LAWYER. Volume 118, Issue 12 May Bar Tour Stop in Cooke County Yields Night of Music and Revelry

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1 DENTON COUNTY LAWYER Volume 118, Issue 12 May 2009 Bar Tour Stop in Cooke County Yields Night of Music and Revelry Story by Sherry Shipman, Shipman Sheppick. Having grown up in Gainesville, I know every day around 5:00 PM they roll up the sidewalks and go home. But on March 19, they made an exception and rolled out the welcome mat as a bunch of strange lawyers rolled into town. California Street in front of the law offices of Hatcher, Harris & Tatum, P.C. filled with out-of-town cars as that law firm graciously hosted the Cooke County Bar Tour stop in their lovely offices across from the Cooke County courthouse. Some of the nicest people around are from Cooke County and we heard that Jimmy Jack Hatcher had been up for hours boiling shrimp and cooking brisket, and the food was delicious! And, of course, no Cooke County gathering is worth attending without some country and western music and the 60 who attended had a little of that too. We were graced with the presence of several elected officials from Cooke County: District Judge Janelle Haverkamp, District Attorney Janice Warder, County Court at Law Judge John H. Morris, along with retired Cooke County District Judge Jerry Woodlock, former County Court at Law Judge Bill Harris, and former County Court at Law Judge Larry Sullivant. Joining us from surrounding counties were from Denton County: 211th District Court Judge L. Dee Shipman, and former Judge Vicki Isaacks. The last stop on the County Bar tour will be here in Denton at the North Texas Fairgrounds. Colleagues and their families will join the fun with a live band and a bounce house. The DCBA and the GDCYLA will be conducting their annual membership drive. DCCP s Lead the Way Story by Julia Kerestine, Hayes, Berry White and Vanzant, LLP Members of Denton County Collaborative Professionals (DCCP) have always been leaders in the Collaborative Law movement in Texas. This was apparent at the Collaborative Law Conference held on March 26-28, at the Sheraton Hotel in Fort Worth sponsored by the Collaborative Law Institute of Texas. Of the 150 total participants of the statewide conference, 12 percent were DCCP members. This was a great showing, especially since collaborative professionals including certified divorce financial planners, mental DCCP continued on page Denton County Southie Membership Drive May 14, :00 7:00 PM Julian, Crowder & Shuster, PC 860 Hebron Pkwy., Suite 402 Lewisville, Texas RSVP to Jodi@jcstexaslaw.com What s Inside From the President...2 Around the County...3 From the Sections...4 Membership Application...5 From our Sponsors...6 Announcements...8 May 2009 Denton County Lawyer 1

