DENTON
COUNTY
www.dentonbar.com
LAWYER Volume 113, Issue 7 April 2004
From Your
Your
DCBA
DCBA Officers
President, Gary Kollmeier
President
Immediate Past President, Michelle
Jones
President-Elect, David Bouschor
Vice President, Brian Cartwright
S ummer is just around the corner,
and we have only two meetings
left this program year.
Secretary/Treasurer and Membership,
Jim Ashmore
CLE Director, Charles E. Beachley, III We have many exciting things planned
for the next few months. Look for
details shortly about the golf
DCBA Directors tournament at Robson Ranch from Bill Gary Kollmeier
Tiffany Haertling, Hugh Coleman, Neal and Patricia Ryan. The
Darcy E. Loveless, Earl Dobson tournament, on Friday, April 30 will be very fun and informative. Door
benefit Hannah’s House. You are prizes will be given away.
DCBA Committee Chairs encouraged to bring guests. We are
Courts Committee, Brian Cartwright also finalizing plans for the year-end We hope to unveil the new website at
Library Board of Governors, social in June. the May meeting. We will also
Roger Yale distribute the membership directory
Social Committee, I am excited to report that membership that day so we can include the new
Earl Dobson, Scott Alagood is up this year. Monthly meetings have local rules as approved by the
Fee Arbitration, Darcy E. Loveless consistently broken records. The Supreme Court. Please attend to pick
CLE Committee, Chuck Beachley CASA Ad Litem seminar drew over up your new directory.
Newsletter, Camille Milner 150 attendees. The upcoming Bench-
Internet/Web Page, Gary Kollmeier Bar and Young Lawyer’s CLE If you would like to become a director
seminars and luncheon meetings will or officer, please review the bylaws
DCBA Membership also draw large crowds. posted on the Bar website and contact
Your DCBA Membership includes any director or officer for information
• Free and discounted CLE programs The April 2 Bench-Bar Conference, about the process.
coordinated by Chuck Beachley,
• Monthly lunch and happy hours
includes an informative and interesting To allow for greater continuity, one of
• Networking opportunities program. The CLE for the April lunch our strategic goals this year was to
Your DCBA Membership offers meeting will be led by Bob Eames and implement a program to determine
• Family Law Section Curtis Loveless and will focus on the which new and ongoing programs and
grievance process. All Denton County activities will be supported in the next
• Real Estate, Trust, and Probate Law
attorneys are invited. Lunch for year. Please let me or David
Section
nonmembers costs $15.00. Bouschor, your incoming president,
• Criminal Law Section
know of programs or functions you
• Denton County Trial Lawyer’s The Denton Young Lawyers have would like to see next year. Your input
Association
lined up a varied program appealing to helps plan events and programs that
• Greater Denton County Young
all lawyers. This May 7 seminar will appeal to all members.
Lawyers Association
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2004 Bench-Bar Conference
Friday, April 2, 2004
riday,
Country
Oakmont Countr y Club, Corinth, TX
Time Topic Speakers
8:15 AM Registration None
8.55 AM Welcoming/Opening Remarks Gary Kollmeier
9:00 AM District Judges Panel Discussion (Family) Judges Jake Collier, Lee Gabriel, Vicki Isaacks, Bruce
McFarling, Carmen Rivera-Worley, L.D. Shipman*
9:45 AM Judges Panel Discussion (Civil) Judges Margaret Barnes, Jake Collier, Lee Gabriel, Vicki
Isaacks, Bruce McFarling, Carmen Rivera-Worley, L.D.
