HEADNOTESDallas Bar Association

HEADNOTES

Inside

Focus Probate/Trusts & Family Law

Representing an Estate’s Creditors in Probate

August 2009 Volume 33 Number 8

Filing, researching, photocopying, sorting mail and delivering documents. These may seem like mundane tasks for a veteran lawyer or seasoned paralegal, but for a high school student, these chores lead to the opportunity of a lifetime.

Since 1994, the DBA has interviewed thousands of high school students and placed nearly 500 teenagers in law firms and corporate legal departments for eight weeks during the summer. The companies pay the students a reasonable wage, while giving them a glimpse into the legal profession.

In cooperation with Dallas ISD, more than 20 students who are entering their senior years are chosen annually to experience the structure and demands of an office environ-ment. Simultaneously, they gain self-confidence and learn about professionalism. During the two-month program, the interns also enjoy courthouse tours and other educational programs hosted by the DBA.

One of the program’s first interns described the experi-ence: “I feel that each time they give me a task they are show-ing confidence in me. Knowing that someone believes in me and my abilities gives me courage to strive harder.”

The program is supported by the Dallas Bar Foundation, and would not be possible without the generosity of the firms and legal departments who open their doors each year to new interns.

Thanks to the Thompson & Knight Foundation, an intern was placed this summer at the Dallas Volunteer Attorney Program.

“This innovative concept will allow a student to witness firsthand the incredible work being done for low-income resi-dents with important legal needs. The foundation and Cindy Pladziewicz created an idea that other firms could mirror in the future,” DBA President Christina Melton Crain said.

Co-chairs for the 2009 Summer Law Intern Program are Lea Clinton, Everett New and Hope Shimabuku. To get involved in next year’s Summer Law Intern Program, contact Amy Smith at asmith@dallasbar.org. HN

Inspired Women of the DBA

Thanks to TK & Other Firms, Interns Shine

Creditors of decedents’ estates often have their claims barred because they don’t understand the process set forth in the Probate Code for handling claims.

For most creditors, the process begins by presenting their claim. Presentation requires a written, specific claim for money, including supporting documentation and a proper affidavit. If a claim is not properly documented, a dependent administrator can reject the claim, regardless of its merit. Generally, a claim may be presented to the personal representative, the representative’s attorney or filed with the court.

A creditor must also meet certain dead-lines or the claim may be barred. Those deadlines are triggered by notices sent from the personal representative or by the gen-eral statutes of limitations.

A personal representative may send per-missive notices to any unsecured creditor. Any claim held by an unsecured creditor that is not presented within four months of receipt of the permissive notice is barred. It is a good idea for unsecured creditors to send their presentment via a delivery method that confirms date and time of receipt, such as certified mail with return receipt requested. If the personal representative does not send permissive notices, an unsecured creditor may present a claim at any time before the general statute of limitations has run.

Once the unsecured claim has been pre-sented, the personal representative must reject or allow the claim. A personal rep-resentative can reject a claim for defects in form. If the personal representative does nothing with the claim for 30 days, then

By William D. Houser anD amanDa TrankovicH

see represenTing page 6

3 Bar Associations Lend Hand to Students

10 The Basics of Adoption in Texas

16 Sole Management Community Property

Representing 16 Dallas high schools, this year’s summer law interns are working for 18 different employers.

More than 500 members of the Dallas legal community were “inspired” by esteemed women of the bar who relayed humorous and honest insights into professionalism and how they have reached the pinnacles in their careers. For the second consecutive year, a full house came to the Belo Mansion for the “Inspiring Women” CLE event, hosted by the DBA Legal Ethics Committee. Those participating in the midday program included Pat Villareal, U.S. District Judge Jane Boyle, Betsy Whitaker, Rhonda Hunter, Karen Gren Johnson (program coordinator), Professor Linda Eads (moderator), DBA President Christina Melton Crain and Madeleine Johnson (left to right).

ENSURING EQUAL ACCESS TO JUSTICE

Tickets $25

Saturday, August 8 Granada Theater

For more information, visit www.dbalawjam.org.

By Darlene HuTcHinson BieHl

2 Headnotes l Dal las Bar Assoc ia t ion August 2009

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.

Calendar August Events Visit www.dallasbar.org for updates on Friday Clinics and other CLEs.

FRIDAy ClInICSAugust 7 – Belo MansionNoon “ERISA: Claims and Disputes,” Mark Johnson. (MCLE 1.00)*

August 14 – north Dallas**Noon “Frequently Raised Issues in DWI Cases,” Hon. Elizabeth Crowder. At Two Lincoln Centre is located at 5420 Lyndon B. Johnson Frwy., Suite 240, Dallas, TX 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. (MCLE 1.00)*

August 21 – Belo MansionNoon “Business Planning for Attorneys,” Doric Earle.

WEDnESDAy, AUGUST 1211:30 a.m. House Committee Walk-Through

Noon CLE Committee Christian Lawyers Fellowship DAYL Judiciary Committee

5:15 p.m. LegalLine

THURSDAy, AUGUST 13 11:30 a.m. DAYL Barristers for Babies Noon Collaborative Law Section “The Uniform Collaborative Law Act: Its Creation & Impact,” Larry Maxwell and Sherrie Abney. (MCLE 1.00)*

“What Every Young Lawyer Should Know About Summary Judgment,” sponsored by DAYL.

Admissions & Membership Committee Publications Committee Speakers Committee Dallas Asian American Bar Association DAYL Freedom Run Committee

6 p.m. J.L. Turner Legal Association

FRIDAy, AUGUST 14Noon Friday Clinic – North Dallas** “Frequently Raised Issues in DWI Cases,” Hon. Elizabeth Crowder. Two Lincoln Centre is located at 5420 Lyndon B. Johnson Frwy., Suite 240 Dallas, Texas 75240. Parking is available in the Visitor’s Lot located in front of the entrance to Two and Three Lincoln Centre. There are several delis within the building. Food is allowed inside the Conference Center. (MCLE 1.00)*

Trial Skills Section “Communicate to Teach,” W. Mark Lanier. (MCLE 1.00)*

MOnDAy, AUGUST 17 Noon Labor & Employment Law Section “Highlights of the Labor and Employment Opinions Issued by the U.S. Supreme Court in Its 2008-2009 Term,” Jim Cuaderes. (MCLE 1.00)*

TUESDAy, AUGUST 18 Noon Franchise & Distribution Law Section Topic Not Yet Available.

Entertainment Committee Law in the Schools and Community Committee DAYL Elder Law Committee

WEDnESDAy, AUGUST 19 Noon Law Day Committee Library Committee Pro Bono Activities Committee Municipal Justice Bar Association Non-Profit Law Study Group DAYL Networking Seminar

5:15 p.m. LegalLine

THURSDAy, AUGUST 20 8 a.m. Review of Oil & Gas Law XXIV, sponsored by the DBA Energy Law Section. Includes federal and state legislative updates and case law updates. For more information, contact Sandra at SLAnderson@pattonboggs.com.Noon Minority Participation Committee Dallas Criminal Defense Lawyers Association

MOnDAy, AUGUST 3Noon Tax Section Topic Not Yet Available.

Peer Assistance Committee

TUESDAy, AUGUST 4Noon Corporate Counsel Section “2009 Legislative Update,” Mark Vane. (MCLE 1.00)*

Tort and Insurance Practice Section “Top 10 Reasons Property Damage Claims Are Denied,” James LaRoe. (MCLE 1.00)*

Judiciary Committee Morris Harrell Professionalism Committee

6 p.m. DAYL Board of Directors

WEDnESDAy, AUGUST 5Noon Employee Benefits & Executive Compensation Section Topic Not Yet Available.

Solo & Small Firm Section “Law Practice Management: Planning for the Future of You and Your Practice,” Scott M. Baker. (MCLE 1.00)*

Public Forum Committee DAYL Environmental Awareness Committee

THURSDAy, AUGUST 6 Noon Construction Law Section “Documentation of Change Orders and Claims,” Timothy R. Overman. (MCLE 0.75)*

DAYL CLE Committee

1 p.m. Family Law Section Board

FRIDAy, AUGUST 7 Noon Friday Clinic – Belo** “ERISA: Claims and Disputes,” Mark Johnson. (MCLE 1.00)*

3 p.m. High School Mock Trial Case-Writing Committee

SATURDAy, AUGUST 85 p.m. Law Jam 2 at the Granada Theatre, benefitting DVAP and pro bono legal service to the poor. Evening includes seven local lawyer bands, silent and live auction of musical instruments and memorabilia. Purchase tickets at http://www.dbalawjam.org.

MOnDAy, AUGUST 10 Noon Alternative Dispute Resolution Section “Ethics of Negotiation,” Jerome Levy. (Ethics 1.00)*

TUESDAy, AUGUST 11Noon Business Litigation Section “Legislative Update,” Rep. Chris Turner and Rep. Robert Miklos. (MCLE 1.00)* DAYL Equal Access to Justice Committee

3:30 p.m. Investiture for Hon. Robert Fillmore (Fifth District Court of Appeals) and Hon. John Peyton (Dallas County Probate Court). Reception immediately following.

4 p.m. Senior Lawyers Committee6 p.m. Home Project Committee

Dallas Black Criminal Bar Association Dallas Gay & Lesbian Bar Association UPL Subcommittee

3:30 p.m. DBA Board of Directors

FRIDAy, AUGUST 218 a.m. Review of Oil & Gas Law XXIV, sponsored by the DBA Energy Law Section. Includes federal and state legislative updates and case law updates. Contact Sandra at: SL Anderson@pattonboggs.com for more info.

9 a.m. Immigration and Employment Law CLE, sponsored by the Dallas Volunteer Attorney Program & Catholic Charities. Noon Friday Clinic – Belo “Business Planning for Attorneys,” Doric Earle. Children’s Justice Project Training CLE, sponsored by DVAP. For more information, contact Chris Reed-Brown at: reed-brownc@lanwt.org.

3 p.m. High School Mock Trial Case-Writing Committee

MOnDAy, AUGUST 24Noon Computer Law Section Topic Not Yet Available.

Securities Law Section “Securities Litigation Trends,” David Dodds, Larry Ranallo and Patricia Villareal. (MCLE 1.00)*

Criminal Justice Committee

TUESDAy, AUGUST 25Noon Courthouse Committee American Immigration Lawyers Association Dallas Bar Foundation DAYL Aid to the Homeless Committee

6 p.m. Dallas Hispanic Bar Association

WEDnESDAy, AUGUST 26Noon Sports & Entertainment Law Section “Media-Savvy Litigation in the Internet Age,” David Margulies. (MCLE 1.00)* Juvenile Justice Committee Legal Ethics Committee DVAP New Lawyer Luncheon

THURSDAy, AUGUST 2711:30 a.m. Dallas Bar Foundation

Noon Criminal Law Section Topic Not Yet Available.

Environmental Law Section Topic Not Yet Available.

Mentoring Committee

FRIDAy, AUGUST 28Noon Intellectual Property Law Section Topic Not Yet Available. Media Relations Committee Collaborative Law Section Board

MOnDAy, AUGUST 31No DBA meetings scheduled.

TUESDAy, SEPTEMBER 1Noon Tort and Insurance Practice Section “2009 Legislative Update,” Brent Cooper. (MCLE 1.00)*

Judiciary Committee Morris Harrell Professionalism Committee

5 p.m. Bankruptcy & Commercial Law Section Topic Not Yet Available.

6 p.m. DAYL Board of Directors

WEDnESDAy, SEPTEMBER 2Noon Employee Benefits/Executive Compensation Section Topic Not Yet Available.

Solo & Small Firm Section Topic Not Yet Available.

