thank you M J H Mike Henry TCBA President and a proud sponsor of the Welcome Reception for the 2014 Texas Judicial Conference

Transcription

1

2 Mike Henry TCBA President and a proud sponsor of the Welcome Reception for the 2014 Texas Judicial Conference Board Certified in Civil Trial Law and Personal Injury Trial Law Mediation Commercial Litigation Oil and Gas Litigation Construction Litigation Breach of Contract Litigation Wrongful Death and Personal Injury Litigation Oil & Gas Injuries Catastrophic Injuries Trucking Liability Construction Injuries Products Liability Automobile Injuries Premises Liability Governmental Liability M J H Michael J. Henry Attorney at Law, P.C henrytexlaw.com 2014 BULLETIN ADVERTISERS DEBORAH ADAME ALA FORT WORTH BAILEY & GALYEN BEARDEN INVESTIGATIVE AGENCY BROWN DEAN CALL BETSY CATHOLIC DIOCESE OF FORT WORTH CLARK R. COWLEY CIRCELLI & YOUNG COEN LAW FIRM EDWARD JONES FEDERAL BAR ASSOCIATION, FORT WORTH CHAPTER FORT WORTH J.S.B. COMPANIES, INC. FORT WORTH MEDIATION CENTER FOSTER & EAST GREG JACKSON JULIE ROSENTHAL WEALTH MANAGEMENT JURIS FABRILIS, INC. KELLY HART & HALLMAN LLP M BETH KRUGLER, JD, MS LAW OFFICES OF STEVEN C. LAIRD, P.C. LAW PAY LEXISNEXIS JERRY LOFTIN J. MICHAEL MCBRIDE, P.C. MCGRATH & MCGRATH DAWN MIDDLESTEAD NAMAN HOWELL SMITH & LEE NORTHEAST TARRANT COUNTY BAR ASSOCIATION NOTEBOOM LAW FIRM REAL ESTATE INFORMATION SERVICES ERNEST (SKIP) REYNOLDS BETTIE SCHNEIDER, EA JASON SMITH STEPHENS ANDERSON & CUMMINGS STRUCTURED ANNUITIES, INC. TEXAS A&M UNIVERSITY SCHOOL OF LAW TEXAS LAWYERS INSURANCE EXCHANGE THE TARRANT COUNTY PROBATE BAR ASSOCIATION TINDALL SQUARE WOODCREST BROKERAGE SERVICES ZELLI thank you

3 P resident s page Happy 2015! I trust everyone had a happy holiday season. January marks the beginning of the second half of the TCBA bar year, and we will be starting off with a lot of activities. January will see a number of Tarrant County judicial investitures that you should not miss. Check page 11 for by Mike Henry further details on each of these events. One i find particularly interesting is that of Judge David Hagerman. Back when people used leather helmets, David and i played football together at north Texas State university. if anyone would have told our coaches or professors that i was going to be President of the Bar Association and David was going to be a state district judge, there would have been mass laughter and fainting. i have been given the privilege of introducing David at his investiture. Suffice it to say that the content of the introduction is fairly limited when compared with my actual knowledge and potential content. editing will be difficult, but i anticipate making it PG. January will also celebrate the Tarrant County Bar Foundation (TCBF) on January 27 at the TCBF annual meeting and honor those volunteers who are invaluable in serving. Special thanks should be given by all of us to Bob Bodoin and Rick Sorenson and the other board members for the wonderful work that they do. Their programs are the envy of other bar associations and foundations in this state. As a matter of fact, i was in trial in lubbock recently and the judge has some similar programs that he works on in lubbock. He was very familiar with Tarrant County s Texas lawyers for Texas Veterans program and with the wonderful work Judge Carr does. Most of our service and pro bono programs would not be possible were it not for these dedicated volunteers who range from the committed Tortfeasors gang to an assortment of lawyer, paralegal, court staff and law student volunteers, to mention a few. in February we will honor our 50-year lawyers with a luncheon. The speaker at the 50- year luncheon in my estimation is one of the highlights of the year. To hear good lawyers speak about changes in the practice in the last 50 years is amazing. i always learn something to help in my practice while listening to someone with that type of experience. Watch for the Court Staff Appreciation Reception coming up on March 19 at the TCBA offices. We always praise our trial bench in Tarrant County, and rightfully so. My legal research professor at Texas Tech was a man named u.v. Jones. He was somewhere north of 80 when he taught me, and i am sure everyone my age who went to Tech and who is reading this is smiling right now. His advice on our first day was, when you re in trial, don t worry about the judge or the bailiff, but at the first opportunity introduce yourself to and be absolutely courteous with and make friends of the court staff, be it coordinator or clerks. it was great advice and working with our coordinators and clerks is truly a pleasure and a blessing. i will see you all there. The always-humorous Tortfeasors one-night-only event will be held March 28 at the Fort Worth Community Arts Center. Proceeds from this event are responsible for funding most of the TCBF s various community service projects. The People s law School on April 10 will be one of the first community service events held in 2015, and if this year is like last year, will see record public attendance! The 22nd Annual Bench Bar Conference returns to Montgomery, Texas at la Torretta Resort & Spa on April This conference has always been well attended by the Tarrant County legal community. The conference is on lake Conroe, which has the added benefit of actually being a lake with water. Those of us in this neck of the woods are not used to full lakes, and we have to guard against just staring there in amazement at the water. This conference is a valuable source for forging lasting friendships, and allows a range of lawyers and judges to come together to engage in a unique networking and learning opportunity that most don t find available anywhere else, and have a lot of fun doing it! We hope you have enjoyed the new format of the Bulletin, thanks to GG Park and Keith Crabtree of Park Place enterprises and Ameera Hallaq, Communications Director and Staff editor of the Bulletin. And thanks to all of you, our membership for all of the feedback concerning the availability of an online version in an easy-to-view format. i believe that times are changing, but the changes will be pleasing to all and slow enough to tolerate, and believe it or not will make everyone happy. Mike January 2015 TCBA Bulletin 1

