October, 2013 - Tarrant County Bar Association

IN
THIS I SSUE :
October 17 -Docket Call Social
October 18 - Brown Bag Seminar—“Juvenile Law”
Texas A&M University School of Law
Bulletin
October 2013
Tarrant County
Bar Association
Phone: (817) 338-4092
Fax:
(817) 335-9238
Website:
www.tarrantbar.org
E-mail:
tcba@tarrantbar.org
2013–2014 Officers
President ................................ Ann L. Diamond
President-Elect ..................... Michael J. Henry
Vice President ........................ David E. Keltner
Secretary-Treasurer ................. Robert G. West
2012–2013 Elected Directors
John Cayce
Kim Naylor
Randy Turner
Nick Bettinger
Steven K. Hayes
Claudine Jackson
2012–2013 Appointed Directors
Dabney Bassel
Karmen Johnson
Immediate Past President
J. Benjamin Barlow
FORT WORTH-TARRANT COUNTY YOUNG
LAWYERS ASSOCIATION
Justin P. Huston, President
EXECUTIVE DIRECTOR
Patricia Graham, PLS, CLAS
EX-OFFICIO MEMBERS
STATE BAR OF TEXAS DIRECTORS
Robert E. Aldrich, Jr.
J. Benjamin Barlow
Judge Jo Ann Reyes
ABA DELEGATE
Janna W. Clarke
BAR BULLETIN
John F. Murphy, Editor
H. Dennis Kelly, Assistant Editor
Pat Leake, PLS, CLAS, Staff Editor
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 76102-6504
Deadline for submission is the 20th
day of the month, two months before the
date of the issue (e.g. April 20th for the
June issue). Items for publication may be
sent by fax to 817-335-9238 or e-mail to
pat@tarrantbar.org 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.
TCBA Bulletin
by Ann Diamond
t’s exciting to see the energy of the Committees and Sections
as they get to work. TCBA members of all ages and
backgrounds are pitching in on projects that interest them, honing
their leadership skills and forging relationships that will make their
lives richer. Yes, we do real work to further the goals of the Bar,
but we also each grow professionally and personally. And we
smile a lot.
It is risky to list projects. Some inevitably get missed. Taking that risk, please
know that there are committees working on blood drives, Habitat for Humanity
houses, collecting books & bears for National Adoption Day and children in family
court, planning a variety of CLE, hearing fee disputes, overseeing the Lawyer
Referral and Information Service, coordinating peer assistance efforts, and
increasing membership and the benefits of membership. Others will work on the
annual food drive, Big Brothers & Big Sisters, elder law initiatives, the bi-monthly
free LegalLine, the People’s Law School, and Tarrant County Volunteer Attorney
Services, and Texas Lawyers for Texas Veterans. Committees also plan events
where you can enjoy the camaraderie of colleagues, such as Tortfeasors, Docket
Call Socials, the Holiday Party and the 110th Anniversary Celebration.
Then there is the Bench Bar Conference Committee. If in the day-to-day grind
you have somehow lost hope that there are any others out there who passionately
love the law, enjoy the company of other lawyers, and believe that it is important
to cultivate a professional yet collegial practice community, please consider Bench
Bar the therapy for what ails you. Other TCBA events may get you out of that
murky state of mind as well, but Bench Bar is intensive therapy and will get you
back to a more optimistic place fast. It is also a sure cure if you feel you don’t
know anyone in TCBA.
Something else that will feed your optimism is the membership survey
response. Thank you for taking part. Many of the respondents had very positive
comments about TCBA and our Bar staff. The staff does hundreds of little things
behind the scenes to make us lawyers look good and to keep the TCBA ship afloat.
It is gratifying that most who commented have had positive TCBA experiences, but
constructive criticism is equally welcome and I appreciate that you provided some.
Also, it was good to see that so many of you are regular readers of this Bar
Bulletin and have specific features that you find helpful. Newsletter contributors
and editors: you have an appreciative audience. Heck, you have an audience.
I found it intriguing that most who responded to the survey did not prefer an
electronic Bulletin format, although those who do prefer an electronic format made
a respectable showing. We are working on the paper/electronic options for the
future. Those who wanted to make sure there are always alcohol-free alternatives
at those Bar functions that offer beer or wine, we hear you. Several Docket Call
attendees in August (including me) chose a non-alcohol beverage option, and
everyone seemed to be enjoying the event. The conversation and camaraderie is
always the big event and the available beverages, whether beer/wine or soft drinks,
are just options on the side. We welcome specific suggestions if the soft drinks
available either generally or at a specific function don’t quite fit the bill.
We had a Docket Call social in August, and in September, a membership lunch
meeting with Interim Dean Aric Short from the Texas A&M University School of
Law. There will be a Docket Call Social this month. We will have a CLE
membership luncheon meeting in November with guest speaker Brian Newby.
Please plan to take part in at least one event this year that you did not attend
last year. There are a lot of choices. It could be merely a pleasant couple hours or
perhaps it will be the start of a great new chapter for you. And your presence will
make us better.
Looking forward to seeing you or hearing from you soon,
I
Ann
October 2013
3
G RATITUDE C AUSES ACTION
by Roland K. Johnson, TCBF Chair
nce
in a
while we
pull out the
Rules of
Professional Conduct (it’s the brown
cover now) to check on client/lawyer
relationship issues, such as a conflict of
interest matter or the factors necessary
for consideration when one proves up
attorney’s fees. But National Pro Bono
Week is nigh (October 21–25), and here
is a quote we don’t read every day from
the Rules of Professional Conduct:
5. . . . A lawyer should be
mindful of deficiencies in the administration of justice and of the
fact that the poor, and sometimes
persons who are not poor, cannot
afford adequate legal assistance,
and should therefore devote
professional time and civic influence in their behalf. A lawyer
should aid the legal profession in
pursuing these objectives and
should help the bar regulate itself
in the public interest.
6. A lawyer should render
public interest legal service. The
basic responsibility for providing
legal services for those unable to
pay ultimately rests upon the
individual lawyer, and personal
involvement in the problems of the
disadvantaged can be one of the
most rewarding experiences in the
life of a lawyer. Every lawyer,
regardless of professional prominence or professional workload,
should find time to participate in or
otherwise support the provision of
legal services to the disadvantaged.
The provision of free legal services
to those unable to pay reasonable
fees is a moral obligation of each
lawyer as well as the profession
generally. A lawyer may discharge
this basic responsibility by providing public interest legal services
without fee, or at a substantially
reduced fee, in one or more of the
following areas: poverty law, civil
rights law, public rights law, charitable organization representation,
the administration of justice, and
by financial support for organizations that provide legal services to
persons of limited means.
Portions of Paragraph 5 and Paragraph 6
of the Preamble: A Lawyer’s Responsi-
O
4
bilities as cited in the Rules of Professional Conduct.
Faces You See
The faces you see on the front of
this Bulletin are some of those who
have helped over the past year in the
various pro bono efforts of Tarrant
County lawyers. These persons are
mindful of our duty to others as clearly
stated above and have rendered public
service primarily through the Tarrant
County Chapter of Texas Lawyers for
Texas Veterans (TLTV), Tarrant County
Volunteer Attorney Services (TVAS),
LegalLine, and many other ways that
we use our skills and connect to the
needs of those persons who cannot
afford adequate legal assistance. We
hope to see their faces again and yours
throughout the next year.
Faces You Don’t See
While we are thankful for the faces
on the front of the Bulletin, they are not
meant as an expression of some contorted gymnastic effort to pat ourselves on
the back. What is most important are the
faces we do not see, and those are the
faces of our pro bono clients or those
calling with questions during LegalLine.
So who speaks for the faces we don’t
see? You do. I bet you can ask any one
of the persons who have provided pro
bono services to tell you a story of their
pro bono efforts and it would have at
least two chapters. Chapter one is of a
need that would have gone unmet but
for a lawyer standing in the gap between
need and access for justice. Chapter two
would be this lawyer’s story that it felt
good to be of use. We were trained and
said “yes” to the profession of law
because we need a direct connection
with a person in need. Pro bono legal
service is an “app” for our basic need.
Scarcities We Face
There is scarcity on many fronts
these days, not the least of which is the
fact that approximately 5–6 million
persons in the State of Texas qualify for
legal aid, and yet during our best days it
seems we are able to meet about
20–25% of those in need. Again, the
gap that exists between the need and
actual provision of legal service is
primarily filled by you, one lawyer at a
time. If we do not stand in the gap, the
job does not get done. For the last few
years I have been part of a group that
visits Washington, D.C. each April to
October 2013
educate our elected
representatives
about funding
issues related to
legal services for
the poor. When talking to our
representatives, I have found the best
word for articulating the need for
funding is to tell them how many
constituents in their districts have called
legal aid during the past year. This is a
very convincing statistic, whether the
representative is wearing a blue or red
tie. The funding for the direct provision
of services through various legal aid
providers such as Lone Star Legal Aid,
Texas RioGrande Legal Aid and our
own LegalAid of NorthWest Texas
seems to continually take a hit. Thus,
there is an increasing demand on the
local lawyers to step up and help.
Abundance is Present
The great news is that over the past
few years two programs in particular
have started and grown faster than our
children. Both programs are excellent!
First, there is the Tarrant County
Chapter of Texas Lawyers for Texas
Veterans (TLTV). The current chair is
Jeff Whitfield (jeff.whitfield@kelly
hart.com). Second, there is Tarrant
County Volunteer Attorney Services
(TVAS). The current co-chairs are
Shauna Wright (shauna.wright@kelly
hart.com), and Karen Denney (karen.
denney@haynesboone.com). Aleed
Rivera serves as our Pro Bono Program
Director (aleed@tarrantbar.org). Let
one of these persons hear from you
today.