Public Forum Committee DBA Community Service Fund DAYL Environmental Awareness Committee

THURSDAy, SEPTEMBER 3Noon Construction Law Section Topic Not Yet Available

Family Law Section Board St. Thomas More Society

FRIDAy, SEPTEMBER 43 p.m. High School Mock Trial Case-Writing Committee

You Are InvIted…Judicial investiture

Hon. Robert Fillmore, 5th District Court of AppealsHon. John Peyton, Dallas County Probate Court

Tuesday, August 11, 20093:30 p.m. at the Belo Mansion. Reception to follow.

Join the Dallas legal community

Honoring the career of l.A. Bedford Jr., the first African-American judge in Dallas, and celebrate the publication of

Quest for Justice: Louis A. Bedford Jr. and the Struggle for Equal Rights in Texas,written by Darwin Payne, Professor Emeritus SMU.

Thursday, August 27, 2009 ~ noonBelo Pavilion ~ Buffet Lunch ($12.76)

Sponsored by the DBF Board of Trustees. RSVP to 214-220-7487.

Quest For Justice was made possible by a grant from the Dallas Bar Foundation and a grant from the J.L. Turner Legal Association Foundation. For an autographed copy of the book, contact Elizabeth Philipp by August 20 at the Dallas Bar Foundation 214-220-7487 (Book cost: $24.35).

August 2009 Dal las Bar Assoc ia t ion l Headnotes 3

Special Mentoring Highlight

When an at-risk child has a caring adult as a mentor, the youngster is 52 percent less likely to skip school. This statistic, distrib-

uted by Big Brothers Big Sisters, dem-onstrates the enormous effect a person can have on another life.

The members of the Dallas Bar Asso-ciation have consistently answered the call to help students and young law-yers build successful lives and careers. In addition to the numerous mentor-ing and “pipeline” programs offered through the Dallas Bar Association, other groups of lawyers in Dal-las have created initia-tives to enhance the lives of Dallas’s youth, as well as college students.

With nearly 2,500 members, the Dallas Asso-ciation of Young Lawyers has been a leader in offer-ing mentoring programs within the community, and the organiza-tion has been an integral partner in the DBA’s E-Mentoring Esq. program.

In recent years under the leader-ship of Past President Laura Benitez Geisler, the DAYL launched Mentor Match, which pairs seasoned lawyers with newer attorneys. Through a data-base, mentees can identify mentors based on various criteria, including practice area, firm size, and age. Dis-cussions between the pairs may focus on rainmaking, work/life balance, and other aspects of practicing law.

Additionally, this year, DAYL Presi-dent Dena DeNooyer Stroh established a Teen Leadership Academy, and has invited two students from each public and private high school to participate in a weekend summit. A graduate of a Dallas ISD high school who attended Yale University, Ms. Stroh noticed that many outstanding students from Dallas attend out-of-state colleges and do not return to Dallas. The Teen Leadership Academy is intended to foster leader-ship skills in these students, as they hear from community leaders and learn about the city’s future and the impor-tance of community service.

Other DAYL programs include: n The Young Voters Committee

teaches students about the election process and the importance of voting.

n The Ties That Bind Commit-tee teaches high school students the importance of dressing appropriately and practicing professional etiquette.

n The Judicial Intern Committee provides an opportunity for law stu-dents to work with local judges for six weeks in an unpaid internship.

The Dallas Asian American Bar Association implemented a student scholarship program in 2008 that awards funds annually to a law student who attends a Texas law school and anticipates practicing law in the DFW area upon graduation.

Also, DAABA has partnered with the Asian Pacific American Law Stu-dent Association at the Dedman School of Law to conduct a mentoring program, which is coordinated by Mey Ly. Lawyers who are members of DAABA are paired with law students who are matched by professional interests and hobbies. The mentoring program provides a “sound-ing board” to students to get tips about what classes to take, the importance of networking, or activities in which to par-ticipate. According to Ms. Ly, DAABA hopes to expand its program to Texas Wesleyan students soon.

A third-year associ-ate at William L. Wolf, P.C., Mey Ly met her mentor, Patsy Yung Micale when she was a 2L at SMU. “Patsy, who was actively involved in TYLA, DAYL, DBA and DAABA, among other organizations, on top of maintaining a busy pri-

vate practice, had an incredible impact on me,” she says. Since then, Ms. Ly has followed in her mentor’s footsteps, and volunteers for numerous activities.

Ms. Micale, who serves as the 2009 president of DAABA, commented on how she benefitted as a mentor: “I am so incredibly proud of Mey Ly and the attorney that she has become. Aside from being good friends, our mentor-ship relationship really helped me keep a fresh perspective on practicing law, especially when I was feeling burnt-out at one point. Mey has a great attitude, and her enthusiasm for the profession can really rub off on you.”

Christie Villarreal, 2009 president of the Dallas Hispanic Bar Associa-tion, explains the establishment of the organization’s scholarship program: “After the sudden and unexpected death of one of our members, Daniel Benavides, the DHBA raised money to award a scholarship in Daniel Bena-vides’ name. With the money raised, the DHBA formed the DHBA Scholar-ship Foundation in 2006. Since then, the DHBA has raised over $100,000 through its annual scholarship dinner and has awarded over $30,000 in grants and scholarships to Texas law students and DISD students.”

This year, the 4th Annual Lighting the Path to Legal Education scholar-ship dinner will be held on September 30 (tickets are available at www.dal-lashispanicbar.com).

The DHBA Law Student Commit-tee also coordinates a mentorship pro-gram with students at the SMU Dedman School of Law and Texas Wesleyan Uni-versity, offering career guidance, as well as public service and pro bono opportu-nities. This committee, co-chaired this year by Elisabeth Wilson, Manuel Diaz and Scott Sullivan, plans additional events for mentees and mentors, such as meet-and-greets and a mock interview program. A few months ago, program participants volunteered at the North

Making Pipeline & Mentoring Programs a PriorityBy Darlene HuTcHinson BieHl

years,” he adds. Programs such as these are even more important to young pro-fessionals in this economic environ-ment, Mr. Anthony said. Founded in 1952, JLTLA is the African-American bar association in Dallas.

Every year since 1982, the JLTLA has also awarded scholarships to minor-ity law students that are from or attend-ing law school in the DFW area.

Dallas lawyers clearly understand that sustained relationships with students and young professionals can be equally benefi-cial to mentors and mentees – as well as to our communities. Finding time in a hectic schedule to offer guidance and support can often be challenging, but as these bar asso-ciations have demonstrated, the rewards are certainly worthwhile. HN

Darlene Hutchinson Biehl serves as the DBA communications/media director.

Texas Food Bank; community service projects can enhance the relationship between students and their mentors, while also demonstrating that busy law-yers can find time to “give back.”

DHBA members have also established the Cesar Chavez Reading Program to improve the skills of schoolchildren.

“The J.L. Turner Legal Associa-tion has long made mentoring a prior-ity,” according to JLTLA President Art Anthony. “This year, as in previous years, our Membership Committee is planning a social event with the aim of matching young students and attorney mentees with more seasoned attorneys.”

“The goal of this event will not be not only continue our tradition of help-ing young law students and lawyers tran-sition to law practice, but also to further networking and pipeline initiatives that have been underway for the last several

COURT OF CRIMInAl APPEAlSTO HEAR ORAl ARGUMEnT AT BElO

The Texas Court of Criminal Appeals will be at the Belo Mansion on Friday, September 11 to hear Oral Arguments, beginning at 12:30 p.m. All members are invited to attend.

RSVP to Amy Smith at asmith@dallasbar.org.

Members of the Dallas Hispanic Bar Association are involved in various mentoring projects, and recently the teams volunteered at a local food bank. Pictured left to right are: Fernando Rojero, Wladimir Meskelis, Rachel Mascorro, Manuel Diaz, Greg Oltmanns, Elisabeth Wilson, Matthew Espinosa and Lina Ferero-Nino.

4 Headnotes l Dal las Bar Assoc ia t ion August 2009

One love. One blood. You got to do what you should. One life. With each other. Sisters. Brothers. One life. But we’re not the same. We get to carry each other. Carry each other. One.

— Lyrics to the song “One” by Bono

In the song “One,” the Irish band U2 emphasizes the oneness of humanity and the necessity of supporting one another in times of crisis. As lawyers, we are in a unique position to heed this message,

because we have the ability to help, using our training, skill and time – not just our wallets.

It is a fact of life that everyone in the community is not in “the same” position, and those persons with real legal problems but the inability to hire lawyers to fight for their rights need sisters and broth-ers who will reach out to “carry each other.”

Nearly 15,000 attorneys prac-tice in Dallas and hundreds more in the outlying areas. Each year, these attorneys donate more than 25,000 hours to assist low-income residents with civil legal issues who could not otherwise afford an attorney. This is a phenomenal contribution. But with more than 1.2 million people in the DFW area qualifying for free legal aid, DVAP has only been able to scratch the surface to provide the needed assistance. More volunteers and more dollars are needed.

To shine a light on this dilemma, on August 8, 2009, the Dallas Bar Association will host Law Jam 2, a musical event to promote awareness of, encourage participation in, and raise funds for the Dallas Volunteer Attorney Pro-gram, the organization that recruits, trains and supports volunteer attorneys to provide pro bono legal services in Dallas.

While DVAP has done and continues to do extraor-dinary work – serving thousands of clients annually and earning numerous awards for its efforts – a huge demand for volunteer-attorney participation and financial support remains. National studies show that up to 80 percent of the civil legal needs of poor Americans go unmet, and the Dallas region is no exception. We all can and should do more.

Although everyone in society is not in “the same” position,

we do have one thing in common – music. In the words of Henry Wordsworth Longfellow, “Music

is the universal language of mankind.” Music does bring people together and allows us to experience the same emotions, showing us that people everywhere are the same in heart and spirit. This is where Law Jam 2 comes in.

In the spirit of the Concert for Bangladesh, Live Aid, Live 8 and a host of other benefit concerts, Law Jam 2 will also be a celebration of music with an important mes-

sage. However, Law Jam 2, chaired by the fabulous Martha Hardwick Hofmeister, has a distinct twist: Each of the participating bands has at least one member that is an attorney (exercising the right side of their brains for a change!).

The evening will consist of a series of sets by seven top-notch lawyer-led bands (including nearly 30 musicians) – Blue Collar Crime, The Catdaddies, Flashcube, Inde-pendent George, Second Hand Noise, The Usuals, and The Wreck-ing Crew.

In addition to some really great music (most of these bands regu-

larly perform at public venues and private parties), the evening will include a live and silent auction of musical instruments and memorabilia, and other sports and unique items.

The incomparable Jody Dean of KLUV will join us dur-ing the event to serve as master of ceremonies. But, most importantly, Law Jam 2 will be an opportunity to re-ener-gize the DBA and the legal community in its support of, and commitment to, pro bono efforts in our community.

Law Jam 2 is a “one night only” event. General admis-sion tickets are $25 and all proceeds will directly benefit DVAP. Those who wish to show extra support for DVAP are encouraged to become a “Law Jam Groupie” for $100, which includes admission to the concert, a commemora-tive Law Jam 2 T-shirt, drink tickets and special recog-nition at the event. And, of course, other sponsorship opportunities are also available.

To purchase tickets and/or to sponsor the event, visit www.dbalawjam.org\tickets.html or contact Judi Small-ing at jsmalling@dallasbar.org or 214-220-7452.

Come out and “rock for results”! It will be a great eve-ning for a great cause! HN

It’s Time to Rock for ResultsHeadnotes

Published by:DALLAS BAR ASSOCIATION

2101 Ross AvenueDallas, Texas 75201

Phone: (214) 220-7400Fax: (214) 220-7465

Website: www.dallasbar.orgEstablished 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.

