The 5th Annual Kinship Fair, which

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1 Volume 120, Issue 7 December 2010/January 2011 By Alyson Gregory Richter, Gregory Family Law, The 5th Annual Kinship Fair, which took place on Saturday, October 16, at Texas Woman s University s Pioneer Circle, was a huge success! The Kinship Fair is a joint project of Child Protective Services, the Denton County Court Appointed Special Advocates, and the Greater Denton County Young Lawyers Association, whose collective goal is to serve families providing care to children who have been removed from their homes and placed with relatives or close family friends. The 2010 Kinship Fair served over 65 children from 37 families by way of its Fall Carnival, which featured games, music, food, face-painting, horse-drawn carriage rides, a bicycle safety course, a bounce house, and information for the families about community programs from which they may benefit. Through the Kinship Fair, the children and families were provided not only with a fun day of activities, but also with necessities such as diapers, toiletries, clothing, school supplies, car seats, winter coats, blankets, bedding, and books. Many individuals and community groups contributed to making the 2010 Kinship Fair not only successful, but also a very special day for the children and families. The following organizations had booths at the Fair: Community Partners of Denton County, The Child and Family Guidance Center, The Denton Fire Department, Family Resource Center of North Texas, Greater Denton County Young Lawyers Association, Iron Guardians, Richardson Bike Mart, Rustic Rides, The Child and Family Guidance Center, TWU Dental Hygiene Department, TWU Fashion Department, TWU Nutrition Department, 2011 class of Leadership Denton, and Wells Fargo. The following businesses and individuals made monetary and in-kind donations in support of the Fair: Ben Hunsucker, Attorney at Law; Bowen Law Group; Brinkley & Webster, P.L.L.C.; Coffey, Stout & Peace, L.L.P.; Community Partners of Denton County; Crooked Crust Pizza; Daniel K. Peugh, L.L.C.; Denton County Community Supervision and Corrections Department; Duane L. Coker & Associates, P.C.; Gregory Family Law, P.C.; Hayes, Berry, White & Vanzant, L.L.P.; Hill & Hill; Joe Zellmer, Attorney at Law; Koons, Fuller, Vanden Eykel & Robertson; Law Office of Byron D. Brown; Law Office of Cynthia M. Burkett; Law Office of Derbha H. Jones, P.L.L.C.; Law Office of Tim Powers; Lewis & Passons, P.C.; Loveless & Loveless; Robert J. Widmer, Jr., P.C.; Roger Yale, Attorney at Law; Russell L. Welch, Attorney at Law; Rustic Rides; Sawko & Burroughs, P.C.; Shipman Steppick, P.C.; Texas Women s University; The Maldonado Law Office, P.C.; TWU Practice III Group; TWU s Child Abuse Prevention Society; Wells Fargo; and Wood, Thacker & Weatherly, P.C. Thanks to everyone who supported the 2010 Kinship Fair! You truly made a difference for these families and children, which showed from the smiles on their faces! Please save the date for the 2011 Kinship Fair Benefit Concert, which will take place on April 1, What s Inside From the President...2 Upcoming Events...3 Around the County...4 Around the County & CLE...5 For Your Practice...6 From our Sponsors...7 Announcements...8

