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Bulletin November 2015

Tarrant County Bar Association November 2015 Bar Bulletin

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Page 1: Tarrant County Bar Association November 2015 Bar Bulletin

BulletinNovember 2015

Page 2: Tarrant County Bar Association November 2015 Bar Bulletin

by David E. Keltner

David

President’s page

In previous columns, i wrote about the incredible differences in tech-nology between the time i entered practice in 1975 and today. But

the truth is that many things have not changed, and those remain the impor-tant things.

Our Partners in Providing Legal Services The best advice i can give to young

lawyers is to surround yourself with people smarter than you. in my case, that includes all adults, most children, and alarm-ing number of dolphins.1

From the start, i was surrounded by a great support staff. in the beginning days at Shannon Gracey, secretaries and le-gal assistants worked long hours to make sure that our work product was as good as it could be. Of the four legal assistants with whom i worked, three went on to law school and the other earned her PhD in literature. eventually, Michele Rayburn became my secretary. To say that Michele was strong-willed is an understatement, and she remains that way today. We worked with each other for seven years, and i am quite sure she was my boss. it was around that time that i tried to concentrate on appellate work, and Michele mastered appellate briefs long before i did. She was on a fi rst name basis with the local court of appeals’ clerks, and the justices called her by her fi rst name. Michele taught me valuable lessons. She was obsessed with getting things right and worked late hours to make sure that our briefs met her expectations. We worked together until i ran for the Court of Appeals. unfortunately, my election meant that we had to part ways. Since that time, she has worked with Mike Wallach. Michele won Legal Secretary of the Year from the Fort Worth legal Secretary Association and was a state-wide fi nalist. i am very proud of her continued involvement in the Fort Worth Parale-gal Association and the Paralegal Division of the State Bar of Texas. i am also proud to have been an ex offi cio member of the State Bar Board that approved the creation of the State Bar of Texas Paralegal Division. Naysayers predicted that it would become an organization dedicated to no other purpose than to raise paralegal salaries. The opposite has proved true. instead, the division has sponsored and produced continuing education, and is making a real contribution to professional-ism. On July 20, 1998, Stacy Blanchette and i began working together. Stacy already had a master’s degree and was not sure she wanted to be in the legal profession. However, she quickly graduated from being a legal secretary to a legal as-sistant, and we have been together for the last 17 years. Stacy has a wonderful way with the written word and knows the appellate rules much better than i. Once we fi nish the substance of an appellate brief, we turn it over to Stacy and she works her magic. She rewrites

sections, checks citations and quotations, and corrects all of my grammatical mistakes. Sometimes we argue, but she al-ways wins. And i like it that way. i would be lost without her. Stacy knows the clerks at all the Courts of Appeals on a fi rst name basis. She also knows the staff at the Texas Su-preme Court and talks with them often. if we ever have trou-ble at the Fifth Circuit Court of Appeals, Stacy has the answer within minutes after talking with one of her “sources.” And she knows our clients, too. i often fear they like her more than me, and i don’t blame them. The bottom line is Stacy is a professional. At what she does, she is the absolute best. i am honored to work with her and i hope she feels the same way.

Our TCBA Executive Director is a Superstar There ought to be a hall of fame for bar association ex-ecutives. if there ever is, Trisha Graham deserves to be the fi rst inductee. Originally hired by then-President David evans, she has served as executive Director for 23 years. During her tenure, the organization has grown, incorporated specialty bar organizations under one umbrella, obtained and operated our bar headquarters, and spawned affi liated organizations like the eldon B. Mahon inn of Court and Tarrant County Bar Foundation. During all this time, Trisha has worked with the elected leadership of the bar. i am sure that some presidents have been more diffi cult than others and i am still waiting to see how she ranks me. But i learned early that i do best when i agree with Trisha. The truth is, Trisha is in control and for good reason. She truly loves the Tarrant County Bar and its members. And our members adore Trisha and her husband, Joe. Together, they are a great team to keep our members and vol-unteers energized. i do not know what we would do without her. Trisha’s infl uence expands well beyond Tarrant County. At State Bar of Texas and American Bar Association confer-ences, executives from all over the nation know Trisha and ask her advice on how to run their organization. Not only has she been doing it longer than most of them—she has done it better.

Thanks Again to The Tarrant County Bar Foundation All of you that attended the Advocates for Justice lun-cheon on October 22, it will be back next year. For those of you who did not attend, you missed something spectacular. Our speaker was Texas Supreme Court Justice eva Guzman, who was introduced by our own Justice Debra lehrmann. The Bar Foundation raised a signifi cant amount of money for our joint pro bono projects. The Bar Foundation will soon conduct a membership Fellows drive. Fellowship is reserved for those who have displayed bar leadership and those that have distinguished themselves in the practice of law. if you are invited to join, please say yes. ■

1Dilbert, Sept. 6, 2015.

Page 3: Tarrant County Bar Association November 2015 Bar Bulletin

November 2015 ■ TCBA BulleTiN 1

by David E. Keltner

David

President’s page

In previous columns, i wrote about the incredible differences in tech-nology between the time i entered practice in 1975 and today. But

the truth is that many things have not changed, and those remain the impor-tant things.

Our Partners in Providing Legal Services The best advice i can give to young

lawyers is to surround yourself with people smarter than you. in my case, that includes all adults, most children, and alarm-ing number of dolphins.1

From the start, i was surrounded by a great support staff. in the beginning days at Shannon Gracey, secretaries and le-gal assistants worked long hours to make sure that our work product was as good as it could be. Of the four legal assistants with whom i worked, three went on to law school and the other earned her PhD in literature. eventually, Michele Rayburn became my secretary. To say that Michele was strong-willed is an understatement, and she remains that way today. We worked with each other for seven years, and i am quite sure she was my boss. it was around that time that i tried to concentrate on appellate work, and Michele mastered appellate briefs long before i did. She was on a fi rst name basis with the local court of appeals’ clerks, and the justices called her by her fi rst name. Michele taught me valuable lessons. She was obsessed with getting things right and worked late hours to make sure that our briefs met her expectations. We worked together until i ran for the Court of Appeals. unfortunately, my election meant that we had to part ways. Since that time, she has worked with Mike Wallach. Michele won Legal Secretary of the Year from the Fort Worth legal Secretary Association and was a state-wide fi nalist. i am very proud of her continued involvement in the Fort Worth Parale-gal Association and the Paralegal Division of the State Bar of Texas. i am also proud to have been an ex offi cio member of the State Bar Board that approved the creation of the State Bar of Texas Paralegal Division. Naysayers predicted that it would become an organization dedicated to no other purpose than to raise paralegal salaries. The opposite has proved true. instead, the division has sponsored and produced continuing education, and is making a real contribution to professional-ism. On July 20, 1998, Stacy Blanchette and i began working together. Stacy already had a master’s degree and was not sure she wanted to be in the legal profession. However, she quickly graduated from being a legal secretary to a legal as-sistant, and we have been together for the last 17 years. Stacy has a wonderful way with the written word and knows the appellate rules much better than i. Once we fi nish the substance of an appellate brief, we turn it over to Stacy and she works her magic. She rewrites

sections, checks citations and quotations, and corrects all of my grammatical mistakes. Sometimes we argue, but she al-ways wins. And i like it that way. i would be lost without her. Stacy knows the clerks at all the Courts of Appeals on a fi rst name basis. She also knows the staff at the Texas Su-preme Court and talks with them often. if we ever have trou-ble at the Fifth Circuit Court of Appeals, Stacy has the answer within minutes after talking with one of her “sources.” And she knows our clients, too. i often fear they like her more than me, and i don’t blame them. The bottom line is Stacy is a professional. At what she does, she is the absolute best. i am honored to work with her and i hope she feels the same way.

Our TCBA Executive Director is a Superstar There ought to be a hall of fame for bar association ex-ecutives. if there ever is, Trisha Graham deserves to be the fi rst inductee. Originally hired by then-President David evans, she has served as executive Director for 23 years. During her tenure, the organization has grown, incorporated specialty bar organizations under one umbrella, obtained and operated our bar headquarters, and spawned affi liated organizations like the eldon B. Mahon inn of Court and Tarrant County Bar Foundation. During all this time, Trisha has worked with the elected leadership of the bar. i am sure that some presidents have been more diffi cult than others and i am still waiting to see how she ranks me. But i learned early that i do best when i agree with Trisha. The truth is, Trisha is in control and for good reason. She truly loves the Tarrant County Bar and its members. And our members adore Trisha and her husband, Joe. Together, they are a great team to keep our members and vol-unteers energized. i do not know what we would do without her. Trisha’s infl uence expands well beyond Tarrant County. At State Bar of Texas and American Bar Association confer-ences, executives from all over the nation know Trisha and ask her advice on how to run their organization. Not only has she been doing it longer than most of them—she has done it better.

Thanks Again to The Tarrant County Bar Foundation All of you that attended the Advocates for Justice lun-cheon on October 22, it will be back next year. For those of you who did not attend, you missed something spectacular. Our speaker was Texas Supreme Court Justice eva Guzman, who was introduced by our own Justice Debra lehrmann. The Bar Foundation raised a signifi cant amount of money for our joint pro bono projects. The Bar Foundation will soon conduct a membership Fellows drive. Fellowship is reserved for those who have displayed bar leadership and those that have distinguished themselves in the practice of law. if you are invited to join, please say yes. ■

1Dilbert, Sept. 6, 2015.

Page 4: Tarrant County Bar Association November 2015 Bar Bulletin

2 www.tarrantbar.org ■ November 2015

Tarrant County Bar Association817.338.4092 ■ Fax 817.335.9238website: www.tarrantbar.orgemail: [email protected]

2015-2016 OfficersPresident . . . . . . . . . . . . . . . David e. KeltnerPresident-elect . . . . . . . . . . . Robert G. WestVice President . . . . . . . . . . .Dabney D. BasselSecretary-Treasurer . . . . . . . . . Nick Bettinger

DirectorsTerm Ends 2016

leslie BarrowsJohn Caycelance evans

Term Ends 2017Tawana Gray

Gary l. MedlinJason C. N. Smith

2015-2016 Appointed DirectorsGeffrey AndersonDwayne W. Smith

Tarrant County Young Lawyers Association President2015 Fall

Amber Altemose2016 Springerin Cofer

Immediate Past PresidentMichael J. Henry

Executive DirectorPatricia Graham, PlS, ClAS

Ex-Officio MembersState Bar Of Texas, Directors

J. Benjamin BarlowGary l. Nickelson

ABA DelegateJanna Clarke

Bar BulletinJohn F. Murphy, editor

H. Dennis Kelly, Assistant editorGraphics/Production

Park Place enterprises, [email protected] • 817.877.8901

The Tarrant County Bar Bulletin is a monthly publication of the Tarrant County Bar Association. Articles, photos, events for the calendar, suggestions, or comments should be directed to:1315 Calhoun Street • Fort Worth, Texas 76102-6504Deadline for submission is the 1st day of the month, one month prior the date of the issue (e.g. April 1 for the May issue). items for publication may be emailed to [email protected] in Word format.Articles published in the Bar Bulletin do not necessarily reflect the opinions of the Tarrant County Bar Association, its officers, or the Board of Directors. Calendar listings, classifieds, advertisements, and feature articles should not be considered an endorsement of any service, product, program, seminar or event.