OFFICERSPresident: Christina Melton CrainPresident-Elect: Ike Vanden EykelFirst Vice President: Barry SorrelsSecond Vice President: Paul K. StaffordSecretary-Treasurer: Bill MatejaImmediate Past President: Frank E. Stevenson II

Directors: Jerry C. Alexander, Arthur Anthony (President, J.L. Turner Legal Association), Kim Askew (at-large), Hon. Tena Callahan, Wm. Frank Carroll, Leon Carter, Rob Crain, Sally L. Crawford, Hon. Elizabeth H. Crowder, Laura Benitez Gei-sler, Hon. Marty Lowy, Scott McElhaney, Patsy Yung Micale (President, Dallas Asian-American Bar Association), Mary Scott, 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 (President-Elect, 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)

HEADNOTESExecutive Director/Executive Editor: Catharine M. MaherCommunications / Media Director & Headnotes Editor: Darlene Hutchinson BiehlCalendar: Kathryn Tarangioli In the News: Judi SmallingArt Director: Laura E. HeymannAdvertising: Karla Howes

PUBLICATIONS COMMITTEECo-Chairs: Anne Pohli, Timothy G. Ackermann and Suzanne Raggio WesterheimVice-Chairs: Vincent J. Allen and Lea N. Clinton Members: H. Joseph Acosta, Natalie Arbaugh, Sorana Ban, 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, Lisa Kivett, 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, Andrew Ryan, Gregory W. Sampson, Barry Sorrels, Paul K. Stafford, Scott B. Stahl, 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 STAFFExecutive Director: Catharine M. MaherAccounting Assistant: Shawna BushCommunications / Media Director: Darlene Hutchinson BiehlController: Sherri EvansDirector of Community Services: Alicia HernandezEvents Coordinator: Rhonda ThorntonAssistant to the Executive Director: Terri HawkinsLaw-Related Education & Programs Coordinator: Amy E. SmithMembership Coordinator: Kay von WesternhagenProjects & Communications Assistant: Kathryn TarangioliPublications Assistant: Judi SmallingReceptionist/Staff Assistant: Teddi Rivas

LAWYER REFERRAL SERVICE:LRS Program Assistant: Biridiana AvinaInterviewer: Marcela Mejia

VOLUNTEER ATTORNEY PROGRAMDirector: Alicia HernandezManaging Attorney: Michelle AldenVolunteer Recruiter: Chris Reed-BrownParalegals: Whitney Breheny, Lakeshia McMillan, Andrew Musquiz, Jigna Gosal, 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.

Headnotes serves the membership of the DBA and, as such, editorial sub-missions from members are welcome. 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@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in ar-ticles 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 Ross Ave., Dallas, TX 75201. Non-member subscrip-tion rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.

By cHrisTina melTon crain

President's Column

18TH ANNUAL DBA BENCH BAR CONFERENCE

September 24-26

Horseshoe Bay Marriott Resort Register at www.dallasbar.org. Space is limited!

Casual Attire Only! Approximately 4 hours from Dallas.

More than 50 judges attending, and about 250 lawyers. At least 6 hours CLE, including Ethics. CLE topics include a view from the federal bench, legal writing, legislative updates, voir dire, marketing in troubled times, the economic crunch’s effects on the profession, negotiation ethics, and much more. Events such as karaoke, fun run, yoga, sporting clays, tennis, wine tour, golf, fun by the pool, zip-line canopy tour, biking and more. First 100 registrants entered for a $100 gift card. First 20 first-time registrants entered for a room upgrade.

Teenage Girl Summit: Problems Facing Today’s Girls &

Resources Available to Assist Them

TUESDAY, AUGUST 11 ~ NOON The Belo Mansion

1.0 CLE

For judges, lawyers, social workers, LPCs and parents.

Sponsored by the DBA Juvenile Justice Committee.

PANELISTS

Dr. Jim Calvert, psychologist Sue Thiers Hesseltine, executive director of Our Friends Place Hon. Lena Levario, judge of the 204th Criminal District Court Connie McLouth, Mental Health America

Representatives of community agencies will also be in attendance to answer questions, including: Community Council of Greater Dallas, Mental Health America, Our Friends Place, Promise House (Wesley Inn Program), Letot, Nexus and TRAC.

August 2009 Dal las Bar Assoc ia t ion l Headnotes 5

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 experi-enced. 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, has been used as a source in these articles. It is available from the Dallas Bar Foundation for $25. Contact Elizabeth at ephilipp@dallasbar.org.

The national spotlight was direct-ed at Dallas during much of the 1960s, and many lawyers from the area played significant roles in the

events that transpired during this piv-otal era.

The decade began with Fred T. Porter leading the Dallas Bar Associa-tion. Mr. Porter had served as Kaufman County District Attorney and then moved to Dallas to practice with Gar-dere, Porter & DeHay.

During his DBA presidency, the Dallas Independent School District began to integrate its schools, and Mr. Porter and the DBA board agreed unanimously to work with the Dallas Citizens Council to help prepare the community for the success of desegrega-tion. That year, he and the DBA board urged the creation of two new federal judgeships for the Northern District.

In 1962, Morris Harrell took the helm as DBA president. The son of a major-league baseball pitcher, he earned his undergraduate and law degrees from Baylor University.

In World War II, Mr. Harrell served as a naval officer in the Pacific. He began his law practice in Dallas at the suggestion of his uncle, W.B. Harrell, who served as DBA president in 1945. Morris Harrell served as assistant U.S. attorney for the Northern District of Texas, and later became a partner with Locke, Purnell, Rain & Harrell.

Mr. Harrell was president of the State Bar of Texas in 1970-71, president of the National Conference of Bar Presidents in 1976-77, president of the ABA in 1982-83, and president of the American College of Trial Lawyers in 1987.

In 1962, the association’s third executive director JoAnna Moreland was hired and remained until her retire-ment in 1990.

Morris Harrell left an indelible mark on the practice of law in Dallas – and nationally. In 1998, he received the ABA Medal for “conspicuous ser-vice in the course of American juris-prudence,” an award previously given to Oliver Wendell Holmes Jr., Sandra Day O’Connor, Thurgood Marshall and Warren Burger. And in 1999, Mr. Harrell was named the first recipient of the DBA’s Professionalism Award. The award, given annually by the DBA and the Texas Center for Legal Eth-ics & Professionalism, has since been renamed in his honor.

The eyes of the world were fixed on Dallas in 1963, and H. Louis Nichols was the man leading the DBA. He was urged by his peers to visit Lee Harvey Oswald at the Dallas city jail to assure he had legal representation, and he did so just hours before Jack Ruby shot Oswald. Mr. Nichols and the DBA board also deliberated about the tele-vising of the Ruby trial, and forwarded a unanimous resolution to the judge indicating that any broadcast of the trial would be “detrimental to the due and orderly administration of justice and the maintenance of the dignity and decorum of such proceedings.”

A lieutenant colonel in the U.S. Army during World War II, Mr. Nich-ols had served as assistant city attorney, and later practiced with Nichols, Jack-

son, Dillard, Hager & Smith.

During 1964, Hubert Dee Johnson served as president of the DBA. A lieutenant in the U.S. Navy during World War II, he joined Car-rington, Gowan, John-son & Walker, and later served as general counsel for the Federal Reserve Bank of Dallas. During his 66-year career, he chaired an ABA section of banking and business lawyers.

A native of Sulphur Springs and son of a Methodist minister, J. Edwin Fleming served as DBA president in 1965. Earning his undergraduate and law degrees from SMU, he was vice president of the student body.

Much of his law practice was spent at Coke & Coke, and he was active in the Kiwanis Club, where he became friends with Ross Perot. In fact, Mr. Fleming drafted the corporation papers for the company that became EDS, and he represented the firm in its initial public offering.

Walter H. Magee led the DBA dur-ing 1966. He earned his B.B.A. and law degree from SMU, and spent his entire career at Carter, Jones, Magee, Rudberg, Moss & Mays. He was active in the Texas Trial Lawyers Association, the Association of Trial Lawyers in America, the ABA, and many commu-nity organizations, such as the Arthri-tis Foundation and the United Way. A new courthouse (the George Allen Sr. Courts Building) opened during his presidency.

DBA’s 1967 presi-dent, Mark Martin, led an association of 1,600 lawyers, and was a part-ner with Strasburger & Price. In 1972-73, he served as chairman of the board of the State Bar of Texas. Addition-ally, he was president of the Texas Associa-tion of Defense Coun-sels, and in 1980, he received the University of Texas distinguished alumnus award.

During his DBA presidency, the board commissioned an oil portrait of U.S. District Judge Sarah T. Hughes and presented it to her. The board also passed a resolution com-mending President Lyndon B. Johnson for appointing Dallas lawyer Ramsey Clark to be the nation’s attorney gen-eral. It was also during this time that Hon. Barefoot Sanders served in the Johnson Administration.

A native of Nebraska, Arthur Philip Wilson served as DBA presi-dent in 1968. During World War II, he served in the U.S. Army, and later he earned his B.B.A. and law degrees from SMU.

A partner with Brady, Drake & Wilson, he was a founder of the DBA’s Law in a Changing Society program, and was committed to the high school mock trial program, serving as a judge for many years. Mr. Wilson helped establish the Texas Court of Military Appeals and served as a judge for 12 years.

In 1977, he co-chaired the Dallas Bar Foundation’s campaign to acquire

the Belo Mansion as DBA headquar-ters. And he was instrumental in con-ducting the research to add the Belo Mansion to the National Register of Historic Places.

Born in San Angelo, Hugh L. Ste-ger served as DBA president in 1969. After four years as an FBI agent, he joined Storey, Armstrong, Steger & Martin, where he practiced 50 years. He was a member of the Southwestern Legal Foundation, and was active with various YMCA clubs. During his ten-ure as DBA president, six new courts were added in Dallas County, and the DBA hosted annual meetings of the State Bar and the ABA.

Spending his early years in Min-nesota and Alabama, Frank C. Moore earned his law degree at SMU by attending its night classes. After five years in the Army, he worked in the Dallas city attorney’s office and the Dallas County district attorney’s office. He entered private practice with the firm of Dalton & Moore, and served as DBA president in 1970.

In 1970, he established the DBA Law in a Changing Society Commit-tee, which placed volunteer lawyers in numerous local schools. He was a strong advocate of mock trial competi-tion for high school students, and the DBA’s development of the innovative program set an example that many cit-ies and states have replicated in the decades that followed. Additionally, Mr. Moore was instrumental in cre-ation of the Dallas Bar Foundation, and in 1997, the DBF offered its first scholarship in his name.

Next month, we’ll look at the DBA and its presidents during the 1970s. HN

The Dallas Bar Association From 1961-1970

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6 Headnotes l Dal las Bar Assoc ia t ion August 2009

DBA Thanks ‘100 Club’ Members!The Dallas Bar Association Extends Its Appreciation

To the Loyal Members of the ‘100 Club’

We are proud that the following law firms and corporate legal departments are members of the 2009 Dallas Bar Association 100 Club. 100% of their Dallas lawyers are members of the Dallas Bar Association. If your firm is not listed, please fax a list of the names of all the attorneys in your Dallas office or corporate legal department to Kay von Westernhagen at 214-220-7464, or e-mail the list to kvw@dallasbar.org. If all of your Dallas lawyers are DBA members, your firm will then be recognized as 100 Club members at the Annual Meeting in November and listed in the 2010 Pictorial Directory. Thank you for your support of the Dallas Bar Association.

