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6 Headnotes 1 (1982)

handle is hein.barjournals/hdba0006 and id is 1 raw text is: DALLAS BAR @,AAS BA ASSO CATI N, 12 JANUARY 18, 1982 et cetera By Judge Jerry Buchmeyer A Tradenaime Exxonerated? Shakespeare, of course, had A Word for ichers of trademarks and trade rames: Whi steals my purse steals trash; 'tis somethm~g, nothin. . But he that ilches froin me my good name, Robs of that whichz not en- rrhes him, And makes me poor indeed.' (Othello, Act III, Scene 4II) d But Pat Holloway had even more .words when accused o a trade naie violation -in a ter that has be- coe an Underground Classic among select Dalas lawyers. After graduating from the University of Texas Law Sc ool (circa 1955), Pat spent several years with Thopson & Knight; 2 next was in partnership I o some time witi the alleged Marshal Simmons; 3 aid then wcnt into the oil and/or gas business with ris friend, Bill B owning. They chose the name Humble Explor- ation Company, or their venture, and Pat's letter explains why: When Bil and I decided to go into me oil ousiess, one even- ing over driinks after temporarily cxhausting the subject of womren, we agreed that while our many virtues and various attributes were undoubtedly sufficicut to assure our success in the oil exploration business both ofus could, in all honesty, bc somre- what deficient in humility, and we dcided that while tis might be n handicap ir the p rsuit of womnci it coulid conccivably prove to be a detrien i tihe (continued to page 8) VOLUME 6, NUMBER 1 Constable: Eliminate Restrictions on Service The DBA's Board of Directors has directcd the CoutIouse Comrittee to investigate a proposal by T_ A. Vines, Constable F Precinct 7, that constables once again be allowed to serve papers countywide. Vines appeared before the Board in December, 1981 and expressed his concern that a Coiissioner's Court policy wich restricts the constables to servirng papers witlin thei own pe_ cincts is uninecessary and is costing litigants extra rnoney. Until three years ago, each cor stable could serve papers countywide. Viines asked the DBA for its support in an effort to lobby the Commissioner's Court to remove the geographic restric- tion on the constables. Vines also promised that his office would trouble- shorot for any attorney whose papers had not been served. Vines attacked the practice of some attorneys of filing affidavits stating that they could not get service through the constables, saying, It's flat not true. Vines admitted that there have been problems with securing service, but says that now the constables can handle all service, with the exception of a possible problem i Precinct 1. Vines said that this matter is also very important because the constables charge just $20 to sefve papers while private process servers charge $45 and up, thus increasing the costs of litigation. Let us go back countywide, let us serve the people, Vines said, as ie (contined to page 5) Referral Service Posts Gain The DBA's Lawyer Referral Service posted a hree percent increase in the number of clients referred in 1981 as compared to 1980, marking the first time an increase has been posted since the 1978 advent of lawyer advertising. Th e November anidDcemrber, 1981 increases were substantially ier than earlier in the year and may be due to the half page ad in the yellow pages published ni October, 1981, Previously, tle Serv ce had ad only a quarter page ad. Slightly over 50 percent of all re* teirals originatc fro r r yellow pagcs ad Forty pcrcent of the cVients are referred riom ot er ag'encies and 10 percernt fromrn miscellarieous so irces. 0f thie referrals in 1981, 32 percet of the matters inivolved namly law, whe 10 pececnt were ciini law Digitized from Best Copy Available cases. Real estate matters accounted for 7-5 percent and collections ac- counted for 5 5 percent. In 1981, 3,294 clients were referred to the 517 lawyers participating in the panel as compared to 3,207 clierts re ferred in 19O. The ruiber o people caling for information was aso up fron 13 612 in 1980 to 5192 in 1981. July I, 1981 the fee for ahalfhour coinsultationi with a lawyei on the re- ferral panel was raised froni $15 to $20. Based rn such. fees, t e cervice coliccted a tota of $49,835 iri 1981, upfroni $42,580 ii 1980 Of th e clients reercd, approxi inately 85 pecec it failed to show up compaied toa35 pecnct r o show statistic fohwyer nekraJ servie across ch ouiitry

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