the rising sun and not the setting sun.” He ended by stating that his goal was to become a justice on the Texas Supreme Court and gaining a position on the District Court would be a step in that direction.

In 1990, he was elected to the newly established 372nd State District Court where he presided over felony cases for 4 years.

Following his years in the judiciary of Tarrant County, he served as a Traveling Judge for the State of Texas presiding over cases in rural counties or acting as a substitute in cases where other judges were temporarily unable to serve.

For some years prior to his official retirement, he volunteered at SCORE Fort Worth, providing free business mentoring and coaching to existing and emerging business people in Fort Worth. Serving and counseling others was his greatest passion and he successfully inspired numerous

people modeling how the American Dream was possible despite a person’s humble beginnings or lack of resources.

Born in Laredo, Texas in 1931, Pete was the firstborn son of Margarita Pena and Pedro Perez. With his 4 brothers and 3 sisters, he was raised in Bustamante, Nuevo León, Mexico through first grade and spent the remainder of his childhood in Corpus Christi, Texas, graduating from Corpus Christi High in 1949.

While he enjoyed an idyllic childhood in Mexico, free to wander with neighborhood children and ride his burro along the streams and through the mountains near his home, he gained a fierce spirit of independence and self preservation as his father believed that economic and social struggles were the norm in life and his children needed to be prepared for every eventuality.

He demonstrated his independence and social nature by the age of 5 when he constructed a shoeshine box and routinely worked the street corners in Bustamante and Corpus Christi in order to earn extra money for the family. He credited his charisma and public speaking skills to performing in children’s theater in the town plaza gazebo in Bustamante.

Another well known story that many people knew was that he moved out of the family home and into the mattress factory at the age of 13. From that vantage point he was able to understand and contribute to the family business in a more meaningful way.

After high school, he attended Del Mar College for one semester but dropped out after running out of funds. Old enough to enlist without his parents’ consent, he joined the United States Navy in 1949 completing basic training in San Diego, California and serving on the USS Thomas Jefferson, a troop transport ship stationed between Oakland, California and Hawaii. Although he completed his one-year contract and was discharged, he was soon called back when the Korean War began.

He was Honorably Discharged from the United States Navy on November 10, 1952 with distinctions of Korean Service Medal (1 star) and a United Nations Service Medal having served on the USS Rochester. While serving he worked in various capacities, one of which was to establish the line-of-sight for the ship artillery; this left him with hearing loss in one ear.

Following the War, he attended St Mary’s Law School in San Antonio, where he held down various jobs such as parking cars and setting bowling pins in order to pay expenses not covered by the GI Bill. He also helped to support his younger sister who was left orphaned after the death of both parents. Perhaps due to his learning English as a second language, he always felt that he was not the strongest student. Reassured by an A in his Evidence Class in his first year, he persevered and graduated with a Doctorate of Juris Prudence in May of 1958.

In his retirement years, Judge Perez enjoyed studying Latin at The College of St Thomas Moore, playing various

musical instruments such as the piano, guitar and most passionately, the harmonica. He routinely traveled with his grandchildren and learned to ballroom dance and practice yoga. To his dying day he continued reading numerous areas of study such as Ethics, Philosophy, Religion, History and Biographies. Most notably, he read the New York Times and Wall Street Journal up to the day of his death.

Judge Perez was predeceased in death by: His ParentsPedro and Margarita Pena; His Son - Peter Joseph Perez; His Siblings - Joe, Albert, Arthur Perez & Jose P. ‘Kinnin’ Ramirez and Carmen Montoya; His In-Laws - Elisa Narro Barrera, Jesse Barrera, Roy Garza, Terry Perez, Porfirio Montoya, Joe and Angelica Lazo, Margarette Perez, Glenn Skates and Janice Lee Messenger; His Nieces and Nephews - Rosalinda Garza, Norma Montoya, Johnnie Joe Perez, Margarita Ramirez Cuellar, Margie Perez, John Richard Messenger, Steve Perez, Rolando Banda Jr and Carlos Villareal.

Survivors include Elisa M. Perez (wife), Grace Elisa Woodard, Elizabeth Perez Azerad, MD and Renee Perez (daughters), Elizabeth Garza & Hilda Banda (sisters), Dorin, Jessica, Zachary and Raphael Azerad and Donald M. Woodard III (grandchildren), Robert Azerad, Donald Woodard Jr, Fred Ramos, Rolando Banda Sr, Mary Helen Perez (in-laws), Dora and Arthur Lazo, Albert Perez Jr, Margo Calomera, Carla Perez, James and Karen Perez, Nelda Montoya Naranjo, Nora Cantu, David and Bobby Montoya, Orphalinda and Hector Acosta, Roy and Susan Garza, Ronald and Andrew Banda, Laura Bill, Yolanda R Garcia, Raquel R Garza, Diana R Ortiz, Idalia Skates, Rosalinda Hernandez, Jose, Javier, Rodolfo, Fernando, Ramiro, Rene and Gerardo Ramirez. g

Published by Thompson’s Harveson & Cole

Funeral Home and Crematory on July 25, 2023.

