TCBA Bulletin July-August 2015

BulletinJuly/August 2015

David E. KeltnerTCBA President2015-2016

by David E. Keltner

David

President’s page

I am proud to be a lawyer. i became a lawyer because of my father, ed Keltner. He saw the dignity of the

law and understood that it was the great leveler between the haves and have-nots. in his mind, it was the one place where fairness could be achieved. i still think that is true. The prac-tice of law now touches the most ba-

sic foundations of society. We are in-volved in business formation, transactions, governmental compliance, and the trial of disputes. But the law touches even more basic needs when it deals with family and par-ent/child disputes, juvenile trauma, and criminal justice. All are noble pursuits. even though many make fun of us and try to regulate us, at some point in their life—they will need us. And the great thing about the law is that we will help them be-cause everybody deserves a fair shake. So, i want to thank Dad for my inheritance of his love of the law.

Thanks to Mike Henry. Mike Henry redefi ned the role of TCBA President. And he made it look easy. Mike enjoys the respect of his fellow lawyers, and when he asked them to help they did not say “no.” As a result, he invigorated volunteer committees working on the Bar Bulletin and pro bono projects.

Thanks to our volunteers. We appreciate all of you who volunteer your time and efforts to work on our committees. last year, our commu-nity service and pro-bono projects involved over 200 vol-unteers. The Bar Association sent you a committee form that gives you an opportunity to get involved. Just say “Yes,” like hundreds of lawyers before you who made this Association strong. if you missed the email, contact the Bar offi ces for a committee form.

Thanks to the Board of Directors. Our Board is strong and dedicated. Demographically, of the 14 members, 5 are sole practitioners, 5 are with fi rms of fi ve or fewer attorneys, and 4 are from larger fi rms. Board members practice in diverse areas, includ-ing family, criminal, civil trial, appellate, and transactional practices.

Thanks to the Tarrant County Bar Foundation. The Foundation is our partner in success. The Foun-dation raises the money that funds our expanding commu-nity service programs and pro bono projects. Those efforts require staff and training that we simply cannot afford. We appreciate everything the Foundation does and urge your support. Membership in the Foundation is an honor and carries a commitment to fi nancially aid the Foundation in its support of our community services and pro bono pro-grams. When you are invited to join as a Fellow, please say “Yes,” and join in this impressive effort.

Welcome to the Tom Vandergriff Civil Courts Building. in mid-July, all the civil district courts will move to the new Tom Vandergriff Civil Courts Building. each court is electronically tricked out. There are individual monitors for lawyers, jurors, wit-nesses, and judges. All you need to bring is your laptop or tab-let. in addition to plug-and-play capability, each courtroom has a document camera (a/k/a elmo), video conferencing capability, and an enhanced audio system. like the Family Courts Building, each court has a judge’s conference room and two conference rooms for lawyers and clients. The well of the new district courtrooms are approximately fi fty percent wider and deeper than the existing courtrooms in the Tim Curry Criminal Courts building. With seating for ten to twelve persons in the well, these new courtrooms will comfort-ably accommodate three and four party litigation. For the cases that need an even larger venue, the new court-house also has an oversized courtroom which is designed to ac-commodate six to eight parties and their counsels. it can accom-modate a 125 person venire panel which can be used in any case needing a panel of more than sixty panel members. This oversized courtroom has the potential to be a show-place. The Bar Association and the Bar Foundation are in the preliminary stages of working with the judiciary to help make this potential a reality. Hopefully, the Association and the Foundation will have more to report on this next month. A courthouse like this doesn’t come about by accident. The civil district judges convinced the Tarrant County Commissioners of the need for a new civil courthouse. The Commissioners of Tar-rant County had the foresight to appoint a Civil Court Advisory Committee, composed of attorneys and judges, to assist in the design of the courtroom facilities. This committee, chaired by Dee Kelly and Judge David evans, spearheaded the design project. The results are spectacular.

Thanks to Dee Kelly. There is no hiding that Mr. Kelly is my senior partner, but i am going to brag on him anyway. As we know from his contri-butions to the Bar Center, he is also a generous and dedicated lawyer. What you might not know is that Mr. Kelly volunteered to fund the build-out of the new Civil Courts Buildings lawyers’ lounge. He believed that hard working lawyers need a place to prepare and relax. Mr. Kelly insisted that it have electronic hook-ups and a streaming TV. The new lawyers’ lounge will be our third, as we already have lounges in the Curry Criminal Justice Center and in the Fam-ily law Courts Building. Just like the other lounges, the Associa-tion will provide coffee service.

Upcoming Events. The fi rst event of the new bar year will be the Annual Mem-bership luncheon with the new State Bar of Texas President Allan K. DuBois. Mark your calendars for Tuesday, July 14 at 11:45 a.m. at the City Club. (Please note the location change.) ■

July/August 2015 ■ TCBA BulleTin 1

by David E. Keltner

David

President’s page

I am proud to be a lawyer. i became a lawyer because of my father, ed Keltner. He saw the dignity of the

law and understood that it was the great leveler between the haves and have-nots. in his mind, it was the one place where fairness could be achieved. i still think that is true. The prac-tice of law now touches the most ba-

sic foundations of society. We are in-volved in business formation, transactions, governmental compliance, and the trial of disputes. But the law touches even more basic needs when it deals with family and par-ent/child disputes, juvenile trauma, and criminal justice. All are noble pursuits. even though many make fun of us and try to regulate us, at some point in their life—they will need us. And the great thing about the law is that we will help them be-cause everybody deserves a fair shake. So, i want to thank Dad for my inheritance of his love of the law.

Thanks to Mike Henry. Mike Henry redefi ned the role of TCBA President. And he made it look easy. Mike enjoys the respect of his fellow lawyers, and when he asked them to help they did not say “no.” As a result, he invigorated volunteer committees working on the Bar Bulletin and pro bono projects.

Thanks to our volunteers. We appreciate all of you who volunteer your time and efforts to work on our committees. last year, our commu-nity service and pro-bono projects involved over 200 vol-unteers. The Bar Association sent you a committee form that gives you an opportunity to get involved. Just say “Yes,” like hundreds of lawyers before you who made this Association strong. if you missed the email, contact the Bar offi ces for a committee form.

Thanks to the Board of Directors. Our Board is strong and dedicated. Demographically, of the 14 members, 5 are sole practitioners, 5 are with fi rms of fi ve or fewer attorneys, and 4 are from larger fi rms. Board members practice in diverse areas, includ-ing family, criminal, civil trial, appellate, and transactional practices.

Thanks to the Tarrant County Bar Foundation. The Foundation is our partner in success. The Foun-dation raises the money that funds our expanding commu-nity service programs and pro bono projects. Those efforts require staff and training that we simply cannot afford. We appreciate everything the Foundation does and urge your support. Membership in the Foundation is an honor and carries a commitment to fi nancially aid the Foundation in its support of our community services and pro bono pro-grams. When you are invited to join as a Fellow, please say “Yes,” and join in this impressive effort.

Welcome to the Tom Vandergriff Civil Courts Building. in mid-July, all the civil district courts will move to the new Tom Vandergriff Civil Courts Building. each court is electronically tricked out. There are individual monitors for lawyers, jurors, wit-nesses, and judges. All you need to bring is your laptop or tab-let. in addition to plug-and-play capability, each courtroom has a document camera (a/k/a elmo), video conferencing capability, and an enhanced audio system. like the Family Courts Building, each court has a judge’s conference room and two conference rooms for lawyers and clients. The well of the new district courtrooms are approximately fi fty percent wider and deeper than the existing courtrooms in the Tim Curry Criminal Courts building. With seating for ten to twelve persons in the well, these new courtrooms will comfort-ably accommodate three and four party litigation. For the cases that need an even larger venue, the new court-house also has an oversized courtroom which is designed to ac-commodate six to eight parties and their counsels. it can accom-modate a 125 person venire panel which can be used in any case needing a panel of more than sixty panel members. This oversized courtroom has the potential to be a show-place. The Bar Association and the Bar Foundation are in the preliminary stages of working with the judiciary to help make this potential a reality. Hopefully, the Association and the Foundation will have more to report on this next month. A courthouse like this doesn’t come about by accident. The civil district judges convinced the Tarrant County Commissioners of the need for a new civil courthouse. The Commissioners of Tar-rant County had the foresight to appoint a Civil Court Advisory Committee, composed of attorneys and judges, to assist in the design of the courtroom facilities. This committee, chaired by Dee Kelly and Judge David evans, spearheaded the design project. The results are spectacular.

Thanks to Dee Kelly. There is no hiding that Mr. Kelly is my senior partner, but i am going to brag on him anyway. As we know from his contri-butions to the Bar Center, he is also a generous and dedicated lawyer. What you might not know is that Mr. Kelly volunteered to fund the build-out of the new Civil Courts Buildings lawyers’ lounge. He believed that hard working lawyers need a place to prepare and relax. Mr. Kelly insisted that it have electronic hook-ups and a streaming TV. The new lawyers’ lounge will be our third, as we already have lounges in the Curry Criminal Justice Center and in the Fam-ily law Courts Building. Just like the other lounges, the Associa-tion will provide coffee service.

Upcoming Events. The fi rst event of the new bar year will be the Annual Mem-bership luncheon with the new State Bar of Texas President Allan K. DuBois. Mark your calendars for Tuesday, July 14 at 11:45 a.m. at the City Club. (Please note the location change.) ■

2 www.tarrantbar.org ■ July/August 2015

Tarrant County Bar Association817.338.4092 ■ Fax 817.335.9238website: www.tarrantbar.orge-mail: [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 DirectorsGeff AndersonDwayne Smith

Tarrant County Young Lawyers Association, President2015 SpringChris Stoy

2015 FallAmber Altemose

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 BulletinMary Stallings Denuccio

Director of Communicationsand Development

[email protected] 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 e-mailed 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

3

1 President’s Page

5 Tarrant County Young lawyers Association

6 Mary Stallings Denuccio - TCBA’s newest Staff Member

6 100 Club Members

7 news from The Bar Foundation

9 Transition to Practice

9 legalline

10 Snippets

12 Other Associations’ news & information

16 lawyers on the Move & in the news

17 Texas lawyers for Texas Veterans

20 TVAS

23 lawyer Referral and information Service

25 in Memorian - Harris / Whittenberg

In every issue 23 Advertisers’ index 28 Classified Advertising

August Docket Call

3 Cle Membership luncheon

4 2015 Charity Golf Tournament

8 Judge Mark Pittman

CLE Membership Luncheonto be Held Tuesday, July 14

Allan K. DuBois, 2015-2016 president of the State Bar of Texas, is a solo practitioner at the law Offi ce of Allan K. DuBois, P.C., in San Antonio, where he

handles civil litigation and appeals, mediation, and arbi-tration. He is a trustee and grants chair of the Texas Bar Foundation and has served on the State Bar of Texas Board

of Directors, executive Committee, Professional Development Program Committee, and nominations and elections Committee. Mr. DuBois has also served as an advisor to the State Bar of Texas Alternative Dispute Resolution and Military and Veterans law sections and the Texas lawyers’ Assistance Program and legal Services to the Poor committees. He is a former president of the San Antonio Bar Association, a founding member and current volunteer attorney for Texas law-yers for Texas Veterans, a former member of the District 10 Grievance Committee Professional enhancement Panel, and a Sustaining life Fellow of the Texas Bar Foundation. Mr. DuBois received a B.A. in english from the univer-sity of Texas and was an Army ROTC Distinguished Military Graduate in 1967. He earned a J.D. from the university of Texas School of law in 1970. ■

Topic: State Of The State Bar

Mr. DuBois’ topic will be “State Of The State Bar”, after which the new Tarrant County Bar Association Board of Directors will be introduced and offi cially inaugurated.