In conclusion, do not take anything
for granted. Without you and your
donation of money and time, it probably
won’t happen for those in need. The
consequences of our not standing in the
gap are tremendous. For instance, the
lack of a restraining order can spin out
of bounds in so many ways. The lack of
a just enforcement of rights, be it in a
landlord/tenant setting or as a consumer,
can ultimately mean the administration
of justice does not happen. None of us
take for granted the opportunity to stand
with our hand to our heart to recite the
pledge of allegiance at a luncheon, a
ball game, or at a school function.
Lawyers have a particular reason to be
grateful for the pledge’s ending action
words, “and justice for all.”
TCBA Bulletin
"Happy Fall Y'all"
DOCKET CALL SOCIAL
Thursday, October 17, 2013
201 Main Street, Suite 2000
Conference Room
5 to 7 p.m.
Sponsor & Host
Co-Sponsor
HG Litigation Services
Dallas, TX
A
ttention LRIS Members!
The 2013-2014 Lawyer
Referral Service year started July 1!
If you have been a member and have
not received any referrals lately, please
call the office to make sure we have
your current application, etc. The last
referral for 2012-2013 was given
Friday, June 28.
2013-2014 has started off well, and
we want to thank the following attorneys who have paid LRIS fees on
cases referred to them since last
reported: Hunter Bland, William
L AWYER R EFERRAL S ERVICE N EWS
Brotherton, Neal Callaway, Carlos
Galliani, Ronald Hendricks, Larry
Jefferson, Dustin Lee, Caleb Moore,
Kenneth Newell, and Brian Tyrone.
We wouldn’t be here without you and
others like you.
If you are traveling south on I-35W,
look to the left at Rosedale for the new
BILLBOARD. This is LRIS advertising
for YOU! We are so excited about
our first Billboard and hope to have
additional ones on the freeways
heading north, east and west in the
metroplex in the
next few years.
Note! If you
are giving clients
the LRIS phone number,
please give them 817-336-4101, rather
than the main number to TCBA. In
order to better service clients with
referrals, LRIS is under a different
telephone system, so clients must use
817-336-4101 to receive referrals.
Joint Appellate Seminar
Presented by Tarrant County Bar Association Appellate Section, Dallas Bar Association
Appellate Section, and Collin County Bar Association Appellate Section.
Thursday, October 24, 2013
Program: 2:30-4:45 PM
Reception: 4:45-6:00 PM
The Petroleum Club
777 Main Street, 40th Floor
Fort Worth, TX 76102
Program includes sessions on “A Conversation with Clerks, Staff Attorneys, and Practitioners”;
“Tips for Appellate Lawyers from the Trial Bench”; and “Appeals and Ethics” for 2.25 hours of CLE.
Registration is $20.00 in advance or $25 at the door. Mail registration payable to the
Tarrant County Bar Association Appellate Section to Brittani W. Rollen, McDonald Sanders, P.C.,
777 Main Street, Suite 1300, Fort Worth, Texas 76102. Guests welcome.
Registration is complimentary for the Justices and Staff Attorneys of the Courts of Appeals.
TCBA Bulletin
October 2013
5
T ARRANT C OUNTY B AR A SSOCIATION S ALUTES I TS
2012-2013 “ 1 0 0 C L U B ” M EMBERS .
Adams Lynch & Loftin, P.C.
Albert Neely & Kuhlmann LLP
Allmand Law Firm, PLLC
Bakutis McCully & Sawyer PC
Barlow Garsek & Simon, L.L.P.
Barrett, Daffin, Frappier, Turner & Engel, LLC
Beal Law Firm, The
Beadles Newman & Lawler, PC
Berenson Firm P.C., The
Blaies & Hightower, LLP
Blum Firm, P.C., The
Bourland & Kirkman, L.L.P.
Bourland, Wall & Wenzel, P.C.
Brackett & Ellis, P.C.
Law Office of Art Brender, The
Broude Smith & Jennings PC
Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP
Bruner & Pappas LLP
Suzanne I. Calvert & Associates
Cantey Hanger LLP
City Attorney’s Office-City of Fort Worth
Colaneri Firm, P.C., The
Cook Children's Health Care System
Curnutt & Hafer, L.L.P.
Decker Jones McMackin McClane Hall & Bates, PC
Dismuke, Waters & Sweet, P.C.
Edison, McDowell & Herrington, LLP
Eggleston Flowers & King, LLP
Forshey & Prostok, L.L.P.
Friedman, Suder & Cooke
Gardner Aldrich, LLP
Goodrich Postnikoff & Associates, LLP
Griffith, Jay & Michel, LLP
Harris, Finley & Bogle, P.C.
Harrison Steck P.C.
Haynes and Boone, L.L.P.
Holland Johns & Penny, LLP
Jackson Walker, L.L.P.
JP Morgan Chase Bank
Johnston Legal Group, P.C.
K & L Gates LLP
Kelly Hart & Hallman LLP
Kirkley & Berryman, LLP
Law, Snakard & Gambill, P.C.
Legal Aid of NorthWest Texas
Bob Leonard Law Group, PLLC
Linebarger Goggan Blair & Sampson, L.L.P.
Lively & Associates, L.L.P.
Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor,
Lawrence & Wolffarth, P.C.
McDonald Sanders, P.C.
Mellina & Larson, P.C.
Moses, Palmer & Howell, L.L.P.
Murphy Mahon Keffler Farrier, L.L.P.
Noteboom Law Firm
Nunneley Family Law Center
Pope, Hardwicke, Christie, Schell, Kelly & Ray, L.L.P.
Ross & Matthews, P.C.
Jim Ross & Associates
Second Court of Appeals
Shannon, Gracey, Ratliff & Miller, LLP
Tarrant County DA’s Office
Taylor Olson Adkins Sralla & Elam, LLP
Thompson & Knight, LLP
Wallach & Andrews, P.C.
Watson, Caraway, Midkiff & Luningham, L.L.P.
Whitaker Chalk Swindle & Schwartz PLLC
Wilson, White & Doby, LLP
Winstead PC
This is a new list of the “100” Club law firms. If your firm is not listed, then membership renewals for 100%
of the firm’s attorneys have not been received. For information, contact Membership Director
Cindy Rankin at 817-338-4092 or e-mail cindy@tarrantbar.org.
Law firms, government agencies, law schools, and corporate legal departments, with 100% of their
attorneys (four or more) enrolled as members, qualify for the “ 100 C LUB . ” TCBA is proud of the
participation of these law firms and other groups in the 2013-2014 Bar year.
As the TCBA gets more and more benefits, there
are those who may want to carry a Tarrant County Bar Association membership card. They are available, upon
request. Contact cindy@tarrantbar.org or call 817‐338‐4092. We will prepare your card and you may come by the
office, or we will send it to a section, committee, luncheon meetings, etc.
TCBA Membership Cards Available
6
October 2013
TCBA Bulletin
B AR F OUNDATION H OSTS 2 ND A NNUAL
“L ITTLE L UNCH , B IG S TORIES ”
BBS Committee Chair Chris
Stoy and his committee,
B
Amber Altemose, Wes Cooper,
Wendy Hackler, Jared Harrell,
Shelby Jean, Bruce Moon, Jerrod
Rinehart, Susan Ross, Kelli Walter,
Patrick Rose, Tennessee Walker, and
Wilson Woods coordinated the 2nd
Annual “Little Lunch, Big Stories”
luncheon benefiting the Big Brothers
Big Sister organization. The Bar
Foundation provided funds of $3,150
in addition to the $850 donated at the
luncheon. Thank you to the following
sponsors of the luncheon tables:
Brackett & Ellis, P.C.
Cantey Hanger LLP
Harris Finley & Bogle, P.C.
Haynes and Boone, L.L.P.
McDonald Sanders, P.C.
Carolyn McFatridge &
Monica Wood
Whitaker Chalk Swindle &
Schwartz PLLC
First–hand accounts from “Bigs”
and “Littles” who have benefitted from
BBBS here in Tarrant County were
shared. Bruce Moon of Brackett &
Ellis, P.C. reflected on his two
little brothers and the success of
their relationships during the past
30 years. He now serves as a
board member of the local BBBS and
encourages others to get involved with
the organization. Bruce stated, “You
are probably saying to yourself that
you don’t have time. Well I said the
same thing until I met my first Little
Brother, Sedrick. Being Sedrick’s Big
Brother changed my life. I don’t know
who had more fun, and I don’t know
who helped who more. You always
have time to help others and to have
fun.”
In
addition to
Bruce, Chris
Stoy and
Tennessee
Walker
shared their
experiences
as Big
Brothers.
Both
joined
Bruce in how their role as a “Big”
has changed their lives.
Guest Speaker Big
Sister Ashley Griffin and
her Little Sister Michelle
shared their story. Ms.
Griffin told how she was
really busy and decided to
just take Michelle on a
n the month of
October, lawyers
I
who practice family law
in Tarrant County have
the opportunity to
participate in Goal30, a program to increase professionalism. Attorneys voluntarily commit to reread the Texas
Lawyer's Creed with an attitude of inspiration and reflect on
their day-to-day behavior vis-a-vis the Creed. They also
agree to encourage and inspire colleagues to do the same.