4 C ontents Features Tarrant County Bar Foundation Annual Meeting Invitation Free Marketing Seminar - January Tortfeasors Participants 2014 Holiday Party Departments 1 President s Page Club Members 4 LegalLine 5 New Members 5 Bench Bar 22 6 YLA Snapshot 7 Lawyers On the Move & in the News 7 Sharen Wilson - Oath of Office Ceremony 8 The Faces of TVAS 9 Transition to Practice Judicial Investitures 12 Snippets 14 Texas Lawyers for Texas Veterans - Profiles of Service 16 In Memoriam - Eugene Gene Joseph Dozier 18 Lawyer Referral and Information Service News 15 8 Tarrant County Bar Association Fax website: tcba@tarrantbar.org Officers President... Michael J. Henry President-Elect...David E. Keltner Vice President...Robert G. West Secretary-Treasurer...Dabney D. Bassel Elected Directors Nick Bettinger Steven K. Hayes Claudine Jackson Elected Directors Leslie Barrows John Cayce Lance Evans Appointed Directors Connie Hall Karmen Johnson Immediate Past President Ann Diamond Fort Worth-Tarrant County Young Lawyers Association Ryan Scharar, President (Fall 2014) Chris Stoy, President (Spring 2015) Executive Director Patricia Graham, PLS, CLAS Ex-Officio Members State Bar of Texas Directors Robert E. Aldrich, Jr. J. Benjamin Barlow ABA Delegate Janna W. Clarke Bar Bulletin John F. Murphy, Editor H. Dennis Kelly, Assistant Editor Ameera Hallaq, Staff Editor ameera@tarrantbar.org Graphics/Production Park Place Enterprises, Inc. ggpark@flash.net In every issue 17 Other Associations 20 Calendar of Events 20 Advertisers Index January 2015 Stay Connected to Us For more information and photos, please like us on Facebook. 10 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 Deadline 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 ed to ameera@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.

5 See your name in lights!!! Become a member of the exclusive TCBA Club and see your firm s or organization s name in print in every issue of the Bar Bulletin for the remainder of this bar year! To qualify, law firms, government agencies, law schools, and corporate legal departments of four attorneys or more must have 100% of their attorneys enrolled as members of the TCBA. If your firm is not listed, please contact our Director of Membership, Cindy Rankin, at or cindy@tarrantbar.org. We are proud of the 100% bar membership for the following law firms and other groups! Or at least in the TCBA Bar Bulletin! 100 Club Members Adams Lynch & Loftin, PC Albert Neely & Kuhlmann LLP Allmand Law Firm, PLLC Anderson & Riddle, LLP Anderson Law Firm Bakutis McCully & Sawyer PC Barlow Garsek & Simon, LLP Beadles Newman & Lawler PC The Berenson Firm PC Blaies & Hightower, LLP Bourland, Wall & Wenzel, PC Boyle & Lowry, LLP Brackett & Ellis, PC Broude Smith & Jennings PC Bourland, Wall & Wenzel, PC Brown, Dean, Wiseman, Proctor, Hart & Howell, LLP Bruner & Pappas LLP Cantey Hanger LLP City Attorney s Offi ce-city of Fort Worth Cook Childrens Health Care System Cotten Schmidt & Abbott, LLP Curnutt & Hafer, LLP Dawson Parrish, PC Decker Jones McMackin McClane Hall & Bates PC Forshey & Prostok, LLP Friedman, Suder & Cooke FTSI Services Gardner Aldrich, LLP Gordon & Sykes, LLP Griffi th, Jay, & Michel, LLP Harris, Finley & Bogle, PC Harrison Steck PC Haynes and Boone, LLP Holland Johns & Penny LLP Johnston Legal Group, PC Kelly Hart & Hallman LLP Koons Fuller, PC Law, Snakard & Gambill, PC Linebarger Goggan Blair & Sampson, LLP Lively & Associates, LLP Lovelace Killen, PLLC Macdonald Devin PC McDonald Sanders Law Firm Mellina & Larson, PC Moses, Palmer & Howell, LLP Murphy Mahon Keffler Farrier, LLP Naman Howell Smith & Lee, PLLC Nelson Bumgardner Casto, PC Noteboom Law Firm Padfield & Stout, LLP Phelps Dunbar LLP Pope, Hardwicke, Christie, Schell, Kelly & Ray, LLP Jim Ross & Associates Ross & Matthews, PC Second Court of Appeals Shannon, Gracey, Ratliff & Miller, LLP Tarrant County DA s Office Taylor Olson Adkins Sralla & Elam, LLP Texas A & M School of Law The Berenson Firm PC The Blum Firm, PC The Colaneri Firm, PC The Wolf Law Firm, PC Thompson & Knight, LLP Wallach & Andrews, PC Watson Caraway Midkiff & Luningham LLP Whitaker Chalk Swindle & Schwartz PLLC Whitley Penn, LLP Wilson, White & Doby, LLP Winstead PC January 2015 TCBA Bulletin 3

