Dallas Bar Association
HEADNOTES
April 2009
Volume 33
Number 4
2009 Law Day:
Celebrating a
Legacy of Liberty
by Susan Kravik
R
emarking on the bicentennial of Abraham
Lincoln’s birth, President Barack Obama
said, “We are far less divided than in
Lincoln’s day,” but “we are once again
debating the critical issues of our time. Let us
remember that we are doing so as servants to the
same flag, as representatives of the same people,
and as stakeholders in a common future. That is
the most fitting tribute we can pay and the most
lasting monument we can build to that most
remarkable of men, Abraham Lincoln.”
The 2009 American Bar Association’s
Law Day theme – A
Legacy of Liberty
– marks the 200th
birthday of Abraham
Lincoln. According
to the ABA, Lincoln
is “regarded by many
as our nation’s greatest and most eloquent
president. Lincoln,
who devoted much
Valerie Caproni
of his adult life to
the practice of law, was the quintessential American lawyer-president. His background in the law
informed both his actions and his oratory.”
The Dallas Bar Association will celebrate “A
Legacy of Liberty” on Friday, May 1, by welcoming luncheon speaker Valerie E. Caproni, general
counsel for the Federal Bureau of Investigation.
Ms. Caproni obtained her law degree summa cum
laude from the University of Georgia in 1979.
While in law school, she served on the Georgia Law Review, was the winner of the Russell
and Talmadge Moot Court competitions and was
inducted into the Order of the Coif.
Ms. Caproni has had a fascinating legal
career. Following graduation, she clerked for the
Hon. Phyllis Kravitch, U.S. Court of Appeals for
the Eleventh Circuit. She then spent five years
as litigation associate with Cravath, Swaine &
Moore in New York City, worked four years as
an assistant U.S. attorney in the Criminal Division of the United States Attorney’s Office, Eastern District of New York, and spent three years
as general counsel of the New York State Urban
Development Corporation.
She then returned to the U.S. Attorney’s
Office in 1992, serving as chief of special prosecutions and chief of the Organized Crime and
Racketeering Section before becoming chief of
the Criminal Division. In 1998, Ms. Caproni
became the regional director of the Pacific
Regional Office of the SEC, and in 2001, joined
the law firm of Simpson Thacher & Bartlett,
specializing in white-collar criminal defense and
SEC enforcement actions. In August 2003, she
See law day, page 13
Focus Appellate Law
High School Mock Trial Students
Are 'Fired' Up About the Law
by Darlene Hutchinson Biehl
I
s Bo Tyde guilty of arson? Bo’s company
was floundering, and Bo recently
increased the fire insurance policy on
the office building that went up in
flames. Bo’s college buddy Howie Burns
was killed in the blaze, and the fire chief
determined that a liquid accelerant was
indeed used to start the fire.
These and other “fictitious facts” were
examined and argued by 2,000 students
statewide who have participated in the
High School Mock Trial Competition
since last fall.
Students at nearly 150 schools scrutinized witness statements and exhibits, as Skyline High School of Dallas emerged as the winner of the 30th Annual Texas High School
24 teams advanced to the 30th Annual
Mock Trial Competition in March. The team and coaches are pictured here with DBA PresiTexas High School Mock Trial Comdent Christina Melton Crain (front row on right); Committee Co-Chairs Hon. Lana Myers
petition held in Dallas in March. After
four rounds at the Frank Crowley Courts and Steve Gwinn (back row on left); and U.S. District Judge Barbara M.G. Lynn (far right),
Building, the final championship round who presided over the final round.
was held at the federal courthouse, preSchool Mock Trial Championship in Atlanta next month.
sided over by U.S. District Judge Barbara M.G. Lynn.
It is the first time in 19 years that a Dallas ISD school won
But even more important than the imaginary inferno the competition.
at Bo Tyde’s office, is the fact that students gain a deeper
Coming in second place was Americas High School of
understanding of the law and judicial process, as they also El Paso, and third-place trophies and scholarships were predevelop their critical thinking and communication skills.
sented to Hillcrest High School of Dallas and Highlands
Skyline High School of Dallas prevailed in the champisee students, page 12
onship round and will represent Texas at the National High
George Bramblett to Receive Justinian
Award From Dallas Lawyers Auxiliary
by Mary Lee Cox
W
ill Rogers never met a man he didn’t like, and
George Bramblett never met a man that didn’t
like him!
“A gentleman” — that’s the first response
given by friends and colleagues when George Bramblett’s
name is mentioned.
The Dallas Lawyers Auxiliary is pleased to announce
George W. Bramblett Jr. as the 2009 Justinian Award recipient. The award is presented annually to a DBA member
who has actively demonstrated a long-standing dedication
to volunteer service in the Dallas community. George’s
commitment to the legal profession since receiving his
J.D. from Southern Methodist University, as well as his
B. A ., has been a most commendable rise to the top.
George Bramblett is a partner and trial lawyer at
Haynes and Boone, L.L.P., a 450-member civil practice
law firm. He is a frequent CLE speaker and has written extensively on courtroom procedures. He has had
an extensive and diverse trial practice for more than 30
years. He has been recognized for 10 years as one of The
Best Lawyers in America. To his credit, he has successfully represented many high-profile engagements.
George was actually born in Dallas, but his family moved
to El Dorado, Ark., during his junior high school days, and
he graduated from El Dorado High School, where he is
remembered as being the “Best Disc Jockey in Town.”
His father, George Walter Sr., was in the cemetery
Inside
7 Appellate Tips for Trial Attorneys
8 Superseding and Enforcing Judgments
16 Confidentiality vs. The Wrongly Convicted
business, and his mother, Nell
Tarwater, was a homemaker.
They set good examples for
George and his siblings, twins
Eugene and JoAnn. Brother
Eugene is a successful trial lawyer in Camden, Ark.; and sister
JoAnn Jones, is a homemaker,
who lives in El Dorado, Ark.
George met his wife, Pedie,
on a blind date when he was
a young lawyer, and that date
George Bramblett
led to 40 wonderful years of
marriage, and three children:
daughter Faerol Leachman Wiedman, who lives in Minneapolis, Minn., with husband, John Wiedman, and their
three children -- John, David and Matthew. John works
at Northland Securities, and Faerol is a homemaker. Son
George III, of Dallas, is a general contractor; and son
Graham Laws, lives in Nashville, Tenn., and is a musician and songwriter.
George Bramblett has always been a “man on the go”
from the time he was captain of the National Moot Court
Team when he was at SMU School of Law; to leadership positions as a fellow of the American College of Trial
Lawyers; past chair of the Texas State Committee; fellow
of the American Board of Trial Advocates, and past president of the Dallas Chapter; fellow of the International
see justinian, page 13
2 He a d n o t e s l D a l l a s B a r A s s o c iation Calendar
A pri l 2009
April Events
WEDNESDAY, APRIL 1
Noon
Employee Benefits/Executive
Compensation
“Labor and Benefits Lawyers: Brothers
and Sisters in Arms,” Stuart Johnston.
(MCLE 1.00)*
Solo & Small Firm Section
“10 Documents to File in Trial Court
to Preserve Error for Appeal,” Chad M.
Ruback. (MCLE 1.00)*
Public Forum Committee
DAYL Environmental Awareness
Committee
5 p.m.
Tort & Insurance Practice Section
Insurance Basics Boot Camp. Speakers:
Linda M. Dedman, Micah Skidmore and
Hon. Paul Stickney. (MCLE 2.00, including
.5 Ethics)*
5 p.m.
Bankruptcy & Commercial Law Section
“What Can Historians Tell Us About
Recurrent Credit Crises & Bankruptcy,”
Josiah Daniel. (MCLE 1.00)*
THURSDAY, APRIL 2
8:45 a.m.
Dallas Minority Attorney Program. For more
information, contact Alicia Hernandez at
AHernandez@dallasbar.org. (MCLE 7.0)*
Noon Construction Law Section
“Obstacles in Developing Domestic
Energy Infrastructure,” Brett Lamb.
(MCLE 1.00)*
Judiciary Committee
Family Law Section Board
St. Thomas More Society
DAYL CLE Committee
FRIDAY, APRIL 3
Noon
Friday Clinic – Belo
“Workforce Reductions and Plant Closings:
Planning, Implementation and Getting It
Right,” Arlene Switzer Steinfield.
(MCLE 1.00)*
DAYL Foundation Board of Trustees
Tax Section
“Hot Topics in International Tax,”
Melinda R. Phelan. (MCLE 1.00)*
Golf Tournament Committee
Peer Assistance Committee
5:30 p.m.
Bar None Auditions. Annual variety show in
June includes skits and songs poking fun at
lawyers, the law and current events, and
benefits the Sarah T. Hughes Diversity
Scholarships at SMU Dedman School of
Law. For more information, contact
mhardwick@shacklaw.net.
6 p.m.
DAYL Board
TUESDAY, APRIL 7
Noon Corporate Counsel Section
“How to Help Your Clients Reduce
Financial Services Costs, Including
Investment Banking Expenses,” Russ
Coleman. (MCLE 1.00)*
Tort & Insurance Practice Section
“Digging the Dirt Without Getting Buried
– Private Investigators and the Internet,”
Noah Wexler, Ken Lybrand, Danny K.
Williams and Jack Driscoll. (MCLE 1.00,
including .5 Ethics)*
Morris Harrell Professionalism Committee
Friday Clinics
Friday, April 3 – Belo Mansion
Noon Noon Trial Skills Section
“How to Handle a Newsworthy Case:
Ethical and Press Perspectives,” Jeff
Brady and Barry Sorrels. (Ethics 1.00)*
CLE Committee
House Committee
DAYL Judiciary Committee
5:15 p.m.
LegalLine
THURSDAY, APRIL 9
11:30 a.m.
DAYL Barrister for Babies
Noon Collaborative Law Section
“Selling the Collaborative Process to Clients and
Opposing Counsel,” Melinda Eitzen. (MCLE 1.00)*
Friday Clinic – North Dallas**
Topic & Location Not Yet Available.
Admissions & Membership Committee
Publications Committee
Speakers Committee
Dallas Asian American Bar Association
DAYL Freedom Run Committee
“What Every Young Lawyer Should Know
About TROs & Injunctions,” sponsored
by the DAYL.
6 p.m.
Intellectual Property Law Section
Bench Bar Dinner
J. L. Turner Legal Association
Topic & Location Not Yet Available.
Friday, April 17 – Belo Mansion
Family Law Section
“Taxes and Family Law,” Joel N. Crouch.
(MCLE 1.00)*
Noon “Workforce Reductions and Plant Closings: Planning, Implementation and Getting It Right,” Arlene
Switzer Steinfield. (MCLE 1.00)*
Thursday, April 9 – North Dallas**
WEDNESDAY, APRIL 8
8 a.m. 4 p.m.
6 p.m.
“Fifth Annual Federal Criminal Practice Seminar,” Panel of Speakers. Sponsored by the U.S. District Court for
the Northern District of Texas; Office of the Federal Public Defender, Northern District of Texas; Dallas Bar
Association Continuing Legal Education Committee; and the Federal Bar Association, Dallas Chapter. For
more information and registration costs, visit www.fedbar.org/dallas.html. (MCLE 7.75, including Ethics 1.00)*
DAYL Equal Access to Justice Committee
Senior Lawyers Committee
Home Project Committee
WEDNESDAY, APRIL 15
Noon Energy Law Section
“Coastal v. Garza and Its Impact on
Subsurface Trespass Issues,” Professor
Owen Anderson. (MCLE 1.00)*
Health Law Section
“Recent Health Care Labor & Unionization
Developments,” G. Roger King. (MCLE 1.00)*
Library Committee
Pro Bono Activities Committee
Sports & Entertainment Law Section Council
Christian Lawyers Fellowship
Municipal Justice Bar Association
Non-Profit Law Study Group
4:30 p.m.
5:15 p.m.
Texas General Counsel Forum
LegalLine
THURSDAY, APRIL 16
Noon
Appellate Law Section
“History of the Solicitor General’s Office,”
James C. Ho. Sponsored by the Appellate
Section and the Business Litigation Section.
(MCLE 1.00)*
Minority Participation Committee
UPL Subcommittee
Dallas Gay & Lesbian Bar Association
DBA offices closed for Good Friday.
3:30 p.m. DBA Board of Directors
MONDAY, APRIL 13
FRIDAY, APRIL 17
FRIDAY, APRIL 10
MONDAY, APRIL 6
Noon Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.
Noon Real Property Law Section
“Resolving Real Estate Disputes from a
Transactional Attorney’s Perspective,”
Jason Myers. (Ethics 1.00)*
A Public Forum on the Taxpayers’
Hotel. Speakers: Mayor Tom Leppert
and Ann Raymond. Sponsored by the
DBA Public Forum Committee. RSVP to
SEvans@dallasbar.org.
TUESDAY, APRIL 14
Noon Business Litigation Section
“The Financial Crisis: Any Good Claims
to Assert,” Terrell W. Oxford. (MCLE 1.00)*
Mergers and Acquisitions Section
“Tips From the Trenches: Recent M&A
Developments in Delaware,” Mark Morton.
(MCLE 1.00)*
Mother’s Day Brunch
At the Pavilion at the Belo Mansion
Sunday, May 10, 2009
J
oin us for a culinary tour at the beautiful Pavilion at the
Belo Mansion as you celebrate Mother’s Day. Dine in the
ballroom or on the exquisite terrace overlooking the Arts
District and enjoy complimentary champagne and mimosas.
A bountiful selection of fresh fruit, breakfast breads, chilled
seafood station, carved roasted sirloin, omelets and eggs
cooked to order, a variety of pies, bread pudding and the everpopular children’s buffet.