The Creed, written in 1989, was again approved by the
Texas Supreme Court and the Court of Criminal Appeals in
March this year as the standard of professionalism. Legal
community enhancement in professionalism will both
increase value to clients and improve the working environment of attorneys. Availability of DIY divorce forms has
members of the public obtaining their divorces without the
benefit of legal advice. This has resulted in, for example,
TCBA Bulletin
picnic for a few hours. To her
surprise, Michelle was so delighted
because she had never been on a
picnic. “It made me stop and realize
that some of life’s simple things can
become big things in a child’s life.
Although I have only been a Big Sister
to Michelle for eight months, she has
brought so much joy to my life,” tells
Ms. Griffin. Little Sister Michelle
told several “firsts” in her life with
Ashley and how much fun they have
each time.
Roberta Meyer, Regional Executive
Director for Tarrant County, shared the
BBBS Mission and proposes to broaden the horizons and brighten the future
of kids. Approximately 1,200 kids in
Tarrant County are waiting to be
matched with a Big. It takes approximately $1,000 to support a match
between a Big Brother or Sister and a
Little. To learn more how you can
become involved, go to the BBBS
website at www.bbbstx.org. The Bar
Foundation accepts donations on
behalf of BBBS
which are tax
deductible and
may be sent to
TCBF, Attention
BBBS Fund, 1315
Calhoun, Fort
Worth 76102.
divorce decrees for people with children not providing for
child support or visitation. An increase in the professionalism for the family law bar provides more value to potential
clients, and the public will see that attorneys offer benefits
not obtainable in DIY forms.
The program includes "support" components meant to
keep everybody focused and on track. This includes social
media, regularly scheduled brownbag lunches in the
lawyer’s lounge, and CLE.
At the end of the month, there will be a review of
whether a focused effort on "best practices" by an entire
community can change culture. Family lawyers are excited
to participate in this group effort and most are willing to set
aside their cynicism for a month.
Complete details about Goal30, as well as the pledge
itself, are at www.Goal30.com.
Diane M. Wanger
October 2013
7
THE AFFORDABLE CARE ACT’S NEW RETALIATION CLAIMS
BY HENRY ROBINSON, Partner
Chair of Labor & Employment/Healthcare Law
Kelly Hart & Hallman LLP
final order. Not later than 30 days
after the date of notification, either
party may file objections to the findFair Labor Stanings or preliminary order, or both, and
dards Act (FLSA)
request a hearing on the record. If a
to add new antihearing is not timely requested, the
retaliation or
preliminary order is deemed a final
whistleblowing
order that is not subject to judicial
provisions and an enforcement
review. The filing of objections and a
procedure. This amendment will
request for hearing before an Adminisbecome especially important starting in
trative Law Judge (ALJ) are prere2014.
quisite to judicial review. Not later
than 120 days after the conclusion of
New Categories of Protected
the hearing, the ALJ must issue a final
Conduct. The ACA creates five new
order. If the ALJ determines that a
categories of protected activity.
violation occurred, the final order may
1. The employee objects to or
include: (i) affirmative action to abate
refuses to engage in any act or
the violation, (ii) reinstatement plus
policy reasonably believed to be
back pay, and (iii) compensatory
in violation of any provision of
damages.
Title I of the Affordable Care
The procedure’s fourth part is a
Act.”
petition to the Appeals Review Board.
2. The employee has received
A party desiring judicial review must
a subsidy in the form of either a
first file, within 14 days of the ALJ’s
premium tax credit or a costdecision and order, a petition for
sharing reduction. To receive
review with the Appeals
either subsidy, an employee
Review Board. The ARB may
must have gone to an exThis amendment will become
accept or refuse the petition for
change and qualified for one
review, and that decision must
of the subsidies.
especially important starting 2014.
be made within 30 days of the
3. The employee provides to
filing of the petition.
the employer, the federal
Judicial Review. The complainant
Second, an administrative investigovernment, or a state attorney
may
file in federal court an action “for
gation
will
be
discontinued
unless
the
general information that the
de
novo
review” if the DOL has not
complainant
establishes
a
prima
facie
employee reasonably believes to
case. The respondent and complainant issued a final decision within (a) 210
be a violation of the ACA’s
days after the filing of the complaint or
may submit a written statement,
amendment to Title 29 of the
(b) 90 days of the written determinaaffidavits,
and
documents
and
request
United States Code.
tion. If the Secretary has issued a final
a meeting with the DOL. The DOL
4. The employee assists or
order, the complainant or respondent
will issue written findings about
participates in a proceeding.
may file a petition for review with a
whether there is reasonable cause to
The regulation implies that a
federal court of appeals. The petition
believe that the respondent has
“proceeding” under the
does not operate to stay the Secretary’s
retaliated against the complaint, and
regulation is a proceeding over
these are to be issued within 60 days of order.
an alleged violation of any
the filing of the complaint. If the DOL
Conclusion. Most employees and
provision of Title I of the ACA.
has found that a violation occurred, but attorneys are unaware of the ACA’s
5. The employee has testified
the employer has demonstrated by
anti-retaliation provisions, much less
in or is about to testify in a
clear and convincing evidence that the
the procedures. This will change as
proceeding concerning such
employer would have taken the same
Exchanges become operational in 2014
violation.
unfavorable personnel action in the
and as the employer mandate is
absence of that behavior, then relief
Acts Qualifying as Retaliation.
implemented in 2015. Eventually, the
may not be ordered. Otherwise, the
The ACA prohibits an employer from
ACA anti-retaliation provisions will
DOL’s finding of a violation must
discharging or in any manner
become another arrow in the
include a preliminary order granting
discriminating against any employee
employee’s quiver, and employers will
relief.
because the employee has engaged in
adopt policies and internal procedures
protected activity. Prohibited acts are
to prohibit ACA retaliation.
The third part of the procedure
not limited to ultimate employment
entails objections, a hearing, and a
he Affordable
Care Act
T
(ACA) amends the
8
decisions. The interim final rules
define “discrimination/retaliation” to
include not just discharging, but also
laying off, blacklisting, demoting,
denying overtime, denying promotion,
disciplining, denying benefits, failing
to hire or rehire, threatening, intimidating, reassigning in a way that
affects prospects for promotions, and
reducing pay or hours.
Administrative Complaint
Procedure. The ACA adopts the preexisting administrative complaint
procedure used in the Consumer
Product Safety Act. The Occupational
Safety and Health Administration
(OSHA) of the United States Department of Labor (DOL) has issued
interim final rules adapting this
procedure to ACA retaliation complaints. First, the deadline for the
employee to file a complaint is 180
days after an alleged ACA violation
occurs. The complaint is to be filed
with OSHA.
October 2013
TCBA Bulletin
RULE 169: A FAST TRACK
TO
NEW CONCERNS
BY JUDGE MIKE HRABAL, County Court at Law # 2
uring the
2011
legislative session, HB 274 was passed
to address the perceived problem of
protracted litigation of smaller claims.
One portion of the bill amended Texas
Civil Practice and Remedies Code
§22.004 and directed the Texas Supreme
Court to establish “rules to promote the
prompt, efficient, and cost-effective
resolution of civil actions” seeking
$100,000 or less. While the Expedited
Action rules do not apply to suits for
medical liability or to suits filed under
the Tax, Property, or Family Code,
divorce actions with no children and
marital assets of less than $50,000 are
restricted by the new discovery
limitations.
In November 2012, the Texas
Supreme Court proposed new Texas
Rules of Civil Procedure 47, 169, 190.2,
and 190.5 and took comments from the
public, bench, and bar. After making
revisions to address various concerns on
February 12, 2013, the final Rules were
adopted and apply to all actions filed
after March 1, 2013.
The initial determination regarding
“Expedited Actions” is whether it even
applies to a case. For decades TRCP 47
prohibited parties from seeking
unliquidated damages in a specific
dollar amount. The new Rule 47
requires that a party plead that the
action is either for $100,000 or less
(including all penalties, attorneys fees,
costs, and prejudgment interest) in
monetary relief, or that other dollar
ranges of monetary relief are sought. If
any non-monetary relief is sought, the
Expedited Actions rules do not apply.
Two interesting wrinkles created by
the new Rules are that a party who fails
to plead into some specific range may
not conduct discovery (TRCP 47), and
if the action is pled such that it is an
“Expedited Action,” the party cannot
recover more than a total of $100,000
plus post-judgment interest. TRCP
169(b).
If a counterclaim is filed that is
outside the Expedited Action definition,
the Rule requires the court to remove
the case from the process. (TRCP
169(c)(1)(B)). For a pleading to
successfully remove the suit from the
Expedited Action restrictions, it must be
filed before the earlier of 30 days after
D
TCBA Bulletin
the discovery period closes or 30 days
before the trial date. If these deadlines
are missed, the counterclaim is
apparently limited to the $100,000 total
recovery limits.
The Expedited Action rules mostly
impact the discovery process. In TRCP
190.2(b), each party is limited to 15
Interrogatories, 15 Requests for
Production, and 15 Requests for
Admission. However, parties are
provided an additional request for
disclosure that is worded identically to
Federal Rule of Civil Procedure 26: for
“all documents, electronic information,
and tangible items that the disclosing
party has in its possession, custody, or
control and may use to support its
claims or defenses.” TRCP 190.2 (b)(6).
The breadth of this disclosure may
obviate the need for other discovery.
Texas lawyers can probably rely on
federal court decisions interpreting Rule
26 to determine the breadth and
responsiveness requirements of this new
category of disclosure, although there
will doubtlessly be some issues that
must be settled by Texas appellate
courts, much to their chagrin.