This year’s luncheon, co-hosted by the Tarrant County Bar Associa-tion & the Fort Worth-Tarrant County Young Lawyers Association will be held at the City Club 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 advanced reservations and guests and walk-ins will be $31. Dress is business casual—suits and ties not required.

To make your reservations, please contact Sherry at 817.338.4092 or [email protected], or go to the calendar section of our web-site at www.tarrantbar.org. For directions and contact information, please visit the City Club website at www.cityclub-ftw.com.

You will be glad to know that the fee for the Brown Bag Season Pass remains at $125! The Brown Bag Commit-

tee typically schedules seven three-hour seminars annually. The September seminar provides attorneys with the required annual three hours of ethics credit. This year’s Juvenile law Seminar will provide four hours of Cle credit that will work toward the six hour requirement for juvenile court appoint-ments. The Appellate Section sponsors a seminar annually, and the committee determines topics for the other four semi-nars. This year’s committee chair is Mark Anderson of the Anderson law Firm. if you have any suggestions for topics that might appeal to a fairly broad group of attorneys, please contact Chair Mark Anderson at 817.294.1900 or [email protected], or Sherry, at 817.338.4092 or [email protected]. ■

Brown Bag

14 it’s All Happening at the Bar

19 national Adoption Day

26 Texas Advanced Paralegal Seminar

SPONSORSHIPSSponsorships are Tax Deductible and available for $400

Your sponsorship will include a tee box sign, recognition in promotional materials, recognition at the awards ceremony and tournament, and 10% off 1 team entry.

All sponsorship funds will benefi t the Tarrant County Bar Foundation, which was established in 1997 to support and expand its commitments to “justice, service, and professionalism” by funding important community service projects. These projects include crucial legal services to needy citizens and education

of the public about their rights and responsibilities under the law.

For more information please contact [email protected]

6600 Mira Vista Blvd, Fort Worth, TX 76132 www.miravistacountryclub.com

1:00 PM Shotgun Start • $125 per Golfer4 Person Team Scramble. Register as a team or individually.

Winning Team, Closest to the Pin, and Longest Drive

Players: 1. Email

2. Email

3. Email

4. Email

Please submit the entry form with your check made payableto TCYLA to 1315 Calhoun Street, Fort Worth, TX 76102.

You may also fax your form to 817-335-9238 oremail it to [email protected] Clark Rucker at [email protected] further questions.

Golfers: x $125 = $

Apply Sponsor Discount (10%) $ [ ]

Separate $400 Check to TCBF Enclosed

Total Amount Paid $

Entry Form

4

5

8

14

19


CLE Membership Luncheonto be Held Tuesday, July 14

Allan K. DuBois, 2015-2016 president of the State Bar of Texas, is a solo practitioner at the law Offi ce of Allan K. DuBois, P.C., in San Antonio, where he

handles civil litigation and appeals, mediation, and arbi-tration. He is a trustee and grants chair of the Texas Bar Foundation and has served on the State Bar of Texas Board

of Directors, executive Committee, Professional Development Program Committee, and nominations and elections Committee. Mr. DuBois has also served as an advisor to the State Bar of Texas Alternative Dispute Resolution and Military and Veterans law sections and the Texas lawyers’ Assistance Program and legal Services to the Poor committees. He is a former president of the San Antonio Bar Association, a founding member and current volunteer attorney for Texas law-yers for Texas Veterans, a former member of the District 10 Grievance Committee Professional enhancement Panel, and a Sustaining life Fellow of the Texas Bar Foundation. Mr. DuBois received a B.A. in english from the univer-sity of Texas and was an Army ROTC Distinguished Military Graduate in 1967. He earned a J.D. from the university of Texas School of law in 1970. ■

Topic: State Of The State Bar

Mr. DuBois’ topic will be “State Of The State Bar”, after which the new Tarrant County Bar Association Board of Directors will be introduced and offi cially inaugurated.

This year’s luncheon, co-hosted by the Tarrant County Bar Associa-tion & the Fort Worth-Tarrant County Young Lawyers Association will be held at the City Club 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 advanced reservations and guests and walk-ins will be $31. Dress is business casual—suits and ties not required.

To make your reservations, please contact Sherry at 817.338.4092 or [email protected], or go to the calendar section of our web-site at www.tarrantbar.org. For directions and contact information, please visit the City Club website at www.cityclub-ftw.com.

You will be glad to know that the fee for the Brown Bag Season Pass remains at $125! The Brown Bag Commit-

tee typically schedules seven three-hour seminars annually. The September seminar provides attorneys with the required annual three hours of ethics credit. This year’s Juvenile law Seminar will provide four hours of Cle credit that will work toward the six hour requirement for juvenile court appoint-ments. The Appellate Section sponsors a seminar annually, and the committee determines topics for the other four semi-nars. This year’s committee chair is Mark Anderson of the Anderson law Firm. if you have any suggestions for topics that might appeal to a fairly broad group of attorneys, please contact Chair Mark Anderson at 817.294.1900 or [email protected], or Sherry, at 817.338.4092 or [email protected]. ■

Brown Bag

Graciously Sponsored by

Docket Call SocialThursday, August 20, 2015

5:00 p.m.Come on over and spend a little time

making new friends and visiting with old friends.

Location

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

For more information and photos, please find us on Facebook.

Stay CONNECTED to Us

Tarrant County Bar Association-Fort Worth, Tx

@tarrantbar









Players: 1. Email

2. Email

3. Email

4. Email



Golfers: x $125 = $



Total Amount Paid $

Entry Form


Chris

Chris StoyPresident, TCYLA

YLASnapshot

It’s hard to believe we’re already in the dog days of summer here in Tarrant

County. Before we know it, school will be starting back up and a new crop of young lawyers will enter the prac-tice of law. it seems like only yesterday i began my fi rst day as a bright-eyed associ-ate, setting out to change the world. now, i’m sitting at my desk writing my last snap-shot for the Bar Bulletin. As my TCYlA presidential term comes to an end, i can’t help

but look back and be proud of the board members with whom i have served over the last fi ve years. i would like to thanks those who served before me and taught me so much and those who came after me and made TCYlA events such a success. i look forward to passing the presidential torch on to Amber Altemose, who will undoubtedly carry it on with success. When the last Tarrant County Bar Bulletin was pub-lished, we were still awaiting a fi nal tally of the proceeds

generated by the 2015 Ballin‘ for a Cause 3-on-3 Basketball Tournament. i am proud to announce that the tournament itself generated $2,258.00 and that the Tarrant County Bar Foundation generously donat-ed $2,800 on top of that for a total of $5,058.00 that has been donated to Big Brothers Big Sisters – Tarrant County. We also received a grant from the Texas Young lawyers Association to help underwrite the costs. Special thanks to the participants, our donors and ev-eryone else who made this event possible. in June, TCYlA hosted a trivia night at World of Beers. Teams of four competed in four rounds of trivia with cat-egories including civil law, criminal law, legal history, pop culture with a legal theme, and science with a legal theme. The fi nal two teams then competed in a lightening round to determine the winner. The proceeds generated from the event were donated to MHMR of Tarrant County. A great time was had by all. Special thanks to Cody Cofer for plan-ning a successful event. The TCBA and TCYlA 2015 Charity Golf Tournament is right around the corner. The tournament is on Monday, September 28, 2015 at Mira Vista Country Club. Get your teams together now and don’t miss the chance to play this awesome course! if you’d like to sponsor a hole or sign up to play please contact Clark Rucker at [email protected]. Hole sponsors will also receive a discount on team entry fees. Remember, TCYlA hosts monthly Cle lunches at Reata. We have an incredible group of speakers lined up for the next few months including Sharen Wilson on July 21, 2015; J. Warren St. John on August 18, 2015; and Steve laird on September 15, 2015. if you are interested in joining TCYlA and participating in any of our great events, please feel free to contact me at [email protected]. Thanks again to all our members and see you at the next event! ■Ballin ‘ for a Cause 3-on-3 Basketball Tournament.










Players: 1. Email

2. Email

3. Email

4. Email



Golfers: x $125 = $



Total Amount Paid $

Entry Form

Chris

Chris StoyPresident, TCYLA

YLASnapshot

It’s hard to believe we’re already in the dog days of summer here in Tarrant

County. Before we know it, school will be starting back up and a new crop of young lawyers will enter the prac-tice of law. it seems like only yesterday i began my fi rst day as a bright-eyed associ-ate, setting out to change the world. now, i’m sitting at my desk writing my last snap-shot for the Bar Bulletin. As my TCYlA presidential term comes to an end, i can’t help

but look back and be proud of the board members with whom i have served over the last fi ve years. i would like to thanks those who served before me and taught me so much and those who came after me and made TCYlA events such a success. i look forward to passing the presidential torch on to Amber Altemose, who will undoubtedly carry it on with success. When the last Tarrant County Bar Bulletin was pub-lished, we were still awaiting a fi nal tally of the proceeds

generated by the 2015 Ballin‘ for a Cause 3-on-3 Basketball Tournament. i am proud to announce that the tournament itself generated $2,258.00 and that the Tarrant County Bar Foundation generously donat-ed $2,800 on top of that for a total of $5,058.00 that has been donated to Big Brothers Big Sisters – Tarrant County. We also received a grant from the Texas Young lawyers Association to help underwrite the costs. Special thanks to the participants, our donors and ev-eryone else who made this event possible. in June, TCYlA hosted a trivia night at World of Beers. Teams of four competed in four rounds of trivia with cat-egories including civil law, criminal law, legal history, pop culture with a legal theme, and science with a legal theme. The fi nal two teams then competed in a lightening round to determine the winner. The proceeds generated from the event were donated to MHMR of Tarrant County. A great time was had by all. Special thanks to Cody Cofer for plan-ning a successful event. The TCBA and TCYlA 2015 Charity Golf Tournament is right around the corner. The tournament is on Monday, September 28, 2015 at Mira Vista Country Club. Get your teams together now and don’t miss the chance to play this awesome course! if you’d like to sponsor a hole or sign up to play please contact Clark Rucker at [email protected]. Hole sponsors will also receive a discount on team entry fees. Remember, TCYlA hosts monthly Cle lunches at Reata. We have an incredible group of speakers lined up for the next few months including Sharen Wilson on July 21, 2015; J. Warren St. John on August 18, 2015; and Steve laird on September 15, 2015. if you are interested in joining TCYlA and participating in any of our great events, please feel free to contact me at [email protected]. Thanks again to all our members and see you at the next event! ■Ballin ‘ for a Cause 3-on-3 Basketball Tournament.