Serving hours from
10:30 a.m. to 2:30 p.m.
$37.50 per adult
$13.00 for children ages 6 to 12.
Garage parking available
(enter from Olive Street)
Taxes, gratuities and parking
not included in price.
Reservations required by May 7.
Call (214) 220-7470, or e-mail
LGist@DallasBar.org. Limited seating.
Sponsored by the DBA Entertainment Committee.
Friday Clinic – Belo
8 a.m.
“Fifth Annual Federal Criminal Practice
Seminar,” Panel of Speakers. Sponsored
by the United States District Court for
the Northern District of Texas; Office of
the Federal Public Defender, Northern
District of Texas; Dallas Bar Association
Continuing Legal Education Committee;
and the Federal Bar Association, Dallas
Chapter. For more information and
registration costs, visit
http://www.fedbar.org/dallas.html.
(MCLE 7.75, including Ethics 1.00)*
Noon
“Purchasing Your First Home,” sponsored
by DAYL.
MONDAY, APRIL 20
Noon Labor & Employment Law Section
“Recent Retaliation Cases,” Mark Downey.
(MCLE 1.00)*
TUESDAY, APRIL 21
Noon
Franchise & Distribution Law Section
Topic Not Yet Available.
International Law Section
“International Labor Laws,” Jordan
Cowman. (MCLE 1.00)*
Entertainment Committee
Law in the Schools and Community
Committee
DAYL Elder Law Committee
DBF Grants Committee
WEDNESDAY, APRIL 22
11:15 a.m.
Justinian Award Luncheon, honoring
George Bramblett Jr., sponsored by the
Dallas Lawyers Auxiliary. Purchase
tickets by April 15 from Therese Rourk
at thereserourk@yahoo.com.
Noon
Sports & Entertainment Law Section
“Obtaining & Maintaining a Permit to
Serve Alcoholic Beverages in Texas,”
Timothy E. Griffith, Joel D. Rich and
Robert J. Wallace. (MCLE 1.00)*
Juvenile Justice Committee
Law Day Committee
Legal Ethics Committee
THURSDAY, APRIL 23
Noon
Criminal Law Section
Topic Not Yet Available.
Environmental Law Section
“EPA Criminal Enforcement Issues,”
Cheryl Seager. (MCLE 1.00)*
Mentoring Committee
5:30 p.m.
“Weathering the Storm: Managing Your
Finances, Law Practice, Time & Stress
During the Current Economic Climate,”
Christina Melton Crain, Cindy Pladziewicz
and Lisa McKnight. Sponsored by the
Peer Assistance Committee. RSVP to
sevans@dallasbar.org. (Ethics 2.0)*
FRIDAY, APRIL 24
10 a.m.
“Parallel Paths of Domestic Violence:
A Practitioner’s Roadmap for Criminal
& Family Law Professionals,” Registration
fee is $50, or $30 for judges, students
and government attorneys. Contact
Jenny Womack at JWomack@pamlaw.
com. (MCLE 5.5)*
Noon
Intellectual Property Law Section
“IP Litigation in Canada,” R. Scott Jolliffe.
(MCLE 1.00)*
Powers of Attorney CLE, sponsored by
the Dallas Volunteer Attorney Program.
Collaborative Law Section Council
Media Relations Committee
MONDAY, APRIL 27
Noon Computer Law Section
Topic Not Yet Available.
Securities Section
“Current Trends and Developments in
Securities Arbitration,” Richard Lewins
and Sharon J. Shumway. (MCLE 1.00)*
Criminal Justice Committee
TUESDAY, APRIL 28
Noon
Probate, Trusts & Estates Section
“Texas Case Law Update,” Gerry Beyer.
(MCLE 1.00)*
Courthouse Committee
American Immigration Lawyers Association
Dallas Hispanic Bar Association
DAYL Aid to the Homeless
DVAP New Lawyer Luncheon. For more
information, contact Chris Reed-Brown
at reed-brownc@lanwt.org.
6 p.m.
DAYL Dinner & Dialogue
WEDNESDAY, APRIL 29
5 p.m.
DAYL Judicial Intern Orientation
THURSDAY, APRIL 30
No DBA meetings scheduled.
Visit www.DallasBar.org
For Updates on CLE Programs & DBA Events
If special arrangements are required for a person with disabilities to attend a particular seminar, please contact Cathy Maher at 214/220-7401 as soon as possible and no later than two business days before the seminar.
All Continuing Legal Education Programs Co-Sponsored by the DALLAS BAR FOUNDATION.
*For confirmation of State Bar of Texas MCLE approval, please call Teddi Rivas at the DBA office at 214/220-7447.
**For information on the location of this month’s North Dallas Friday Clinic, contact KTarangioli@dallasbar.org.
April 2 0 0 9 D al l as Bar A ssoci ati on l Headnotes 3
Special Mentoring Highlight
Volunteer Tutors Needed at the Juvenile Justice Center
by Darlene Hutchinson Biehl
P
aula Miller has been a Dallas lawyer for 26 years. In that time, she
has read extensively, but she never
expected to read about the construction of “low-rider” cars and bicycles, or about how to build a concrete
walkway. But if that’s what it takes to
prompt an at-risk juvenile housed at a
detention facility to read, Paula Miller
will indeed read about low-riders and
concrete.
Ms. Miller is a tutor through a volunteer program at the
Dallas County Juvenile Department. This
year, as an element of
DBA President Christina Melton Crain’s initiative of “Mentoring
the Next Generation,”
the DBA is urging more
lawyers to volunteer as
weekly tutors in hopes
of improving the lives of
juvenile delinquent students housed in
detention facilities.
“My challenge to DBA members this
year – their ‘call to action’ for 2009 – is
to get involved this year with a child,
young adult, at-risk youth or juvenile.
Make a difference in a life,” Ms. Crain
said. “In my humble opinion, there is
no profession or group of people better positioned than the members of the
Dallas Bar Association to achieve this
goal.”
The DBA Juvenile Justice Committee, which is coordinating this tutoring
initiative, is co-chaired by Ms. Miller,
Hon. Cheryl Lee Shannon, judge of
the 305th District Juvenile Court, and
David Indorf, a juvenile law attorney.
“Some of these children face
unimaginable challenges just getting by
day-to-day,” Mr. Indorf says. “As mentors, we can’t fix all that is wrong in
their lives. What we can do, though, is
offer them one thing that is sorely lacking: consistent and reliable interaction
with an adult who they feel is on their
side. I’ve seen how just a small amount
of time can change the way a child
views the world.”
Ms. Miller has tutored
various students over the
years and emphasizes
how important it is to
a child to have a caring
adult – especially a professional – make time for
them and show they care
whether the child succeeds or not.
Many of the students
tell her they “don’t like
to read,” she says, and then she asks
about their other interests because they
might like to read about those subjects
– they just don’t know it yet. Ms. Miller
and the students she has tutored have
also read books about the Titanic and
sports figures. Ms. Miller, who many
years ago got a child to do required
memorization of lines from Romeo and
Juliet by putting them to rap, believes
it is important to start with where the
children are and then build from there,
doing what it takes to get them engaged
in their education.
Many of the youth housed at the
Reminder: Vote in
State Bar Elections
Texas attorneys can vote online for State Bar president-elect, TYLA president-elect and
district directors from April 1 until 5 p.m. on April 30.
Rhonda Hunter of Dallas
and Terry Tottenham of
Austin are candidates
to become the 130th
president of the State
Bar of Texas. More
information about Ms.
Hunter is available at
www.rhondahunter.com,
and more information
Rhonda Hunter about Mr. Tottenham is
available at www.electterry.com.
Terry Tottenham
Jennifer Evans Morris and Clay Scheitzach, both of Dallas, are candidates for
president-elect of the Texas Young Lawyers Association. All licensed Texas lawyers who
are 36 years old or younger or who are in their first five years of licensure, regardless
of age, are automatically members of TYLA.
On April 1, attorneys eligible to vote will be mailed an election packet, including a
paper ballot and brochures about the president-elect candidates. The election packet
will also contain a voter access code with instructions on how to vote. Attorneys may
either submit their paper ballot via mail, or vote online. The secure system will not allow
duplicate votes.
Election results will be announced May 1. The president-elect will serve as president
of the State Bar of Texas from June 2010 until June 2011. For more information, visit
www.texasbar.com/election.
detention facilities are already several
grades behind in school when they enter
the facilities, Ms. Miller said, and that’s
where a volunteer tutor can help with
reading or math skills to augment their
formal education.
Those interested in volunteering can
obtain and complete a Dallas County
application. The process includes a
background check and interview about
the volunteer’s interests. Subsequently,
the volunteer participates in a training
program conducted by juvenile department personnel. The time commitment
is minimal – about two hours each week
– but the impact can be substantial.
At any given time, the Dallas County
Detention Center houses approximately
220 youths who have been arrested by a
police agency and charged with a criminal offense, as well as juveniles alleged
to have violated their conditions of probation. The co-ed facility is located at
2600 Lone Star Drive (five miles west of
downtown). Other detention facilities
include the Youth Village and Medlock
Treatment Center (11 miles southeast of
downtown), and the Letot Center (nine
miles northwest of downtown).
Ages of the youths range from 10 to
17, and typical cases involve charges of
underage alcohol consumption or possession, drug use, criminal mischief,
assault, truancy, trespassing, shoplifting
or theft, gang-related activities or arson.
However, volunteers are encouraged not
to talk to students about their offenses.
The focus is on learning and positive
interaction.
“It doesn’t matter what they’ve done,”
says Ms. Miller. “They’re still just kids,
and with encouragement and education,
they can grow up and make a contribution to the world around them.”
For more information about volunteering for the Juvenile Justice Tutoring
Program, contact Alicia Hernandez at
HN
ahernandez@dallasbar.org.
Darlene Hutchinson Biehl is the DBA Communications/Media
Director.
DBA Public Forum on the Taxpayers’ Hotel
SPEAKERS: Mayor Tom Leppert and Anne Raymond
Monday, April 13 ~ Noon ~ The Belo Mansion
Open to the Public. Bring Clients & Friends.
Sponsored by the Dallas Bar Association's Public Forum Committee.
RSVP to sevans@dallasbar.org.
4 He a d n o t e s l D a l l a s B a r A s s o c iation A pri l 2009
Headnotes
President's Column
Relying on the Kindness of Lawyers
by Christina Melton Crain
I can be changed by what happens to me. I refuse to be reduced
by it.
— Maya Angelou
“I
t” is the highlighted topic everywhere you turn – in
newspapers, on television and talk shows, informal
conversations at work, at the soccer game and
everywhere we go. “It” is constantly on the minds of
everyone because all have been affected by “it” in some way.
And, because of “it,” the words “stimulus,” “bailout” and
“tarp” have taken on completely new meanings for us. If you
haven’t already figured out, “it” is “the economic crisis.”
There is much uncertainty about the future, with folks
showing signs of anxiety over the status of their jobs and
how to continue to make ends meet so as to provide for their
families. The legal profession is no exception, having seen
its fair share of hard times due to the financial crisis. But it
is during such times that the true colors of our profession
show their brightest. Members of the legal profession never
shy away from helping our fellow man when in need; for,
one day, the tables could be turned and they all understand
this.
So it is during such times of uncertainty that membership
organizations such as the DBA become even more relevant.
Members want a place they can come to discuss issues they
are facing in their business and personal lives with people
that are similarly situated and can best relate.
I have already witnessed several instances of such scenarios in the past few months, and one thing is clear – our
members are not going to give up or be reduced by what
has happened to them. Our members may not like the circumstances in which they find themselves; but, being ever
resilient, they want to assure that they react in a way that is
positive and meaningful to secure their futures.
So, to assure that we at the DBA are doing all that can
to adequately assist one another, the DBA Peer Assistance
Committee (which I often refer to as the DBA Lawyers
Helping Lawyers Committee), being capably led this year
by Gaylynn Gee, Michael Hurst and Hon. Sheryl McFarlin, will be hold a seminar from 5:30 to 7:30 p.m. at Belo on
Thursday, April 23, 2009, entitled “Weathering the Storm.”
The panel of speakers will include:
n Cynthia S. Pladziewicz, Ph.D., an attorney and clinical psychologist, who will address how attorneys can best
ethically deal with the current economic climate given the
characteristics and traits possessed by the typical attorney
and how those qualities predispose attorneys to certain vulnerabilities;
n Lisa McKnight, a solo practitioner, who will speak to
law firm management during our current economic climate,
focusing on how an attorneys may need to change their strategies in billing, marketing, rainmaking, and the like; and
n Myself, speaking on effective time management as it
relates to the traits and characteristics of the typical attorney and how we all need to be ever so mindful of how we
DBA MENTORING OPPORTUNITIES
Make a difference this year!
The DBA has partnered
with Big Brothers Big
Sisters of North Texas in
2009 to mentor children
whose parents are incarcerated. To participate in the
“Amachi” program, contact Kristy Brownlow at
KBrownlow@bbbstx.org.
Volunteers are needed to tutor students confined to
the Henry Wade Juvenile Justice Center once a
week. For more information, contact Alicia Hernandez at AHernandez@dallasbar.org.
DBA members can be paired with Dallas
ISD students to mentor teenagers via
e-mail. This is an easy way to positively
affect a young person — most of whom
will be the first in their families to attend college. For
more information, visit http://www.dbamentor.org/.
Many other mentoring opportunities exist through
the DBA. For more information, contact Cathy Maher
at CMaher@dallasbar.org.
spend the time we are given.
