Steve Laird
Steve Laird is one of the Top 100 Lawyers in Texas* There’s a Reason
It takes years to establish a good reputation Handling Personal Injury Wrongful Death & 18-Wheeler Cases *Texas Super Lawyers, Top 100 (2005-2013, 2015-2021) - Thomson Reuters
Honored to be inducted into the International Society of Barristers
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S t e v e n C . L a i r d, P. C . 817.531.3000
1119 PENNSYLVANIA AVENUE, FORT WORTH, TX 76104
www.texlawyers.com
PRESIDENT’S PAGE
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y close friends, family, staff and certainly my law partner/husband would say that I am an organized person who loves to have a plan. Ok….what they would actually say is that I am overly organized and have to have a plan for everything! I love notebooks, tabs, checklists and spreadsheets. So, while I had certain plans for my term as the President of the TCBA, shortly into my term I have already had to change plans and add a few more tabs to my notebook for issues that I thought were in the past – one for continuing COVID issues and one for the search for a new Executive Director of the TCBA. Megan has done an outstanding job as Executive Director and while we are all sad to see her go, I know that we are all excited for this new chapter in her life and am confident she will remain an active member of the TCBA. I am so thrilled and beyond grateful that our very own Kayla Dailey has agreed to serve as Interim Executive Director to assist the bar through this transition and to keep things running smoothly. Please know that we are diligently working on the search for the new Executive Director of the TCBA! I know that we were all ready to put COVID behind us and start Fall of 2021 with thoughts of in person TCBA activities, luncheons and meetings. And while some of that will still happen, we have modify our plans and proceed in a manner that addresses the concerns of all of our members. Although not a word that I consider as describing me the best, maybe the word “flexible” will define my Presidency this year.
IN PERSON/ZOOM/MASKS:
The TCBA remains ready to respond appropriately as Covid issues continue to change. The good news is we already know how to do this! We have policies in place and have the technology ready to provide alternatives to in person activities and meetings.
by Kimberly Naylor
1. TCBA’s CLE Committee plans the Brown Bag CLE and other CLE programs for the legal profession. Working on the committee includes planning relevant CLE topics and reaching out to speakers in the community. It’s a great way to work with lawyers from different practice areas, and it provides an important service to our legal community by promoting professional development. 2. TCBA’s Membership Committee encourages continued membership in the TCBA, and it also plans programs and benefits to ensure that your TCBA membership is valuable and helpful to your practice. This committee is essential to maintaining a strong bar association, as well as supporting TCBA’s members during difficult times. 3. Would you like to see more substantive legal articles in the Bulletin? TCBA needs volunteers to help plan and review article submissions for the Bulletin. The Bulletin is a great place to share information about current legal developments and updates with our legal community. If interested, contact Elizabeth Banda at elizabeth@tarrantbar.org. 4. TCBA’s Bench Bar Committee helps plan the timehonored conference each year in April, and TCBA looks forward to holding the conference again this year in April 2022 at Horseshoe Bay. Volunteers are needed to help the CLE and activities for the conference. It’s a fun group, and you are guaranteed to meet new people in the process. If you have questions about a committee or the time commitment involved, please contact Kayla Dailey at kayla@tarrantbar.org.
HERE IS WHAT IS GOING ON:
TCBA sections and committees continue to meet and plan for activities during this bar year. Some events are being held in person, and some continue virtually. Thank you to all the leaders of the committees and sections who are thoughtfully planning get togethers and programming that takes into account the needs and input of our members. These leaders are listed on page 18. We appreciate your work on the Bar’s behalf! g
CONSIDER JOINING A COMMITTEE:
It is during these times that it is even more important to join a committee and serve YOUR bar association. We cannot do this without you! Please consider joining just one committee. Committees that need members:
JOIN A COMMITTEE TODAY! www.tarrantbar.org/CommitteeVolunteerForm OCTOBER 2021
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Tarrant County Bar Association 817.338.4092 ▪ Fax 817.335.9238 website: www.tarrantbar.org email: tcba@tarrantbar.org 2021–2022 Officers
President...............................Kimberly Naylor President-Elect.........................Karen Denney Vice President....................................Lu Pham Secretary-Treasurer....................Scott Lindsey
Directors Term Ends 2022
Director.....................................John Lively, Jr. Director........................................Dana Manry Director........................................Lynn Winter
Term Ends 2023
Director...................................John Brookman Director..........................................Cheryl Leb Director..............................Marvina Robinson
2021–2022 Appointed Directors
Appointed Director....................Mary Barkley Appointed Director...........J. Michael McBride
Tarrant County Young Lawyers Association
Fall 2021 President...............Brian Singleterry Fall 2022 President...............Aulstin Gardiner Immediate Past President............Gary Medlin Executive Director....................Megan Cooley Ex-Officio Members State Bar of Texas Director.................................Kimberly Naylor Director................................Jason C.N. Smith Bar Bulletin Graphics/Production.............Elizabeth Banda The Tarrant County Bar Bulletin is a bi-monthly publication of the Tarrant County Bar Association. Articles, photos, suggestions or comments should be directed to: elizabeth@tarrantbar.org 1315 Calhoun Street ▪ Fort Worth, TX 76102-6504 Deadline for submission: December 1........................................January/February February 1...................................................March/April April 1...............................................................May/June June 1.............................................................July/August August 1..........................................September/October October 1.....................................November/December
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. Advertisements and feature articles should not be considered an endorsement of any service, product, program, seminar or event.
Contents Feature 10
Major General Patrick Brady U.S. Army – Retired Medal of Honor Recipient
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Support the Tarrant County Bar Foundation’s Justice for All Campaign
Departments 1 President’s Page 3 YLA Snapshot 4 CLE Corner 5 100 Club 6 Judicial Profile - Judge Sean Cook, IV-D Court No. 3 14 Snippets 17 Texas Lawyers for Texas Veterans 18 A Word From Our Sections 19 LegalLine 21 Tarrant County Volunteer Attorney Services 26 Lawyers on the Move & in the News 26 Membership Report 27 In Memoriam
YLA Snapshot
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Brian Singleterry 2021–2022 TCYLA President
s a new bar year starts and we’ve just paid our dues, we should remind ourselves why we gave the TCBA and TCYLA our money. I believe, as the Texas Lawyer’s Creed states, that lawyers are “entrusted by the State of Texas to preserve and improve our legal system.” Pursuing this calling requires cooperation only possible through local bars like the TCYLA, and it cannot be counted in mere dollars and cents. Because you are reading this in the TCBA Bar Bulletin, you likely agree. But many lawyers—especially young lawyers—view bar membership differently. Bar membership must compete with other demands on their money, like Netflix (which costs $156/year compared to TCYLA’s $50/year). TCYLA must justify itself in these terms too. So what’s membership worth? Just in terms of value, TCYLA membership is a steal. Guided by the calling of improving the legal system, we provide many services: 1. Networking. While pragmatic benefits of networking are clear—friendships, mentors, referrals, and jobs— stronger connections in the bar also create a better place to live and practice law. TCYLA provides multiple networking opportunities: happy hours, the softball league, the charity golf tournament on November 15, and Spring Fiesta. This year, TCYLA will encourage networking with specialized bars and non-lawyers. Better networking and connections foster civility. Practicing law in Tarrant County has traditionally been different than practicing law 30 miles east of here. TCYLA seeks to preserve the Fort Worth Way of practicing law. 2. Community Service. For young lawyers looking for a place to give back to the community, TCYLA provides multiple opportunities. Through TVAS and other legal aid services, we give members opportunities to serve pro bono. We continue to support numerous local charities, including the Tarrant Area Food Bank, the Ronald McDonald House, and Taste Project. We also partner with Texas A&M School of law, providing mentoring through its Professionalism Program. And we are seeking to expand these opportunities. 3. CLE. For the $50 annual dues, we provide ten hours of CLE. This year, thanks to the work of Austin Franklin,
we started providing CLE online. It’s difficult to find cheaper CLE. These services and opportunities are worth as much as a subscription to Netflix. My term as TCYLA president starts with this record of success. TCYLA has been under outstanding leadership. Our outgoing President, Andrea Palmer, steered TCYLA through the worst of COVID and still accomplished her goals of building a more diverse TCYLA board and integrating TCYLA into the Fort Worth community. Thank you, Andrea. This year’s TCYLA leadership comprises dedicated and talented lawyers: Aulstin Gardiner is our President-Elect; Spencer Mainka is our Secretary-Treasurer; our returning Directors are Collin Ashworth, Ola Campbell, John Easter, Austin Franklin, Elizabeth Haslam, Caroline Rodgers, Harrison Smith, and Jeffrey Tillman; and our new Directors are Priscilla Bowens, Serech Kissire, and Ty Stimpson. This year’s accomplishments will be due to their hard work. TCYLA continues to pack value into our members’ dues. I think our members will feel that they got their money’s worth. And I hope our members join me in viewing TCYLA membership as essential to their identity as a lawyer. Leading TCYLA is a great honor. I hope to serve this institution well and leave it in condition to continue serving Tarrant County into the future. g
http://www.tcyla.org/
We're Social | Follow Us
Tarrant County Young Lawyers Association @TCYLA If you need an application or meeting information, call 817.338.4092 or email laurensc@tarrantbar.org. OCTOBER 2021
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CLE CORNER
Earn CLE Your Way . . . Free and Low Cost CLE On-Demand Section Webinars:
Section members can access free online CLE that is available on the section’s e-community. If you are not a member of a section and want to access a particular recorded CLE, visit www.tarrantbar.org/cleondemand or contact Lauren St. Clair at laurensc@tarrantbar.org to purchase the recording.