Contents

Features

Departments

4 2015 Charity Golf Tournament Coverage

10 Judicial ProfilesJudge David Hagerman

1 President’s Page

3 Membership luncheon

6 Transition to Practice

6 lawyer Referral and information Service News

6 Texas lawyers for Texas Veterans

7 TCYlA Snapshot

7 Benefits of Membership

7 TCBA Member Benefits Vendor list

7 New Members

8 Brown Bag - elder law & Probate

9 Tarrant County Volunteer Attorney Services

10 Other Associations’ News & information

12 100 Club

13 News from The Tarrant County Bar Foundation

14 Snippets

18 in Memoriam - Justice Dixon W. Holman

18 legalline

20 it’s All Happening at the Bar

24 lawyers on the Move & in the News

17 Diversity SpotlightNational Native American Heritage Month

NovemberMembership Luncheon

The Bar Association welcomes Brigadier General Ma-linda e. Dunn, uSA (Ret.), executive Director of the American inns of Court Foundation as the speaker for

the November Membership luncheon. Her topic will focus on honoring our veterans and their military service as we celebrate Veterans Day and the fi fth anniversary of the Texas lawyers for Texas Veterans-Tarrant County Chapter.

Gen. Dunn graduated from Randolph-Macon College (B.A. with Honors, 1978) and Washington and lee univer-sity (J.D., 1981). She has an l.l.M. in Military law from the Judge Advocate General’s School, u.S. Army, and a Masters in National Security Studies from the National War College. She is admitted to practice before the Supreme Court of the united States, the Court of Appeals for the Armed Forces, the Army Court of Criminal Appeals, and the Supreme Court of Virginia.

Directly commissioned into the Army JAG Corps in July, 1981, she served as a prosecutor at the 2nd infantry Divi-sion in Korea and the 82nd Airborne Division at Fort Bragg, N.C., and as the Chief of Criminal law for the 4th infantry Division at Fort Carson, CO. After a stint in the Army’s Pro-curement Fraud Division, she returned to Fort Bragg, where she served in the u.S. Army Special Operations Command and as both the Deputy and the Staff Judge Advocate at the 82nd Airborne Division. Following tours at XViii Airborne Corps and in Kansas, she served as the Deputy Staff Judge Advocate at the 25th infantry Division at Schofi eld Barracks, Hi. Subsequently, she served as the Chief of Personnel for the Army JAG Corps, the Staff Judge Advocate for the Joint Readiness Training Center and Fort Polk, lA, and returned to Fort Bragg for the third time to serve as the Staff Judge Advocate, XViii Airborne Corps.

Before assuming her current position, Gen. Dunn served for more than twenty-eight years in the united States Army Judge Advocate General’s Corps, retiring as a Brigadier Gen-eral. She served as the Assistant Judge Advocate General for Military law and Operations, Commander of the u.S. Army legal Services Agency, and Chief Judge of the u.S. Army Court of Criminal Appeals. Her last fi eld assignment, as Staff Judge Advocate, XViii Airborne Corps, included tours as the Staff Judge Advocate, Combined Joint Task Force-180, Ba-gram Air Force Base, Afghanistan in 2003, and Staff Judge Advocate, Multi-National Corps–iraq, Victory Base, iraq, in 2005.

Gen. Dunn’s awards and decorations include the Dis-tinguished Service Medal, the legion of Merit, the Bronze Star Medal, and the Meritorious Service Medal. She earned

Beyond Thank You for Your Service:Honoring America’s Veterans

Brigadier General Malinda E. Dunn

the iraq and Afghanistan Campaign Medals, as well as the Korea Defense Ser-vice Medal and the Mul-tinational Force and Ob-servers Medal. She is a graduate of both Airborne School and Jumpmaster School.

The luncheon is co-hosted by the Tarrant County Bar Association and the Tarrant County Young lawyers Associa-tion. it will be held at the City Club on Tuesday, No-vember 10, at 11:45 a.m. The City Club is located at 301 Commerce Street, Fort Worth, 2nd Floor. lunch will be $26 for members with advance reservations and $31 for guests and walk-ins. Dress is business casual—suits and ties are not required.

To make your reservations, please contact Sherry Jones at 817.338.4092 or [email protected], or go to the cal-endar section of our website at www.tarrantbar.org. For di-rections and contact information, please visit the City Club website at www.cityclub-ftw.com. ■

3

9

10

Help us make sure

No Kid Goes HungryTarrant County Food Drive

September 20 through November 15If your fi rm wants more information, contact Michele Rayburn or Edwin Jenson, II

[email protected] • erj@jensen-law-fi rm.com

To make a tax deductible donation, make your check payable to: Tarrant County Bar Foundation and send to ANNUAL FOOD DRIVE • Tarrant County Bar Association1315 Calhoun Street • Fort Worth, Texas 76102

[email protected] • erj@jensen-law-fi rm.com

tax deductible donation, make your check payable to: Tarrant County Bar Foundation and send to ANNUAL FOOD DRIVE • Tarrant County Bar Association1315 Calhoun Street • Fort Worth, Texas 76102

24

NATIONAL ADOPTION DAY

Don’t Forget Your Donation

of a Stuffed Bear Bring bears to the TCBA office

8:30am – 4:30pm, M-F • 1315 Calhoun Street

For more information, call TCBF at 817.338.4092

8:00am - Noon FRIDAY, NOVEMBER 20, 2015 Tarrant County Family Law Center 248 East Weatherford Street

Back cover

Page 5: Tarrant County Bar Association November 2015 Bar Bulletin

November 2015 ■ TCBA BulleTiN 3

NovemberMembership Luncheon

The Bar Association welcomes Brigadier General Ma-linda e. Dunn, uSA (Ret.), executive Director of the American inns of Court Foundation as the speaker for

the November Membership luncheon. Her topic will focus on honoring our veterans and their military service as we celebrate Veterans Day and the fi fth anniversary of the Texas lawyers for Texas Veterans-Tarrant County Chapter.

Gen. Dunn graduated from Randolph-Macon College (B.A. with Honors, 1978) and Washington and lee univer-sity (J.D., 1981). She has an l.l.M. in Military law from the Judge Advocate General’s School, u.S. Army, and a Masters in National Security Studies from the National War College. She is admitted to practice before the Supreme Court of the united States, the Court of Appeals for the Armed Forces, the Army Court of Criminal Appeals, and the Supreme Court of Virginia.

Directly commissioned into the Army JAG Corps in July, 1981, she served as a prosecutor at the 2nd infantry Divi-sion in Korea and the 82nd Airborne Division at Fort Bragg, N.C., and as the Chief of Criminal law for the 4th infantry Division at Fort Carson, CO. After a stint in the Army’s Pro-curement Fraud Division, she returned to Fort Bragg, where she served in the u.S. Army Special Operations Command and as both the Deputy and the Staff Judge Advocate at the 82nd Airborne Division. Following tours at XViii Airborne Corps and in Kansas, she served as the Deputy Staff Judge Advocate at the 25th infantry Division at Schofi eld Barracks, Hi. Subsequently, she served as the Chief of Personnel for the Army JAG Corps, the Staff Judge Advocate for the Joint Readiness Training Center and Fort Polk, lA, and returned to Fort Bragg for the third time to serve as the Staff Judge Advocate, XViii Airborne Corps.

Before assuming her current position, Gen. Dunn served for more than twenty-eight years in the united States Army Judge Advocate General’s Corps, retiring as a Brigadier Gen-eral. She served as the Assistant Judge Advocate General for Military law and Operations, Commander of the u.S. Army legal Services Agency, and Chief Judge of the u.S. Army Court of Criminal Appeals. Her last fi eld assignment, as Staff Judge Advocate, XViii Airborne Corps, included tours as the Staff Judge Advocate, Combined Joint Task Force-180, Ba-gram Air Force Base, Afghanistan in 2003, and Staff Judge Advocate, Multi-National Corps–iraq, Victory Base, iraq, in 2005.

Gen. Dunn’s awards and decorations include the Dis-tinguished Service Medal, the legion of Merit, the Bronze Star Medal, and the Meritorious Service Medal. She earned

Beyond Thank You for Your Service:Honoring America’s Veterans

Brigadier General Malinda E. Dunn

the iraq and Afghanistan Campaign Medals, as well as the Korea Defense Ser-vice Medal and the Mul-tinational Force and Ob-servers Medal. She is a graduate of both Airborne School and Jumpmaster School.

The luncheon is co-hosted by the Tarrant County Bar Association and the Tarrant County Young lawyers Associa-tion. it will be held at the City Club on Tuesday, No-vember 10, at 11:45 a.m. The City Club is located at 301 Commerce Street, Fort Worth, 2nd Floor. lunch will be $26 for members with advance reservations and $31 for guests and walk-ins. Dress is business casual—suits and ties are not required.

To make your reservations, please contact Sherry Jones at 817.338.4092 or [email protected], or go to the cal-endar section of our website at www.tarrantbar.org. For di-rections and contact information, please visit the City Club website at www.cityclub-ftw.com. ■

Save the DateTARRANT COUNTY BAR ASSOCIATION

Please join us for a 1980s themed

Holiday Bash!Thursday, December 10, 20155:00 pmTarrant County Bar Center • 1315 Calhoun Street

Page 6: Tarrant County Bar Association November 2015 Bar Bulletin

Bears and Friends for National Adoption Day

1st Place 3rd Place

2nd Place

TCYLA & TCBA Golf Tournament

1st Place TeamGary CoffmanAdam ColbertKent DavisChris Drumm

2nd Place TeamMartin A. GarciaJeff JohnsonSpencer NilssonHarrison Smith

3rd Place TeamJim JayJeff KobsThomas MichelWalker Turney

Last Place TeamGil DaleyJared KingTommy SehonPreston Ward

Closest to the PinMartin A. Garcia

Longest DriveRoger Diseker

Raised $8,000 for the Tarrant County Bar Foundation’s Texas A&M

University Law Student Pro Bono Law Assistantship Program assisting

TLTV & TVAS

Hole SponsorsAdams, Lynch & Loftin, P.C.

Baker Monroe PLLC Capital Financial Partners

Circelli, Walter & Young PLLCFirst Tee of Fort Worth

Trisha Graham & Aleed Rivera, Supporters of TLTV & TVASHarris, Finley & Bogle, P.C.

Michael J. HenryHurr Law Offi ce, PC

Hutchison & Stoy, PLLCDavid E. Keltner

Lone Star Ag Credit Morrison InvestigationsPatterson Law Group

Southside BankStephens, Anderson & Cummings

Weycer, Kaplan, Pulaski & Zuber, P.C.Whitaker Chalk Swindle & Schwartz PLLC

Closest to the Pin SponsorLaw Offi ce of Kathy Roux

Longest Drive SponsorValueScope, Inc.

Banquet SponsorsBlaies & Hightower LLP

Brackett & Ellis, PCFalcon Document Solutions LP

Lone Star Ag CreditParker Law Firm

Texas A&M University School of Law

Page 7: Tarrant County Bar Association November 2015 Bar Bulletin

Bears and Friends for National Adoption Day

1st Place 3rd Place

2nd Place

TCYLA & TCBA Golf Tournament

1st Place TeamGary CoffmanAdam ColbertKent DavisChris Drumm

2nd Place TeamMartin A. GarciaJeff JohnsonSpencer NilssonHarrison Smith

3rd Place TeamJim JayJeff KobsThomas MichelWalker Turney

Last Place TeamGil DaleyJared KingTommy SehonPreston Ward

Closest to the PinMartin A. Garcia

Longest DriveRoger Diseker

Raised $8,000 for the Tarrant County Bar Foundation’s Texas A&M

University Law Student Pro Bono Law Assistantship Program assisting

TLTV & TVAS

Hole SponsorsAdams, Lynch & Loftin, P.C.

Baker Monroe PLLC Capital Financial Partners

Circelli, Walter & Young PLLCFirst Tee of Fort Worth

Trisha Graham & Aleed Rivera, Supporters of TLTV & TVASHarris, Finley & Bogle, P.C.