The Bar FoundationNews from

J. Zach Burt and Chair of TLTV Wes Cooper.

Did you know that the Tarrant County Bar Founda-tion (“Bar Foundation”), with your support, un-derwrites and supports a number of community service programs, including the national Adoption

Day event described in this issue? Big Brothers Big Sisters, the nation’s largest volunteer supported mentoring network for young children, is one of the programs supported by the Bar Foundation. in March 2015, the TCBA, Tarrant County Big Brothers Big Sisters, and Tarrant County Young lawyers Association joined forces to host a “Ballin’ for a Cause” Basketball Tournament. The Bar Foundation helped under-write the event. income from the event will help by offset-ting some of Big Brothers Big Sisters’ expenses associated with “matching” at-risk children with volunteers. The tour-nament resulted in funds raised for at-risk youth, and the receipt of the Outstanding Partnership Program Award from the State Bar of Texas by TCBA, the Bar Foundation, and the Tarrant County Young lawyers Association. The Outstanding Partnership Program award recognizes note-worthy partnership efforts between local bar associations and non-legal entities. You can support the community programs underwrit-ten by the Bar Foundation by joining a TCBA committee for the 2015-2016 bar year. Check your email for the committee form or contact the TCBA for more information. Financial resources utilized by the Bar Foundation come from contributions from our local community and commu-nity at-large. Recently, the educational and charitable works of our legal community with support of the Bar Foundation have received even broader fi nancial support through grants from local and statewide organizations. in May 2015, the Litigation Section of the State Bar of Texas awarded the Bar Foundation a grant that will enable its pro bono pro-grams to develop an online registration system for its legal clinics. This grant will allow the pro bono programs to serve a larger population of low income individuals and veterans. “The litigation Section annually awards grants to promote educational and charitable activities that improve the ad-ministration of our justice system, advance public educa-tion and understanding of the judicial system, and are sen-sitive to the needs of the public and legal profession. The

litigation Section Grant Program seeks to support and promote programs which

improve and support the Texas justice system through research, services, publications, institutes, forums and public education.” Another example of this broader

recognition and support is the recent

grant to the Bar Foundation provided by the Corporate Counsel Section of the State Bar of Texas to support the pro bono programs’ corporate counsel initiative. This ini-tiative is intended to encourage pro bono participation by corporate counsel and legal departments by educating them about the pro bono opportunities in Tarrant County, as well as providing an organized system for participation through the Bar Foundation’s pro bono programs. if you or your organization were unable to attend the complimentary Cle in April and would like to earn free Cle while learning about pro bono opportunities, contact Megan Cooley at [email protected]. Current participants in the initiative include J. Zach Burt, Vice President of Mineral Management at Bank of Texas, who represented a client at TVAS’s uncontested divorce clinic in April and volunteered at TlTV’s May legal clinic. ■

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.

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This “Wall of Honor”is Reserved

Membersof the

100 Club

To be eligible for the 100 Club, any law fi rm, govern-ment 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 qual-ifi es for “The 100 Club”! The fi rms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year. Any fi rm/organization that qualifi es in the future will have its name published in every issue of the Bar Bul-letin 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]. ■

Bakutis McCully & Sawyer PCFillmore Law Firm, L.L.P.

Harrison Steck P.C.Law Offi ces of Paup, Shutt & Associates, P.C.

Loe, Warren, Rosenfi eld, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, PC

Martinez Hsu, P.C.Moses, Palmer & Howell, L.L.P.

Murphy Mahon Keffl er Farrier, LLPNoteboom Law FirmPlains Capital Bank

Texas A & M School of LawVarghese, Summersett & Smith, PLLC

Watson Caraway Midkiff & Luningham L.L.P.


The Bar FoundationNews from

J. Zach Burt and Chair of TLTV Wes Cooper.

Did you know that the Tarrant County Bar Founda-tion (“Bar Foundation”), with your support, un-derwrites and supports a number of community service programs, including the national Adoption

Day event described in this issue? Big Brothers Big Sisters, the nation’s largest volunteer supported mentoring network for young children, is one of the programs supported by the Bar Foundation. in March 2015, the TCBA, Tarrant County Big Brothers Big Sisters, and Tarrant County Young lawyers Association joined forces to host a “Ballin’ for a Cause” Basketball Tournament. The Bar Foundation helped under-write the event. income from the event will help by offset-ting some of Big Brothers Big Sisters’ expenses associated with “matching” at-risk children with volunteers. The tour-nament resulted in funds raised for at-risk youth, and the receipt of the Outstanding Partnership Program Award from the State Bar of Texas by TCBA, the Bar Foundation, and the Tarrant County Young lawyers Association. The Outstanding Partnership Program award recognizes note-worthy partnership efforts between local bar associations and non-legal entities. You can support the community programs underwrit-ten by the Bar Foundation by joining a TCBA committee for the 2015-2016 bar year. Check your email for the committee form or contact the TCBA for more information. Financial resources utilized by the Bar Foundation come from contributions from our local community and commu-nity at-large. Recently, the educational and charitable works of our legal community with support of the Bar Foundation have received even broader fi nancial support through grants from local and statewide organizations. in May 2015, the Litigation Section of the State Bar of Texas awarded the Bar Foundation a grant that will enable its pro bono pro-grams to develop an online registration system for its legal clinics. This grant will allow the pro bono programs to serve a larger population of low income individuals and veterans. “The litigation Section annually awards grants to promote educational and charitable activities that improve the ad-ministration of our justice system, advance public educa-tion and understanding of the judicial system, and are sen-sitive to the needs of the public and legal profession. The

litigation Section Grant Program seeks to support and promote programs which

improve and support the Texas justice system through research, services, publications, institutes, forums and public education.” Another example of this broader

recognition and support is the recent

grant to the Bar Foundation provided by the Corporate Counsel Section of the State Bar of Texas to support the pro bono programs’ corporate counsel initiative. This ini-tiative is intended to encourage pro bono participation by corporate counsel and legal departments by educating them about the pro bono opportunities in Tarrant County, as well as providing an organized system for participation through the Bar Foundation’s pro bono programs. if you or your organization were unable to attend the complimentary Cle in April and would like to earn free Cle while learning about pro bono opportunities, contact Megan Cooley at [email protected]. Current participants in the initiative include J. Zach Burt, Vice President of Mineral Management at Bank of Texas, who represented a client at TVAS’s uncontested divorce clinic in April and volunteered at TlTV’s May legal clinic. ■

Medi8withHughes.comJohn W. Hughes

8 1 7 . 2 9 1 . 4 1 4 7

One of the nation’smost experienced and respected mediators.

8


Judge Mark Pittman is the newest District Judge in Tarrant Coun-ty having been appointed to the 352nd District Court by Governor Rick Perry on January 8, 2015. He succeeds Judge Bonnie Sudderth, who was appointed to the Second Court of Appeals. His background as an attorney is unique and quite remarkable. As a practicing lawyer, Judge Pittman went from trying some of the smallest of cases in local Jus-tice of the Peace Courts to trying some of the largest dam-age cases in united States history in the Court of Federal Claims in Washington, D.C. Judge Pittman grew up in Rising Star and Cooper, Texas, “where lawyers spent most of their time at the courthouse practicing anything they could,” he said. After graduating magna cum laude from Texas A&M university in 1996, he was accepted to the university of Texas School of law and graduated in 1999. After law school he moved to Fort Worth to join Kelly, Hart & Hallman. He was only at the fi rm for a year before Federal Judge eldon Mahon tapped him to be his law clerk. He could not pass up the opportunity, realizing that it was the only chance to work for such a distinguished judge, who would become his mentor and in-spiration. “Tarrant County is the best place to practice law and Fort Worth is the best kept secret in the country, Judge Mahon would always say, and i agree with him.” He kept in contact with Judge Mahon after his retirement. After his federal clerkship ended in 2001, he went back to Kelly, Hart & Hallman and practiced state and federal litigation, including signifi cant appellate litigation in the Fifth Circuit Court of Appeals. in 2004 his career changed drastically when he moved to Washington, D.C. to join the Department of Justice’s Commercial litigation Branch–national Courts Section and practiced before the Court of international Trade in new York, handling complex in-ternational import-export cases, and the Court of Federal Claims,in D.C., handling sophisticated multi-million dollar lawsuits involving fi nancial institution failures and govern-ment contract disputes. His fi rst case had damages of over $250 million. A colleague’s advice to him was, “That is a small case for this offi ce. Just handle it. You will be fi ne.” He did and won the case after many months of intense days in trial. in 2006, life in Washington D.C. would change for him as his wife Katrina had her fi rst child and this later prompt-ed them to return to Fort Worth to raise a family. looking back, he said that he “couldn’t think of a better way to get experience than working for the united States.” His time in D.C. was memorable and he “never imagined that he would represent the united States in a federal court across the street from the White House or in new York City.” in 2007, Judge Pittman joined the Civil Division in the u.S. Attorney’s Offi ce in Fort Worth, handling trials and ap-peals ranging from wrongful death, malpractice, employ-

ment litigation, immigration, false claims, and products li-ability. in 2009 he moved to the Federal Deposit insurance Corporation in Dallas, where he conducted investigations, prosecuted administrative claims, and served as lead coun-sel in signifi cant prosecutions involving bank failures. in 2011, he joined the Securities and exchange Commission in Fort Worth where he worked on securities enforcement cas-es. Then in 2014, he was detailed as a criminal prosecutor in the economic Crimes Division of the u.S. Attorney’s Of-fi ce in Dallas to prosecute complex fi nancial crimes. All of his experiences with the federal government were marked with consistent outstanding performance and rewards for jobs well done. Judge Pittman and his wife, Katrina, now have three children and enjoy living in Fort Worth, where he always liked practicing law with the collegial and professional at-torneys in Tarrant County. “The attorneys in Tarrant County are a great group of lawyers who fi ght tooth and nail for their clients, but when it’s all over they are cordial and treat each other with respect.” How does he know that Tarrant County is the best place to practice law? “Because i have practiced in so many other jurisdictions.” He noted that attorneys in Tarrant County “don’t have to read the Dondi opinion. We know how to treat each other. i expect the same thing for myself as i do attorneys: Show up at hearings on time, be prepare d, and treat each other with respect.” ■

by Perry Cockrell


Judge Mark Pittman is the newest District Judge in Tarrant Coun-ty having been appointed to the 352nd District Court by Governor Rick Perry on January 8, 2015. He succeeds Judge Bonnie Sudderth, who was appointed to the Second Court of Appeals. His background as an attorney is unique and quite remarkable. As a practicing lawyer, Judge Pittman went from trying some of the smallest of cases in local Jus-tice of the Peace Courts to trying some of the largest dam-age cases in united States history in the Court of Federal Claims in Washington, D.C. Judge Pittman grew up in Rising Star and Cooper, Texas, “where lawyers spent most of their time at the courthouse practicing anything they could,” he said. After graduating magna cum laude from Texas A&M university in 1996, he was accepted to the university of Texas School of law and graduated in 1999. After law school he moved to Fort Worth to join Kelly, Hart & Hallman. He was only at the fi rm for a year before Federal Judge eldon Mahon tapped him to be his law clerk. He could not pass up the opportunity, realizing that it was the only chance to work for such a distinguished judge, who would become his mentor and in-spiration. “Tarrant County is the best place to practice law and Fort Worth is the best kept secret in the country, Judge Mahon would always say, and i agree with him.” He kept in contact with Judge Mahon after his retirement. After his federal clerkship ended in 2001, he went back to Kelly, Hart & Hallman and practiced state and federal litigation, including signifi cant appellate litigation in the Fifth Circuit Court of Appeals. in 2004 his career changed drastically when he moved to Washington, D.C. to join the Department of Justice’s Commercial litigation Branch–national Courts Section and practiced before the Court of international Trade in new York, handling complex in-ternational import-export cases, and the Court of Federal Claims,in D.C., handling sophisticated multi-million dollar lawsuits involving fi nancial institution failures and govern-ment contract disputes. His fi rst case had damages of over $250 million. A colleague’s advice to him was, “That is a small case for this offi ce. Just handle it. You will be fi ne.” He did and won the case after many months of intense days in trial. in 2006, life in Washington D.C. would change for him as his wife Katrina had her fi rst child and this later prompt-ed them to return to Fort Worth to raise a family. looking back, he said that he “couldn’t think of a better way to get experience than working for the united States.” His time in D.C. was memorable and he “never imagined that he would represent the united States in a federal court across the street from the White House or in new York City.” in 2007, Judge Pittman joined the Civil Division in the u.S. Attorney’s Offi ce in Fort Worth, handling trials and ap-peals ranging from wrongful death, malpractice, employ-