Appellate Law Section
Topic: Brain Break with the Eleventh Court of Appeals - Eastland Moderator: Jeanette Strange, Tarrant County Criminal District Attorney’s Office Judicial Panel: • Chief Justice John M. Bailey • Justice W. Stacy Trotter • Justice Bruce Williams CLE: .5 hour of Ethics (FREE to TCBA Members) Topic: Brain Break with the Eleventh Court of Appeals - Eastland Moderator: Jeanette Strange, Tarrant County Criminal District Attorney’s Office Judicial Panel: • Chief Justice John M. Bailey • Justice W. Stacy Trotter • Justice Bruce Williams CLE: .5 hour of Ethics (FREE to TCBA Members) Topic: Brain Break with the Seventh Court of Appeals - Amarillo Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Chief Justice Brian Quinn • Justice Patrick A. Pirtle • Justice Lawrence M. Doss CLE: .5 hour of Ethics (FREE to TCBA Members) Topic: Brain Break with the Fourteenth Court of Appeals - Houston Moderator: Jody Sanders, Kelly Hart Judicial Panel: • Justice Tracy Christopher • Justice Kevin Jewell CLE: .5 hour of Ethics (FREE to TCBA Members)
Bankruptcy Law Section
Topic: Bankruptcy Court Procedures During Pandemic and Other Updates Judicial Panel: • Judge Mark Mullin • Judge E. Lee Morris CLE: .5 hour (FREE to TCBA Members)
Business Litigation Section
Topic: Federal Judicial Panel with U.S. District Court, Northern District of Texas 4 www.tarrantbar.org OCTOBER 2021
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Judicial Panel: • Judge Terry R. Means • Judge Reed O’Connor • Judge Mark T. Pittman CLE: 1 hour (FREE to TCBA Members)
Construction Law Section
Topic: Legislative Update from the 2021 Regular Session Speakers: Jack Baxley, TEXO CLE: 1 hour (FREE to Section Members)
Criminal Law/Labor and Employment Sections
Topic: Cybersecurity: Emerging Threats and the Legal Landscape Speaker: Kathryn Childress, BakerHostetler CLE: 0.75 (FREE to TCBA Members)
Energy Law Section
Topic: Surface Conflicts in Oil & Gas Development – Accommodation Doctrine & Excessive Use Speakers: Graham Simms and Wesley D. Lloyd, Freeman Mills, P.C. CLE: 1 hour (FREE to TCBA Members)
Environmental Law Section
Topic: Liquid Business: Is Water Becoming the New Oil? Speaker: Professor Vanessa Casado-Pérez, Texas A&M University School of Law CLE: 1 hour (FREE to TCBA Members)
Fort Worth Business & Estate Section
Topic: Hot Topics in Estate Planning Speakers: Steve Akers, Bessemer Trust; Mike Bourland, Bourland Wall & Wenzel; Keri Brown, Baker Botts, LLP; Lee Schwemer, Former Supervisory Attorney (Estate Tax), IRS; Current Lecturer - UTA CLE: 1 hour (FREE to Section Members)
Labor & Employment Law Section
Topic: Developments in Texas Employment Law Speaker: Professor Richard Carlson, South Texas College of Law, Houston CLE: 1 hour (FREE to TCBA Members)
Real Estate Section
Topic: Real Estate Section Legislative Update Speaker: Mary Barkley, Cantey Hanger LLP CLE: 1 hour (FREE to TCBA Members)
Transition to Practice Webinar
Topic: Thinking, Going, Gone Solo: Considerations for Every Stage of the Journey Speaker: Anne-Marie Rábago, Founder & Principal, MODERN JURIS CLE: 1 hour with .5 hour Ethics (FREE to TCBA Members)
Members of the 2021–2022
100 Club
*List Reflected Below is as of September 15, 2021 Adams, Lynch & Loftin, P.C. Anderson & Cummings, LLP Baker Monroe, PLLC Barlow Garsek & Simon, LLP Blaies & Hightower, LLP Bonds Ellis Eppich Schafer Jones, LLP Bourland, Wall & Wenzel, P.C. Brackett & Ellis, P.C. Broude Smith Jennings & McGlinchey, P.C. Brown, Proctor & Howell, LLP Curnutt & Hafer, LLP Decker Jones, P.C. Dismuke & Waters, P.C. Forshey & Prostok, LLP Freeman Mills P.C. Friedman, Suder & Cooke, P.C. Griffith, Jay & Michel, LLP Harris, Finley & Bogle, P.C. Harrison Steck, P.C. Haynes and Boone, LLP Holland, Johns & Penny, LLP Jackson Walker, LLP K&L Gates LLP Kelly Hart & Hallman LLP Killen & Dennis, P.C. KoonsFuller, P.C. Linebarger Goggan Blair & Sampson, LLP
Lively & Associates, PLLC McDonald Sanders, P.C. Moses, Palmer & Howell, LLP Murphy Mahon Keffler & Farrier, LLP Naman Howell Smith & Lee, PLLC Nelson Bumgardner Albritton, P.C. Noteboom Law Firm Padfield & Stout, LLP Pham Harrison, LLP Phelps Dunbar, LLP Pope, Hardwicke, Christie, Schell, Kelly & Taplett, LLP Seltzer & Dally, PLLC Sharen Wilson, Criminal District Attorney's Office Taylor Olson Adkins Sralla & Elam, LLP The Blum Firm, P.C. The Colaneri Firm, P.C. The Second Court of Appeals Thompson & Knight, LLP Udeshi Law Firm, PLLC Underwood Law Firm, PLLC Varghese Summersett, PLLC Watson, Caraway, Midkiff & Luningham, LLP Whitaker Chalk Swindle & Schwartz, PLLC Whitley Penn, LLP Wick Phillips Winstead, P.C.
100 Club
To be eligible for the 100 Club, any law firm, government agency, law school, or corporate legal department that has four or more members and attains 100% TCBA membership compliance for the 2021–2022 bar year qualifies for the “100 Club.” The firms/organizations listed (above) have already paid their membership dues and qualify for 100 Club membership for the new bar year.
Any firm/organization that qualifies in the future will have its name published in every issue of the Bar Bulletin for this bar year. TCBA is proud of the participation of these law firms and other groups. The new bar year began on July 1; if you have not paid your renewal invoice, contact our Membership Director Lauren St. Clair at 817.338.4092 or email her at laurensc@tarrantbar.org. g OCTOBER 2021
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JUDICIAL PROFILE
By Perry Cockerell, Perry Cockerell, P.C.
