Meet Your Bar Association President Susan B

ALSO INSIDE: Cellular Radio Frequency Coverage Stigler Act Amendments

Volume 91 — No. 1 — January 2020

Meet Your Bar Association President Susan B. Shields FRIDAY,

APRIL 17, 2020 Cosponsored by Oklahoma City National 8:55 a.m. - 4:30 p.m. Memorial & Museum and the Oklahoma City University School of Law

Oklahoma City University School of Law, McLaughlin Hall 800 N. Harvey Ave., OKC, OK MCLE 7/0 THE CRIME, THE TRIAL, program planners: Stephen Beam, THE RESPONSE Melissa DeLacerda

Topics and Speakers include:

• The Crime: Jon Hersley and Larry Tongate, Retired FBI

• The Evidence: Bob Burke, Attorney, Author, Historian

• The Trial Proceedings: Brian Hermanson, District Attorney, District #8, Kay & Noble Counties, Defense attorney for Terry Nichols.

• The Trial Reflections: The Honorable Steven W. Taylor, Oklahoma Supreme Court Justice (Ret.) Presided over the Nichols’ trial. moderator: • A Unique Moment in History: Charlie Hanger, Sheriff, Noble County, Made historic traffic stop and arrest of Timothy McVeigh. Bob Burke, Attorney, Author and Historian • The Response: Featuring a survivor, first and second responders.

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contents January 2020 • Vol. 91 • No. 1

THEME: Meet Your Bar Association Editor: Carol Manning

FEATURES PLUS 6 2020 OBA President Susan Shields 42 Determining Radio Frequency Coverage By Laura Wolf in Criminal Cases 12 OBA Officers and Board of Governors By Richard Miletic 20 OBA Departments and Services 50 The Stigler Act Amendments of 2018 By Conor Cleary 26 Member Benefits 31 Stay Connected With Your Association 32 OBA Sections

DEPARTMENTS 4 From the President 54 From the Executive Director 56 Law Practice Tips 62 Board of Governors Actions 64 Oklahoma Bar Foundation News 66 Young Lawyers Division PAGE 42 – Radio Frequency Coverage 68 For Your Information 70 Bench and Bar Briefs 72 In Memoriam 74 Editorial Calendar 77 What’s Online 80 The Back Page

PAGE 50 – Stigler Act Amendments From The President New Year’s Resolutions for the Oklahoma Bar Association By Susan B. Shields

NEW YEAR OFTEN BRINGS a commitment public perception.” Young lawyers and A to making resolutions. Most often my personal law students also experience high rates resolutions take the form of goals to write more let- of problem drinking and depression. ters to friends and family or to take trips to see loved These statistics reflect that at least ones, since I find that I have a much better chance 1 in 5 of us are suffering – meaning me of success at those than a promise to get up at 5 a.m. and you and our lawyer friends and every day to go to the colleagues. What can the gym. This year, how- OBA do to combat these ever, my resolutions are alarming statistics and centered around working to help our fellow law- on several initiatives One of my top priorities will yers who are struggling with the Oklahoma Bar whether from mental Association that I hope be education surrounding illness, depression, alco- to advance during my holism, substance abuse year as president. attorney wellness issues for or other addictions – One of my top priori- and why should the ties will be education sur- our OBA members. OBA play a role? rounding attorney well- The “why” is that these ness issues for our OBA issues not only affect members. In recent years, bar associations across the the lawyer and his or her family but also country have been focusing on the troubling statistics greatly impact the lawyer’s clients and can about attorney mental health, substance abuse and well- lead to loss of income and disciplinary ness. In 2017, the ABA Commission issues. Every state bar association in the on Lawyer Assistance Programs and country has a form of lawyer assistance Hazelden Betty Ford Foundation program in place to help our fellow law- published their study1 of nearly yers and also to try to head off problems 13,000 currently practicing lawyers. before they become disciplinary issues. The study found that between 21-36% One way the OBA can help is through of lawyers self-identify as problem the OBA’s Lawyers Helping Lawyers drinkers and that 20% or more strug- Assistance Program (often referred to as gle with some level of depression, LHL). For many years, the OBA has had anxiety or stress. As stated in the dedicated volunteers working on our LHL study, “the parade of difficulties also committee. Through the leadership of our includes suicide, social alienation, LHL committee, our LHL program was work addiction, sleep deprivation, evaluated by the ABA’s Committee on job dissatisfaction, a ‘diversity crisis,’ Lawyer Assistance Programs in 2018 and President Shields practices in complaints of work-life conflict, inci- the outcome of the evaluation reflected Oklahoma City. vility, a narrowing of values so that that the OBA’s LHL services should be [email protected] 405-552-2311 profit predominates, and negative expanded and improved. As a result, the

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4 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2020 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 91 — No. 1 — January 2020 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair content of their ads, and the OBA reserves Editor-in-Chief the right to edit or reject any advertising copy [email protected] LUKE ADAMS, Clinton for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita MACKENZIE SCHEER Advertising Manager PATRICIA A. FLANAGAN, Yukon BAR CENTER STAFF [email protected] John Morris Williams, Executive Director; AMANDA GRANT, Spiro Gina L. Hendryx, General Counsel; Richard LAURA STONE Stevens, Ethics Counsel; Jim Calloway, Director Communications Specialist VIRGINIA D. HENSON, Norman of Management Assistance Program; Craig D. [email protected] Combs, Director of Administration; Susan C. SCOTT JONES, Oklahoma City LAURA WOLF Damron, Director of Educational Programs; Communications Specialist ROY TUCKER, Muskogee Beverly Petry Lewis, Administrator MCLE [email protected] Commission; Carol A. Manning, Director of Communications; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS &

Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Melody Claridge, Cheryl SUSAN B. SHIELDS, President, Oklahoma Corey, Nickie Day, Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, City; BRANDI N. NOWAKOWSKI, Vice President, Shawnee; Suzi Hendrix, Debra Jenkins, Rhonda MICHAEL C. MORDY, President-Elect, Ardmore; CHARLES W. Langley, Jamie Lane, Durrel Lattimore, CHESNUT, Immediate Past President, Miami; MATTHEW C. Edward Maguire, Renee Montgomery, BEESE, Muskogee; MICHAEL J. DAVIS, Durant; TIM E. DECLERCK, Whitney Mosby, Tracy Sanders, Mackenzie Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO GARRETT, Scheer, Mark Schneidewent, Laura Stone, Tulsa; BRIAN T. HERMANSON, Ponca City; ANDREW E. HUTTER, Krystal Willis, Laura Willis, Laura Wolf & Norman; DAVID T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Roberta Yarbrough Oklahoma City; MILES T. PRINGLE, Oklahoma City; ROBIN L. Oklahoma Bar Association 405-416-7000 ROCHELLE, Lawton; D. KENYON WILLIAMS JR., Tulsa; JORDAN L. Toll Free 800-522-8065 HAYGOOD, Chairperson, OBA Young Lawyers Division, Shawnee FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid Lawyers Helping Lawyers 800-364-7886 at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year that includes the Oklahoma Bar Journal Board of Bar Examiners 405-416-7075 Court Issue supplement delivered electronically semimonthly. Law Oklahoma Bar Foundation 405-416-7070 students registered with the OBA and senior members may subscribe for $30; all active members included in dues. Single copies: $3

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THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 5 Meet Your Bar Association 2020 OBA President Susan B. Shields By Laura Wolf

ITH A QUIET NATURE AND APPROACHABLE DEMEANOR, 2020 OBA President WSusan B. Shields may not seem like the kind of person who has lived a life of adventure, but she has. Most of the adventure Susan has seen comes from her willingness to say “yes” when opportunity presents itself.

Susan’s parents met at a YMCA hometown fondly during her dance and settled on raising their school years. “There were two family in Bartlesville, her father’s high schools back then and our hometown. “I had a happy, normal schools were excellent, thanks in childhood. My younger brother, part to the influence of Phillips. It Scott, and I were far enough was a nice place to grow up, and apart in age, about three and a I appreciate it much more today half years, so we really weren’t in than I did when I left for college.” school together after grade school. With a lawyer father and an We fought some, but for the most artist mother, Susan was raised part, we got along.” in a home that allowed her to try new things and follow her heart. YOUNG SUSAN “I started playing piano in grade As home to the Phillips school, and I was in marching Petroleum Co., she recalls her band and orchestra all through school, including college. I played the oboe and the saxophone.” She even participated in student 1973 Stocker family photo government and also gave ath- letics a try, specifically track and sitting in the back seat of our giant field, cheerleading and basket- silver station wagon. We drove it ball. “Because I was tall, I played to Maine and back, hitting all the basketball in middle school. major stops along the way. I still Unfortunately for me, at least really enjoy traveling.” three of the girls I went to school Her first job, outside of babysit- with went on to play Division I ting for family friends and neigh- sports in college, and I was not a bors, was at the Bartlesville Public superstar basketball player.” Library. “I worked mostly in the Travel was also a staple of her children’s room at the library. childhood. “We took a lot of driv- I enjoyed the summer reading ing vacations back then. I have a hours where kids would come Susan at age one clear memory of my brother and I in and get to hear stories.”

6 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Susan in Stanford University Marching Band uniform with a bandmate in 1982 CALIFORNIA OR BUST living in California and chose When the time came for Susan UCLA for law school. Northern to attend college, she packed her California is my favorite but the bags and headed west with her beaches are better in Southern eyes set on California – Stanford California.” Her original plan was University to be exact. “When it to pursue a graduate degree in comes down to asking why I chose public policy while also attending Stanford, the short answer is that law school. “I knew I wasn’t going I got in. It was a life-changing to go very far with anything related experience. My undergraduate to science. My dad was a lawyer major was public policy, which is so I’d learned about being a lawyer a hybrid of sorts, with classes from from him. I ended up not getting a all different departments.” master’s in public policy and stuck With a bachelor’s degree under with law school.” her belt, Susan knew she wanted to After graduating from law continue living in California while In her marching band uniform talking to school in 1989, she began her pursuing graduate studies. “I loved her father in 1983 career in private practice with

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 7 could. “Being a working mom was always challenging. There’s no magic recipe, you just have to try to find that balance. I will say, one of the hardest things I ever did was be a dugout mom for tee ball. Trying to get those young boys in the right order for the batting lineup was harder than just about any legal problem I’ve ever faced.”

HOBBIES One of the pieces of her childhood that remains a big part of her life is traveling. Whether with her boys, her fiancé or her friends from college, Susan has seen quite With sons, Ethan and Sam, alongside her brother, Scott, in San Francisco in 2001 a bit of the world. a firm in San Francisco. It was at music program and is now at OU that first job that she witnessed majoring in letters. He’s interested The furthest I’ve ever been the 1989 Loma Prieta earthquake in writing and is in a band, so he from home is to Uganda. I that hit the San Francisco Bay area will have lots of options.” have worked with the charities on Oct. 17. “I had been working When it came to juggling her that support Sister Rosemary there for about a month when the family and work, Susan tried her Nyirumbe’s work in Africa, and earthquake hit. I remember stand- best to be present whenever she we visited her Saint Monica ing in our office building, looking out the window and watching entire buildings and freeways col- lapse. It was a lot to take in.” The earthquake killed 63 people and left 3,757 injured.