ment litigation, immigration, false claims, and products li-ability. in 2009 he moved to the Federal Deposit insurance Corporation in Dallas, where he conducted investigations, prosecuted administrative claims, and served as lead coun-sel in signifi cant prosecutions involving bank failures. in 2011, he joined the Securities and exchange Commission in Fort Worth where he worked on securities enforcement cas-es. Then in 2014, he was detailed as a criminal prosecutor in the economic Crimes Division of the u.S. Attorney’s Of-fi ce in Dallas to prosecute complex fi nancial crimes. All of his experiences with the federal government were marked with consistent outstanding performance and rewards for jobs well done. Judge Pittman and his wife, Katrina, now have three children and enjoy living in Fort Worth, where he always liked practicing law with the collegial and professional at-torneys in Tarrant County. “The attorneys in Tarrant County are a great group of lawyers who fi ght tooth and nail for their clients, but when it’s all over they are cordial and treat each other with respect.” How does he know that Tarrant County is the best place to practice law? “Because i have practiced in so many other jurisdictions.” He noted that attorneys in Tarrant County “don’t have to read the Dondi opinion. We know how to treat each other. i expect the same thing for myself as i do attorneys: Show up at hearings on time, be prepare d, and treat each other with respect.” ■

by Perry Cockrell Transition to PracticeThe July Transition to Prac-

tice luncheon will be at noon on Wednesday, July 22. This ethics Cle will host Judge Jennifer Rymell, County Court at law no. 2, and earl Har-crow, both former members of the State Bar ethics/Grievance Committee. The two will talk about things that get attorneys in trouble and prompt grievance charges. This is always a fun program with Judge Rymell and earl talking about past cases that they have seen and reminding the attorneys what to watch for to keep a grievance from being fi led. The next Transition to Practice luncheon will be Wednes-day, September 23! Mark your calendar. Mentors, don’t for-get to meet with your Mentee on the months we don’t meet together. if you know of anyone licensed 10 years or more and might be interested in being a Mentor, please tell them to contact the TCBA. if you know any newly licensed at-torneys (3 years or less) who are interested in joining the program, tell them to contact [email protected]. ■

Thank you to these volunteers:

Please consider donating two hours of your time the 2nd and 4th Thursday, January through november from 6-8pm. Bring a friend.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].

04/09/2015Sylvia DuarteClayton EverettBryce KingGeorge LockwoodFranklin MooreScott PhillipsStaff - Trisha GrahamFood Sponsor byTarrant County Bar Foundation

04/23/2015Norma BazánChris BrownJoe ColvinSylvia DuarteClayton EverettGeorge LockwoodScott PhillipsStaff – Carolina Ibarra Food Sponsor byTarrant County Bar Foundation

05/14/2015Norma BazánJoe ColvinDanielle DulaneyScott PhillipsStaff – Carolina IbarraFood Sponsorby Norma Bazán

05/28/2015Chris BrownJoe Colvin Sylvia DuarteClayton EverettAna GonzalezJoshua GrahamBryce KingGeorge LockwoodJohn PennScott PhillipsSandra ThompsonStaff – Carolina IbarraFood Sponsor byJoshua Graham & Associates

We always need volunteers!!!



@tarrantbar

APPEALSSMYTHE PC

777 MAIN STREET

SUITE 600

FORT WORTH, TX 76102

817-666-9475

WEBSITE: APPEALS.ME

BECAUSE THE PENIS MIGHTIER


Civil Items Of Interest1. Sua Sponte Review of Subject-Matter Jurisdic-

tion “A court is obliged to determine whether it has subject-

matter jurisdiction and must consider the question sua sponte even if it is not challenged by a party.”

Dewolf v. Kohler, 452 S.W.3d 373, 382 (Tex. App.—Houston [14th Dist.] 2014).

2. Exclusive Admiralty Proceeding “[A]n in rem suit against a vessel is . . . distinctively an

admiralty proceeding and is hence within the exclusive province of the federal courts.”

Id.

3. State Agency Rules Presumed Valid “We presume that an agency rule is valid, and the party

challenging the rule has the burden of demonstrating its invalidity. To establish a rule’s facial invalidity, the challenger must show that the rule (1) contravenes spe-cifi c statutory language; (2) is counter to the statute’s general objectives; or (3) imposes additional burdens, conditions, or restrictions in excess of or inconsistent with the relevant statutory provisions.”

Harlingen Family Dentistry v. Texas HSSC, 452 S.W.3d 479, 481 (Tex. App.—Austin 2014) (internal citations omitted).

4. Refusal of Suspension of Judgment “A governmental entity’s notice of appeal does not de-

prive a trial court of discretion to refuse suspension of its judgment if the appellee posts security in accordance with TRAP 24.2(a)(3).”

In Re State Board for Educator Certifi cation, 452 S.W.3d 802, 809 (Tex. App.—Austin 2014).

5. Actual Notice is Not Service “[A]ctual notice without proper service is the same as

no service.” Bank of NY Mellon v. Redbud 115 Land Trust., 452

S.W.3d 868, 871 (Tex. App.—Dallas 2014).

6. Appellate Court Mandate “When an appellate court reverses a trial court’s deci-

sion and remands the case to the trial court, the trial court is authorized to take all actions that are necessary to give full effect to the appellate court’s judgment and mandate. The trial court has no authority to take an ac-tion that is inconsistent with or beyond the scope of that which is necessary to give full effect to the appellate court’s judgment and mandate.”

Henry v. Masson, 453 S.W.3d 43, 48 (Tex. App.—Hous-ton [1st Dist.] 2014)(internal citations omitted).

7. Substantial Evidence in State Agency Orders “’[S]ubstantial evidence’ in this sense does not mean a

large or considerable amount of evidence—in fact, the evidence may even preponderate against the agency’s fi nding—but requires only such relevant evidence as a reasonable mind might accept as adequate to support a fi nding of fact.”

Emp. Ret. Sys. of Tex. v. Garcia, 454 S.W.3d 121, 132 (Tex. App.—Austin 2014).

Quote Of The Month “it shall be my endeavor to manifest by overt acts, the purity of my inclinations for promoting the happiness of mankind, as well as the sincerity of my desires to contribute whatever may be in my power towards preservation of the civil and religious liberties of the American people.”George Washington, ”Old South letters,” no. 65, p. 3.

Legal Quote of the Monthin case of dissension, never dare to judge till you’ve heard the other side.Euripides

Old NewsThe term “maverick” is derived from the name Samuel A. Maverick (1803-1870), an early Texas lawyer, pioneer, signa-tory of the Texas Declaration of independence, Texas legisla-tor, and mayor of San Antonio. Maverick refused to brand his cattle, and thus, unbranded cattle that were not part of the herd became known as “mavericks.”Crutchfi eld, James A. 1996. It Happened in Texas. Helena, MT: Falcon Press, and Wikipedia, Samuel Maverick, re-viewed May 13, 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?Kimzey Street - Truett Kimzey owned a TV and Radio store on Vickery. He signed up Bob Willis for a show during every morning (Bob Willis and his band) in 1931 and started him on his way to being an outstanding band leader.From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.

Ask Judge BobJudge Bob, What is an “eTJ”?it stands for the extraterritorial jurisdiction of municipali-ties. See Tex. local Gov’t Code Ann. § 42.021 and Bizios v. Town of Lakewood Village, 453 S.W.3d (Tex. App.—Fort Worth 2014) n.1.

Ask The DanesRamses and Moses, is dog fi ghting il-legal in Texas? Yes, and the statute covers a wide range of persons who may be charged under the statute, and it may be a state jail felony. See Tex. Penal Code § 42.10.

The Danes’ QuoteOf The Month“A living dog is better than a dead lion.”ecclesiastes 9:4.

Criminal Items Of Interest1. Community Caretaking Function “Whether an offi cer properly invoked his community-

caretaking function requires a two-step inquiry: (1) whether the offi cer was primarily motivated by a com-munity-caretaking purpose; and (2) whether the offi cer’s belief that the individual needed help was reasonable. The Court of Criminal Appeals listed four non-exclusive factors to determine whether an offi cer was legitimately acting to give assistance (i.e., was the offi cer’s belief the individual needed help reasonable):

(1) the nature and level of the distress exhibited by the individual;

(2) the location of the individual; (3) whether the individual was alone and/or had access

to assistance independent of that offered by the offi cer; and

(4) to what extent the individual—if not assisted—pre-sented a danger to himself or others.”

Lemming v. State, 454 S.W.3d 78, 84 (Tex. App.—Texar-kana 2014)(internal citations omitted).

2. Defense of a Third Party “The defendant must admit to the conduct—act and cul-

pable mental state—of the charged offense to be entitled to the instruction.”Henley v. State, 454 S.W.3d 106, 114 (Tex. App.—Fort Worth 2014).

3. Terry Stop “An offi cer may search a detainee’s vehicle if the offi cer

has a reasonable belief based on specifi c and articulable facts which, when taken together with the rational infer-ences from those facts, reasonably warrant the offi cer’s belief that the detainee is dangerous and the detainee may gain immediate control of a weapon. A protective search of a vehicle must be limited to only those areas within the detainee’s immediate control where a weap-on may be placed or hidden. The offi cer does not have to be absolutely certain that the detainee possesses a weapon; the test is only whether a reasonably prudent person in the circumstances would be warranted in the belief that his safety or that of others was in danger.”Williams v. State, 454 S.W.3d 172, 175 (Tex. App.—Houston [14th Dist.] 2014) (internal citations omitted).

4. Felony Murder “Felony murder is, essentially, ‘an unintentional murder

committed in the course of committing a felony.Rodriguez v. State, 454 S.W.3d 503, 507 (Tex. Crim. App. 2014).

5. Circumstantial Evidence “Circumstantial evidence is as probative as direct evi-

dence in establishing the guilt of an actor, and circum-stantial evidence can be suffi cient to establish guilt.”Hernandez v. State, 454 S.W.3d 643, 647 (Tex. App.—Houston [1st Dist.] 2014).

6. Mistrial “A mistrial is a device used to halt trial proceedings

when error is so prejudicial that expenditure of further time and expense would be wasteful and futile.”Id. at 649.

7. Pretrial Motion “A pre-trial motion cannot be used to argue that the

prosecution could not prove one of the elements of the crime. This is true even if the challenge would require only a legal determination.” Laurent v. State, 454 S.W.3d 650, 653 (Tex. Crim. App. 2014) (internal citations omitted).


Civil Items Of Interest1. Sua Sponte Review of Subject-Matter Jurisdic-

tion “A court is obliged to determine whether it has subject-

matter jurisdiction and must consider the question sua sponte even if it is not challenged by a party.”

Dewolf v. Kohler, 452 S.W.3d 373, 382 (Tex. App.—Houston [14th Dist.] 2014).

2. Exclusive Admiralty Proceeding “[A]n in rem suit against a vessel is . . . distinctively an

admiralty proceeding and is hence within the exclusive province of the federal courts.”

Id.

3. State Agency Rules Presumed Valid “We presume that an agency rule is valid, and the party

challenging the rule has the burden of demonstrating its invalidity. To establish a rule’s facial invalidity, the challenger must show that the rule (1) contravenes spe-cifi c statutory language; (2) is counter to the statute’s general objectives; or (3) imposes additional burdens, conditions, or restrictions in excess of or inconsistent with the relevant statutory provisions.”

Harlingen Family Dentistry v. Texas HSSC, 452 S.W.3d 479, 481 (Tex. App.—Austin 2014) (internal citations omitted).