Judge Sean Cook, IV-D Court No. 3
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n the first floor of the Family Law Center of Tarrant County, three specialized courts handle numerous family law matters filed by the Texas Attorney General. Tarrant County has three civil judges who preside over these IV-D courts serving six counties. A IV-D Court hears cases brought under Part D, Title IV of the Federal Social Security Act, 42 U.S.C. § 6851, to provide expedited judicial process to resolve child support cases. Judge Sean Cook is one of the three judges in Tarrant County and assigned to the IV-D Court No. 3. In addition to serving Tarrant County, once a month he travels to Granbury and Stephenville to conduct hearings in Hood and Erath counties. Judge Cherami Jenkins handles Tarrant and Denton counties and Judge Casey Conine handles Tarrant, Johnson, and Somerville counties. Judge Cook as born in Washington, D.C., on Fort Belvoir in 1973 while his father, Uzell Cook, served on active duty in the Air Force and his mother, Mary Cook, worked as a computer analyst. He has one brother, Euell Cook, and two sisters, Mandy Cook and Krystle Cook. In 1978 his family moved to Austin, Texas, when his father transferred to Bergstrom Air Force Base. In 1983 when his father retired as a Sergeant Major in the Air Force, his family moved to Garland, Texas. While attending Lakeview Centennial High School he played the trombone and tuba as a member of the marching and jazz bands. He graduated from Centennial High School in 1991. After high school, Cook chose to attend college at the University of Texas at Arlington and became interested in criminal justice. In 1995 he graduated from UTA with a Bachelor of Arts degree in Criminal Justice. Finding himself drawn to family law matters, he took a job with the Texas Attorney General’s office working in the child support office. After two years with the Texas AG’s office, he wanted to expand his experience and decided to enroll in law school. “I have been interested in the legal profession since I watched an episode of Perry Mason with my mother.” Judge Cook chose Thurgood Marshall School of Law at Texas Southern University in Houston and graduated in 2001. “It was a good experience. It taught me the process of the legal mind.” After law school he set up his own firm for two years and once again was drawn to the Texas AG’s office and returned in 6 www.tarrantbar.org OCTOBER 2021
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March 2003. The Texas AG hired him as an Assistant Attorney General and assigned him to Texas City, where he worked in the child support division handling child support orders, conservatorship, and enforcement cases filed in Brazoria and Galveston counties. In May 2006 he transferred to the Texas AG’s office in Fort Worth located off I-30 near Bryant Irvin Road and worked for seven months in that office. In 2007 he was assigned as the Managing Attorney in the Texas AG’s office in Dallas off I-30 and Zang street in south Dallas, where he supervised a staff of four attorneys. He resided in Arlington and made the daily commute to Dallas for the next seven years. In 2014 he transferred to Fort Worth to the Texas AG’s office located off of I-30 and Beach Street working as one of the Special Litigators involved in substantial litigation and administrative hearings. He remained with the Fort Worth office for the next five years. In 2018 he learned of the opening in the IV-D Court No. 3 in Tarrant County and applied for the position. In January 2019, Judge David Evans, Presiding Judge of the Eighth Administrative Judicial Region, appointed him to the IV-D court.
Life in the IV-D Court No. 3
The court follows the Tarrant County Local Rules posted on the Tarrant County website. Judge Cook’s court coordinator is Veronica Shifflet. The court receives numerous calls during the day and returns them promptly. Litigants and attorneys can call and email the court coordinator for information. Judge Cook requests that exhibits for a hearing be emailed to him prior to the hearing. His email can be obtained from his court coordinator. Prior to the COVID pandemic, a typical day in the IV-D court consisted of a large daily docket of between 40 to 60 cases filed by the Texas AG and in some cases by private parties. The court began a daily grind of working through the docket until it is cleared and then handling the matters that come to the court that are not on the docket. Many cases are resolved by out of court negotiations with attorneys and pro se litigants. “A IV-D docket can be frustrating if you are not use to the controlled chaos, so make sure you are ready when your case is called and try to work out as much as possible before the hearing day. The court process is designed to encourage agreements to be reached. All cases are set in the morning and are worked through by the end of the day,” said Judge Cook. Judge Cook experienced one year on the bench before
drastic changes occurred due to the COVID pandemic. Things changed after COVID. “Everything is on zoom. The number of cases is 25 a day, two cases every thirty minutes until 3:30 p.m. and a break in between.” The Judge’s advice to lawyers who have never handled a IV-D case is to “get in contact with a local attorney and the AG office that is handling the case. If time allows, come to the courthouse and sit in on a case. Always remember that in most instances you have more than one bite at the apple, de novo appeal to a District Court, so don’t get bogged down on the small stuff.” Judge Cook observed changes taking place as a result of COVID. While the number of court cases are limited, he noticed that attorneys from out of county began representing clients in Tarrant County because they can appear by zoom. Before COVID, it was cost-prohibitive for Hood or Erath county attorney to represent a Tarrant County client. This is no longer the case. Zoom has made a difference, reducing costs, and leveling the playing field, allowing attorneys to handle cases out of county where they had no chance before. In addition, Zoom has significantly reduced the costs to litigants and their attorneys who would normally have to appear in court and wait for the court to handle a significant docket.
Will Zoom remain after the pandemic?
“I think people have fallen in love with zoom. I don’t see it going away. We need to find a way to adapt and use it in some way.” Judge Cook attributes his success to his parents who “always tried to make sure that we realized nothing is too serious that you cannot resolve with communication. Faith is the substance of things hoped for, the evidence of things not seen.” In November 2020, Judge Cook married Michelle Barrios. The wedding was in Morrison, Colorado, where they honeymooned. Judge Cook’s favorite hobby is golf, and he is an avid movie watcher. g
Forensic Investigation and Legal Issues Related to Crimes Against the Elderly and People with Disabilities Two day conference highlighting investigations and legal issues in elder abuse and people with disabilities.
REGISTER AT WWW.SHAKENBABY.ORG Thursday, Sept. 30, 2021, 8.30 am to 4.30 pm. WHEN: Friday, Oct. 1, 2021, 8.30 am to 4.30 pm.
WHERE: Dallas Children's Advocacy Center 5351 Samuell Blvd Dallas, TX 75228
CLE’S: TCOLE, CLE, Social Work FACULTY: Medical Aspects of Elder Abuse: Finding Truths in More Challenging Settings Jamie Downs, M.D., D-ABP-AP/CP/FP, F-AAFS, F-NAME, F-ASCP, F-CAP, D-ABMDI, forensX, LLC Building an Elder Law Case by Asking Questions Elisa Reiter, JD Underwood and Perkins, PC Forensic Investigative Techniques: The 12 Elements of the Successful Forensic Investigation Detective Shane Kizer, Denton PD. Bonnie Armstrong, ED, The Shaken Baby Alliance
When Opportunity Knocks, Don't Answer: Dealing Ethically with Incapacitated and Elderly Individuals Melinda Hartnett, JD, The Hartnett Law Firm Reforming Guardianships Judge Brenda Hull Thompson, JD, Presiding Judge, Probate Court of Dallas County
The Crime of the 21st Century: Financial Exploitation Julie Krawcyzk, Director, Steve Benton, Financial Counselor Elder Financial Safety Center Where There's a Will, There's a Way: Case Studies of Elder Abuse Donna Max, JD, Asst US Attorney, Northern District of Texas
Tarrant County Volunteer Attorney Services Looking for ways you can support TVAS but unable to volunteer?
Consider sponsoring a remote or in person clinic! Contact kayla@tarrantbar.org for more details.
Meet the newest TCBF Pro Bono Intern: Kristine Clark What year are you in law school? I am a 3L at Texas A&M.
Why did you decide to pursue a career in law?
I wanted to go to law school to continue my education and help others in the process by doing things such as pro Bono work.
What’s something you’re looking forward to about working with the pro bono programs?
I look forward to working with the Pro Bono Programs because I will be doing a lot of work with veterans which is very close to my heart as I have multiple veterans in my family.
What’s an interesting fact about you?
An interesting fact about me is that I am also working to become a sommelier! g
OCTOBER 2021
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8 www.tarrantbar.org
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Not Receiving LRIS Referrals?
If you were a LRIS panel member in 2020–2021 and are no longer receiving referrals, please contact carolina@tarrantbar.org.
Meet the newest TCBF Pro Bono Intern: Sara Correa What year are you in law school?
I am a 3L at Texas A&M School of Law.
Why did you decide to pursue a career in law?