6 Help! Beginning January 8, we really do need 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 Trisha at or trisha@tarrantbar.org. Dinner served at 5:30 p.m. for all volunteers! You Are Invited To The Annual Meeting/Reception of the Tarrant County Bar Foundation Tuesday, January 27, :30 p.m. to 7 p.m Calhoun Street, Fort Worth, Texas Installation of 2015 Board Members, Introduction of 2014 Fellows, and Recognition of TLTV & TVAS Volunteers Please RSVP by January 20 by phone Or Trisha at trisha@tarrantbar.org 4 January 2015

7 tcba Welcomes Its New Members Attorneys J. Zack Burt Matthew Fronda erica Gibbs Phillip Hall Drew Herman Marcus Johnson Chase lancarte Sarah Molzan Schyler Parker Allie Robinson Clinton Sloan David Staab Associate Brittyn Brender Bridget Walters Students Brittany Byrd Rachael Cain Shawn Crawford Ryan Dadgari Kourtney Doman Paige eldridge Stephanie Fryer Mackenzie lewis Kennedy Meier Christopher nabzdyk Shelby Sellman lorena Solis Kirby Wallace Sheena Winkfield BENCH BAR 22 VS. THE GREAT GATSBY SUMMER 1922 PLEASE VISIT BENCHBAR.TARRANTBAR.ORG FOR MORE INFORMATION AND NEW ACTIVITIES January 2015 TCBA Bulletin 5

8 YLA Snapshot Judge Melody Wilkinson at the TCBA Holiday Party with TCYLA President Elect Chris Stoy and Susan Hutchison Happy new Year! i hope everyone had a great holiday season and had a chance to relax with friends and family. During the holidays, our members celebrated the season at the annual Tarrant County Bar Association Holiday Party held at the bar offices on December 11. A great time was had by all who attended. With 2015 upon us, we have some exciting upcoming events to share with you. This month we are continuing our Mentor Program with students from Texas A&M School of law. Mentors from TCYlA will gather with their mentees at Whisky & Rye for a mid-year event that will focus on helping law students transition into practice. On January 20, from 5:30 p.m. to 8:30 p.m., we will cohost a happy hour with the under Forty Professional Group, which is a part of the Fort Worth Chapter of the Texas Society of CPAs. The happy hour will be at Martin House Brewery on the banks of the Trinity River near downtown Fort Worth. A local favorite, Salsa limon, will cater the food, and we will tour the brewery and taste several seasonal beers. i encourage you to attend because this event is a great opportunity for you to meet other young professionals in the area and to expand your network. Finally, TCYlA Directors Chris Gee and Martin Garcia have been hard at work planning a first-ever Super Bowlthemed party for patients at Cook Children s Hospital on Saturday, January 31. TCYlA members will host the party Ryan Ryan Scharar President, FW-TCYLA filled with food/drinks, crafts, and various games for the patients and their families. We hope to have a local football celebrity on hand to add to the excitement. if you haven t, yet, i would encourage you to join us for one of our upcoming events. Please visit for more information. 6 January 2015