4. Refusal of Suspension of Judgment “A governmental entity’s notice of appeal does not de-

prive a trial court of discretion to refuse suspension of its judgment if the appellee posts security in accordance with TRAP 24.2(a)(3).”

In Re State Board for Educator Certifi cation, 452 S.W.3d 802, 809 (Tex. App.—Austin 2014).

5. Actual Notice is Not Service “[A]ctual notice without proper service is the same as

no service.” Bank of NY Mellon v. Redbud 115 Land Trust., 452

S.W.3d 868, 871 (Tex. App.—Dallas 2014).

6. Appellate Court Mandate “When an appellate court reverses a trial court’s deci-

sion and remands the case to the trial court, the trial court is authorized to take all actions that are necessary to give full effect to the appellate court’s judgment and mandate. The trial court has no authority to take an ac-tion that is inconsistent with or beyond the scope of that which is necessary to give full effect to the appellate court’s judgment and mandate.”

Henry v. Masson, 453 S.W.3d 43, 48 (Tex. App.—Hous-ton [1st Dist.] 2014)(internal citations omitted).

7. Substantial Evidence in State Agency Orders “’[S]ubstantial evidence’ in this sense does not mean a

large or considerable amount of evidence—in fact, the evidence may even preponderate against the agency’s fi nding—but requires only such relevant evidence as a reasonable mind might accept as adequate to support a fi nding of fact.”

Emp. Ret. Sys. of Tex. v. Garcia, 454 S.W.3d 121, 132 (Tex. App.—Austin 2014).

Quote Of The Month “it shall be my endeavor to manifest by overt acts, the purity of my inclinations for promoting the happiness of mankind, as well as the sincerity of my desires to contribute whatever may be in my power towards preservation of the civil and religious liberties of the American people.”George Washington, ”Old South letters,” no. 65, p. 3.

Legal Quote of the Monthin case of dissension, never dare to judge till you’ve heard the other side.Euripides

Old NewsThe term “maverick” is derived from the name Samuel A. Maverick (1803-1870), an early Texas lawyer, pioneer, signa-tory of the Texas Declaration of independence, Texas legisla-tor, and mayor of San Antonio. Maverick refused to brand his cattle, and thus, unbranded cattle that were not part of the herd became known as “mavericks.”Crutchfi eld, James A. 1996. It Happened in Texas. Helena, MT: Falcon Press, and Wikipedia, Samuel Maverick, re-viewed May 13, 2015. ■

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

Snippets

Moses

Ramses

Co-EditorLin Morrisett

Associate JudgeProbate Court

No. 2

Who’s That Street Named After?Kimzey Street - Truett Kimzey owned a TV and Radio store on Vickery. He signed up Bob Willis for a show during every morning (Bob Willis and his band) in 1931 and started him on his way to being an outstanding band leader.From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth.

Ask Judge BobJudge Bob, What is an “eTJ”?it stands for the extraterritorial jurisdiction of municipali-ties. See Tex. local Gov’t Code Ann. § 42.021 and Bizios v. Town of Lakewood Village, 453 S.W.3d (Tex. App.—Fort Worth 2014) n.1.

Ask The DanesRamses and Moses, is dog fi ghting il-legal in Texas? Yes, and the statute covers a wide range of persons who may be charged under the statute, and it may be a state jail felony. See Tex. Penal Code § 42.10.

The Danes’ QuoteOf The Month“A living dog is better than a dead lion.”ecclesiastes 9:4.

Criminal Items Of Interest1. Community Caretaking Function “Whether an offi cer properly invoked his community-

caretaking function requires a two-step inquiry: (1) whether the offi cer was primarily motivated by a com-munity-caretaking purpose; and (2) whether the offi cer’s belief that the individual needed help was reasonable. The Court of Criminal Appeals listed four non-exclusive factors to determine whether an offi cer was legitimately acting to give assistance (i.e., was the offi cer’s belief the individual needed help reasonable):

(1) the nature and level of the distress exhibited by the individual;

(2) the location of the individual; (3) whether the individual was alone and/or had access

to assistance independent of that offered by the offi cer; and

(4) to what extent the individual—if not assisted—pre-sented a danger to himself or others.”

Lemming v. State, 454 S.W.3d 78, 84 (Tex. App.—Texar-kana 2014)(internal citations omitted).

2. Defense of a Third Party “The defendant must admit to the conduct—act and cul-

pable mental state—of the charged offense to be entitled to the instruction.”Henley v. State, 454 S.W.3d 106, 114 (Tex. App.—Fort Worth 2014).

3. Terry Stop “An offi cer may search a detainee’s vehicle if the offi cer

has a reasonable belief based on specifi c and articulable facts which, when taken together with the rational infer-ences from those facts, reasonably warrant the offi cer’s belief that the detainee is dangerous and the detainee may gain immediate control of a weapon. A protective search of a vehicle must be limited to only those areas within the detainee’s immediate control where a weap-on may be placed or hidden. The offi cer does not have to be absolutely certain that the detainee possesses a weapon; the test is only whether a reasonably prudent person in the circumstances would be warranted in the belief that his safety or that of others was in danger.”Williams v. State, 454 S.W.3d 172, 175 (Tex. App.—Houston [14th Dist.] 2014) (internal citations omitted).

4. Felony Murder “Felony murder is, essentially, ‘an unintentional murder

committed in the course of committing a felony.Rodriguez v. State, 454 S.W.3d 503, 507 (Tex. Crim. App. 2014).

5. Circumstantial Evidence “Circumstantial evidence is as probative as direct evi-

dence in establishing the guilt of an actor, and circum-stantial evidence can be suffi cient to establish guilt.”Hernandez v. State, 454 S.W.3d 643, 647 (Tex. App.—Houston [1st Dist.] 2014).

6. Mistrial “A mistrial is a device used to halt trial proceedings

when error is so prejudicial that expenditure of further time and expense would be wasteful and futile.”Id. at 649.

7. Pretrial Motion “A pre-trial motion cannot be used to argue that the

prosecution could not prove one of the elements of the crime. This is true even if the challenge would require only a legal determination.” Laurent v. State, 454 S.W.3d 650, 653 (Tex. Crim. App. 2014) (internal citations omitted).



@tarrantbar


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 [email protected]. Black Women lawyers Association – will be hosting its annual scholarship event, “Hotter Than July” on Thursday, July 30 from 5 p.m. to 7 p.m. at the YWCA, 512 W. 4th Street. Tickets are $15 in advance or $20 at the door”. 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].

L. Clifford Davis Legal Association (f/k/a TarrantCounty Black Bar Association) holds its meets on the3rd Tuesday of each month at 6:00 p.m. For more information, contact President Mary Panzu at 817.260.9778.

Scholarship Banquet Dinner Annual Scholarship Banquet Dinner will be held on Friday, September 11 beginning at 6 p.m. at the Hilton Hotel, 815 Main Street. Tickets are $65 per person and may be purchased from Antonio Allen 817.877.2852 and Faye Watson 817.878.2423. ■

MABA (Mexican American Bar Association)Meets on the last Thursday of each month at Rivas Mexi-can 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].

News & Information

Federalist Society’s Luncheon

On Thursday, July 9, 2015, the Federalist Society’s Fort Worth lawyers Chapter luncheon will feature a

panel discussion of the most signifi cant decisions of the Supreme Court’s 2014-2015 Term. Aaron Streett, Chair-man of the Baker Botts Supreme Court and Constitutional law and Practice Group, will moderate the panel. Cle credit is anticipated. The event starts at noon at the Ft. Worth Club. For further information including cost, call Diane Kozub at 817.807.2471 or email her at [email protected]. ■

United States District Judge Reed O’Connorhttp://www.txnd.uscourts.gov/judges/oconnor.html

Aaron Streett, Chairman of the Baker Botts Supreme Courtand Constitutional Law Practice Group

http://www.bakerbotts.com/people/s/streett-aaron

David Taylor, Assistant Professor of Law, SMU Law Schoolhttp://www.law.smu.edu/Faculty/Full-Time-Faculty/Taylor.aspx

Matthew Kacsmaryk, Deputy General Counsel, Liberty Institutehttps://www.libertyinstitute.org/pages/about/leadership-legal-team

Tarrant County Family Law Bar AssociationMeets at 12 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, 2014. 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.

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Lawyers on the Move &in the News Susan Hutchison and Chris Stoy recently formed Hutchison & Stoy, PllC. Hutchison & Stoy, PllC is a Plain-tiff’s fi rm that focuses primarily on labor and employment law, Personal injury and Civil Rights litigation. The law fi rm is located at 509 Pecan Street, Suite 201, Fort Worth, Texas 76012 and telephone number is 817.820.0100. Their emails are [email protected] and [email protected]. Hampton & Associates, P.C. is pleased to announce its association with newly licensed attorney Ross Russell, a 2014 graduate of Texas A&M law School. Mr. Russell scored the highest score on the Texas bar exam of all December 2014 graduates and was recently honored for this accom-plishment at the May 2015 A&M law School graduation. His practice primarily focuses on general civil litigation, oil and gas, environmental issues, real estate transactions, commer-cial transactions and litigation, and alternative dispute reso-lution. Mr. Russell can be reached by phone at 817.817.4202, by email at [email protected], or in person at 1000 Houston Street, 4th Floor, Fort Worth, Texas 76102. Kelly Hart & Hallman is pleased to announce that Sean A. Bryan rejoins the fi rm as a partner in the Tax Practice Group. Mr. Bryan has handled complex tax matters for 25 years representing individuals, private business interests, and passive investors seeking limited liability. His primary

practice involves the formation, structuring and mainte-nance of entities used in business transactions (including partnerships and limited liability companies, as well as cor-porations), and the tax aspects of business transactions. He can be reached by phone at 817.878.3579 or by email at [email protected]. Mitchell Moses has joined underwood law Firm as a Shareholder in the Fort Worth offi ce, which has grown to six attorneys in just over a year. Mr. Moses’ practice focus is commercial transactions and business litigation, mostly related to Real estate, energy, Mergers & Acquisitions and Corporate law — structuring partnerships and operating en-tities. He also devotes a signifi cant amount of his practice to school and education law. Mr. Moses may be reached by phone at 817.885.7529.