100 Club Members as of July 15, 2009

Law Firms With 6 or More AttorneysAckels & Ackels, L.L.P.Addison Law Firm P.C.Baker & McKenzie LLPBaker Botts L.L.P.Beasley, Hightower & Hartmann, P.C.Bell Nunnally & Martin LLPBlanscet Sutherland Hooper & Hale, LLPBrice, Vander Linden & Wernick, P.C.Brown & Hofmeister, L.L.P.Burford & Ryburn, L.L.P.Canterbury, Elder, Gooch, Surratt,

Shapiro & Stein, P.C.Carrington, Coleman, Sloman &

Blumenthal, L.L.P.Carstens & Cahoon, LLPCavazos, Hendricks,

Poirot & Smitham, P.C.Clark & Milby, PLLCCobb Martinez Woodward PLLCCollins Basinger PullmanCowles & Thompson, P.C.Cox Smith Matthews Inc.Curran Tomko Tarski LLPDavid, Goodman & Madole, P.C.ELROD, PLLCFord, Nassen & Baldwin, P.C.Fulbright & Jaworski L.L.P.Godwin Ronquillo PC Goranson, Bain, Larsen, Greenwald,

Maultsby & Murphy, PLLCGreenberg Traurig, L.L.P.Griffith Nixon Davison, P.C.Gruber Hurst Johansen & Hail, LLPGuida, Slavich & Flores, P.C.Hiersche, Hayward, Drakeley & Urbach, P.C.Johnson, Jordan, Nipper & Monk, P.C.Klemchuk Kubasta LLPKoons Real Estate LawKoons, Fuller, Vanden

Eykel & Robertson P.C.Kraft & AssociatesKrage & Janvey, L.L.P.Kroney Morse Lan, PCLittle Pedersen Fankhauser LLPLocke Lord Bissell & Liddell LLPLoewinsohn Flegle Deary L.L.P.Malouf Lynch Jackson & Swinson, P.C.

McGuire, Craddock & Strother, P.C.McKool Smith P.C.Meadows, Collier, Reed,

Cousins & Blau, LLPMunsch Hardt Kopf & Harr, P.C.Passman & Jones, P.C.Raggio & Raggio, P.L.L.C.Sandbote, Waggoner & Zopolsky, P.C.Sayles Werbner, P.C.SettlePouShackelford, Melton & McKinley, LLPSorrels, Udashen & AntonStanley, Mandel & Iola, LLPStaubus & Randall, L.L.P.Susman Godfrey L.L.P.The Bassett Firm, P.C.The Hartnett Law FirmThomas, Feldman & Wilshusen, L.L.P.Winstead PC

Law Firms With 2 to 5 Attorneys Ackerman & Savage, L.L.P.Allison & JohnsonAnderson & Brocious P.C.Andrew Lee, P.C.Ashley & LairdBlankenship, Wiland & O’Connor, P.C.Brousseau Graham & DooleyBruegger & McCullough, P.C.Calloway, Norris, Burdette & WeberCampbell & Chadwick, P.C.Carlock & Gormley, LLPCondon Thornton Sladek Harrell LLPCrain Lewis, L.L.P.Dallas Baptist UniversityDaniel Sheehan & Associates, LLPDeans & Lyons, LLPDedman & Handschuch PLLCDement Roach & Stern PLLCDurham & Pittard, LLPEdwards & de la Cerda, L.L.C.Garlitz Bell, LLPHamilton & Squibb, LLPHance & Wickham, P.C.Holmes Firm PCHorton & Archibald, P.C Jenkins & WatkinsJohnson & Silver, LLPJohnston * Tobey, P.C.Keane, Fowler & Donohue

Kurzner PCLaw Office of Emily Horton PLLCLaw Office of Lynn Davis WardLaw Office of Stewart & BehbahaniLaw Offices of Shelly B. WestLaw Offices of Terrence G. Turzinski, P.C.Lidji & DoreyMaris & Lanier, P.C. McTaggart & AssociatesMincey-Carter, PCPatterson & Sheridan, LLPPeters Smith Law FirmPrager & Miller, P.C.Quaid & Quaid, L.L.C.Ramirez & Associates, P.C.Ray & Elliott, Attorneys at Law P.C.Schneider & Miller, P.C.Sessions Fishman Nathan & Israel LLPDaniel Sheehan & Associates, LLPSheils Winnubst, PCSimpson Woolley, L.L.P.Smith, Stern, Friedman & Nelms, P.C.Charles W. Spencer & Associates, PLLCSpencer & WaterburyStoddard & Northam, PLLCStuber Cooper Voge, PLLCTaber Estes Thorne & Carr PLLCTailim Song Law FirmThe Clark Law FirmThe Gibson Law GroupThe Law Office of Dan E. MartensThe Law Offices of

Richard A. Gump, Jr., P.C.Thomas & Dees, PLLCTobolowsky & Burk, P.C.Valdez Washington LLPWalker & LongWinn, Beaudry & Winn, L.L.P.Woodward & Shaw, P.C.

Corporate Legal DepartmentsBelo Corp.Contran CorporationDebt Settlement AmericaGearbox Software, LLCGenesco Sports EnterprisesMorgan Management CorporationNatural Wellness USA, Inc.Pinnacle Partners In MedicineTenaska Power Services Co.

the claim is deemed rejected. When a claim in a dependent administration is rejected, the unsecured creditor has 90 days in which to file suit on its claim or the claim is barred. In dependent administrations, presentment is a pre-requisite for obtaining a judgment.

The rules for handling claims in independent administrations vary from those in dependent administrations. There is no mandated presentment pre-requisite to judgment. In fact, absent receipt of a permissive notice, there is no requirement of presentment at all.

If presentment is required in an independent administration, the Pro-bate Code only requires that unse-cured creditors give written notice of the “nature and amount” of the claim within 120 days of receiving the per-

missive notice to avoid the claim being barred. In this case, the presentment must be sent (i) via hand delivery with proof of receipt or via certified mail, return receipt requested, (ii) in a plead-ing filed in connection with a lawsuit regarding the claim, or (iii) in a written instrument filed in the court.

Once an unsecured creditor sends its notice as provided above, its claim will not be barred until the general statute of limitations runs (i.e., there is no 90-day deadline to file suit).

Secured creditors are also handled differently. The personal representa-tive must send secured creditors notice within two months of the representa-tive’s court appointment or promptly after learning of the secured debt. Upon receipt of the notice, secured creditors must make a timely election regard-

ing their claim. They can elect to have their claim treated either as a “matured and secured” claim or as a “preferred debt and lien.” If no election is affir-matively and timely made, the secured creditor will be deemed to have elected the preferred debt and lien option.

Treating the claim as matured and secured accelerates the debt, and the debt will be paid during the course of administration; however, the secured creditor may lose some of its priority to payment. Treating the claim as a pre-ferred debt and lien means the creditor elects to continue the original contract it had with the decedent, and the heirs or devisees will take the collateral sub-ject to the loan.

Secured creditors must be careful in exercising non-judicial remedies in dependent administrations. Foreclosure

sales can be set aside by a probate court if conducted before the estate’s formal cre-ation. Once formal dependent adminis-tration is pending, the creditor cannot exercise non-judicial remedies at all.

In independent administrations, a secured creditor can exercise non-judi-cial remedies at any time.

Finally, creditors need to be aware that they are not assured of payment on a claim merely because it is approved. If an estate does not have sufficient assets to pay all proper claims, then the Pro-bate Code provides a classification sys-tem to determine the priority in which claims are paid. HN

Board-certified in estate planning and probate law, William D. Houser is a partner at Jordan, Houser & Flournoy, LLP. He can be reached at bhouser@jhflegal.com. Amanda Trank-ovich is a third-year law student at Baylor University.

Focus Probate/Trusts

Representing an Estate’s Creditors in ProbateconTinueD from page 1

August 2009 Dal las Bar Assoc ia t ion l Headnotes 7

8 Headnotes l Dal las Bar Assoc ia t ion August 2009

Early American laws governing the protection of children were pat-terned after laws established for the humane treatment of animals.

Such delay in child welfare legislation highlights the challenging role of the government in the areas of family pres-ervation and protection of children.

In the state of Texas, the Child Pro-tective Services division of the Depart-ment of Protective and Regulatory Services is responsible for investigat-ing reports of child neglect and abuse. Although one certainly never expects to find themselves dealing with issues of child welfare and CPS, if the cir-cumstance arises, a quick and appro-priate response is needed.

The Report of neglect or Abuse

Texas law requires that any person who has cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect must report the situation. The mandatory reporting requirement applies to individuals who may have privileged communications, such as attorneys, members of the clergy, social workers, mental health professionals or health care providers.

Reports of child neglect or abuse should be made to law enforcement authorities or the CPS hotline at 1-800-252-5400. Such reports may be made anonymously and a reporter’s identity will not be revealed during the investigation, although the nature of the report itself could identify the reporter. After a report is made to the

hotline, it is assigned a priority based on the severity of the allegations and sent to the appropriate regional CPS office.

The Initial InvestigationA CPS investigation may begin

in a variety of ways, but typically, the reporter, parent or child will be inter-viewed. For parents, this begs the ques-tion: Can CPS interview my child without my knowledge or presence? The answer is generally yes.

Some practitioners recommend that concerned parents instruct their child’s school or care provider in advance in writing that their children may not be interviewed by any person without their permission or presence. However, CPS may interview a child wherever he or she may be found.

As an investigative agency, CPS is required to follow constitutional search and seizure protections prior to enter-ing a person’s home or interviewing an alleged perpetrator of neglect or abuse.

It is important for parents, and those advising parents, to know that a parent is allowed to have an attorney present for any investigative interview with CPS. Further, a search warrant is required for a CPS worker to enter a parent’s home, even if the CPS worker is accompanied by a law enforcement officer. While a parent’s initial inclina-tion is typically to cooperate with CPS, it is advisable for parents to seek imme-diate counsel for discussion of their particular situation.

The Court’s Role& Final Disposition

CPS may ask the court to issue an

Focus Family Law

Child Protective Services Investigations By krisTine BriDges ex parte emergency order for children

to be removed from their parents. If the court approves the emergency removal, a show-cause hearing will be held within 14 days. At the 14-day hearing, the court will determine if CPS should be appointed as the temporary manag-ing conservator of the children. If the court grants the CPS request, further investigation will ensue and the parents will be offered services geared toward family reunification and eliminating the presence of neglect and abuse.

Upon the removal of children, CPS is required to pursue appropriate family placements over foster care, if possible.

If a child is removed from a par-ent’s custody, then a suit to terminate the parent-child relationship has been initiated. If parents are not able to afford counsel, the court will appoint an attorney or attorneys to represent them in the termination case. The court will appoint attorneys for the children. The district attorney’s office will represent CPS.

After 60 days, the court is required to hold a status or review hearing to review the status of the children and the plans for reunification of the fam-ily. A permanency hearing must be held within 180 days to evaluate the status of the suit. Such hearings must then be held every 120 days thereafter until there is a final disposition in the case.

CPS is required to finalize a suit to terminate the parent child relationship within 12 months. The standard at trial for termination of a parent’s right is “clear and convincing evidence.”

Due to the timeline, it is important for a parent to take the allegations of CPS very seriously and not delay in seeking counsel, court-appointed or otherwise, to help them determine the best route to maintaining their paren-tal rights. HN

Kristine Bridges is a solo practitioner in the area of family law and a member of the DBA Family Law Section. She can be reached at kristine@kristinebridges.com.

Want To Update Your Directory Photo?Got an outdated headshot in the DBA Membership Directory?

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The DBA CongratulatesDallas legal Hospice for 20

years of Service!Dallas Legal Hospice is a nonprofit law firm that provides health-

related, civil legal assistance to low-income individuals who have been diagnosed with terminal illnesses or HIV-disease.

For information on Legal Hospice of Texas, or its 20th Anniver-sary Celebration scheduled for August 29, visit www.legalhospice.org.

August 2009 Dal las Bar Assoc ia t ion l Headnotes 9

The collaborative process is a struc-tured, voluntary, non-adversarial ap-proach to resolving disputes, based upon cooperation between the par-

ties, teamwork, full disclosure, honesty, integrity, respect, civility and parity of costs. The process is tailor-made for re-solving probate disputes, which typically involve ongoing, personal relationships, such as will contests, contested guard-ianships and claims of breach of fiduciary duty.

When probate disputes arise, most parties want to get matters settled as quickly as possible. Spending time in protracted litigation can destroy impor-tant relationships and result in signifi-cant legal fees greatly diminishing an estate or trust. In the collaborative pro-cess, parties are able to control costs and scheduling, and the process is private and confidential.