Whether the new rules will
actually accelerate the trial of
these civil matters remains to
be seen.
The greatest danger in Expedited
Actions is the new “discovery period,”
which begins when suit is filed and
concludes 180 days after service of the
first discovery of any kind. Parties
served citation and discovery at the
same time may find it difficult to
comply with the requirement that all
discovery be concluded within these six
months. However, if the pleading fails
to comply with TRCP 47, the discovery
period will not begin until the pleading
is corrected.
Additionally, the new rules do not
allow objections to experts until
summary judgment or trial, so a party
intending to offer expert testimony
should request a pre-trial hearing on its
admissibility to prevent trial delays.
TRCP 169(5). Jurors waiting during
lengthy expert challenges may grow
hostile towards one or both parties.
The initial version of Rule 169
October 2013
prohibited courtordered mediation.
After comments the
Supreme Court
allowed mediation
subject to strict limitations. Unless the
parties agree, the court may order only
one-half day of mediation, and the total
cost of the mediation may not exceed
twice the amount of the filing fee.
TRCP 169(d)(4). It remains to be seen
whether qualified mediators will be
willing to conduct such time-and costlimited mediations. The rule also
requires that mediation be conducted
more than 60 days before the initial trial
setting, thus robbing courts of the
discretion to order older cases to
mediation.
Trial settings must be requested by a
party but, when made, require the court
to set the case for a date within 90 days
after the end of the discovery period.
TRCP 169(d)(2). This could potentially
create a conflict with TRCP 245, which
requires that an initial trial setting be
ordered not less than 45 days before the
trial. In addition, Local Rules may
impact the trial date. Falling into these
“Twilight Zones” should be avoided.
Rule 169 allows only two
continuances “not to exceed a total of
60 days” but makes no mention whether
each continuance may not exceed 60
days or whether this is cumulative. In
addition, if the case is set but not
reached for trial, the Rule has
apparently been complied with (because
the case has been set), but a case that is
not reached for trial has technically not
been “continued.” See TRCP 251 et seq.
Thus Rule 169 may have little practical
effect.
When the case is tried, the Expedited
Action rule requires a party to present
its case in no more than eight hours,
excluding the time for objections and
bench conferences. TRCP 169(d)(3). On
a showing of good cause, the court may
enlarge this to 12 hours. The Rule
provides no guidance as to who is to
keep time, and ultimately this duty will
likely fall to the parties.
Any change to the Texas Rules of
Civil Procedure will necessarily evoke
anxiety in attorneys. Whether the new
rules will actually accelerate the trial of
these civil matters remains to be seen.
9
TARRANT C OUNT Y
VOLUNTEER ATTORNEY S ERVICES
KAREN DENNEY & SHAUNA WRIGHT, co-chairs
TVAS ASSISTS COMMUNITY MEMBERS
SEEKING REPRESENTATION
n August 27, 2013, TVAS held
its fourth event, which was
O
sponsored by Haynes and Boone, LLP.
THANKS TO HAYNES AND BOONE,
LLP FOR SPONSORING THE EVENT.
This event connected 22 local
volunteer attorneys with low-income
clients who would not otherwise
receive legal representation. TVAS, a
Tarrant County Bar Foundation
committee, was founded in 2012 to
serve the Tarrant County community
by making such connections; to
encourage participation from the legal
community in pro bono legal services;
and to create a program that recognizes
individual attorneys, law firms and
corporations in Tarrant County for
their commitment to pro bono legal
representation.
At the August 27th event held at the
TCBA offices, 67 volunteers participated to ensure that 19 divorce
petitions were filed that night, and two
other petitions will be filed based on
representations established at the
event. Judge Bonnie Sudderth and
Judge Judith Wells, both of whom
serve on the TVAS Committee,
welcomed the participating volunteer
attorneys, spoke about the great need
for pro bono services in Tarrant
County, and explained how the event
would proceed. Twenty-two attorneys
volunteered to take pro bono divorce
cases at the event. Prior to the event,
Tarrant County Bar Pro Bono Coordinator Aleed Rivera and TCBF Summer
Intern Daniel Buran, from the
University of Oklahoma College of
Law, prescreened the clients for
income eligibility with the Legal
Services Corporation’s indigence
guidelines. Fort Worth Paralegal
Association (FWPA) volunteers, Karen
Denney from Haynes and Boone LLP,
Shauna Wright and Megan Cooley
from Kelly Hart & Hallman LLP, and
Aleed Rivera prepared initial draft
pleadings and related affidavits for all
of the pro bono clients for the
volunteer attorneys’ use and modification at the event. At the event, the
volunteer attorneys met with the
clients and, again with the assistance
of the FWPA, revised and finalized the
petitions and affidavits for filing.
Family law attorney mentors were
available at the event to answer any
questions the pro bono volunteer
attorneys had concerning the petitions
or their clients’ circumstances. District
Clerk Tom Wilder and his staff were
present to accept the petitions for filing
so that everything from the initial
client meeting to the filing of the
petition could occur in one night, and
Constable Dub Bransom and his
deputies volunteered their services and
provided security at the event.
Ethel Steele, a partner with Pope
Hardwicke Christie Schell Kelly &
Ray LLP, whose practice concentrates
in real estate and corporate law,
volunteered and took a divorce case at
the event. Steele stated that she
greatly enjoyed the event, would
definitely do it again, and recommends
it to attorneys with no family law
experience as a way to be exposed to
the basics of the process in a tremendously supportive environment.
THANK YOU TO ALL THE VOLUNTEERS WHO MADE THE TVAS EVENT A SUCCESS
Merrit Klapperich – Legal Aid of
TVAS Committee
Karen Denney, TVAS Committee Co-Chair –
NorthWest Texas
Patricia LaRue – Benenati Law Firm
Associate Judge James Munford –
Haynes and Boone, LLP
Shauna Wright, TVAS Committee Co-Chair –
Kelly, Hart and Hallman, LLP
322nd District Court
Lisa Arnesen – Family Law Manager,
Aleed Rivera – Tarrant County
Bar Association/Foundation
Tarrant County District Clerk’s Office
Norma Bazan– Law Office of Gary L. Nickelson
Judge Nancy Berger – 322nd District Court
Mattie Compton – U.S. Department of Justice
Nikki Chriesman – Law Office of Nikki Chriesman
Mark Daniel – Evans, Daniel, Moore, Evans & Lazarus
Rory Divin – McDonald Sanders, P.C.
Judge David Evans – 48th District Court
Terry Gardner – Gardner Aldrich, LLP
Trisha Graham – Tarrant County Bar Association/Foundation
Shelby Jean – Legal Aid of NorthWest Texas
Roland Johnson – Harris, Finley & Bogle, P.C.
Jeff Kaitcer – Loe, Warren, Rosenfield, Kaitcer, Hibbs,
Michael Sheehan –
Thompson & Knight, L.L.P.
Julie Sherman – Fort Worth Paralegals Association
Donna Smiedt – Law Office of Donna J. Smiedt
Judge Bonnie Sudderth – 352nd District Court
Philip Vickers – Cantey Hanger, LLP
District Clerk Tom Wilder
Judge Judith Wells – 325th District Court
Craig Woodcook – Ben E. Keith Company
Windsor & Lawrence, P.C.
10
October 2013
TCBA Bulletin
Judiciary
Judge Jesse Nevarez Jr. – 231st
Tarrant County Constables
Constable Dub Bransom
Chief Deputy Fred Rogers
Deputy Alan Beadel
Deputy Gary Mauk
Deputy Gerry Quiat
Deputy Randy Walker
District Court
Judge Bonnie Sudderth – 352nd
District Court
Judge Judith Wells – 325th District
Court
Volunteer Attorneys
Norma Bazan – Law Office of Gary L. Nickelson
Bob Bodoin – Bodoin & Agnew, PLLC
Rustin Brunson – The Law Offices of Orsen E.
Tarrant County District Attorney’s Office
Julie Sladek
Paxton, LLL PC
Vincent Circelli – Haynes and Boone, LLP
John J. Corbin – Law Offices of John J. Corbin
Anita Cutrer – Hoppes & Cutrer
Jennifer de Haro – Catholic Charities of Fort Worth
Cesar Diaz – Tarrant County College
Andrew Etter II – Law Offices of Andrew Etter
Veronica Garza – Catholic Charities of Fort Worth
William Greenhill – Haynes and Boone, LLP
Adam Kielich – The Kielich Law Firm
Abbey Kirby – Law Offices of John David Hart
Patricia LaRue – Benenati Law Firm, P.C.
Sean Looney – Kirkley & Berryman LLP
Francis Nathan – The Nathan Law Firm
Wes Myers – Blaies & Hightower LLP
John Shaw – Whitaker Chalk Swindle & Schwartz PLLC
Ethel Steele – Pope Hardwick Christie Schell
Kelly & Ray LLP
Ricky Torlincasi – Dawson Parrish, P.C.
Ryan Valdez – Cantey Hanger, LLP
Aaron Young – American Airlines Federal Credit Union
Tarrant County Bar Association/Foundation
Tressia Graham
Pat Leake
Trisha Graham
Aleed Rivera
Carolina Ibarra
University of Oklahoma
College of Law
Daniel Buran
Texas A&M University
School of Law
Charmaine Voorhees
Fidelity Investments
Michele Darby
Jonathan Panning
Jennie Piccolo
Diane Zubalsky
Juris Fabrilis Jeff Sanford and Sam Salazar
Fort Worth Paralegal Association
Jessica Acosta – Bob Leonard Law Group
Trina Brown – JP Energy Partners, LP
John Denny – Paralegal
Student at UTA
Frankie Gagnon – American
Paint Horse Association
Volunteer Mentor Attorneys
Norma Bazan – Law Office of Gary L. Nickelson
John Clark – Law Office of J. Kevin Clark P.C.