9 Lawyers on the Move & in the News Governor Rick Perry has named Brandon Hurley of Grapevine, chair of the low-level Radioactive Waste Disposal Compact Commission. The commission manages and disposes of low-level radioactive waste, while maintaining the health, safety and welfare of citizens. Brandon Hurley is an attorney and partner at Kelly Hart & Hallman llp in Fort Worth. Debra Y. Rogers (formerly Dupont) has relocated her Parker County law office to Fort Worth. She can now be contacted at the law Office of Debra Y. Rogers, llp, 1300 S. university Drive, Suite 602, Fort Worth, 76107; office number and Michael Moore has joined the law firm of Brackett & ellis, 100 Main Street, Fort Worth 76102, as an associate. Before joining the firm Mr. Moore practiced litigating various product liability, toxic tort, and various real estate claims. Mr. Moore s practice consists primarily of litigation on first party and third party property claims, and a wide range of other business and commercial transactions. The Law Firm of Moses Palmer & Howell L.L.P., 309 West 7th Street, Suite 815 in Fort Worth, announces the opening of a title fee office with Alamo Title Company. The office will be managed by David A. Palmer and Whitney Cardwell. PLEASE JOIN US at the OATH OF OFFICE CEREMONY for Sharen Wilson TARRANT COUNTY DISTRICT ATTORNEY & ASSISTANT DISTRICT ATTORNEYS Thursday, January 1, 2015 at two o'clock in the afternoon Rotunda of the 1895 Courthouse 100 W. Weatherford ~ Fort Worth, Texas RECEPTION FOLLOWING OATH CEREMONY Parking garage nearest Weatherford & Calhoun Parking free on holidays Enter front doors on the south side of Courthouse Handicap entrance on east side Another Member Benefit for Tarrant County Bar Association Members! Practical & Tactical: A Free Marketing Seminar Kick Start Your Marketing in the New Year Friday, January 23, :00 p.m. to 4:30 p.m. Tarrant County Bar Building The Membership Committee of the Tarrant County Bar Association will again offer a FRee marketing seminar for all TCBA members and their office or marketing managers. Has your revenue stream not been what you would like? Do future revenues not look as strong as you hoped? This year s program will help you jump start your efforts. Marketing experts, who have helped professionals all over the country increase their revenue, will provide marketing ideas and suggestions on the following topics: Digital Marketing it is not just about Search engine Optimization: a panel of legal marketing pros and technology experts will provide ideas, tips, and techniques for increasing the effectiveness of your digital marketing efforts. Panelists include: Jeff Sanford ( and Miriam McHenry, Director of Recruiting and Professional Development, Burleson llp. Wordpress Tips & Techniques Paula Hill ( will provide insight on the ins & outs of your Wordpress website and how to efficiently and effectively use its tools to market your firm and increase your online presence. Dodging Great Balls of Fire : Attorney Advertising and FTC Compliance for Blogs, Websites and Social Networking Attorney Tamera Bennett provides the information you need to keep your virtual self out of hot water!.75 ethics Cle Building & Sticking to an Annual Marketing Plan legal marketing guru Sheila Sheley s ( presentation on how to build and stick to an annual marketing plan will put you and help keep you on track to meet your new Year s marketing resolutions. Other marketing gurus are trying to clear their schedules to participate, so look for announcements about additional presentations! Practical & Tactical: Kick Start your Marketing In The New Year January 23, 2015, 12:00 p.m. to 4:30 p.m. RSVP to Sherry Jones sherry@tarrantbar.org fax by January 16, 2015 A box lunch will be available for $15.00 Special thanks to our sponsors: Juris Fabrilis; LexisNexis; PCS Professional Court Services Curnutt & Hafer, LLP; Falcon Document Solutions; Harris Cook, LLP Ovation Lending; Burleson, LLP The Law Office of Constance K. Hall, PLLC. Event Sponsor: Attorney Resource Door Prizes will be awarded (but you must be present to win)! January 2015 TCBA Bulletin 7

10 the Faces of tvas on november 18, 2014, Tarrant County Volunteer Attorney Services (TVAS) held the last of its 2014 quarterly pro bono clinics at the Tarrant County Bar Association. At the clinic, several volunteer attorneys provided pro bono assistance with wills and estate planning to low-income individuals. Other volunteer attorneys also assisted clients with their wills and ancillary documents outside of the clinic. The clients who received assistance represented all walks of life and circumstances, including including young and old; fit and physically impaired; male and female veterans; and a client facing terminal illness. As with any pro bono clinic, a number of volunteers played several important roles in making the clinic a success. TVAS extends its appreciation to the following volunteers and supporters for ensuring that the TVAS clients received assistance. McDonald Sanders, P.C. generously sponsored the clinic. TVAS co-chairs, Philip Vickers (Cantey Hanger) and Patricia LaRue (Benenati law Firm), attended the event. Judge Wells and Judge Sudderth, both stalwart supporters of TVAS, attended the clinic and provided remarks for the volunteer attorneys. TVAS was able to provide the volunteer attorneys with updated forms for wills and ancillary documents with the assistance of Amy Fuqua (Fuqua law Firm PllC), Aleed Rivera (in-house Counsel of MHMR Tarrant County), and Jimalee Splawn (Harris, Finley and Bogle, P.C.). Jimalee Splawn also provided the volunteer attorneys and other bar members with free Cle about general will and estate planning issues. Monica Benson (Katten & Benson) served as a mentor for the volunteer attorneys, answering questions at the clinic and providing feedback on draft documents. Volunteer attorneys who accepted cases were Aleed Rivera, Leslie Hunt (Decker Jones), Theresa Berend (Berend & lindsey, PllC), Ben Westbrook (Westbrook law PllC), Julie Jacobson (law Offices of Julie Jacobson), Rachel Shackelford (Ross & Matthews, P.C.), Valerie Simpson (law Offices of Valerie Simpson), and Bethel Zehaie (Stickels & Associates, P.C.). Volunteers Cheryl Muise, Jonathan Panning, Ethan McNiff, and Diane Zubalsky, all from Fidelity investment s legal department, served as witnesses and general volunteers. Repeat volunteer paralegals, Doris Jackson, Debbie House, Katrina Lea, Star Moore, Janice Piggott, and Julie Sherman, provided assistance in document production and notary services. 8 January 2015