Before entering into the process, col-laborative lawyers must provide prospec-tive clients with sufficient information to enable them to make an informed decision about the material benefits and risks of the collaborative process as com-pared to other reasonably available alter-natives, such as mediation or litigation. Further, the parties understand that the collaborative lawyers are independent from each other, and no attorney-client relationship exists between one party’s lawyer and any other party.

The collaborative process begins with the parties and their lawyers sign-ing a “participation agreement,” which describes the nature and scope of the dispute, states the parties’ intention to resolve the dispute without resorting to a court-imposed resolution, and includes an agreement to make timely, full and candid disclosure of necessary informa-tion without formal discovery. A defin-ing characteristic of the process is that, should the dispute not be settled in the

Focus Family Law

Collaborative law: The First Option for Probate DisputesBy laWrence r. maxWell Jr. anD sHerrie r. aBney

process, the collaborative lawyers must withdraw from representation and can-not represent a party in any court pro-ceeding that is substantially related to the subject matter of the dispute.

The withdrawal provision benefits all parties since the collaborative lawyers are able to devote 100 percent of their time assisting their clients in resolving the dispute, rather than spending their time and their client’s money on dis-covery preparing for a trial. Further, the withdrawal provision discourages parties who are not serious about settling from engaging in the collaborative process.

Steps of the Collaborative Process

Determine the goals, interests and concerns. In the first face-to-face meet-ing, participants determine the goals, interests and concerns of all parties. The parties, not their lawyers, have an oppor-tunity to state what they want and, per-haps more importantly, why they want it. Hearing firsthand saves time and elimi-nates misunderstandings and any “spin” that frequently accompanies a second-hand statement.

Gather relevant information. Hav-ing determined the goals and interests, the parties gather the documents and other information that will be needed to resolve the dispute. Participants agree to request only those documents necessary to resolve the dispute; voluntary compli-ance with requests is mandatory. When an expert opinion will be beneficial, the parties agree to jointly retain a single expert, thereby eliminating the cost of opposing experts.

Develop options. The parties are now in a position to develop all reason-able options. Since the process is con-fidential, the parties are free to engage

in speculation and conjecture without fear that their words will be used against them later. Brainstorming options will lead to out-of-the-box thinking, result-ing in opportunities for formulating cre-ative solutions.

Evaluate options. Options may be modified or combined with other options as the parties use their best efforts to sat-isfy as many of the goals and interests of all parties as possible. Solutions are explored that would never be considered or possible in litigation.

Negotiate a settlement. As a result of the commitment of the parties and lawyers to work in good faith and in a non-adversarial manner, a settlement can be negotiated that satisfies as many of the parties’ goals, interests and con-cerns as possible.

The uses and advantages of the col-laborative process are numerous. The process is especially effective in disputes where money is not the sole issue. In addition, probate lawyers can employ the steps of the collaborative process when negotiating and drafting wills, trusts, declarations of guardianship, and other estate-planning documents.

The only way to know if a party or a party’s matter is appropriate for the col-laborative process is to visit with a law-yer or other professional trained in the process. A roster of collaborative law-yers, additional details about the civil collaborative process and articles about the process are available at www.collab-orativelaw.us. HN

Dallas attorneys Sherrie Abney and Larry Maxwell are co-founders and past-chairs of the DBA Collaborative Law Section. Ms. Abney is the author of Avoiding Litigation: A Guide to Civil Collaborative Law. Mr. Maxwell is co-chair of the ABA Section of Dispute Resolution Collaborative Law Committee and the Section’s Advisor to the Uniform Law Commission Drafting Com-mittee. They can be reached at info@collaborativelaw.us.

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Hundreds of local lawyers recently honored two of Dal-las County’s most revered judges. DBA President Chris-tina Melton Crain presented a resolution to Hon. Nikki DeShazo, of Probate Court No. 1, (top photo) for her 26 years of outstanding judi-cial service and many hours of service to DBA projects. Hon. Anne Ashby received a standing ovation (bottom photo) from members of the Dallas Bar at a luncheon held in her honor. She has spent nearly her entire legal career in public service, in-cluding 20 years as judge of the 134th District Court.

Retiring Judges Honored

8th Annual Freedom Run

5K Run

Thursday, September 10 at 6:30 p.m.

At Dallas City Hall Plaza Register Online at www.freedomrun.com

Sponsored by the Dallas Association of Young Lawyers. Benefitting the Assist the Officer Foundation.

Probate SymposiumFriday, September 18 ~ Noon to 4 p.m. ~ Belo Mansion

4 hours CLE pending, including 1 hour ethics

Topics include legislative update, estate-planning considerations, capacity issues, and panel of probate judges. Sponsored by the DAYL Elder Law Committee, the DBA Probate Section, the DBA Pro Bono Activities Committee and the Dallas Volunteer Attorney Program. For more information, contact Jigna Vyas Gosal at gosalj@lanwt.org or 214-243-2247.

2009 Family law nuts & Bolts ClE ~ lIVE!September 22 and 23 ~ 5 to 7 p.m. ~ Belo Mansion

6 hours CLE, including 2 hours ethics (total)

Learn about recent legislative changes in family law, hone your practice skills, and hear from legal specialists. Training is free for attorneys who agree to accept one complex DVAP case or two simple DVAP cases. Otherwise, cost is $200. Co-sponsored by the Dallas Volunteer Attorney Program and the DBA Family Law Section. For more information, contact Chris Reed-Brown at reed-brownc@lanwt.org or 214-243-2243.

10 Headnotes l Dal las Bar Assoc ia t ion August 2009

Who can forget the Hansel & Gretel story, in which two children are abandoned in the forest by parents who were

desperately poor and lacked food to feed the family?

Like that early-1800s fairy tale, the modern adoption process can be a daunting journey in which a lawyer can easily get lost in the thicket unless the proper steps are taken. If handled correctly, an adoption can be a won-derful and gratifying experience for all involved

Chapter 162 of the Texas Family Code governs adoptions. Any adult that has standing to file suit under Chapter 102 of the Family Code may adopt a child eligible for adoption and residing in the state of Texas if:

n a suit to terminate the parent-child relationship under Section 161 of the Family Code is coupled with the adoption action, or the parent-child relationship for both the child’s parents has already been terminated;

n the action is for a step-parent adoption, and the step-parent is cur-rently the spouse of the parent whose rights have not been terminated;

n the child is at least two years old, one parent’s relationship with the child has been legally terminated, and the person seeking adoption has been a managing conservator or has had actual care, custody and control of the child for at least six months before the adop-tion suit was filed, or is the child’s for-mer step-parent, and the parent whose parental rights have not been termi-nated consents to the adoption; or

n the child is at least two years old, one parent’s relationship with the child has been legally terminated, and the person seeking adoption is the child’s former step-parent and has been a man-aging conservator of the child, or has had actual care, possession and control of the child for at least one year preced-ing the adoption.

A child of 12 years or older must consent to the adoption in writing or in open court. The court may waive this

requirement, but only where it has been clearly established that it is in the child’s best interest. Further, an adult may adopt another adult in Texas with the written consent of the person being adopted.

If the person seeking the adoption is married, both spouses must petition for adoption. If one spouse dies during the adoption process, the case will con-tinue. But if the spouses seek a divorce during that process, the court must abate the proceedings, and shall dis-miss the adoption suit unless the plead-ings are amended so that only one of the petitioners seeks the adoption.

Moreover, all adoption cases must include a pre-adoptive and post-place-ment social study, which the court cannot waive. The completed report is made available to the petitioners, and must be filed before any final order of adoption. Should the adoption be con-tested and subject to a jury trial, prac-titioners should note that this report is subject to the Texas Rules of Evidence when used as an exhibit. In a bench trial, however, the court may consider the contents of the report even if it is never formally introduced into evi-dence.

In addition to a formal social study, each petitioner must obtain his or her own criminal history record from the Department of Public Safety. As gov-erned by Section 411.128 of the Texas Government Code, DPS must provide the court with a certified copy of that criminal history before any final adop-tion order.

Except when the adoption is by the child’s grandparent, step-parent, or

aunt or uncle by birth, marriage or prior adoption, a Health, Social, Educational and Genetic History Report must also be prepared and filed. The court may waive this report if the child’s biologi-cal parents cannot be located and their absence causes there to be insufficient information to complete the report. The validity of a final adoption order is not subject to attack, however, if such a report was not filed.

Ultimately, the court must find that the requirements of the adoption have been met and that the adoption is in the best interest of the child before the adop-tion may be granted. The final order may change the child’s name if the pleadings so request, and the court, on motion or sua sponte, may seal the file.

A final adoption order establishes the parent-child relationship between the adoptive parent and the child for all purposes. Moreover, both an adop-tive child and an adoptive adult are entitled to inherit from and through their adoptive parents as though the adoptee were the biological child of the adoptive parents.

Practitioners should carefully review Chapters 162 and 163 of the Texas Family Code before guiding a client through the adoption process. When properly executed, an adoption can be a truly rewarding experience and joyful event for the bench, bar and everyone involved. HN

Carson Epes Steinbauer is a senior associate with Goranson, Bain, Larsen, Greenwald, Maultsby & Murphy, PLLC, and practices all aspects of family law. She can be contacted at cepes@gbfamilylaw.com.

Focus Family Law

Basic Adoption in Texas: Follow the Trail of CrumbsBy carson epes sTeinBauer

Each year, the DBA Mi-nority Participation Com-mittee invites summer associates to luncheons at the Belo Mansion to acquaint them with the legal community and the many opportunities available to them in Dal-las. In June, Karen Gren Johnson, a former state district judge, addressed the law students (photo above). Then, in July, the associates enjoyed hear-ing from Dallas County District Attorney Craig Watkins (photo right).

Summer Clerks Visit Belo Mansion

4th Annual Lighting the Path to Legal Education

Awards Dinner

Wednesday, September 30 7 p.m. ~ The Belo Mansion

The Dallas Hispanic Bar Association will honor Hon. Jerry Buchmeyer and Hon. Merrill Hartman for their distinguished careers. The organization will also present its 2009 Corporate Counsel Diversity Award to Wayne Watts, general counsel of AT&T, and the 2009 President’s Award will be presented to Marcos Ronquillo. All proceeds benefit the Dallas Hispanic Bar Association Scholarship Foundation.

For more information,

visit www.dallashispanicbar.com.

August 2009 Dal las Bar Assoc ia t ion l Headnotes 11

Celebrating 27 years!DVAP’s 2009 Pro Bono Awards Celebration

Thursday, October 1 ~ 5:30 p.m. ~ The Belo Mansion

Save the date! Please plan to attend this celebration, hosted by the Dallas Volunteer Attorney Program.

The Texas Family Code contains special rules that supplement the Texas Rules of Appellate Procedure and Texas Rules of Civil Procedure

in family law appeals.

Findings of Fact Most lawyers know that Texas Rule

of Civil Procedure 296 provides that counsel has 20 days to request findings of fact after a bench trial. Few lawyers, however, are aware the Family Code pre-scribes other deadlines to request certain types of findings of fact, including find-ings regarding child support, possession and access, and property division.

Section 154.130 of the Family Code mandates the court make certain findings of fact regarding the obligor’s and obligee’s net resources, applicable percentage applied to the obligor’s net

resources, and why that amount var-ies from the guidelines if: (1) a party files a written request not later than 10 days after the date of the hearing; (2) a party makes an oral request in open court during the hearing; or (3) the amount of child support ordered by the court varies from the amount computed by applying the percentage guidelines. The court’s failure to make these find-ings of fact on proper request consti-tutes reversible error.

In all cases in which a parent contests possession of a child and the possession periods vary from the standard posses-sion order, Section 153.258 of the Fam-ily Code requires a party to file a written request with the court not later than 10 days after the date of the hearing or make an oral request in open court during the hearing, if the party wants the court to state in the order the specific reasons for the variance from the standard order.