Michele Delotto – Hurr Law Office PC
Sylvia Duarte – Duarte Law Office, PLLC
Gary Nickelson – Law Office of Gary L. Nickelson
Tarrant County District Clerk
District Clerk Tom Wilder
Lisa Arnesen
Cynthia Cotman
Michele Darby
Jeff Fisher
Bill Hahn
Carol Ladkins
Pam Pinyon
Anita Wilson
Willie Ybarra
TCBA Bulletin
Ameera Hallaq – freelance
Doris Jackson –
William S. Harris &
Paul A. Conner
Debbie House – Beadles,
Newman & Lawler, PC
Julie Sherman – Cantey Hanger, LLP
Joy Trammell – Wilson, White & Doby, LLP
TVAS Event Sponsorships Available
If you, your firm, company, or other organization would
like to totally or partially sponsor a Tarrant County
Volunteer Attorney Services pro bono event by funding
supplies and any other costs associated with the event,
please contact Aleed Rivera at aleed@tarrantbar.org for
more information.
October 2013
11
Dear friends,
After more than 14 months of
planning and preparation, Texas
A&M University School of Law began
operations on August 12, 2013. Just
days later, we welcomed 250 new
Aggie law students — a talented and
diverse class ready to make history.
Complementing its extensive degree
offerings with a law school has been
a long-standing goal of Texas A&M
University. In choosing to acquire Texas Wesleyan University
School of Law, Texas A&M valued the achievements of the
law school faculty, the strength of the academic program, and
the success and professionalism of the school’s graduates. By
D I ¿ O L D W L Q J Z L W K D F R P S U H K H Q V L Y H 7 L H U 2 Q H L Q V W L W X W L R Q Z H H [ S H F W
to enhance the quality of the law school’s educational program
and to produce top quality graduates who embody the core
YDOXHV RI 7H[DV $0 LQWHJULW\ UHVSHFW OR\DOW\ VHOÀHVV VHUYLFH
leadership, and excellence.
As we prepare our students to become not just the lawyers, but
the leaders of tomorrow, we are mindful that they will need a
range of skills and knowledge to succeed. That is why we continue
to enhance our curriculum to add new clinical opportunities,
ethical challenges. In an effort to enhance our students’ global
perspective, we are also preparing to launch new study abroad
programs in conjunction with Texas A&M.
It is an exciting time for the law school and for the Dallas/Fort
Worth community, where we live, work, and serve. We look
forward to updating you as we continue our transition. In the
meantime, I invite you to attend one of the events listed to the
right or stop by the law school for a visit.
Events
Calendar of Events
Fall 2013
Fall
September 26
Distinguished Practitioner
Speaker
Speak
er Series
Community
Community Luncheon,
Ashton Depot,
Depot, Fort
For t Worth
Wor
o th
October 9
Fort Worth
Wo
orth Business Press
Press
Power
Attorneys
Event,
P
ower Attor
neys Dinner Ev
ent,
Club,, F
Fort
City Club
or t Worth
Wor
o th
October 25
Law
Law Review,
Review,
Intellectual Property
Proper ty Symposium,
Law
Law School
No
November
vember 7
Arlington Happ
Happy
y Hour
No
November
vember 15
The Journal
Jour nal of Real
Real Property
Proper ty Law,
Law,
Wind
Wind Energy
Energy Symposium,
Law
Law School
No
November
vember 17-18
Swearing-in
Sw
earing-in Ceremony
Ceremon
ny &
R
eception,
Reception,
A
ustin, Texas
Texas
Austin,
No
November
vember 19
Austin
Austin CLE
December 5
Gig ’em!
Alumni Holiday
Holiday Lunch,
JJoe
oe T.
T. Garcia’s,
Garcia’s,
For t Worth
Wor th
Fort
December 13
Aric Short
Interim Dean and Professor of Law
Texas A&M University School of Law
12
Reception
Graduation & Reception
First United Methodist Church,
Church,
First
For t Worth
Wor th
Fort
October 2013
TCBA Bulletin
something on my own
n
to LA
to
really
screw this up
s
T HuTCY
(apart from writing these
O in Wmonthly letters). I provide a
H
S Justnt, F
small percentage of motivation
P y ide
and leadership, and the skilled
A
b res
N
attorneys around me, with the help of
P
the ever-present TCBA staff, make it
happen. Therefore, I will not spend
s you are reading this, I have
this or future letters talking about
already been serving as
myself, as I provide little to the overall
TCYLA President for over a month. I
grand idea and success that is the
have, however, at the time of writing
TCYLA, but will instead concentrate
this, yet to serve a single day in those
on bringing to you the events and
shoes. I suppose I could step into the
activities that our fearless directors
role and quote some great statements
have painstakingly coordinated for the
on leadership (Spiderman’s “With great next year.
power, comes great responsibility”
By now the TCYLA will already
comes to mind), but in actuality, what
have completed two of its biggest
is great about being the President of
events of the year.
TCYLA is that it comes with little
actual leadership responsibilities, per
The Annual TCYLA Golf
se. What it does come with is a group Tournament took place on Friday,
of Officers and a Board of Directors
September 20, at Whitestone Golf
already so skilled and efficient in their Club. Proceeds from the tournament
fields that they can find time to give
were designated for the Tarrant County
back to the legal community through
Bar Foundation, and a portion was
their involvement. It comes with
earmarked by the Foundation to
friendships and associations that not
provide scholarship funding to students
only assist in the practice of law, but
at the newly named Texas A&M
also bring fulfillment to our lives
University School of Law. A big shout
outside of the profession. What comes out to Chris Gee and his committee for
with being President of the TCYLA is
putting on this always fun event.
the knowledge that I am surrounded by
On September 26, TCYLA held its
absolutely the best of young lawyers
annual Fall Fete, which allowed young
and little risk that I could do
A
A
L
Y
S
A
attorneys to mix and mingle with
Tarrant County judiciary. The event
was held at Texas de Brazil, which
always provides a great atmosphere
and delicious food. Thanks to Amber
Altemose and her committee for
setting up and pulling off another great
time.
In the upcoming months, keep your
eyes peeled for information on our
FREE Member CLE, the kickoff of the
TCYLA’s mentor program, the
TCYLA Family Picnic, Wills Clinic,
and more exciting activities and
chances to get involved. In addition,
TCYLA will keep up with its monthly
events promoting friendships and
camaraderie among its members in the
form of monthly happy hours, CLE
luncheons, and the occasional
outdoor/sporting activity.
This fall is shaping up already, and
I am excited for the possibilities
moving forward. As with all things,
the TCYLA is what you make of it,
and I encourage you all to loosen up
your ties, kick off your heels, and
come join us at an event or two. Trust
me, once you get involved, it’s hard to
quit.
Sincerely,
Justin
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their free copy for as long as they last. The directory is available to non-members for
$150 per copy.
T
I N M EMORIAM S TEPHEN C. C OEN
tephen Coen passed away on Saturday, August 31,
at the age of 61, after eight weeks in the hospital
S
from complications of his heart attack of July 9. He was
born July 21, 1952, in Iowa. He began his legal career as
a paralegal for the IRS. After he received his J.D. from
Texas Tech and was licensed in Texas in May, 1987, he
worked as an IRS attorney for ten years before he began
his own law practice in Arlington.
TCBA Bulletin
Steve had been a long-time
advertiser in the Bar Bulletin for his
service as a tax attorney before the
IRS and state tax authorities. He was
a member of TCBA participating in
the Tax & Estate Planning, Bankrupty
Law, Real Estate, and Solo & Small
Firms sections of the Bar.
October 2013
13
S NIPPETS—C IVIL A ND C RIMINAL
BY J USTICE
ELOQUENCE—A LOST ART
“I’ve been called worse things by
better men.” –Pierre Trudeau
Thanks to Roger Towery for this item.
WHO’S THAT STREET NAMED AFTER?
The road to Jacksboro, Texas, was
named for William H. and Patrick
Jacks in 1858 when it was changed
from Mesquite Road and, before that,
Lost Creek Road.
From Who Was Hulen? An Attempt to
Find the Origins of Street Names in
Fort Worth, Walter Magnus (1990).
WHO’S THE JUSTICE?
John Speer served as an Associate
Justice from 1936 to 1950. Born in
1873 in Montague, Justice Speer had
little formal education, but took up the
study of law in the offices of his
brother, Justice Ocie Speer. He was
admitted to the bar in 1896 and
practiced law in Bowie until 1918,
serving stints as City Attorney of
Bowie and County Attorney of
Montague County. Justice Speer was
appointed judge of the 16th District
Court in 1918, then reentered private
practice in 1919. He was appointed to
the Second Court of Appeals in 1936
and served until his retirement in 1950.
ASK JUDGE BOB:
Judge Bob, who
owns the mineral
estate under a river,
and does it matter?
Yes, because the State
owns the riverbeds and
the minerals underneath the riverbeds in
Texas, the boundary of
the riverbed is critical in determining
the rights of the State, riparian mineral
interest owners, and riparian surface
owners. Riemer v. State, 392 S.W.3d
635, 637 (Tex. 2013).