Shipman*
10:30 AM Break None
10:45 AM District Judges Panel Discussion Judges Jake Collier, Lee Gabriel, Vicki Isaacks, Bruce
(Criminal) McFarling, Carmen Rivera-Worley, L.D. Shipman*
12:00 PM How to Avoid a Grievance II Robert Eames, Curtis Loveless
(DCBA Monthly Luncheon Meeting)
1:30 PM County Criminal Court Judges Panel Judges Joe Bridges, Jim Crouch, David Garcia, Richard
Discussion Podgorski, Virgil Vahlenkamp*
3:15 PM Break None
3:30 PM Contested Matters in Probate Court Judge Don Windle, Associate Judge Tom Whitlock
4:15 PM Juvenile Judge Darlene Whitten
Yes, Your Honor, perhaps I am
an ignoramus for missing Your
Honor’s presentation at the 2004
DCBA Bench-Bar Seminar.
Program Cost
• Lawyers licensed two years or less, $75.00
• Lawyers licensed two years or more, $100.00
CLE Credit
• Seminar offers 6.00 hours of CLE credit.
• Luncheon offers 0.50 hours or CLE credit.
*
Some Judges may not be able to attend this session.
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Family News
SectionLaw Section News
Trial
The Good that Trial Lawyers Do
By David S. Casey, Jr., President ATLA; Contributed by Frank G. Lyle
As last year came to a close, I without trial lawyers, America would Reports of civil lawsuits that have
received an e-mail message that be more like Pottersville—that is, resulted in more responsible business
described 2003 as the year of the Bedford Falls without George Bailey. practices and a safer society would fill
greatest assault on the US civil justice volumes. Consider these: A 1970 case
system in history. From my Safety and Responsibility of a four-year-old burned badly by
perspective, it certainly appeared that Many in positions of power do not like highly flammable pajamas led to
way. Without trial lawyers, what would the scrutiny that litigation brings. These congressional action setting tougher
our country be like? That question powerful interests seek to close the standards. Injuries and deaths caused
makes me think of the experience of doors of the justice system to the by the Dalkon Shield intrauterine
George Bailey, Jimmy Stewart’s public. They want to dismantle a legal device gave rise to litigation that
character in the classic film It’s a system that is the envy of the world. forced the manufacturer, A.H. Robins
Wonderful Life. A US senator once told a corporate Co., to remove its product from the
CEO that our civil justice system is the market. As a result of a 1998 lawsuit
We all know the story: At a moment of “moral compass” for American brought by a Boeing employee who
crisis, George can’t see the good he business because it compels contracted leukemia after continual
has done for his family and community, companies to integrate safety and exposure to electromagnetic pulse
and he is tempted to give up. The responsibility into their culture. We radiation, the company implemented
revelation that his life and work have have seen what happens when safety procedures to protect others.
made a difference gives him hope and companies ignore safety and And most recently, after numerous
a renewed sense of purpose. environmental considerations in pursuit lawsuits were filed seeking
of profit: Society pays, in increased compensation for deaths linked to the
Like George, we occasionally need to health care costs and decreased dietary supplement ephedra, the FDA
be reminded of the good we have productivity. banned the product.
done. For years, we have made
insurers pay losses when they are due. Our colleague Joe Jamail—in his Those who attack civil justice do not
We have forced auto makers to design autobiography, Lawyer: My Trials understand that they are attacking the
safer cars, minimizing injuries and and Jubilations—describes a verdict legal system that protects them. In a
saving innumerable lives. Because of (one of many in his extraordinary now well-known ironic tragedy, one
our work, industrial polluters have career) that not only compensated his tort “reform” advocate learned this the
compensated those they have harmed client but forced a product recall. He hard way: A medical association
and cleaned up the environment. writes: lobbyist, Frank Cornelius, who had
Legislation didn’t change tobacco worked for passage of a medical
industry marketing campaigns aimed at This is the exercise of law at malpractice damages cap in Indiana in
children; trial lawyers did. Where its most fundamental level, the the 1970s, later became a victim of
sexual abusers have preyed on protection of the public medical negligence. When he sought to
innocent victims—in the therapist’s interest. If there is a hold those who had injured him
office, the workplace, or the church— distinction I believe justifies accountable, the very law he had
trial lawyers have forced institutional my existence on Earth, it is helped enact limited his rights. He
changes and held the abusers this: I am personally worked to change that law until his
accountable. responsible for three national death.
recalls—by Remington Arms,
America’s standards for product Honda, and Parlodel drugs. Many legislators support tort “reform”
safety and professional conduct are They can engrave that on my except when they or their families
among the highest in the world. But tombstone. Trail Lawyers continued on page 4.