CLE credit is being sought and you can RSVP and send
your questions about the seminar to Sherri Evans at sevans@
dallasbar.org. I hope that you will take advantage of this
great opportunity to gain helpful insight and information
that may help you or someone close to you during this challenging time in which we live.
Other helpful resources which may be useful to you or a
colleague include:
n Texas Lawyers’ Assistance Program (TLAP), which
offers 24-hour hotline assistance and crisis counseling. Call
1-800-343-TLAP (8527) or 1-512-427-1453; or visit them
online at www.texasbar.com/tlap.
n DBA Peer Assistance Committee. Contact Sherri
Evans (Committee Staff Liaison) at sevans@dallasbar.org or
214-220-7440.
In thinking about this issue and how blessed we are at
the DBA to have such incredible resources and members
with such caring hearts, I was reminded of a great writing
about angels that a friend sent me some time back.
What Do Angels Look Like?
n Like the little old lady who returned your wallet yesterday.
n Like the taxi driver who told you that your eyes light up
the world when you smile.
n Like the small child who showed you the wonder in simple things.
n Like the poor man who offered to share his lunch with
you.
n Like the rich man who showed you that it really is all
possible, if only you believe.
n Like the stranger who just happened to come along when
you had lost your way.
n Like the friend who touched your heart when you didn’t
think you had one.
Angels come in all sizes and shapes, all ages and skin
types.
n Some with freckles, some with dimples, some with
wrinkles, some without.
n They come disguised as friends, enemies, teachers, students, lovers and fools.
n They don’t take life too seriously. They travel light.
n They leave no forwarding address and they ask nothing in return.
n They are hard to find when your eyes are closed, but
when you choose to see, they are everywhere you look.
So, open your eyes and count all of your angels — for you
are truly blessed!
The DBA is here to help any member that is in need
because it is the “right” thing to do. And “doing the right
thing” is what the DBA is all about. So do not hesitate to use
the valuable resources that are available to you as a member
of this fabulous organization. We are all in this together
HN
and we will get through this as one. Weathering the Storm:
Managing Your Finances, Law Practice,
Time & Stress
During the Current Economic Climate
Thurs., April 23 „ 5:30 p.m. (Ethics 2.0)
„ The Belo Mansion „
RSVP to Sherri at SEvans@dallasbar.org
Speakers: Christina Melton Crain,
Cindy Pladziewicz and Lisa McKnight
Published by:
DALLAS BAR ASSOCIATION
2101 Ross Avenue
Dallas, Texas 75201
Phone: (214) 220-7400
Fax: (214) 220-7465
Website: www.dallasbar.org
Established 1873
The DBA’s purpose is to serve and support the legal profession
in Dallas and to promote good relations among lawyers, the
judiciary, and the community.
OFFICERS
President: Christina Melton Crain
President-Elect: Ike Vanden Eykel
First Vice President: Barry Sorrels
Second Vice President: Paul K. Stafford
Secretary-Treasurer: Bill Mateja
Immediate Past President: Frank E. Stevenson II
Directors: Jerry C. Alexander, Arthur Anthony (President,
J.L. Turner Legal Association), Kim Askew (at-large), Wm.
Frank Carroll, Rob Crain, Sally L. Crawford, Hon. Elizabeth
H. Crowder, Laura Benitez Geisler, Hon. Marty Lowy, Scott
McElhaney, Patsy Yung Micale (President, Dallas AsianAmerican Bar Association), Paul K. Stafford, Dena DeNooyer
Stroh (President, Dallas Association of Young Lawyers), Diane Sumoski, Debra K. Thomas, Christie Villarreal (President,
Dallas Hispanic Bar Association) and Brad C. Weber.
Advisory Directors: Jennifer Duncan Edgeworth (PresidentElect, Dallas Association of Young Lawyers), Karen McCloud
(President-Elect, J.L. Turner Legal Association), Jose Angel
Ortiz (President-Elect, Dallas Hispanic Bar Association) and
Hope Shimabuku (President-Elect, Dallas Asian-American
Bar Association).
Delegates, American Bar Association:
Kim J. Askew, Hon. Douglas S. Lang
Directors, State Bar of Texas: Talmage Boston, Beverly Bell
Godbey, Timothy W. Mountz, Robert R. Roby, Mark K.
Sales, Travis Vanderpool (Past Chair)
HEADNOTES
Executive Director/Executive Editor:
Catharine M. Maher
Communications / Media Director
& Headnotes Editor: Darlene Hutchinson Biehl
Calendar: Kathryn Tarangioli
In the News: Judi Smalling
Art Director: Laura E. Heymann
Graphic Designer: Frank Goodenough
Advertising: Karla Howes
PUBLICATIONS COMMITTEE
Co-Chairs: Anne Pohli, Timothy G. Ackermann and Suzanne
R. Westerheim
Vice-Chairs: Vincent J. Allen, Lea N. Clinton
Members: Natalie Arbaugh, Heather Barbieri, Barbara Boudreaux, Scott Beckman, Lance Caughfield, Paul R. Clevenger,
Christina Melton Crain, Linda Dedman, Tobey S. Elliott,
Jennifer A. Green, Floyd R. Hartley Jr., Thomas M. Hoffman,
Mary Louise Hopson, Young Jenkins, David F. Johnson, Victor Johnson, Susan P. Kravik, Thomas L. Mighell, Clay Miller,
Hon. Jim Moseley, Susan D. Nassar, Heather Bailey New, Kirk
L. Pittard, Irina B. Plumlee, Christopher A. Robison, Bryon L.
Romine, Kathy E. Roux, Gregory W. Sampson, Barry Sorrels,
Paul K. Stafford, Scott B. Stahl, Holland A. Sullivan, J. Allen
Sullivan, Claire Swann, Sherry L. Talton, Debra K. Thomas,
Edith Miller Thomas, Mark Toronjo, Ike Vanden Eykel, Paul
Watler, Jenna P. Wright and Paul F. Wright.
DBA & DBF STAFF
Executive Director: Catharine M. Maher
Accounting Assistant: Shawna Bush
Communications / Media Director:
Darlene Hutchinson Biehl
Controller: Sherri Evans
Director of Community Services:
Alicia Hernandez
Events Coordinator: Rhonda Thornton
Assistant to the Executive Director:
Brandi Thayer
Law-Related Education & Programs
Coordinator: Amy E. Smith
Membership Coordinator:
Kay von Westernhagen
Projects & Communications Assistant:
Kathryn Tarangioli
Publications Assistant: Judi Smalling
Receptionist/Staff Assistant: Teddi Rivas
LAWYER REFERRAL SERVICE:
LRS Program Assistant: Biridiana Avina
Interviewer: Marcela Mejia
VOLUNTEER ATTORNEY PROGRAM
Director: Alicia Hernandez
Managing Attorney: Michelle Alden
Volunteer Recruiter: Chris Reed-Brown
Paralegals: Whitney Breheny, Lakeshia
McMillan, Andrew Musquiz, Jigna Gasal, Tina Douglas.
Data Entry/Office Support: Patsy Quinn
Dallas Bar Foundation
Executive Director: Elizabeth Philipp
Copyright Dallas Bar Association. All rights reserved. No reproduction of any portion of this
publication is allowed without written permission from publisher.
Sponsored by the DBA Peer Assistance Committee.
Co-sponsored by the Dallas Association of Young Lawyers,
DBA Business Litigation Section, DBA Collaborative Law
Section, DBA Energy Law Section, DBA Health Law Section,
DBA Intellectual Property Section, DBA Real Property
Section, and Barkley T. Miller, Attorney at Law.
Headnotes serves the membership of the DBA and, as such, editorial submissions from members are wel-come. The Executive Editor, Editor, and Publications Committee reserve the right
to select editorial content to be published. Please submit article text via e-mail to dhutchinson@
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Opinions expressed in articles are not necessarily those of the Dallas Bar Association.
All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion.
Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101
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POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.
April 2 0 0 9 D al l as Bar A ssoci ati on l Headnotes 5
The Dallas Bar Association From 1909 to 1928
by Gregory W. Sampson
Editor’s Note: As the Dallas Bar Association celebrates the inauguration of
its 100th president, Christina Melton
Crain, we will reflect each month on the
bygone eras the organization has experienced. Darwin Payne’s book, As Old As
Dallas Itself: A History of the Lawyers of
Dallas, the Dallas Bar Associations, and
the City They Helped Build, will often be
referenced. It is available from the Dallas
Bar Foundation for $25. Contact Elizabeth at ephilipp@dallasbar.org.
T
he second decade of the 20th
century was a progressive time for
the nation, the city of Dallas and
our bar association. Bar leaders
saw the impending growth and had
concerns about the quality of legal
training, standards of conduct and
overloaded courts. But first, they saw
the need for more structure to face
these challenges, and they reorganized
the bar for the new century.
The president during this transition
was Thomas T. Holloway, who served
from 1909 to 1915; his term ended
with the birth of the newly chartered
Bar Association of Dallas with 100
charter members. By that time, Dallas’
population exceeded 130,000, nearly
tripling in growth since 1900.
The new bar imposed rules for
electing new members, held one
annual meeting and four regular
meetings to conduct business each
year. Additionally, members attended
luncheons that Professor Payne’s
book describes as “strictly for pleasure
once a month.” The first president
of the “new bar” in 1916 was F.M.
Etheridge, who spoke of a mission to
maintain the honor and dignity of the
profession and to promote the administration of justice.
The new bar attracted many lawyers who were not charter members,
and a very busy admissions committee (which included future bar president Hiram F. Lively) recommended,
and the bar elected, 51 new members
at its first meeting. Several standing
committees were formed and, according to the Dallas Morning News, were
expected “to have an important bearing not only on the practice of law in
Dallas, but on future legislation and
on law reform.”
Largely through their active committees, bar presidents Wendel Spence
(1918-1919), Joseph E. Cockrell
(1920), Alexander Pope (1921),
Hiram F. Lively (1922), O.O. Touchstone (1922), Will R. Harris (1923)
and others made large strides in those
early years to increase the membership
and influence of the bar, enabling it
to help improve the legal system and
legal training locally and statewide.
A new code of ethics, based largely
on the ABA Code, was adopted
through a committee led by future
bar president, Alexander Pope, a
third-generation lawyer whose son,
Jack Pope, would serve as Chief Justice of the Texas Supreme Court in
the 1980s. A committee, formed by
president Carl Callaway in 1928,
was instrumental in creating the first
junior bar association in Texas for
young lawyers.
City leaders also learned to rely on
the strength of the bar and its legal
experience as it laid plans for the
growth of Dallas under a new municipal system and its first zoning ordinances. The bar president in 1927,
Charles F. O’Donnell, a former judge
and city attorney, no doubt helped
foster Dallas’ commercial development through the joint efforts of lawyers and the business community.
In 1917, the association’s legal edu-
cation committee conducted a study of
the non-standardized bar examination
process of the time and recommended
a centralized examination prepared
and conducted by a single state board
appointed by the Supreme Court.
These recommendations then became
the basis of legislation creating that
state examining board and improving
the quality of attorneys admitted to
the state bar and minimizing the subjectivity of admission.
The Roaring '20s also reverberated in Dallas, where important social
changes were felt. More objective bar
admission and the passage of the 19th
amendment encouraged more women
to seek a career in law. Though the first
woman lawyer appeared in a Dallas
court in 1914, Lillian D. Aveilhe was
followed in the early twenties by sev-
eral others — eight of whom the Daily
Times Herald identified and portrayed
as “prominent women attorneys.”
Among them was Sarah T. Hughes,
who arrived in Dallas in 1922 with her
lawyer husband, both seeking employment. Admitted to the Bar Association of Dallas in 1924, Judge Hughes
later became nationally known for
her distinguished service as a federal
judge. She is also known for the SMU
Law School diversity scholarships
that bear her name and are supported
annually by the DBA’s Bar None variety show.
In 1926, the committee on law
reform prepared a report that bar president N.M. Crestman presented to
the Texas Bar Association seeking an
“integrated bar” that would give the
state bar and the courts control over
admission to practice, discipline and
disbarment. This started a crusade that
eventually led to passage of the State
Bar Act for self-governance.
Recognizing the need for a law
school in Dallas and, at the urging
of former bar president and SMU
trustee, Judge Joseph E. Cockrell,
A
s a Midland lawyer, I’ve seen my
share of economic booms and
busts. When times are tough,
people have a tendency to
focus on themselves
and their individual
concerns. Yet these
are precisely the times
when we most need to
focus on others.
As members of the
legal profession, we
share an obligation to
ensure access to justice for all Texans. We
fulfill that obligation
partly through the
interest generated by
lawyer trust accounts,
partly by making access Harper Estes
to justice contributions when we pay
our bar dues, and partly by volunteering to accept pro bono cases.
I find it helpful to think of these
complementary ways that individual
lawyers support low-income Texans
as a three-legged stool that helps prop
up the legal system we all cherish.
Unfortunately, the first of these three
seems to be sawed shorter by the day.
The interest generated by lawyer
trust accounts, which is used to support legal services to the poor in civil
matters, has dropped precipitously
because of declining interest rates.
As recently as 2007, IOLTA revenue
had been projected to reach $28 million for the year. In 2008, revenue
fell to $12 million. In 2009, despite
valiant efforts by the Texas Access to
Justice Commission and Texas Access
to Justice Foundation to secure additional funding (such as ensuring
that banks pay comparable rates for
Greg Sampson is a shareholder at Passman & Jones,
board-certified in Estate Planning and Probate Law, and
chair of the DBA Probate, Trusts & Estates Section. He is a
past co-chair of the DBA Publications Committee, and can
be reached at sampsong@passmanjones.com.