2 From the President DCBA Officers President, Hugh Coleman Immediate Past President, Tiffany L. Haertling President-Elect, Darcy Loveless Vice President, Don R. White, Jr. Treasurer, Dena A. Reecer Secretary, Duane L. Coker CLE Director, Joe Zellmer DCBA Directors Cynthia Burkett, Gina Hill, Theodore D. Ogilvie, Amie Peace, John Rentz, Patricia Ryan, Joe Zellmer DCBA Committee Chairs Courts Committee, Don R. White, Jr. Library Board of Governors, Theodore D. Ogilvie Social Committee, Travis Biggs Fee Arbitration, John Rentz CLE Committee, Joe Zellmer Communications Committee, Cynthia Burkett Internet/Web Page/Newsletter, Patricia Ryan /Blast Fax, Hugh Coleman ADR/Settlement Week, Duane L. Coker National Adoption Day/Pro Bono, Tiffany L. Haertling Photography, Darcy Loveless Membership, Gina Hill Awards, Amie Peace Long Term Planning, Camille Milner DCBA Membership Your DCBA Membership includes Free and discounted CLE programs Monthly luncheon and happy hours Networking opportunities Listing on the bar website which includes a photo, two areas of practice, and a link to your website Your DCBA Sections Collaborative Professionals Denton County Trial Lawyer s Assoc. Family Law Section Greater Denton County Young Lawyers Association Real Estate, Trust, and Probate Law Section Honored to serve as your Bar President, I am looking forward to the Bar Year! We have an exciting year planned. Your board of directors have spent three half days in board retreat, working to update the infrastructure of the Bar. We have updated the Bar s mission statement, created its vision statement, and are finalizing long-term strategic goals. As part of our plan we are hoping that this year we will see a big increase in services for our members. Member benefits of the DCBA include: free lunch at each monthly meeting free CLE at 11 monthly meetings discounts on CLE seminars throughout the year networking and social opportunities for you and your family free monthly newsletter free advertisement on the DCBA website one discounted head-shot per year free use of the bar office as needed opportunities to serve our community. We are also looking for your help. Working on exciting new programming means more work than our bar staff and board can handle. All of you have unique interests and talents that could assist the DCBA in serving you. If you are interested in getting involved, contact any DCBA officer or director or Michelle Houston to find out how you can help. As we continue to grow the DCBA, your involvement will be key to our continued success. I look forward to spending time with each of you this year. The mission statement will be presented to the bar at the upcoming Darcy Loveless, President business meeting to be voted on, it is as follows: The DCBA works collectively to: 1. Preserve the high standards of integrity, honor, and courtesy within the legal profession. 2. Promote positive relations among the judiciary, legal profession, and community. 3. Advance professional interests and education of our members. 4. Facilitate the effective administration of justice while maintaining the historic collegiality of the association. In order to kick off this year in style, we have two special events planned for you. Our Annual DCBA kick-off party has been combined this year with the culmination of the DCBA Bar Tour Finale and the GDCYLA Annual Membership Drive for one giant event May 7 from 4:30 7:30 PM at the North Texas Fairgrounds, located at 2217 N. Carrol Blvd. in Denton. This is a family-friendly event complete with a bounce house (provided by GDCYLA), food, beverages, and a live band. Additionally, there is a second membership drive scheduled May 14 sponsored by Jared Julian at his office from 5:30 7:30 PM (Julian, Crowder, Shuster, P.C. is located at 860 Hebron Parkway, Suite 402 in Lewisville). I hope to see all of you. 2 Denton County Lawyer May 2009

3 Around the County Evaluating Experts Conclusions and Opinions Taking the Measure of Mental Health Testimony Part Two by John A. Zervopoulos, Ph.D., J.D., ABPP. Copyright 2008 by John A. Zervopoulos. In our last column Part One of three columns we noted that mental health expert conclusions and expert opinions address two different issues. Conclusions are the social science inferences experts make from the data they gather, consider, and review. In contrast, opinions are the inferences experts make when they apply their conclusions to the legal standard the court is considering. How should lawyers gauge the quality of experts conclusions and opinions? Among several considerations, lawyers should bear in mind two key interacting concepts: reliability and the analytical gap test. First, the Texas Supreme Court in Robinson, drawing from the U.S. Supreme Court s Daubert case, offered six factors for a judge to consider when measuring the reliability of expert testimony. But even if those factors do not apply in a given case and usually several won t apply to mental health testimony the court still must deem the testimony as relevant and reliable before the testimony is admitted under Rule 702. To clarify its definition of reliability, Daubert provided a useful synonym: trustworthiness. If the notion of reliability seems too technical or lawyer-like, trustworthy may be a term with which the court or a jury may more intuitively connect. Second, the analytical gap test provides a practical gauge with which lawyers may assess the reliability of experts conclusions and opinions a court may conclude that there is simply too great an analytical gap between the data and the opinion proffered. Because experts reach their conclusions and opinions by inference interpreting and synthesizing data analytical gaps will always be present. There are no preset conclusions for any particular case facts. The lawyer s task, through investigation and questioning, is to gauge just how wide the gaps are. If the analytical gaps are too great between the data the expert considered and the expert s conclusion or between the expert s conclusion and opinion, the conclusion or opinion should not pass muster as reliable testimony. In such a case, the expert is left only with the assertion that he or she is an expert. The court should not view such testimony as trustworthy. The greater the gaps between the expert s data and conclusions or between the expert s conclusions and opinions, the less legally reliable or trustworthy the testimony will be. In sum, the analytical gap between the data and the proffered opinion would be simply too great. In our last column, we described a case in which psychologist Dr. Jones testified that because mother was depressed and the psychological research showed that depressed mothers are less emotionally responsive to their children than mothers who are not depressed, the child s best interests would be served if the court granted father the right to establish the child s primary residence. Using the principles of reliability and the analytical gaps test, mother s lawyer might organize her thinking about Dr. Jones testimony by considering seven steps: 1. Distinguish between Dr. Jones conclusions and opinions. 2. Because those conclusions and opinions are linked to the data by Dr. Jones inferences, ask Dr. Jones to articulate the inferences he used to support his statements. 3. Look for the empirical and logical gaps in Dr. Jones s reasoning and how wide the gaps are. 4. Determine, as a result, if the court should view Dr. Jones s conclusions as reliable the greater the empirical or logical gaps between Dr. Jones data and conclusions, the less trustworthy the testimony will be. 5. Assess Dr. Jones understanding of the best interest of the child legal standard. 6. Look for the analytical gaps between Dr. Jones conclusions and his opinions. 7. Determine, as a result, if the court Measure continued on page 4. May 2009 Denton County Lawyer 3

