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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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