1984 - 2023

Nick Buratto, 38, beloved son of Sue and Alan Buratto, passed away on Thursday, Aug. 3. Born in Fort Worth, Nick attended Trinity Valley School, The Texas Boys Choir school and Paschal High School.

A graduate of Trinity University and the University of Texas School of Law, Nick was a brilliant writer who loved his career as an attorney in the 13th, 2nd and 5th Texas Courts of Appeals in Corpus Christi, Fort Worth, and Dallas.

Nick is survived by his parents, aunt Kathleen Atteberry, cousins Sonny and Jimmy Banik, uncles Tom Atteberry, Ron Switzer, Jim McClure, Steve and Stan Buratto, and an extended Buratto family in the Pacific Northwest. g

Published in Star-Telegram on August 13, 2023.

Nick Buratto

Cheryl Smith

1948 - 2023

heryl Dewey Smith peacefully left this world for her next adventure. She will be forever in our hearts and deeply missed by those who loved her and the many lives she touched. g

CPublished in Star-Telegram on August 27, 2023.

1936 - 2023

Theodore "Ted" Mack, lawyer and civic leader, died peacefully at home on August 6. Born in Fort Worth, he was the son of Henry and Norma Harris Mack. Ted graduated from R. L. Paschal High School as a TCU Horned Frog fan. Despite his love for TCU and his home town of Fort Worth, he hit the road, attending Harvard College and Harvard Law School, where in addition to getting a top-notch education, he learned to love drinking Jack Daniels in the winter and gin and tonics in the summer. As a third generation Texas lawyer, he returned home to spend his entire professional career practicing law in Fort Worth until retiring in 2018. Always in a bow tie, Ted was a brilliant and exceptional attorney, handling complicated matters across the country. Many of his clients became lifelong friends, and many of his friends called on him for his legal skills. He was just as likely to be found on Capitol Hill in DC, as in the Tarrant County Courthouse on Weatherford Street. He believed strongly in helping those without resources and was known to work for free or take payment in kind when necessary. Numerous reported cases bear his name as lead counsel, and he was the magic behind many land and oil and gas deals. Viewing effective mentoring as the lifeblood of the legal profession and of singular importance, he always took time to teach young lawyers, both within his firms and through the John C. Ford Inn of Court. With a keen mind for business, Ted served as an officer and director of the Southern Plow Company. Later in his career, Ted became a mediator and an arbitrator, to his great satisfaction. Recognized as a Best Lawyers in America© and as a Texas Super Lawyer©, Ted was a lawyer's lawyer.

No discussion of Ted's career would be complete without considering his civic contributions. He served on the boards

of many organizations, among others, the Presbyterian Night Shelter, Fort Worth Country Day, the Edna Gladney Home, and Temple Beth-El, later becoming Beth-El's President. He was devoted to his alma mater, serving as President of the Harvard Law School Association of Texas. He was a proud member of the Rotary Club and Torch Club, both of which enabled him to pursue his intellectual interests. A patron of the arts, he could always be found at museum openings and Symphony, until his health and vision declined.

Ted was a devoted husband to his wife Ellen for sixty years until her death in 2020. He raised his three daughters to be like him: strong-minded independent professionals. He instilled in his daughters a love of education, reading, summer camp, the arts, theater, symphony, food, wine, dogs, and travel. He and Ellen saw the world together ranging from drives across North America to adventures in Europe, Asia, Australia, and Africa. Ted would always seek out the best restaurants and know the perfect wine to order with every meal. At home, he relished his favorite Fort Worth restaurants and savored the grapes with his wine club. Later in life, he excelled at cooking and pairing wines with his gourmet creations. His knowledge was expansive, which led to many wonderful hours of conversations about classic books, movies, art, and history--there was always something to learn when talking to him. He took pride in the accomplishments of his children, grandchildren, and mentees. A compliment from Ted was well-earned and a great gift.

He accomplished these life achievements while blind in one eye, which he rarely discussed, but he was happy to ensure that those around him knew the obstacles associated with his left-handedness.

Ted is survived by his daughter, Katherine Mack and son in-law David Friefeld of Houston and her sons, Mack and Joseph Dowdall; daughter, Elizabeth Mack and son inlaw David Allen of Dallas and their daughters, Brooke and Zoe Allen; daughter, Alexandra Mack and son in-law Kurt Zeppetello of Connecticut and their son, Julian Zeppetello; and his beloved dog, Santos. g

Published in Star-Telegram on August 13, 2023.

1954 - 2023

Frank Peter Colosi, age 68, passed away August 7, 2023. He was born on October 2, 1954 in Niagara Falls, New York, to Anthony and Pauline Colosi.

Frank graduated from Niagara Falls High School in 1972, received his BA from Princeton in 1975, his MA in Public Administration from Cornell in 1979, and completed his JD from Northwestern in 1983.