11 transition to Practice 2015 the Transition to Practice mentoring group has just wrapped-up its fifth year of mentoring young lawyers! Things will get started up again for 2015 on Wednesday, January 21, so mark your calendars and check below for more details. if you are interested in participating in this great mentoring opportunity, a member of the TCBA, and a lawyer practicing three years or less, please Cindy at cindy@tarrantbar.org and include your information and what area of law you are interested in. if you are an attorney who has been practicing ten years or more and interested in mentoring recently licensed attorneys, we encourage you to volunteer for 2015 as a mentor. This is a great growth opportunity for mentors, as well, and the program would not be possible without the valuable volunteer participation that we are so fortunate to get from our wonderful community of attorneys! Assignments for mentors and mentees have been made for 2015, so if you have not received information about your mentor or mentee, please contact Cindy at cindy@tarrantbar.org to make sure you are on the list for this year. The kick-off program for 2015 will be at noon on Wednesday, January 21, at the TCBA office. Judge Dana Womack, 348 th District Court, will speak to the group on Practicing in Tarrant County. She will speak on local rules, various do s and don ts of practicing in the courthouses in Tarrant County and more. RSVP to Cindy at cindy@tarrantbar.org so that we will have a correct count for lunch. Thank you again to our 2014 mentors for your time and participation! YOu have made this program possible! Stay ConneCteD to Us January 2015 TCBA Bulletin 9

12 Rehearsals are now under way the 2015 Participants Antonio Allen Sue Allen Leigh Atkinson Kevin Boneberg Linda Bull Sonya Carrillo Kevin Clark John Corbin Michele DeLotto Kristina Denapolis Brad Dowell Leah Gould Trisha Graham Cynthia Gustafson Ronnie Hall Ameera Hallaq Jessica Hall-Janicek Kathi Hogan Marshall Jacobini Karmen Johnson Jill Johnston Courtney Key Liz Larson Charles Lincoln Dana Manry James McGrath Brooke Mixon Scott Moseley Shannon Pritchard Brent Schellhammer Rik Sehgal Kimmy Stoner Walt Taylor Christopher Troutt Melissa Wilks Mark your calendars - Saturday, March 28, January 2015

13 estitures I N V E S T I T U R E S JANUARY 2, 2015 Honorable David E. Cook Judge, County Criminal Court No. 1 Time: 10:00 a.m. Location: County Criminal Court No. 1, Fifth Floor Tim Curry Justice Center Honorable David C. Hagerman Judge, 297 th District Court Time: 2:00 p.m. Location: Central Jury Room, First Floor Tim Curry Justice Center Honorable Charles L. Vanover Judge, County Criminal Court No. 8 Time: 3:00 p.m. Location: County Criminal Court No. 8, Seventh Floor Tim Curry Justice Center JANUARY 9, 2015 Honorable Timothy A. Menikos Judge, 323 rd District Court Time: 1:00 p.m. Location: Lynn W. Ross Detention Center Training Room Scott D. Moore Juvenile Justice Center, 701 Kimbo Road, Fort Worth JANUARY 16, 2015 Honorable Carey F. Walker Judge, County Criminal Court No. 2 Time: 2:00 p.m. Location: Central Jury Room, First Floor Tim Curry Justice Center January 2015 TCBA Bulletin 11