Annual Senior Lawyers Appreciation Dinner
Thursday, May 14 ~ The Belo Mansion
Cocktails at 5:30 p.m. ~ Dinner at 6:30 p.m.
Keynote Speaker: Mayor Tom Leppert
Tickets $40 ~ Tables available $400
Contact Kathryn Tarangioli at 214-220-7450.
Sponsored by the DBA Senior Lawyers Committee.
State Bar President’s Update
by Harper Estes
discussions began in 1919 with SMU.
In February of 1925, Judge Cockrell
obtained SMU’s authorization for the
law school, if the funds were raised
outside of SMU’s budget. Within
three days of the meeting, then bar
president Charles D. Turner convened a committee and it was agreed
the bar would fully support the new
law school.
Judge Cockrell served as acting dean until a permanent one was
hired, and bar members were urged
to support two full-time faculty members for the first two years. Classes at
SMU law school began that fall of
1925. According to Professor Payne,
“Surely no law school of such stature was ever started with such a short
time for planning.” But such was the
foresight, ingenuity and perseverance
of the Bar Association of Dallas and
HN
its leaders of that time. IOLTA accounts as they do for similar accounts), IOLTA revenue is projected to total just $1.5 million.
That’s a serious shortfall and a
serious setback to legal aid providers
throughout the state. To compound
matters, funding for
legal services is drying
up just as the need for
these critical services
is skyrocketing.
Even during the
best of times, Texas
has struggled to meet
the legal needs of lowincome citizens. It’s
been estimated that
Texas meets no more
than 25 percent of
the legal needs of the
millions of Texans
living below the poverty line. We rank near the bottom
of all states in per capita revenue for
civil legal aid. Fortunately, we have
an engaged and committed Supreme
Court. In fact, Chief Justice Wallace
Jefferson recently requested $37 million from the Legislature to cover the
projected shortfall during the next
biennium. Of course, our legislators
are grappling with many issues, and
no one can predict when interest rates
will rebound.
There may be little we can do about
federal interest rates, but there’s a lot
we can do to help low-income Texans.
Beginning May 1, when you pay your
State Bar dues (which you can do online
at www.texasbar.com), please consider
checking the $100 voluntary access to
justice contribution. I’m no mathematician, but 10,000 lawyers checking this
box would generate an additional $1
million for Texans who need it.
Even if you cannot afford to donate
an additional $100 this year, certainly
you can donate your time. Last year,
I agreed to take two cases from Legal
Aid of NorthWest Texas. I’ve pledged
to take at least two more cases this
year. In my decades of practicing law,
I’ve found handling pro bono matters
to be one of the most fulfilling professional opportunities we have.
Again, I’m no mathematician, but
I know there are 85,000 members of
the State Bar of Texas. Imagine what
we could accomplish if each of us
said “yes” to accepting two pro bono
cases.
As president of the State Bar, I’ve
spent far more nights on the road
than I ever imagined and the calendar looks pretty full for the rest of my
term. One of the trips I’m very much
looking forward to, though, is the
25th anniversary gala for the Texas
Access to Justice Foundation, which
will take place on May 27 at the new
AT&T Executive Education and Conference Center on the campus of the
University of Texas at Austin. Holding a gala during troubled times may
sound like irrational exuberance, but
this gala is a fundraiser, and it’s for an
exceptional cause. If you choose to
join me on the road for a night, not
only will you help support low-income
Texans, you will have the opportunity
to hear an outstanding guest speaker,
CNN legal analyst and author Jeffrey
Toobin. For more information on the
gala, visit www.teajf.org.
One thing you learn in Midland,
which quietly gives you hope, is that a
boom eventually follows a bust. Please
join me in focusing on Texans in need
until that next boom arrives. HN
Harper Estes is the 2008-09 president of the State Bar of
Texas. He can be contacted at hestes@lcalawfirm.com.
6 He a d n o t e s l D a l l a s B a r A s s o c iation Column
A pri l 2009
Writing on Writing
Questions on Quotations
by Justice Jim Moseley
Q
uotations, properly used, effectively
supply portions of the law, facts,
logic, and persuasive rhetoric that
comprise your legal argument.
They are building blocks that can
construct and support your legal position.
However, a string of quotations standing
alone does not an argument make. You
have to know when, how — and how
much — to use them.
When Should I Quote?
First, only use quotations to emphasize a major point or buttress a critical,
disputed part of your argument. A block
quotation of the undisputed standard of
review for a traditional summary judgment may insult your reader.
Second, use quotations when it is
important to state exactly what the person being quoted said. When you have
legal authority supporting you, pound it
home by using the authority’s own words.
Reciting evidence from the record verbatim can do the same thing regarding
favorable facts. By quoting this material,
you educate the reader, increase your
credibility, and avoid any inadvertent
misstatements. (“The court — or the
witness — said this and said it exactly
this way; I didn’t make it up.”)
Even if a legal writing or testimony
isn’t supportive, you may need to quote
it to explain why it is wrong, not controlling or irrelevant. This is particularly
helpful if you must deal in some detail
with the quoted material’s subject. Quoting your opponents’ pleadings, briefs or
evidence can set up your argument, as
well as preclude a countercharge that
you misstated their position.
You should also consider a quotation if the source material “says it better
than you can.” If your quotation is truly
elegant and precise, there is no need to
find another way to say it. Also, stirring,
dramatic rhetoric may be better received
if it comes from another source and not
from you.
How Much Do I Quote?
A quotation should be long enough
to accomplish two things, and no longer.
First, it should get your point across (if
it supports you) or set up your opposing
argument (if it doesn’t). Second, along
with your introduction and explanation,
it should be long enough to protect you
from the charge that you are quoting out
of context.
How Do I
Quote Effectively?
A strong quotation makes your point
directly and concisely. An authoritative
source may support your point but be too
rambling or complicated to yield a helpful quotation. If so, integrate words or
short phrases from the source into your
own succinct paraphrase.
Moreover, even a strong quotation
is ineffective if it isn’t read. A longer
quotation may be skimmed — or even
skipped altogether. Thus, you cannot
count on a quotation standing alone to
make your point. To maximize a quotation’s effectiveness, weave it into your
text in a way that encourages the reader
to scrutinize it.
One way to do this is to begin the
quotation in mid-sentence. For example: “In a breach of contract case, consequential damages are not recoverable
[begin block quotation] unless the parties contemplated at the time they made
the contract that such damages would
be a probable result of the breach....”
This technique is probably enough to
entice the reader into a relatively short
quotation.
Another method, particularly helpful for longer quotations, is to introduce
the quotation by summarizing it, and
follow it with an explanation of what
it means or how it applies. For example, “In City of Smith, the appeals court
affirmed the landowner’s judgment that
the city’s regulations amounted to a
total taking of his real property. The
court recognized, however, that title
to the property should pass to the city
upon its payment of “just compensation” for the taking: [follow with block
quotation, then] The court reformed
the judgment to achieve that result,
even though the city failed to specifically plead for that relief.”
By framing it this way, you invite
your reader to inspect the quotation to
confirm your analysis. But even if the
reader declines to do so, the reader still
understands what the quotation means.
How Often
Should I Quote?
Err on the side of fewer quotations.
Too many increase the risk that you are
merely stringing sources together and
not synthesizing the material into your
own analysis. This implies you are not
interested in (or are incapable of) guiding your reader along your argument’s
logical path. Too many quotations also
increase your danger of relying on quotations that do not advance your argument
succinctly.
Lastly, you damage your credibility if
you do not format and punctuate your
quotations correctly. To protect yourself,
see The Bluebook: A Uniform System of
Citation 68-71 (Columbia Law Review
Ass’n et al. eds., 18th ed. 2005); and
Texas Law Review Manual on Usage &
Style 57-61(10th ed. 2005). HN
Jim Moseley is a justice on the Fifth District Court of Appeals in
Dallas, and is a past chair of the DBA Publications Committee.
Parallel Paths of Domestic Violence:
A Practitioner’s Roadmap for Criminal and Family Law Professionals
Friday, April 24 ~ 10 a.m. to 4 p.m. ~ The Belo Mansion
5.5 hours of MCLE (credit pending)
$ 50 for attorneys. $30 for judges & government attorneys.
For more information, contact Jenny Womack at jwomack@pamlaw.com.
April 2 0 0 9 Focus
D al l as Bar A ssoci ati on l Headnotes 7
Appellate Law
Appellate Tips for Trial Attorneys
By Kirk L. Pittard
G
enerally, cases on appeal are won
or lost at the trial level. After
all, once a case is on appeal, the
appellate court’s review is limited
to the record created at the trial level.
While effective briefing and argument
on appeal are critical to success, trial
counsel must constantly be aware of
numerous issues at trial that ultimately
affect the case on appeal.
Pre-Suit Considerations
Considerations regarding reversible error begin before a lawsuit is ever
filed. For instance, before filing suit,
it is important to determine whether
the court in which the case is filed has
subject-matter jurisdiction. This is of
particular importance in determining
whether to file in state or federal court.
Lack of subject-matter jurisdiction can
be raised for the first time on appeal and
even sua sponte by the trial or appellate
court. Filing a case in a proper venue is
also of critical importance. To illustrate
this point, in 1998, the Texas Supreme
Court reversed a $30 million jury verdict after concluding the case was filed
in an improper venue.
Another pre-suit consideration
concerns forum non conveniens. Scant
attention to this may result in having to try a case in another state or
another country. Similarly, it is important to consider whether the pleadings
in a state action will subject a case to
removal to federal court. The differences between state and federal court
are numerous and can affect how a case
is tried, the value of a case, and the
final result.
Post-Filing Considerations
Once litigation commences, trial
attorneys should always consider
matters that may subject their case
to interlocutory appeals or mandamus proceedings, which may delay
the entire case for months or years
as the proceedings percolate through
the appellate courts. There are many
determinations that can trigger an
interlocutory appeal, such as special appearances, class certifications,
claims of immunity, temporary injunctions, pleas to the jurisdiction by a
governmental unit, the sufficiency
of expert reports in medical malpractice cases, and venue issues in multiplaintiff cases, to name a few. Additionally, review of discovery disputes
are often sought through mandamus
proceedings.
Dispositive motions and motions
affecting key components of a case
also deserve significant attention in
anticipation of an appeal. Obviously
motions for summary judgment or
motions to dismiss can result in immediate appellate review. Furthermore,
challenges to experts (i.e. Daubert,
Robinson, and Havner challenges)
can gut a case before it ever gets to a
jury. It is important to remember that
challenges to expert witnesses can be
raised pre-trial, during trial, post-trial,
and for the first time on appeal pursuant to a no evidence argument.
Inartfully drafted jury charges
are often the death knell to cases on
Understanding Contractors
& Their Contract Documents
Dallas — April 23, 2009 n Fort Worth — May 7, 2009
appeal. The jury charge can become a
technical puzzle of words, definitions,
instructions and punctuation — the
slightest nuance of which can constitute reversible error. Yet the jury
charge often gets the least attention
from trial counsel simply due to the
demands of trial. After all, the last
thing trial attorneys want to worry
about while preparing to cross-examine an expert witness or give a closing argument are the technicalities
of the jury charge. To compound the
complexity of charge preparation, one
must always be mindful that, while
the pattern jury charge is helpful, it
is not infallible. Furthermore, in the
absence of an applicable pattern jury
charge, piecing together a charge
from various statutes and case law can
be an endeavor requiring many days
to adequately prepare.
Post-Trial Considerations
Post-trial motions can also affect
the results on appeal, as there are many
points of error that must be preserved
in the appropriate post-trial vehicle.
Such motions include, but are not limited to, motions for new trial, motions
for judgment on the verdict, motions
for judgment notwithstanding the ver-
dict, motions to disregard jury findings, and requests for findings of fact
and conclusions of law. Each of these
play different and sometimes overlapping roles in preserving various issues
for appellate review.
Time Management
Adequately addressing these issues
sometimes requires uninterrupted time
and preparation — a commodity which
active trial attorneys often lack. Preparation of discovery, depositions, hearings, witnesses and evidence, as well as
general trial preparation take considerable time, routinely leaving trial attorneys with little time to fully address
the numerous issues noted.
Nevertheless, unlike evidentiary
rulings, which generally account for
approximately 1 percent of reversals,
these issues can make or break a case
on appeal. Therefore, it is critical for
trial attorneys to plan to give these
issues the necessary time and attention
at the trial level so they do not become
HN
an albatross on appeal. Kirk L. Pittard is a partner at Durham & Pittard, L.L.P., an
appellate boutique practicing civil appeals and litigation support.
He is a past co-chair of the DBA Publications Committee and
can be reached at kpittard@durhampittard.com.
Play Golf and Support Pro Bono
Register for the 17th Annual Pro Bono Golf Classic,
benefitting the Dallas Volunteer Attorney Program.
Registration fee of $255 includes lunch, dinner and refreshments on the course. The tournament is a
4-person scramble format — limited to the first 128 golfers. Lots of prizes, plus great goody bags, raffle and
other fun games! Check-in and use of the practice range begins at 11 a.m. and shotgun start is at 1 p.m.
A reception and awards dinner will follow the tournament at 5:30 p.m.
MONDAY, APRIL 20, 2009 at The Golf Club of Dallas
Entertain clients with a golf game, while helping a family in need.
To register, visit https://www.dallasbar.org/events/register/golf_registration.asp.
For more information on sponsorships, contact Rhonda Thornton at rthornton@dallasbar.org.