4 From the Sections Monthly Meetings Collaborative Professionals DCCP will meet at 12:00 PM on Tuesday, May 5 at Oakmont Country Club located at 1901 Oakmont Dr. in Corinth. Family Law Family Law will meet at 12:00 PM on Thursday, May 21 at the Denton County Courthouse s Central Jury Room. GDCYLA GDCYLA will meet at 11:45 AM on Thursday, May 7 at Giuseppe s located at 821 N. Locust St. in Denton. GDCYLA will meet for happy hour/membership drive at 4:30 7:30 PM on Thursday, May 7 at the Denton County Fair Grounds in Denton. Paralegals DCPA will meet at 12:00 PM on Thursday, May 28 at Oakmont Country Club located at 1901 Oakmont Dr. in Corinth, the speaker is Ms. Javan Johnson, ACP. REPTL REPTL will meet at 12:00 PM on Wednesday, May 20 at Oakmont Country Club located at 1901 Oakmont Dr. in Corinth. Finale GDCYLA and DCBA Membership Drive May 7, :30 7:30 PM North Texas Fairgrounds 2217 N. Carrol Blvd., Denton, Live Band Bounce House Safety ID Kits BBQ, Beer, and Margaritas Rock Star Sponsor: Hayes, Berry, White & Vanzant with Lead Guitar Sponsors: Wood, Thacker, & Weatherly, Griffin & Jones, Minor & Jester, P.C., and Springer & Lyle, LLP DCCP continued from page 1. health representatives, and attorneys from all of the major metropolitan areas in Texas attended. Per capita, Denton County attendees matched or exceeded the numbers of those of many of the more populated counties in Texas. Even more impressive, is the fact that a significant number of the speakers and contributors were also from Denton County. Camille Milner, the conference director, presented a paper, Justice v. Peace and Reconciliation. Dave Bouschor, Mary Ann Kildebeck, Camille Milner, and Steve Walker explained and demonstrated how to avoid and overcome The Splitting Syndrome. Steven (Jake) Jacobson presented his paper, Forming, Storming, Norming and Transforming; The Life of a Team. Mike Gregory presented Nuts & Bolts the day before the conference. DCCP will be hosting its annual retreat on May 22, 2009 at Lantana Lodge, located on Lake Ray Roberts. CLE credit will be offered. For more information about DCCP and Collaborative Law, see the web site at professionals.com or Measure continued from page 3. should view Dr. Jones opinion as reliable or trustworthy. Of course, other factors, including whether Dr. Jones expertise fits the subject matter of his testimony, may also strengthen or compromise the reliability of his testimony. But distinguishing between conclusions and opinions, and making use of the analytical gaps test to test their reliability or trustworthiness will help lawyers better handle mental health testimony as well as focus deposition and trial questions. In Part Three, we ll look at how mental health experts may hide the analytical gaps in their conclusions and opinions. You can contact John A. Zervopoulos at jzerv@ psychologylawpartner.com or at 4 Denton County Lawyer May 2009