I have previously worked in social services and education. Through my professional experience, I have encountered challenges that based on my positions and credentials I had little influence or impact on improving. When I found out an attorney does not have to be in a courtroom to advocate for those changes, a career in law seems like a great path for me in order to make the improvements for access and equity.
What’s something you’re looking forward to about working with the pro bono programs?
I am interested in getting to work with the community again. I am looking forward to assisting people with solving problems and connecting with resources, and I am very excited to get experience in a legal setting.
What’s an interesting fact about you?
In my spare time I enjoy baking. In my baking, I like to experiment with vegan and gluten free ingredients. Though not allergy friendly, the best cookie I bake and the most requested cookie is my "world famous" peanut butter cookie. g
OCTOBER 2021
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Help support the Tarrant County Bar Foundation and its programs by participating in our Justice For All Campaign. Here’s how you can move the scales of justice to the Bar Foundation’s goal of $100,000:
Donate to the Justice for All Campaign
www.tarrantbar.org/TCBFJusticeforAllCampaign Take a step up and help your firm or organization join us as one of the inaugural members of the Justice For All 100 Club. Firms or organizations that have 100% of their attorneys donate whatever amount each deems appropriate will be recognized as a Justice for All 100 Club member. Donate at the link above and let us know your firm or organization in the notes section. Need another reason to be an inaugural Justice for All 100 Club organization? TCBF will receive matching funds for the first ten Justice for All 100 Club members, thanks to a generous donation from the Amon Carter Foundation.
Beyond the 100 Club, you can be a sponsor of the Tarrant County Bar Foundation’s annual Advocates for Justice program. The Advocates for Justice program celebrates the Bar Foundation’s Fellows, pro bono programs, and volunteers. 10 www.tarrantbar.org
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65K
$
*Amount raised as of September 17
Donate to the Justice for All Campaign
www.tarrantbar.org/TCBFJusticeforAllCampaign The Tarrant County Bar Foundation is committed to justice, service, and professionalism. Through generous financial support, it funds vital community service projects and pro bono legal services for the Tarrant County community. Its programs include:
ACCESS TO JUSTICE Funds projects related to free legal clinics for the indigent and working poor, lawyer pro bono training programs, and free legal education for the public and for community service organizations
VETERANS Funds the 2019 Statewide Award-Winning Veterans Program related to free legal clinics and educational programs for veterans and veteran support organizations
LEGALLINE Funds resources for the free, call-in center for volunteer attorneys to provide free legal advice to the public and to furnish information about available community resources
TARRANT COUNTY BAR DOUNDATION GRANTS & BUILDING TCBA supports organizations like CASA of Tarrant County and the Eldon B. Mahon Inn of Court though program grants. It also maintains the Bar Building which houses the daily activities and programs of the legal community. OCTOBER 2021
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SAVE THE DATE
Thursday, November 11, 2021 | Fort Worth Club Keynote Speaker: Major General Patrick Brady U.S. Army – Retired Medal of Honor Recipient
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ajor General Patrick Brady spent over 34 years in the Army serving in stations all over the world. He was in Berlin during the building of the wall and returned in 1989 when it was torn down. He served in the Dominican Republic during that conflict, in Korea as commander of the troops at the Joint Security area of the DMZ and for 2 years in Vietnam as a helicopter ambulance pilot. He has eight years’ service with America’s citizen soldiers, our Reserve Components, and is a former Chief of Army Public Affairs. While in Vietnam he was awarded the Medal of Honor for a series of rescues which began at sunrise and ended after dark. Repeatedly he was warned by competent advisors that the missions were impossible due to weather, the enemy situation and mines. On three different missions and six tasks Major Brady extracted patients from areas where other aircraft failed, on one mission 7 times. On two different occasions his aircraft was hit by automatic weapons fire. On a third occasion his aircraft was severely damaged by a mine. Major Brady’s aircraft were so severely damaged that three aircraft were required to complete the missions and at the day’s end the aircraft he flew had over 400 holes in them. In the process two crew members were injured. During the day Major Brady evacuated over 70 patients many who would have died without expeditious medical care. In two tours in Vietnam he flew over 2500 combat missions and rescued over 5000 wounded. He developed foul weather and tactical techniques for air ambulance rescues never before executed in combat for which he is identified in the Encyclopedia of the Vietnam War and other books as the top helicopter pilot in that war. Newt Gingrich and other pundits recognize him as the most decorated living veteran. General Brady is one of two living Army veterans to hold both the Medal of Honor and the Distinguished Service 12 www.tarrantbar.org OCTOBER 2021
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Cross, our nation's second highest award. His other awards include two Distinguished Service Medals; the Defense Superior Service Medal; the Legion of Merit; six Distinguished Flying Crosses; two Bronze Stars, one for valor; the Purple Heart, the Vietnamese Cross of Gallantry with palm and silver star and 53 Air Medals, one for valor. He has received the Distinguished Citizen Award from the American Legion, their highest award, and the Daughters of the American Revolution’s Medal of Honor to name a few non-military awards. He is a master Army aviator and member of both the Army Aviation and Dust Off Halls of Fame. He is the first and only Army Aviator in the National Aviation Hall of Fame. He is also the only Army Aviator to receive the Bob Hoover Freedom of Flight Award and was recently inducted into the Living Legends of Aviation. He published, with his daughter Meghan, Dead Men Flying, which covers his experiences with the origin and execution of Aero Medical evacuation in Viet Nam, called Dust Off, the greatest battlefield life saver in history. His work with the elderly, orphans and unwed mothers is at gereralpatbradyfoundation.org. General Brady currently serves on the board of directors for the National Medal of Honor Museum Foundation and formerly served as President of the Congressional Medal of Honor Society. He has a bachelor’s degree in psychology from Seattle University and an MBA from Notre Dame University. He is a Regent Emeritus at Seattle University and former Commissioner of the Battle Monuments Commission at the time it completed the World War II Memorial. g The Medal of Honor is the nation’s highest military decoration for valor. “The mission of the National Medal of Honor Museum and its attendant education center is to commemorate the stories of our Medal of Honor recipients, unite Americans around what it means to be patriotic, and inspire us to find the hero within ourselves.” More information about the Medal of Honor and museum is located at mohmuseum.org.
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Snippets
Co-Editor Judge Carey Walker, County Criminal Court No. 2
Civil and Criminal
by Judge Bob McCoy g County Criminal Court No. 3
ASK JUDGE BOB
Judge Bob, if I prove breach of contract, do I also have to prove damages in order to be eligible for attorney’s fees? Yes. “To recover fees under section 38.001, (1) a party must prevail on a cause of action for which attorney’s fees are recoverable, and (2) recover damages.” Boucher v. Thacker, 609 S.W.3d 206, 217 (Tex. App.—Texarkana 2020).
MOSES’ AND NOAH’S MONTHLY PARAPROSDAKIAN
(a figure of speech in which the latter part of a sentence or phrase is surprising or unexpected; frequently humorous)
Moses
Noah
The difference between fiction and reality is that fiction has to make sense.
DANES’ QUOTE OF THE MONTH
The dog has seldom been successful in pulling man up to its level of sagacity, but man has frequently dragged the dog down to his. —James Thurber
CRIMINAL ITEMS OF INTEREST 1. Bail
The primary purpose of setting bail, both pretrial and postappeal, “is to secure the presence of the accused.” Foreman v. State, 565 S.W.3d 371 (Tex. App.—Houston [14th Dist.] 2018).
2. Jury Argument
The purpose of closing argument is to facilitate the jury in properly analyzing the evidence presented at trial so that it may “arrive at a just and reasonable conclusion based on the evidence alone, and not on any fact not admitted in evidence.” Proper jury argument generally falls within one of four areas: (1) summation of the evidence, (2) reasonable deduction from the evidence, (3) answer to an argument of opposing counsel, and (4) plea for law enforcement. Milton v. State, 572 S.W.3d 234 (Tex. Crim. App. 2019).
3. Jury Selection
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a challenge for cause, a party must show that he: (1) used all of his peremptory strikes; (2) asked for and was refused additional peremptory strikes; and (3) was then forced to take an identified, objectionable juror whom the party would not have otherwise accepted had the trial court granted his challenge for cause (or had the trial court granted him an additional peremptory challenge to strike the juror). Harris v. State, 572 S.W.3d 325 (Tex. App.—Austin 2019).