2 From the President E xpectations. A general rule of thumb is that one dissatisfied client tells ten others about their bad experience, whereas a satisfied person may tell two or three people about their good experience. To keep a client happy, you have to be conservative when explaining possible outcomes. The first time I learned this was from a Service Manager I had. He would tell the customer a realistic time it would take to do the job, and the customer would then twist his arm and get him to state a shorter period of time. The customer was then happy and left. Later when the car wasn t ready, I would be sitting in my office having a cup of coffee and seeing the Service Manager heading to my office with an upset client in tow. The Service Manager would throw the file on my desk and then quickly excuse himself (run for the door) leaving me holding the bag. The constant refrain from these clients was If he had just told me the truth, then I could have made arrangements and it would not have been a big deal. This same idea comes into play in the practice of law. We all know there are no guarantees in this business, but we need to explain that to the client. The client has to have realistic expectations. We can do the best possible job, have the best law, be the best prepared, and still lose the case. I explain to the clients on the front end all of the possible scenarios, what their weaknesses are, what their strong points are, the likelihood of success, the time it will probably take, the unknown factors such as the court s docket, scheduling issues, witnesses, who the opposing counsel will be, that the retainer amount has absolutely nothing to do with what the ultimate legal fees will be, that when the retainer runs out they are still expected to pay their bills, and if they don t then I will have to withdraw from the case. I explain to them that at the end of the matter, if we win, we do not get a check. We get a piece of paper called a judgment, and then we have to try to collect that. I then explain what that process entails and warn of the risk of the opposing party filing bankruptcy. Now one may think that by the time I go through all this with the client that the client subsequently runs for the door, leaving a trail of smoke. Actually what happens is the client usually tells me that they appreciate me being forthright and honest and that no one has ever explained all of that to them and that they trust me to handle the case. I continue to be forthright with the client throughout the case. Cases are not stagnant. Your client s position can improve as the case goes forward or get worse. Again, it is important to keep your client informed about these changes. Even after the judgment sometimes you may have to jump in and bring some realism to the mix. For instance, I won a large judgment for my clients once after a two year battle. My clients immediately began planning for ways to spend the money. I had to RE-EXPLAIN to them that it was just a piece of paper, and we still had the possibility of appeal, collection, bankruptcy, etc. In summary, be realistic, at the front, the middle, the end and always. Your clients will appreciate it, will refer others to you, and be happy with you even if the ultimate outcome was not in their favor. Happy Holidays! DCBA Officers President, Don R. White, Jr. Immediate Past President, Darcy Loveless President-Elect, Dena A. Reecer Vice President, Duane L. Coker Treasurer, Theodore D. Ogilvie Secretary, Amie Peace CLE Director, Patricia L. Ryan DCBA Directors Travis Biggs, Cynthia Burkett, Julia Kerestine, Andrew M. Lloyd, Patricia L. Ryan, John Rentz, Joe Zellmer DCBA Committee Chairs Courts Committee, Duane L. Coker Library Board of Governors, Andrew M. Lloyd Social Committee, Travis Biggs CLE Committee, Patricia L. Ryan Communications Committee, Amie Peace and Andrew M. Lloyd Fee Dispute, John Rentz Pro Bono, Cynthia Burkett Membership, Joe Zellmer Awards, Don R. White, Jr. Planning Committee, Dena Reecer Local Rules, Duane L. Coker DCBA Sections Trial Lawyer s Association Family Law Section Greater Denton County Young Lawyers Association Real Estate, Trust, and Probate Law Section Criminal Law DCBA Membership Your DCBA Membership includes Free and discounted CLE programs Monthly luncheon & happy hour Networking opportunities Listing on the bar website, including photo, two practice areas, and a link to your website. For more information see our website: 2 Denton County Lawyer December 2010/January 2011

3 Upcoming Events Collaborative Law Part 2 By Kim M. Munsinger, Munsinger & Munsinger, This article is part two of a three part series, part one was in the November 2010 issue of the Denton County Lawyer. What Collaborative Law is Not Collaborative law is a novel way to resolve divorces, and a potent member of the alternative dispute resolution toolkit, but there are several things it is not. First, collaborative law isn t bargain basement divorce. A collaborative divorce can save money by avoiding costly courtroom battles, aggressive discovery, and duplication of experts, but it s not cheap. However, it is a good value when you consider the custom-fitted outcomes and goodwill among the parties that the collaborative divorce process can yield. Second, collaborative law isn t mediation, which is a different flavor of alternative dispute resolution. In most mediations, a trained mediator meets with the two attorneys and the parties to help them resolve their differences and reach an agreement. Mediation seldom takes more than a day and often occurs at the end of the litigation process as an alternative to going to trial. In addition, mediation alone rarely produces an optimum settlement, while collaborative law often does. However, mediation can be a useful tool to resolve a collaborative case when negotiations have stalled. San Antonio family lawyer Ben Chappell successfully mediated a collaborative case where the lawyers and parties had collected the information on the family assets and liabilities, but emotions were just too volatile to reach an agreement without help. And third, collaborative law isn t unstructured. In collaborative sessions, we don t just sit around singing Kumbaya, Houston collaborative lawyer Norma Trusch explains. There is a clearly defined structure with agendas and a road map to resolution. In addition, a collaborative divorce settlement doesn t simply fall into everyone s laps without effort. After a challenging collaborative session, San Antonio collaborative lawyer Jamie Patterson summed Collaborative continued on Page 6. DCBA Holiday Party Date: December 9, 2010, 4:00 8:00 pm Location: Koons Fuller Family Law 320 Eagle Dr., Suite 200 Denton, TX Details: Come join the DCBA for food, drinks, and fun. Please RSVP to Michelle Houston at [email protected]. December 13, 2010, 12:00 1:00 pm Central Jury Room, Denton County Courthouse 1450 E. McKinney St. Denton TX Come join the DCBA to honor our outgoing Judges: Collier, Whitten, and Windle. Please RSVP to Michelle Houston at Judge Windle Reception Date: December 17, 2010, 2:00 5:00 pm Location: Statutory Probate Courtroom, Denton County Courthouse 1450 E. McKinney St. Denton TX Details: Come join the Probate Staff and the REPTL Section in recognition of the retirement of the Honorable Judge Don R. Windle. December 2010/January 2011 Denton County Lawyer 3