Michael J. HenryHurr Law Offi ce, PC

Hutchison & Stoy, PLLCDavid E. Keltner

Lone Star Ag Credit Morrison InvestigationsPatterson Law Group

Southside BankStephens, Anderson & Cummings

Weycer, Kaplan, Pulaski & Zuber, P.C.Whitaker Chalk Swindle & Schwartz PLLC

Closest to the Pin SponsorLaw Offi ce of Kathy Roux

Longest Drive SponsorValueScope, Inc.

Banquet SponsorsBlaies & Hightower LLP

Brackett & Ellis, PCFalcon Document Solutions LP

Lone Star Ag CreditParker Law Firm

Texas A&M University School of Law

Page 8: Tarrant County Bar Association November 2015 Bar Bulletin

6 www.tarrantbar.org ■ November 2015

Amber

YLASnapshotIn September, TCYlA hosted its

annual TCYlA Golf Tournament at Mira Vista Country Club. The proceeds from the golf tour-nament were donated to the Tarrant County Bar Founda-tion. The donation will provide stipends for Texas A&M law students who are selected as interns for pro bono programs provided through the Tarrant County Bar Foundation. This year TCYlA raised $8,000 to donate to the Bar Foundation! Thank you to all of the sponsors and players of the golf tour-nament for making this donation happen. On October 8, TCYlA hosted Bridging the Gap, a Cle dedicated to teaching our members the practical aspects of practicing law. Nearly forty people attended the event, rang-ing from current law students to recent graduates waiting on their bar results to become newly minted lawyers. Thank you to the following presenters for making this event pos-sible: Vincent Circelli, Susan Smith, Chris lankford, Cody Cofer, Ryan Scharar, Clint Dennis, Chris Stoy, Patrick Rose, Tennessee Walker, Andrea Palmer, and laura Docker. Finally, on December 3, TCYlA is hosting a Christmas party for all of its members. Be sure to check the newsletter for more details to come! ■

Amber AltemosePresident TCYLA

Texas Lawyers for Texas Veterans Tarrant County Chapter

Jodie Connaughton and Sarah Seltzer

Texas lawyers for Texas Veterans–Tarrant County

Chapter (TlTV) is routinely asked by veterans for legal assistance with family law matters. Through the com-mitment of many family law volunteers, TlTV is able to provide veterans with free le-

gal consultations at the monthly legal clinics, and as possible, additional assistance for income-eligible individuals. TlTV is glad to welcome several new family-law-attorney volunteers, including those profi led below, who have routinely attended clinics and taken cases outside of the legal clinic.

Jodie Connaughton, Strother & Strother Law Jodie began attending TlTV clinics over the past year and will shortly accept her second family law case through the TlTV program. Jodie works for Strother & Strother in Joshua, Texas, and primarily practices family law. Jodie graduated from Texas A&M university School of law in 2014 and worked for a children’s advocacy center and domes-tic violence shelter prior to starting her legal practice. Jodie and her husband have three children who were adopted through the Texas Department of Family Protective Services. Jodie became interested in volunteering for TlTV because her husband is a veteran and Purple Heart recipient. in her

Meet Jodie and Sarah, TLTV’s Newest Family Law Volunteers

Employment, Bankruptcy, and Consumer Lawyers NeededTLTV has several veterans or spouses of deceased veterans in need of legal consultations in employment matters or further legal assistance with consumer and bankruptcy matters. If you are interested in assisting in these areas, please contact Megan Cooley at [email protected].

words, “i understand some of the challenges that veterans face and have always wanted to use my law license to help people whenever possible.”

Sarah Seltzer, Seltzer & Dally, PLLC Sarah joined the TlTV Committee in the past year, regu-larly attends clinics, and has taken family law cases out-side of the clinics. Sarah’s practice primarily involves estate planning and family law because, in her words, “it allows me to carefully listen to the details of a client’s individual situation and come up with a unique strategy to help them accomplish their goals.” Sarah is from Abilene, Texas, and graduated from Texas Wesleyan university School of law (now Texas A&M School of law). Sarah and her husband live in Fort Worth with their two sons and three dogs. Sarah notes that “i especially enjoy volunteering with TlTV because it allows me the opportunity to give back to those that i feel are most deserving and usually most in need of assistance. i have several family members who have served in the armed forces, and i believe taking veterans’ cases pro bono is a way i can honor their service.” ■

NewMembers

TCBA Welcomes Its

AttorneysShmyla AlamDaniel BarnesKari BohachGrant BostonDawn BoswellVianei BraunJessica BrummJohn R. CallisonStacy FayGrayson GummRonda HaynesConrad HesterRyan HillMark KratovilPaul leopoldMaria MaciasGarrett MartinJade MensBelynda OrtizCarol PauliHannah PenleyZane ReidMatthew RiversMarco Sanchezlee SorrellsTulani Washington

Associateslisa BuckSusan DavisDonna Bromfi eld-DayKimberly SheldonDanisha Thomas

Cindy Wade

StudentsZachery ArtimDavid HenrySarah PierceRachel TaftGordon TruongVince Vela

The Transition to Practice mentoring program is taking young lawyers for

2016. The committee has been working on the programs for the year and the kick-off will be held Wednesday, Janu-ary 20. if you are an attorney who has been practicing ten years or more, the TCBA needs you. it only takes an hour a month, and it will help a young lawyer tremendously! The Transition to Practice mentoring program pairs you with a young lawyer who practices in the same area of law as you. We meet six times a year for a free Cle and luncheon at the TCBA of-fi ces. You can use that time to visit with your mentee and see whether they have any questions or just get acquainted. The other six months of the year, we ask that you meet with your mentee by phone, or over coffee or lunch. if you are a young lawyer, practicing three years or less, please join the program as a mentee. The programs are set up with you in mind, getting you familiar with the practice of law, and helping you navigate the pitfalls. if you have questions or are interested, please contact Cindy at [email protected] or call her at 817.338.4092. ■

Transition to Practice Mentoring Program for 2016 NewsLawyer Referral and

Information Service

News

WOW, the lRiS is off to a GReAT start! The lRiS has already received $48,689.84 on

referral fees alone, and that’s just since July 1! Carolina and Brittany have worked so hard getting the reports out, and our attorney members are great to send fees in on the cases they take! Special thanks to those of our members who have paid referral fees since the last report: Courtney Burns, Neal Cal-laway, Bill Catterton, Bradley Clark, David Cook, Kelly Cur-nutt, Jennifer Dillon, Sylvia Duarte, Danielle Dulaney, Todd Durden, Andrea Dwyer, Rashelle Fetty, Patrick Gallagher, Joshua Graham, Andrew Gore, James Graham, Drew Her-rmann, Jacob Higgins, An lee Hsu, Roger Hurlbut, James Jinks, Richard Kilgore, Bryce King, Breanne lilley, Sean lynch, Michael Martinez, Caleb Moore, Stephen O’Rear, Scott Phillips, Jacob Wallace, Bill White, Cynthia Williams, and Brett Wyatt. We cannot thank you enough for your continued sup-port. We hav e 129 lRiS members at this time and have made 2,500 referrals since July 1. ■

Page 9: Tarrant County Bar Association November 2015 Bar Bulletin

TCBA Member Benefi ts Vendor ListTCBA members may take advantage of discounts

provided by the following vendors:ABA Retirement Funds program provides full-service 401(k) plans to benefi t the legal community. To learn more, contact local rep. Jacob Millican at 817.451.5020 or visit www.abaretirement.com.AMO Offi ce Supply offers TCBA members the lowest price guaran-teed on offi ce supplies, with next-day delivery and free shipping! Call 800.420.6421.Falcon Litigation Solutions offers discounts on copying, litigation displays, trial boards, etc. Call 817.870.0330.Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed materials—business cards, letterhead, envelopes, business forms, brochures, fl yers, and more. For a quote, call 817.577.0572.Fort Worth Zoo, discount tickets - $9.50 adult, $6.50 for child or senior. For tickets, contact [email protected] or 817.338.4092. if mailing or charging tickets, add 50 cents.Sprint offers 15% off the monthly service. For info, contact [email protected] or 817.338.4092.UPS - TCBA has signed an agreement with uPS for TCBA members to receive discounts on shipping. The discounts vary according to the type of shipment, but check out uPS for your needs. www.ups.com or 1.800.PiCK.uPS.For IT help:Juris Fabrilis-Cool Tools for lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101.For Shredding and Document Disposal:Magic Shred is a secure shredding business that shreds your docu-ments on-site. Magic Shred offers a 10% discount to TCBA members. Expanco is N.A.i.D. AAA-Certifi ed document-destruction service offer-ing 40% off to TCBA members. Call TCBA offi ce for details on both.

1) The TCBA has 18 Substantive Law Sections offering CLE and networking with members interested in the same areas of law.

2) Reduced rates on CLE (Brown Bags, Luncheons, Section meetings, Last Tuesday CLE)

3) Reduced rates on room rental at the TCBA Bar Center4) Monthly Bar Bulletin (by email or mail) as well as updates on

upcoming events by email5) Community Service Opportunities through the Foundation:

LegalLine, Texas Lawyers for Texas Veterans, Tarrant Volunteer Services; and through community service committees: People’s Law School, Annual Food Drive, Blood Drive, Elder Law Commit-tee, and others

6) Reduced rates on advertising in the Bar Bulletin and on the TCBA website

7) Mentoring or being mentored through the Transition to Practice program

8) Reduced rates on offi ce supplies, Sprint, UPS, shredding docu-ments, and the Fort Worth Zoo

9) And the all-important fun networking opportunities So the next time someone asks you why join the TCBA, please let them know. We thank you for your continued membership. This Bar Association is great because of its members like YOu! if you have any questions regarding your membership, please contact Cindy at the bar offi ce or email her at [email protected] or 817.338.4092. ■

Benefi ts of Membership Why become a member of the Tarrant County Bar As-sociation? Besides wonderful networking opportunities and camaraderie in the legal community, membership has other benefi ts.