Lyndsay A. Newell, a 2012 Texas Wesleyan university School of law graduate, has joined The Barrows law Firmas an Associate. newell also holds a Master of Science in Child and Family Studies from The university of Tennessee – Knoxville. She specializes in family law. She may be reached by telephone at (817) 481-1583 or by email at lnewell@bar-rowsfi rm.com. Cantey Hanger l.l.P.’s Partner, Mary Barkley has been ap-pointed to the Texas Bar Journal Board of editors Committee. ■

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

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■ 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

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Texas Lawyers for Texas Veterans Tarrant County Chapter

TlTV held its May 19th legal clinic in honor of Tony Harris, a long time TCBA member and TlTV volunteer. Tony passed away peacefully at his home on May 4, 2015, with his wife by his side. He was instrumental in the de-velopment of TlTV’s program, and was at the fi rst meeting where TCBA members decided to form the pro bono pro-gram. Since then, Tony attended a number of legal clinics, advised countless veterans and spouses of deceased veter-ans, and served in leadership positions for the TlTV com-mittee. Tony enjoyed an impressive legal career, including serving as the senior counsel and statutory receiver-liqui-dator for the State Board of insurance and as private cor-porate counsel at Harris & Associates. TlTV will miss its

steadfast volunteer and col-league, and will benefi t from his contributions for years to come. TlTV extends its sin-cere condolences and appre-ciation for Tony’s infl uence to his wife, Mariem Harris, and his family. As set out in his obituary, memorials in honor of Tony may be made to Harris Methodist Foundation, leadership Fort Worth, Tarrant County Bar Foundation – TlTV, or a charity of choice. ■

TLTV Holds April Clinic At New Location

On May 8, 2015, TlTV hosted a general practice Cle entitled “Street Smart Answers to ‘Routine’ Client Prob-lems” at the TCBA Bar Center. Proceeds from the Cle will benefi t the TlTV program. Marvin Champlin, Champlin law Firm, organized the Cle and served as the moderator of the program. TlTV extends its appreciation to the Cle presenters who spoke on the following topics:

Texas lawyers for Texas Veterans – Tarrant County Chapter (“TlTV”) held its fi rst legal clinic at Tarrant County College’s Trinity River Campus on April 17,

2105. The clinic was located at the former RadioShack idea Store across from the Tim Curry Criminal Justice Center. The legal clinic served over thirty veterans or spouses of deceased veterans, and included volunteers from Tarrant County College, VetSuccess, MHMR of Tarrant County, and the VA’s Readjustment Counseling Services. TlTV extends its apprecia-tion to Frost Bank for its spon-sorship of the clinic and support of the program. “Frost Bank values the contributions of our veterans and the sacrifi ces they have made for our country. Frost appreciates the attorneys and volunteers involved with TlTV and all they do for our veterans in Tarrant County. By sponsoring [the April clinic], Frost Bank hopes that veterans will receive the proper legal help they need.” ■

Social Security: A PrimerTrevin Ware, Legal Aid of Northwest TexasCriminal: Expunctions and NondisclosuresJohn Johnson, Law Offi ce of Johnson & JohnsonLitigation: Consumer Debt & Fair Debt CollectionsR. Lee Barrett, The Barrett Law Firm, PLLCBankruptcy: Consumer and Small BusinessJ .Michael McBride, J. Michael McBride, P.C.Landlord-Tenant: Common IssuesJeff Whitfi eld, Kelly Hart & Hallman LLPEmployment: TWC Hearings/AppealsRebecca Eaton, Whitaker Chalk Swindle & Schwartz, PLLCFamily: Child Support Modifi cation IssuesKim Naylor, Loveless & Naylor

TLTV Honors Long Time Committee Member and Volunteer At May Clinic

Tony and Mariem Harris

TLTV Hosts General Practice CLE In May


Lawyers on the Move &in the News Susan Hutchison and Chris Stoy recently formed Hutchison & Stoy, PllC. Hutchison & Stoy, PllC is a Plain-tiff’s fi rm that focuses primarily on labor and employment law, Personal injury and Civil Rights litigation. The law fi rm is located at 509 Pecan Street, Suite 201, Fort Worth, Texas 76012 and telephone number is 817.820.0100. Their emails are [email protected] and [email protected]. Hampton & Associates, P.C. is pleased to announce its association with newly licensed attorney Ross Russell, a 2014 graduate of Texas A&M law School. Mr. Russell scored the highest score on the Texas bar exam of all December 2014 graduates and was recently honored for this accom-plishment at the May 2015 A&M law School graduation. His practice primarily focuses on general civil litigation, oil and gas, environmental issues, real estate transactions, commer-cial transactions and litigation, and alternative dispute reso-lution. Mr. Russell can be reached by phone at 817.817.4202, by email at [email protected], or in person at 1000 Houston Street, 4th Floor, Fort Worth, Texas 76102. Kelly Hart & Hallman is pleased to announce that Sean A. Bryan rejoins the fi rm as a partner in the Tax Practice Group. Mr. Bryan has handled complex tax matters for 25 years representing individuals, private business interests, and passive investors seeking limited liability. His primary

practice involves the formation, structuring and mainte-nance of entities used in business transactions (including partnerships and limited liability companies, as well as cor-porations), and the tax aspects of business transactions. He can be reached by phone at 817.878.3579 or by email at [email protected]. Mitchell Moses has joined underwood law Firm as a Shareholder in the Fort Worth offi ce, which has grown to six attorneys in just over a year. Mr. Moses’ practice focus is commercial transactions and business litigation, mostly related to Real estate, energy, Mergers & Acquisitions and Corporate law — structuring partnerships and operating en-tities. He also devotes a signifi cant amount of his practice to school and education law. Mr. Moses may be reached by phone at 817.885.7529.

Lyndsay A. Newell, a 2012 Texas Wesleyan university School of law graduate, has joined The Barrows law Firmas an Associate. newell also holds a Master of Science in Child and Family Studies from The university of Tennessee – Knoxville. She specializes in family law. She may be reached by telephone at (817) 481-1583 or by email at lnewell@bar-rowsfi rm.com. Cantey Hanger l.l.P.’s Partner, Mary Barkley has been ap-pointed to the Texas Bar Journal Board of editors Committee. ■

Texas Lawyers for Texas Veterans Tarrant County ChapterTexas Lawyers for Texas Veterans

TlTV held its May 19th legal clinic in honor of Tony Harris, a long time TCBA member and TlTV volunteer. Tony passed away peacefully at his home on May 4, 2015, with his wife by his side. He was instrumental in the de-velopment of TlTV’s program, and was at the fi rst meeting where TCBA members decided to form the pro bono pro-gram. Since then, Tony attended a number of legal clinics, advised countless veterans and spouses of deceased veter-ans, and served in leadership positions for the TlTV com-mittee. Tony enjoyed an impressive legal career, including serving as the senior counsel and statutory receiver-liqui-dator for the State Board of insurance and as private cor-porate counsel at Harris & Associates. TlTV will miss its

steadfast volunteer and col-league, and will benefi t from his contributions for years to come. TlTV extends its sin-cere condolences and appre-ciation for Tony’s infl uence to his wife, Mariem Harris, and his family. As set out in his obituary, memorials in honor of Tony may be made to Harris Methodist Foundation, leadership Fort Worth, Tarrant County Bar Foundation – TlTV, or a charity of choice. ■

TLTV Holds April Clinic At New Location

On May 8, 2015, TlTV hosted a general practice Cle entitled “Street Smart Answers to ‘Routine’ Client Prob-lems” at the TCBA Bar Center. Proceeds from the Cle will benefi t the TlTV program. Marvin Champlin, Champlin law Firm, organized the Cle and served as the moderator of the program. TlTV extends its appreciation to the Cle presenters who spoke on the following topics:

Texas lawyers for Texas Veterans – Tarrant County Chapter (“TlTV”) held its fi rst legal clinic at Tarrant County College’s Trinity River Campus on April 17,

2105. The clinic was located at the former RadioShack idea Store across from the Tim Curry Criminal Justice Center. The legal clinic served over thirty veterans or spouses of deceased veterans, and included volunteers from Tarrant County College, VetSuccess, MHMR of Tarrant County, and the VA’s Readjustment Counseling Services. TlTV extends its apprecia-tion to Frost Bank for its spon-sorship of the clinic and support of the program. “Frost Bank values the contributions of our veterans and the sacrifi ces they have made for our country. Frost appreciates the attorneys and volunteers involved with TlTV and all they do for our veterans in Tarrant County. By sponsoring [the April clinic], Frost Bank hopes that veterans will receive the proper legal help they need.” ■

Social Security: A PrimerTrevin Ware, Legal Aid of Northwest TexasCriminal: Expunctions and NondisclosuresJohn Johnson, Law Offi ce of Johnson & JohnsonLitigation: Consumer Debt & Fair Debt CollectionsR. Lee Barrett, The Barrett Law Firm, PLLCBankruptcy: Consumer and Small BusinessJ .Michael McBride, J. Michael McBride, P.C.Landlord-Tenant: Common IssuesJeff Whitfi eld, Kelly Hart & Hallman LLPEmployment: TWC Hearings/AppealsRebecca Eaton, Whitaker Chalk Swindle & Schwartz, PLLCFamily: Child Support Modifi cation IssuesKim Naylor, Loveless & Naylor

TLTV Honors Long Time Committee Member and Volunteer At May Clinic

Tony and Mariem Harris

TLTV Hosts General Practice CLE In May

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Tarrant County held its annual national Adoption Day last year on november 21, 2014. The day was spent celebrating the adoption of 65 children out of the Department of Family and Protective Services

foster care system and into their new “forever” family. The event was also a celebration of Judge (ret.) Jean Boyd’s tireless dedication and leadership of national Adoption Day over the past fourteen years. national Adoption Day Chair (2014) nancy Gordon presented Judge Boyd with a proclamation from the Commissioners’ Court for her ef-forts in promoting and making national Adoption Day in Tarrant County the success it continues to be. The event was held at the Family law Center. Seven judges graciously allowed the committee use of their court-rooms on the fourth fl oor to fi nalize all of the adoptions. A special thanks goes to the judges who donated their time that morning to fi nalize the adoptions for all the families–Judge John Chupp, Judge Jerome Hennigan, Judge Jesse nevarez, Judge Mike Sinha, Judge Tim Menikos, Judge Beth Poulos, Judge lindsay DeVos, Judge Cynthia Mendo-za, Judge James Munford, and Judge nancy Berger. As each family fi nalized their adoptions, court employ-ees, CASA advocates, CPS caseworkers, ad litems, volun-teers, and of course family and friends were present to help celebrate their new forever family. The mothers received a rose donated by the Bob leonard law Group. in addition, each child adopted received an engraved necklace with the

National Adoption Day

A Celebration of Family!child’s new name from Kube’s Jewelry Store. All of the children who attended national Adoption Day picked out a new stuffed animal and book donated by various organiza-tions– Mahon inns of Court, Tarrant County Bar Associa-tion, Tarrant County Paralegal Association, Texas A&M uni-versity School of law, CASA of Tarrant County, and other community partners. each family also received a special tote bag. After the families fi nalized their adoption, they were given the opportunity to take their fi rst offi cial family pho-tograph. local photographers Bo Parker and Michael Board donated their time for the event to help make it a special day for all. And, last but certainly not least, a special thank you to all the dedicated volunteers who helped set up and escort the families that day, the attorneys who volunteered their time to fi nalize the adoptions and help mentor the law stu-dents, the law students from Texas A&M university School of law, the caseworkers and CASA advocates, Cyndi Wil-liams and her team from the District Attorney’s offi ce, the national Adoption Day Planning Team and all those who supported national Adoption Day fi nancially and with their time. We look forward to another fantastic event this year on november 20, 2015! if you would like any information on getting involved with national Adoption Day, please send an email to [email protected]. ■


Slowly and surely, with support of the Texas Bar Foun-dation and Tarrant County lawyers and judges, Tarrant County Volunteer Attorney Services (“TVAS”) has de-

veloped a pro bono program that assists low income families in adopting foster children in their care. TVAS initially started the pro bono program as a way to complement and assist National Adoption Day efforts in Tarrant County. With funding from the Texas Bar Foundation, TVAS has been able to create a system of pro bono volunteers, community part-ners, and resources available to volunteers and the public. TVAS, for example, is working with Our Community Our

Kids (a division of ACH Child and Family Services) on its adoption project. Our Community Our Kids is the Single Source Continuum

Contractor (SSCC) for the Texas Department of Family and Protective Services (TDFPS) in Region 3b. in other words, after the recent redesign of the foster care system, Our Community Our Kids serves as the main administra-tor in managing the continuum of care for foster children in Tarrant and surrounding counties. TVAS’s program is also intended to support the TDFPS in its promotion of foster care adoption. TVAS would not be able to assist low income foster families without the expertise and involvement of its pro bono volunteers. Susan Paquet, a partner with Brown Pruitt, exclusively practices adoption law and has pro-vided TVAS with invaluable insight into the area of fos-ter care adoptions. eric Freeby, another attorney with Brown Pruitt, completed the fi rst adoption on behalf of TVAS last

year and enabled a foster family to adopt a young toddler in time for the Christmas holidays. Kellye Reeves, an attorney who has completed more than 300 adoptions in her career, is also assisting a couple with the adoption of an infant from the foster care system. TVAS also extends its appre-ciation to its pro bono volunteers and the

Tarrant County family law judiciary supporting this program. The program was made possible by a grant from the Texas Bar Foun-dation. Since its inception in 1965, the Texas Bar Foundation has awarded more than $15 million in grants to law-related programs. Supported by members of the State Bar of Texas, the Texas Bar Foundation is the nation’s largest charitably-funded bar founda-tion. More information about foster care adoption can be found at http://www.ourcommunity-ourkids.org; http://www.nation-aladoptionday.org; and http://www.dfps.state.tx.us.■

TVAS Provides Pro Bono Adoption Assistance for Foster Children

In 2012, the Tarrant County Bar Foundation created Tarrant County Volunteer Attorney Services (TVAS)

with support from the Tarrant County Bar Association.