4 Around the County Homecoming Float Unites DCBA Members and UNT Fraternity By Najua Azzami, DCBA Administrative Coordinator and Phi Alpha Delta Vice-President. On Saturday October 16th, the University of North Texas (UNT) celebrated their 2010 Homecoming. The Phi Alpha Delta (PAD) Pre- Law Fraternity Chapter at UNT was gratefully sponsored by Attorney Travis Biggs and Amie Peace and was assisted by the Denton County Bar Association (DCBA) for the weekends festivities. Through everyone s help, PAD was able to compete in the best float competition at the Homecoming Parade. All evening Friday prior to the parade, members of our fraternity, family members, and local attorneys gathered in the Hayes, Berry, White & Vanzant parking lot to build our float. We had music playing, food on the grill, laughs shared, and an opportunity for our members to find Mentors. We were having such a good time building our 70s disco themed float that at one point, a policeman drove by and told us to quiet down! When Saturday rolled around, we met at the parking lot once again and made our way to campus for judging. We waited and waited, snapped some pictures, made last minute fixes and additions, and then the judges came by. I remember all of us just staring at them as they examined our float, and we tried to explain to them, We have a fog machine, we have a fog machine! Soon they passed and we were back at ease, but anxious to get the results. I distinctly remember the excitement when a group of people came walking our way with a trophy and banner, and I thought to myself, I should probably get my camera ready. And sure enough, they stopped at our float and announced that we won best student organization float, the Independent Eagle Spirit Award! We all cheered with excitement, and I cannot explain the joy that overcame me at that moment! We took pictures with our victorious trophy and banner, and soon the parade began. We, along with Michelle Houston, her three kids, and Collin Mitchell, all enjoyed throwing candies to the crowd and showing off our win! We ended our day tailgating in the Mean Green Village right before the game. Dr. Kimi King and the Political Science department greeted us at the tent with food and drinks. Winning the Homecoming Parade has been such a great success for PAD, and we could not have won without the help of Travis Biggs, Amie Peace and her staff, Michelle Houston and the DCBA, Heidi Whitaker, Fon Laughlin, Kathy Barnett, Collin Mitchell, Amanda Coffey, and everybody else who showed up that weekend. We owe our success to you all and on behalf of the PAD Pre-Law Fraternity Chapter at UNT, thank you very much for your time, patience, and help even including expenses! As Vice President of this Fraternity I am very proud to associate myself with such an amazing law community. This past Homecoming was a memorable one and next year we strive to beat this year s achievements! With the help of DCBA and local attorneys, Phi Alpha Delta, UNT s Pre- Law Fraternity, received the Eagle Spirit Award at UNT s 2010 Homecoming Parade for their 70s themed float. 4 Denton County Lawyer December 2010/January 2011

5 Around the County & CLE First Veterans Legal Clinic a Success By Joseph F. Zellmer, Zellmer Law, The Denton County Bar Association (DCBA), Legal Aid of NorthWest Texas (LANWT), and Denton County Paralegal Association joined together to offer a pro bono legal clinic for Denton County veterans on November 6, Veterans, their spouses, and spouses of deceased veterans who met income guidelines were eligible to attend. This is the first of four clinics to be held. More than 20 volunteers provided legal assistance to our veterans and their spouses. Attorneys Travis Biggs, Brent Hill, Elizabeth Nielsen, Phillip Romero, and Grace Weatherly answered questions regarding employment, consumer, probate, and family law. Seven local paralegals assisted with registration paperwork and income eligibility. Kathy Duncan, director of pro bono and bar relations for LANWT, and Glenda Hill, pro bono coordinator for the Denton office of LANWT, offered their expertise in every area of the clinic. In addition, representatives from the Texas Workforce Commission and Denton County Veterans Service office were available to assist veterans seeking employment or needing help in dealing with the Veterans Administration. Mike Gregory even made an appearance, taking pictures and entertaining the volunteers with his great stories. We had a tremendous response from DCBA members willing to help our veterans. Based on the number of pre-registered veterans and the turnout at other legal clinics in the area, we ultimately decided to ask a few of our volunteers to attend, with the others to be contacted to assist at later clinics. The First United Methodist Church of Denton provided the facility, and its excellent staff assisted with set-up and clean-up. Northstar Bank, The Rotary Club of Denton South, and First State Bank provided refreshments for veterans and volunteers. Though the number of veterans attending was not as large as hoped at this first clinic, we have made contact with numerous veteran organizations and word will continue to spread. We expect a much larger turnout at our next clinic, which is tentatively scheduled for February 26, If you wish to volunteer at future clinics and have not already signed up, please me at [email protected]. Monthly Meetings Collaborative Professionals DCCP will meet at 12:00 pm on Tuesday, December 7 at Oakmont Country Club, 1901 Oakmont Dr. in Corinth. Family Law Family Law will meet at 12:00 pm on Thursday, December 16 at the Central Jury Room, 1450 E. McKinney St. in Denton. Paralegals DCPA will meet at 5:30 pm on Tuesday, December 7 at Carino;s Italian Grill, 1516 Centre Place Dr. in Denton. Members Only. GDCYLA GDCYLA will meet at 11:45 am on Thursday, December 2 at Andaman Thai Restaurant, 221 E. Hickory in Denton REPTL REPTL will meet at 11:45 pm on Wednesday, December 15 at Oakmont Country Club, 1901 Oakmont Dr. in Corinth. TECH Meeting: Bring your favorite Smartphones and applications, we plan to share 60 apps in 60 minutes. RSVP at or by at [email protected]. December 2010/January 2011 Denton County Lawyer 5