ASK THE DANE—
Ramses, to what
extent must the State
go to prove up a
drug-dog’s olfactory
expertise?
“[E]vidence of a
dog’s satisfactory
performance in a certification or
training program can itself provide
sufficient reason to trust his alert. If a
bona fide organization has certified a
14
B OB M C C OY , 2nd Court of Appeals
dog after testing his reliability in a
controlled setting, a court can presume
(subject to any conflicting evidence
offered) that the dog’s alert provides
probable cause to search.” Florida v.
Harris, 133 S. Ct. 1050, 1057 (2013).
THE DANES’ QUOTE OF THE MONTH
“The most affectionate creature in
the world is a wet dog.”–Ambrose
Bierce
CIVIL ITEMS OF INTEREST
1. The Tort Claims Act
“A governmental unit does not
‘use’ property within the meaning of
the TCA when it merely allows
someone else to use it.” Rusk State
Hosp. v. Black, 392 S.W.3d 88, 97
(Tex. 2012).
2. The Appellate Record
“We cannot consider documents,
that are not part of the record, attached
as appendices to briefs.” Champion v.
Robinson, 392 S.W.3d 118, 124 n. 7
(Tex. App.–Texarkana 2012).
3. Sovereign Immunity
“A state official’s illegal or unauthorized actions are not considered
acts of the State. Accordingly, sovereign immunity from suit does not
apply to a cause of action to determine
or protect a private party’s rights
against a state official who has acted
without legal or statutory authority.”
Scott v. Alphonso Crutch Life Support
Ctr., 392 S.W.3d 132, 137 (Tex.
App.–Austin 2009).
4. General Appearance
“A party enters a general appearance in a case when it (1) invokes the
judgment of the court on any question
other than the court’s jurisdiction, (2)
recognizes by its acts that an action is
properly pending, or (3) seeks affirmative action from the court.” Superior
Broad. v. Doud Media Grp., 392
S.W.3d 198, 205 (Tex. App.–Eastland
2012).
5. Consequential Damages
“Consequential damages are those
damages that result naturally, but not
necessarily, from a party’s breach of
contract. Consequential damages are
not recoverable unless the parties
contemplated, at the time of contract
formation that such damages would be
a probable result of the breach. Thus,
to be recoverable, consequential
damages must be foreseeable and
directly traceable to the breach and
result from it.” Superior Broad. v.
Doud Media Grp., 392 S.W.3d 198,
October 2013
209 (Tex.
App.–Eastland 2012).
6. Trade Secret
“Rule 507 requires the party
resisting discovery to first establish
that the information sought constitutes
a trade secret. The burden then shifts
to the requesting party to establish that
the information is necessary for a fair
adjudication of its claim or defense.”
In re Goodyear Tire & Rubber Co.,
392 S.W.3d 687, 693 (Tex.
App.–Dallas 2010).
7. Governmental Immunity
“Governmental immunity may be
raised in a plea to the jurisdiction or in
a motion for summary judgment.
When governmental immunity is
raised in a motion for summary
judgment, we apply the standard of
review for summary judgments.”
Hudson v. City of Hous., 392 S.W.3d
714, 721 n. 7 (Tex. App.–Houston [1st
Dist.] 2011).
CRIMINAL ITEMS OF INTEREST
1. Mitigating Evidence
“The law does not require that a
juror consider any particular piece of
evidence to be mitigating. The law
requires only that defendants be
allowed to present relevant, mitigating
evidence and that the jury be provided
a vehicle to give mitigating effect to
that evidence if the jury finds it to be
mitigating.” Hernandez v. State, 390
S.W.3d 310, 315 (Tex. Crim. App.
2012).
2. Consent
“A driver’s consent to a blood or
breath test must be free and voluntary,
and it must not be the result of physical or psychological pressures brought
to bear by law enforcement. . . .The
validity of an alleged consent is a
question of fact, and the State must
prove voluntary consent by clear and
convincing evidence.” Fienen v. State,
390 S.W.3d 328, 333 (Tex. Crim. App.
2012).
3. Intent
“Our statement in Roberts that
there must be ‘proof of intent to kill
the same number of persons who
actually died’ was dictum, and we now
decide that such dictum was
improvident. It is certainly possible to
intend more than once to kill a
particular person. A defendant could
TCBA Bulletin
shoot at John on Monday with the
bullet hitting Mary and killing her
instead. Then the defendant could
shoot at John again on Tuesday and
this time succeed in killing him.
Surely no one would suggest that the
defendant in such a situation is not
guilty of two murders.” Ex Parte
Norris, 390 S.W.3d 338, 341 (Tex.
Crim. App. 2012).
4. Motive and Opportunity
“Although motive and opportunity
are not elements of murder and are not
sufficient to prove identity, they are
circumstances indicative of guilt.”
Temple v. State, 390 S.W.3d 341, 360
(Tex. Crim. App. 2013).
5. Manslaughter
“‘[M]ere lack of foresight, stupidity, irresponsibility, thoughtlessness,
ordinary carelessness, however serious
the consequences may happen to be,’
does not rise to the level of criminal
recklessness.” Britain v. State, 392
S.W.3d 244, 248 (Tex. App.–San
Antonio 2012).
6. Telephonic Search Warrant
“We agree with the appellant that
whether telephonic search warrants are
permissible in Texas depends upon the
parameters of the statute as it currently
reads.” Clay v. State, 391 S.W.3d 94,
98 (Tex. Crim. App. 2013).
7. Depositions
“[D]epositions are extraordinary
and subject to the broad discretion of
the trial court, but also that it is
appropriate to grant a deposition ‘if the
witness has information critical to a
significant factor at trial, or if the
witness has exclusive possession of
certain information.’” Frangias v.
State, 392 S.W.3d 642, 655–56 (Tex.
Crim. App. 2013).
QUOTE OF THE MONTH
“The love of justice in most men is
simply the fear of suffering injustice.”
–Fracois, Duc De La Rochefoucauld
OLD NEWS.
Apparently the oldest standing
courthouse in the state of Texas is the
1848 log courthouse in Navarro
County, which is no longer used for its
initial purpose. Also, in 1856, Cora
became the county seat of Comanche
County, and a log residence was
turned into the Comanche County
courthouse, which was later moved to
the present courthouse square in
Comanche.
A LAW STUDENT’S EXPERIENCE
AS A V OLUNTEER
’m Daniel Buran, and am
I
attending the University of
Oklahoma College of Law. My first
year of law school was spent furiously
studying and trying to understand new and confusing legal
terms and concepts. I don’t believe I could see the forest for
the trees during my 1L year. I would be lying if I claimed I
never had second thoughts on my decision to enroll in law
school. It wasn’t until I started volunteering at the Tarrant
County Bar Foundation that I learned how the practice of law
actually worked outside of the classroom. Working with the
pro bono programs of the TCBF, I began to witness not only
how the law is applied in real life cases, but I also spoke with
and met the people we were actually helping. I spent this
summer working with the Tarrant County branch of Texas
Lawyers for Texas Veterans (TLTV) and the Tarrant County
Volunteer Attorney Services (TVAS) program. Through
these two programs, I worked with low-income families,
veterans, and clients with mental health issues. I learned how
to interview, build rapport, and build trust with these clients
as I helped them through our clinic processes.
Working with the different clients taught me how to
interview and connect with my future clients. It was Aleed
Rivera, the Pro Bono Director, who taught me the most this
summer. She took me under her wing, and my experiences
surpassed any of my expectations for my summer internship.
Aleed trusted me and gave me responsibilities that allowed
me to gain experience in several different types of law. I was
TCBA Bulletin
able to draft and edit estate
planning documents, interview clients,
and prepare documents for the TVAS
divorce clinic, and even research and
draft a memo on property law issues.
The encouragement of the committee
chairs of TLTV, Jeff Whitfield, and
TVAS, Karen Denney and Shauna
Wright, gave me great confidence. I was
allowed to sit in on and contribute to the
monthly committee meetings. The
attorneys I spent my summer with encouraged and mentored
me in my future career plans. They all took the time to
remember my name, ask me how the internship was going,
and most importantly, honestly cared about how much I was
learning and growing as a law student. I worked hard this
summer and fulfilled the hourly commitments for my
externship in record time; however, I still fully believe that I
gained much more out of my time with the TCBF then I
could ever repay.
LTV had a busy and full legal clinic on August 16,
Tserving
over 50 veterans. TLTV wants to thank
, a subsidiary of ExxonMobil, for sponsoring this
clinic and furnishing volunteer attorneys for the
consultations. If you would like to volunteer, or
need more information, contact Aleed Rivera at 817-3384092 or e-mail aleed@tarrantbar.org.
October 2013
15
16
October 2013
TCBA Bulletin
TCBA Bulletin
October 2013
17
M EDIATOR
ESENWEIN
R ESOLVED
BRIAN ESENWEIN, J.D., C.P.A.
817­338­4500
WOMEN, WINE & WISDOM
TM
C O M P L I M E N TA RY F I N A N C I A L K N O W L E D G E S E R I E S
“Retirement Income
MORNING EVENT
10:30 AM – NOON
RIVERCREST
COUNTRY CLUB
WEDNESDAY, 10/16
STRATEGIES”
EVENING EVENTS
5:30 – 7:00 PM
RIVERCREST
COUNTRY CLUB
WEDNESDAY, 10/16
CITY CLUB
WEDNESDAY, 10/23
Offering Comprehensive Wealth Management for Women. Bring a friend and call us
at 817-732-4008 to make your reservations. Men are always welcome too!