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8 He a d n o t e s l D a l l a s B a r A s s o c iation Focus
A pri l 2009
Appellate Law
Superseding and Enforcing Judgments
By Anne M. Johnson
D
uring appeal of a money judgment,
judgment debtors want to protect
their assets pending appeal for the
lowest possible cost while judgment
creditors want security that their judgment
will be fully satisfied if affirmed. In times
of economic uncertainty, these goals take
on increased urgency and can present
unique considerations for both judgment
debtors and judgment creditors.
Protecting Assets of
Judgment Debtors
Take immediate steps to protect
your assets and post-appellate security. Certain collection efforts – such as
filing a judgment lien, asset discovery,
garnishment and turnover – can begin
immediately upon entry of judgment. To
avoid these, a judgment debtor must be
prepared to supersede on the day a final
judgment is signed. Once an adequate
supersedeas bond is posted, all attempts
to enforce or collect a judgment must
be suspended. A later supersedeas will
not negate a priority lien filed before
the judgment was suspended.
Reduce the amount to be superseded through the supersedeas caps and
“substantial economic harm” provision
in Texas Rule of Appellate Procedure
24. No judgment debtor is required to
post security that exceeds $25 million,
or 50 percent of the judgment debtor’s
net worth, whichever is less. Moreover,
if a judgment debtor is likely to suffer
substantial economic harm if required to
post security in these amounts, it can ask
a court to lower the amount of the security required to suspend enforcement of
the judgment on appeal. TRAP 24 does
not define “net worth,” and Texas appellate courts have defined it in different
ways. Some courts have ruled that net
worth must be strictly calculated as the
difference between total assets and total
liabilities, while others have considered
a company’s book value and fair market
value. In any event, a judgment debtor
facing substantial bond costs should fully
explore these avenues for reducing the
amount of the bond.
Eliminate bond premiums altogether
by securing the judgment with a letter of
credit instead of a supersedeas bond. Sureties often require a letter of credit from an
approved financial institution in order to
issue a supersedeas bond to the judgment
debtor. Subject to court approval (and
typically agreement by the judgment
creditor), a judgment debtor may be able
to avoid the expense of bond premiums
by providing the letter of credit directly
to the judgment creditor. Judgment creditors may prefer a letter of credit because
they can avoid the delay and expense of
collecting from a surety on a bond, and
can simply draw down a letter of credit
from a financial institution when all
appeals are exhausted.
Another important consideration
for judgment debtors trying to control
costs on appeal is that post-judgment
interest rates are at historic lows. Since
the beginning of 2009, federal postjudgment interest rates have ranged
between 0.37 and 0.72 percent.
Texas state court judgments signed
in April 2009 will accrue post-judgment interest at a rate of 5 percent
compounded annually. These rates,
along with strategies for reducing the
costs of appellate security, can significantly reduce the cost of an appeal for a
judgment debtor.
Securing Rights of
Judgment Creditors
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your final judgment. Be prepared to
preserve your rights to the judgment
debtor’s assets on the day the judgment
is signed. In addition to the enforcement mechanisms that are immediately
available, a judgment creditor may also
be able to begin execution before postjudgment motions are overruled, if it
can show the judgment debtor is trying
to hide assets.
Once a supersedeas bond is posted,
monitor the financial strength and
continued solvency of the bond surety
while the appeal is pending. Judgment creditors should monitor a corporate surety’s financial condition (as
reflected in its regulatory and other
publicly available filings) to make sure
it remains in adequate financial condition to satisfy the judgment. That
scrutiny is particularly important if the
surety is an individual, which may be
permitted in state court. If the judg-
ment creditor has legitimate concerns,
it may request that the appellate court
determine the sufficiency of the surety
at any time during the appeal. Alternate forms of security, such as letters of
credit issued by financial institutions in
distress, may raise similar concerns and
require similar actions.
If necessary, enjoin the judgment
debtor from dissipating assets. TRAP
24.2(d) empowers a trial court to enjoin
the judgment debtor from dissipating
or transferring assets to avoid judgment
satisfaction. But the court may not make
any order that interferes with the judgment debtor’s use, transfer, conveyance
or dissipation of assets in the normal
HN
course of business. Board-certified in civil appellate law, Anne Johnson is a partner
in the Appellate Practice Group of Haynes and Boone LLP. She
can be contacted at anne.johnson@haynesboone.com.
DBA LAW DAY LUNCHEON
Keynote Speaker: Valerie E. Caproni, FBI General Counsel
Co-Sponsored by Navigant Consulting
Friday, May 1 at Noon (doors open at 11:45 a.m.)
~ Honoring our State & Local Judiciary ~
Tickets $35. Tables of 10 are $350. Must be purchased in advance.
To order tickets, visit www.dallasbar.org.
For more information, contact Brandi Thayer at BThayer@dallasbar.org.
April 2 0 0 9 Focus
D al l as Bar A ssoci ati on l Headnotes 9
Appellate Law
Appeals Plus: The Appellate
Practice of the 21st Century
by Danny Ashby, David Coale
and Chris Kratovil
F
or decades, the appellate specialty
did not exist apart from a few
Supreme Court-oriented practices
in Washington D.C. Over the last
20 years, however, as the legal profession
grew more segmented, almost all large
law firms added an appellate section,
small appellate boutiques proliferated,
and state governments – including
Texas – created solicitor general offices
to handle their appeals. That evolution
continues rapidly today.
Although appellate lawyers are
generally seen as experts on procedure, rather than a substantive area of
law, few appellate lawyers can confine
their practice to the rules of appellate
procedure. Appellate counsel increasingly serve on trial teams as (for lack
of a better term) the “law guy” (or perhaps “law geek”) who handles obscure
or research-intensive questions, drafts
briefs, preserves error, and argues the
jury charge. Increasingly, the role of
appellate counsel involves more than
briefing and arguing an appeal, and
includes advocacy about the law to the
trial court to simplify or even avoid an
eventual appeal.
But even this expanded role does
not adequately capture the emerging
concept of an “appeals plus” practice. An “appeals plus” attorney does
not just offer traditional procedural
expertise about appeals, but goes further and combines that expertise with
substantive legal knowledge in relevant areas. Such a lawyer is not just
an appellate specialist, but can also
converse – often fluently – in the relevant substantive area. Three examples show the development of this
type of appellate practice.
Bankruptcy
The recession has already fueled
growth in bankruptcy practice, and
appeals from bankruptcy litigation are
sure to follow. A knowledgeable appellate lawyer can navigate the multitiered bankruptcy appeals process, particularly the initial appeal from the
bankruptcy court to the district court
that gives the appellant an “extra bite
at the apple.”
But the “appeals plus” approach
provides more. An appellate attorney
who can discuss the substantive bankruptcy law can effectively translate
arguments for specialized bankruptcy
courts into persuasive advocacy for the
higher courts that deal with complex
bankruptcy cases only infrequently.
Similarly, where a general appeal
involves a party on the cusp of bankruptcy, the entire calculus of an appeal
(or possible appeal) may change. An
appellate attorney who “speaks bankruptcy” can evaluate the impact of a
possible bankruptcy on an appeal and
make good recommendations to his
client.
Regulatory, Corporate
Governance & White-Collar
Public pressure after the Wall Street
meltdown will soon yield vigorous new
regulatory and enforcement regimes
in many areas. Regulatory matters and
white-collar criminal cases both present
many potential issues that do not appear
in a typical civil appeal. For example, a
convicted white-collar defendant must
decide whether to focus an appellate
attack on the underlying conviction or
on the sentence, while the habeas corpus process provides a second potential
path for appellate-type relief.
Similarly, the remarkable deference
that courts give to agency decisions in
regulatory matters requires that the
parties fully and effectively brief all
issues to the administrative law judge.
That, in turn, calls for the involvement
of effective appellate counsel early in
the proceedings. Regulatory proceedings can also raise nuanced waiver
issues – such as whether constitutional
challenges to a statute must be asserted
to an administrative law judge despite
that judge’s likely lack of jurisdiction to
reach the issue – making quality appellate counsel critical.
Another substantive role for appellate counsel is in assessing the broad
legal effect of new regulations on a
company’s overall operations.
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The recession will likely encourage claims against all forms of insurance policies by businesses and individuals seeking money. While coverage disputes lend themselves to settlement, the evaluation of the settlement
value of appeals in such cases calls for
an “appeals plus” approach that fully
weighs both the merits of the insurance
issue and the costs and delays created
by the appeal.
Notably, in the past three years, the
Fifth Circuit has certified no less than
seven questions of Texas insurance law
– a remarkable number – to the Texas
Supreme Court.
In more than one case, the certified
insurance law question was at least arguably controlled by the Fifth Circuit’s own
prior “Erie guess” as to Texas law. Nonetheless, sophisticated appellate lawyers
have been able to draw on their knowledge of both appellate procedure and
state insurance law to navigate around
these adverse Erie guesses and reach the
Texas Supreme Court, where prior precedent would not foreclose their substan HN
tive position. All three authors are partners at K&L Gates, LLP, and belong
to its Appellate, Constitutional and Governmental Litigation
Practice Group. In addition to their appellate work, Danny
Ashby and Chris Kratovil represent clients in white-collar
crime and securities litigation, and David Coale’s complex
commercial litigation practice includes a range of construction
and financial services disputes. They can be reached at
danny.ashby@klgates.com, chris.kratovil@klgates.com and
david.coale@klgates.com.
Register Now for the
State Bar of Texas Annual Meeting
June 25-26 in Dallas ~ The Hilton Anatole
Including speakers: Doris Kearns Goodwin, David Brooks and Morris Dees,
plus many CLE and networking opportunities.
For more information, visit http://www.texasbar.com/annualmeeting.
A Full Day of Trial Strategy
Presented By David Burrows
Course Chairman: Lawrence G. Boyd
Belo Mansion and Pavilion
Dallas, Texas
May 8th, 2009
Co-Sponsored By:
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of the Dallas Bar Association
&
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Lawyers Association
Reservations are limited and accepted
in the order payment is received.
$215 includes all classes, book, lunch
and CD of program materials.
The 2008 David Burrows DWI conference
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or call 512-478-2514 to register.
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10 H e a d n o t e s l D a l l a s B a r A ss ociation Focus
A pri l 2009
Appellate Law
A Guide to Web Sites & Blogs Related to Appellate Law
by Ben L. Mesches
O
ver the past few years, lawyers
from across the country have
developed Web sites and
blogs focused on appellate
practice and tracking appellate court
decisions. The appellate courts have
also developed increasingly more
useful Web sites, which provide a
variety of information about rules and
internal operating procedures, as well
as links to oral argument webcasts
and electronic briefs. Below is a
sampling of these resources and a brief
description of their content.
Scotus Blog (http://www.scotusblog.
com/wp/) — This blog comprehensively
covers the United States Supreme
Court. It monitors the filing of petitions
for writ of certiorari, identifies cases that
will likely be of interest to the Court
(“petitions to watch”), previews cases
set for oral argument, closely monitors
the Court’s docket, and provides timely
analysis of recently issued opinions.
The site also posts the Court’s orders,
briefing in cases of particular interests,
and oral argument transcripts.
How Appealing (http://howappealing.
law.com) — This blog describes itself as
the “Web’s first blog devoted to appellate
litigation.” It links to appellate-oriented
news stories and Web site or blog entries
in addition to appellate court decisions.
Although the blog’s primary emphasis is
appeals, it also links to numerous legal
news stories every day.
Texas Appellate Law Blog (http://
www.texasappellatelawblog.com/) —
This blog, authored by Todd Smith,
a solo appellate lawyer from Austin, provides appellate practice tips,
including writing and business development suggestions, tracks decisions
from the Texas appellate courts and
the Fifth Circuit, and provides commentary on appellate issues.
The Supreme Court of Texas
Blog
(http://www.scotxblog.com/)
— This blog, authored by another
Austin solo (Don Cruse), carefully
monitors the Texas Supreme Court’s
docket. The blog identifies cases in
which the Court has requested briefing on the merits, provides a weekly
preview based on the Court’s calendar
and the status of the Court’s docket,
posts decisions, and provides insider’s
tips about Texas Supreme Court practice.
The California Blog of Appeal
(http://www.calblogofappeal.com/)
— This blog tracks developments in
the California appellate courts and
Ninth U.S. Circuit and focuses on the
“intersection of trial and appellate
practice.” It provides interesting commentary on substantive legal developments, appellate procedure, post-trial
practice, and advocacy skills.
Texas Judiciary Online (http://
www.courts.state.tx.us/) — This is
the online home of the Texas Appellate Courts. Lawyers can access dockets, orders and opinions, rules, and
internal operating procedures at each
of the intermediate courts of appeals.
The Texas Supreme Court’s Web site
is also accessible at Texas Judiciary
Online. In addition to opinions and
the docket, the Supreme Court’s Web
site allows the public access to oral
argument webcasts, briefing on the
merits, and the Court’s calendar.
Fifth U.S. Circuit (http://www.
ca5.uscourts.gov/) — The Fifth Circuit’s Web site provides access to the
Court’s docket, oral argument calendar, opinions, rules, “circuit news,”
internal operating procedures, and a
practitioner’s guide. The Fifth Circuit
has recently begun posting audio files
of oral arguments. Many useful forms,
including appearance forms and application for admission to the Fifth Cir HN
cuit, are also available. Ben L. Mesches is in the Appellate Practice Group at
Haynes and Boone, LLP, board-certified in Civil Appellate
Law, and secretary of the DBA’s Appellate Law Section. He
can be reached at ben.mesches@haynesboone.com.
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April 2 0 0 9 Focus
Dal l as Bar A ssoci ati on l Headnotes 11
Appellate Law
20 Tips for Writing Shorter Briefs
by Scott P. Stolley
A
ppellate judges have a common
complaint – briefs are not brief.