November 2015 ■ TCBA BulleTiN 7

Amber

YLASnapshotIn September, TCYlA hosted its

annual TCYlA Golf Tournament at Mira Vista Country Club. The proceeds from the golf tour-nament were donated to the Tarrant County Bar Founda-tion. The donation will provide stipends for Texas A&M law students who are selected as interns for pro bono programs provided through the Tarrant County Bar Foundation. This year TCYlA raised $8,000 to donate to the Bar Foundation! Thank you to all of the sponsors and players of the golf tour-nament for making this donation happen. On October 8, TCYlA hosted Bridging the Gap, a Cle dedicated to teaching our members the practical aspects of practicing law. Nearly forty people attended the event, rang-ing from current law students to recent graduates waiting on their bar results to become newly minted lawyers. Thank you to the following presenters for making this event pos-sible: Vincent Circelli, Susan Smith, Chris lankford, Cody Cofer, Ryan Scharar, Clint Dennis, Chris Stoy, Patrick Rose, Tennessee Walker, Andrea Palmer, and laura Docker. Finally, on December 3, TCYlA is hosting a Christmas party for all of its members. Be sure to check the newsletter for more details to come! ■

Amber AltemosePresident TCYLA

NewMembers

TCBA Welcomes Its

AttorneysShmyla AlamDaniel BarnesKari BohachGrant BostonDawn BoswellVianei BraunJessica BrummJohn R. CallisonStacy FayGrayson GummRonda HaynesConrad HesterRyan HillMark KratovilPaul leopoldMaria MaciasGarrett MartinJade MensBelynda OrtizCarol PauliHannah PenleyZane ReidMatthew RiversMarco Sanchezlee SorrellsTulani Washington

Associateslisa BuckSusan DavisDonna Bromfi eld-DayKimberly SheldonDanisha Thomas

Cindy Wade

StudentsZachery ArtimDavid HenrySarah PierceRachel TaftGordon TruongVince Vela

Page 10: Tarrant County Bar Association November 2015 Bar Bulletin

8 www.tarrantbar.org ■ November 2015

As members of a legal professional association, many of us forget the mystery and anxiety surrounding the legal system by those who have not been ex-

posed to it. We take for granted the general traditions, nu-ances, and terminology that go along with participating in a court proceeding. For many, the initial experience with the courtroom or a legal proceeding occurs during a crisis or when the stakes are high. This is often true of foster parents and foster children who are required to participate in court proceedings during a time of uncertainty, trauma, or crisis. These circumstances make it diffi cult for a foster parent to advocate on behalf of a foster child or otherwise assist the community of people engaged on a foster child’s behalf. Tarrant County Volunteer Attorney Services (TVAS) and Our Community Our Kids (OCOK), a division of ACH Child and Family Services, are working together to help foster care providers, foster parents, and foster children success-fully navigate through the legal process. This legal training project is part of Our Community Our Kids’ Quality Parent-ing initiative (QPi) program. The QPi committee consists of a diverse cross section of community and professional

stakeholders in the foster care system. its overall mission is to strengthen the quality of care provided to children and youth living in foster care by redefi ning the expectations and roles of caregivers and the child welfare system. As part of this project, TVAS is taking advantage of exist-ing resources that educate the public and participants about the foster-care system. These resources include information provided by the Supreme Court Children’s Commission on its website, www.texaschildrenscommission.gov. in 2007, the Texas Supreme Court established the Children’s Commission with the stated goal “of improving the child welfare system by increasing public awareness of challenges facing children and families involved in the child welfare system.” How can you help? TVAS is looking for volunteers expe-rienced in the foster-care system to help develop this project with OCOK. eventually, TVAS anticipates engaging attorney volunteers to speak and educate foster-care providers, foster parents, and foster children in Region 3b (Palo Pinto, Parker, Tarrant, erath, Hood, Somervell, and Johnson counties). if you are interested in volunteering or serving on the foster-care training committee, please contact Megan Cooley at [email protected]. ■

to Develop Legal Training and Education Programsto Benefi t Foster Children

TVAS Partnering withOur Community Our Kids

TARRANT  COUNTY  BAR  ASSOCIATION  PRESENTS  

Join us for ELDER LAW & PROBATE CLE credit at Tarrant County Bar Association Office, 1315 Calhoun Street, Fort Worth

Moderator: Sherry Armstrong, Law Office of Sherry Armstrong

Noon Check In 12:30 pm Drafting Wills and Testamentary Trusts Lisa Jamieson 1:15 pm Basic Issues of Elder Law Karen Telschow Johnson 2:00 pm Break 2:15 pm Basics of Probate Proceedings Dyann McCully, Beth Hampton 3:00 pm What’s New in Guardianship Practice Jeff Arnier, Court Investigator, Probate Court Two, Tarrant County 3:45 pm Adjourn

3 hours of CLE credit requested (This program will be videoed for showing throughout the year.)

----------------------------------------------------------------------------------------------------------- Brown  Bag  Registration:    November  13,  2015  

 _____  $70  TCBA  Member                  _____  $95  non-­TCBA  Member                    _____  $35  TCBA  Member  Staff  

 _____  Brown  Bag  Season  Pass  Holder     _____  $12  for  a  boxed  lunch  

 Add  $5  if  registering  after  November  11  

Please complete this form and return to the TCBA office at 1315 Calhoun Street, Fort Worth, Texas 76102 with a check payable to TCBA or with credit card information. If you have questions, please call Sherry Jones at 817.338.4092 (Fax: 817.335.9238) or email at [email protected]. Name: ___________________________________________________________ Phone: _________________________ Firm: ____________________________________________________________ Fax: ___________________________ Address: _____________________________________________________________ Billing Zip: _____________ Method of Payment: _____ Check _______ Check Number ______ MC ______ Visa _____ Am Ex Credit Card Number: ________________________________________________ Expiration: ______________________ Name on Card: _____________________________________________________ Security Code: __________________

ELDER LAW & PROBATE Things We All Need to Know

November 13, 2015

Brown Bag Seminar Series

Page 11: Tarrant County Bar Association November 2015 Bar Bulletin

November 2015 ■ TCBA BulleTiN 9

As members of a legal professional association, many of us forget the mystery and anxiety surrounding the legal system by those who have not been ex-

posed to it. We take for granted the general traditions, nu-ances, and terminology that go along with participating in a court proceeding. For many, the initial experience with the courtroom or a legal proceeding occurs during a crisis or when the stakes are high. This is often true of foster parents and foster children who are required to participate in court proceedings during a time of uncertainty, trauma, or crisis. These circumstances make it diffi cult for a foster parent to advocate on behalf of a foster child or otherwise assist the community of people engaged on a foster child’s behalf. Tarrant County Volunteer Attorney Services (TVAS) and Our Community Our Kids (OCOK), a division of ACH Child and Family Services, are working together to help foster care providers, foster parents, and foster children success-fully navigate through the legal process. This legal training project is part of Our Community Our Kids’ Quality Parent-ing initiative (QPi) program. The QPi committee consists of a diverse cross section of community and professional

stakeholders in the foster care system. its overall mission is to strengthen the quality of care provided to children and youth living in foster care by redefi ning the expectations and roles of caregivers and the child welfare system. As part of this project, TVAS is taking advantage of exist-ing resources that educate the public and participants about the foster-care system. These resources include information provided by the Supreme Court Children’s Commission on its website, www.texaschildrenscommission.gov. in 2007, the Texas Supreme Court established the Children’s Commission with the stated goal “of improving the child welfare system by increasing public awareness of challenges facing children and families involved in the child welfare system.” How can you help? TVAS is looking for volunteers expe-rienced in the foster-care system to help develop this project with OCOK. eventually, TVAS anticipates engaging attorney volunteers to speak and educate foster-care providers, foster parents, and foster children in Region 3b (Palo Pinto, Parker, Tarrant, erath, Hood, Somervell, and Johnson counties). if you are interested in volunteering or serving on the foster-care training committee, please contact Megan Cooley at [email protected]. ■

stakeholders in the foster care system. its overall mission is

to Develop Legal Training and Education Programsto Benefi t Foster Children

TVAS Partnering withOur Community Our Kids

APPEALSSMYTHE PC

777 MAIN STREET

SUITE 600

FORT WORTH, TX 76102

817-666-9475

WEBSITE: APPEALS.ME

BECAUSE THE PENIS MIGHTIER

GRIEVANCE DEFENSE

GRIFFIN W. COLLIE 2514 BOLL STREET DALLAS, TEXAS 75204214.484.4323 PHONE

www.grievancedefensefortworth.com

When your license, livelihood, and reputation are at stake

Page 12: Tarrant County Bar Association November 2015 Bar Bulletin

10 www.tarrantbar.org ■ November 2015

by Perry CockerellProfilesJudicial

Judge David Hagerman was elected to the 297th District Court in 2014 after Judge everett Young chose not to seek reelection. Judge Hagerman joined the bench in January 2015 after serving twenty-one years with the Tar-rant County District Attorney’s Offi ce. Born and raised in Dallas, Texas, in the South Oak Cliff area, he gradu-ated from David W. Carter High School in 1976. After high school, he majored in accounting at the university of North Texas and earned a Bachelor of Business Administration in 1980, while playing tight end on the football team on a full athletic scholarship. After college he was employed in all phas-es of accounting and became a certifi ed public accountant in 1983 after passing the CPA exam. He practiced accounting for seven years. in 1988, he decided that he needed new challenges and applied to law school and was accepted in 1989 at South Texas College of law. During his third year in law school, he served as an intern with the Harris County District Attorney’s Offi ce. it was during that internship that he fell in love with criminal law. He found it more interesting and exciting than other kinds of law and quite different from his days as an accountant. He even tried his fi rst misdemeanor case during his third year in law school. After graduating from law school in 1991, he took a job for one year at the ellis County District Attorney’s Offi ce pros-ecuting misdemeanor and felony cases. in 1993, he accepted a position with the Tarrant County District Attorney’s Offi ce, where he served through 2014. During his time at the D.A.’s offi ce, he was the Chief Pros-ecutor in the 396th and 372nd Criminal District Courts and Criminal District Court Number 4. He was also the Chief Pros-ecutor of the Metro Narcotics intelligence Coordination unit and prosecutor for the T.C. D.A.’s Gang unit and T.C. D.A’s Drug Task Force. During his tenure as a prosecutor, he tried over 200 jury trials, including 130 felony and 70 misdemeanor cases. What attracted him to criminal law was that the criminal defense system will provide a decisive result of the trial out-come. Trying cases can be quite challenging and exhilarating in a way that only trial attorneys can understand. He always enjoyed his time in the courtroom as a prosecutor. At the same time, he always thought that someday he would be a judge, and he believed that he could run a court effi ciently. in 2014, he decided to run for judge, believing that he had done every-thing he wanted to do in the District Attorney’s Offi ce and that it was time to move to a new challenge. He attributes his suc-cess to his campaign manager and wife, Theresa, “who is the star in this family with the brains and the spirituality as well. i wouldn’t be here today without her.” He said that “Tarrant County is the best place to practice law. it really is. it is collegial, cordial, and professional, and it always has been. i hear of the problems in other counties, and i thank God that i practice in Tarrant County.” He and his wife have two grown sons, James and Jordan, who are both attending college. ■

parkerlawfirm.com2317 Plaza Parkway, Suite 100,

Bedford, Texas 76021

When a serious injury needs serious attention, trust your client to a friend. You can be confident that I will give your referral my utmost attention. My firm returns every call, same day, and prepares your case for trial. In other words, we’ll treat your client like you would treat your client.

Refer your clients to a friend

Changing your perception of personal injury lawyers.

Wrongful Death • Serious Personal Injury • Trucking and Auto Accidents • Bad Faith Insurance Practice

Board Certified • Personal Injury Trial Law Texas Board of Legal Specialization

O: 817.503.9200 C: 817.925.2272

Call me

Other Associations’

Arlington Bar AssociationMeets on the 3rd Wednesday of each month. President, larry Gaydos. For location & information, email [email protected] or call 214.651.5622.

Black Women Lawyers AssociationFor meetings and information, contact Sue Allen, President, at 817.926.5005 or [email protected].

Dee J. Kelly Law Library Welcomes Bar Members! For the latest Texas A&M university School of law library hours and information, please visit http://law.tamu.edu, or call 817.212.3800.

Fort Worth Chapter Association of Legal AdministratorsMeets on the 2nd Tuesday of each month at the City Club, 301 Commerce Street, Fort Worth, 76102. For more information, contact lisa Boyd, 817.339.2478 or [email protected].

Fort Worth Paralegal Association - General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org.

L. Clifford Davis Legal Association (f/k/a TarrantCounty Black Bar Association) holds its meetings on the3rd Tuesday of each month at 6:00 p.m. For more information, contact President Crystal Gayden at 817.496.8408 or by email at [email protected].

MABA (Mexican American Bar Association)Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks 76114. For more information, contact President eloy Sepulveda at 817.332.1285.

Northeast Tarrant County Bar Association (NeTCBA) Meets for Cle luncheons on the 3rd Tuesday of each month at la Hacienda Restaurant, Hwy. 121. Contact President leslie Barrows at 817.481.1583, lbarrows@barrowsfi rm.com.