14 Snippets Civil and Criminal by Judge Bob McCoy County Criminal Court No. 3 Co-Editor Lin Morrisett Associate Judge Probate Court No. 2 Who s that Street named After? Calhoun Street. John William Calhoun ( ) was President of the university of Texas from 1937 to He married evelyn Scott of Fort Worth in From Werner Magnus, Who was Hulen? An Attempt to Find the Origins of Street Names in Fort Worth. Ask Judge Bob Judge Bob, what is an information? An information is a written statement filed and presented on behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted....an information is considered presented when it has been filed by the proper officer in the proper court. State v. Lee, 437 S.W.3d 910, 912 (Tex. App. el Paso 2014). Moses Ramses CIVIL IteMS of InteReSt 12 January 2015 Ask the Danes Ramses and Moses, are there Texas publications about dog law? We are aware of the Texas Dog law Manual written by Houston lawyer Zandra Anderson, who also has a website www. TexasDoglawyer.com. the Danes Quote of the Month My leader, Pete, was a fine dog. When he would come and lay his head on my knee and look up into my eyes, i could feel the love and faith he could not put into words. Admiral Richard Byrd, By Dog Sled for Byrd 1. expunction The traditional and primary purpose of the expunction statute is to remove records of wrongful arrests.... When an arrest is not wrongful, removal and destruction of records relating to it harms the public s interest of using the records in subsequent punishment proceedings, including subsequent applications for probation. Our sister courts of appeals have repeatedly held that an arrest is not wrongful for purposes of the expunction statute when the defendant admits guilt with respect to an offense arising from the arrest. S.J. v. State, 438 S.W.3d 838, 848 (Tex. App. Fort Worth 2014). 2. Causation While but for causation is a core concept in tort law, it yields to the more general substantial factor causation in situations where proof of but for causation is not practically possible or such proof otherwise should not be required. Bostic v. Ga. Pac. Corp., 439 S.W.3d 332, 344 (Tex. 2014). 3. oil and Gas Lease [i]n Texas, an oil and gas lease is not a lease in a traditional sense, but rather, it grants a fee simple determinable interest to the lessee, who is actually a grantee. Thus, either a deed or a lease of a mineral estate severs the mineral estate from the surface. Unit Petro. v. David Pond Well Serv., 439 S.W.3d 389, 397 (Tex. App. Amarillo 2014) (internal citations omitted). 4. Divorce Decree [The] divorce decree was an agreed decree, making it both a contract and a judgment. Kendrick v. Seibert, 439 S.W.3d 408, 412 (Tex. App. Houston [1st Dist.] 2014). 5. Civil Contempt [W]hen civil contempt is imposed, the order must spell out exactly what duties and obligations are imposed and what the contemnor can do to purge contempt.... The failure of an order of contempt to specify in clear and unambiguous language what the contemnor is required to do to purge himself and escape the restraint on his liberty renders the order invalid. In re Bannwart, 439 S.W.3d 417, 421 (Tex. App. Houston [1st Dist.] 2014) (internal citations omitted). 6. Rule 202 The Texas Supreme Court has directed courts to strictly limit and carefully supervise pre suit discovery to prevent abuse of [Rule 202.] Because Rule 202 pre-suit discovery is merely an aid of an anticipated suit, as opposed to an end within itself, Rule 202 may not be used to circumvent discovery limitations that would govern the anticipated suit. Accordingly, discovery under Rule 202 should be the same as if the anticipated suit or potential claim had been filed. In re Bailey Newell, 439 S.W.3d 428, 431 (Tex. App. Houston [1st Dist.] 2014) (internal citations omitted). 7. Defamation To recover damages for defamation, a plaintiff must prove the media defendant: (1) published a statement; (2) that defamed the plaintiff; (3) while either acting

15 with actual malice (if the plaintiff was a public official or public figure) or negligence (if the plaintiff was a private individual) regarding the truth of the statement. Defamation is classified as either defamation per se or per quod. Defamation per se involves a statement that is so obviously hurtful to a plaintiff s reputation that the jury may presume general damages, including for loss of reputation and mental anguish. A statement that injures a person in her office, profession, or occupation is typically classified as defamatory per se. Defamation per quod is defamation that is not actionable per se. Shipp v. Maloff, 439 S.W.3d 432, (Tex. App. Dallas 2014) (internal citations omitted). CRIMInAL IteMS of InteReSt 1. Categories of offenses There are three general categories of offenses: (1) result of conduct offenses, (2) nature of conduct offenses, and (3) circumstances of conduct offenses. Cardis v. State, 438 S.W.3d 815, 822 (Tex. App. San Antonio 2014). 2. nature of Conduct With nature of conduct [offenses], each juror must be unanimous about the specific criminal act.... However, the jury is not required to unanimously find that the defendant committed that specific criminal act by a specific manner or means. Manner or means describes how the defendant committed the specific statutory criminal act. The State is permitted to plead alternate manner or means of committing the same offense. Cardis v. State, 438 S.W.3d 815, 822 (Tex. App. San Antonio 2014) (internal citations omitted). 3. nature of Conduct The Court of Criminal Appeals has stated that when evaluating nature of conduct offenses, a handy, though not definitive, rule of thumb is to look at the statutory verb defining the criminal act. That verb... is generally the criminal act upon which all jurors must unanimously agree. Cardis v. State, 438 S.W.3d 815, 822 (Tex. App. San Antonio 2014). 4. Seizure A defendant who alleges a seizure in violation of the Fourth Amendment must produce some evidence that rebuts the presumption of proper police conduct. To satisfy this burden, the defendant must establish that the search or seizure occurred without a warrant. Once the defendant makes this showing, the State must prove that the seizure was conducted pursuant to a warrant or was reasonable. Jaganathan v. State, 438 S.W.3d 823, 825 (Tex. App. Houston [14th Dist.] 2014) (internal citations omitted). 5. Warrantless temporary Detention A warrantless temporary detention, such as a traffic stop, is lawful when the officer has reasonable suspicion to believe that an individual is violating the law. Reasonable suspicion exists if the officer has specific articulable facts that, when combined with rational inferences from those facts, would lead him to reasonably suspect that a person has engaged, is engaging, or soon will be engaging in criminal activity. This objective standard disregards the officer s subjective intent and looks solely at whether an objective basis for the detention exists. A reasonable suspicion determination is made by considering the totality of the circumstances at the time of the detention and must be based on commonsense judgments and inferences about human behavior. Jaganathan v. State, 438 S.W.3d 823, 826 (Tex. App. Houston [14th Dist.] 2014) (internal citations omitted). 6. Inventory Search [T]he police were authorized to conduct an inventory search of the vehicle if impoundment was the only reasonable alternative to protect the vehicle. Furthermore, they are not required to investigate the existence of alternatives in the absence of some objectively demonstrable evidence that alternatives did, in fact, exist. Uballe v. State, 439 S.W.3d 380, 384 (Tex. App. Amarillo 2014) (internal citations omitted). 7. Rule 609(b) [W]hen the conviction is more than 10 years old, Rule 609(b) requires the court to conduct a different analysis.... this ten-year period is measured from the date of trial in which the prior conviction is to be offered as evidence, rather than the date of the charged offense, because the evidence is relevant under Rule 609, if at all, to show whether the defendant is credible at trial. Smith v. State, 439 S.W.3d 451, 457 (Tex. App. Houston [1st Dist.] 2014) (internal citations omitted). Quote of the Month it is much more difficult to judge oneself than to judge others. Antoine de Saint-exupery old news-the Archive War in 1839 Mirabeau B. lamar designated Austin (Waterloo) to be the Texas capital. But Sam Houston declared Washington on the Brazos to be the capital, thus beginning the Archive War. The war ended in 1844 when Austin was reaffirmed as the capita l. Too busy? These are just a few of the services available Your Kids pick up from school stay with sick children babysitting Your Parents run errands pharmacy pick up Your Dog walk, feed, let them out transport to the vet Call Betsy At the Holidays buy/wrap presents, assemble gift baskets address invitations You courier service, transport to airport dry cleaning pick up and delivery wait for repairmen, cable guy Offering personal assistant services on a by-the-task basis Betsy Drew betsy2drew@gmail.com January 2015 TCBA Bulletin 13