Frank P. Colosi

Theodore Mack

Frank moved to Texas, passed the bar exam there in 1983, and joined forces with Attorneys Art Brender and Terry Casey. Together they became an amazing team of civil rights champions that fought many important cases, and even brought one very significant civil rights case to the US Supreme Court in 1988, and won.

Frank always wanted the the world to be a better place, where everyone was respected and valued. He would continue to spend the majority of his 40 year law practice providing his expert legal voice for those who otherwise would never have been heard.

Frank will be remembered as a brilliant attorney, a loyal and dedicated friend, a mentor to many, a very special uncle, and the best little brother.

Frank was preceded in death by his father, Anthony, his mother, Pauline, and his older brother, Joseph.

Frank is survived by his sister and brother-in-law, Lydia and Don Rappold; his niece, Nicole Desmond, and great niece, Aria; his nephew and niece, Adam and Carin Desmond, and great nephews, Luca and Rocco; his nephew and niece, John and Sara Colosi; his nephew and niece, Peter and Kathryn Colosi, and great nieces, Campbell and Britton; many dear cousins; and many dear friends. g

Justice Anne Gardner

1942 - 2023

Anne Gardner served as a justice on the Second Court of Appeals for seventeen years. She was appointed to this court by Texas Governor George W. Bush and was re-elected twice to the position before retiring in 2016.

Justice Gardner was born and raised in Corpus Christi. She graduated from the University of Texas in 1964, and the U.T. School of Law in 1966, where she was an Associate Editor of the Texas Law Review. She served as Law Clerk with the Honorable Leo Brewster, U.S. District Judge, Northern District of Texas from 1967-1971, was a partner with the firm of Simon, Peebles, Haskell, Gardner & Betty for 13 years and a partner with McLean & Sanders for 4 years. From 1988 until her appointment to the Court by Governor George W. Bush on January 1, 2000, she was a senior partner with Shannon, Gracey, Ratliff & Miller, where she was Chair of that firm’s Appellate Section.

Justice Gardner was board certified in Civil Appellate Law, Texas Board of Legal Specialization, and served on that Board’s Advisory Commission on Appellate Civil Law for 12 years (chairman 1993). She was appointed to and served on the Texas Supreme Court’s Advisory Committee from 1993

until 1998. Justice Gardner was a former President of the Tarrant County Bar Association (Vice President 1984-85; Director 1977-79, 1982-84) and a member of the American Bar Association. She served three terms as a director of the Texas Association of Defense Counsel (1988-91, 91-94, 9799). She was a Life Fellow of the Texas Bar Foundation, a Charter Fellow of the Tarrant County Bar Foundation, a member of the State Bar College, an Emeritus Master of the Bench and founding member of the Eldon Mahon Inn of Court, a member of the American Law Institute, a member of the State Bar of Texas Pattern Jury Charge Committee on Intentional Torts and Negligence, and selected Appellate Justice of the Year for 2005 by the Texas Chapter of the American Board of Trial Advocates. g

Published by the Second Court of Appeals on August 8, 2023.

1962 - 2023

Laura Michele Delotto

Member Benefits Vendor List

TCBA members may take advantage of discounts provided by the following vendors:

AMO Office Supply guarantees the lowest prices on office supplies for TCBA members, with next-day delivery and free shipping. Call 800.420.6421.

Falcon Document Solutions provides quick, efficient, and reliable process services, document scanning, printing, copying, electronic discovery, litigation displays, and trial boards. They are available 24/7 at 817.870.0330 or visit their website at www.falcondocs.com. TCBA members can enjoy discounts on their services.

Fort Worth JSB Co., Inc. offers a 10% discount for TCBA members on printed materials — business cards, letterhead, envelopes, business forms, brochures, flyers, and more. To receive a quote, call 817.577.0572.

The Fort Worth Zoo offers discounted tickets to TCBA members. $16.00 for adult tickets, $12 for child or senior tickets. For more information, contact Tracy Card at tracy@tarrantbar.org or call 817.338.4092.

Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details.

For IT Help:

Juris Fabrilis provides members with discounted rates on web-based tools to assist in managing their law practices. For more information, call 817.481.1573 ext. 101.

For Shredding and Document Disposal:

Magic Shred is a secure shredding business that offers TCBA members a 10% discount to TCBA members. They provide on-site document shredding services. TCBA also organizes 2 free shredding events per year exclusively for its members. Members can bring up to five boxes for shredding free of charge. Call 940.783.6580 for details. g

Bar Bulletin ▪ September/October 2023

Tarrant County Bar Association

1315 Calhoun Street

Fort Worth, TX 76102-6504

ADDRESS SERVICE REQUESTED

If any of your contact information is incorrect, please submit the corrected information to the TCBA office at 817.338.4092, or email tcba@tarrantbar.org

LAWYERS ON THE MOVE & IN THE NEWS

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 Banda, Communications Director, at elizabeth@tarrantbar.org.