Julie Rosenthal, JD & CFP®
TEL 817-732-4008
www.JulieRosenthal.com
Securities & Advisory Services offered through National Planning Corporation, Member FINRA/SIPC, a Registered Investment Advisor.
Julie Rosenthal Wealth Management and National Planning Corporation are separate and unrelated companies.
18
October 2013
TCBA Bulletin
Ambushed?
When nature
doesn’t give you the
protection you need,
make sure you have
the best liability
insurance available.
Texas
Lawyers’
Insurance
Exchange offers affordable legal
malpractice protection to over
5,000 Texas lawyers and judges.
TLIE has been a consistent and
reliable source of liability coverage
for over 33 years. After you’ve
been ambushed and a claim
has been filed is not the time to
wonder if you have dependable
coverage. Make sure you do.
512.480.9074
1.800.252.9332
INFO@TLIE.ORG
WWW.TLIE.ORG
Defend yourself.
TCBA Bulletin
October 2013
19
OUR NEW LOCATION:
1300 Summit Avenue
Suite 650
Fort Worth, TX 76102
Phone: 817-417-9660
www.galyen.com
BOARD CERTIFIED ATTORNEYS
Not only are our attorneys some of the top litigators in the state of Texas,
with extensive trial experience and an impressive record of success , but at
Bailey & Galyen, many of our attorneys are board certified by the Texas
Board of Legal Specialization in the following practice areas:
Personal Injury Law, Family Law, Criminal Trial Law, Appellate & Civil Law,
Labor & Employment Law.
The firm is now accepting referrals in the above practice areas at our new
Fort Worth location.
20
October 2013
TCBA Bulletin
LL E I GN A EL
TARRANT MEDIATION CENTER
Scheduling Mediations Daily
TCBA SALUTES OUR VOLUNTEERS,
THE REAL STARS OF LEGALLINE
Civil & Family Law Mediations
Available
*Denotes Staff Volunteer
Full- or half-day at
competitive rates
Experienced mediator
in a comfortable setting
and convenient location
Complimentary parking
August 8, 2013
August 22, 2013
Sylvia Duarte
George Lockwood
Aleed Rivera
Norma Bazán
Joe Colvin
Sylvia Duarte
George Lockwood
Scott Phillips
* Carolina Ibarra
for both LegalLines
I’m ready, willing and qualified to help you
resolve your conflicts ! Call Now !
To volunteer for LegalLine, call Carolina Ibarra at
817.338.4092 or email carolina@tarrantbar.org.
J. Kevin Clark
Attorney-Mediator
C New Location B
777 Main Street, Suite 600
Fort Worth, TX 76102
817-348-6723
Fax: 817-377-9893
fÑxv|tÄ g{tÇ~á to Judge Mike Hrabal
for underwriting the costs
of a light dinner for our LegalLine volunteers.
www.lawyers.com
out of
®
CHUCK NOTEBOOM
NOTEBOOM
Over
10 million
in forwarding fees paid.
HURST
TCBA Bulletin
October 2013
21
M A R K Y O U R C A L E N DA R F O R F U T U R E E V E N T S
December 12, 2013 - ANNUAL HOLIDAY PARTY, Tarrant County Bar Center
January 10, 2014 - MEMBERSHIP MARKETING SEMINAR, Tarrant County Bar Center
February 11, 2014 - 50-YEAR LAWYER CELEBRATION, Fort Worth Club
February 13, 2014 - Annual Blood Drive, Tarrant County Bar Center
March 27, 2014 - COURT S TAFF APPRECIATION & AWARDS, Tarrant County Bar Center
April 25, 26, & 27, 2014 - BENCH BAR CONFERENCE, La Torretta Lake Resort & Spa, Montgomery, TX
May 8, 2014 - LAW DAY AWARDS DINNER, Fort Worth Club
OTHER ASSOCIATIONS’ NEWS & INFORMATION
FW-TCYLA 2012-2013 new Bar Year
began September 1, 2013. If you need an
application or meeting informa-tion, call
817-338-4092, email cindy@ tarrantbar.
org, or go to the website at tcyla.org.
Arlington Bar Association meets on the
3rd Wednesday of each month. For
location & information, contact President
Lauren Gaydos Duffer at 817-548-5643.
MABA (Mexican American Bar
Association) meets on the last Thursday of
each month at Rivas Mexican Restaurant,
5442 River Oaks Blvd., River Oaks 76114.
For more information, contact President
Eloy Sepulveda at 817-332-1285.
Northeast Tarrant County Bar
Association (NETCBA) meets for CLE
luncheons on the 3rd Tuesday of each
month at LaHacienda Restaurant, Hwy.
22
121. Contact President Michael Jaskowak
at 817-949-2161 or mjaskowak@aol.com.
L. CLIFFORD DAVIS LEGAL ASSOCIATION (f/k/a) Tarrant County Black Bar
Association will host its meets on the 3rd
Tuesday of each month at 6:00 p.m. For
more information, contact President David
Patin, Jr. at 972-230-4458.
Tarrant County Criminal Defense
Lawyers Association (TCCDLA) meets
every 2nd Thursday at Joe T. Garcia's,
2201 N. Commerce. For more information, contact President Kim Minick at
817-877-3333.
Tarrant County Family Law Bar
Association meets at 12 noon on the 4th
Tuesday of each month at Family Law
Center Assembly Room on the 2nd floor.
For more information, contact President
October 2013
Janet Denton at 817-884-1925 or email
jmdenton@tarrantcounty.com.
Tarrant County Trial Lawyers Association meets on the 4th Wednesday of
each month at Joe T. Garcia’s. For more
information, contact Mark Haney at 817498-9911 or mhaney@mhaneylaw.com.
Tarrant County Probate Bar
Association meets on the 1st Thursday of
each month at the Petroleum Club—members free, guests $25. For more information, contact Aimee Stone, 817-8778175 or astone@shannongracey.com.
The 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,
call 817-212-3800.
TCBA Bulletin
C A L E N D A R
O F
E V E N T S
To make reservations for any of these events, contact Sherry Jones at 817-338-4092 or
sherry@tarrantbar.org.
For more upcoming events, visit www.tarrantbar.org.
October 2013
November 2013
TUESDAY, October 1
Noon
Collaborative Law Section Luncheon—
Tarrant County Bar Center
TUESDAY, November 5
Noon
Collaborative Law Section Luncheon—
Tarrant County Bar Center
WEDNESDAY, October 2
11:45am
Women Attorney’s Section Luncheon—
City Club, $20 members; $25 guests
MONDAY, November 11
4:30pm
TCBA Board Meeting, TCBA offices
THURSDAY, October 10
Noon
Energy Section Luncheon—
Petroleum Club, $23 members; $25 guests
5:30 to
Intellectual Property Mixer
7:30pm
@ Cantey Hanger - 600 West 6th Street, Suite 300
6-8pm
LegalLine—TCBA office; light dinner
MONDAY, October 14
4:30pm
TCBA Board Meeting, TCBA offices
TUESDAY, October 15
11:30am
Tax & Estate Planning Section Luncheon
City Club, $20 members; $30 guests/walk-ins
Noon
Labor & Employment Law Section Luncheon—
Petroleum Club, $20 members; $25 guests/walk-ins
THURSDAY, October 17
Noon
Construction Law Section Luncheon—Tarrant
County Bar Center, $12 members; $15 guests
5-7pm
Docket Call Social “Happy Fall Ya’ll”
Sponsor & Host Kelly Hart & Hallman LLP
Co-sponsor HG Litigation
201 Main Street, Suite 2000
FRIDAY, October 18
11:00 to
Brown Bag Series Seminar—Juvenile Law
5pm
Texas A&M University School of Law
2-5 pm
Texas Lawyers for Texas Veterans Legal Clinic
VA Outpatient Clinic, 2201 S.E.Loop 820
MONDAY, October 21
Noon
Bankruptcy Section Luncheon—
Petroleum Club, $23 members; $25 guests
TUESDAY, November 12
11:30am
Tax & Estate Planning Section Luncheon—
City Club, $20 members; $30 guests/walk-ins
11:45am
Membership Luncheon—Fort Worth Club
Speaker: Brian Newby on “Military Justice
System: How to Reclaim Public Trust.”