4. Victim Impact Evidence
When considering the admissibility of victim-impact evidence, the trial court must consider these factors: “(1) how probative is the evidence; (2) the potential of the evidence to impress the jury in some irrational, but nevertheless indelible way; (3) the time the proponent needs to develop the evidence; and (4) the proponent’s need for the evidence.” Gilbert v. State, 575 S.W.3d 848 (Tex. App.—Texarkana 2019).
5. Confrontation Clause
The right to confrontation under the Sixth Amendment does not apply during revocation proceedings. By its own terms, the Confrontation Clause applies only to criminal prosecutions, and a probation revocation, whether it follows “regular” probation or deferred adjudication probation, is not a stage of criminal prosecutions. Olabode v. State, 575 S.W.3d 878 (Tex. App.—Dallas 2019).
6. Expert Witness
Qualifying a witness as an expert normally implicates a twostep procedure. First, it must be shown that the witness has a sufficient background in a particular field, which background encompasses the matter on which the witness is to give an opinion. The second step gauges the relationship between the subject matter at issue and the expert’s familiarity with it; that is, it must be shown that the expert’s background is “tailored to the specific area of expertise in which the expert desires to testify.” Carter v. State, 575 S.W.3d 892 (Tex. App.—Amarillo 2019).
7. Extraneous Offenses
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Webb v. State, 575 S.W.3d 905 (Tex. App.—Waco 2019).
CIVIL ITEMS OF INTEREST 1. Statutory Construction
We review issues involving statutory interpretation de novo. When determining the meaning of a statute, our primary objective is to give effect to the intent of the Legislature. To determine the Legislature’s intent, we start with the plain language of the statute before resorting to rules of construction. We view the statute as a whole rather than in isolated provisions and apply ordinary meanings to any undefined words unless a different meaning is supplied by legislative definition, is apparent from the context, or the plain meaning leads to absurd results. Yates Energy Corp. v. Broadway Nat’l Bank, 609 S.W.3d 140, 147 (Tex. App.—San Antonio 2018).
foreclosure, because such funds or property are merely held by the acquirer in trust for the true owner; thus, when wrongfully acquired funds are used to purchase real property, no homestead rights can attach to that property. Deluxe Barber School, LLC v. Nwakor, 609 S.W.3d 282, 298 (Tex. App.—Houston [14th Dist.] 2020).
LEGAL QUOTE OF THE MONTH
The law: It has honoured us; may we honour it. —Daniel Webster
COWBOY LOGIC
Be sure and taste your words before you spit them out.
OLD NEWS
2. Property Code 5.028-.029 Correction Instrument The Stock Show Gets Its First Rodeo We hold the provision is triggered and a correction instrument making a material change must be executed by a party’s heirs, successors, or assigns, as opposed to the original parties of the recorded instrument, if the property interest conveyed in the original instrument has been assigned or conveyed by an original party to that party’s heirs, successors, or assigns. Yates Energy Corp. v. Broadway Nat’l Bank, 609 S.W.3d 140, 148 (Tex. App.—San Antonio 2018).
3. Appeals
An appellate court is prohibited from deciding moot controversies. In re Fedex Ground Package Sys., Inc., 609 S.W.3d 153, 158 (Tex. App.—Houston [14th Dist.] 2020).
Finals were held in the world’s first indoor rodeo March 16, 1918, staged by Fort Worth cattle and horse dealers in the Northside Coliseum during the Southwestern Exposition and Fat Stock Show. More than 20,000 spectators turned out to watch cowboys compete for the $3,000 purse in the six-day event. g
Please Remember
2021-2022 membership dues must be paid no later than October 1, 2021. Contact Lauren St. Clair, Membership Director, for more information at 817.338.4092 or laurensc@tarrantbar.org.
4. Parental Rights Termination
A parent’s inability to provide adequate care for a child, lack of parenting skills, and poor judgment may be considered when looking at the child’s best interests. A parent’s lack of motivation to learn how to improve parenting skills is evidence supporting the best-interest determination. In re L.W., 609 S.W.3d 189, 204 (Tex. App.—Texarkana 2020).
5. Parental Rights and Relocation of Child
The Texas Supreme Court set out the following additional factors that may be relevant to the determination of a child’s best interest when considering a parental relocation: (1) the reasons for and against the move, (2) the education, health, and leisure opportunities afforded by the move, (3) the accommodation of the child’s special needs or talents, (4) the effect on extended family relationships, (5) the effect on visitation and communication with the noncustodial parent, (6) the noncustodial parent’s ability to relocate, and (7) the child’s age. Interest of D.L.N., 609 S.W.3d 237, 245 (Tex. App.—Texarkana 2020).
6. Homestead Rights
Texas courts have long held that a homestead designation does not protect wrongfully acquired funds or property from
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Texas Lawyers for Texas Veterans
Tarrant County Chapter
T
Volunteer with Texas Lawyers for Texas Veterans
LTV provides legal advice and assistance to veterans and spouses of deceased veterans. Attorneys get to volunteer in their practice areas and make a lasting impact on the lives of those who cannot afford legal services. If you’re looking for a reason to give your time, read what one of our regular volunteers and two veterans who were recently assisted have to say about TLTV. “I volunteer because I value the veterans’ military service and believe they merit access to justice.” —John Corbin, Law Office of John J. Corbin
August Remote Clinic Volunteers Thank you to those attorneys who have accepted a case for pro bono representation in the last two months!
CASE ACCEPTING ATTORNEYS
“I would recommend TLTV to other veterans because they made me feel like I am being heard.” —Army Veteran July Remote Clinic Volunteers “I would recommend TLTV in a heartbeat! I loved the professionalism they have and the quick response to my inquiry.” —Marines Veteran
Ken Adair
McKenzie Coe
John Corbin
Jonathan Fox
George Muckleroy
Harris, Finley & Bogle, P.C. Seltzer & Dally, PLLC
Law Office of John J. Corbin
There are many ways to get involved with TLTV remotely with the clinics or in-person by taking on a case. Thank you to all the attorneys that assisted with our remote clinics in July and August.
ATTORNEYS ASSISTING WITH REMOTE CLINIC* Ola Campbell John Corbin Jonathan Fox Ndidi Gbulie Wendy Hart Dale Heisch
Sam Johndroe John Johnson Deborah Krane Spencer Mainka Jason Miller David Pritchard
Martin Rechnitzer Lynn Rodriguez Karon Rowden Melissa Sircar Ethel Steele George White
*as of August 13, 2021
Bobbie Edmonds Law Office of Bobbie Edmonds
The Law Office of Jonathan W. Fox,
Sheats & Muckleroy, LLP
Looking for ways you can support TLTV but unable to volunteer? CONSIDER SPONSORING A REMOTE OR IN-PERSON CLINIC! Martin Rechnitzer Lovelace Law, P.C.
Contact kayla@tarrantbar.org for more details.
OCTOBER 2021
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. . . AND NOW A WORD FROM OUR SECTIONS
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he Tarrant County Bar Association has eighteen (18) sections consisting of members with similar professional interests. Each section plans and holds an average of eight meetings a year and elects its own officers. Section meetings afford opportunities for interprofessional liaison as well as specialized continuing legal education. If you have renewed your dues and included your section dues, you will
begin receiving notices about upcoming events. This is a good way to get CLE credit and network with others in your area of law, all during the workday. If you are interested in joining a section, login to your MyTCBA portal and update your subscriptions. Have questions about joining a TCBA section? Contact Lauren St. Clair at laurensc@tarrantbar.org.