Given
today’s
overburdened
appellate dockets, this complaint is
understandable. Overly-long briefs bog
down the decision-making process and
are often not helpful.
We lawyers – myself included – are
all guilty. It’s almost as if lawyers treat
page limits as aspirations. Here are some
techniques to make your briefs shorter.
Use Fewer Words. Sounds like stupid
advice, doesn’t it? Why is it, though, that
lawyers write “prior to” when “before”
suffices? Or “subsequent to” when “after”
suffices? The latter examples each save a
word. Simple changes like these can save
multiple pages in a long brief.
Use Shorter Words. Again, simple changes can have a big cumulative
impact. Why say “executed a contract”
when you can say “signed a contract”?
“Executed” is a pretentious word of four
syllables, while “signed” is a simple word
of one syllable. Other examples – instead
of “consequently,” say “thus,” or instead
of “frequently,” say “often.”
Write Shorter Sentences. Legal-writing expert Bryan Garner suggests that
you aim for an average sentence length
of 20 words. To do this, you will want
to heed Professor James McElhaney’s
advice: Each sentence should have just
one job.
Include Fewer Issues. In law school,
issue-spotting becomes a parlor game. In
the real world of appeals, it is better to
follow Justice Oliver Wendell Holmes’s
advice to “strike for the jugular, and let
the rest go.” Include only the dispositive
issues and omit secondary issues that
offer little chance of success.
Include Fewer Arguments. Within
each issue, consider making fewer arguments. This brings to mind Justice Robert Jackson’s quote: “Legal contentions,
like the currency, depreciate through
overissue.” Again, focus your case on the
dispositive arguments.
Use Shorter Captions. It is important
to signpost your brief. But I have rarely
needed more than two lines for a caption. Besides taking up more space, longer captions are less likely to be read.
Cite Fewer Cases. Lawyers tend to
cite too many cases – probably another
remnant from law school. It can also be
driven by a misguided desire to demonstrate scholarship. In general, cite
one or two cases for a proposition and
then move on. One way to force yourself to cite fewer cases is to cite cases in
the text. When case citations are in the
footnotes, there is a greater temptation
to overcite.
Shun Substantive Footnotes. This is
another relic from law school, especially
from law reviews. Sure, it’s tempting to
try to save space by jamming arguments
into footnotes. But if an argument is
important enough to make, it belongs
in the text, where it is more likely to be
read. If it is not important enough to be
in the text, save space and omit it.
Include Fewer Facts. Lawyers are
frequently guilty of telling more of the
story than the court needs to know.
Instead, boil the facts down to the
minimum necessary to understand and
decide the case. A concise factual state-
2008 Dallas County Bench Book
ment reflects a deeper understanding of
the case than does one with too many
details.
Eliminate Unnecessary Dates. One
form of excess detail is reciting the dates
of every event in the lawsuit, including the dates of court filings. In most
instances, dates are unnecessary, and
where a sense of relative timing is important, you can say, “One month later, the
defendants ...”
Avoid Block Quotes. Using block
quotes is tempting because you can single-space the text. But as with substantive footnotes, you run the risk that the
quote won’t be read. It is usually better
to paraphrase the quote, which will save
words and be more effective.
Shun Passive Voice. Not only is passive voice clunky, it is wordier. It takes
10 words to say “the suit was filed by
the plaintiffs three days later.” But “the
plaintiffs filed suit three days later” is
only seven words.
Eliminate Buried Verbs. Often, you
can replace nouns ending in –tion with
shorter verbs. Example: “The plaintiff
includes an allegation that Smith is an
apparent agent.” Better: “The plaintiff alleges that Smith is an apparent
agent.”
Reduce Prepositional Phrases. You
can save much space by eliminating
prepositional phrases, especially those
beginning with “of.” Example: “The
result of this case is illustrative of the
rule that bad facts make bad law.” Better: “This case illustrates that bad facts
make bad law.”
Avoid Throat-Clearing. Garner
points out that many introductory
phrases are the equivalent of unnecessary throat-clearing. Examples are: “It
is important to remember that ...” or “It
may be noted that ...” or “It is respectfully submitted that ...”
Eliminate Adjectives and Adverbs.
Lawyers are fond of trying to bolster
their prose with adjectives and adverbs.
They usually end up weakening their
prose. Strong nouns and verbs don’t
need modifiers. A statement like “Smith
vehemently and vociferously disagrees”
is weaker than saying “Smith disagrees.”
Use Last Names. When referring
to parties or witnesses, you can use just
their last names, without titles. “Mr.
Smith ran the light” can become simply
“Smith ran the light.”
Eliminate Partial Lines. One of my
favorite techniques is to examine the
last line of each paragraph. If it occupies less than a third of the line, I try to
edit the paragraph to eliminate that line
altogether.
Learn From Courts. It is often striking to compare your brief to the court’s
opinion and see how the court was able
to shorten the factual recitation and the
arguments. As you began to understand
how judges think, your briefs will reflect
the conciseness that we often see in judicial opinions.
Simplify. In persuading a court, your
chief job is to make the court’s job easier.
This means that you must simplify the
analysis. As Einstein said, make things
“as simple as possible, but not sim HN
pler.” Scott P. Stolley is the head of the Appellate Practice Group at
Thompson & Knight LLP.
Membership in The 100 Club Is Now Open!
To become a member of The 100 Club, all lawyers in your
Dallas office must be members of the Dallas Bar Association. As a member of The 100 Club, firms with two or more
lawyers will be listed in Headnotes, and firms will receive
recognition in the Annual Pictorial Directory and at our Annual Meeting in November.
Many firms have hired new lawyers recently who are encouraged to join the DBA and take advantage of our many member benefits – such as 400 FREE CLE programs each year, 28 substantive law sections, numerous
networking opportunities and community projects, voting privileges in the DBA judicial evaluations
polls, plus many other member benefits.
The 100 Club membership is renewable by each firm annually. We do not automatically renew a
firm’s membership, because rosters change from year to year.
To become a member of The 100 Club for 2009, please send the names of lawyers in your Dallas
office to Cathy Maher (fax to 214-220-7465 or e-mail to cmaher@dallasbar.org) by May 7 to be included in the June 1st Headnotes. We will then check your list against our membership records.
The “2008 Dallas County Bench Book”
includes updated rules; judges’ profiles; key contacts;
procedures for pleadings, conferences, ADR referrals,
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12 H e a d n o t e s l D a l l a s B a r A ss ociation A pri l 2009
Students Sharpen Skills & Knowledge of Legal Process
continued from page 1
Academy from 20 miles east of Houston.
The two third-place teams were competing on the state level for the first time.
The Judy Yarbro Professionalism
Award, underwritten by the Gwinn
Family Foundation, was presented to
Highlands Academy and Decatur High
School
Other local teams that participated
in the state championship include
Creekview High School of Carrollton,
Richardson High School, and Ursuline
Academy of Dallas.
During the competitions, students
portrayed prosecutors and defense attorneys, as well as “witnesses.” Serving as
“jurors” in the mock trials, and selecting
the teams that were best prepared and
who demonstrated exceptional presentation skills, were nearly 200 Dallas-area
lawyers and judges.
Each year, the “case” is written by
local attorneys on the DBA Mock Trial
Committee, co-chaired by Hon. Lana
Myers and Steve Gwinn. Committee
co-vice chairs for 2009 are Prater Monning and Steve Russell.
A distinguished panel of “jurors”
decided the final round of the Texas High
School Mock Trial Competition, including: DBA President Christina Melton
Crain; Karen McCloud, president-elect
of the J.L. Turner Legal Association;
Hon. Lana Myers; Scott McElhaney,
vice chair of the DBA board of directors;
DBA First Vice President Barry Sorrels;
Dena DeNooyer Stroh, president of the
Dallas Association of Young Lawyers;
and Michele Wong Krause.
“The students competing in Mock
Trial are always so impressive,” said
DBA President Christina Melton Crain.
“Their diligence and tenacity is inspiring to the lawyers who coordinate this
program and those who volunteer as
judges. In spite of all the distractions
facing teenagers, we all enjoy witnessing their level of preparation and excitement – especially with those that reach
the state competition. The Dallas Bar
is so proud of its long history with this
amazing program.”
Each year, two students are recognized for their exemplary presentations by being named the Outstanding
Advocate and Outstanding Witness in
the state tournament. The Outstanding Advocate Award and scholarship,
funded by the DBA Tort and Insurance
Practice Section, was presented to Zach
Reynolds of the Highlands Academy;
and the Outstanding Witness Award and
scholarship, funded by DBA member
Peter Malouf, was presented to Caitlin
Smith, of Henderson High School.
The Dallas Bar Foundation and Dallas Lawyers Auxiliary provides additional
funding for the High School Mock Trial
Competition program.
The High School Mock Trial program began in Dallas in the mid-1970s,
to increase awareness and respect for
the law and its role in society among
students. In 1979, a city-wide mock trial
competition was initiated by the DBA’s
Law in a Changing Society Committee
(now referred to as the Mock Trial Committee), the Dallas Bar Foundation, and
the Dallas Independent School District.
And a national competition began in
1985.
In its 30-year history, the Texas High
School Mock Trial Competition has
had approximately 120,000 participants
and has awarded more than $300,000 in
scholarships at the local, regional and
state levels.
Planning for the 2010 competition
begins soon. To get involved, contact
Amy Smith, law-related education and
programs coordinator, at ASmith@dal HN
lasbar.org. Darlene Hutchinson Biehl is the DBA Communications/Media
Director.
Judicial Evaluation Poll
The Judicial Evaluation Poll will be online Monday, May 18 to June 1 at 5 p.m. Resident DBA
members will receive an e-mail directing them to their online ballots on Monday, May 18.
Those who do not have e-mail addresses on file with the DBA will receive a paper ballot by
mail. Those who wish to vote by paper ballot must call Kathryn Tarangioli at 214-220-7450.
Please remind your firm to update their spam software to allow the emailed ballot to enter your
inbox from DallasBar@BallotBoxOnline.com.
Isn’t it about time you
started your OWN
law practice?
The “jurors” who decided the final round of the Texas High School Mock Trial Competition
included DBA President Christina Melton Crain; U.S. District Judge Barbara M.G. Lynn (who
presided over the mock trial); Hon. Lana Myers (front row, left to right); Dena DeNooyer Stroh,
president of the Dallas Association of Young Lawyers; Karen McCloud, president-elect of the J.L.
Turner Legal Association; Scott McElhaney, vice chair of the DBA board of directors; Michele
Wong Krause; and DBA First Vice President Barry Sorrels.
REGISTER FOR SPANISH CLASSES
Sign up for the next round of “Spanish for Lawyers” courses, including:
n Elementary Conversation ($150)
n Intermediate/Advanced Conversation ($150)
Registration ends April 24.
Classes are held from 6 to 7:30 p.m. at the Belo Mansion.
A
t Law Practice Builders, we believe that
the key to making a successful transition
from working for a law firm to owning a
law firm is for you to continue doing what
you do best – practicing law. Law Practice Builders will
confidentially help you create a practice blueprint for
your new business, share the crucial elements of starting
a practice, and most importantly, turn the blueprint into
a reality without any down time for you. Let us worry
about the organization of your new law firm so that on
day one you will be able to concentrate on practicing
law and making money.
(214) 774-4434
www.lawpracticebuilders.net
Confidential Inquiries may be sent to mrw@lawpracticebuilders.net
LAW
PRACTICE
BUILDERS
LLC
Turnkey Law Firm Setup ✦ Startup Financing
Practice Building and Management Consulting
Courses will be held between May 4 and June 22, 2009.
Contact Teddi Rivas at TRivas@dallasbar.org or 214-220-7447
for an enrollment form and information about textbooks.
April 2 0 0 9 Dal l as Bar A ssoci ati on l Headnotes 13
Law Day Teaches Students About Government & Legal System
continued from page 1
was named general counsel of the FBI.
It is fitting that the FBI’s general
counsel is speaking at the DBA luncheon
this year. In 1958, President Dwight D.
Eisenhower established Law Day as a day
of national dedication to the principles
of government under law. It is a day to
celebrate the rule of law and to underscore how the law and the legal processes
have contributed to the freedoms that all
Americans share.
The FBI’s motto – “Fidelity, Bravery, and Integrity” – as well as its role
in protecting our liberties as a nation
fit perfectly within this year’s Law Day
theme. Among other missions, the FBI
is committed to preventing terrorist
attacks, countering foreign intelligence
operations against the U.S., addressing cybercrime-based attacks and other
high-technology crimes, and protecting
civil rights.
According to DBA Law Day Committee Co-Chair James Holmes, “Law
Day provides an excellent opportunity
for public school students to learn about
our government and its legal system.”
In conjunction with the DBA’s Law
Day activities, Mr. Holmes reports that
“younger children participate in essay
and art competitions, in which they create works involving the Law Day theme.
Older students participate as potential
jury members in mock voir dires at the
courthouses, as well as in photo contests
and editorial-writing contests. Students
and their teachers also invite Dallas-area
attorneys to speak to their classes about
the Law Day theme.”
In his Gettysburg Address, Lincoln
remarked “that this nation, under God,
shall have a new birth of freedom – and
that government of the people, by the
people, for the people shall not perish
from the Earth.”
According to the ABA, Lincoln’s
“words, his principles, his focus on justice and equality, and his strong belief
in our nation and our constitutional
democracy all contribute to Lincoln’s
legacy today. We can see Lincoln’s legacy in many subsequent events in our
continued from page 1
Society of Barristers; fellow of the
International Academy of Trial Lawyers; master in the William Mac Taylor
American Inns of Court; past president
of the Inn of Court; and recognized as
one of The Best Lawyers in America
(in the field of business litigation).