5 Denton County Bar Association Membership Application Required Information (for directory, membership, and website use) Name: Texas Bar Number: Business Phone: Facsimile: Firm/Company: Business Address (including City & Zip Code): /Web Address: Texas Board Certifications (TBLS): Law School/Graduation Date: List All Other Degrees: How would you like to receive the Bar Newsletter, please circle one: mail only only mail and If you are 35 years or younger, please check here If you are a new DCBA member, please check here Primary Areas of Practice* (list two): *Having two areas of practice listed in the web directory is included in the fee for bar membership. If you would like three to fi ve areas of practice listed, there is an additional $75.00 posting fee. Choose from the following: Family Law Worker Compensation Entertainment Collaborative Law Appellate Corporate Criminal Law Immigration Eminent Domain Government Property Tax Personal Injury Juvenile Oil, Gas and Municipal Estate Planning/Wills/ Civil Law Real Estate/ Mineral Law Medical Malpractice Trusts/Probate/ Education Commercial Real Estate Social Security Business/Small Business Guardianship Employment Corporate Finance Elder Law Mediation/Arbitration Bankruptcy Tax Intellectual Property Securities Law Fiduciary Litigation Copyright & Trademark Optional Information Home Address: Home Phone: Birthdate: Spouse s Name: Number of Attorneys in Firm: Date Licensed in Texas: Other State Bar Admissions/Dates/License Numbers: Do you speak a foreign language? If yes, what language: If you would like to post your photograph on the DCBA website, your photo to Michelle Houston at mhouston@dentonbar.com. The website will be updated periodically throughout the membership year. Application Certification I, the undersigned, do hereby make application to the Denton County Bar Association for membership and, in making such application, I certify that I am validly licensed to practice law or am a law student of an accredited law school, that I promise to uphold and support the Bylaws of the association and the Texas Disciplinary Rules of Professional Conduct in all respects and to the best of my personal and professional ability, that all information provided by me in this application is true and correct. Signature of Applicant: Application Submission Please mail this application along with a check made payable to Denton County Bar Association in the amount of $ or $ (licensed in Texas less than two years) to DCBA at 512 W. Hickory, Suite 202, Denton, TX Please do not include Collaborative Law, Family Law, or Real Estate, Probate, and Trust Law Section dues with your DCBA payment. The DCBA membership year runs from May to May. If you have any questions about the DCBA, please call the Denton County Bar Association at or Darcy Loveless, President at ; or visit our website at Date: May 2009 Denton County Lawyer 5

6 From our Sponsors Offices Available for Lease Affordable Rent and All Bills Paid Private Parking Teasley/I-35E South area of Denton Contact Michelle at Seekers Private Investigations Gary G. Roberts Director Texas #C11689 Oklahoma #03PIA2811 Investigators 309 N. Center Gladwater, TX Reuben Cagle (940) Paul Scott (940) Denton County Property Records at Your Fingertips Attention ATTORNEYS: Title Resources of North Texas is opening its abstract plant to attorneys for non-insured, informationalpurposes-only property research. Choose full service, assisted service or do-it-yourself research. Searches are available for current owner, names, deed, foreclosures, liens, historical title, mineral rights, document retrievals and more. Call today for details or a tour of our abstract plant. We are also a full-service title insurance company. Fax: Dallas Drive, Suite 402, Denton, TX Denton County Lawyer May 2009

7 From Our Sponsors BRUCE ISAACKS ATTORNEY AT LAW BOARD CERTIFIED CRIMINAL LAW SPECIALIST W. HICKORY DENTON, TEXAS BUS. (940) FAX (940) IN THE OAK-HICKORY HISTORIC DISTRICT Not certified by the Board of Legal Specialization. May 2009 Denton County Lawyer 7

8 Denton County Bar Association & Denton County Alternative Dispute Resolution Program 512 West Hickory Street, Suite 202 Denton, TX PRESTD First Class US Postage Paid Denton, TX Permit #1029 DCBA in May Bar Luncheon Date: Friday, May 1, Noon Meal included Location: Oakmont Country Club 1901 Oakmont Drive Corinth, Texas Program: Business Meeting 8 Denton County Lawyer May 2009 June Bar Luncheon Date: Friday, June 5, Noon Meal included 0.5 CLE included Location: Oakmont Country Club 1901 Oakmont Drive Corinth, Texas Program: Media Savvy Litigation in the Internet Age Speaker: David Marquiles Announcing New Paradigm presents Collaborative Training for Legal Assistants, May 8, 2009 at 9:00 AM 5:00 PM at the Wildwood Inn in Denton, Texas. Cost of the training, is $ and 6.25 CLE hours can be received. For more information please, visit Mike Gregory with Koons, Fuller, Vander, Eykel and Robertson, P.C. has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the foundation are selected for their outstanding professional achievements and their demonstrated commitment to the improvement of the Justice system throughout the state of Texas.