MOTHERHOOD In 1991, she moved back to Oklahoma, this time to Oklahoma City. “We didn’t have children yet, but the grandparents were all going to be here. We wanted to be closer to family.” She practiced with Hartzog Conger & Cason until joining McAfee & Taft in 2008. Susan’s oldest son, Sam, was born in 1996 and her second son, Ethan, was born in 1998. Both of her sons followed in her footsteps when it came to a passion for music, but not when it came to the profession of law. “Music was such a big part of my life that I got my boys into it. I don’t think they’ll become lawyers, though. Ethan is studying biochemistry at Colorado State and wants to work in genet- ics. Sam completed the ACM@UCO Susan and her sons with Sister Rosemary Nyirumbe in Gulu, Uganda, in 2016

8 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Susan with her sons, Sam and Ethan, in front of Buckingham Palace in 2019

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 9 Susan (front row, sixth from right) with her freshman dormmates in 1982 Girls’ Tailoring School in Gulu. kitchen baking. She boasted about areas that need improvement. She Their mission is to combat the her chocolate chip cookies and knows that her time in this role is terror created by Joseph Kony had no trouble listing a book or limited, but she is determined to and the Lord’s Resistance Army two when asked for her favorites. do what she can to build on the through vocational training After returning from a recent work done by those who came for young women. When Sam, trip with her Stanford freshman before her. The OBA is in good Ethan and I went to visit the dormmates, Susan offered up hands with Susan. school in 2016, it was like a this bit of advice for her younger whole new world. We ate din- self: “Slow down, have more ner with the nuns there every fun and be sure to cherish Ms. Wolf is an OBA night and met the children in your friendships.” communications specialist. the childcare facility. I brought a Polaroid camera with me, PLANS FOR THE OBA and we took pictures of all the As she steps into her role as teachers and children at the president, Susan is focused on school and gave the photos to her mission: lawyer wellness. “I them. For most of them, that hope to advance the discussion was the only photo of them- and focus on the issue of attorney selves they had ever had. wellness, including our Lawyers Helping Lawyers Assistance When she’s not traveling or Program, during my year as pres- working, Susan can often be ident.” She has an open mind and found with a book or in the is ready to listen to members about

10 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL PRESIDENTIAL TRIVIA

How do you keep up with current technology? What lawyer do you most admire? My sons help me, but I am sure I am about five My father, Allan Stocker, was the most significant years behind! influence of my legal career. He taught me the importance of being a “counselor” as a lawyer and Best way to spend a day off? his love for learning and for the legal profession My fiancé, John, and I enjoy being at the Llano encouraged me in my law practice. I have always River in Texas Hill Country with the dogs, especially strived to follow his and my mother’s examples when the wildflowers are blooming. of honesty, ethics, hard work and tolerance and What item do you wish you’d never sold or understanding of others in both my personal and given away? professional life. We had a 1970s-era Toyota FJ40 Land Cruiser – Favorite movie with the best ending? that was a cool car! The Shawshank Redemption

How do you maintain work/life balance? Store you can’t leave without buying something? I don’t believe there is a magic recipe to work/ Any bookstore life balance. Some days I am a better mother, daughter, sister and friend than a lawyer, and Best movie quote? somedays I am a better lawyer. Hopefully it all “May the Force be with you” from Star Wars – balances out. I raised two sons who watched a lot of Star Wars movies! Favorite book? “Tiny Beautiful Things” by Cheryl Strayed What’s a professional goal you’ve set for yourself this year? Favorite late-night snack? In addition to my focus on lawyer wellness, I hope Salted caramel ice cream or anything chocolate to help educate our members about all of the other exceptional member services offered by the OBA.

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 11 Meet Your Bar Association Volunteers Who Guide Your Association

BRANDI N. MICHAEL C. MORDY NOWAKOWSKI President-Elect Vice President Ardmore Shawnee

Background: I was born in Tulsa and grew up in Background: I was born and raised in Shawnee, Ardmore, graduating from Ardmore High. I met my where I returned after law school to enter into wife, Christy, at OU during undergraduate school. I private practice. began my legal career as an assistant district attorney Education: BBA from OU in 2006 and J.D. from the OU in Oklahoma County, and from there went to work for College of Law 2010 an oil and gas firm in Oklahoma City. I have practiced How do you keep up with current technology? law in Ardmore since 1985, where I practice commer- Internet research, social media and my tech-savvy cial and banking litigation and oil and gas law. friends and colleagues Education: BBA from OU in 1977 and J.D. from the OCU Best way to spend a day off? Relaxing and spending School of Law in 1980 time with my family; hiking and enjoying the out- How do you keep up with current technology? We have an IT doors if at all possible person who helps us at our office, who we refer to as “Cory What item do you wish you’d never sold or given Computer.” I also like to attend sessions by Jim Calloway, away? Elliptical. The older I get, the more I appreci- so I am reminded how technologically illiterate I am. ate the necessity of it. Best way to spend a day off? Exercise and golf How do you maintain work/life balance? I always try What item do you wish you’d never sold or given away? to keep my family as the priority. I do my best to Antique wooden barber chair make all of my kids activities/sports events, even if How do you maintain work/life balance? I try to exer- that means having to do a little late-night office work. cise every day. I also try to take some time off every Favorite late-night snack? Dry cereal such as Cinnamon couple of months and get some displacement. Life or Kix Favorite late-night snack? Homemade brownie with Favorite movie with the best ending? Miss Congeniality vanilla ice cream Store you can’t leave without buying something? What lawyer do you most admire? My father, Burke Mordy, Target who is now deceased. Nothing ever appeared to bother him! Best movie quote? “No one ever made a difference by Favorite movie with the best ending? The Art of Racing in being like everybody else.” P.T. Barnum from The The Rain Greatest Showman Store you can’t leave without buying something? What’s a professional goal you’ve set for yourself Whole Foods this year? Maintain a good work/life balance Best movie quote? “Here’s looking at you, kid.” Casablanca What’s a professional goal you’ve set for yourself this year? To be more organized 12 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL CHARLES W. CHESNUT BRIAN T. HERMANSON Past President Governor - District No. One Miami Ponca City

Background: I was born and raised in Miami where I Background: Born in Milwaukee, Wisconsin; had a private am now a sole practitioner focusing on real estate, practice for 32 years before being elected district attorney probate and estate planning. I have served as a for the 8th District of Oklahoma in 2010. Married to the U.S. magistrate judge for the U.S. District Court, former Ruslyn Evans, and the father of two daughters. Northern District of Oklahoma and as a temporary Education: Went to college at Carroll College in Waukesha, panel judge for the Oklahoma Court of Appeals. Wisconsin, and law school at the OU College of Law I’m married to Shirley Murphy Chesnut and have How do you keep up with current technology? I work on technol- four children and three grandchildren. ogy committees and try to ask questions as often as possible. Education: Graduated from OU with a bachelor’s Best way to spend a day off? Spending it with family and following degree in 1974 and from the OU College of Law OU sports, Thunder basketball and Green Bay Packers football in 1977 What item do you wish you’d never sold or given away? I wish How do you keep up with current technology? I I still had my childhood comic book collection. read Jim Calloway’s Law Practice Tips and his How do you maintain work/life balance? It is difficult articles in the OBJ. I also attend the Solo & Small because I am on call 24/7. When away from the office, I Firm Conference (it’s heavy on technology). try to not discuss my work. In reality, I tend to be in con- Best way to spend a day off? Reading, thinking, stant contact with law enforcement regarding active investi- playing golf, watching college football and playing gations or developing issues. As such, there is not much with grandkids of the day that I am not working in one form or another. What item do you wish you’d never sold or given Favorite late-night snack? I am always ready for an ice cream break! away? I don’t remember. Once it’s gone, it’s gone. What lawyer do you most admire? I admire many lawyers. How do you maintain work/life balance? Try to Several are my heroes. If I had to select one I admire most, devote some time each day to the four main areas I would select retired Supreme Court Justice Steven Taylor. of my life – physical, mental, social and spiritual I watched Justice Taylor in some of the most high-pressure Favorite late-night snack? Blue Bell no sugar added situations one could face. He is a jurist with an unwavering vanilla ice cream commitment to the rights of all parties in the courtroom. He What lawyer do you most admire? Atticus Finch – is willing to do all that is necessary to ensure the rule of law the man had courage is followed and that the code of ethics is supreme. Justice Favorite movie with the best ending? Can’t decide – Taylor holds everyone who comes before him to these stan- African Queen, The Shawshank Redemption and To dards and makes sure that he also abides by those standards. Kill a Mockingbird are all favorites Favorite movie with the best ending? To Kill a Mockingbird has Store you can’t leave without buying something? always been one of my favorite movies even though the end- Walmart ing is not a happy one. Best movie quote? “Human nature, Mr. Allnut, Store you can’t leave without buying something? I do not like is what we are put in this world to rise above.” to shop. I am always willing not to buy something. African Queen. I love the line, I just can’t get Best movie quote? “If you can learn a simple trick, Scout, you’ll there. Or “Stand up, Miss Jean Louise, your get along a lot better with all kinds of folks. You never really father’s passing.” To Kill a Mockingbird understand a person until you consider things from his point What’s a professional goal you’ve set for yourself of view, until you climb inside of his skin and walk around in this year? To stop and catch my breath it.” To Kill a Mockingbird What’s a professional goal you’ve set for yourself this year? After years of trying to get them started, Kay County has been approved to start a mental health court and a veterans court in 2020. My goal is to make these new specialty courts succeed and to provide much-needed help to the participants THE OKLAHOMA BAR JOURNAL and hopefully change the trajectories of people’s lives. MICHAEL J. DAVIS DAVID T. McKENZIE Governor - District No. Two Governor - District No. Three Durant Oklahoma City

Background: I am a lifelong Oklahoman, raised in the Background: I was born at Ft. Lewis, Washington, the small town of Cleora on Grand Lake. My family third and youngest child of M.Sgt. Troy T. McKenzie moved to Durant while I was in high school, and I and Laverne (Johnston) McKenzie. My father served remained in Durant to attend Southeastern Oklahoma our country for over 22 years and was a veteran of State University. After law school at OU, I came back WWII, the Korean War and Vietnam War. In addition to Southeastern to work for my alma mater, where I to Ft. Lewis, I also lived at Ft. Huachuca, Arizona, have remained for almost 10 years. Currently, I am and Ft. Shafter, Hawaii. After my father’s retirement an assistant professor of criminal justice and special from the U.S. Army, my family came to Oklahoma, assistant to the president for compliance. which was the home state for both my mom and dad. Education: B.A. from Southeastern Oklahoma State I am proud to say I am a 1978 graduate of Granite University (2007); J.D. from the OU College of Law High School. I have three wonderful boys and the (2010); M.S. from OU (2018). greatest life-partner ever in Pamela M. Snider. How do you keep up with current technology? I admit Education: B.A. from Southwestern Oklahoma State I don’t keep up with all the new software and apps. University (1982), M.S. from Northeastern State Best way to spend a day off? Travel/tourism University (1984), M.A. from NSU (1985) and J.D. What item do you wish you’d never sold or given from the OU College of Law (1988) away? My dad’s Remington shotgun How do you keep up with current technology? I am How do you maintain work/life balance? I stay just not good at computer stuff, but I’m working on it. involved in the community and the Rotary Club. Best way to spend a day off? Watching the OU Favorite late-night snack? Cinnamon Toast Crunch, Sooners play football dry, with a glass of milk What item do you wish you’d never sold or given What lawyer do you most admire? Mayor Breea Clark away? When I was a child, 3 or 4 years old, The of Norman – for moral courage Beatles were very popular and appeared on the Favorite movie with the best ending? Apollo 13 had a The Ed Sullivan Show. I had all the toys, cards, lunch great ending and proved that success and bravery boxes, etc. I don’t know what happened to those are two different things. items, but I sure wish I still had them. Store you can’t leave without buying something? Favorite late-night snack? Peanut butter and banana Any bookstore, especially a second-hand bookstore sandwich Best movie quote? “It’s that every now and again – What lawyer do you most admire? David Autry – not often, but occasionally – you get to be a part of he’s an amazing human being. His intelligence is justice being done. That really is quite a thrill when unmatched; his courage is amazing – and his ability that happens.” Tom Hanks, Philadelphia to communicate with the jury is far above anything What’s a professional goal you’ve set for yourself I’ve ever seen. He’s the best lawyer, by far, I have this year? As I’ve moved to the faculty side of the ever seen. university, my goal is to publish a peer-reviewed Store you can’t leave without buying something? Sad journal article and earn the respect of my colleagues to say, it’s Amazon. I always have five to 10 packages not just as an attorney but as an academic. on my front porch – stuff I don’t need. Best movie quote? “You can’t handle the truth!” A Few Good Men What’s a professional goal you’ve set for yourself this year? To become more computer savvy

14 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL TIM E. DeCLERCK ANDREW E. HUTTER Governor - District No. Four Governor - District No. Five Enid Norman