Alternative Dispute Resolution Section Chair: Dan Paret Brown Pruitt Wambsganss Dean Forman & Moore, P.C. 817.338.4888 dparet@brownpruitt.com Dues: $25
Corporate Counsel Section Chair: Claudine Jackson Phelps Dunbar LLP 817.386.1188 claudine.jackson@phelps.com Dues: $20
Appellate Law Section Chair: Jeanette Strange Fifth Court of Appeals Dues: $25
Criminal Law Section Chair: Brad Clark The Clark Firm, P.C. 817.332.7739 brad@texasclarkfirm.com Dues: $15
Bankruptcy Law Section Chair: Robbie Clarke Bond Ellis Eppich Schafer Jones, LLP 817.529.2861 robbie.clarke@bondsellis.com Dues: $50
Energy Law Section Chair: Amber James The James Firm, PLLC 432.889.8108 amberjames@wtxlaw.com Dues: $25
Business Litigation Section Chair: Brian Singleterry U.S. District Court 817.682.6284 brian.singleterry@gmail.com Dues: $30
Environmental Law Section Chair: Stephen Tatum Tatum Clay, PLLC 817.713.9492 stephen@tatumclay.com Dues: $15
Collaborative Law Section Chair: Lauren Duffer Gaydos Duffer, P.C. 817.548.5643 lauren@gaydosduffer.com Dues: $20
Fort Worth Business & Estate Section Chair: Lindsay Daniel Bank of Texas 817.348.5714 ldaniel@bokf.com Dues: $45
Construction Law Section Chair: Joe Tolbert Bracket & Ellis, P.C. 817.338.1700 jtolbert@belaw.com Dues: $30
Intellectual Property Law Section Chair: Jeff Slattery Texas A&M University School of Law 817.212.4051 jslattery@law.tamu.edu Dues: $25
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International & Immigration Law Section Dues: $20
Labor & Employment Law Section Chair: Rob Hudson Stoy Law Group, PLLC 817.820.0100 jr@hsjustice.com Dues: $20
Real Estate Section Chair: Jessica Sangsvang Oncor Electric Delivery Company LLC 817.215.5563 jessica.sangsvang@oncor.com Dues: $15
Solo & Small Firm Section Co-Chair: Antoinette Bone The Law Office of Antoinette Bone, PLLC 817.462.5454 info@abonelaw.com Dues: $20
Solo & Small Firm Section Co-Chair: Jack Walters The Joeckel Law Office 817.924.8600 jack@joeckellaw.com Dues: $20
Tax & Estate Planning Section Chair: Kathy Roux Law Office of Kathy Roux 817.874.8877 kathy@kathyrouxlaw.com Dues: $35
Women Attorneys Section Chair: Kelly Decker Decker Poole, PLLC 817.348.9060 kelly@deckerpoole.com Dues: $30
LegalLine Legal Looking for a Simple Way to Make a Difference ?
“LegalLine allowed me to ask an expert about my choices on a legal issue in the comfort of my own home. The attorney who helped me was exceptional. He listened to my concerns and was patient with my questions. Thank you.” —LegalLine Participant “LegalLine is a great help. Thank you for providing this help free of charge!” —LegalLine Participant “The attorney was kind, respectful, professional, and very informational. She listened well and was very helpful with giving information that I hadn’t even considered before the call!” —LegalLine Participant These quotes share what some of the over 900 people assisted in 2021 have to say about LegalLine, an excellent way to volunteer and make a difference! LegalLine occurs every 2nd and 4th Thursday night from 5 p.m. to 7 p.m. Attorneys speak with people needing assistance in their practice area(s). Thank you to the attorneys that have volunteered in the last two months. If you want to know more about volunteering, email carolina@tarrantbar.org. g
LEGALLINE VOLUNTEERS* Ademola Akande Bryce King Sue Allen Cynthia Maragoudakis Michael Appleman Michael McBride Nick Bettinger Collin McLaughlin Julie Camacho David Pritchard Ola Campbell Albert Roberts John you Corbin Lynn Rodriguez Thank to each attorney volunteer! Eleonora Esparza Karon Rowden Joshua Graham Melissa Sircar Linda Gregory *as of August 13, 2021
Upcoming LegalLine Dates • October 14, 2021 • October 28, 2021
• November 11, 2021 • December 9, 2021
OCTOBER 2021
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Tarrant County Volunteer Attorney Services
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Summer Guardianship Clinic Aids Low-Income Residents of Tarrant County
VAS joined with the Medical-Legal Partnership of MHMR-Tarrant County and Legal Aid of NorthWest Texas (MLP) to host the second TVAS Guardianship Clinic on August 10. Leading up to the clinic, a four-hour CLE was conducted over two days. This webinar included Judge Allen, Judge Ponder, court investigators, and leading experts in the community. An additional two-hour CLE, A Checklist to Guardianship, was presented by Dana Zachry to train the volunteers for the clinic in best practices for their guardianship cases. Twelve clients are receiving assistance from pro bono attorneys, mentors, and translators. These low-income clients otherwise may not have been able to move forward with the guardianship due to language barriers, lack of resources, or attorney’s fees. This clinic collaboration has been a team effort. If you have an idea for future partnerships or clinics for TVAS or would like to get involved, email kayla@tarrantbar.org. Thank you to the volunteers that assisted with the August LANWT/TVAS Guardianship Clinic!
THANK YOU TO OUR AUGUST
GUARDIANSHIP CLINIC VOLUNTEERS!
ATTORNEYS Robert Blankenship Antoinette Bone Daniel Cook Chassidy Guidry Nichole Harden
Cynthia Maragoudakis Mary Perkins Melissa Sircar Lauren Smith Faye Watson
ATTORNEY MENTORS Cary Schroeder Julia Sladek
Corey Williams
TRANSLATORS Ninfa Cruz Monica Esparza
Emily Flinchpaugh Abby Garcia OCTOBER 2021
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Tarrant County Bar Association 2021-2022 Committees
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he Tarrant County Bar Association has several committees that hold a variety of events throughout the year. If you are interested in joining a committee, please contact the committee chair of your choice, or contact Kayla Dailey at 817.338.4092 or kayla@tarrantbar.org for more information. Bench Bar Conference Co-Chair: Cynthia Gustafson Tarrant County Criminal District Attorney’s Office 817.884.1623 clgustafson@tarrantcountytx.gov Bench Bar Conference Co-Chair: Danielle Reagan Wilson, White & Doby, LLP 817.820.3100 danielle@wilson-white.com CLE Seminars Co-Chair: Derek Carson Cantey Hanger LLP 817.877.2800 dcarson@canteyhanger.com
CLE Seminars Co-Chair: Albert Roberts Albert Roberts Law, PLLC 817.653.7115 albertrobertslaw@outlook.com
Editorial/Bar Bulletin Editors Elizabeth Banda Tarrant County Bar Association elizabeth@tarrantbar.org
Fee Arbitration Tracy Card Tarrant County Bar Association tracy@tarrantbar.org
Election Chair: Angel Williams Tarrant County Criminal District Attorney’s Office 817.680.8930 agwilliams@tarrantcountytx.gov Judicial Evaluations & Polls Chair: Mary Barkley Cantey Hanger LLP 817.877.2889 mbarkley@canteyhanger.com
Lawyer Referral & Information Service Carolina Ibarra Tarrant County Bar Association carolina@tarrantbar.org Membership Chair: Michael McBride J. Michael McBride, P.C. 817.877.1824 jmm@mcbridelegal.com
50-Year Lawyers Chair: Tom E. Hill Gardner Smith & Hill, PLLC 817.336.3600 tom@gardnersmithhill.com
Law Day Professionalism Award Chair: Preston Mundt Kelly Hart & Hallman LLP 817.878.9379 preston.mundt@kellyhart.com
Diversity Program Chair: Harrison Smith Schmoyer Reinhard LLP 817.896.7543 hsmith@sr-llp.com
Law Day Silver Gavel Award Chair: Hugh Connor Kelly Hart & Hallman LLP 817.878.3551 hugh.connor@kellyhart.com
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Wellness Connections Chair: Julie Sladek Guardianship Services, Inc. 817.921.0499 jsladek@guardianshipservices.org
Tarrant County Volunteer Attorney Services Co-Chair: Josh Ross Cantey Hanger LLP 817.877.2800 jross@canteyhanger.com
Women in the Law Chair: Sharon Fulgham Fulgham Law Firm, P.C. 817.697.4400 sharon@fulghamlaw.com
Tarrant County Volunteer Attorney Services Co-Chair: Trisha Klement Datamars Livestock 580.775.5090 graphiczpoke@gmail.com
Blood Drive Chair: Marcus Marsden The Colaneri Firm, P.C. 817.640.1588 marcus@colanerifirm.com
Texas Lawyers for Texas Veterans Chair: Melissa Sircar Sircar Law Office 817.484.5000 sircarlaw@aol.com
Food Drive Tracy Card Tarrant County Bar Association tracy@tarrantbar.org
Transition to Practice/Mentor Program Chair: Jessica Sangsvang Oncor Electric Delivery Company LLC 817.215.5563 jessica.sangsvang@oncor.com
Elder Law Chair: Kathy Roux Law Office of Kathy Roux 817.874.8877 kathy@kathyrouxlaw.com
LegalLine Chair: Nick Bettinger McDonald Sanders, P.C. 817.336.8651 nickb@mcdonaldlaw.com
National Adoption Day Chair: Whitney Vaughn Gardner Smith & Hill, PLLC 817.336.3600 whitney@gardnersmithlaw.com
People’s Law School Chair: Drew Williamson KoonsFuller, P.C. 817.332.2703 dwilliamson@koonsfuller.com
Law & Civics Chair: Heather King KoonsFuller, P.C. 817.481.2710 heather@koonsfuller.com
Court Staff Appreciation/CC Seminar Chair: Amanda Roark The Barrows Firm, P.C. 817.481.1583 amanda@barrowsfirm.com
Holiday Party Chair: Kimberly Stoner Texas A&M University, School of Law, Legal Clinics - Medical Legal Partnership 817.212.3875 kstoner@mlp.law.tamu.edu
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OCTOBER 2021
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Welcome New Members of the TCBA: ATTORNEYS
Alexander Antonio Brittany Brantley Karen Bryson Ester Torres Gomez Karen Gunn Melinda Hogan Rosalyn Lark Michael Livens Gunnison Matula Larry Mike II Nathan Moayyad John Passmore David Penn Geoffrey Reynolds Cody Robinette Jeremy Rucker Turner Thornton Cindy Tisdale Deborah Wakefield April Wheeler Matthew White
LAWYERS ON THE MOVE & Bourland, Wall & Wenzel would like to welcome our newest associate attorney Michael A. Livens. Mr. Livens graduated with honors from UNT Dallas School of Law and was admitted into the State Bar of Texas in 2018. His practice focuses primarily on Estate Planning and Probate. Mr. Livens also has experience in real estate and elder law. Mr. Livens can be reached at 301 Commerce Street Suite 1500, Fort Worth, TX 76102, 817.877.1088. Schmoyer Reinhard is pleased to announce Harrison M. Smith has joined the firm as counsel in our Fort Worth office.