3
Section News
Denton County Fee Arbitration
Fee Section Meetings
By Darcy Loveless
Family Law
The Denton County Bar Association offers a Fee Arbitration Committee for Date:
your use and benefit. The committee is made up of several panels of three—two April 26, 2004, 5:30 PM
attorneys and one nonlawyer per panel, split evenly across gender and area of networking, 6:00 PM program
county residence. Each August we replace both attorney and nonlawyer Program:
members of the committee. Real Estate in Family Law,
Speakers: Scott Alagood,
The committee arbitrates any fee dispute, but has no method to force a fee Ronnie Anderson
arbitration. If you have a fee dispute, contact my office for an inquiry form to Location:
complete. After receiving the completed form, we will inform the other party The Greenhouse
that an arbitration has been requested. If the other party agrees to participate,
we will assign a panel of abitrators and arbitration date. If the other party does REPTL
not agree, a Judge must order you and the other party to participate in an Date:
arbitration before we can schedule the arbitration. The arbitration panel issues a April 24, 2004, 12:00 PM
written award to the parties. Program:
TX Principal and Interest Act &
For those wishing to add fee arbitration to their contract, my office has some TX Prudent Investor Act,
language, which I believe was adopted from Mike Gregory. Other resources Speaker: Rex Hogue
include many attorneys in town who have provisions that make fee arbitration Location:
mandatory. It would be my hope that for attorneys with mandatory fee Courtyard Café
arbitration in a contract, the Courts would be likely to order disputes to our
committee. To use this resource, contact Darcy Loveless at (940) 387-3776 or Trial Lawyers
(972) 484-3844. Date:
April 21, 2004, 12:00 PM
Program:
Trial Lawyers continued from page 3.
Negotiation of Health Care
become the victims of wrongdoing—then they don’t hesitate to turn to the
Claims and Hospital Liens,
courts for justice. This is hypocrisy at its worst.
Speaker: Doug Robinson
Location:
Consumers do not want their rights restricted for the sake of greater
The Radisson Hotel
corporate profits. What they do want are sensible laws and a jury system,
one not subject to political pressure, where people like themselves can make
CLE Credit
reasoned decisions. They recognize that jurors, who are regularly entrusted
These meetings provide 0.50 hours of
with deciding whether a criminal defendant will live or die, are clearly CLE credit with specialization credit in
capable of sorting through complex issues to make fair decisions in civil one or more related areas.
cases.
The past year was a challenging one, and 2004 will
probably bring ever greater threats to the civil justice
system. The attacks will stop only if trial lawyers stop
representing people harmed by powerful interests. As long
as we remain dedicated to the public good, that won’t Meeting your content needs
happen, and ATLA will continue leading the charge against • Brochures • Publications
every assault on citizens’ rights. • Forms • Trial Exhibits
Reprinted with permission of TRIAL (February 2004). 1413 E. McKinney • Denton, TX 76209
Copyright the Association of Trial Lawyers of America. (940) 384-9407 x 227
4
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KARIN SELIGMANN
RESIDENTIAL SPECIALIST
Direct (940) 391-1131
Office (888) 484-9411 Toll Free
Fax (940) 382-2773
E-Mail: karinsells@realtor.com
2434 Lillian Miller Parkway
Denton, TX 76205
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207 W. HICKORY, STE. #304 DENTON, TX 76201
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DALLAS, TX 75206 PEYTONO@YAHOO.COM Denton, Texas 76210
6
History
DCBA in Histor y
The Search for the
Holy Grail
Or, Sometimes a Lawyer Can’t
Or, Can’t
Help but do Good
T he practice of law is a business.