Background: Born in Enid. Admitted to the Oklahoma bar Background: I was born in Illinois and raised in in 1983 and started practicing law at Mitchell DeClerck Broken Arrow. I moved to Norman to attend OU in Enid with my father, Edward A. DeClerck. I continue in 1998 and still reside there today. I met my wife to practice at the same firm today – a general practice Alissa in law school, and we have three children. with an emphasis on life and estate planning, the cre- Education: BBA, OU, 2001; J.D., OCU School of Law, 2005 ation of wills, trusts and durable powers of attorney and How do you keep up with current technology? I am not the administration of trusts and estates. I was an active really that in sync with current technology. Although OBA YLD board member in my younger years and now if I really wanted to know something, I’d probably am a member of the OBA Estate Planning, Probate and contact Jim Calloway, our bar association’s tech guru. Trust Section and Oklahoma Association of Justice. I’m Best way to spend a day off? I enjoy spending time also a member of the Garfield County Bar Association outdoors – anything to get me out of my office. and have served as its president. I’ve been a long-time What item do you wish you’d never sold or given member of the Tri-State Music Festival Inc. Board of away? I had some really old and valuable baseball Directors, active member of the American Business cards when I was younger, but I sold them on the Club (AMBUCS) serving on its Board of Directors cheap to a family friend when I lost interest. and board member of the Enid YMCA. How do you maintain work/life balance? I find the Education: B.A. from OU in 1980 and a J.D. from the OU best way to maintain balance is to prioritize what is College of Law in 1983 important to you. For me, if I don’t take care of myself How do you keep up with current technology? Reading first, then any work I do will most likely be subpar. Jim Calloway’s articles, calling him occasionally and Favorite late-night snack? Always something sweet by making mistakes and preferably with peanut butter Best way to spend a day off? Either sailing at Kay Lake, What lawyer do you most admire? We have so many riding my bicycle or being outdoors great lawyers in Oklahoma, but I have great admira- What item do you wish you’d never sold or given away? tion for those who volunteer their time to help those My Honda Mini Trail 50 in need. There are a ton of great programs associ- How do you maintain work/life balance? Not great. ated with our bar where you can do just that. Being Trying to leave the office at a decent time and getting a lawyer has given so much to so many of us, it is to the YMCA as often as possible important to take time to give back when you can. Favorite late-night snack? Cottage cheese with Cavenders Favorite movie with the best ending? The ending that seasoning and maybe some hot sauce really stands out is in The Usual Suspects when it is What lawyer do you most admire? I still admire my dad, revealed that Kevin Spacey’s character is Keyser Soze. Edward A. DeClerck. He was a people lawyer, with no Store you can’t leave without buying something? Sam’s pretensions and a smile every day. Club, and it usually is more than one something Favorite movie with the best ending? It’s a Wonderful Life Best movie quote? One of my favorite movie characters Store you can’t leave without buying something? Since a is Doc Holliday in Tombstone, and he has a lot of great liquor store wouldn’t be politically correct, a bicycle shop lines in that movie. My favorite is him showing up to a Best movie quote? From It’s a Wonderful Life from gun fight and announcing to Johnny Ringo, “I’m your Clarence, George’s guardian angel to George Bailey Huckleberry.” I’m not quite sure what that means, but [in a book inscription] “Remember, George: no man it sure sounded slick when he said it. I like to start any is a failure who has friends.” new dealings with opposing counsel with that line. What’s a professional goal you’ve set for yourself this What’s a professional goal you’ve set for yourself year? To better utilize time in the office to better serve this year? To not be afraid to get out of my comfort my clients and outside the office to be a better friend, zone and learn something new dad and grandad THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 15 D. KENYON WILLIAMS JR. MATTHEW C. BEESE Governor - District No. Six Governor - District No. Seven Tulsa Muskogee

Background: I was born in Tulsa but raised in Skiatook, Background: I was raised in Miami where, prior graduating from Skiatook High School in 1970. My wife to attending law school, I spent three years as a of 45 years, Teresa, and I live in a home we built on a rural high school teacher. In 1999, I moved to Illinois acreage north of downtown Tulsa. We have one son and to attend law school. Following law school, my two daughters who have produced eight grandchildren. law practice focused on family law where I was On any given weekend, we are happily invaded by chil- frequently appointed to represent the interests of dren and grandchildren and are blessed to attend The Park children in high-conflict custody matters. In 2009, I Church of Christ. I serve as one of 14 elders of our church. returned to Oklahoma and serve as the deputy city Education: B.S. in petroleum engineering, TU, 1974; J.D., TU attorney for the City of Muskogee and have been in College of Law, 1977 that position since 2011. How do you keep up with current technology? Hall Estill has Education: Associate of Arts from Northeastern a technology management staff that keeps me current on Oklahoma A&M, Bachelor of Science in education what our firm uses for office purposes as well as litigation. from Missouri Southern State College and a J.D. I also try to read articles generated by our very capable from Northern Illinois University College of Law OBA staff, as well as those appearing in Tulsa County Bar How do you keep up with current technology? Association’s Tulsa Lawyer and the ABA Journal. Teresa, my When what I have breaks, I get new technology. wife, who has a master’s in library science, and my adult Best way to spend a day off? With my family children try to pull me into the current decade with regard What item do you wish you’d never sold or given to entertainment and gaming audio/visual technology. away? I am a pack rat, so I tend to keep everything Best way to spend a day off? Lying on a beach somewhere that might fall into this category. What item do you wish you’d never sold or given away? How do you maintain work/life balance? Taking Although not quite accurate, Teresa would tell you that vacations (except for charitable gifts) I do not sell or give anything Favorite late-night snack? Beef jerky away. I sort of wish I had never sold my original office What lawyer do you most admire? Clarence Darrow – building where I hung a shingle after law school. the way he could craft an argument was simply How do you maintain work/life balance? Faith, family and amazing. love of travel certainly help. Also, now that Teresa has Favorite movie with the best ending? Fight Club retired, she is my siren, calling me to do more fun things! Store you can’t leave without buying something? Favorite late-night snack? Although rarely indulged these days, Walmart vanilla bean ice cream drowned in dark chocolate syrup Best movie quote? The Blues Brothers. Elwood: “It’s 106 What lawyer do you most admire? My law partner, Jim miles to Chicago, we’ve got a full tank of gas, half Hardwick, who is still fully intellectually engaged and a pack of cigarettes, it’s dark, and we’re wearing brilliant in his late 70-somethings sunglasses.” Jake: “Hit it.” Favorite movie with the best ending? True Lies What’s a professional goal you’ve set for yourself Store you can’t leave without buying something? Home Depot this year? To finally start using office management Best movie quote? Helen Tasker asks her husband, “Have software you ever killed anyone?” and Harry answers, “Yeah, but they were all bad.” True Lies What’s a professional goal you’ve set for yourself this year? Survive serving on the Board of Governors, while serving as chief master of the Professional Responsibility Tribunal, while serving on both the Tulsa County Bar Association and the Tulsa County Bar Foundation Board of Directors 16 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL JOSHUA A. EDWARDS ROBIN L. ROCHELLE Governor - District No. Eight Governor - District No. Nine Ada Lawton

Background: I was raised by my parents, Mark and Background: Native of Lawton and married with three Shelia Edwards, in the small town of Weleetka (go adult kids Outlaws!). I went to OU for college, where I met my Education: Bachelor’s in accounting, OU; J.D. wonderful wife, Amanda. I stayed at OU for law University of San Diego School of Law school then moved to Ada to begin my career as an How do you keep up with current technology? Ask attorney in private practice with Rob Neal. The bulk my son who has a computer science degree of my practice is family law and criminal defense, and Best way to spend a day off? With family at Lake my wife works as a special education teacher in Davis. Texhoma Education: I graduated from OU with a B.A. in sociology- What item do you wish you’d never sold or given criminology in 2007 and received my J.D. from the away? 15 LP phonograph records that belonged OU College of Law in 2010. to my great grandmother How do you keep up with current technology? Jim How do you maintain work/life balance? My drive Calloway’s articles, law and technology CLEs and back to Apache every day helps me decompress the Lawyerist podcast Favorite late-night snack? Small chocolate bar my Best way to spend a day off? Lounging at the lake wife keeps with a good book What lawyer do you most admire? John Kinslow – What item do you wish you’d never sold or given his charity and insight from 55 years of practice away? My childhood collection of LEGOs Favorite movie with the best ending? Rudolph the How do you maintain work/life balance? I try to limit Red-Nosed Reindeer the work I do at home to responding to emails and Store you can’t leave without buying something? making tasks for everything else to do when I’m at Atwoods the office. Best movie quote? “I’ll be back.” The Terminator Favorite late-night snack? Dark chocolate What’s a professional goal you’ve set for yourself What lawyer do you most admire? Clarence Darrow, this year? Treat all attorneys with respect without because of his legendary advocacy for his clients in the nastiness the face of adversity Favorite movie with the best ending? Blazing Saddles Store you can’t leave without buying something? Academy Sports + Outdoors Best movie quote? “Now I have a machine gun. Ho-ho-ho.” Hans Gruber (reading John McClane’s message written on a dead terrorist) Die Hard What’s a professional goal you’ve set for yourself this year? To begin each day by writing out the day’s schedule and goals, then actually sticking with it through the end of the day

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 17 AMBER PECKIO GARRETT MILES T. PRINGLE Governor - At Large Governor - At Large Tulsa Oklahoma City

Background: My hometown is McAlester, but I moved Background: I am a native Oklahoman and third- twice a school year from the third grade until generation attorney. I played basketball and ran the seventh grade. Then I went to high school in track in high school and continue to be a big basket- Savanna (south of McAlester), where I graduated. ball fan – particularly the Thunder and Jayhawks. I have lived in Tulsa for the last 19 years. After graduating from law school, I moved back to Education: I graduated from Southeastern Oklahoma Oklahoma City to practice with the firm my parents State University (alma mater of Reba McEntire and founded. Currently, I am general counsel for The North Korean Ambassador Dennis Rodman) in Bankers Bank in Oklahoma City. My wife and I 2000 with dual bachelor degrees in economics and are thrilled to celebrate the recent birth of our son, political science. I received my J.D. in 2003 from the Fischer Lyle Pringle. TU College of Law and a mini-MBA at TU in 2007 Education: I graduated from Heritage Hall High How do you keep up with current technology? My School in Oklahoma City. I earned my bachelor’s fiancée, Alex, has to trick me into learning new degree from the University of Kansas, double business technology, but I love to keep up with all majoring in political science and history. I earned the new social media platforms. my J.D. from the University of Missouri – Kansas Best way to spend a day off? Hanging out with Alex City, where I was an emissary and member of the and my two pugs National Moot Court Team. What item do you wish you’d never sold or given How do you keep up with current technology? My away? My Smurf figures collection (It was awesome.) company has a great IT staff. How do you maintain work/life balance? What’s that? Best way to spend a day off? Walking the dogs, meet- I’ll have to get some help from Lawyers Helping ing up with friends or family or watching sports Lawyers on that. What item do you wish you’d never sold or given Favorite late-night snack? Cupcakes but never choco- away? My old 58-degree wedge late cupcakes. Yuck. Sorry chocolate cake lovers How do you maintain work/life balance? I try to What lawyer do you most admire? Hard to choose meditate 10-20 minutes every day. one, but it would have to be Ruth Bader Ginsburg. Favorite late-night snack? Red wine She has such an amazing professional career and What lawyer do you most admire? My father, Lynn personal life. If I liked needles, I might get a tattoo Pringle. He always has the best advice. of Notorious RBG. Favorite movie with the best ending? The Godfather Favorite movie with the best ending? Meet Joe Black Store you can’t leave without buying something? Store you can’t leave without buying something? Commonplace Books Walgreen’s Best movie quote? “Are you crazy? The fall will proba- Best movie quote? “You’re killing me, Smalls!” Sandlot bly kill you.” Butch Cassidy and The Sundance Kid What’s a professional goal you’ve set for yourself What’s a professional goal you’ve set for yourself this year? To try and not feel guilty when I am not this year? Have projects done early working and taking some time for me

18 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL BRIAN K. MORTON JORDAN HAYGOOD Governor - At Large Governor - YLD Chair Oklahoma City Oklahoma City

Background: Was born and raised in Ada. Joined the Background: Grew up in White Oak, Texas. Moved Coast Guard out of high school and spent tours in to Oklahoma City in 2010 and currently live down- Ketchikan, Mobile and Anchorage, Alaska. Graduated town with my partner Marty Coltrane and our from UCO then from the OU College of Law. Worked pug Carlos as an assistant district attorney in Sequoyah County, Education: Graduated from Texas Christian University then went into private practice. Took some time in 2009 and from the OCU School of Law in 2013 away from law and taught high school social stud- How do you keep up with current technology? When ies courses. Moved to the Oklahoma City area in my phone, computer or device tells me I need to 2008 and resumed a career in law. update the software, program or app, then I follow Education: B.S., University of Central Oklahoma, 1997; along. Otherwise, I just keep up with trends online J.D., OU College of Law, 2000 or in magazines. How do you keep up with current technology? I try Best way to spend a day off? On the pontoon at Lake not to be more than two versions of the iPhone Eufaula surrounded by family and friends behind. What item do you wish you’d never sold or given Best way to spend a day off? Depends on the season away? Nothing. I’ve had to learn how to leave of the year. Currently, it’s watching a good college material items aside or else my hoarding football game with friends. tendencies sneak out. What item do you wish you’d never sold or given How do you maintain work/life balance? Working away? My 1988 Pontiac Fiero Formula smarter not harder/longer. Work/life balance is How do you maintain work/life balance? Try to keep huge for mental health and something I take seri- work at work ously. When I am on PTO, it is important to actually Favorite late-night snack? Popcorn take advantage of being off work; if not, you set What lawyer do you most admire? Barry Scheck – for unfair expectations for yourself and others. founding the Innocence Project Favorite late-night snack? Cold pizza Favorite movie with the best ending? A Few Good Men What lawyer do you most admire? Mandy Hayes- Store you can’t leave without buying something? Chandler, she is the epitome of a diverse attorney Crest Foods setting a goal, putting in the time and paving her Best movie quote? “Negative, Ghostrider. The pattern way to be the regional general counsel of one of the is full.” Top Gun largest hospital systems in Oklahoma. What’s a professional goal you’ve set for yourself Favorite movie with the best ending? Interstellar this year? To continue to strive to be the best Store you can’t leave without buying something? attorneyI can be in my area of practice Target Best movie quote? “There should be no boundaries to human endeavor. We are all different. However bad life may seem, there is always something you can do and succeed at. While there’s life, there is hope.” The Theory of Everything What’s a professional goal you’ve set for yourself this year? Expand professional knowledge and training and strengthen professional relationships

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 19 Meet Your Bar Association Association Staff and Services

ERVING MEMBERS IS THE MOST IMPORTANT PRIORITY of the Oklahoma SBar Association, and staff are responsible for ensuring member services are expertly delivered. Staff not only maintain daily business operations of the bar center, but also support leadership’s projects and initiatives to continue to improve your association.