16 texas Lawyers for texas Veterans Tarrant County Chapter by Megan Cooley Profiles of Service John Johnson pictured with a law student volunteer. Sim Goodall and Mike McBride tltv is fortunate to have a dedicated group of volunteers and committee members that spend countless hours supporting the program with their time and expertise. each volunteer has a unique background and a distinct way of assisting veterans and their families. As a way to honor TlTV s volunteers and the people they assist, TlTV will publish a series of articles that profile its volunteers. This issue is dedicated to the seasoned attorneys who tirelessly volunteer on behalf of veterans, and below are profiles of a few of the volunteers: John Johnson: John Johnson, a criminal attorney, is a Fort Worth native and Army veteran. He is a third generation attorney, and has not missed a single veterans clinic since TlTV s inception in John routinely accepts 2-3 pro bono cases each month. Among other things, he helps veterans with occupational licenses, expunctions, and non-disclosure actions. With these services, veterans have better chances at securing employment and have the opportunity for a fresh start. John considers his pro bono involvement a way of repaying the help he received from others as a veteran when he was severely injured in the 1970s. Since that time, John has made helping others (as he was helped) a priority. in addition to providing pro bono services, John generously mentors younger attorneys and law students at the legal clinics. Many times, he takes younger volunteer attorneys and students with him to court. bronze star while serving in Vietnam. He was suffering from three different cancers and badly needed benefits. With Sims s help, he found some letters he had sent to his mother from Vietnam with APO post marks and he was able to receive his benefit by submitting these Marvin Champlin letters as proof of his Vietnam service. Sim actively volunteers because he considers the practice of law to be a service profession, and advises younger lawyers and Veteran Service Officers not to wait in your office for someone to tell you they need help. instead, lawyers should be engaged in the community, particularly since many people are not aware of their rights and don t know where to go. Marvin Champlin: Marvin Champlin has practiced law in the Tarrant County area for over 40 years, and his practice includes probate, business, and transactional services. He also served in the u.s. Army in the late 1960s, including decorated combat service in Vietnam. Marvin has volunteered with TlTV from its inception, and he is a regular fixture at the pro bono legal clinics. He has taken a number of pro bono cases over the years, and in particular, assisted a veteran in a probate matter by ensuring proper distribution of estate funds. Marvin s philosophy for volunteering is simple and compelling: i am a combat veteran. Many years after my service, i have followed reports of my old unit in iraq and Afghanistan. When TlTV was first formed, i felt like i was made for this. So many returning veterans have lost their way due in part at least to the effects of their service to their country. Regardless of their situation, however, all deserve the little help we can give them. Sim Goodall: Sim Goodall is a regular volunteer at the TlTV clinics, and routinely helps dependents of veterans (and veterans themselves) on many matters, including veteran benefits. A retired Air Force Colonel, Sim has served as a senior attorney with the City of Arlington advising the police department and now serves as an Associate Judge with the Arlington Municipal Courts. Because of his military experience, Sim has assisted many veterans with obtaining veteran benefits. in one case, a veteran was denied benefits because his military records erroneously did not reflect that he had served in Vietnam, although he had received two air medals and a 14 January 2015 January 2015 TCBA Bulletin 14