in the News
stitutions in all aspects of labor and employment law and nonprofit law. Mr. Smith is also a trusted advisor to a diverse group of faith-based organizations and institutional nonprofits, including churches, denominations, parachurch ministries, schools, hospitals and other healthcare organizations, public benefit corporations and social enterprises. Mr. Smith is a graduate of Baylor University (B.A. 2009) and Howard University School of Law (J.D. 2012), where he served as a staff editor of the Howard Law Journal. g
If you are a TCBA member and would like to place an announcement in the Bar Bulletin, we would like to hear from you.
Mr. Smith’s practice focuses on representation of private employers, nonprofit organizations, and religious in-
Please submit information by email to elizabeth@tarrantbar.org.
MEMBERSHIP REPORT
By Lauren St. Clair, Membership Director
ASSOCIATES
Bill Leonard
STUDENTS
Renew Your TCBA Membership!
Adia Caviness Michael Collier Rashid Eldoma hile it seems hard to believe due to the Texas heat, Summer is coming to Devon Espinozaa close and making way for Fall. With Fontenot the new season, we’re turning over a new leaf here Cathryn Hansel Amber Hernandez at the TCBA with a mix of both virtual and inperson events and section meetings. Whether Anna Isbell it’s through Zoom or face-face, we’re still hard at Sean Keller work to ensure the bar is your resource to stay Recer Laney connected and informed within the Tarrant County Maitlyn Lydahl legal community. As committees and sections are busy planning, Roman Madoerin Nathaniel Mallory now is the best time to get involved with the TCBA. To join a section, simply login to your Morgan Miller MyTCBA portal and update your subscriptions. Lucas Mylet If you are interested in joining a committee, Peyton Retzloff you can fill out the committee volunteer form at Hayden Stoeber www.tarrantbar.org/CommitteeVolunteerForm. Sarah Williams If you have any questions about joining a TCBA 26 www.tarrantbar.org OCTOBER 2021
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section or committee, please feel free to contact me at laurensc@tarrantbar.org. The 2021–2022 TCBA bar year began on July 1, and we appreciate your continued support of the Tarrant County Bar Association. If you have not already renewed your membership, be sure to complete your renewal soon in order to stay connected and continue taking advantage of TCBA member-exclusive benefits. Don’t forget—TCBA members have access to free and reduced-rate CLE, 24/7 access to our CLE on Demand catalogue, exclusive networking opportunities, and legal news and updates through weekly emails and the Bar Bulletin. If you are unsure of your current membership status, please send me an email at laurensc@tarrantbar.org and I would be happy to help. g
IN MEMORIAM Toby Ray Goodman 1948–2021
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oby Goodman, 72, of Mansfield, TX passed away peacefully on Sunday, July 18, 2021. Toby was born in Wichita Falls, TX on November 2, 1948. He was the first born of Dobbie and Johnnie Goodman’s five children. Toby grew up in Wichita Falls and after graduating from Hirschi High School in 1967, he attended TCU, earning his B.A. in 1971. He then continued his education at Baylor University, earning his J.D. in 1974. Toby’s long and distinguished law career began in 1974 as a City of Arlington Assistant Attorney. In 1977 he left the City Attorney’s office to enter into private practice as a family lawyer, an area that he continued to work in until his passing. During his law career, Toby served as Director for both the Tarrant County Family Bar Association and the Arlington Bar Association. Toby also had a long and distinguished career as a public servant that began with his service as an Adjunct Professor at UTA from 1974 to 1984. Toby faithfully served the cities of Arlington and Mansfield as state representative for District 93 from 1991 through 2007. His substantial legislative accomplishments reflect his intellect and work ethic, as well as the respect he enjoyed among his colleagues. He was loved for his sense of fairness and world class sense of humor. He was a pioneer in juvenile justice reform, working to rewrite the code in 1995. These changes were considered landmark and have been used as a model around the country. He was a tireless advocate for Family Law in the legislature, rewriting much of the Family Code. Toby was a steadfast advocate for the City of Arlington and the City of Mansfield. While in the Texas Capitol, Toby fought for more support for UTA from
the UT System to become a Tier 1 institution, increased support for development and research, secured funding for the ERB building, and in 2004 was named a UTA Honorary Distinguished Alumni. During his tenure as state representative, Mr. Goodman served on numerous committees and taskforces. Among some of these committees, he served as Tarrant County Civil Justice Task Force chairman, House Committee on Juvenile Justice and Family Issues chairman and vice chairman, Governor’s Juvenile Justice Taskforce chairman and Attorney General’s School Violence Task Force chairman. Mr. Goodman’s numerous honors include being named among the Ten Best Legislators by Texas Monthly, Ten Best Legislators in the Family Law Section from the State Bar of Texas, Legislator of the Year by the National Child Support Enforcement Association, Legislator of the Year by the Texas Council of Child Welfare Boards and a Tarrant County Family Law Bar Association Certificate of Distinction. Toby was known for his love of TCU football, his contagious laugh, traveling, fine dining, researching history (particularly Biblical history), devotion to family, telling stories and for taking care of people. Nothing gave him more pleasure than helping people. Toby was preceded in death by mother, Dobbie Goodman; father, Johnnie Goodman; brother, Mike Goodman, and former wife Lissa Latigo. He is survived by his wife of 38 years, Gloria; children, Brian, Lauri and Christie Goodman; sister, DeDe Goodman; brothers, Gary and Joe Goodman; grandchildren, Kaleigh and Abbie Goodman, Jordan and Jackson Dismang, and a multitude of nieces, nephews and cousins. g Published by Star-Telegram on July 21, 2021.