OFFICE OF THE EXECUTIVE DIRECTOR (2) The Executive Director shall maintain Phone: 405-416-7014 at all times a fidelity bond executed OBA Bylaws, Article IV, Section 4: by a surety company as surety, the (a) The Executive Director shall keep the roster amount thereof and the surety to be of the members of the Association and of the approved by the Board of Governors. House of Delegates entitled to vote therein. (c) He shall supervise the office of the Association He or she shall record and be the custodian and its personnel and shall see that the work of of the minutes, journal and records of the the Association is properly performed. He or Association and of the House of Delegates she shall also perform such other duties as the and of the Board of Governors. House of Delegates, the Board of Governors or (b) The Executive Director shall act as Treasurer, and the President of the Association may direct. be the custodian of the funds of the Association. No funds shall be withdrawn except in the Rules Creating and Controlling the OBA, Article VI, manner approved by the Board of Governors. Section 4: (1) The expenditures of the Association The Executive Director shall perform such shall be in accordance with the duties and services as may be required by provisions of the Rules Creating these Rules or the Bylaws and as may be and Controlling the Oklahoma Bar directed by the Board of Governors or the Association as promulgated by the President of the Association. He shall also keep Oklahoma Supreme Court. a complete and accurate list of the members of the Association; notify delinquent members and certify the names of delinquent members to the Supreme Court as required by these Rules; certify to the Supreme Court records and other matters as provided by these rules.

John Morris Williams and Executive Assistant Debbie Brink

20 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL (Back row) Director Craig Combs, Durrel Lattimore; (front row) Roberta Yarbrough, Debra Jenkins, Tracy Sanders Mackenzie Scheer, Laura Wolf, Director Carol Manning and and Suzi Hendrix Laura Stone ADMINISTRATION AND COMMUNICATIONS DEPARTMENT MEMBERSHIP DEPARTMENTS The Communications Department has responsibility for Administration Department Phone: 405-416-7000 member communications and public relations, including: Membership Department Phone: 405-416-7080 Publishing the Oklahoma Bar Journal, including Membership Department Email: [email protected] working with the Board of Editors, editing and proofreading articles, managing advertisements, The responsibilities of the Administration and graphic design support, as well as copywriting Membership departments are multifaceted, including: and editing information for news stories and the Maintaining and updating the member roster FYI and Bench & Bar Briefs sections Invoicing for senior and nonmember Oklahoma Managing and monitoring social media Bar Journal subscriptions Issuing news releases and expediting informa- Processing requests for certificates of good standing tion requests from the news media Assisting committees and sections with Contributing design work, photos, videos, member communications stories and information for www.okbar.org Maintaining reports for all committees and sections Designing and compiling the Annual Meeting Scheduling meetings, both at the bar center program and House of Delegates book, as and via video or phone conference well as providing marketing, website and Planning and coordinating the Annual Meeting graphic design Managing the Legal Intern Program Publishing the semimonthly eNews newsletters Finances and human resources and special email messaging Maintaining bar center facilities Working with sections to publish short articles related to sections’ focus Working with the Law Day Committee to conduct statewide student contests, support county Law Day chairpersons, coordinate and promote the statewide Ask A Lawyer day of free legal advice, produce the Ask A Lawyer TV program and implement public marketing strategies

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 21 Assisting the Communications Committee in OFFICE OF THE ETHICS COUNSEL its projects, including publication and promo- Phone: 405-416-7055 tion of 15 legal-topic brochures distributed free Email: [email protected] as a community service Assisting additional entities, including Awards The Office of the Ethics and Diversity committees and the Young Counsel was created Lawyers Division to assist members with conflict dilemmas, confidentiality questions, communication concerns and other ethical inquiries unique to the profession. Through the Office of the Ethics Counsel, members can obtain informal guidance and advisory interpretations of the Ethics Council Richard Stevens Rules of Professional Conduct. The Office of the Ethics Counsel is autonomous from and indepen- dent of the Office of the General Counsel. Members Gary Berger, Mark Schneidewent, Director Susan Damron, seeking assistance with ethical questions are afforded Renee Montgomery and Melody Claridge an attorney-client relationship with the full expectation of confidentiality. Responsibilities include: CONTINUING LEGAL EDUCATION DEPARTMENT Answering ethics questions from members Phone: 405-416-7029 Researching and writing ethics materials for the Email: [email protected] website, seminars and the Oklahoma Bar Journal, as well as presenting OBA/CLE programs on The CLE Department is the state’s leading continuing the topics of ethics and professionalism legal education provider. The staff works to provide rele- Acting as a liaison to the Bench and Bar, vant programs to meet members’ needs. To suggest pro- Professionalism and Lawyers Helping Lawyers grams, contact Director of Educational Programs Susan Assistance Program committees and the Legal Damron at 405-416-7028. Department services include: Ethics Advisory Panel Developing and producing in-person seminars Monitoring the Diversion Program and teaching and live webcasts as well as online, on-demand related classes programs and audio seminars Offering recent seminar materials in print or OFFICE OF THE GENERAL COUNSEL electronic format Phone: 405-416-7007 Coordinating seminars and conferences with sections and committees for cosponsored The Office of the General Counsel is charged with the events and administrative and webcast services responsibility of: for noncosponsored events Reviewing and investigating allegations of Planning and coordinating the OBA lawyer misconduct or incapacity Leadership Academy Reviewing and investigating allegations of the Producing MYOBACLE print and digital catalog unauthorized practice of law of programs Prosecuting violations of the Oklahoma Rules Providing online CLE registration and access of Professional Conduct to materials through MyOKBar and timely Administering the Clients’ Security Fund application of attendance MCLE credit for Reviewing and investigating petitions for OBA/CLE programs reinstatement

22 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL In addition to these enumerated duties, the Office of the General Counsel: Serves as liaison to the Board of Governors advising the governing group on legal matters Processes and approves the registration for attorneys from other jurisdictions Administers the trust account overdraft notifi- cation program Processes requests for certificates of good standing

INFORMATION TECHNOLOGY DEPARTMENT Phone: 405-416-7045 Email: [email protected]

The Information Technology Department’s functions are mostly of an internal nature; however, services Attorneys (seated) Katherine Ogden, General Counsel directly benefiting members include: Gina Hendryx, Loraine Dillinder Farabow; (back row) Maintaining MyOKBar member services and Peter Haddock, Steve Sullins and Tracy Nester directory website Maintaining the Oklahoma Find A Lawyer website referral service Providing technology, computer and audio/ visual support to staff and for events, including CLE programming, Annual Meeting and Solo & Small Firm Conference Web application development and maintenance Updating and maintaining website information Maintaining the association management system and database Network security and management of internal and externally accessible servers Monitoring of evolving technologies for both member services and staff departments

Support Staff Dieadra Florence, Whitney Mosby, Ben Douglas and Melody Florence

Investigators Jamie Lane, Krystal Willis, Les Arnold and Rhonda Langley Cheryl Corey, Matt Gayle and Director Robbin Watson

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 23 Nickie Day, Director Jim Calloway and Julie Bays Administrator Beverly Petry Lewis, Laura Brown and Johnny Floyd MANAGEMENT ASSISTANCE PROGRAM MANDATORY CONTINUING LEGAL Phone: 405-416-7008 EDUCATION DEPARTMENT Toll-free: 800-522-8065 Phone: 405-416-7009 Email: [email protected] The Management Assistance Program helps members with the business side of practice. Department duties include: Mandatory Continuing Legal Education, a program Providing free, over-the-phone information adopted by the Oklahoma Supreme Court in 1986, about management and technology issues, free establishes minimum requirements for continuing 45-minute consultations at the bar center for legal education for Oklahoma lawyers. The program those setting up a new practice or who have an is administered by the Mandatory Continuing Legal issue not comfortably handled over the tele- Education Commission that has general supervisory phone and onsite law office “Health Checks” authority over the rules and may adopt regulations Maintaining the Lending Library, making law consistent with the rules. practice management and technology books Often confused with the CLE Department, the available to borrow MCLE Department does not present CLE seminars. Updating the Practice Management Advice It is the regulatory office and services include: MyOKBar Community with law practice Reviewing more than 10,000 seminars for management and technology posts accreditation Writing Law Practice Tips Blog at www. Maintaining a record of the Oklahoma- lawpracticetipsblog.com and “Law Practice approved seminars attended by members Tips” Oklahoma Bar Journal column featuring Processing annual reports of compliance regular tips and advice Responding to requests for clarification of the Presenting OBA/CLE and assisting with Rules of the Oklahoma Supreme Court for Diversion Program presentations and making Mandatory Continuing Legal Education presentations to local bars or other organized lawyer groups Producing the “Opening Your Law Practice” Don’t know whom to contact? program, a free one-day program to assist If you need more information about which employees attorneys setting up new solo practices in a department to contact, call the bar center at Working with the Solo & Small Firm Conference 405-416-7000 or check the staff list at www.okbar.org/ Planning and Access to Justice committees and staff. There you will find a list of staff members, a summary the Law Office Management and Technology of their responsibilities and contact information. Section on various projects and events

24 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL

Meet Your Bar Association Member Benefits and Discounted Services

BA MEMBERS HAVE ACCESS TO VALUABLE DISCOUNTS AND SERVICES from Otop-ranking providers including publications, practice management technology, virtual receptionists and even travel and shipping services. A list of benefits is also online at www.okbar.org/memberbenefits.

ONLINE SERVICES their transcript of CLE credits conflicts, confidentiality and www.okbar.org – Get news, and review a list of all upcoming client concerns. All contact with updates on special projects, infor- approved programs. If you have ethics counsel is confidential per mation on upcoming CLE and not already, you will need to create Oklahoma law. The ethics counsel more at www.okbar.org. an account on this website. also presents CLE programs on ethics and professionalism. Call MyOKBar – Update your roster Oklahoma Find A Lawyer – The 405-416-7055 or email ethicscounsel@ information and access Fastcase, public can find lawyers by practice okbar.org. Find ethics tips and HeinOnline, the OBA member and geographical area through the more information online at directory plus get quick links to OBA-maintained website www. www.okbar.org/ec. your committees and sections. Log oklahomafindalawyer.com. To be in with the “MyOKBar Login” link included in the free public direc- Counseling services – The at the top of www.okbar.org. tory, click the “Find A Lawyer Sign OBA offers all bar members up Up” link on your MyOKBar page. to six hours of free counseling. MyOKBar Communities – Need help with stress, burnout, MyOKBar Communities serves PROFESSIONALISM SERVICES depression or addiction? Call as the main communication tool OBA CLE – the Lawyers Helping Lawyers for committees and sections The CLE Assistance Program toll-free at and automatically links with Department offers hundreds of 800-364-7886. It’s strictly confiden- your MyOKBar account, so your in-person seminars, webcasts and tial and available 24 hours a day. information is synced. Access audio programs, as well as online Plus, members can take advantage it through the “MYOKBAR on-demand programs available of free monthly lawyer discus- Communities (Sections and 24 hours a day. Members can also sion groups in Oklahoma City. Committees)” link on your schedule group webcasts that See program MyOKBar page. allow five or more members to details and view a webcast together at their www.okmcle.org – On the MCLE group discus- home or office. To schedule a Department website, www. sion topics at group webcast, call 405-416-7029. okmcle.org (or with the link on www.okbar. See all available programs at your MyOKBar page), members org/LHL. www.okbar.org/cle. can check MCLE requirements, OBA sections – Get professional get program approval applica- Ethics counsel – The ethics coun- development tailored to your prac- tions and other forms, as well as sel is available to assist mem- tice area and make new contacts get answers to frequently asked bers with ethical questions and across the state in one of the 28 sub- questions. Members can also view inquiries on subjects such as stantive law sections. Benefits vary