In a divorce suit in which the court

orders a property division, Section 6.711 of the Family Code requires the court, on a party’s request and if dis-puted evidence exists, to state in writ-ing its findings of fact regarding (1) the characterization of each party’s assets, liabilities, claims and offsets and (2) the value or amount of the community estate’s assets, liabilities, claims and offsets. The request must conform to the Texas Rules of Civil Procedure.

Although these findings of fact cer-tainly assist the attorney in challeng-ing the property division, they do not take into consideration the value of a party’s separate estate in making the division of property. Accordingly, the practitioner should also request that the trial court put a value on the sepa-rate estates of the parties to enable an appellate court to determine whether the trial court has made a full and equi-table division.

Temporary Orders Pending Appeal

Sections 6.709 and 109.001 of the Family Code govern temporary orders pending appeal. Not later than the 30th day after the date an appeal is perfected, on motion of the court or that of a party, and after notice and hearing, the trial court may render a temporary order necessary for the pres-ervation of the property and for the protection of the parties during the appeal and for the safety and welfare of the child during the pendency of the appeal as the court may deem neces-sary and equitable.

An order may require the support of

either spouse, require the payment of reasonable attorney’s fees and expenses, appoint a receiver for the preservation and protection of the parties’ property, or award one spouse exclusive occu-pancy of the parties’ residence pending the appeal.

An order may also appoint tempo-rary conservators for the child and pro-vide for possession of the child, require the temporary support of the child by a party, restrain a party from molesting or disturbing the peace of the child or another party, prohibit a person from removing the child beyond a geograph-ical area identified by the court, require payment of reasonable attorney’s fees and expenses, or suspend the operation of the order or judgment that is being appealed (except an order or judgment terminating the parent-child relation-ship in a suit brought by certain gov-ernmental agencies).

The court retains jurisdiction to enforce these temporary orders unless the appellate court, on a proper showing, supersedes the court’s order. These tem-porary orders must be signed within 30 days of the filing of the notice of appeal.

Section 9.007 of the Family Code abates the trial court’s power to render further orders to assist in the implemen-tation of or to clarify the property divi-sion during the pendency of an appel-late proceeding. This may make the need to timely obtain temporary orders pending appeal imperative. HN

Georganna Simpson and Jeremy Martin maintain individual practices in Dallas with a primary focus on family law ap-peals and are both members of the DBA Family Law Section and the DBA Appellate Section.

Focus Family Law

Family law Appeals: looking Outside the TRAPs & TRCPsBy georganna l. simpson anD Jeremy c. marTin

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12 Headnotes l Dal las Bar Assoc ia t ion August 2009

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Trial lawyers on both sides of the aisle agree there is no better way to prepare for trial than to research your judge through

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*A portion of the proceeds from the sale of this book goes directly to the Dallas Bar Association.

ComingSoon!

In the news August

The DBA has partnered with TOMS Shoes, a company founded in 2006 that has a very simple one-for-one policy. For every purchase of its unique lightweight slip-on shoes, TOMS donates a pair to an un-derprivileged child in a third-world country. But our partnership has an added benefit: For every pair of TOMS Shoes purchased by DBA members and friends, the company not only donates a pair of shoes to a needy child, but a percentage of each sale is also contributed to the Dallas Volunteer Attorney Program to help low-income residents in Dallas with civil legal needs. As DBA President Christina Melton Crain demonstrates from her personal collection, a wide variety of stylish TOMS shoes are available. For DVAP to benefit from your purchase, be sure to connect to the TOMS online store via the DBA Web site at www.dallasbar.org.

Purchasing Shoes Helps Pro Bono

On THE MOVEH. James Acosta has joined Looper Reed & McGraw as a partner.

Bradley L. Adams has joined The Brinkmann Corporation as general counsel.

Matthew R. Baker has joined Godwin Ronquillo PC as an associate in the business litigation section.

Manuel G. Berrelez has joined Vin-son & Elkins LLP as an associate in the complex commercial litigation group.

Ryan Browne, Spencer Browne and Angel L. Reyes III have launched Reyes Bartolomei Browne at 5950 Berkshire Lane, Suite 410, in Dallas.

Cynthia S. Buhr has joined Plains Capital Corporation as vice president and assistant general counsel.

Michael J. Dalton has joined Dykema Gossett PLLC in the real estate prac-tice group.

Uttam Dhillon has joined Fitzpatrick Hagood Smith & Uhl LLP as partner.

Mark D. Downey and Charles A. Guerin have joined Munsch Hardt Kopf & Harr, P.C. as shareholders.

Adrienne A. Dunn has opened the Law Office of Adrienne Dunn located at 6060 N. Central Expressway, Suite

524, Dallas, TX 75206.

Sarah Elizabeth Elkins and Lauren Zimmerman have joined Hermes Sar-gent Bates, LLP.

Daniel P. Elms has joined Bell Nun-nally & Martin LLP as partner.

Brian J. Fisher has joined Kane Russell Coleman & Logan PC as an associate.

Craig A. Harris has joined Hiersche, Hayward, Drakeley & Urbach, P.C. as of counsel to the commercial litigation section.

Harry J. Joe has joined Jackson Lewis LLP as partner, and Rebecca R. Massi-atte has joined the firm as an associate.

Jennifer N. Lewis has joined Farrow-Gillespie & Heath LLP as an associate.

Summer L. Mendoza has joined Tollef-son Bradley Ball & Mitchell, LLP as an associate.

Leslye E. Moseley has joined Sessions Fishman Nathan & Israel LLP.

J. Durrell Padgitt relocated his office to One Hillcrest Green, 12700 Hillcrest Rd., Suite 249, Dallas, TX 75230.

John Pinkerton has joined Rose• Walker, L.L.P as partner.

Michael Rist has joined Condon Thorn-

ton Sladek Harrell LLP as partner.

Alan Rosenberg has joined Stuber Cooper Voge, PLLC as an associate.

Don Swaim has joined Rose•Walker, L.L.P. as partner.

David R. Weiner has formed the Weiner Law Firm at One Lincoln Centre, 5400 LBJ Freeway, Suite 1260, Dallas, TX 75240.

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.

KUDOSCaroline Akers and Mark Bohon, of Looper Reed & McGraw, were elected to the Texas Wesleyan School of Law Alumni Association board of directors. Ms. Akers was elected president.

After Hours

Drafting documents, taking depositions, responding to clients, cultivating new business and handling vari-

ous administrative tasks can con-sume the better part of a lawyer’s day. Often, very little time is left for family and extracurricu-lar activities. But some attorneys have found a way to blend their vocation and their avocation.

Sally C. Helppie, of counsel with Tipton Jones and chair of the DBA Business Litigation Sec-tion, not only represents those in the entertainment industry, but she also spends quite a bit of time in the producer’s chair.

Ms. Helppie is the founder and president of Sabbatical Pictures, LLC, a Dallas-based motion picture production com-pany. She produced “Exit Speed,” an action thriller which enjoyed a limited U.S. theatrical run and wider release abroad (available now on DVD). Subsequently, she produced “The Beacon,” a super-natural chiller that won the top award for Best Feature Film at the 2009 Para-noia Film Festival.

A 1985 graduate of the UCLA School of Law, Ms. Helppie became increasingly interested in the enter-tainment industry while living in Cali-fornia. Currently, her practice focuses on entertainment law and commercial litigation, and she has represented film productions of all sizes, as well as indi-vidual writers, actors and financiers. She has been involved in a movie pro-duced by Martin Scorcese, and projects that include Johnny Depp and Mel Gibson. Additionally, she often helps Texas production companies with cast, crew, equipment, location and union contracts.

It’s difficult to believe this seasoned trial attorney and movie producer has

any “spare time,” but from 2005-2008 she also served as a high school mock trial coach in the Carrollton-Farmers Branch ISD. And in 1994, the city of Carrollton named Ms. Helppie the Businesswoman of the Year.

”Both entertainment law and pro-ducing movies are intellectually stim-ulating and creative,” Ms. Helppie says. “My litigation background also has proved helpful in contract nego-tiations and addressing issues pre-pro-duction, as well as solving issues that arise on set. I am very grateful to have two complementary and enjoyable careers.” HN

Do you know a DBA member with a really unique talent or hobby, who spends a significant amount of time devoted to this activity? If so, we’re interested in highlighting these stories. Send a brief overview to Darlene Hutchinson Biehl, Headnotes editor, at dhutchinson@dallasbar.org.

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August 2009 Dal las Bar Assoc ia t ion l Headnotes 13

The Dallas Bar Association accepted numerous awards for its programs and services at the State Bar of Texas Annual Meeting in June.

This year, the State Bar’s Local Bar Services Committee selected the DBA as the recipient of the Award of Merit for best overall local bar associa-tion programming. In the past year, the DBA’s sections and committees have presented nearly 400 CLE programs – most of which are free to its mem-bers. Further, the DBA makes a signifi-cant impact in the community through programs with the Dallas ISD, SMU Dedman School of Law, Habitat for Humanity, and many other charitable organizations.

Additionally, the DBA earned the Partnership Award for hosting the Jus-tice in Education Symposium, which brings educators, administrators and

community leaders together to develop initiatives to enhance the public school system in Dallas.

Awards were also presented for out-standing articles published in Headnotes:

n Best Series of General Interest Articles: 2008 President’s Columns by Frank E. Stevenson II.

n Best Series of Substantive Legal Articles: Various criminal law articles published in May 2008 by Heather Barbieri, Bill Mateja, Kip Mendrygal and Kevin Ross.

n Best Feature Story: “Abraham Lincoln’s Lessons for Today’s Ethical Lawyer,” by Billie J. Ellis Jr. and Wil-liam T. Ellis.

n Best Human Interest Story: “National Mentoring Month: Impact-ing At-Risk Children,” by Christina Melton Crain and Charles Pierson.

n Best News Article: “Removal of

DBA Earns Many State Bar Awards

In the news August

RRREVIEWEVIEWEVIEW OFOFOF O O OILILIL & G & G & GASASAS L L LAWAWAW XXIV XXIV XXIV Energy Law Section – Dallas Bar Association

August 20-21, 2009

14 Hours of CLE Credit, including ethics

Topics include: Federal and State Legislative Updates, Case Law Updates, and Exxon’s view on the industry.

Location:

Belo Mansion 2101 Ross Avenue, Dallas, Texas 75201

Contact: Sandra Anderson

214-758-1583 or SLAnderson@pattonboggs.com

Credit Card Registration available at: www.reviewofoilandgas.com

400+ Children Prompts Enormous Pro Bono Effort,” by Darlene Hutchinson Biehl.

Various DBA members received individual awards at the annual meet-ing, including:

n Bob Bliss received the Lifetime Achievement Award from the State Bar Real Estate, Probate & Trust Law Sec-tion.

n Talmage Boston received a presi-dential citation for chairing the Annual Meeting Committee.

n William A. Brewer III received the Community Service Award from the State Bar Hispanic Issues Section.

n Adelfa Callejo received the Life-time Achievement Award from the State Bar Hispanic Issues Section.

n George Coleman received the Dan Rugeley Price Memorial Award from the Texas Bar Foundation.

n Orrin Harrison received a presi-

dential citation for work on the Griev-ance Committee Structure Task Force.

n Gregory S.C. Huffman received the Distinguished Counselor Award from the State Bar Antitrust & Busi-ness Litigation Section.

n Dolly Wu received the Women & Minority Scholarship Award from the State Bar Intellectual Property Law Section.

n TYLA President’s Awards of Merit were presented to Rob Canas, Sarah Kownacki, Jennifer Evans Morris, Kristy Piazza, Ken Riney and Chris Rogers.

At the annual meeting, Roland K. Johnson of Fort Worth assumed the role as president of the State Bar. One of Mr. Johnson’s key initiatives in the coming months will be the statewide implemen-tation of the Transition to Law Practice Program, launched in 2007 as a pilot program in Dallas. HN

State Bar President Harper Estes (center) presented awards in June to DBA’s 2009 President Christina Melton Crain and DBA’s 2008 President Frank E. Stevenson II.