17 Ring-a-Ding-Ding Holiday Party thank you to our sponsors! January 2015 TCBA Bulletin 15

18 Improve the Life of an Abused Child Volunteer to be an Education Advocate for a child in foster care and help ensure his or her academic success and the best opportunity for a productive future. What is the Education Advocate Project? Why are Education Advocates needed? Who Can Become an Education Advocate? Want to learn more? Bring your own lunch (CLE) and attend an introductory training session hosted by TVAS and TLC on January 12, 2014 at Noon at the TCBA office. Earn 1.0 hours of CLE ethics as you learn more about the Education Advocate Project and how to get started. Please RSVP to patricia.hogue@texaslawyersforchildren to sign up for the training and/or get additional information. In Memoriam eugene Gene Joseph Dozier passed away unexpectedly of a stroke December 12, Gene is survived by his wife of 53 years, nancy; his children, Margaret and Philip Kramer, Robert and Kay Dozier, and David and Donna Dozier; his grandchildren, Katherine and Cameron Kramer, Blaine and Hudson Dozier and Doak and Charlotte Dozier; and a large extended family. Gene was born August 23, 1939, in Waco to Aileen Riddle Dozier and eugene Fowler Dozier. He grew up in Fort Worth and graduated from Paschal High School, where he lettered in football and track and was a member of the Tanglewood Ten. He graduated from the university of Texas in Austin where he was a member of Phi Gamma Delta fraternity and a lifelong longhorn fan. He met and married his college sweetheart, nancy Haun, and they had celebrated 53 years of marriage. Gene graduated from ut law School and was licensed in Gene briefed for the Supreme Court of Texas and began his career at the Shannon Gracey law firm. He had a second career in real estate development and then returned to practice real estate law at Barlow & Garsek until his retirement in July He enjoyed his lifelong passions of reading, traveling, practicing at indigo yoga and fly-fishing in Colorado with his family. He was also training to be docent at the Modern Art Museum. Law Offi ces of Jason Smith PRIMA FACIE The evidence speaks for itself. TLIE is the best in Texas. Trials and Appeals Employment, Personal Injury, Insurance Jason Smith th Aveue Fort Worth, TX Board Certifi ed Civil Appellate Law Amerian Board of letsgotocourt.com Trial Advocates Texas Lawyers Insurance Exchange has been voted best professional liability insurance company in Texas four years in a row by Texas Lawyer magazine. TLIE is also a Preferred Provider of the State Bar of Texas and has returned $32,800,000 to its policyholders. With all of these accolades as well as being in the business for over 35 years, doesn t TLIE make the BEST all around choice for you? / INFO@TLIE.ORG / January 2015

19 other Associations News & Information FW-TC YLA new Bar Year began September 1, if you need an application or meeting information, call , org, or go to the website at tcyla.org. Arlington Bar Association Meets on the 3rd Wednesday of each month. President, larry Gaydos. For location & information, or call MABA (Mexican American Bar Association) Meets on the last Thursday of each month at Rivas Mexican Restaurant, 5442 River Oaks Blvd., River Oaks For more information, contact President eloy Sepulveda at Northeast Tarrant County Bar Association (netcba) Meets for Cle luncheons on the 3rd Tuesday of each month at la Hacienda Restaurant, Hwy Contact President leslie Barrows, 500 e. Belknap, Suite A, Fort Worth, Texas 76102, , L. Clifford Davis Legal Association (f/k/a Tarrant County Black Bar Association) holds its meets on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Mary Panzu at Black Women Lawyers Association For meetings and information, contact Sue Allen, President at Tarrant County Criminal Defense Lawyers Association (TCCDlA) meets every 2nd Thursday at Joe T. Garcia s, 2201 n. Commerce. For more information, contact President Gary Medlin at 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 David Kulesz at or Tarrant County Trial Lawyers Association Meets on the 4th Wednesday of each month at Joe T. Garcia s. For more information, contact Coby Wooten at 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 Monica Benson, or Texas Association of Defense Counsel Meets for lunch every 4th Wednesday at Angelo s. Contact George Haratsis, McDonald Sanders, for more information. 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 or call January 2015 TCBA Bulletin 17

20 Lawyer Referral and News Information Service W e would like to thank the following attorneys who have paid referral fees since last reported: Robert Kisselburgh, Jeff McCombs, Caleb Moore, and Scott Phillips. Thank you all!! Our referral service just keeps growing! Our members make it all possible! If you need a referral or if you need to refer a client to the Referral Service, please ask them to call ! If you need an application to join the LRIS, please contact us at cindy@tarrantbar.org. After 10 years in the Parker County wilderness, it is with joy that Debra Y. Rogers (formerly Dupont) announces Her Return to the Tarrant County Fold Law Office of Debra Y. Rogers, LLP 1300 S. University Dr., Ste. 602 Fort Worth, Texas (817) o (817) m debra@debrarogerslaw.com East 4th Street Suite 250 Fort Worth, Texas George Parker Young Vincent P. Circelli 18 January 2015