Tarrant County Criminal Defense Lawyers Association (TCCDlA) Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Randy Bowers at 817.348.8094 or [email protected].

Tarrant County Family Law Bar AssociationMeets at noon on the 4th Tuesday of each month at Family law Center Assembly Room on the 2nd fl oor. For more information, contact President David Kulesz at 817.226.1100 or [email protected].

Tarrant County Probate Bar AssociationMeets on the 1st Thursday of each month at the Petroleum Club—members free, guests $30. For more information, contact Tena Fox, 817.280.0811 or [email protected].

Tarrant County Trial Lawyers AssociationMeets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact John S. Jose at 817.288.8988.

Tarrant County Young Lawyers Association 2015-2016 new Bar Year began September 1, 2015. if you need an application or meeting information, call 817.338.4092, email [email protected], or go to the website at tcyla.org.

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

News & Information

Page 13: Tarrant County Bar Association November 2015 Bar Bulletin

November 2015 ■ TCBA BulleTiN 11

parkerlawfirm.com2317 Plaza Parkway, Suite 100,

Bedford, Texas 76021

When a serious injury needs serious attention, trust your client to a friend. You can be confident that I will give your referral my utmost attention. My firm returns every call, same day, and prepares your case for trial. In other words, we’ll treat your client like you would treat your client.

Refer your clients to a friend

Changing your perception of personal injury lawyers.

Wrongful Death • Serious Personal Injury • Trucking and Auto Accidents • Bad Faith Insurance Practice

Board Certified • Personal Injury Trial Law Texas Board of Legal Specialization

O: 817.503.9200 C: 817.925.2272

Call me

Page 14: Tarrant County Bar Association November 2015 Bar Bulletin

To be eligible for the 100 Club, any law fi rm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the 2015-2016 bar year qualifi es for “The 100 Club”! The fi rms/organi-zations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any fi rm/or-

ganization that qualifi es in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law fi rms and other groups! The new bar year began July 1, so if you missed your renewal invoice in your email, contact Membership Director Cindy Rankin at 817.338.4092 or email her at [email protected].

100 ClubMembers of the 2015-2016

100 ClubAdams Lynch & Loftin P.C.

Albert Neely & Kuhlmann LLPAnderson & Riddle, LLP

Baker Monroe PLLCBakutis McCully & Sawyer PCBarlow Garsek & Simon, LLP

The Barrows Firm, P.C.The Berenson Firm P.C.

Blaies & Hightower, L.L.P.Bourland, Wall & Wenzel, PC

Brackett & Ellis, P.C.Broude Smith & Jennings PC

Brown, Dean, Wiseman, Proctor, Hart & Howell, LLPCantey Hanger LLP

City Attorney’s Offi ce-City of Fort WorthCook Children’s Health Care System

Curnutt & Hafer, L.L.P.Decker Jones, P.C.

Dowell, Pham & Harrison, LLPEdison, McDowell & Hetherington, LLP

Fillmore Law Firm, L.L.P.Forshey & Prostok, L.L.P.Friedman, Suder & CookeGriffi th, Jay, & Michel, LLP

Harrison Steck P.C.Haynes and Boone, L.L.P.

Holland Johns & Penny LLPJackson Walker, L.L.P.Jim Ross & Associates

Johnston Legal Group, P.C.Kelly Hart & Hallman LLP

KoonsFuller, P.C.

Lacy Lyster Malone & Steppick, PLLCLaw, Snakard & Gambill, P.C.

Lively & Associates, LLPLoe, Warren, Rosenfi eld, Kaitcer, Hibbs,

Windsor, Lawrence & Wolffarth, PCMartinez Hsu, P.C.

McDonald Sanders Law FirmMellina & Larson, P.C.

Moses, Palmer & Howell, L.L.P.Murphy Mahon Keffl er Farrier, LLPNaman Howell Smith & Lee, PLLC

Noteboom Law FirmPadfi eld & Stout, LLP

Law Offi ces of Paup, Shutt& Associates, P.C.Phelps Dunbar LLPPlains Capital BankSchneider Law Firm

Second Court of AppealsShannon, Gracey, Ratliff & Miller, LLP

Stephens, Anderson & CummingsSuzanne I. Calvert & Associates

Tarrant County CDA’s Offi ceTaylor Olson Adkins Sralla & Elam, LLPTexas A&M University School of Law

The Wolf Law Firm, P.C.Thompson & Knight, LLP

Underwood Law FirmVarghese Summersett, PLLC

Watson Caraway Midkiff & Luningham L.L.PWhitaker Chalk Swindle & Schwartz PLLC

Wick Phillips Gould & Martin LLPWinstead PC

12 www.tarrantbar.org ■ November 2015

News from

W ith the support of the Tarrant County Young law-yers Association (TCYlA) and Tarrant County Bar Association, the Tarrant County Bar Foundation

has been able to provide stipends to law students from Texas A&M university School of law to assist with Tarrant County Volunteer Attorney Services (TVAS) and Texas lawyers for Texas Veterans – Tarrant County Chapter (TlTV). The Bar Foundation is able to provide the stipends through funds raised by the TCYlA’s annual golf tournament. As interns for the pro bono programs, the law students are able to work with volunteer attorneys for the pro bono programs, screen potential clients, and develop practical legal skills under the supervision of attorneys. During the 2014-2015 school year, Whitley Zachary served as the Bar Foundation’s pro bono intern for the pro-grams. Whitley describes her experience as “an ideal way to learn about the legal needs of this community and how they are being met by the profession. it was amazing to see how judges, attorneys, and non-lawyers come together and volunteer their time and efforts to keep these programs alive and thriving. i look forward to being able to continue work-ing with the programs and contribute as an attorney.” Over the summer, the Bar Foundation was fortunate to have the assistance of two law students through the equal Justice Works AmeriCorps JD program. This program “pro-vides law students with the opportunity to deliver critically needed legal assistance in low-income and underserved communities across the country.” Anna Acosta Kincaid, a 3l at Texas Tech university School of law, graduated from Harvard university in 2010 and was drawn to public interest law during Texas Tech’s Pro Bono Spring Break as a fi rst year law student. During the summer, Anna screened approximately 130 people for pro bono legal appointments through TlTV and TVAS. She also participated in three legal clinics and notes that “[b]eing able to interact with the clients was the most valuable experience for me, whether it was over the phone or in per-

Law Students Provide Their Time and Talentto Assist the Pro Bono Programs

son. it was great to be able to provide that solace for them in addition to facilitating the legal process.” Anna also as-sisted in researching and writing volunteer manuals for the programs. She summarized her experience, “i have learned many valuable lessons and practice tips that i can utilize when i am an attorney. As future lawyers, we have a strong position in society to be a paradigm of social justice and extend help to a broad range of people.” Alexandria Hutchison, a 2l at Texas A&M university School of law, also participated in the equal Justice Works AmeriCorps JD program over the summer. Alexandria at-tended Texas Christian university and has an interest in es-tate planning. “As a participant in the AmeriCorps JD pro-gram, i worked with many populations seeking legal advice, including veterans and homeless persons. My experience with the Foundation provided insight into the legal profes-sion. Not only was i able to get hands-on experience by helping clients at legal advice clinics and connecting them with pro bono attorneys, but i learned valuable skills that will serve me in my future career. Through AmeriCorps JD and the Tarrant County Bar Foundation, i was able to further my professional development in the legal profession.” This fall, the Foundation is glad to have Joseph Vre-check and lynne Nash, both 3ls at Texas A&M university School of law, serve as interns with the pro bono programs. Joey is an Army veteran who served in the iraq war and was a TlTV volunteer prior to his internship. Joey is interested in family and criminal law and was drawn to the internship “because it’s a great opportunity to serve members of our community who may otherwise not have their legal needs met.” lynne Nash worked for the District Court of Mary-land’s ADR program before returning home to Texas to begin law school. lynne is interested in commercial litigation with a focus on trade secrets and has been selected as a member of the Mahon inn of Court this year. She believes working for the bar “will give me the chance to help the Bar’s pro bono programs grow and thrive in our community.” ■

Anna Acosta Kincaid (left) and Alexandria Hutchison Lynne Nash and Joey VrecheckWhitley Zachary

The Tarrant County Bar Foundation

Page 15: Tarrant County Bar Association November 2015 Bar Bulletin

November 2015 ■ TCBA BulleTiN 13

To be eligible for the 100 Club, any law fi rm, government agency, law school, or corporate legal department that has four or more attorneys and attains 100% TCBA membership compliance for the 2015-2016 bar year qualifi es for “The 100 Club”! The fi rms/organi-zations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any fi rm/or-

ganization that qualifi es in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law fi rms and other groups! The new bar year began July 1, so if you missed your renewal invoice in your email, contact Membership Director Cindy Rankin at 817.338.4092 or email her at [email protected].

Adams Lynch & Loftin P.C.Albert Neely & Kuhlmann LLP

Anderson & Riddle, LLPBaker Monroe PLLC

Bakutis McCully & Sawyer PCBarlow Garsek & Simon, LLP

The Barrows Firm, P.C.The Berenson Firm P.C.

Blaies & Hightower, L.L.P.Bourland, Wall & Wenzel, PC

Brackett & Ellis, P.C.Broude Smith & Jennings PC

Brown, Dean, Wiseman, Proctor, Hart & Howell, LLPCantey Hanger LLP

City Attorney’s Offi ce-City of Fort WorthCook Children’s Health Care System

Curnutt & Hafer, L.L.P.Decker Jones, P.C.

Dowell, Pham & Harrison, LLPEdison, McDowell & Hetherington, LLP

Fillmore Law Firm, L.L.P.Forshey & Prostok, L.L.P.Friedman, Suder & CookeGriffi th, Jay, & Michel, LLP

Harrison Steck P.C.Haynes and Boone, L.L.P.

Holland Johns & Penny LLPJackson Walker, L.L.P.Jim Ross & Associates

Johnston Legal Group, P.C.Kelly Hart & Hallman LLP

KoonsFuller, P.C.

Lacy Lyster Malone & Steppick, PLLCLaw, Snakard & Gambill, P.C.

Lively & Associates, LLPLoe, Warren, Rosenfi eld, Kaitcer, Hibbs,

Windsor, Lawrence & Wolffarth, PCMartinez Hsu, P.C.

McDonald Sanders Law FirmMellina & Larson, P.C.