Vincent Ansiaux, of Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P.; Timothy Darley, of National Teach-ers Associates Life Ins. Co.; and John Greco, of Touchstone, Bernays, John-ston, Beall, Smith & Stollenwerck, LLP, have been elected as the officers of the North Texas Association of Insur-ance Counsel.

Mark W. Bayer, of Gardere Wynne Sewell LLP, received the 2009 Alumni Service Award by the Bowdoin College Alumni Council.

Beth Bradley, of Tollefson Bradley Ball

& Mitchell, LLP, has been named chair of the State Bar Insurance Law Section.Craig L. Caesar, of McGlinchey Stafford PLLC, has been inducted into the Litigation Counsel of America.

Allison K. Exall, of Curran Tomko Tar-ski LLP, has been named a member of a regional land sustainability committee of the Urban Land Institute.

Beverly Godbey, of Gardere Wynne Sewell LLP, has been appointed to the Texas Access to Justice Commission.

Sam Hallman, of Strasburger & Price, LLP, has been named president-elect of

the Transportation Lawyers Association.

David H. Harper, of Haynes & Boone, LLP, has been named to Baylor Univer-sity’s board of regents.

James C. Ho, the solicitor general of Texas, received the Best Brief Award from the National Association of Attorneys General.

William O. Holston Jr., of Sullivan & Holston, was recognized by the State Bar of Texas for 10 years of membership in the State Bar Pro Bono College.

Heather D. Johnson, with Burford &

Ryburn, L.L.P., has been elected to the board of directors of the National Mul-ticultural Western Heritage Museum.

Joyce G. Mazero, of Haynes & Boone, LLP, has been elected to the board of directors of the Susan G. Komen for the Cure Advocacy Alliance.

Charles M. Meadows Jr., of Meadows, Collier, Reed, Cousins & Blau, L.L.P, has received the Jules Ritholz Memo-rial Merit Award from the ABA Tax Section’s Committee on Civil and Criminal Tax Penalties.

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14 Headnotes l Dal las Bar Assoc ia t ion August 2009

In the news August

THE TRUST HASYOU COVERED

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Visit www.sbotit.com or call 800.460.7248.

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. The DBA Family Law Section recently held the 2nd Annual “Art for the Courthouse” Schol-arship Competition. Students from Booker T. Washington High School for the Performing and Visual Arts entered pieces of art reflecting this year’s theme of “The Changing Shape of Families.” As a result, Jaquelyn Rodriguez was presented with a $2,500 scholarship this summer. She plans to use the scholarship to attend a summer program at The College for Creative Studies in Detroit, Mich., and her winning work of art will be on display in the George L. Allen Sr. Courts Building near the family courts.

Family law Section Presents Award

Michelle A. Mendez, of Hunton & Williams LLP, received the Robert B. Wilson Distinguished Service Award. She was also elected treasurer of the State Bar Bankruptcy Law Section, and was named chair-elect of the Research Fellows of the Center for American and International Law.

William (B.J.) Moore and Davor Rukavina, of Munsch Hardt Kopf & Harr, P.C., have been named share-holders.

Jennifer Evans Morris, of Carrington, Coleman, Sloman & Blumenthal, L.L.P., has been elected president-elect of the

Texas Young Lawyers Association.

Lori Murphy, of Tollefson Bradley Ball & Mitchell, LLP, has been named part-ner.

Michael J. Noordsy, of The Bassett Firm, has been named partner.

Jeffrey H. Rasansky, of Rasansky Law Firm, received the Cy Pres Impact on Justice Award from the Texas Access to Justice Foundation.

Matthew Sanderson, of Looper Reed & McGraw, has been licensed as a solici-tor able to practice law in England and Wales.

Daniel J. Sheehan Jr., of Daniel Shee-han & Associates, L.L.P., chaired the 12th Annual Texas Irish American Cup Challenge golf tournament to raise funds for charities.

David S. Starr, of Belo Corp., has been elected to the board of directors of Big Brothers Big Sisters of Dallas County.

Albert C. Tan, of Haynes and Boone, LLP, has received the Outstanding Attorney Achievement Award from the Asian American Law Students Association at SMU Dedman School of Law, and has been named to the board of directors for The Trammell

and Margaret Crow Collection of Asian Art.

M. Gaddy Wells, of Downs & Stan-ford, P.C., has been appointed to the State Bar Standing Committee on Real Estate Forms.

Jeffrey A. Zlotky has been named managing partner of Thompson & Knight LLP.

FROM THE DAISChrista Boyd-Nafstad, of Gillespie, Rozen, & Watsky, P.C., delivered the commencement address for Grayson County College in Sherman.

John M. Cox, of John M. Cox & Asso-ciates, P.C., served on the faculty of the 2009 Texas Association of Defense Counsel Trial Academy in San Anto-nio.

Jay R. Downs and Melissa M. Sage, of Downs Stanford, P.C., participated in Reading Day & Career Day at Onesimo Hernandez Elementary in Dallas.

Sarah B. Foley, of Yee & Associates, PC, spoke on “Intellectual Property Practice Tips and Documents” at the Advising Businesses in a Troubled Economy CLE hosted by the Univer-sity of Houston.

William O. Holston Jr., of Sullivan & Holston, spoke at the Point Center for Arts and Education at CC Young regarding “Welcoming the Stranger, America as a Refuge for Political and Religious Refugees.”

Kenneth Johnston, of Kane Russell Coleman & Logan PC, spoke at the Banking Institute in Charlotte, N.C.

Elaine Martin, of The Law Office of Elaine Martin, spoke on “Immigra-tion Basics” to the Human Resource Meetup North Group.

Mark McPherson, of McPherson Law-Firm, PC, spoke at the Oklahoma Water Environment Association’s Annual Meeting in Norman, on “Why Texas Is Suing Oklahoma for Its Water.”

Nicole R. Metcalf, of Jackson Walker LLP, presented “Anticipation of Liti-gation: Can You Identify the Trigger?” at the Lorman Education Services’ Document Retention and Destruction Seminar in San Antonio.

Jerry Selinger, of Patterson & Sheri-dan, LLP, presented at the AIPLA 2009 Spring Meeting in San Diego, Calif.

John Slavich, of Guida, Slavich & Flores, served as an instructor for the Brownfield Technical Assistance Course, sponsored by Texas Commis-sion on Environmental Quality.

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.

conTinueD from page 13

Ken Fuller has a passion for pro bono work, particularly in the field of family law. Despite being a name partner with Koons, Fuller, Van-

den Eykel & Robertson, P.C., he chooses to spend most days donating his talents and experience to the Dallas Volunteer Attorney Pro-gram to assist l o w - i n c o m e residents. But his efforts don’t end there.

Noting that many needed expenses are not covered in the typical DVAP budget, he recently sent a personal letter to the executive com-mittee of the State Bar of Texas Family Law Section, relaying some current sta-tistics and he told them of a few press-ing needs in Dallas.

A former chair of the section, Mr. Fuller has practiced law 47 years, and the section inducted him into its Hall of Legends. Undoubtedly, his plea garnered the attention of his colleagues.

The State Bar Family Law Section responded with a $5,000 donation to DVAP to cover various discretionary expenses, including costs of litigating cases, certified copies, DNA testing, pro-cess service and CLE training.

“They were very gracious,” Mr. Fuller says of the section’s leadership, “and we are so very appreciative of their assis-tance. Volunteering with DVAP has been a wonderful experience for me.”

The Family Law Section is the fourth-largest section of the State Bar and includes approximately 4,400 attorneys.

The Dallas Volunteer Attorney Pro-gram recruits, trains and supports pro bono attorneys in providing free civil legal aid to the poor in Dallas. Cases include bankruptcy, consumer, fam-ily, benefits, housing, wills and probate cases. Services are provided to residents who meet the financial eligibility guide-lines (the gross annual income of a fam-ily of four must be less than $26,500).

DVAP is a joint project of the Dallas Bar Association and Legal Aid of NorthWest Texas. Volunteer attorneys receive malprac-tice insurance, free CLE and mentoring.

For more information on Dallas Vol-unteer Attorney Program, contact Ali-cia Hernandez at ahernandez@dallasbar.org. HN

Donation Will Bolster Pro Bono ServiceBy Darlene HuTcHinson BieHl

Kenneth D. Fuller

DBA Outstanding Minority Attorney Award~ Nominations Being Accepted ~

Criteria and Eligibility: Must be a current DBA member in good standing and in good standing with the State Bar of Texas. Must have demonstrated outstanding service to the DBA. Must have demonstrated outstanding service to the community. Must demonstrate a high level of professionalism and integrity.

Deadline for Submission: October 2, 2009

Past Recipients: Sara Sanchez Hewitt, Florentino A. Ramirez, Joel Winful, Aurora Madrigal, Tonya Parker, Michele Wong Krause, Aaron Ford, Lisa Page,

Martin Garza, Andrea Frye, Paul Stafford, Sheri Crosby and Wesley Young

Sponsored by the DBA Minority Participation Committee.To obtain nomination form, contact Alicia Hernandez at

ahernandez@dallasbar.org or 214-220-7499.

August 2009 Dal las Bar Assoc ia t ion l Headnotes 15

DVAP’s FinestPaul Vigushin

Paul Vigushin is a sole practitioner with a gen-eral civil practice in Richardson. He assists DVAP clients with divorces, bankruptcies and guardianships, and often mans the phones for the DBA LegalLine. Paul represented four DVAP clients in their Chapter 7 bankruptcies last year, helping to fill a critical need for bank-ruptcy attorney assistance at DVAP. In addi-tion, for the past two years, Paul has chaired the DAYL Ask-a-Lawyer event, which is co-spon-sored by DVAP. “My early mentors showed by example that you could be a successful attorney, have a booming practice, and find time to help those in need. Besides, doing pro bono work was about the only way for a young lawyer to see the

inside of a courtroom. The goodwill generated by helping others pays manifold dividends for our profession as a whole,” he says. Thanks for all you do, Paul!

Pro Bono: It’s Like Billable Hours for Your Soul.To volunteer or make a donation, call 214/748-1234, x3316.

A joint legal aid program of the Dallas Bar Association and Legal Aid of NorthWest Texas(formerly Legal Services of North Texas).

Classifieds AugustPOSITIOnS AVAIlABlEPalmer & Manuel, LLP is seeking one experienced family law attorney with portable business. Please contact Rebecca Manuel at rmanuel@pamlaw.com and visit our website at www.pamlaw.com for more information.

Clouse Dunn Khoshbin LLP, an estab-lished, AV-rated boutique firm located in downtown Dallas is seeking a full-time attorney with at least 7+ years of experience specializing in employment law and employment litigation. Strong writing skills required. Send resume to debra@cdklawyers.com.

Godwin Ronquillo PC is seeking an associate with 1 1/2 to 3 years experi-ence in commercial litigation. Court clerkship time a definite plus and equal to time worked in a law firm. Must have excellent research and writing skills. Submit writing sample with resume. Contact employment@godwinronquillo.com. Principals only.

Energetic lawyer with passion? Share offices with established counsel and pro-fessional staff. Plenty of overflow busi-ness. Centrally located to three county seats. Tremendous opportunity for right person. Bring your staff and be ready to eat what you kill. E-mail resume, cover letter and any questions to reallawyer@charterinternet.com.

AV-rated, Plano-located, family law firm seeks hard-working, ambitious associate with one to three (1-3) years of family law/litigation experience. Sal-ary commensurate with performance. Excellent support staff and diverse established clientele. Contact Lead Office Manager, Jennifer Lynette, at 817-905-3831 or fax resume and cover letter to 972-380-4229.

POSITIOn WAnTEDHelp for the solo and small firm prac-titioner. Outstanding research, writing and oral advocacy skills. Work experi-ence includes business litigation, tort and insurance cases. Former judicial

clerk, law review, appellate experience. Very competitive rates. 214-866-0026.