26 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL by section, with many offering free Practice management/technology the year at www.okbar.org/ or discounted CLE to section mem- hotline and consultations – Call committees. You can also find a bers. Find a list of sections, their 405-416-7008 to speak with OBA list of projects on the Outreach & annual dues and a membership staff who can provide brief answers Public Service Programs page at registration form on page 32 about practical management and www.okbar.org/outreach. or at www.okbar.org/sections. technology issues, such as law Annual Meeting – Attend CLE office software, understanding Speakers for county bar associ- programs and participate in section computer jargon, staff and person- ations and civic groups – OBA and committee meetings, plus take nel problems, software training officers, Board of Governors advantage of networking oppor- opportunities, time management members and staff are avail- tunities with attorneys and judges and trust account management. able to speak at luncheons and from across the state at the OBA Free 45-minute consultations at banquets on a variety of topics Annual Meeting. You can also have the bar center are also available for including legislative issues, eth- a voice in bar business and electing those setting up a new practice or ics, law office management and future state bar leaders. who have an issue not comfortably law practice tips. Call 405-416- handled over the telephone. Solo & Small Firm Conference – 7000 or 800-522-8065 to schedule. The Solo & Small Firm Conference Lending Library and discount Office “health check” consulta- provides CLE programs, statewide book purchasing – Law practice tions – Consultations in the lawyer’s networking and small firm-friendly management books and videos office can cover a wide range of vendors, all in a relaxed family are available to borrow. There is office management issues like tech- setting. The 2020 Solo & Small no fee for checking out materials, nology, procedures or other areas, Firm Conference will be June 18-20 but there is a $5 charge to mail the and typically involve group and at the Choctaw Casino Resort materials. See the complete list individual interviews with staff and in Durant. of materials at www.okbar.org/ lawyers with the goal of outlining map/library or call 405-416-7008. Young Lawyers Division – The a series of recommendations and For members who prefer owning YLD is a professional service setting priorities. The fee is $500 per books to borrowing, use the dis- network offering opportunities day for firms of five or less lawyers, count code PAB9EOKB to pur- to participate in community and or $750 per day for firms of more chase practice management and bar-related projects. Lawyers of than five lawyers. Call 405-416-7008 other books from the American any age in practice less than 10 to schedule. Bar Association. years are automatically members. Opening Your Law Practice pro- Visit the YLD page at www.okbar. NETWORKING OPPORTUNITIES gram – A free, one-day seminar org/yld for more information Leadership and volunteering to assist attorneys setting up new or find the YLD on Facebook at opportunities – Boards, commit- solo or small firm practices. Find www.facebook.com/OBAYLD. tees, sections and commissions additional resources and informa- offer leadership, volunteer, career tion on upcoming seminars development and statewide net- at www.okbar.org/OYLP. working opportunities. Members may volunteer to serve on a committee online at any time during

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 27 PRACTICE MANAGEMENT & with your clients. OBA members pricing. See more information by BILLING SOLUTIONS receive a free trial plus a 10% clicking the “Practice Management lifetime discount. See more infor- Software Benefits” link on your Clio – Clio is mation by clicking the “Practice MyOKBar page. one of the most Management Software Benefits” widely used, Zola Suite – link on your MyOKBar page. cloud-based practice management Zola Suite systems in the world. Every day, PracticePanther – cloud-based tens of thousands of lawyers use Thousands of practice management software Clio to schedule meetings, organize lawyers use includes an encrypted client por- cases, track time and invoice their PracticePanther tal, Caseway, branded with your clients. OBA members receive a 10% to automate their firms and get firm’s logo. OBA members receive lifetime discount. See more infor- more done in less time. Work from a 15% subscription discount on mation by clicking the “Practice anywhere, on any device, with the this comprehensive, cloud-based Management Software Benefits” iPhone, iPad and Android apps. legal practice management appli- link on your MyOKBar page. OBA members get 10% off for the cation. See more information by first year on PracticePanther’s clicking the “Practice Management CosmoLex – legal case management software. Software Benefits” link on your CosmoLex See more information by click- MyOKBar page. combines practice management, ing the “Practice Management billing and accounting all in one PUBLICATIONS Software Benefits” link on your login. Use CosmoLex to make OBA eNews –The semimonthly MyOKBar page. your practice more compliant, member e-newsletter, sent to mem- efficient and profitable. The Rocket Matter – bers with an email address as part accounting menu handles all the Rocket Matter of their official roster information intricacies of business and IOLTA helps law firms provides the latest association news trust accounting right out of the offer better and law-related information. box. OBA members receive a 10% client service Oklahoma Bar Journal – Ten lifetime discount. See more infor- and increase revenues by more issues of the printed Oklahoma Bar mation by clicking the “Practice than 20%. When law firms want Journal magazine are published Management Software Benefits” to increase profits, go paperless or annually, including practice area link on your MyOKBar page. improve confidence in their trust articles, member news and bar accounting, Rocket Matter helps LawPay – updates. Supplementing the mag- them achieve those goals. OBA The OBA azine are semimonthly electronic members receive a 15% discount endorses issues of the Oklahoma Bar Journal off the regular month-to-month LawPay credit card processing Court Issue, which contain court pricing for life. See more infor- service which is designed for material and opinions. Access mation by clicking the “Practice attorneys. Funds from each client current and recent issues at www. Management Software Benefits” credit card transaction may be okbar.org/barjournal. Additional link on your MyOKBar page. either deposited into a client trust archived issues are available or operating account as the lawyer TrustBooks – through HeinOnline (see designates. All transaction fees Trustbooks is information below). are deducted from the law firm a cloud-based service that makes Continuing legal education operating account to simplify the trust accounting simple and is materials – Seminar materials trust account record-keeping. To specifically designed for attor- are available for purchase and are learn more call 866-376-0950 or neys. With TrustBooks, common an affordable way to get quality, visit www.lawpay.com/oba. mistakes – like those made when state-specific practice aids on a filling out checks and deposit slips MyCase – variety of legal topics. Call 405- or reconciling bank statements – MyCase 416-7092 or visit www.okbar.org/ are caught and the important is an cle to learn more. Electronic prac- trust account ledgers of all client easy-to-use, web-based practice tice forms are also available by balances are automatically gener- management software that helps topic online. ated. OBA members receive more you manage cases, track time, than a 30% discount off monthly automate billing and communicate

28 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL HeinOnline – contains all the presently effec- members. OAMIC can be reached HeinOnline tive Oklahoma Title Examination at 405-471-5380 or 800-318-7505 or access to Standards and reflects all revi- visit www.oamic.com. They also archived Oklahoma Bar Journal issues sions. Free to Real Property offer a broad range of court bonds is free to OBA members and allows Section members, or only $9 with more information at www. users to research archived issues per copy to nonmembers. oklahoma.onlinecourtbonds.com. dating back to 1930. You can view, ENDORSED INSURANCE AND TRAVEL AND print or save as a PDF any article or RETIREMENT SERVICES OFFICE SERVICES an entire issue, as well as use the ABA Retirement Funds – The Hertz Car Rental – Members easy search tools to find the article, ABA Retirement Funds Program receive discounted Hertz car topic or author you need. Access it offers no out-of-pocket expenses, rental with the code CDP 0164851. by clicking the red “HeinOnline” professional fiduciary services, a Call 800-654-3131 or visit www. link on your main MyOKBar page. broad range of investment options hertz.com for reservations. Legal information brochures – and full-service administration Ruby Brochures to give clients covering and has been providing afford- Receptionists – commonly asked questions relating able 401(k) plans exclusively to the Ruby to 15 legal topics are available to legal community for more than Receptionists members at just $4 per bundle of 50 years. The program’s bundled provides 25. Topics are: wills, probate, joint approach allows firms to stay a team of tenancy, home buying, tenant rights focused on the success of the prac- customer experience experts in and duties, landlord rights, divorce, tice, and provides trustee, record Portland, Oregon. Friendly, profes- small claims court, employee rights, keeping, tax reporting, compliance sional live receptionists create great bankruptcy, juror information, law- testing, investment management impressions with your English and yers and legal fees, advanced direc- and participant communication Spanish-speaking callers and help tive, criminal law and resolving services – all from a single source – set your firm apart by answering conflicts and disputes. An online at no additional cost to the firm. with your custom greeting, trans- order form is available at www. Call 866-812-3580 for a free consul- ferring calls, taking messages, okbar.org/freelegalinfo. tation or visit www.abaretirement. collecting intake, making follow-up com for more information. Oklahoma Legal Directory – calls and more. The mobile app This official directory of OBA 3000 Insurance Group programs – allows users to manage service members provides addresses and Keep rates low through group from anywhere, and Ruby inte- phone numbers, alphabetically buying power. For information grates seamlessly with law practice and by county, includes guide to about OBA programs as well as management tools such as Clio county, state and federal offices standard market plans for life, and Rocket Matter. Call 866-611- plus departments of the U.S. and health (employer-group, individ- 7829, email [email protected] or Oklahoma government, complete ual and Medicare supplement), visit www.callruby.com/okbar. digest of courts, professional associ- individual disability, personal Members receive special pricing ations including OBA officers, com- umbrella liability, long-term on monthly plans and a 21-day mittees and sections. It is published care and other insurance plans, money-back guarantee. by Legal contact 3000 Insurance Group UPS – OBA Directories (previously known as Beale members now Publishing Professional Services) at have access Co. Call 800- 405-521-1600 or 800-530-4863, to new and 447-5375 ext. 2 or visit www.3000iG.com. improved flat to request an OAMIC rate pricing – order form or programs – no matter how purchase at For pro- much you ship, www.legal- fessional when you ship or where it’s going. directories.com. liability, Discounts include: Title Examination Standards – Oklahoma 10%* on UPS Next Day Produced by the Real Property Attorneys Mutual Insurance Co. Air Early Law Section, this publication is the only insurer owned by OBA

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 29 50% on Domestic Next Legislature is in session, both in Day/Deferred the Oklahoma Bar Journal and online at www.okbar.org/legislative. 30% on Ground Commercial/Residential Meeting rooms – The Oklahoma Bar Center has several room sizes International: 50% on to accommodate small and large Export / 40% on Import / group meetings, client conferences 25% Canada Standard and depositions. Free to members Savings begin at 75%* on during weekday business hours, UPS Freight shipments nominal fee for evenings. To over 150 lbs. schedule, call 405-416-7000. Free UPS Smart Pickup WordRake – service Developed for lawyers, Open a new account or, if you WordRake are already taking advantage of provides a UPS savings program, re-enroll editing and apply the new discounts to suggestions your existing account by visiting for clarity www.savewithups.com/oba or call and brevity, and instantly edits 800-MEMBERS (800-636-2377). documents in Microsoft Word *Visit www.savewithups.com/oba with the easy-to-install add-in, for specific services and discounts. suggesting changes that eliminate unnecessary words and phrases. TECHNOLOGY AND A free seven-day trial is avail- OTHER SERVICES able, and annual licensing plans Fastcase – offer increased savings based on The OBA has subscription duration. See more contracted at www.wordrake.com; members with Fastcase receive a 10% discount with online legal research software to coupon code OKBAR. provide national coverage with unlimited usage, customer service and printing at no cost to bar members as a part of their existing bar membership. Plus, Fastcase MobileSync allows members to link their account to a smartphone or tablet and automatically sync activity history and saved favorites on any of the Fastcase applications, so no work is ever lost. Access Fastcase through the link on your MyOKBar page. Legislative services – The executive director works to support adoption of legislative issues approved by the OBA House of Delegates. Additionally, the Legislative Monitoring Committee publishes a legislative report on the status of select bills while the

30 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Meet Your Bar Association

Stay in Touch! Stay connected with your association and your peers by joining the OBA on Facebook, Twitter and Instagram! Get information on issues that affect you and the profession of law, see substantive articles from the Oklahoma Bar Journal and other law-related resources, check out event photos and stay in the know about upcoming community and member events.

okbarassociation okbarassociation The OBA’s official Facebook page The OBA’s official Instagram handle

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Do you have a comment about what we post or suggestions for what you’d like to see on our social media accounts? Email [email protected].

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 31 Meet Your Bar Association OBA Sections

EMBERSHIP IN AN OBA SECTION is an excellent opportunity to collaborate and Mnetwork with lawyers who share a common practice area. The investment in section dues is minimal and the benefits are huge. Member perks vary by section – including free or discounted CLE and some sections publish member newsletters. The OBA offers 28 substantive law sections that provide professional development and interaction. Section dues range from $15-25 for the calendar year, but members may join at any time. Here is the list of those who will serve in 2020 as section leaders.