Moses, Palmer & Howell, L.L.P.Murphy Mahon Keffl er Farrier, LLPNaman Howell Smith & Lee, PLLC

Noteboom Law FirmPadfi eld & Stout, LLP

Law Offi ces of Paup, Shutt& Associates, P.C.Phelps Dunbar LLPPlains Capital BankSchneider Law Firm

Second Court of AppealsShannon, Gracey, Ratliff & Miller, LLP

Stephens, Anderson & CummingsSuzanne I. Calvert & Associates

Tarrant County CDA’s Offi ceTaylor Olson Adkins Sralla & Elam, LLPTexas A&M University School of Law

The Wolf Law Firm, P.C.Thompson & Knight, LLP

Underwood Law FirmVarghese Summersett, PLLC

Watson Caraway Midkiff & Luningham L.L.PWhitaker Chalk Swindle & Schwartz PLLC

Wick Phillips Gould & Martin LLPWinstead PC

News from

W ith the support of the Tarrant County Young law-yers Association (TCYlA) and Tarrant County Bar Association, the Tarrant County Bar Foundation

has been able to provide stipends to law students from Texas A&M university School of law to assist with Tarrant County Volunteer Attorney Services (TVAS) and Texas lawyers for Texas Veterans – Tarrant County Chapter (TlTV). The Bar Foundation is able to provide the stipends through funds raised by the TCYlA’s annual golf tournament. As interns for the pro bono programs, the law students are able to work with volunteer attorneys for the pro bono programs, screen potential clients, and develop practical legal skills under the supervision of attorneys. During the 2014-2015 school year, Whitley Zachary served as the Bar Foundation’s pro bono intern for the pro-grams. Whitley describes her experience as “an ideal way to learn about the legal needs of this community and how they are being met by the profession. it was amazing to see how judges, attorneys, and non-lawyers come together and volunteer their time and efforts to keep these programs alive and thriving. i look forward to being able to continue work-ing with the programs and contribute as an attorney.” Over the summer, the Bar Foundation was fortunate to have the assistance of two law students through the equal Justice Works AmeriCorps JD program. This program “pro-vides law students with the opportunity to deliver critically needed legal assistance in low-income and underserved communities across the country.” Anna Acosta Kincaid, a 3l at Texas Tech university School of law, graduated from Harvard university in 2010 and was drawn to public interest law during Texas Tech’s Pro Bono Spring Break as a fi rst year law student. During the summer, Anna screened approximately 130 people for pro bono legal appointments through TlTV and TVAS. She also participated in three legal clinics and notes that “[b]eing able to interact with the clients was the most valuable experience for me, whether it was over the phone or in per-

Law Students Provide Their Time and Talentto Assist the Pro Bono Programs

son. it was great to be able to provide that solace for them in addition to facilitating the legal process.” Anna also as-sisted in researching and writing volunteer manuals for the programs. She summarized her experience, “i have learned many valuable lessons and practice tips that i can utilize when i am an attorney. As future lawyers, we have a strong position in society to be a paradigm of social justice and extend help to a broad range of people.” Alexandria Hutchison, a 2l at Texas A&M university School of law, also participated in the equal Justice Works AmeriCorps JD program over the summer. Alexandria at-tended Texas Christian university and has an interest in es-tate planning. “As a participant in the AmeriCorps JD pro-gram, i worked with many populations seeking legal advice, including veterans and homeless persons. My experience with the Foundation provided insight into the legal profes-sion. Not only was i able to get hands-on experience by helping clients at legal advice clinics and connecting them with pro bono attorneys, but i learned valuable skills that will serve me in my future career. Through AmeriCorps JD and the Tarrant County Bar Foundation, i was able to further my professional development in the legal profession.” This fall, the Foundation is glad to have Joseph Vre-check and lynne Nash, both 3ls at Texas A&M university School of law, serve as interns with the pro bono programs. Joey is an Army veteran who served in the iraq war and was a TlTV volunteer prior to his internship. Joey is interested in family and criminal law and was drawn to the internship “because it’s a great opportunity to serve members of our community who may otherwise not have their legal needs met.” lynne Nash worked for the District Court of Mary-land’s ADR program before returning home to Texas to begin law school. lynne is interested in commercial litigation with a focus on trade secrets and has been selected as a member of the Mahon inn of Court this year. She believes working for the bar “will give me the chance to help the Bar’s pro bono programs grow and thrive in our community.” ■

Anna Acosta Kincaid (left) and Alexandria Hutchison Lynne Nash and Joey VrecheckWhitley Zachary

The Tarrant County Bar Foundation

Page 16: Tarrant County Bar Association November 2015 Bar Bulletin

14 www.tarrantbar.org ■ November 2015

Civil and Criminalby Judge Bob McCoy ■ County Criminal Court No. 3

Snippets

Moses

RamsesRamses

Co-EditorLin Morrisett

Associate JudgeProbate Court

No. 2

Who’s That Street Named After? Granbury Road: General Hiram Bronson Granberry (1831–1864) was killed in the battle of Franklin, Tennessee. The spelling was changed—by mistake?—From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.

Ask Judge BobJudge Bob, Does the jailhouse-witness rule necessitate a jury instruction? unlike the accomplice-witness rule (Article 38.14), which requires an instruction in the jury charge if the accomplice witness testifi es at all, the jailhouse-witness rule (Article 38.075(a)) requires a jury instruction only if the jailhouse wit-ness testifi es about a statement made by the defendant that was against the defendant’s interest.Phillips v. State, 463 S.W.3d 59, 67 (Tex. Crim. App. 2015).

Ask The DanesRamses and Moses, is there such a thing as “pet sitter liabil-ity?” We recommend reading an article in the Texas Dog law Man-ual written by Zandra Anderson, entitled Pet Sitter Liability: A Pearl of Wisdom, on page 208.

The Danes’ Quote Of The Month“He is very imprudent, a dog is. He never makes it his business to inquire whether you are in the right or in the wrong, never bothers as to whether you are going up or down upon life’s ladder, never asks whether you are rich or poor, silly or wise, sinner or saint. Come luck or misfortune, good repute or bad, honor or shame, he is going to stick to you, to comfort you, guard you, and give his life for you.”—Jerome K. Jerome

Criminal Items Of Interest1. Photographs “[T]he trial court does not abuse its discretion by admit-

ting photographs of the victim into evidence merely be-cause they are gruesome.”

Mayreis v. State, 462 S.W.3d 569, 577–78 (Tex. App.—Houston [14th Dist.] 2015).

2 Confrontation Clause “The admission of a lab report created solely by a non-

testifying analyst, without calling that analyst to sponsor it, violates the Confrontation Clause.”Paredes v. State, 462 S.W.3d 510, 517 (Tex. Crim. App. 2015).

3. Contraband “if the contraband is not found on the accused’s person,

independent facts and circumstances may ‘link’ the ac-cused to the contraband such that it may be justifi ably concluded that the accused knowingly possessed the con-traband. . . . The absence of various links does not consti-tute evidence of innocence to be weighed against the links present.”

Tate v. State, 463 S.W.3d 272, 275 (Tex. App.—Fort Worth 2015).

4. Closing Argument “‘Without fi nding Mr. Kelly guilty today justice will not

be done.’ . . . This was the beginning of the State’s closing argument, and the complained-of statement amounted to the State asking the jury to provide law enforcement. . . . We fi nd nothing improper in that statement.”Taylor v. State, 463 S.W.3d 256, 269 (Tex. App.—Texar-kana 2015).

5. Right to Counsel “To establish that a suspect has waived her previously-

invoked right to counsel, the State must prove two things: that the suspect herself initiated further communication with the authorities; and that she thereafter validly waived her right to counsel.”Nelson v. State, 463 S.W.3d 123, 127 (Tex. App.—Houston [1st Dist.] 2015).

6. Same Transaction Contextual Evidence “evidence of another crime may be admissible as ‘same-

transaction contextual evidence,’ as when different crimes are intermixed in such a way that full proof by testimony of any one of them cannot be given without revealing the others.”

Parks v. State, 463 S.W.3d 166, 171 (Tex. App.—Houston [14th Dist.] 2015).

7. Prior Conviction “The State is not required to produce a specifi c document

or specifi c proof because ‘[t]here is no “best evidence” rule in Texas that requires that the fact of a prior convic-tion be proven with any document, much less any specifi c document.’”

Wilmer v. State, 463 S.W.3d 194, 197 (Tex. App.—Ama-rillo 2015).

8. Cell Phone “[T]he united States Supreme Court determined that the

search incident to arrest exception to the warrant require-ment does not extend to a search of data on a lawfully seized cell phone. Riley v. California, 134 S. Ct. 2473 (2014) (‘a warrant is generally required before such a search, even when a cell phone is seized incident to ar-rest’).”

Carter v. State, 463 S.W.3d 218, 224 (Tex. App.—Amarillo 2015).

Civil Items Of Interest1. Out of State Guardian Can’t Sue on Behalf of

Ward “A nonresident guardian of a nonresident ward with no

connection to Texas beyond a possible lawsuit simply has no authority to sue on behalf of the ward in Texas in his capacity as guardian.”

In re Bridgestone Americas Tire Operations, 459 S.W.3d 565, 572 (Tex. 2015).

2. Parent is a Legal Guardian “We disagree with Bonner [58 S.W. 1027] and Herrin [198

S.W.2d 117] to the extent they hold that a child’s parent is not a legal guardian qualifi ed to sue on his child’s behalf in that capacity. under Texas law, a parent has the right to represent his child in legal proceedings and the duty to manage the child’s estate unless a guardian of the estate has been appointed.”

In re Bridgestone Americas Tire Operations, 459 S.W.3d 565, 572 n.9 (Tex. 2015).

3. Legal Suffi ciency Does Not Preclude Factual In-suffi ciency.

“While the overlap between legal and factual suffi ciency is substantial, a legally suffi cient verdict may still be over-turned as factually insuffi cient.”

Victory Energy Corp. v. Oz Gas Corp., 461 S.W.3d 159, 171 (Tex. App.—el Paso 2014).

4. Defamation Pleading Specifi city. “in a defamation case, when a defendant complains that

the statement proved is substantially different from the statement pleaded by the plaintiff, we ask whether the different statements would affect the reader or listener dif-ferently. We look for the ‘gist’ or ‘sting’ of the statement alleged when determining its effect on the listener.”

Iroh v. Igwe, 461 S.W.3d 253, 262 (Tex. App.—Dallas 2015).

5. State Is Not a “Person” Under TMLA “[W]e conclude that the State when bringing suit under

the [Texas Medicaid Fraud Prevention Act] is not a ‘per-son’ within the defi nition of ‘claimant’ under the [Texas Medical liability Act] and, thus, not subject to the expert report requirement.”

Malouf v. State ex rel. Ellis, 461 S.W.3d 641, 647 (Tex. App.—Austin 2015).

6. AG Opinion Not a Prerequisite to Suit in PIA Re-quests

“The City argues, and the court of appeals held, that re-questors of information should be required to exhaust

their remedies in placing disputes before the Attorney General before resorting to the courts. But requestors have no such remedies. While the Attorney General may invite their arguments, they have no right to request or demand a ruling or disclosure from the Attorney General, and no right to an administrative appeal. See Tex. Gov’t Code § 552.304. Requestors cannot be required to fi nish some-thing they have no right to start.”

Kallinen v. City of Hous., 462 S.W.3d 25, 28 (Tex. 2015).

7. Public Utilities Commission has Exclusive Initial Jurisdiction Over Electric Reliability

“We conclude eRCOT is not a governmental unit as that term is used in [Tex. Civ. Prac. & Rem. Code §] 101.001(3)(D). For that reason, we must also conclude that this Court does not have jurisdiction over HWY 3’s interlocu-tory appeal.”

HWY 3 MHP v. Elec. Reliability Council, 462 S.W.3d 204, 206 (Tex. App.—Austin 2015).

Quote of the MonthThere are three kinds of lies, lies, damned lies, and statistics.—Mark Twain

Legal Quote of the MonthJudges ought to be more learned than witty, more reverend than plausible, and more advised than confi dent. Above all things, integrity is their portion and proper virtue.—Frances Bacon, Of Judicature

Old NewsOffi cially, the longest war in history was between the Nether-lands and the isles of Scilly, which lasted from 1651 to 1986. There were no casualties. The Anglo-Zanzibar war of 1896 is the shortest war on record lasting an exhausting 38 minutes.—25 Strange Facts F rom History that You Probably Didn’t Learn in School, http://list25.com/25-strange-facts-from-his-tory-you-probably-didnt-learn-in-school/ (last accessed Sept. 28, 2015.) ■

Page 17: Tarrant County Bar Association November 2015 Bar Bulletin

November 2015 ■ TCBA BulleTiN 15

8. Cell Phone “[T]he united States Supreme Court determined that the

search incident to arrest exception to the warrant require-ment does not extend to a search of data on a lawfully seized cell phone. Riley v. California, 134 S. Ct. 2473 (2014) (‘a warrant is generally required before such a search, even when a cell phone is seized incident to ar-rest’).”