Attorney starting own practice with 4+ years experience in banking, real estate, and business entities seeks over-flow work. Compensation variable based on other factors in arrangement. E-mail inquiries to AndrewKJenkins@gmail.com or call 214-886-6039.

Need help without full-time hire. Solo practitioner with 15 years experience seeking overflow work to supplement practice. Large firm experience in business transactions, litigation and bankruptcy. Top academic credentials. Of counsel relationship possible. E-mail to mark@business-lawyer.net or 214-331-6300.

OFFICE SPACECPA firm has corner office on 8th floor at Knox/Henderson and Central Expy to share with CPA or attorney. Space includes administrative assis-tant, conference room, kitchen, tele-phones, high-speed DSL and copier. Available January 1, 2010. Call Dana at 214-559-3690.

High-rise views at low-rise rates. Pan-oramic views from 63rd floor. Class-A downtown space close to courthouse, AV-rated law firm. Access to large con-ference room, library, kitchen. Secre-tarial, clerical, reception available. Two offices available. One office has a very nice secretarial station. Negotiable. Call Kay 214-761-6463.

Hidden in the shadow of CityPlace. For lease ±4,000 ft. second floor of garden office building at 4225 Office Parkway, two blocks east of Central, one block north of Haskell. Recently remodeled. $13.25 full serve + 40% electric on minimum two-year lease. Some covered parking, nice reception, conference and kitchen. 972-367-6540 or pbogner@stoneeagle.com.

Northpark/Central Expwy — Law firm has two large partner offices and one smaller office for sublease in Class A building. Best views in town overlooking

downtown and Park Cities. Great loca-tion with excellent finish out, elevator exposure and easy access to/from Cen-tral Expwy. Includes use of large confer-ence room, secretarial space and kitchen. High-speed DSL, telephones, copier/scanner and on-site storage also available. Call 214-292-4202.

Walnut Glen Tower (Walnut Hill/Cen-tral Expwy) Office: Spacious office in relaxed, yet professional 3-lawyer envi-ronment, including secretarial station, conference room, kitchen, copier, tele-phone system, DSL line, garage park-ing, penthouse view and other ameni-ties. Call 214-750-1500 for details.

Move-in special. 3 months free rent in Preston Tower. 2 offices. Shared ameni-ties (kitchen, conference room, recep-tion area, private bath, copier). Call 214-369-1171 or e-mail herbhooks@aol.com.

Executive suites. All amenities bun-dled at one reasonable rate includ-ing conference, kitchen, high-speed Internet, T-1 phone rates, Internet fax, receptionist, 24/7 HVAC, 24/7 access, etc. Beautiful ‘A’ garden building in Richardson directly at the DART stop near 75 Central and Spring Valley. Cur-rent tenant roster is largely attorneys. 972-367-6540 or 972-367-6527.

North Dallas Tollway (Galleria area) office space. Hardwood floors and ornate mahogany paneled walls in common areas. One office (approx. 13.5 x 13.5) with built-in mahogany secretarial car-rel (located in outer office area). Access to three conference rooms, copier, post-age meter and two kitchens. Reception-ist services available. Please call Kristi at 972-934-4100.

Office space near Victory and West End. 501 Elm Place building has exposed wood beams and original brick walls. The seven-story atrium allows for natural light. Located across from the Records Building and the Sixth Floor Museum, the DART rail line runs directly behind the building on Pacific Ave. Take clients to eat dinner at Mor-tons located in the basement or to eat lunch in the West End Historic Dis-

trict which is within walking distance. Remodeled “Ready To Move In” offices are available and ready for you. Sizes available: 626 sq. ft., 1,097 sq. ft., 1,414 sq. ft., 1,552 sq. ft., 1,633 sq. ft., 3,679 sq. ft., 5,107 sq. ft. Call Scott Ehley for information at 972-241-3545 or e-mail at sehley@international-capital.com. Mention the ad and receive a moving allowance!

Uptown Dallas office suite. Two law offices and secretarial space for rent in boutique litigation law firm, 650 square feet. Free parking and access to DART. Use of conference rooms, copy/mail center and kitchen. Great opportunity for patent and IP lawyers to share busi-ness. Contact Elena at 214-969-9099.

Plano office space. Easily accessible to George Bush and Dallas Tollway. Two executive offices with plenty of support staff space available. Approximately 850 square feet, second level. Full ame-nities. For further information please contact Jennifer at 972-380-4222.

SERVICESMexican law expert. Attorney/former law professor testifying since 1997 in U.S. lawsuits involving Mexican law issues – Mexican claims/defenses; per-sonal injury; moral damages; forum non conveniens. Co-author, leading treatise in field. J.D., Harvard Law. David Lopez 210-222-9494 / dlopez@pulmanlaw.com.

Damage Calculations. Do you need damage calculation services for per-sonal injury cases? If so, call Verlin Taylor at 214-536-5361 or vktaylor@sbcglobal.net for reduced fees on dis-covery, file review, report development and depositions.

RATES & DEADlInESHeadnotes is mailed monthly to approx-imately 10,000 attorneys in the Dallas area, and is ideal for announcing avail-able office space, job openings, items for sale, services, etc. Deadlines: Ad text and payments are due on the 10th of the month prior to the issue date. For more information: Request rate card and details from Judi Smalling at JSmalling@dallasbar.org.

16 Headnotes l Dal las Bar Assoc ia t ion August 2009

The Fifth Circuit’s December 2008 decision in Gray v. U.S., 2008 WL 5235989, is the latest case to address the IRS’s ability to collect

taxes by levying or attaching the sole management community property of a nonliable spouse.

In Gray, the other spouse was non-liable because she qualified for inno-cent spouse protection. The question before the court was whether the IRS could reach her sole managed com-munity property to pay her husband’s tax debt. The Fifth Circuit ruled that the IRS could, but only the husband’s 50-percent interest in that property.

Community and Separate Property

Texas law defines community prop-erty as property, other than separate property, acquired by either spouse during marriage. There is a rebut-table presumption that all property acquired during marriage is commu-nity property.

Under federal law, each spouse is considered to own a 50-percent interest in community property. Income earned by either spouse is considered com-munity income for tax purposes. That is, if spouses file separately, each is to report one-half of each spouse’s income on their respective tax returns unless an agreement exists to the contrary.

(Note: A 50-percent presumption does not necessarily obtain on divorce. The presiding judge in a divorce case

may make a disproportionate division if the judge deems that division to be “just and right.”)

Texas law defines separate prop-erty as property owned by a spouse before marriage, property acquired by a spouse during marriage by gift, devise or descent, and any damages recovered by a spouse for personal injuries that do not represent loss of earning capacity during marriage.

Joint and Sole ManagementTexas law distinguishes between

community property subject to the joint management, control and dispo-sition of both spouses, and community property subject to one spouse’s sole management, control and disposition.

The distinction between joint and sole management community prop-erty is critical to determine how far the IRS and other creditors may reach to collect against a nonliable spouse.

A spouse is considered to have sole management, control and dispo-sition over community property that that spouse would have owned if that spouse were single, such as a medical practice. This sole management com-munity property includes personal earnings, revenue from separate prop-erty, damages recovered for personal injury attributable to loss of earning capacity, and the increase in value, mutations and revenue of all property subject to a spouse’s sole management, control and disposition.

Texas law defines community prop-erty subject to joint management, control and disposition as all com-

munity property that is not subject to a spouse’s sole management, control and disposition, for example, a joint financial account. (Note: The parties may enter into an agreement to pro-vide otherwise.)

General Creditor’s ReachAlthough each spouse has a

50-percent interest in the community property, Texas law limits the types of community property that a creditor may reach to satisfy a spouse’s sepa-rate liability.

To satisfy that liability, Texas law allows a creditor to reach all of a lia-ble spouse’s community property sub-ject to that spouse’s sole management, control and disposition. A creditor may also reach all community prop-erty subject to the spouses’ joint man-agement, control and disposition, and all of the liable spouse’s separate prop-erty. Whether the debt was incurred before or during marriage does not matter.

A creditor may not reach any por-tion of the community property sub-ject to the nonliable spouse’s sole management, control and disposition, or the nonliable spouse’s separate property. A spouse that incurs con-tractual liability will bind the share of the noncontracting spouse’s com-munity property subject to the sole or joint control of the contracting spouse, but the noncontracting spouse is not “personally liable” for the obli-gation. The creditor, however, can-not reach the noncontracting spouse’s sole management community prop-

erty. That is, the creditor can only reach the contracting spouse’s sepa-rate property, sole management com-munity property, and any joint man-agement community property.

IRS ReachUnder federal law the IRS has a

further reach than a general creditor. It may also reach the liable spouse’s 50-percent interest in the non-liable spouse’s sole management community property to satisfy a separate federal tax liability. For example, whereas a general creditor cannot reach the liable spouse’s interest in an account held in a nonliable spouse’s sole name, the IRS can reach 50 percent of that account.

Caveat 1: This analysis of a credi-tor’s reach does not apply to tort lia-bility incurred during marriage. For liability based in tort, such as per-sonal injury to a third party caused by one spouse, the injured party can reach the sole managed community property of the other spouse, but not that spouse’s separate property.

Caveat 2: If a spouse incurs a con-tractual debt for necessaries, such as emergency medical care, the creditor can reach both the separate property and sole managed community prop-erty of the noncontracting spouse.

Caveat 3: The protection afforded by Texas homestead laws is beyond the scope of this article. HN

Thomas P. Jackson is an attorney practicing in Dallas focusing on financial issues in family law litigation. He can be reached at tpj@dfwlawyer.com.

Focus Probate/Trusts & Family Law

Sole Management Community PropertyBy Tom Jackson

Stephan R. Leimberg is CEO of Leimberg and LeClair, Inc., an estate and �nancial planning software company, President of Leimberg Associates, Inc., a pub-lishing and software company in Bryn Mawr, Pennsylvania, and Publisher of Leimberg Informa-tion Services, Inc. which provides e-mail based news, opinion, and information for tax professionals.

Leimberg is the author of numer-ous books on estate, �nancial, and employee bene�t and retirement planning and a nationally known speaker. Leimberg is the creator

and principal author of the entire Tools & Techniques series.

A nationally known speaker, Professor Leimberg has addressed the Miami Tax Institute, the NYU Tax Institute, the Notre Dame Law School and Duke University Law School's Estate Planning Conference, the National Association of Estate Planners and Councils, and the AICPA's National Estate Planning Forum. Leimberg has also spoken to the Federal Bureau of Investigation, and the National Aeronautics and Space Administration.

Leimberg was named 1998 Edward N. Polisher Lecturer of the Dickinson School of Law and was a featured speaker at the American Bar Association's Tax Sections Annual Meeting.

Stephan R. Leimberg

The Dallas Jewish Community Foundation Presents the 14th Annual Professional Advisors Seminar: What’s Hot, What’s Not: 2010 Edition

Thursday, September 17 2009 Breakfast at 7:30 a.m.

Seminar 8:00 a.m. - 10:00 a.m.

Our 2009 Seminar has a new location:Westin Park Central12720 Merit DriveDallas, TX 75251

Valet parking $10. Surface self parking is complimentary.

Earn 2 CE HoursRegister online at www.DJCF.org

2009 Sponsors

Prescott Pailet Bene�ts LP

Bessemer Trust Cole & Reed, PC Financial Planning AssociatesGardere Wynne Sewell, LLP Hunton & Williams, LLP Jackson Walker, LLPKlein & Pollack, LLPKroney Morse Lan, PC Lane Gorman Trubitt, LLP

Philip Vogel & Co., PC Silverman Goodwin, LLP Stanford M. Kaufman and Associates The Blum Firm, PC, Attorneys at LawTravisWol� Independent Advisors & AccountantsWeaver and Tidwell, LLP Winstead, PC Waldman Bros.

Early Registration: $50. After September 1: $60.Call 214-615-9351 or e-mail info@djcf.org

Bernstein Global Wealth Management A unit of AllianceBernstein L.P.