Sonja Porter, Secretary Timothy D. Kline, Co-Secretary 620 N. Robinson Ave., Suite 203 Corporate Tower, 13th Floor ALTERNATIVE DISPUTE Oklahoma City, OK 73102-6217 101 N. Robinson Ave. RESOLUTION 405-650-4753 Oklahoma City, OK 73102 Michael E. Mayberry, Chairperson 405-235-4100 2800 N. Lincoln Blvd. Cullen D. Sweeney, Oklahoma City, OK 73105 Immediate Past Chairperson Layla J. Dougherty, Co-Secretary 405-521-3927 Oklahoma Judicial Center 2500 Brookdale Ave. 2100 N. Lincoln Blvd., Suite 1 Edmond, OK 73034 Celeste England, Vice Chairperson Oklahoma City, OK 73105 405-348-2445 P.O. Box 13173 405-556-9385 Oklahoma City, OK 73113 Therese Buthod, Co-Treasurer 405-767-9907 P.O. Box 1888 Muskogee, OK 74402 Charles C. Mashek, BANKRUPTCY AND 918-549-7221 Secretary/Treasurer REORGANIZATION 1530 N. Harrison, #243 Brian Huckabee, Chairperson John B. Jarboe, Co-Treasurer Shawnee, OK 74804 Huckabee Law PLLC 401 S. Boston, Suite 1810 479-477-0754 500 Mid-Continent Tower Tulsa, OK 74103-4018 401 S. Boston Ave. 918-582-6131 Tulsa, OK 74103 918-587-3000 Judge Janice D. Loyd, APPELLATE PRACTICE Immediate Past Chairperson Jana L. Knott, Chairperson Brandon C. Bickle, Chairperson-Elect U.S. Bankruptcy Judge, Western 104 N. Rock Island GableGotwals District of Oklahoma P.O. Box 157 1100 OneOK Plaza 215 Dean A. McGee, 2nd Floor El Reno, OK 73036 100 West 5th St. Oklahoma City, OK 73102 405-262-4040 Tulsa, OK 74103-4217 405-609-5679 918-595-4817 Keith A. Jones, Treasurer 5801 E. 41st St., Suite 300 Tulsa, OK 74135-5628 918-770-4890

32 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Russ Cochran, Treasurer 419 NE 38th Terrace BUSINESS AND Oklahoma City, OK 73105-3706 DISABILITY LAW CORPORATE LAW 405-521-2885 Leah M. Kanne, Chairperson Jeffrey D. Hassell, Chairperson 2548 W. Eubanks GableGotwals Benjamin C. Brown, Oklahoma City, OK 73112 1100 OneOK Plaza CLE Chairperson 573-999-2307 100 W. 5th St. P.O. Box 926 Tulsa, OK 74103-4217 Norman, OK 73070 G. Rodney Palmer Jr., 918-595-4823 405-801-2694 Chairperson-Elect 3111 N. Classen Blvd. Danae Grace, Chairperson-Elect Trent Baggett, Oklahoma City, OK 73118 McAfee & Taft Legislative Committee Chairperson 405-521-0882 211 N. Robinson Ave. 511 Chautauqua Oklahoma City, OK 73102 Norman, OK 73069 Athlea M. Adkisson, Secretary 405-270-6017 405-740-6963 308 NW 13th St., Suite 100 Oklahoma City, OK 73103 Armand Paliotta, Michael R. Wilds, Q & A Co-Editor 405-232-0555 Immediate Past Chairperson 3100 E. New Orleans St. Hartzog, Conger, Cason & Neville BALA Gary W. Jones, 201 Robert S. Kerr Ave., #1600 Broken Arrow, OK 74014 Social Chairperson & CLE Oklahoma City, OK 73102-4216 918-449-6532 414 NW 4th St., Suite 140 405-235-7000 Oklahoma City, OK 73102 Marty Ludlum, Q & A Co-Editor 405-236-1416 Department of Finance 100 N. University Drive Jose L. Blanco, CRIMINAL LAW Edmond, OK 73034 Immediate Past Chairperson Melissa Blanton, Chairperson 405-974-5341 Oklahoma Deptartment of 313 NE 21st St. Environmental Quality Oklahoma City, OK 73105 James Bowen, Q & A Co-Editor 707 N. Robinson 405-522-0042 7501 S. Vandalia P.O. Box 1677 Tulsa, OK 74136 Oklahoma City, OK 73101-1677 Kyle Wackenheim, Chairperson-Elect 918-261-1933 405-702-7136 Federal Public Defender, WDOK 215 Dean A. McGee Ave., Suite 109 Judge Douglas E. Drummond, Oklahoma City, OK 73102-3426 Immediate Past Chairperson 405-609-5930 Tulsa County Courthouse ENERGY & NATURAL 500 S. Denver Ave., #401 RESOURCES LAW Ricki J. Walterscheid, Secretary Tulsa, OK 74105 Dawson Brotemarkle, Chairperson P.O. Box 926 918-688-7063 Hall Estill Norman, OK 73070 320 S. Boston Ave., Suite 200 405-801-2727 Tulsa, OK 74103 918-899-9480

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 33 G. Patrick O’Hara Jr., Lee E. Dooley, Melissa S. Taylor, Historian Chairperson-Elect Immediate Past Chairperson 6120 S. Yale Ave., Suite 1900 13808 Wireless Way 707 N. Robinson Ave. Tulsa, OK 74136 Oklahoma City, OK 73134 Oklahoma City, OK 73102 918-744-0553 405-471-5226 405-702-7179 James “Jim” C. Milton, Michael D. May, Secretary Co-Legislative Chairperson 6100 N. Western Ave. 320 S. Boston Ave., Suite. 200 Oklahoma City, OK 73118 ESTATE PLANNING, Tulsa, OK 74103-3706 405-935-2292 PROBATE & TRUST 918-594-0523 A. Daniel Woska, Chairperson Rodger Curlik, Budget Officer 722 N. Broadway Ave. Clint T. Swanson, 401 S. Boston Ave., Suite 1100 Oklahoma City, OK 73102 Co-Legislative Chairperson Tulsa, OK 74103 405-657-2271 Swanson Law Firm PLLC 918-582-5281 200 Reunion Center H. Terrell Monks, Chairperson-Elect Nine East 4th St. Elisabeth Brown, 1015D Waterwood Parkway Tulsa, OK 74103 Membership Director Edmond, OK 73034 918-856-3934 211 N. Robinson Ave. 405-733-8686 Two Leadership Square, Suite 1300 A. Daniel Woska, Oklahoma City, OK 73102 Joanna K. Murphy, Section Leaders Council 405-232-3746 Assistant to the Chair 722 N. Broadway Ave. 6112 E. 480 Road Oklahoma City, OK 73102 Valery Giebel, Claremore, OK 74019-0031 405-657-2271 Immediate Past Chairperson 918-845-5593 7906 E. 33rd St., Suite 100 H. Terrell Monks, Tulsa, OK 74145 Stephanie Alleman, Secretary Section Leaders Council 918-669-7730 10404 Vineyard Blvd., Suite E 1015D Waterwood Parkway Oklahoma City, OK 73120 Edmond, OK 73034 405-317-3007 405-733-8686

ENVIRONMENTAL LAW James C. Shaw, Emily E. Crain, Erin Potter-Sullinger, Chairperson Budget Chair/Treasurer Section Leaders Council 324 N. Robinson, Suite 100 100 N. Broadway Ave., Suite 2900 Trust Company of Oklahoma Oklahoma City, OK 73102 Oklahoma City, OK 73102 2516 NW Expressway 405-239-6616 405-553-2809 Oklahoma City, OK 73113 405-840-8401 Kaylee P. Davis-Maddy, Dawn D. Hallman, Chairperson-Elect CLE Co-Chairperson Tyler R. Barrett, 210 Park Ave., Suite 1200 Hallman & Associates PC Hospitality Suite Chairperson Oklahoma City, OK 73102 2230 McKown Drive 131 E. Main, Suite 207 Norman, OK 73072 Norman, OK 73069 Jonathan Truong, Secretary 405-447-9455 405-928-4075 500 Central Park Dr. Oklahoma City, OK 73105-1717 Donna Jackson, Sara K. Hawkins, Bylaws, Policies 918-629-0556 CLE Co-Chairperson and Procedures Chairperson 10404 N. Vineyard Blvd., Suite E 1900 NW Expressway, Suite 1400 Travis Couch, Treasurer Oklahoma City, OK 73120 Oklahoma City, OK 73118 200 SW 174th St. 405-840-1874 405-848-9100 Oklahoma City, OK 73170 817-996-5383 Jennifer L. Wright, Samantha W. Davis, Membership Chairperson Practice Manual Chairperson 531 Couch Drive, Suite 201 320 S. Boston Ave., Suite 200 Oklahoma City, OK 73102-2207 Tulsa, OK 74103-3706 405-701-6968 918-594-0638

34 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Kim R. Schutz, Web Chairperson Keith Jones, 4329 S. Jamestown Ave. Practice Manual Chairperson Tulsa, OK 74135 FAMILY LAW 5801 E. 41st St., Suite 300 918-406-7415 Brita Cantrell, Chairperson Tulsa, OK 74135-5628 Williams Center Tower II 918-770-4890 E. Kathleen Pence, Awards and 2 W. 2nd St., Suite 1100 Nominations Chairperson Tulsa, OK 74103 Amber M. Godfrey, P.O. Box 1038 918-574-3077 Communications Chairperson Jenks, OK 74037 Godfrey Law & Associates PLLC 918-367-8505 Monica A. Dionisio, Victoria Building, Suite 222 Chairperson-Elect and CLE Chair 1901 N. Classen Blvd. Judge Linda G. Morrissey, 16311 Sonoma Park Drive Oklahoma City, OK 73106 Judicial Liaison Chairperson (Tulsa) Edmond, OK 73013 405-525-6671 500 S. Denver Ave. 405-705-5900 Tulsa, OK 74103-3832 Brian R. Swenson, 918-596-5370 Stacy L. Acord, Secretary Social Committee Co-Chairperson 9343 E. 95th Court 1912 W. C St. Judge Richard W. Kirby, Tulsa, OK 74133 Jenks, OK 74037 Judicial Liaison Co-Chairperson (OKC) 918-382-9200 918-481-5898 Oklahoma City, OK 73142 405-713-1433 Ashley Rahill, Secretary Kara Pratt, 7100 Classen Blvd., Suite 330 Social Committee Co-Chairperson Judge Allen J. Welch, Oklahoma City, OK 73116 Barber & Bartz Judicial Liaison Co-Chairperson (OKC) 405-286-9619 525 S. Main St., Suite 800 321 Park Ave., Room 217 Tulsa, OK 74103 Oklahoma City, OK 73102 Kimberly Hays, 918-599-7755 405-713-1441 Budget Chair/Treasurer 248 W. 16th St. Amy E. Page, Stephen R. Eck, Tulsa, OK 74119-4212 Immediate Past Chairperson Annual Meeting Co-Chairperson 918-592-2800 2509 E. 21st St. 2801 E. Memorial Road Tulsa, OK 74114 Edmond, OK 73013 Noel Tucker, Legislative Chairperson 918-208-0129 405-425-5118 2964 Via Esperanza Edmond, OK 73013 Samantha W. Davis, 405-613-8745 Estate Planning Week Chairperson FINANCIAL INSTITUTIONS & 320 S. Boston Ave., Suite 200 Phillip J. Tucker, Trial Advocacy COMMERCIAL LAW Tulsa, OK 74103-3706 Institute Co-Chairperson Steven R. McConnell, Chairperson 918-594-0638 P.O. Box 601 P.O. Box 26090 Edmond, OK 73083-0601 Oklahoma City, OK 73126-0090 Jennifer Wright, 405-348-1789 405-415-9010 Social Chairperson (OKC) 531 Couch Drive, Suite 201 Jon R. Ford, Trial Advocacy Lori E. Eropkin, Vice Chairperson Oklahoma City, OK 73102-2207 Institute Co-Chairperson 100 W. 9th St. 405-701-6968 One Grand Center Shawnee, OK 74801 201 N. Grand, Suite 400 405-395-0516 Jim Milton, Enid, OK 73701-4341 Social Chairperson (Tulsa) 580-234-0253 Daniel Resendez, Secretary 320 S. Boston Ave., Suite. 200 P.O. Box 22222 Tulsa, OK 74103-3706 M. Shane Henry, Trial Advocacy Oklahoma City, OK 73123 918-594-0523 Institute Co-Chairperson 405-696-8722 Henry & Dow 1616 S. Main Tulsa, OK 74119 918-933-4333