The TVAS mission is to encourage and recognize pro bono services performed by Tarrant County attorneys and to connect Tarrant County attorneys with low income individuals and families who could not otherwise afford their legal services.

TVAS also provides legal pro bono assistance to income eligible individuals in uncontested divorces, simple wills and estates planning, and provides assistance to parents filing uncontested applications of guardianships on behalf of their young adult children. This assistance occurs through various legal clinics throughout the year.

If you are interested in receiving pro bono assistance, call (817) 546-4450 and leave a

message with your area of interest. TVAS does not

have staff attorneys and relies on volunteers to provide services. All pro bono assistance through TVAS is by application and requires

prior approval of eligibility.

interest. TVAS does not

of eligibility.

Interested in Volunteering? TVAS is holding its fi rst general legal advice clinic this summer at Presbyterian night Shelter on the eve-ning of Monday, July 20, 2015. Volunteer attorneys will provide free legal consultations to residents of the shel-ter on a number of legal issues, including family law, criminal law, social security benefi ts, and other general civil matters. TVAS will also need other volunteers to assist on the night of the clinic or on Monday, July 13, 2015 at Presbyterian night Shelter to provide initial cli-ent interviews and related intake tasks. All TCBA mem-bers, law students, paralegals, or legal staff are welcome to participate in this activity. if interested, email Megan Cooley at [email protected]. ■

If you are considering

adopting a foster child

For more information, call TVAS (817)546-4450 and leave a message.

http://www.tvasdoingourpart.com/

@TVASFW

Tarrant County Volunteer Attorney Services

If you are

adopting

consideringconsidering

a foster child

consideringadopting

we may be able to provide the legal help.Tarrant County Volunteer Attorney Services (TVAS) is a non-profit organization that offers pro bono assistance for eligible families adopting foster children in Tarrant County.

and cannot afford it…

This service is made possible by a grant from the Texas Bar Foundation.

TVAS Holds Uncontested Divorce Clinic With LANWT

On May 18th, two sets of parents from the TVAS guardianship pro bono clinic were approved as guardians for their young adult children. Judge King presided over the hearings, and the parents were accompanied by their

TVAS volunteer attorneys during the hearing process. Thank you again to Judge King, the staff of Probate Court #1, and all of the volunteers who made this fi rst event possible. ■

TVAS Guardianship UpdateJudge King from Probate Court #1 presides over a TVAS guardianship hearing. A group of TVAS volunteers and clients after the guardianship hearing.

On April 20, 2015, Tarrant County Volunteer Attorney Services (“TVAS”) and legal Aid of northwest Texas (“lAn-WT”) held an uncontested divorce clinic that served over twenty low income individuals. Cantey Hanger sponsored the clinic, and Justice Sudderth and Judge Pittman wel-comed the volunteers. Thanks to the following attorney volunteers who ac-cepted pro bono cases from TVAS or lAnWT:

Brooke Ulrickson Allen, Brown, Dean, Wiseman, Proctor, Hart & Powell, L.L.P.Theresa Berend, Berend & Lindsey, PLLCLorrie Branson, The Branson Law Firm PCDale Butler, Winstead PCJ. Zach Burt, Bank of TexasAndrea Casanova, Law Offi ce of Andrea CasanovaDaniel Clanton, Law Offi ces of Daniel J. Clanton, P.C.Joseph Cole, Attorney at LawJohn Corbin, Law Offi ces of John CorbinEmily Cottingham, Law Offi ces of David HartShannon Dunlap, Shannon Dunlap Law, PLLCJoel Eckhardt, Mellina & Larson, P.C.Lisa Hart, Brandy Austin Law Firm, PLLCErik Hudak, Law Offi ces of Erik HudakKatherine Thomas Hopkins, Kelly, Hart & Hallman, LLPDeborah Anne Humpreys, Attorney at LawJill Johnston, The King Law FirmPaul Kim, Barrett, Daffi n, Frappier, Turner & EngelMegan Leger, Megan Leger Law, PLLCChristie Lindsey, Berend & Lindsey, PLLCSchyler Parker, Whitaker Chalk Swindle & SchwartzKimberly Stoner, The Stoner Brock Law FirmSaba Syed, Jackson Walker LLPRachel Wright, The JRA Firm

A special thanks to Jim loveless, loveless & naylor, who served as a mentor for the volunteer attorneys, along with Merrit Klapperich from lAnWT. TVAS also extends its appreciation to the paralegals, law students, and other volunteers for making the clinic a success:

Philip Vickers (TVAS Co-Chair), Cantey HangerPatricia LaRue (TVAS Co-Chair), Benenati Law FirmWilliam Marple, LANWTAlexandra Esparza, LANWTEllena Simmons, LANWTFreida Edwards-King, LANWTEthan McNiff, FidelityJennie Piccolo, FidelityBrent Rayner, FidelityCheryl Muise, FidelityDiane Zubalsky, FidelityShawn Crawford, Texas A&M University School of LawWhitley Zachary, Texas A&M University School of LawShelby Sellman, Texas A&M University School of LawJulie Sherman, Cantey HangerStar Moore, N. Michael Kensel & JoAnn H. Means, AttorneysDoris Jackson, William S. Harris & Paul A. Conner, AttorneysKatrina Lea, BNSF RailwayFrankie Gagnon, Linegarger Goggan Blair & Sampson LLPJessica Acosta, Linegarger Goggan Blair & Sampson LLP


TVAS Holds Uncontested Divorce Clinic With LANWT

On May 18th, two sets of parents from the TVAS guardianship pro bono clinic were approved as guardians for their young adult children. Judge King presided over the hearings, and the parents were accompanied by their

TVAS volunteer attorneys during the hearing process. Thank you again to Judge King, the staff of Probate Court #1, and all of the volunteers who made this fi rst event possible. ■

TVAS Guardianship UpdateJudge King from Probate Court #1 presides over a TVAS guardianship hearing. A group of TVAS volunteers and clients after the guardianship hearing.

On April 20, 2015, Tarrant County Volunteer Attorney Services (“TVAS”) and legal Aid of northwest Texas (“lAn-WT”) held an uncontested divorce clinic that served over twenty low income individuals. Cantey Hanger sponsored the clinic, and Justice Sudderth and Judge Pittman wel-comed the volunteers. Thanks to the following attorney volunteers who ac-cepted pro bono cases from TVAS or lAnWT:

Brooke Ulrickson Allen, Brown, Dean, Wiseman, Proctor, Hart & Powell, L.L.P.Theresa Berend, Berend & Lindsey, PLLCLorrie Branson, The Branson Law Firm PCDale Butler, Winstead PCJ. Zach Burt, Bank of TexasAndrea Casanova, Law Offi ce of Andrea CasanovaDaniel Clanton, Law Offi ces of Daniel J. Clanton, P.C.Joseph Cole, Attorney at LawJohn Corbin, Law Offi ces of John CorbinEmily Cottingham, Law Offi ces of David HartShannon Dunlap, Shannon Dunlap Law, PLLCJoel Eckhardt, Mellina & Larson, P.C.Lisa Hart, Brandy Austin Law Firm, PLLCErik Hudak, Law Offi ces of Erik HudakKatherine Thomas Hopkins, Kelly, Hart & Hallman, LLPDeborah Anne Humpreys, Attorney at LawJill Johnston, The King Law FirmPaul Kim, Barrett, Daffi n, Frappier, Turner & EngelMegan Leger, Megan Leger Law, PLLCChristie Lindsey, Berend & Lindsey, PLLCSchyler Parker, Whitaker Chalk Swindle & SchwartzKimberly Stoner, The Stoner Brock Law FirmSaba Syed, Jackson Walker LLPRachel Wright, The JRA Firm

A special thanks to Jim loveless, loveless & naylor, who served as a mentor for the volunteer attorneys, along with Merrit Klapperich from lAnWT. TVAS also extends its appreciation to the paralegals, law students, and other volunteers for making the clinic a success:

Philip Vickers (TVAS Co-Chair), Cantey HangerPatricia LaRue (TVAS Co-Chair), Benenati Law FirmWilliam Marple, LANWTAlexandra Esparza, LANWTEllena Simmons, LANWTFreida Edwards-King, LANWTEthan McNiff, FidelityJennie Piccolo, FidelityBrent Rayner, FidelityCheryl Muise, FidelityDiane Zubalsky, FidelityShawn Crawford, Texas A&M University School of LawWhitley Zachary, Texas A&M University School of LawShelby Sellman, Texas A&M University School of LawJulie Sherman, Cantey HangerStar Moore, N. Michael Kensel & JoAnn H. Means, AttorneysDoris Jackson, William S. Harris & Paul A. Conner, AttorneysKatrina Lea, BNSF RailwayFrankie Gagnon, Linegarger Goggan Blair & Sampson LLPJessica Acosta, Linegarger Goggan Blair & Sampson LLP


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or call me at 817.291.4147

John W. Hughes

Advertisers’ Index

NewsLawyer Referraland InformationService

LRIS celebrated another successful year! We made over 8,000 re-

ferrals to our panel members, increased our panel membership to 156 and exceeded our projected income from referral fees!

if you were an lRiS member in 2014-2015 and have not fi lled out your 2015-2016 application, you will need to do that to get referrals. The last referral for 2014-2015 was given out June 30. if you have any questions, please contact the lRiS at 817.338.4092 or [email protected].

There are a couple of changes for lRiS members for 2015-2016. The rate to join as a non-member has increased, but if you are a TCBA member, cost to join remains the same. Also, for lRiS attorney members who are late sending in their reports, a $20 re-up fee will need to be submitted with the past due report to get back into rotation. if you have any questions, please call or email us. ■


2015 -2016 Bar YearBeginsThe 2015–2016 TCBA Bar Year began July 1. Membership renewals have been

emailed to current TCBA members with email addresses and mailed to others. invoices were also sent to fi rm administrators. Please check with

your administrator to see if they have received the renewal invoices and if they have paid them before you submit payment. note: if you wish to continue to receive a hard-copy of the Bar Bul-letin, please include an additional $20 with your invoice. All others will receive the e-Bulletin. We encourage everyone to re-join and get involved. The local bar association is only as good as the committees, s ections, and members make it. We couldn’t do the award-winning programs that we do with-out YOu, the members. if you have any questions regarding your membership, please contact Cindy at the bar offi ce or email her at [email protected]. Current memberships are good through September only. ■

When experience counts

Attorney Paul Wieneskie, Bailey & Galyen’s Civil Appellate specialist, has been practicing appellate law in Texas for 32 years and has been Board Certified in Civil Appellate Law for the past 20 years by the Texas Board of Legal Specialization.

recent Victories include:University of Texas M.D. Anderson v. Baker, 401 S.W.3d 246 (Tex. App.–Houston [14 Dist.] 2012, pet.filed); Settle v. George, 2012 WL 2923302 (Tex. App.-Fort Worth 2012, no pet.); In re Estate of Abernethy, 390 S.W.3d 431 (Tex. App.–El Paso 2012, no pet.); Smith v. Shofner Auto Repair, Inc., 2009 WL 975999 (Tex. App.-Fort Worth 2009, no pet.).

principal office:1901 Airport FreewayBedford, tx 76021817-868-5500

summit office:1300 summit Ave. suite #650Fort Worth, tx 76102817-276-6000

817-276-6000www.texcivApp.com

In Memoriam In Memoriam In MemoriamAnthony Gardner Harris, Sr.