Carter v. State, 463 S.W.3d 218, 224 (Tex. App.—Amarillo 2015).

Civil Items Of Interest1. Out of State Guardian Can’t Sue on Behalf of

Ward “A nonresident guardian of a nonresident ward with no

connection to Texas beyond a possible lawsuit simply has no authority to sue on behalf of the ward in Texas in his capacity as guardian.”

In re Bridgestone Americas Tire Operations, 459 S.W.3d 565, 572 (Tex. 2015).

2. Parent is a Legal Guardian “We disagree with Bonner [58 S.W. 1027] and Herrin [198

S.W.2d 117] to the extent they hold that a child’s parent is not a legal guardian qualifi ed to sue on his child’s behalf in that capacity. under Texas law, a parent has the right to represent his child in legal proceedings and the duty to manage the child’s estate unless a guardian of the estate has been appointed.”

In re Bridgestone Americas Tire Operations, 459 S.W.3d 565, 572 n.9 (Tex. 2015).

3. Legal Suffi ciency Does Not Preclude Factual In-suffi ciency.

“While the overlap between legal and factual suffi ciency is substantial, a legally suffi cient verdict may still be over-turned as factually insuffi cient.”

Victory Energy Corp. v. Oz Gas Corp., 461 S.W.3d 159, 171 (Tex. App.—el Paso 2014).

4. Defamation Pleading Specifi city. “in a defamation case, when a defendant complains that

the statement proved is substantially different from the statement pleaded by the plaintiff, we ask whether the different statements would affect the reader or listener dif-ferently. We look for the ‘gist’ or ‘sting’ of the statement alleged when determining its effect on the listener.”

Iroh v. Igwe, 461 S.W.3d 253, 262 (Tex. App.—Dallas 2015).

5. State Is Not a “Person” Under TMLA “[W]e conclude that the State when bringing suit under

the [Texas Medicaid Fraud Prevention Act] is not a ‘per-son’ within the defi nition of ‘claimant’ under the [Texas Medical liability Act] and, thus, not subject to the expert report requirement.”

Malouf v. State ex rel. Ellis, 461 S.W.3d 641, 647 (Tex. App.—Austin 2015).

6. AG Opinion Not a Prerequisite to Suit in PIA Re-quests

“The City argues, and the court of appeals held, that re-questors of information should be required to exhaust

their remedies in placing disputes before the Attorney General before resorting to the courts. But requestors have no such remedies. While the Attorney General may invite their arguments, they have no right to request or demand a ruling or disclosure from the Attorney General, and no right to an administrative appeal. See Tex. Gov’t Code § 552.304. Requestors cannot be required to fi nish some-thing they have no right to start.”

Kallinen v. City of Hous., 462 S.W.3d 25, 28 (Tex. 2015).

7. Public Utilities Commission has Exclusive Initial Jurisdiction Over Electric Reliability

“We conclude eRCOT is not a governmental unit as that term is used in [Tex. Civ. Prac. & Rem. Code §] 101.001(3)(D). For that reason, we must also conclude that this Court does not have jurisdiction over HWY 3’s interlocu-tory appeal.”

HWY 3 MHP v. Elec. Reliability Council, 462 S.W.3d 204, 206 (Tex. App.—Austin 2015).

Quote of the MonthThere are three kinds of lies, lies, damned lies, and statistics.—Mark Twain

Legal Quote of the MonthJudges ought to be more learned than witty, more reverend than plausible, and more advised than confi dent. Above all things, integrity is their portion and proper virtue.—Frances Bacon, Of Judicature

Old NewsOffi cially, the longest war in history was between the Nether-lands and the isles of Scilly, which lasted from 1651 to 1986. There were no casualties. The Anglo-Zanzibar war of 1896 is the shortest war on record lasting an exhausting 38 minutes.—25 Strange Facts F rom History that You Probably Didn’t Learn in School, http://list25.com/25-strange-facts-from-his-tory-you-probably-didnt-learn-in-school/ (last accessed Sept. 28, 2015.) ■

Classifi edAdvertising

Classifi ed ads will no longer appear in the Bulletin, but can be found on the website www.tarrantbar.org

NOTICE

Page 18: Tarrant County Bar Association November 2015 Bar Bulletin

16 www.tarrantbar.org ■ November 2015

In an effort to honor Native Americans for their contribu-tions, achievements, sacrifi ces, and cultural and historical legacy of the original inhabitants of the united States, No-

vember has been declared National Native American Heri-tage Month. Sadly, though, according to the May 11, 2015, issue of The National law Journal, Native American lawyers in the u.S. feel overlooked both as a minority group and in their in-dividual careers. A comprehensive survey commissioned by the Native American Bar Association has found that their pal-try numbers will not grow without focused efforts to recruit and retain them in the profession. Native Americans, who include American indians, Alas-ka natives, and native Hawaiians, together comprise 1.6 per-cent of the u.S. population, but less than half a percent of all lawyers. By contrast, African-Americans comprise 4.2 percent of lawyers; while Hispanics and Asian-Americans each account for 5.1 percent, according to the u.S. Bureau of labor Sta-tistics. Many lawyer diversity studies fail to include Native Americans, thus making them virtually invisible. The survey further reported that Native American attor-neys felt excluded and had experienced demeaning comments or other types of harassment based on their race, ethnicity, and/or tribal affi liation. This exclusion persisted even while working with racial/ethnic minority attorneys and/or groups

National Native AmericanHeritage Month

that focused on diversity and inclusion in the profession. Native Americans are not being seen as an important part of diversity and inclusion efforts for several reasons. There is a lack of understanding about Native American histories, experiences, and ongoing challenges. They are not seen as a group that requires deliberate focus because of their relatively small numbers. Discrimination is not taken as seriously be-cause it seems different from the discrimination experienced by other racial/ethnic minority groups. Offenses being ig-nored because the small numbers make them seem like iso-lated instances and because it feels “natural” to do so, after centuries of this being the case. Native American women reported even more exclusion and denial of opportunity than Native American men. More-over, the younger female lawyers are perceived to be less pro-fessional and competent because of their age. The Diversity Committee will make efforts to include Na-tive American lawyers within the diversity umbrella so that they are not overlooked. if you are interested in our commitment to the inclu-sion of all in the legal profession and would like to join our committee, please contact Chair Angel Williams [email protected] or Staff liaison Cindy Rankin at [email protected]. Article submitted by Angel Williams, Diversity Commit-tee Chair 2015-2016 ■

Read more:http://www.nationallawjournal.com/id=1202725932570/Native-Americans-Left-Behind#ixzz3nowF8b7q

Diversity Spotlight Law Offi ces of Jason Smith

Board Certifi ed Civil Appellate Law

Amerian Board of Trial Advocates

Trials and AppealsEmployment, Personal Injury, Insurance

letsgotocourt.com

Jason Smith817.334.0880

600 8th AveueFort Worth, TX 76104

Page 19: Tarrant County Bar Association November 2015 Bar Bulletin

In an effort to honor Native Americans for their contribu-tions, achievements, sacrifi ces, and cultural and historical legacy of the original inhabitants of the united States, No-

vember has been declared National Native American Heri-tage Month. Sadly, though, according to the May 11, 2015, issue of The National law Journal, Native American lawyers in the u.S. feel overlooked both as a minority group and in their in-dividual careers. A comprehensive survey commissioned by the Native American Bar Association has found that their pal-try numbers will not grow without focused efforts to recruit and retain them in the profession. Native Americans, who include American indians, Alas-ka natives, and native Hawaiians, together comprise 1.6 per-cent of the u.S. population, but less than half a percent of all lawyers. By contrast, African-Americans comprise 4.2 percent of lawyers; while Hispanics and Asian-Americans each account for 5.1 percent, according to the u.S. Bureau of labor Sta-tistics. Many lawyer diversity studies fail to include Native Americans, thus making them virtually invisible. The survey further reported that Native American attor-neys felt excluded and had experienced demeaning comments or other types of harassment based on their race, ethnicity, and/or tribal affi liation. This exclusion persisted even while working with racial/ethnic minority attorneys and/or groups

National Native AmericanHeritage Month

that focused on diversity and inclusion in the profession. Native Americans are not being seen as an important part of diversity and inclusion efforts for several reasons. There is a lack of understanding about Native American histories, experiences, and ongoing challenges. They are not seen as a group that requires deliberate focus because of their relatively small numbers. Discrimination is not taken as seriously be-cause it seems different from the discrimination experienced by other racial/ethnic minority groups. Offenses being ig-nored because the small numbers make them seem like iso-lated instances and because it feels “natural” to do so, after centuries of this being the case. Native American women reported even more exclusion and denial of opportunity than Native American men. More-over, the younger female lawyers are perceived to be less pro-fessional and competent because of their age. The Diversity Committee will make efforts to include Na-tive American lawyers within the diversity umbrella so that they are not overlooked. if you are interested in our commitment to the inclu-sion of all in the legal profession and would like to join our committee, please contact Chair Angel Williams [email protected] or Staff liaison Cindy Rankin at [email protected]. Article submitted by Angel Williams, Diversity Commit-tee Chair 2015-2016 ■

Read more:http://www.nationallawjournal.com/id=1202725932570/Native-Americans-Left-Behind#ixzz3nowF8b7q

Diversity Spotlight

November 2015 ■ TCBA BulleTiN 17

Page 20: Tarrant County Bar Association November 2015 Bar Bulletin

18 www.tarrantbar.org ■ November 2015

In Memoriam

Dixon W. Holman

The former Texas Second Court of Appeals Justice Dixon W. Holman

passed away Saturday, September 26, 2015, after a battle with cancer. He was 81 years old. Services were held at Trin-ity united Methodist Church in Arling-ton, Texas. Justice Holman was born October 17, 1933, in Harlingen to Dixon J. Hol-man and Ruth Stovall Holman. He was a proud descendant of his great-great-grandfather, James S. Holman, who

was the fi rst mayor of Houston. upon graduating from Paschal High School in 1951, he enrolled at the university of Texas at Austin, where he re-ceived his B.B.A. in 1955. He received his J.D. from the uni-versity of Texas Sc hool of law in 1958. While at Texas, he was a proud member of the Texas Cowboys, Silver Spurs, and Phi Delta Theta Fraternity. While Justice Holman was still in law school, at the age of 23, he was elected from Tarrant County as a member of the Texas House of Representatives. in 1958, Justice Holman married the love of his life, Sha-ron Green, and then began practicing law in downtown Fort Worth with the fi rm of Simon Ratliff. His son, Dixon, was born in 1960, and his daughter, Mary Claire, in 1962. He was very active in the community of Arlington as chair of the Planning & Zoning Commission, City Council member for three terms, chairman of the Chamber of Commerce, and vice president of the North Central Texas Council of Govern-ments. He was a member of the Arlington Downtown Rotary Club (Paul Harris Fellow), Arlington and Tarrant County Advi-sory Councils of the Salvation Army, the Sons of the Republic of Texas, and the Sons of the American Revolution. He returned to private practice in 1971 and helped estab-lish the Arlington law fi rm of Cribbs, McFarland & Holman with partners James Cribbs and the late Senator Bob McFar-land. He stayed with the fi rm until 1981, when Governor Bill Clements appointed him to the Second Court of Appeals in Fort Worth. in 1990, Justice Holman was nominated by President George H.W. Bush to serve as united States District Judge, but due to a mild heart attack, he withdrew his name from the consideration. He was appointed to judicial offi ces by Gov-ernors Ann Richards and George W. Bush, and he served as a trial court judge and appellate court justice for twenty-fi ve years. Justice Holman was awarded the Silver Gavel Award by the Tarrant County Bar Association as outstanding jurist. He was a Fellow of the College of State Bar of Texas and a life Fellow of both the Tarrant County Bar Foundation and the Texas Bar Foundation. At the age of 36, Dixon began a parallel career as a foot-ball offi cial. Through relentless work and discipline, he rose within just a few short years to college offi ciating. He became one of the original instant replay offi cials for the National Football league. Above all else, Justice Holman was a loving husband, father and grandfather. He is survived by his wife of 57 years, Sharon Holman, his son Dixon and wife lisa of Arlington, his daughter Mary Claire Sullivan and husband Kelly of Fort Worth and 7 grandchildren. ■

Dinner served at 5:30pm for all volunteers!Bring a friend - We always need volunteers.