Aaron Lee Benter 1978–2021
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kind and generous spirit was taken from this earth far too early on Aug. 1, 2021. Aaron Lee Benter, 42 was reunited with beloved friends and family after a short battle with an illness. Aaron was born Nov. 1, 1978 in Cedar Rapids, Iowa. She graduated from Jefferson High School and received her degree from the University of Iowa in Iowa City, Iowa. She
relocated to Fort Worth, Texas to attend law school at Texas Wesleyan. After graduation she practiced family law at Stanton & Taylor law firm, Marx, Altman & Johnson law firm and most recently at the Law office of Elizabeth Parmer. Aaron cared about each of her clients and fought tirelessly. Aaron was well respected in the legal community. Family was the most important thing in Aaron's life. Her fur babies Dexter and Dixie were the light of her life along OCTOBER 2021 TCBA BULLETIN 27
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with her beloved nephews. Aaron is survived by her mother, Penny (Crawford, Benter) Hubbard; stepfather, Steven Hubbard; brother, Shea (Christiana) Benter; special bonus sister, Betty Budd; stepbrothers, Justice Hubbard and Steven L. Hubbard; stepsister, Kimberly Hubbard; and nephews, Harvey and Owen Benter; special friend, Steven Esquivel; and many aunts, uncles and cousins. Aaron was preceded in death by her father, David Benter;
grandfather, Robert Crawford; grandmothers, Shirley Crawford and Constance Pilcher; stepbrother, Christopher Hubbard; and her beloved Shar Pei dog, Tuff. There are no words to describe how much she will always be loved and missed. She will live on in the memories of all lives she has touched. g Published on Greenwood Funeral Homes and Cremation website.
Ramsay Hill Slugg 1953–2021
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amsay was born in Hamilton, Ohio on May 7th, 1953 to Roger and Ellen Slugg, and spent the majority of his childhood in Mansfield, Ohio. He received his Juris Doctorate degree from The Ohio State University College of Law, and his undergraduate degree in history from Wittenberg University. Ramsay began his career practicing law in 1978, and moved to Fort Worth, Texas in 1981. He was a partner at the law firm Gandy, Michener, Swindle, Whitaker & Pratt, where he specialized in corporate, securities, and tax law for over 11 years. He joined Bank of America in 1993 and held a number of different leadership positions. Most recently, and for 14 years, Ramsay was a Managing Director in the National Wealth Strategies group within the Chief Investment Office. He also served as the national head of art planning for the Bank of America Private Bank Art Services group. Ramsay was influential in the trusts and estates community. He held leadership positions in the American Bar Association and local Texas Bar. He was an active member of the prestigious American College of Trust and Estate Counsel, and was most recently elected to the National Association of Estate Planners
& Councils’ Estate Planning Hall of Fame. He authored the book Handbook of Practical Planning for Artists, Art Collectors and Their Advisors, Second Edition, published by the American Bar Association. He also taught as an adjunct law professor at Texas Christian University for 15 years, and at Texas Wesleyan University College of Law. Ramsay was an instrumental figure in the Fort Worth community. He served on the boards of directors of All Saints Episcopal School, Casa Manana, Boy Scouts of America Longhorn Council, and the All Saints Episcopal Church Vestry. The family asks that friends consider memorials to the Union Gospel Mission of Tarrant County; North Central Texas Academy (formerly Happy Hill Farm); and Hope Farm, Inc. Ramsay was passionate about service, particularly in his local community, where his enthusiasm and impact will be felt for many years to come. Ramsay is survived by his daughter, Ellen; son, Byron; stepdaughter, Elliott Ross Weinman; his former spouse of 26 years, Rebecca Ann Pope; and his siblings, Roger, Robert, and Linda Slugg Srozynski. g Published by Star-Telegram from August 8 to August 11, 2021.
Steven Weinberg 1942–2021
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teven Michael Weinberg of Colleyville, Texas, passed away on August 20, 2021 in Edwards, Colorado. A Renaissance Man devoted to his family, Steve loved golfing, hunting and fishing, skiing, piloting, making his famous pies, and learning about anything new. His affinity 28 www.tarrantbar.org OCTOBER 2021
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for 50’s music endured from his early days as a disc jockey and he never met a microphone he didn't love, taking every chance he could to sing bass on “Proud Mary” or tell jokes that never ceased to amuse him. He was born on December 4, 1942 in Fort Benning, Georgia to Harry and Evelyn (Waxenberg) Weinberg. He
IN MEMORIAM was preceded in death by his parents and his brother, Gary Weinberg. Steve was a precocious learner with a brilliant mind that retained every detail. After graduating high school in Davenport, Iowa in 1960, Steve enrolled at the University of Oklahoma, earned his M.D. from the University of Iowa, and trained at UT Southwestern Medical Center. After successfully practicing as a general surgeon, Steve began his second career as an attorney, studying abroad at Oxford and earning his law degree from SMU. He also taught at Tarrant County College and worked in real estate development, oil and gas, ranching and private equity. Steve served in the U.S. Air Force as Chief of Surgical Services at Ramey AFB, as the Associate Director and Medical Director of the Peace Corps, and on the TX Alcohol and Beverage Commission. He was a long-time church member in TX and Colorado, including First Baptist Euless and First
Colleyville, and he made mission trips to Honduras, Haiti, and Africa. Steve was a Rotarian and past President of the Hurst, Euless, Bedford Rotary Club, a devout philanthropist, and a member of the State Republican Executive Committee. Steve is survived by his beautiful wife of almost 40 years, Vicki (Smith) Weinberg of Colleyville, TX; his three children, Michael Weinberg of Albuquerque, NM, Shannon Kinney (Cooper) of Houston, TX, and Joshua Weinberg (Tricia) of Memphis, TN; his grandchildren, Ella and Ava May Weinberg, Collins and Hudson Kinney and Campbell and Cobbs Weinberg; and his beloved dog Cici. Spending time with family was Steve’s highest priority, whether telling corny “Papa” jokes or bringing everyone together for far-flung adventures. Steve lived his life following his father-in-law’s mission to always leave the woodpile higher than you found it. g Published by Star-Telegram from August 26 to August 29, 2021.
Coffee with the Judges and
Portrait Viewing for
Former Chief Justice Terrie Livingston
OCTOBER 2021
▪ TCBA BULLETIN 29
Member Benefits Vendor List
Bar Bulletin ▪ October 2021 Tarrant County Bar Association TCBA members may take advantage of discounts 1315 Calhoun Street provided by the following vendors: Fort Worth, TX 76102-6504 AMO Office Supply offers TCBA members the lowest ADDRESS SERVICE REQUESTED
PRESORTED STANDARD U. S. POSTAGE PAID FORT WORTH, TX
price guaranteed on office supplies, with next-day delivery and free shipping! Call 800.420.6421.
PERMIT 1807
Falcon Document Solutions, provides quick, efficient and reliable process service, doument scanning, printing, copying and electronic discovery, litigation displays and trial boards. We are available 24 hours 7 days a week at 817.870.0330 or at www.falcondocs.com. Discounts available to TCBA Membership. Fort Worth JSB Co., Inc., offers a 10% discount to TCBA members on printed material - business cards, letterhead, envelopes, business forms, brochures, flyers, and more. For a quote, call 817.577.0572. Fort Worth Zoo discount tickets - $13.00 adult, $10 for child or senior. For tickets, contact anne@tarrantbar.org or 817.338.4092. For IT Help: Juris Fabrilis - Cool Tools for Lawyers offers members discounted rates on web-based tools to help you manage your law practice. 817.481.1573 ext. 101. For Shredding and Document Disposal: Magic Shred is a secure shredding business that shreds your documents on-site. Magic Shred offers a 10% discount to TCBA members. Call 940.783.6580 for details. Thomson Reuters Exclusive TCBA offer of 15% off new Westlaw subscriptions or upgrades to current subscriptions*, including our latest AI enhanced platform, Westlaw Edge. Please contact your local Account Executive, Ben Galloway, for more information: Ben.Galloway@TR.com. *Restrictions apply, please contact your AE for details. g
Advertisers' Index Bailey & Galyen.............................................8, 16, 25 Deborah Adame.......................................................9 Edward Jones..........................................................15 Law Offices of Steven C. Laird, P.C...Inside Front Cover LawPay...............................................................20 Parker Law Firm.....................................................24 Texas Lawyers’ Insurance Exchange..........................9 The Shaken Baby Alliance.........................................7
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