Some are good and some are bad
at business. But, sometimes the bad
One afternoon, George requested I get
involved in a capital murder case
involving a murdered Dallas Police
businessman/lawyer leaves a legacy officer. It was a most controversial By Staff Writer and DCBA Historian
that all lawyers aspire to achieve. A case involving the then unknown (photo circa 1968)
case in point is that of George A. Randall Dale Adams. Though claiming
Preston. innocence, Adams had been convicted partly due to the strain of the Adams
and sentenced to death in Dallas on case. Adams remained in prison with
George was born, raised, and educated the word of Teresa Turko, a Dallas only George Preston working to free
in Denton County. His mother was Police officer. him. More than a decade of work,
from a distinguished family and his interviews, gathering evidence, cajoling
father ran Jagoe Public before his We met with Adams’ visibly shaken witnesses, and seeking help followed
untimely death. George’s mother lawyer, Dennis White. White told an for George without hope of
started the Selwyn School when she incredible story of prosecutorial reimbursement.
decided she wanted more education misconduct. White, about thirty at the
for her son than was provided by the time, was so disgusted he never again One day a filmmaker named Errol
Denton Public Schools. George grew practiced law to my knowledge. Morriss became interested and
up privileged, went into the Peace produced a film called “Thin Blue
Corps after college, attended UT Law As there was limited money, we Line” outlining the fraud, perjury, and
School, and came back to Denton brainstormed a bit and I left the matter corruption of the prosecution of
County to practice law. to George and Melvin Bruder. They Adams. George recruited his friend
ultimately appealed the case to the US from Houston, Randy Shaeffer, to help
Intrigued by criminal law, George soon Supreme Court, which overthrew the with the legal problems and they got a
began hanging out in the flesh-pots of death penalty as applied and reversed hearing.
that calling. He became a partner with the case—a wonderful win in a
Alan Levy and Hal Jackson for some difficult case. At the end of the hearing Adams was
time. On the death of County Judge freed, the true killer confessed in
John Crawford, he was appointed Unexpectedly, Henry Wade, the prison and a case doggedly pursued for
County Judge. Being County Judge District Attorney of Dallas County, more than a decade against all odds
was probably the last time George asked the Governor to commute the and financed from George’s own
made money as a lawyer. death sentence to one of life. The pocket ended in a victory for the
Governor complied, and Adams was to defense.
When his County Judge term ended in remain in prison for life, despite all of
the late seventies, George moved his the effort. There was a small victory party;
practice to Dallas and became a Adams went home to Ohio and never
partner of Melvin Bruder, a storied, More years went by and more appeals contacted George again. George
colorful, and brilliant criminal lawyer. and writs of habeas corpus were filed Preston died a few years later from
They barely scraped by on criminal in Federal Court to no avail. Bruder brain tumors.
cases. and Preston broke apart in the interim,
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Address Service Requested
Denton, TX 76202
P.O. Box 1621
Denton County Bar Association
DCBA: The Place to Be, 2003-04!
Announcing
April Bar May Bar ournament
Tour
Golf Tour nament
Luncheon Luncheon
The DCBA will sponsor a golf
tournament on Friday, April 30 at
Robson Ranch. Proceeds benefit
Time: Time:
Hannah’s House. For more
Noon, Friday, April 2 Noon, Friday, May 7
information, please contact
Place: Place: Patricia Ryan at 940-591-1191 or
Oakmont Country Club Oakmont Country Club Bill Neal at 972-436-9300.
1200 Clubhouse Drive 1200 Clubhouse Drive
Corinth, TX 76210 Corinth, TX 76210
Member Joys and
Program: Program:
Concerns
How to Avoid a Grievance II Annual Business Meeting
• Helena Rose Coleman was born
Speakers: Dsitribution: on February 10, 2004 to Bar
Robert Eames, Curtis Loveless Membership Directory Director Hugh Coleman and his
wife, Bernadette.
• Jim Ashmore’s father, John
Ashmore, passed away on
For more information, contact Camille Milner at 940-383-2674 or scm@denton-texas.com.
March 12, 2004.
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