WEDNESDAY, November 13
5-7pm
Criminal Law Section Mixer—
at Rodeo Goat, 2836 Bledsoe Street, Fort Worth
THURSDAY, November 14
6-8pm
LegalLine—TCBA office; light dinner
FRIDAY, November 15
12:30 to
Brown Bag Seminar—New Legislation and
4:00pm
Recent High Court Decisions: What You Don’t
Know Will Hurt You
Tarrant County Bar Center
2-5 pm
Texas Lawyers for Texas Veterans Legal Clinic
VA Outpatient Clinic, 2201 S.E.Loop 820
TUESDAY, November 19
Noon
Real Estate Law Section Luncheon—
City Club, $20 members; $25 guests/walk-ins
4:30pm
Solo & Small Firm Section Mixer
Law Offices of Brad Parker, 2317 Plaza Parkway,
Suite 100, Bedford
WEDNESDAY, November 20
Noon
Intellectual Property Section Luncheon—
City Club, $20 members; $25 guests
Noon
Transition-to-Practice Mentor Program—
Tarrant County Bar Center-RSVP to Cindy
THURSDAY, November 21
11:30am
FW Business & Estate Section Luncheon—
City Club, free for members; $30 guests
Noon
Construction Law Section Luncheon—Tarrant
County Bar Center, $12 members; $15 guests
THURSDAY, October 24
2-5pm
Joint Appellate Section Seminar (w/Dallas Appellate) FRIDAY, November 22
Petroleum Club, reception to follow
8:30 to
National Adoption Day - Tarrant County Family
Courts Center
6-8pm
LegalLine—TCBA office; light dinner
WEDNESDAY, October 23
Noon
Business Litigation Section Luncheon—
Petroleum Club, $23 members; $25 guests
TUESDAY, October 29
1-4pm
Last Tuesday CLE—Ethics—TCBA Office
TUESDAY, November 26
1-4pm
Last Tuesday CLE—Ethics—TCBA Office
WEDNESDAY, October 30
Noon
Environmental Section Luncheon—
Reata, $15 members; $25 guests
THURSDAY, November 28 and Friday, November 29
Closed for Thanksgiving Holiday
THURSDAY, October 31
11:30am
FW Business & Estate Section Luncheon—
City Club; no charge to members; $30 guests
TCBA Bulletin
October 2013
23
S K I P RSk
EYNOLDS
AT T O R N E Y
AT
L AW
Civil Trials and Appeals
l
Business
Disputes
l
Insurance
Disputes
l
Contract
Disputes
l
Professional
Liability
l
General Civil Litigation
www.attorneyreynolds.net
8 17. 3 3 2 . 8 8 5 0
Consultation or Representation
www.edwardjones.com
If You Aren’t at Your Last Job,
Why Is Your 401(k)?
Leaving a 401(k) with a previous employer could mean
leaving it alone with no one to watch over it.
At Edward Jones, we can explain options for your 401(k)
and help you select the one that’s best for you. If you’d
like to roll it over to an Edward Jones Individual Retirement Account (IRA), we can help you do it without
paying taxes or penalties. And you can feel confident
that someone is looking out for you and your 401(k).
To find out why it makes sense to talk with Edward
Jones about your 401(k) options, call or visit your
local financial advisor today.
Robert J Holman, CFP®
Financial Advisor
.
3426 S University Dr
Ft Worth, TX 76109
817-922-8934
Member SIPC
24
October 2013
TCBA Bulletin
LAWYERS
LAWYERS
on the move & in the news
Welcome New Members
Shannon, Gracey, Ratliff & Miller, LLP is proud to
announce the appointment of various firm members who
serve. LISA VAUGHN LUMLEY was appointed to State Bar
of Texas’ Pattern Jury Charge Committee for Oil and Gas;
SYDNEY B. HEWLETT was named to the Board of Directors
of Fort Worth Business Assistance Center Education
Foundation, Inc.; and LISA H. JAMIESON was named chair
of the Real Estate, Probate and Trust Law Section of the
State Bar of Texas.
Cantey Hanger LLP is pleased to announce that
DARRELL NOGA has joined the firm as a Partner and
MICHAEL MERRICK, as a Senior Associate, both in the
labor and employment section of the firm. They can be
reached at 600 W. Sixth Street, Suite 300, Fort Worth
76102, telephone 817-877-2800.
CHRIS NICKELSON, of the Law Office of Gary L.
Nickelson, has recently been chosen as this year’s Dan
Price Award recipient by members of the Family Law
Section of the State Bar of Texas, the highest honor given
by the group.
SHARON W. WAYLAND retired in July, 2013, as library
director of the Tarrant County Law Library. The new
director is HOLLY GERBER.
LESLIE STARR BARROWS announced a new main location
for The Barrows Firm, P.C. to 500 East Belknap, Fort
TCBA Bulletin
Attorney Members
Corey Williams
MarJoe Barnhart
Erica Bourdon
John Conner
Kristina Kastl
Gail-Ann Krieger
Amy Lee
Jenna Loeffelholz
Zena McNulty
Tom McNutt
Daniel Paret
William R. Privette
Katie Schumacher
Greg Springman
Cameron White
Associate Members
Kristy Mouser
Michele Sanchez-Soriano
Marc Sloter
Student Members
Keith Alward
Navid Daryapayma
James Farrior
Brennon Mitchell
Robert F. Sanders
Brian Singleterry
Richard Wojcio
Worth 76102, with satellite offices in Colleyville and Trophy
Club.
JACKIE ROBINSON has joined the firm of Naman Howell
Smith & Lee, PLLC located at 306 West 7th Street, Suite
405, Fort Worth 76102, telephone 817-509-2025 and email
jrobinson@namanhowell.com.
DANIEL C. STEPPICK has joined the firm of Pennington
Hill, LLP located at 509 Pecan Street, Suite 101, Fort Worth
76102, telephone 817-332-5055. Dan was formerly with
Cowles & Thompson in the Dallas office.
October 2013
25
CLASSIFIED
ADVERTISING
EMPLOYMENT OPPORTUNITIES
OFFICE SPACE FOR LEASE
Associate General Counsel—Community College seeking
attorney with at least 4 years' experience in dealing with
transactions related to governmental entities including the
Public Information Act and the Open Meetings Act.
Qualified individuals must have excellent communications
and negotiation skills. Position will report to the General
Counsel. Minimum Requirements
• Juris Doctorate from a regionally accredited college
or university, and
• Minimum four year’s experience with a law firm
which provides legal services for governmental entities
or equivalent experience, and
• Minimum four year’s legal experience in drafting and
reviewing contracts involving governmental
entities,and
• Licensed to practice law in Texas with a license in
good standing, and
• Valid Texas Driver's License and insurable through
TCCD insurers
To be considered for this position, please visit our web site
and apply on line at the following link:
http://apptrkr.com/379200
READY TO HEAD OUT ON YOUR OWN?
Class “A”
downtown office for rent, perfect for 2-3 people. Approx
880 sq.ft. furnished, move-in ready.
Near Sundance
Square, Family Court and new Civil Court buildings.
Space comes with two parking spots, one enclosed.
$1950/mo. No smokers. No pets. 817-877-1773
O FFICE S UITES . Office Space, Adjacent Civil - Criminal
- Family Courts. Fax - Xerox - Conference Rooms Kitchen. 111 N. Houston or Wells Fargo North Main.
Call 817-429-2000 - Dale.
Watch TCBA website www.tarrantbar.org for
employment opportunities listed
after this issue went to press.
RI E I S
R EAL E STATE INFORMATION S ERVICES
FURNISHED OFFICE SPACE/BUILDING FOR LEASE 2216
Forest Park Boulevard, Fort Worth 76110; 2,285 square ft.
includes 11 furnished offices, copier, conference room and
break room. Call for details Jennifer 817-926-2500.
EXECUTIVE SUITES FOR LEASE. Full kitchen; conference
room; waiting area; ample parking. Call Chris or Karen for
info. 817-877-1555.
Great lawyer location OFFICE SPACE five minutes from the
courthouse at 601 Penn Street. 2,386 sq. ft., single story,
masonry building with plenty of parking. Four large
offices, conf room, copier/mail room, and kitchenette. Will
reconfigure to create more offices. For sale or lease.
Contact Gary Vasseur at 817-335-7575 or Frank Newman
at 817-336-2400. Brochure available.
CORNER OFFICE with a view of downtown and the Trinity
River. $1000 per month including Internet. Contact Linda
Votaw at 817-332-4840.
Busy immigration and family law firm located in
DOWNTOWN FORT WORTH SEEKS TO SUBLEASE TWO
OFFICES. Extremely reasonable rates. Options for
receptionist to take calls and make appointments also.
Please call 817-917-8863 or email yzepeda@zadlaw
firm.com.
Class “A” office space available on HULEN IN SOUTHWEST
FORT WORTH! Perfect for an attorney looking for shared
office! Move-in ready. Great conference room and kitchen.
Please call Tom Larimore or Scott Garrison at
817/738.5551.
MID-CITIES AREA. Furnished, Class “A” Executive Office
Space within existing law office. Highway 183 frontage in
Bedford. Contact Nancy 817-684-9400.
Title Searches throughout Texas
performed by professional
abstractors.
Fast, friendly &
accurate
www.reisresearch.com or 817-335-5092
26
S ERVICES
Raúl Cáñez for assistance with your immigration issues
in English or Spanish.
Raúl Cáñez para ayuda con sus asuntos sobre la
inmigración en español o inglés.
Raul.Canez@CanezLaw.com
817-886-0651
October 2013
TCBA Bulletin
Photo: Cattle Raisers Museum, Fort Worth, TX
We believe the moment is yours. They’ve been revered with the most world-renowned law enforcement agencies
like Scotland Yard, the Royal Canadian Mounties and the FBI. For nearly 200 years, the Texas Rangers have been
part history, part legend and fully at the ready to handle any situation where danger, oppression or injustice arose.
At Stephens, Anderson & Cummings, we fight each case with the same passion and fortitude, so you don’t have to
take on the wild frontier alone. Let’s win this.
Personal Injury
Wrongful Death
Contingent-Fee Litigation
P.817.920.9000 | stephensanderson.com
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.
Righting Wrongs
BAR BULLETIN - October, 2013
TARRANT COUNTY BAR ASSOCIATION
1315 CALHOUN STREET
FORT WORTH, TEXAS 76102-6504
ADDRESS SERVICE REQUESTED
PRESORTED
STANDARD
U. S. POSTAGE PAID
FORT WORTH, TX
PERMIT 1807
If any of your contact information is incorrect,
please submit your corrected information to the
TCBA office at (817) 338-4092, fax to (817) 3359238 or e-mail to tcba@tarrantbar.org.