He has received many honors including the SMU Law School Distinguished
Alumni Award for Private Practice; the
Dallas Bar Association Trial Lawyer of
the Year; Hall of Fame, Baylor College
of Dentistry; Anti-Defamation League
Jurisprudence Award; and the Alliance
for Higher Education Award. In 2008,
George was selected to receive the Dallas Bar Foundation Fellows Award, the
foundation’s most prestigious honor.
Service to boards and commissions
includes: member of the Texas Higher
Education Coordinating Board of the
Texas College and University System
of Texas, and past chairman of the
Financial Planning and Legal Commit-
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Habitat House
$50,000
$40,000
$30,000
$20,000
On May 1, the DBA celebrates a
legacy of liberty. The luncheon begins at
noon at the Pavilion at the Belo Mansion (doors open at 11:45 a.m.). Tickets are $35 per person and can be purchased by contacting Brandi Thayer at
HN
BThayer@dallasbar.org.
Susan P. Kravik is assistant general counsel for JPMorgan
Chase & Co. in Dallas, and a member of the DBA Publications
Committee. She can be reached at Susan.Kravik@chase.com
Justinian Award to Be Given to Mr. Bramblett
4144 North Central Expressway, Suite 1010
$55,000
nation’s history such as the Thirteenth
Amendment, the women’s suffrage
movement and the Civil Rights Movement.” As stated by President Obama:
“It is because men and women of every
race, from every walk of life, continued to march for freedom long after
Lincoln was laid to rest, that today we
have the chance to face the challenges
of this millennium together, as one
people – as Americans.”
Support the DBA
Home Project!
Help us reach our goal of
$60,000 and help build
our 18th house for Dallas
Area Habitat for Humanity.
For more information,
contact Co-Chairs Chris
Brown (chris.brown@
klgates.com) or Scott
Conrad (sconrad@settlepou.
com), or visit www.dbahp.
com.
tees; past chair of the board of trustees
for the Baylor College of Dentistry;
board of directors for the Dallas Zoological Society; and a member of the
Supreme Court of Texas Task Force on
the Charge to the Jury.
Current service includes: chair of
the board of trustees for the Baylor Oral
Health Foundation; board of trustees
for the Southwestern Medical Foundation; and University of Texas at Dallas
board of development, executive committee. Additionally, he was recently
named to the board of the Hillcrest
Foundation.
He is a member of the Salesmanship
Club of Dallas, Dallas Assembly, Dallas
Citizens Council and a past president
of the The Dallas Breakfast Group. He
takes pride in supporting SMU, and his
involvement is ongoing.
He a member of the Dallas Bar
Association, the State Bar of Texas and
the American Bar Association, and has
served as Chairman of countless committees through the years for all three
associations.
George joins a prestigious group
of Justinian Award recipients which
include: Hon. Ron Kirk, George
W. Coleman, Sam P. Burford Jr., T.
Michael Wilson, Michael M. Boone,
John Andrew Martin, Robert Hyer
Thomas, Jerry C. Gilmore, Darrell Jordan, Forrest Smith, Adelfa
B. Callejo, Henry Gilchrist, P. Mike
McCullough, Edward J. Drake, Harriet E. Miers, Hon. Louis A. Bedford
Jr., Vester T. Hughes Jr., Sidney Stahl
and Marshall J. Doke Jr.
Several colleagues offered their
thoughts about their friend, George
Bramblett.
Gerald Ford, who has known him
since college, said, “George Bramblett
is a frustrated disc jockey/announcer
from El Dorado, Ark., who masquerades during the day as an outstanding
lawyer. He has supported more losing
political candidates than me, which
must be a record. George has the perfect combination of wit and wisdom
with a fair amount of mischief. He is a
credit to his family, his profession and
his community, and is most deserving
of the Justinian Award.”
Longtime friend Sam Burford said,
“I cannot think of any attorney more
worthy of the Justinian Award than
George. Since our law school days at
SMU, George has been an example of
what trial lawyers, and for that matter,
all lawyers, strive to become: smart and
resourceful, tenacious in representing
clients and successful by any measure,
not only in bar activities, but also in
community leadership roles. George
simply represents the best in all aspects
of the legal profession.”
Law partner Mike Boone having
known George for 40 years and practiced law with him more than 35 years
says, “George is an excellent lawyer
and leader because he has good judgment on the most complex issues. I can
say without qualification that he is a
lawyer’s lawyer. These are some of the
reasons why he is so deserving of the
Justinian Award.”
Distinguished judges for the 2009
Justinian Award, who selected this
year’s recipient, are Linda Custard,
Tom Dunning, Arnie Holtberg, Roger
Horchow and Rowland Robinson.
Cal Jillson, professor of political
science at Southern Methodist University, will be the keynote speaker for
the 2009 Justinian Award Luncheon on
Wednesday, April 22. His topic will be
“Politics in Texas and the U.S.: Governing When Crises Come in Waves.”
George and his wife Pedie are longtime members of the Highland Park
Presbyterian Church, and they look
forward to having their pastor, Dr. Ron
W. Scates, give the invocation at the
luncheon.
Therese Rourk and Susan McCombs
are serving as co-chairs of the 27th
Annual Justinian Award Presentation.
Jan Lamoreaux is president of the Dallas Lawyers Auxiliary.
Please make plans to join George as
he receives the 27th Justinian Award
on April 22 in The Pavilion at the
Belo Mansion. For reservations, contact Tina Gwinn at 214-526-9828.
For additional information, call Therese Rourk at 972-385-9618, or Susan
HN
McCombs at 214-750-0046. Mary Lee Cox is a past president of the Dallas Lawyers
Auxiliary and a past Justinian Award chairman.
$10,000
$0
Mail checks (payable to Dallas
Area Habitat for Humanity) to
Dallas Bar Association, c/o Teddi
Rivas, 2101 Ross Ave., Dallas, TX
75201.
On April 22, DLA will present the Justinian Award to George Bramblett. Each year, a panel of civic
leaders selects the recipient. This year’s judges include: Tom Dunning, Rowland Robinson, Linda
Custard, Arnie Holtberg and Roger Horchow (left to right on steps). This distinguished panel is
pictured here with event co-chairs Susan McCombs (far left) and Therese Rourk (far right), as
well as DLA President Jan Lamoreaux (center of back row).
14 H e a d n o t e s l D a l l a s B a r A ss ociation In the News
A pri l 2009
April
ON THE MOVE
Robert J. Bogdanowicz III has joined
Thompson, Coe, Cousins & Irons, LLP.
Craig Albert has joined Cherry, Petersen
& Landry, LLP, and will serve as chair of
the firm’s litigation section.
Barbara M. Boudreaux and Y.W. Peter
Chen have joined Munsch Hardt Kopf
& Harr, P.C. as associates.
Aliaquanda L. Derrick and Jude T.
Hickland have joined Jackson Walker
L.L.P. as associates.
Laura F. Hatton, Michael Ma and
Michele Sheets have joined Burford &
Ryburn, L.L.P as associates.
Jeffrey W. Hellberg Jr. has joined Wick
Phillips, LLP as a partner.
Michael Stacy and William M. Ucherek
II have joined Juneau, Boll, Stacy &
Ucherek, PLLC.
Paul E. Ridley has joined Canada
Ridley, LLP as a partner. The firm has
relocated to 223 E. College Street in
Grapevine.
Natalie M. Roberts has joined Fisher &
Phillips LLP as an associate.
Richard Roper has joined Thompson
& Knight LLP as a senior partner in the
white-collar crime practice. Jennifer M.
Avery and Emily S. Tubb have joined
the firm as associates.
Jeffrey R. Sandberg has joined Palmer
& Manuel, LLP.
THE TRUST HAS
YOU COVERED
Mark A. Shank has joined Gruber Hurst
Johansen Hail L.L.P. as a partner.
Thomas L. Woodman has joined Greenberg Traurig LLP as a shareholder. John
R. Huffman and Stephanie R. Smiley
have also joined the firm.
KUDOS
Barrett Howell, of Winstead, P.C., has
been named president of the board of The
PLAN Fund, a non-profit organization that
develops small business entrepreneurs.
James J. Juneau, of Juneau, Boll, Stacy &
Ucherek, PLLC, has become of counsel.
Talmage Boston, of Winstead PC, has
published the book Baseball and the Baby
Boomer which is available now in stores.
Jason R. Kennedy, Christopher D. Montez and Todd R. Nectoux, of Thomas
Feldman & Wilshusen, LLP, have been
named partners.
U.S. District Judge Jane Boyle and
Robert A. Gwinn are recipients of the
SMU Distinguished Alumni Award.
Jeffrey P. Kitner, David S. Stolle and
Lee A. White, of Jackson Walker L.L.P.,
have been named partners.
Thelma S. Clardy has been selected
“Big Sister of the Year” for the southern
region of Dallas County for Big Sisters
Big Brothers.
Michael Lowenberg, of Gardere Wynne
Sewell LLP, will serve a two-year term as
chairman of the Dallas County Historical
Commission.
Eduardo S. Espinosa, Sean W. Fleming, John R. Hardin, Gavin E. Hill and
Christopher D. Kratovil, of K&L Gates
LLP, have been named partners.
Nicholas Even, of Haynes & Boone, LLP,
has been appointed to the board of directors for The Arts Community Alliance.
Gerard “Jerry” Fazio, a partner in
Owen & Fazio, P.C, received the President’s Award from Texas Association
of Defense Counsel. Camp Summit has
also honored Mr. Fazio with their 2008
Remarkable Volunteer Award.
Jim L. Flegle, a partner at Loewinsohn
Flegle Deary, L.L.P., has been named
president of the Dallas Chapter of the
American Board of Trial Advocates.
Omar Galicia, of Wilson Elser Moskowitz Edelman & Dicker LLP, has been
named partner.
Kevin S. Mullen, of Littler Mendelson,
has become a shareholder.
Lawrence G. Newman has authored The
Complete Guide to Nonprofit Corporations,
available from Knowles Publishing Inc.
Peter J. Riley, of Thompson & Knight
LLP, was elected to his ninth term as
the firm’s managing partner. Jane Politz
Brandt, Andrew B. Derman, Mary A.
McNulty, Stephen C. Rasch, William J.
Schuerger, Mark M. Sloan and Bruce S.
Sostek will serve on the firm’s management committee in 2009. Additionally, J.
Michael Heinlen, Joseph S. Pevsner and
Richard B. Phillips Jr. have been named
partners in the firm.
David M. Rosenberg, of Thompson &
Knight LLP, has been appointed to The
Catholic Foundation’s Board of Trustees
for a three-year term.
Steven D. Sanfelippo, of Rose Walker,
LLP, has been named partner.
David H. Segrest, a partner with Gardere
Wynne Sewell LLP, received the 2009
Distinguished Alumnus Award by the
Texas Tech University School of Law.
Murray Smith, of Haynes & Boone, LLP,
has been named partner.
N. Tobias Smith, of Strasburger & Price,
LLP, has been named partner.
News items regarding current members of
the Dallas Bar Association are included
in Headnotes as space permits. Please
send announcements to Judi Smalling at
jsmalling@dallasbar.org.
‘History of the Solicitor General’s Office’
SPEAKER: James C. Ho, Solicitor General of Texas
Thursday, April 16 ~ Noon ~ The Belo Mansion
Solicitor General James Ho previously served at the Department of Justice,
and as a law clerk in 2005 for U.S. Supreme Court Clarence Thomas.
Co-sponsored by the DBA Appellate Section and the Business Litigation Section.
DBA Hosts Judicial Investitures at Belo Mansion
The Dallas Bar Association hosted the
judicial investitures of four judges
at the Belo Mansion in early 2009.
Former U.S. Ambassador Robert Jordan introduced Hon. Mary Murphy, a
justice on the Fifth District Court of
Appeals, who was sworn in by Chief
Justice Linda Thomas (left to right,
photo to the left).
The State Bar of Texas Insurance Trust
specializes in helping all Bar Members and
their eligible employees obtain complete
insurance coverage at any point in their lives.
From health insurance to long term disability
insurance, the Trust has you covered.
U.S. District Judge Barbara Lynn
(center, photo below), delivered the
oath of office to Judge Ken Molberg,
of the 95th District Court, and Judge
Eric Moyé, of the 14th District Court
(left to right). They were introduced
by Roger G. Williams and State Rep.
Rafael Anchia, respectively (not pictured).
Your quote is only a phone call or click away.
Visit www.sbotit.com or call 800.460.7248.
Judge Gracie Lewis, of the Criminal District Court No. 3, (center)
was introduced at her investiture by DBA President Christina
Melton Crain and Judge Cheryl Lee Shannon, of the 305th District Court (left to right).
April 2 0 0 9 Dal l as Bar A ssoci ati on l Headnotes 15
Classifieds
April
POSITIONS AVAILABLE
North Dallas AV-rated firm with a varied and sophisticated practice is seeking:
a seasoned civil litigation attorney with 5
to 15 years courtroom experience. Must be
motivated and highly organized to work
in a fast-paced environment with minimal supervision. Submit resume by fax to
214-346-4404.
Small North Dallas-based firm with a
national real estate and hospitality practice is seeking an experienced legal secretary. Must have excellent word-processing
and communication skills and an ability
to work in a fast-paced environment. Send
resumes in confidence to Law Firm, P.O.
Box 2321, Addison, TX 75001.
Small full-service law firm seeks commercial litigation associates for its office
near the Las Colinas area of Dallas-Ft.