6 For Your Practice Collaborative continued from Page 3. it up: Collaborative law doesn t mean easy. The Traditional Divorce vs. the Collaborative Divorce The collaborative law process was designed to avoid the negatives often associated with traditional litigated divorces. Among these negatives are expensive formal discovery, limited communications between the parties, battles of the experts, lack of privacy, destruction of relationships, inconvenience, and lack of flexibility. Collaborative law deals with discovery, party communications, and experts in the following ways. Rather than engage in costly formal discovery, documents are exchanged informally and are often collected and compiled by the neutral financial professional. Constructive communication between the parties is encouraged. Both parties need to agree to communicate with each other outside collaborative sessions, and they can ask for help from a mental health professional (MHP). This is in contrast with litigation, where communication between the parties is typically discouraged. In a collaborative case, the experts assist with the overall process or they can be hired for a specific task, such as valuing a family-owned business. There are never battles of the experts in collaborative cases. In contrast with a public, litigated divorce, the collaborative law process offers total privacy. Collaborative sessions are private, and there are no courtroom hearings. The collaborative agreement is confidential and need not be filed with the court. Also, the final decree in a collaborative divorce can be drafted with minimal statutory language, and a private, contractual divorce agreement which will not be filed with the court can lay out the property division and other settlement details. The collaborative divorce process can also prevent destruction of relationships. Nobody realistically expects divorced couples to be buddies, but litigated divorces can leave everyone upset and bitter for years. It s easy to see why this matters in families with children, but even couples without kids benefit from leaving a divorce on speaking terms. Collaborative law s closed-door conferences, lack of courtroom theatrics, and the assistance of the MHP all help prevent the destruction of relationships. Compared with litigated divorces, collaborative law is convenient for everyone. The parties schedule the collaborative sessions for their mutual convenience, which is a major benefit to clients who are busy professionals. The lawyers and neutral experts also appreciate not having to attend hearings at inconvenient times. Collaborative divorces are even feasible for out-of-state parties who must travel to collaborative sessions. One of the best features of the collaborative process is the flexibility allowed in the final agreement. In a collaborative case, the lawyers and parties have the freedom to reach a settlement agreement customized for their particular situation. This might be consistent with the code, or it might vary in some meaningful way according to the case s unique facts. Part three of this three part series will appear in the February 2011 issue of the Denton County Lawyer. A version of this article appeared in the September-October 2010 issue of San Antonio Lawyer magazine. 6 Denton County Lawyer December 2010/January 2011

7 From our Sponsors December 2010/January 2011 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 #438 DCBA in December Bar Luncheon Date: Friday, December 3, Noon Meal included Location: Oakmont Country Club 1901 Oakmont Drive Corinth, Texas Program: Judicial Review and Preferences: A Look Back at 2010 Speaker: Denton County Judicial District Court Judge Panel January Bar Luncheon Date: Friday, January 7, Noon Meal included Location: Oakmont Country Club 1901 Oakmont Drive Corinth, Texas Program: Practical Helps in Bankruptcy Cases for Non-Bankruptcy Practitioners Speaker: Carol Wolfram Save the Date What: Fantasy Island, Bench Bar II When: May 20-22, 2011 Where: Tanglewood Resort, Pottsboro, TX Registration: $495 for current DCBA members $445 if you register by January 31 Condolences DCBA would like to express our condolences to Verneda Love, on the passing of her father in November.