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 35 David Burge, Treasurer Michael A. Whiting, Vice Chairperson Richard Mildren, 1800 S. Midwest Blvd. Whiting & Bruner Immediate Past Chairperson Midwest City, OK 73110 Victoria Building, Suite 222 6325 N. Villa, #142 405-733-1990 1901 N. Classen Blvd. Oklahoma City, OK 73112 Oklahoma City, OK 73106 405-650-5100 Ashley Warshell, 405-525-6671 Scholarship Officer 210 Park Ave., Suite 3001 D. Aaron Bruner, Secretary Oklahoma City, OK 73102 Whiting & Bruner HEALTH LAW 405-600-9500 6440 S. Lewis Ave., Suite 100 Melissa D. Revell, Chairperson Tulsa, OK 74136 Two W. 2nd St., Suite 1100 Eric L. Johnson, Update Officer 918-488-8000 Tulsa, OK 74103 8524 S. Western, Suite 114 918-574-3017 Oklahoma City, OK 73139 Frank A. Urbanic, Treasurer 405-602-3812 1211 N. Shartel Ave., Suite 906 Rebecca Pasternik-Ikard, Oklahoma City, OK 73103 Chairperson-Elect Moira Watson, Program Officer 405-633-3420 Oklahoma City, OK 73120 Hall Estill Law Firm 405-361-3875 100 N. Broadway Ave., Suite 2900 Ashley B. Forrester, Oklahoma City, OK 73102-8614 Social Chairperson Russell C. Ramzel, Treasurer 405-553-2828 Forrester Law Firm 4000 One Williams Center 625 NW 13th St., Suite A Tulsa, OK 74172-0148 Kelsey Quillian, Oklahoma City, OK 73103-2239 918-586-5680 Membership Engagement 405-974-1625 4401 W. Memorial, Suite 109 Stacy Brklacich, Oklahoma City, OK 73134 Frank A. Urbanic, Immediate Past Chairperson 405-235-6500 Immediate Past Chairperson Blue Cross and Blue Shield 1211 N. Shartel Ave., Suite 906 of Oklahoma Miles Pringle, Oklahoma City, OK 73103 1400 S. Boston Ave. Legislative Monitoring Officer 405-633-3420 Tulsa, OK 74119 9020 N. May Ave. 918-551-2173 Oklahoma City, OK 73120 405-820-9219 GOVERNMENT & Miles Pringle, ADMINISTRATIVE LAW IMMIGRATION LAW Immediate Past Chairperson PRACTICE Jesse Gordon, Chairperson 9020 N. May Ave. Stephen Cortes, Chairperson 711 S. Husband St. Oklahoma City, OK 73120 5801 Broadway Extension, Suite 110 Stillwater, OK 74074 405-820-9219 Oklahoma City, OK 73118 405-334-2286 405-213-0856 Whitney Bowman-Webb, David A. Miley, Treasurer Chairperson-Elect GENERAL PRACTICE/ 200 NE 21st St. 624 S. Denver Ave., Unit 300 SOLO & SMALL FIRM Oklahoma City, OK 73105-3204 Tulsa, OK 74119 Ashley B. Forrester, Chairperson 405-521-2639 918-261-2489 Forrester Law Firm 625 NW 13th St., Suite A Tamar G. Scott, Secretary Karen Aguilar Kennedye, Secretary Oklahoma City, OK 73103-2239 200 NE 21st St. 2525 NW Expressway, Suite 512 405-974-1625 Oklahoma City, OK 73105 Oklahoma City, OK 73112 405-521-2635 405-535-1679

36 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Kyle Tresch, Treasurer Elizabeth Isaacs, Dist. 2 Director 2548 NW Expressway, Suite 102 211 N. Robinson, 10th Floor Oklahoma City, OK 73112 INSURANCE LAW Two Leadership Square 405-609-6601 Matthew B. Wade, Chairperson Oklahoma City, OK 73102 The Abel Law Firm 405-224-2916 Tara Jordan De Lara, The White House CLE Chairperson 900 Northeast 63rd St. Shawn M. Dellegar, Director at 222 E. Eufaula St., Suite 240 Oklahoma City, OK 73105 Large/Immediate Past President Norman, OK 73069 405-239-7046 Crowe & Dunlevy 405-310-7324 500 Kennedy Building Michael L. Chitwood, Treasurer 321 S. Boston Ave. Lorena Rivas, Chairperson 14000 Quail Springs Parkway, Tulsa, OK 74103-3302 Fry & Elder Suite 230 918- 592-9807 1630 S. Main St. Oklahoma City, OK 73134 Tulsa, OK 74119-4410 405-419-2654 918-585-1107 Jeffrey A. Curran, Secretary INTERNATIONAL LAW Gable Gotwals Katherine J. Trent, Chairperson 1 Leadership Square P.O. Box 720072 INDIAN LAW 211 N. Robinson Ave., Suite N1500 Norman, OK 73072 Jennifer N. Lamirand, Chairperson Oklahoma City, OK 73102 405-300-4784 Crowe & Dunlevy PC 405-235-5500 324 N. Robinson Ave., Suite 100 Rebeca West, Chairperson-Elect Oklahoma City, OK 73102-6417 Oklahoma City, OK 73150 405-235-7700 210-862-6350 INTELLECTUAL PROPERTY Jacintha Webster, Chairperson-Elect Zach Oubre, President Brooke E. Hamilton, Secretary 3304 NW 24th St. McAfee & Taft 1605 Greenbriar Drive Oklahoma City, OK 73107 10th Floor, Two Leadership Sq. Norman, OK 73072 405-802-7542 211 N. Robinson Ave. 405-371-2532 Oklahoma City, OK 73102 Austin Vance, Secretary 405-235-9621 Ashley Edwards Quinn, Treasurer 512 N. Broadway Ave., #300 5820 Barnes Circle Oklahoma City, OK 73102 Ann M. Robl, Vice President Oklahoma City, OK 73112 405-516-7828 609 W. Sheridan Ave. 405-816-9062 Oklahoma City, OK 73102 Stephanie Hudson, Budget Officer 405-607-8600 4200 Perimeter Center Drive, Suite 222 Ross Chaffin, Secretary/Treasurer JUVENILE LAW SECTION Oklahoma City, OK 73112 2 Leadership Square Tsinena Thompson, Chairperson 405-943-6457 211 N. Robinson, Suite 450 5900 Classen Blvd. Oklahoma City, OK 73102 Oklahoma City, OK 73118 Wilda Wahpepah, 405-606-3350 405-673-5769 Immediate Past Chairperson Norman, OK 73072 Jessica John-Bowman, Jennifer Douglas, 405-321-2027 Dist. 1 Director Vice Chairperson Williams Center Tower II 5905 N. Classen Court, Suite 204 2 W. 2nd St., Suite 1100 Oklahoma City, OK 73118 Tulsa, OK 74103 405-713-6737 918-587-0000 Gwen Clegg, Secretary P.O. Box 501043 Tulsa, OK 74150-1043 918-401-9646

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 37 Aushianna Nadri, Treasurer 5905 N. Classen Court, Suite 204 Oklahoma City, OK 73118 LAW OFFICE MANAGEMENT MASTER LAWYERS 405-713-6776 & TECHNOLOGY Ronald Main, Chairperson Sandra L. Tolliver, Chairperson 6634 S. New Haven Ave. Tsinena Thompson, P.O. Box 14271 Tulsa, OK 74136-2842 CLE Chairperson Tulsa, OK 74159-1271 918-742-1990 5900 Classen Blvd. 918-743-4400 Oklahoma City, OK 73118 Yasodhara M. Means, Secretary 405-673-5769 Russell S. Cochran, 2300 N. Lincoln Blvd., Suite 212 Chairperson-Elect Oklahoma City, OK 73105 419 NE 38th Terrace 405-312-0160 Oklahoma City, OK 73105-3706 LABOR AND 405-521-2885 Charles R. Hogshead, Treasurer EMPLOYMENT LAW 4112 S. New Haven Place Kristin Richards, Chairperson Charles Hogshead, Tulsa, OK 74135-2728 Hammons, Gowens, Hurst & Secretary/Treasurer 918-851-0851 Associates 4112 S. New Haven Place 325 Dean A. McGee Ave. Tulsa, OK 74135-2728 Oklahoma City, OK 73102 918-851-0851 405-235-6100 MILITARY & VETERANS LAW Dale Rex, (See www.okbar.org/sections for Laura Talbert, Vice Chairperson Immediate Past Chairperson leadership information) Stockton Talbert PLLC Sweeney, Draper & Christopher PLLC 1127 NW 14th St. P.O. Box 190 Oklahoma City, OK 73106 Ada, OK 74821 405-740-1727 580-332-7200 REAL PROPERTY LAW J. Brandon Harvey, Chairperson Samanthia Marshall, Treasurer Field, Trojan & Harvey PLLC McAfee & Taft P.O. Box 5676 William Center Tower II LITIGATION Enid, OK 73702 Two W. Second St., Suite 1100 David W. VanMeter, Chairperson 580-233-4625 Tulsa, OK 74103 600 N. Walker Ave., Suite 101 918-574-3094 Oklahoma City, OK 73102 Deborah A. Reed, 405-228-4949 Chairperson-Elect Barret T. Bowers, Secretary Reed Legal PLLC Ward & Glass Renée DeMoss, Vice Chairperson P.O. Box 3711 1601 36th Ave. NW 100 W. 5th St., Suite 1100 Broken Arrow, OK 74013 Norman, OK 73072 Tulsa, OK 74103-4217 918-728-1604 405-360-9700 918-595-4800 Roberto L. Seda, Budget Officer Paige H. Good, John M. “Jake” Krattiger, Treasurer 10600 S. Pennsylvania Ave., Immediate Past Chairperson 1 Leadership Square Suite 16-715 McAfee & Taft 211 N. Robinson Ave., Suite N1500 Oklahoma City, OK 73170 211 N. Robinson, 10th Floor Oklahoma City, OK 73102-7144 405-759-0678 Oklahoma City, OK 73102 405-235-5500 405-552-2340 Jennifer S. Jones, Secretary First American Title Insurance Co. 133 NW 8th St. Oklahoma City, OK 73102 405-552-7717

38 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Rhonda McLean, Member-at-Large Rachel Pappy, Munson & McMillin Immediate Past Chairperson 247 N. Broadway TAXATION LAW Polston Tax Edmond, OK 73034 W. Todd Holman, Chairperson 2424 Springer Drive, Suite 100 405-513-7707 Barber & Bartz Norman, OK 73069 525 S. Main St., Suite 800 405-801-2146 Stephanie Moser-Goins, Tulsa, OK 74103 Member-at-Large 918-599-7755 P.O. Box 1223 Norman, OK 73070 Ryan J. Duffy, Vice Chairperson WORKERS’ COMPENSATION 405-310-9472 Fellers Snider Law Office Tess Bullard, Chairperson 100 N. Broadway Ave., Suite 1700 P.O. Box 780 Zachary T. Ball, Oklahoma City, OK 73102 Oklahoma City, OK 73101 Immediate Past Chairperson 405-239-7225 405-604-5000 Ball Morse Lowe PLLC 3201 S. Berry Road Taylor K. Ferguson, Secretary Zachary H. Walls, Norman, OK 73072 100 N. Broadway Ave., Suite 1500 Chairperson-Elect 405-701-5355 Oklahoma City, OK 73102 2601 NW Expressway, Suite 1120W 405-522-9439 Oklahoma City, OK 73112 Kraettli Q. Epperson, 405-235-7641 TES Committee Co-Chairperson Kaimee Tankersley, Treasurer 50 Penn Place Kellis Tankersley PLLC Lacy N. Vassar, Secretary 1900 NW Expressway, Suite 1400 5808 Hickory Bend Drive 210 W. Park Ave., Suite 1450 Oklahoma City, OK 73118 Norman, OK 73026 Oklahoma City, OK 73102-8818 405-848-9100 405-881-2075 405-235-7600

Charis Ward-Gallas, Alan G. Holloway, William R. Emig, Treasurer TES Committee Co-Chairperson Member at Large (West) 7 S. Mickey Mantle, 2nd Floor 6307 Waterford Blvd., #120 McAfee & Taft Oklahoma City, OK 73104 Oklahoma City, OK 73118 Two Leadership Square 405-999-9000 405-848-7878 211 N. Robinson, 10th Floor Oklahoma City, OK 73102-7109 Nichole S. Bryant, Barbara L. Carson, 405-552-2344 Immediate Past Chairperson TES Committee Secretary 2347 S. Delaware Ave. 624 S. Denver, Suite 202 Sheppard F. “Mike” Miers Jr., Tulsa, OK 74114-3234 Tulsa, OK 74119 Member-at-Large (East) 918-938-1103 918-605-8862 GableGotwals 1100 OneOK Plaza Rhonda McLean, 100 W. 5th St. TES Committee Handbook Editor Tulsa, OK 74103-4279 Munson & McMillin 918-595-4834 247 N. Broadway Edmond, OK 73034 Julie M. Holmes Chapel, 405-513-7707 IRS Liaison Officer 55 N. Robinson Ave., Suite 830 Ryan W. Schaller, Oklahoma City, OK 73102-9237 TES Committee Legislative Liaison 405-982-6744 247 N. Broadway Edmond, OK 73034 Marjorie L. Welch, 405-513-7707 State Liaison Officer Norman, OK 73069 405-414-5909

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40 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL

Criminal Law Determining Radio Frequency Coverage in Criminal Cases By Richard Miletic