Worth. Experience in commercial litigation is desired but not required. Recent
law school graduates who are licensed to
practice law are encouraged to apply. The
firm offers a negotiable salary, a bonus, and
the opportunity to work on large matters
for important clients, with early responsibility, in a highly active, but interesting,
environment. A resume, transcript, and
writing sample are requested. Submit to
cvreply111@yahoo.com.
Seeking Transactional or Family Law
Attorney with 3+ years experience and
portable business to join expanding firm
with three litigators whose clients need
transactional and family law representation. We are seeking an attorney that wants
to move their practice to an ambitious firm
on a partnership-like compensation plan
and benefit from the support system of an
established firm to assist in growing their
business. We offer a generous compensation structure enabling the attorney to
retain the vast majority of the fees earned.
Located in North Dallas (635 and Josey).
Reply to Robert Jenkins of Jenkins | Babb,
LLP by e-mail: Robert@JenkinsBabb.com.
Legal Secretary/Paralegal for major insurance company staff counsel office. Minimum 5 years civil litigation/insurance
defense experience required. North Dallas
location at Tollroad/ LBJ Freeway. Preference given to secretaries/paralegals who
have worked in an Allstate staff counsel office and/or who have been trained
in CLMS or similar litigation data programs. Competitive salary, full benefits.
Send resumes with salary requirement
to Dallas Bar Association, Box 04-09A,
2101 Ross Avenue, Dallas, TX 75201.
OFFICE SPACE
Mockingbird & 75: Part-time/overflow
legal secretary needed for 20+ hours a
week. Please send resume to gayla@
hubblelaw.com.
Two window offices in small AV-rated
transactional law firm located at North
Dallas Tollway and Beltline. Dallas
address. Full services. Space refurbished in
October – like new – in Class A building.
Restaurants and retail abound Email: ron@
theholmesfirm.com.
Associate Attorney. Dismuke, Waters &
Sweets, P.C., an AV-rated law firm located
in Arlington and Southlake, seeks an
associate with 3+ years of experience in
estate-planning/probate, general business
transactions and real estate. Candidates
must have the ability to assume significant responsibility. Please send resume
with salary requirements to the Human
Resource Manager at jwinter@dws-law.
com.
POSITION WANTED
Bankruptcy, family law or estate-planning. Licensed 06 SMU J.D. currently
performing estate-planning consulting
for a large insurance company looking
to transition into bankruptcy, family law
or estate planning practice. Respond to
gp2m@yahoo.com.
Attorney experienced in federal income
tax available for consulting and research
engagements: partnerships, corporations,
consolidated groups, energy/oil & gas,
transactional planning, and IRS controversies. 29 years State Bar of Texas.
Philip D. Roach, J.D., LL.M, C.P.A.;
214-642-5189; Dallas, Texas; philiproach
@rocketmail.com.
Need assistance without hiring a fulltime attorney? Experienced attorney with
top credentials is available to work on a
contract or co-counsel basis in the areas
of litigation, trusts, estates, and guardianships. Negotiable rate. Please submit
inquiries to Attorney316@yahoo.com.
DVAP’s Finest
Ceaser Espinoza
Ceaser Espinoza is a professor of legal studies at El
Centro College and founder of the Foundation for
Equality Law Center, a nonprofit association. As a
young attorney, he is grateful for the forum DVAP
provides to give back to the community; which is an
interest he cultivated during his time at Oklahoma
City University School of Law. As fate would have it,
he now preaches the necessity for pro bono services
in his own classroom. Practicing what he preaches,
he maintains a caseload of several bankruptcy cases
from DVAP at all times and has recently accepted
several Spanish-language estate planning matters.
He asserts that DVAP’s excellent intake process and
document collection make the representation of several clients very manageable. For him, helping clients overcome financial struggles
during tough economic times is one of the duties of his profession; and watching
indigent clients shed tears of joy after receiving a fresh start is what makes his profession honorable. Thank you, Ceaser!
Pro Bono: It’s Like Billable Hours for Your Soul.
To volunteer or make a donation, call 214/748-1234, x3316.
Perfectly located Preston Center/Park Cities law office has offices with secretarial stations lease. Amenities include great officemates, receptionist and reception area,
conference rooms, law library, full-stocked
kitchen, phones, copiers, fax and postage machines, and underground parking.
Details: Call Carl Roberts 214-696-3200.
Two attorneys needed for office-sharing
in excellent offices. First Floor, Campbell
Centre II, S.E. corner N. Central Exp. and
N.W. Hwy. Library available. Call Clarence Bentley 214-987-0455.
Office space in historic house in Uptown.
One large office with fireplace and builtin bookshelves available for lease in historic house in Uptown. Receptionist;
conference room; kitchen, etc. provided.
$1,200 per month. Call Mick Mickelsen,
214-720-9552, for inquiries.
Window office at Premier Place, with shared
use of our conference room, kitchen, telephone system and copier. Share space with
real estate and business law practice. Contact Robert McTaggart at 214-265-1914 or
Robert@McTaggartLaw.com.
Northpark/Central Expwy – Law firm
has two large partner offices for sublease in
Class A building. Best views in town overlooking downtown and Park Cities. Great
location with excellent finish out, elevator
exposure and easy access to/from Central
Expwy. Includes use of large conference
room, secretarial space and kitchen. Highspeed DSL, telephones, copier/scanner
and on-site storage also available. Call
214-292-4202.
Uptown Dallas office space. Two law
offices and secretarial space for rent in
boutique litigation law firm, 650 square
feet. Parking and access to DART. Use of
conference rooms, copy/mail center and
kitchen. Great opportunity for Patent and
IP lawyers to share business. Contact Elena
at 214-969-9099.
Crescent – Fabulous space with view to
share with litigation shop accommodating
1 to 3 lawyers. Giant conference room; elevator exposure and all infrastructure ready.
E-mail inquires to: busch@buschmyers.
com.
North Dallas Tollway (Galleria area)
office space. Hardwood floors and wood
paneled walls in common areas. One office
(approx. 13.5 x 13.5) and built-in mahog-
any secretarial carrel. Access to conference
rooms, copier, postage meter and kitchens.
Receptionist services available. Call Kristi
at 972-934-4100.
North Central – University Park Area.
Penthouse of the Meadows Bldg., spacious
window office, balcony. Share office with
small AV-rated law firm. Conference room/
library, reception area, secretarial station,
voicemail, copier, fax, high-speed Internet,
covered parking and DART station available. Call Sandy at 214-363-6633.
Walnut Glen Tower (Walnut Hill/Central
Expwy) Office: Spacious office in relaxed,
yet professional 3-lawyer environment,
including secretarial station, conference
room, kitchen, phones, copier, DSL line,
easy access, garage parking, penthouse view
and other amenities. Call 214-750-1600
for details.
Financial-Planning firm in Coit Central
Tower, 635 & I-75 has 3 window offices
available for sublease now. Amenities
include use of beautiful reception area,
conference room and kitchen. Sublease
1 to 3 offices. Contact Michael Whidden
at 972-980-9790 or Michael.whidden@
raymondjames.com.
4054 McKinney Ave. Real Estate law firm
has office available with shared kitchen,
copier, DSL, and conference room. Possibility of referral work. Call Tom Smith at
214-520-0600.
Downtown Dallas. Class A space in downtown law firm. Up to three adjoining window and two interior office spaces, two secretarial stations. Various parking options.
One block from DART station. Includes
use of conference rooms and kitchen. Call
Donna 214-939-9000.
SERVICES
Parole Attorney – Chris Koustoubardis.
Referral fees paid, former parole administrative law judge, former parole officer. Parole
revocation hearings. TDCJ parole packets.
Criminal defense / bail bonds. Telephone
214-503-1727.Facsimile 214-349-5843.
Chriskoustoubardis@msn.com.
INCORPORATION
Dallas Attorneys! Easily and instantly
form an LLC or corporation for your client’s business, and get the filed charter,
an impressive Corporate Record Book
with documents fully customized to your
specifications, a Federal Tax ID for the
new entity, and professional registered
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Texas attorneys for 28 years. Many other
services available. Call toll-free for friendly
particulars, 888-474-2112, e-mail maindesk@LawyersAidService.com or check
our Web site.
When You Cannot Help a Prospective Client,
Remember ...
The DBA Lawyer Referral Service!
(214) 220-7444
„Qualified panel of lawyers in all areas of practice and most
areas of town.
„$20 fee to the client for a 30-minute
consultation with a lawyer.
„All lawyers carry professional
A joint legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas
(formerly Legal Services of North Texas).
malpractice insurance.
16 H e a d n o t e s l D a l l a s B a r A ss ociation A pri l 2009
Revealing Client Confidence to Free the Wrongly Convicted?
By Fred C. Moss
I
n one week in 2008, lawyers in
Virginia and Illinois revealed
similar nightmares that had been
tormenting them for years. Both had
been told by their clients that another
person had been convicted of a crime
they did not commit. However, both
lawyers had been prevented by their
ethics rules from revealing the truth.
In Chicago, a client of two lawyers had admitted murdering a man
and said that an innocent man, Alton
Logan, had been imprisoned for life for
the crime. Independent evidence corroborated the client’s story. However,
he swore the lawyers to secrecy while
he lived. Logan sat in prison for 26
years until the client died, freeing the
lawyers to come forward. As a consequence, Logan was freed.
In Virginia, Leslie Smith, the lawyer for a co-defendant in a murder
case, learned from his client that the
prosecutors had coached him to testify that his co-defendant was the triggerman. This was critical, since under
Virginia law, only the triggerman can
be executed. The state bar told Smith
that he was duty-bound to keep this
information secret, because revealing it could put his client on death
row. The co-defendant was convicted
and sentenced to death. Smith’s client
received a life sentence. Ten years later,
while the state was still attempting to
execute the co-defendant, the bar told
Smith that he was now free to reveal
his client’s secret because the client’s
case was concluded. After Smith came
forward, the co-defendant’s sentence
was commuted to life imprisonment.
These cases, and the half a dozen
others like them that have come to
light in the last 40 years, raise ques-
tions about the legal profession’s ethics rules. Should they prevent a lawyer
from revealing a client’s confidence to
free the wrongly convicted? At least,
should not the rule permit disclosure
to prevent the execution of an innocent person?
The Texas Disciplinary Rules of Professional Conduct do not permit either.
Ethics Rule 1.05 requires a lawyer to
reveal a confidence when a client “is
likely to commit a criminal or fraudulent
act that is likely to result in death or substantial bodily harm to a person.”
While remaining silent when
another is imprisoned or even executed for your crime may be immoral,
it is not a “criminal or fraudulent act.”
Ethics Rule 1.05 does permit lawyers to reveal client confidences “to
rectify the consequences of a client’s
criminal or fraudulent act in [which]
the lawyer’s services had been used.”
This section might apply to the Virginia case mentioned above if the
lawyer knew his client was committing perjury when he testified that his
co-defendant was the killer. However,
the rule does not apply when the client simply refuses to permit his lawyer
to reveal that another had been convicted for his crime. Should it?
As the result of a similar case, Massachusetts adopted an exception to the
duty of confidentiality that permits the
disclosure of a confidence “to prevent
the wrongful execution or incarceration of another.” No other state has
adopted a similar exception.
The publicity surrounding the Chicago and Virginia cases prompted a
subsection of the ABA’s Criminal Justice Section to propose an amendment
to the Model Rules of Professional
Conduct similar to the Massachusetts
rule. After much criticism, the proposal was amended to allow lawyers
to reveal confidences only of deceased
clients. To date, the proposal has not
reached the ABA House of Delegates
for a vote.
In November 2008, the DBA Legal
Ethics Committee held a panel discussion about the exceptions in Massachusetts and proposed by the ABA
subsection. The panel, moderated by
the author, comprised former federal
prosecutor Tom Melsheimer, criminal
defense attorney Doug Mulder, and former criminal court judge Keith Dean.
A major concern of the panelists
was that the exception might require
a criminal law practitioner to warn the
client at the outset of the relationship
that the lawyer was free to disclose
that another had been imprisoned for
a crime that the client had commit-
ted. However, the panel discussed how
infrequently attorneys probably warn
their criminal clients about the other
existing exceptions to the lawyer’s duty
of confidentiality.
The panelists seemed to agree that
if the client somehow could be immunized from prejudice by the disclosure,
they would favor an exception to the
duty of confidentiality.
As the incarceration of the wrongly
convicted continues to make the news
and be of concern within the legal
community, professional associations
will surely continue to explore exceptions to ethics rules regarding client
HN
confidence. Fred C. Moss is an associate professor at SMU Dedman
School of Law where he teaches ethics, criminal law, evidence, and trial practice. He was formerly a lecturer at the
Harvard Law School and an assistant U.S. attorney. He can
be reached at fmoss@mail.smu.edu.
‘Bar None’ Auditions
Tuesday, April 7 ~ 5:30 to 7 p.m. ~ The Belo Mansion
Bar None XXII is looking for actors, singers and dancers! All who audition will be
cast, per historical “policy.” The annual Bar None show consists of skits and songs
poking fun at lawyers, the law and current events — and benefits the Sarah T. Hughes
Diversity Scholarship at SMU Dedman School of Law. To be considered for solo or
small group musical numbers, bring sheet music for the furnished pianist. Those wishing to dance should be prepared to discuss their dance background with the show’s
choreographer, and those wishing to act should be prepared to read “cold” or perform
a 2- to 3-minute acting piece of their choice.
The show will take place June 17-20; rehearsals will begin May 2.
For more information, contact Martha Hardwick Hofmeister,
the show’s director, at mhardwick@shacklaw.net.
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