09/10/2015Norma BazánBill BowersJoe ColvinSylvia DuarteClayton everettGeorge lockwoodScott PhillipsSandra ThompsonStaff Carolina

09/24/2015Joe ColvinSylvia DuarteJoshua GrahamBryce KingGeorge lockwoodScott PhillipsSandra ThompsonDavid ReedVeronica VeyhlStaff Carolina

Please consider donating two hours of your time the 2nd and 4th Thursday, January through November from 6-8pm. legalline is a valuable community service outreach program that needs your time and skills. if you are interested in volunteering or sponsoring, please contact Carolina at 817.338.4092 or email [email protected].

Refreshments provided by the Tarrant County Bar Foundation

Thank you to these volunteers:

Please visit our website for a complete list of upcoming events.

www.tarrantbar.org

alendar of EventsC

Page 21: Tarrant County Bar Association November 2015 Bar Bulletin

In Memoriam

Dixon W. Holman

The former Texas Second Court of Appeals Justice Dixon W. Holman

passed away Saturday, September 26, 2015, after a battle with cancer. He was 81 years old. Services were held at Trin-ity united Methodist Church in Arling-ton, Texas. Justice Holman was born October 17, 1933, in Harlingen to Dixon J. Hol-man and Ruth Stovall Holman. He was a proud descendant of his great-great-grandfather, James S. Holman, who

was the fi rst mayor of Houston. upon graduating from Paschal High School in 1951, he enrolled at the university of Texas at Austin, where he re-ceived his B.B.A. in 1955. He received his J.D. from the uni-versity of Texas Sc hool of law in 1958. While at Texas, he was a proud member of the Texas Cowboys, Silver Spurs, and Phi Delta Theta Fraternity. While Justice Holman was still in law school, at the age of 23, he was elected from Tarrant County as a member of the Texas House of Representatives. in 1958, Justice Holman married the love of his life, Sha-ron Green, and then began practicing law in downtown Fort Worth with the fi rm of Simon Ratliff. His son, Dixon, was born in 1960, and his daughter, Mary Claire, in 1962. He was very active in the community of Arlington as chair of the Planning & Zoning Commission, City Council member for three terms, chairman of the Chamber of Commerce, and vice president of the North Central Texas Council of Govern-ments. He was a member of the Arlington Downtown Rotary Club (Paul Harris Fellow), Arlington and Tarrant County Advi-sory Councils of the Salvation Army, the Sons of the Republic of Texas, and the Sons of the American Revolution. He returned to private practice in 1971 and helped estab-lish the Arlington law fi rm of Cribbs, McFarland & Holman with partners James Cribbs and the late Senator Bob McFar-land. He stayed with the fi rm until 1981, when Governor Bill Clements appointed him to the Second Court of Appeals in Fort Worth. in 1990, Justice Holman was nominated by President George H.W. Bush to serve as united States District Judge, but due to a mild heart attack, he withdrew his name from the consideration. He was appointed to judicial offi ces by Gov-ernors Ann Richards and George W. Bush, and he served as a trial court judge and appellate court justice for twenty-fi ve years. Justice Holman was awarded the Silver Gavel Award by the Tarrant County Bar Association as outstanding jurist. He was a Fellow of the College of State Bar of Texas and a life Fellow of both the Tarrant County Bar Foundation and the Texas Bar Foundation. At the age of 36, Dixon began a parallel career as a foot-ball offi cial. Through relentless work and discipline, he rose within just a few short years to college offi ciating. He became one of the original instant replay offi cials for the National Football league. Above all else, Justice Holman was a loving husband, father and grandfather. He is survived by his wife of 57 years, Sharon Holman, his son Dixon and wife lisa of Arlington, his daughter Mary Claire Sullivan and husband Kelly of Fort Worth and 7 grandchildren. ■

Page 22: Tarrant County Bar Association November 2015 Bar Bulletin

It’s All Happening at the

BAR

Criminal Law MixerCriminal Law MixerCriminal Law Mixer

October Docket Call

September Docket Call

20 www.tarrantbar.org ■ November 2015

It’s All Happening at the at the at the

BARNew Member Reception

Page 23: Tarrant County Bar Association November 2015 Bar Bulletin

It’s All Happening at the

BAR

Criminal Law MixerCriminal Law MixerCriminal Law Mixer

October Docket Call

September Docket Call

It’s All Happening at the at the at the

BARNew Member Reception

November 2015 ■ TCBA BulleTiN 21

Page 24: Tarrant County Bar Association November 2015 Bar Bulletin

22 www.tarrantbar.org ■ November 2015

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On Injured Reserve?SM

Trustworthy Counsel to get you back in the game.SM

817.926.1003 / Fax [email protected]

201 Main Street / Suite 600 / Fort Worth, Texas 76102

Page 25: Tarrant County Bar Association November 2015 Bar Bulletin

On Injured Reserve?SM

Trustworthy Counsel to get you back in the game.SM

817.926.1003 / Fax [email protected]

201 Main Street / Suite 600 / Fort Worth, Texas 76102

November 2015 ■ TCBA BulleTiN 23

Page 26: Tarrant County Bar Association November 2015 Bar Bulletin

24 www.tarrantbar.org ■ November 2015

Lawyers on the Move &in the NewsKelly Hart & Hallman LLP is pleased to announce the hir-ing of four new associates to the Fort Worth offi ce. All four are 2015 graduates from area law schools. John B. Phair joins the fi rm as an associate in the Corporate and Securities Practice Group. John received his Bachelor of Arts from An-gelo State university and his J.D. from Texas Tech university School of law. Ryan M. Roper joins the fi rm as an associate in the litigation Practice Group. Ryan earned his Bachelor of Business Administration from the university of Georgia and received his J.D. from Baylor university School of law. J.G. Joakim Soederbaum joins the fi rm as an associate in the litigation Practice Group. Joakim graduated, summa cum laude, from Texas Wesleyan university. He received his J.D., summa cum laude, from Texas A&M university School of law. Beth E. Thurman joins the fi rm as an associate in the Real estate and Finance Practice Group. Beth received her Bachelor of Arts in Political Science and graduated from Northwestern university. in addition to her undergraduate degree, Beth earned her Masters in Business Administra-tion from Texas A&M university. She received her J.D. from Texas A&M university School of law, graduating second in her class.

Sherry Armstrong has declared her professi onal indepen-dence and is pleased to announce the opening of her own law practice: The law Offi ce of Sherry R. Armstrong PllC, 3000 east loop 820, Fort Worth, Texas 76112, 682.215.7404.

Sherry will be serving clients in Tarrant County as legal counsel on Criminal Defense issues.■

Elliott Garsek

■ Practiced law for more than 40 years■ Negotiated and resolved numerous multi-million

dollar transactions and disputes■ Regularly listed as one of the nation’s top attorneys

in publications such as The Legal News,Best Lawyers in America, Fort Worth, Texas Magazine, and Super Lawyers

■ Serves or has served on boards of directors for public and private institutions

Christian Dennie

Mediation from Both Sides of the Practice

■ Tried more than 40 cases before judges, juries, administrative panels, and arbitrators, and has argued before courts of appeals and administrative bodies

■ Litigated contentious multi-million dollar disputes and negotiated multi-million dollar transactions with some of the most arduous and diffi cult adversaries

■ Panelist serving as a neutral for mediations and arbitrations presented to, among others, AAA, National Arbitration Forum, Construction Dispute Resolution Services, USCIB, LCIA, and American Health Lawyers DRS

■ Adjunct professor at Texas A&M University School of Law andSouthern Methodist University

817.731.4500 ■ 920 Foch Street ■ Fort Worth, Texas 76107 ■ www.bgsfi rm.com

Mediation and Arbitration Serviceslocated in the West 7th St. corridor in a modern space with ample parking

Advertisers’ Index

Help us make sure

No Kid Goes HungryTarrant County Food Drive

September 20 through November 15If your fi rm wants more information, contact Michele Rayburn or Edwin Jenson, II

[email protected] • erj@jensen-law-fi rm.com

To make a tax deductible donation, make your check payable to: Tarrant County Bar Foundation and send to ANNUAL FOOD DRIVE • Tarrant County Bar Association1315 Calhoun Street • Fort Worth, Texas 76102

DeBORAH ADAMe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24BARlOW GARSeK & SiMON, llP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24THe COllie FiRM PllC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9FORT WORTH J.S.B. COMPANieS, iNC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15JuRiS FABRiliS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16KOONSFulleR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iNSiDe FRONT COVeRTHe lAW OFFiCe OF GReG JACKSON P.l.l.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23lAW OFFiCeS OF JASON SMiTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16lAW OFFiCeS OF STeVeN C. lAiRD, P.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19lAWPAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16leXiSNeXiS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iNSiDe BACK COVeRPARKeR lAW FiRM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11SMYTHe PC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9SOuTHSiDe BANK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22STePHeNS ANDeRSON & CuMMiNGS . . . . . . . . . . . . . . . . . . . . . . . . . BACK COVeRTeXAS lAWYeRS’ iNSuRANCe eXCHANGe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22TiNDAll SQuARe OFFiCe COMPleX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Page 27: Tarrant County Bar Association November 2015 Bar Bulletin
Page 28: Tarrant County Bar Association November 2015 Bar Bulletin

PRESORTEDSTANDARD

U. S. POSTAGE PAIDFORT WORTH, TX

PERMIT 1807

BAR BULLETIN • November 2015Tarrant County Bar Association1315 Calhoun StreetFort Worth, Texas 76102-6504

ADDRESS SERVICE REQUESTED

if any of your contact information is incorrect, please submit your corrected information to the TCBA office at 817.338.4092, fax to817.335.9238 or e-mail to [email protected]

Jason Stephens is licensed in Texas and Oklahoma. Seth Anderson is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. John Cummings

is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and in Civil Trial Law by the National Board of Trial Advocacy.

personal injury | wrongful death

truck & auto litigation | referral fees honored

C a l l u s t o day

817.920.9000 | STEPHENSANDERSON.COM 817.920.9000 | STEPHENSANDERSON.COM

W h e n

T h e g a m ei s o n t h e l i n e ,

h a n d t h e b a l l o f f t o t h e g u y s

p r o v e n t o

g O t h e e x t r a y a r d .

) )

&

STEPGENL5003_Ad_Concepts_3.625x10_R4.indd 1 9/2/15 3:54 PM

NATIONAL ADOPTION DAY

Don’t Forget Your Donation

of a Stuffed Bear Bring bears to the TCBA office

8:30am – 4:30pm, M-F • 1315 Calhoun Street

For more information, call TCBF at 817.338.4092

8:00am - Noon FRIDAY, NOVEMBER 20, 2015 Tarrant County Family Law Center 248 East Weatherford Street