,71, passed away peacefully at home on Monday, May 4, 2015 with his wife, Mariem at his side. Memo-rials may be made to Harris Meth-odist Foundation, leadership Fort Worth, Tarrant County Bar Founda-tion – Texas lawyers for Texas Vet-erans (TlTV) or a charity of your choice. Tony was born October 8, 1943, at Harris Methodist Hospital Fort Worth, which was founded in 1930 by his great-grandfather, Dr.

Charles Houston Harris ii. Tony was family spokesman at the 75th Anniversary Celebration of the hospital hosted by Texas Health Resources in 2005. Most recently he was an ac-tive volunteer with Texas lawyers for Texas Veterans – Tar-rant County Chapter. ■

Ira Orville “Doc” Whitten-berg, Jr. passed away on Sat-

urday, April 25, 2015. Memori-als may be made to the Sierra Club. Doc served as a First lieutenant in the Air Force then worked for a career as a contract negotiator for Bell He-licopter. Doc was also a profes-sor at the university of Dallas Graduate School of Manage-ment. Doc was very active in professional and service or-ganizations including the na-tional Contract Management Association, Toastmasters and various clubs related to sail boating, skeet shooting and golf. He was survived by his wife, emma Jo. ■

Anthony Gardner Harris, Sr.

Ira Orville “Doc” Whittenberg, Jr


2015 -2016 Bar YearBeginsThe 2015–2016 TCBA Bar Year began July 1. Membership renewals have been

emailed to current TCBA members with email addresses and mailed to others. invoices were also sent to fi rm administrators. Please check with

your administrator to see if they have received the renewal invoices and if they have paid them before you submit payment. note: if you wish to continue to receive a hard-copy of the Bar Bul-letin, please include an additional $20 with your invoice. All others will receive the e-Bulletin. We encourage everyone to re-join and get involved. The local bar association is only as good as the committees, s ections, and members make it. We couldn’t do the award-winning programs that we do with-out YOu, the members. if you have any questions regarding your membership, please contact Cindy at the bar offi ce or email her at [email protected]. Current memberships are good through September only. ■

In Memoriam In Memoriam In MemoriamAnthony Gardner Harris, Sr.

,71, passed away peacefully at home on Monday, May 4, 2015 with his wife, Mariem at his side. Memo-rials may be made to Harris Meth-odist Foundation, leadership Fort Worth, Tarrant County Bar Founda-tion – Texas lawyers for Texas Vet-erans (TlTV) or a charity of your choice. Tony was born October 8, 1943, at Harris Methodist Hospital Fort Worth, which was founded in 1930 by his great-grandfather, Dr.

Charles Houston Harris ii. Tony was family spokesman at the 75th Anniversary Celebration of the hospital hosted by Texas Health Resources in 2005. Most recently he was an ac-tive volunteer with Texas lawyers for Texas Veterans – Tar-rant County Chapter. ■

Ira Orville “Doc” Whitten-berg, Jr. passed away on Sat-

urday, April 25, 2015. Memori-als may be made to the Sierra Club. Doc served as a First lieutenant in the Air Force then worked for a career as a contract negotiator for Bell He-licopter. Doc was also a profes-sor at the university of Dallas Graduate School of Manage-ment. Doc was very active in professional and service or-ganizations including the na-tional Contract Management Association, Toastmasters and various clubs related to sail boating, skeet shooting and golf. He was survived by his wife, emma Jo. ■

Anthony Gardner Harris, Sr.

Ira Orville “Doc” Whittenberg, Jr

Stay CONNECTED to UsTarrant County Bar Association-Fort Worth, Tx @tarrantbar

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

www.tarrantbar.org

alendar of EventsC

For more informationand photos, please find us on Facebook.


TEXAS ADVANCED PARALEGAL SEMINAR Saddle Up – for CLE – TAPS 2015 September 30 – October 2, 2015 Sheraton Hotel – Fort Worth, TX

The Paralegal Division of the State Bar of Texas is sponsoring the 2015 Texas Advanced Paralegal Seminar (TAPS) in Fort Worth, TX at the Sheraton Fort Worth Hotel on September 30 - October 2, 2015. You don't want to miss this event. Three days of CLE, Networking and meet and greet! Even an Exhibit Hall. There are grand prizes for TAPS 2015...$500 each. Details include pricing and speakers at www.txpd.org/taps. Over 60 substantive legal topics; vendor exhibit hall, welcome social, networking social, and attendee luncheon and door prizes galore!

Justice David Keltner TAPS Luncheon Keynote Speaker Appellant Arguments: the Good, the Bad and the Ugly ►David Keltner is a partner with Kelly Hart. He is also a former Justice on the Texas

Court of Appeals. Mr. Keltner has been lead counsel in over 100 appellate decisions. He obtained his B.A. from Trinity University and his J.D. from SMU Dedman School of Law. Mr. Keltner is Board Certified in Personal Injury Trial Law and Civil Appellate Law by the Texas Board of Legal Specialization. Mr. Keltner is on the Deans Advisory Council for Texas A&M University School of Law, as well as the Executive Board of SMU Dedman School of Law. He has served in numerous capacities for the State Bar of Texas and Tarrant County Bar Association. Mr. Keltner is currently President-Elect of the Tarrant County Bar Association.

Ethical Considerations of Using Social Media During Voir Dire ►John Browning is a partner with Passman & Jones. He graduated with a BA in History and a BA in Comparative Literature from Rutgers University in 1986 and with a J.D. from UT School of Law in 1989.

Mr. Browning is an Adjunct Professor of law at SMU Dedman School of Law. Mr. Browning has authored several books including The Lawyer’s Guide to Social Networking: Understanding Social Media’s Impact on the Law. Mr. Browning has written numerous articles and made numerous presentations. He also authors a weekly syndicated newspaper column “Legally Speaking”.

Creative Possession Schedules ►Stephen Naylor is with the Law Office of Stephen J. Naylor, PLLC. He graduated summa cum laude with a BBA in Management and a J.D. from Texas Tech University. Mr. Naylor is Board Certified in Family Law by the Texas Board

of Legal Specialization. He is also a Professor at Texas Christian University. Mr. Naylor is a member of the American Academy of Matrimonial Lawyers. He has authored numerous articles and given numerous presentations.

FMLA & FLSA – What Every Paralegal Needs to Know ►Caroline Harrison is a partner at Cantey Hanger, LLP. She graduated summa cum laude with a B.A. from UTA and cum laude with a J.D. from

Texas Wesleyan University School of Law. Ms. Harrison is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Ms. Harrison was named a 2015 Rising Star by Texas Monthly Magazine.

►Lu Pham is a partner at Cantey Hanger, LLP. He graduated with a B.A. from UTA and a J.D. from UT School of Law. Mr. Pham was named a Texas Super Lawyer in 2014.

Ms. Harrison & Mr. Pham represent employers in disputes with former employees, and assist employers in a variety of areas including anti-discrimination, retaliation law, non-compete and non-solicitation agreements, FMLA and FLSA.

Grand Prize Sponsors Beadles, Newman & Lawler

Cantey Hanger, LLP Law Office of Rickey Brantley Tarrant County Bar Association

Grand Prize SponsorsBeadles, Newman & Lawler

Cantey Hanger, LLPLaw O� ce of Rickey Brantley

Tarrant County Bar Association


Classifi edAdvertisingEmployment OpportunitiesFort Worth law fi rm seeking attorney with at least 3 years of Real estate experience. Please send resume and salary requirements to [email protected].

Fort Worth offi ce of national transportation fi rm seeking litigation associate with 5-7 years of experience. First chair trial experience in personal injury/insurance defense cases preferred. Familiarity with transportation law a plus. Strong research and writing skills are required. Submit resume, references, and a writing sample via email to [email protected].

Offi ce Manager for Mid Sized Law Firm - Growing two-offi ce, 6 attorney, 11 employee law fi rm seeking offi ce manager. Duties will include bookkeeping, payroll, managing marketing for the fi rm, managing equipment and supplies, managing personnel, implementing offi ce procedures, and operating day-to-day business of the fi rm. experience in the legal fi eld is preferred. Should be QuickBooks profi cient. looking for motivated candidates who will grow with the fi rm. Offi ces in Burleson and Fort Worth. Salary negotiable with performance-based bonus. Benefi ts include access to 401k and fi rm contributes to health care. Some travel between offi ces will be required. Contact [email protected] with resume.

Mid-size, full service law fi rm with offi ces in Fort Worth and Dallas is seeking a Marketing Director. Must have Bachelor’s Degree and 5+ years’ experience in the professional services industry. Position will work in both Fort Worth and Dallas offi ces and be responsible for overseeing Firm’s business development and marketing efforts. Must have excellent writing and editing skills, attention to detail, and adherence to highest professional and social standards. Please send resume and contact information to [email protected].

Mid-size, full service law fi rm with offi ces in Fort Worth and Dallas is seeking a real estate attorney with a portable book of $300,000+. Please send resume and contact information to [email protected].

Mid-size, full service law fi rm with offi ces in Fort Worth and Dallas is seeking a corporate attorney with expertise in entity formation, M&A, private equity/venture capital fi nancing, securities (including SeC reporting compliance), and corporate governance matters. Candidates must have a portable book of $300,000+. Please send resume and contact information to [email protected].

Firm For SaleFort Worth Immigration Law Firm For Sale - A Fort Worth immigration law fi rm seeks to sell its solo practice to an experienced and capable individual or fi rm. The current owner is retiring. excellent client base built primarily by satisfi ed client referrals and a superior experienced staff. Backlog plus excellent opportunity for continued growth. For more information email immigrationfi [email protected].

Contact Debara Herring ■ [email protected]

505 Pecan Street, Suite 101 ■ Fort Worth, Texas 76102

Space For Leasein the historic

Tindall Square O� ce Complexin Downtown Fort Worth

O� ce Space and Record Storage SpaceAvailable Immediately

■ Parking available■ Up to 10,000 square feet of o� ce space available

with rates starting at $18.50 psf.■ Current o� ce tenant base includes attorneys,

private investment � rms and accountants.■ Executive suites for attorneys available,

call for details.■ Secure record storage facility conveniently

located on site with rates as low as $120/month■ Within walking distance to local restaurants and

Sundance Square

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

PRESORTEDSTANDARD

U. S. POSTAGE PAIDFORT WORTH, TX

PERMIT 1807

BAR BULLETIN • July/August 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 to 817.335.9238 or e-mail to [email protected]

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 guaranteed 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 dis-counted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101.For Shredding and Document Disposal:Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Expanco is N.A.I.D. AAA-Certifi ed document-destruction service offering 40% off to TCBA members. Call TCBA offi ce for details on both.

TCBA Bulletin July-August 2015

Documents

Transcript of TCBA Bulletin July-August 2015