N CRIMINAL CASES, certain for no more than a few months. With that said, some cells are Itechniques are used to deter- This data uses proprietary tech- omnidirectional (circular) and mine the location of a mobile niques to calculate a location for some have three, four and six phone at the time of a crime. This the phone and a confidence level sectors, but the three-sector cell is article explains new methods of of its accuracy. The problem with by far the most dominant in the figuring out radio frequency (RF) this is that there is no way of ver- industry. Each sector on a four- coverage with a high degree of ifying the methods used to deter- sector cell covers 90 degrees. Each accuracy in order to establish the mine the location, and the network sector on a six-sector cell covers 60 location of the phone in relation to operators do not provide any degrees. Whatever the case, the cell the serving cell site at the time of detail on how they determined it. site information is provided and the incident. Due to the highly technical thus the RF coverage analysis can In order to determine the nature of the information and its be done accordingly. Figure 2 is a location of the mobile phone, importance in many cases, it is a subpoena is served upon the highly beneficial to hire an expert cellular network service operator. witness who has experience in cel- The service operator provides Call lular network design, optimization Detail Records (CDRs), Cell Site and mobile phone location. Location Information (CSLI) for a certain time period for a specific BACKGROUND mobile phone number and a list In a typical cellphone network, of the cell sites in the general area. a cell site is comprised of three Serving cell sites are the sites that sectors with one transmit and two the cellphone was connected to receive antennas per sector. (See during the calls. Among other Figure 1.) things, the CDR includes cell site They are easily distinguishable ID information that indicates because of the triangular shape. which cell was handling the call. Some towers will have multiple This is how the location of the network operators using the same phone is matched to the location of tower and/or have multiple tech- the cell site. The problem with this nologies on the same tower. The is that the phone can be anywhere antennas are designed to transmit within the coverage area of the cell over a 120-degree beam width such and the exact location is unknown. that by combining all three sectors It is important to determine the the result is full coverage around coverage areas of the serving cells the cell. This is done to increase so that one knows the general coverage and capacity as opposed location of the mobile. CSLI data to having a single antenna trans- may or may not be available as it is mitting a circular pattern. only kept by the network operator Figure 1: Cell site with 3 sectors

42 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL simple representation of the and airports, Distributed Antenna site. A series of communication difference between an omnidirec- Systems (DAS) are installed. These messages between the phone and tional, three-sector and six-sector cell. consist of several antennas mounted the network occur in order to Cellular networks consist of sev- inside the venue connected with assign a frequency and channel eral cell sites that connect to each coax and fiber to a central point. number for communication. After other and to processing servers and The wireless operators connect the the call is established, the phone telephone switches via high-speed cellular network to the DAS at this continuously measures the signal copper, fiber optic or microwave point. The purpose of these antenna strength from the serving and sur- links. In a large metropolitan area systems is to increase the capacity rounding cells in case it needs to such as Chicago, there may be over (number of served users) and the hand off to another cell site. Details 1,000 outdoor or macro cell sites coverage in order to support high of the call are kept in the network serving the mobile phone users. density of users and provide better processing equipment for billing, These outdoor or macro cell sites coverage indoors. engineering and call processing. consist of a small building con- When a cellphone initiates a taining the processing equipment call, the cell site sector with the best CASE ANALYSIS and cabling and antennas that are coverage and quality of service is Recent cases have shown mounted on a building or tower. assigned based on real time signal that the government uses vague For large indoor venues such strength and quality measure- descriptions of cell site coverage as sports stadiums, hospitals ments by the phone and the cell areas. These usually consist of an

Figure 2: Cell site sectors

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 43 arbitrary radius from the cell site Amendment rights, a cellular Thus, again it is clear that the in a circular pattern or in a direc- network design expert will government overestimates and sim- tional or sectorized arc pattern. investigate the actual testimony plifies the coverage area. By using a As in the following cases, the regarding the determination of more scientific approach, the defense radius is typically arbitrary and the cell site coverage area. team can mitigate or even eliminate not scientifically determined. The At trial in Timothy Carpenter’s the prosecution’s argument about prosecution will typically create a case, FBI agent Christopher Hess the phone being within the coverage coverage area that is its “best case” said that in an area like Detroit area at the time of the crime. and encompasses the crime scene, the cell sector’s signal could reach thus “proving” that the defendant “typically anywhere from a half- United States v. Davis3 was in the area of the crime scene. mile to two miles.”2 The govern- The defendant in United States v. When the prosecution provides ment assumed a three-sector cell Davis was charged with committing this type of map as evidence, it is each with a 120-degree angle for several armed robberies. MetroPCS important for the defense to obtain each sector with a radius of two supplied 67 days of cell site records the CDR and CSLI information miles. The image would look for the phone in question as well as directly from the wireless operator something like Figure 3, with the the relevant cell site locations. and hire its own expert to create arrow pointing to the proposed The prosecution’s expert coverage plots that are based on a coverage area. witness stated that “a cell tower more scientific approach. This is not the exact location would generally have a coverage of the cell site in the case, but a radius of about one to one-and- United States v. Carpenter1 sector with a 2-mile radius is quite a-half miles.”4 He also said that In Carpenter, the U.S. Supreme large, and in reality, there could urban areas could have smaller Court held that police must be a dozen or more cells within coverage areas, but he did not say usually get a warrant to access this arc. Also, the actual coverage how much smaller. Further, it was historical CSLI. While all the would look nothing like the arc stated that cellular companies are press in this case is about Fourth shown in this figure. installing small cells that may cover an area of 10 meters. Hundreds of small cells could fit in a circle with a radius of 1.5 miles. It is very clear that identifying the cellular coverage of a cell cannot be done arbitrarily. A much more scientific approach is needed.

People v. Brim5 In Ronald Brim’s case the prosecution’s expert used a 1-mile radius for each cell site. This was the “outside reach” or best case for the prosecution. Los Angeles is very dense and nearly all its cell sites are sectorized. Thus, this representation of the cell site coverage was highly slanted toward the prosecution. In all these cases and many more, prosecutors used arbitrary methods of calculating the coverage of a cell site and used the “best case” scenario for them to place the phone at the crime scene. Daubert requires that “scientific method- ology” be used. This is an opportunity for defense attorneys to Figure 3: Cell site with 120-degree sector and 2-mile radius contest the prosecution’s methods

44 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL and to use an expert witness that be displayed as a geographic area guidelines to assure that data is will bring more proven methods of including estimates of the relative relevant and comes from “scien- determining cell site coverage. error of the estimate. Worst case is tific knowledge.” The data must that the data shouldn’t be used at be presented by an expert witness United States vs. Evans6 all as there is no technical expla- complying with Rule 702, which is In this case, the court struck nation of how the location esti- as follows: down what the prosecution’s expert mate is calculated. called the “granulization theory” of In U.S. v. Mamah, the court A witness who is qualified as determining cell site coverage. This states “It is critical under Rule an expert by knowledge, skill, theory assumes the phone is served 702 that there be a link between experience, training, or educa- by the nearest tower and coverage the facts or data the expert has tion may testify in the form of estimates of the tower are based on worked with and the conclusion an opinion or otherwise if: “training and experience.” the expert’s testimony is intended First, a cellphone is not always to support. See Gen. Elec., 522 U.S. (a) the expert’s scientific, tech- served by the nearest tower and at 146, 118 S.Ct. 512 (‘A court may nical, or other specialized second, it is impossible to deter- conclude that there is simply too knowledge will help the mine the actual coverage unless great an analytical gap between trier of fact to understand you have additional data about the data and the opinion prof- the evidence or to deter- the cell site and/or drive test data fered.’). The court is not obligated mine a fact in issue; which in this case there was nei- to admit testimony just because it (b) the testimony is based on ther. Coverage must be determined is given by an expert.” sufficient facts or data; by “scientific calculations” accord- Since the underlying data (c) the testimony is the product ing to the court thus the granuli- provided by the network operator of reliable principles and zation theory was denied and the cannot be verified then it cannot methods; and the expert prosecution could not show their be used as there is no link between has reliably applied the estimated coverage of the towers. the technology used to create the principles and methods estimate and the estimate itself. to the facts of the case. U.S. v. Mamah7 In addition, the location estimate CSLI data is being used more should not be displayed as a point The prosecution wants to prove often in cases by the prosecution. on a map as the data provided by the phone could have been at the This data is called different things the network operator is an “esti- incident, and the defense wants depending on which network oper- mate” of the location and a confi- to prove that the phone could not ator is supplying it. Verizon calls dence level and/or error value. have been there or was some- it RTT and AT&T calls it NELOS. where else. This all comes down Basically, they are providing EXPERT WITNESS to determining the actual coverage latitude/longitude locations of the The defense team brings in of the cell site at the time of the mobile phone along with a degree an expert witness to analyze the crime. Determining whether the of confidence about its accuracy. mobile and network data, decide phone and incident were within or As explained previously in this as to the location of the phone at not within the coverage area at the article, CSLI data may or may not the time of the incident and dis- same time may be key to determin- be available as it is only kept by pute the prosecution’s claims con- ing the outcome of the case. It is the network operator for no more cerning the location of the mobile critical to get this right because an than a few months at most. This phone. This must be based on sci- innocent person may go to prison. data uses proprietary techniques entific evidence that satisfies the to calculate a location for the Daubert8 or Frye9 rules depending DETERMINING phone and a confidence level of its on the jurisdiction in which the ACTUAL COVERAGE accuracy. The problem with this is case arises. To meet the Frye stan- In order to determine the actual that there is no way of verifying dard, scientific evidence presented coverage of a cell, a combination the methods used to determine the to the court must be interpreted by of sophisticated RF modeling location and the network operators the court as “generally accepted” and drive testing must be per- do not provide any detail on how by a meaningful segment of the formed. RF modeling is done with they determined it. Displaying associated scientific community. software that imports antenna the locations as individual points The Daubert standard super- patterns, network characteristics, is not accurate. At best it should sedes Frye and provides a set of terrain, morphology, traffic data

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 45 the profile pattern. The RF chamber blocks out any external radio signals so it does not disrupt the test. The output of this test is a profile that may look something like the photo in Figure 5. The image in Figure 5 is a 3D representation because in reality antennas transmit in 3D space. The blue color indicates a stronger signal because this is closest to the RF source. The antenna patterns in Figure 5 look similar to a circle or an arc, but not exactly. Antennas also have side or back lobes, as can be seen in the left side of the figure to the left of the main lobe. These are functions of the antenna design. Many variables can affect the actual coverage of an antenna in the real world, including the following:

Antenna height Figure 4: Omnidirectional cell with arbitrary one-mile radius Transmit power (output and building databases. Through to design and optimize cellular power at the antenna) proven algorithms, it creates a phone networks. Antenna down tilt (angle coverage plot or heat map. The The cell site antenna transmit of antenna pointing down accuracy of the coverage plot can pattern is key to understanding its from horizontal) be further improved by drive coverage. Many different types of Terrain (hills, mountains, testing samples of the area and antennas are available, depending valleys, etc.) fine tuning the modeling param- on the need for the network design. Clutter (trees, grasses, eters with actual measured data. The antenna manufacturers test foliage, buildings, etc.) Cellular network providers have their antenna models in an enclosed Traffic patterns (busy times used this method for many years RF chamber in order to determine usually decrease the coverage)

Figure 5: 2D Antenna Test Pattern (left), 3D Antenna Pattern (right)

46 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Interference (signals from other cell sites, external transmissions or generated from poor cell site cable connections)

Another major factor affecting coverage area is the terrain and clutter. The world is not a flat surface. Mountains, hills and crevices will block radio signals. In addition to terrain, there is morphology or clutter. This consists of everything on top of the terrain including trees, grasses, water and rocks. These either block or soak up radio frequency, essentially decreasing the coverage area. Buildings have a significant impact Figure 7: Best Server Coverage Plot on RF coverage. Steel, concrete and tempered glass are all materials the boundary of the coverage area. arrow, then it would be deemed to that will block or reflect RF. If the network blocks these users be located within the red area indi- Finally, the amount of traffic from the cell, the coverage area cated by the red arrow. As Figure 7 on the cellular network has a essentially decreases. It is therefore demonstrates, the coverage areas significant impact on the coverage important to look at the time of of the cells look nothing like circles of the cell. This is dependent on day and peak and nonpeak times or arcs. Most coverage areas are the technology, but in general the when determining coverage. shown generally downstream from more traffic on a cell, the smaller Figure 7 shows a coverage plot the antenna, but the shape and size the cell’s coverage area. There is a of an area with several cell sites. are dependent on all the factors maximum number of calls the cell The sites are shown in black along mentioned previously. This mod- site can handle. As the number with their corresponding code eling is based on scientific calcula- of users increase, the noise they names. The icons for the cell sites tions and real-world data. create also increases. Therefore, in represent three-sector cells. The order to maintain good call quality, heatmap colors are the coverage or MEASURED DATA the network prioritizes the callers. serving areas for each cell sec- Drive testing can be performed The ones that have a poor audio tor. The boundary area between to further improve the RF cover- channel may be delayed or blocked colors is where the handoffs occur age model. Drive testing uses a from calling. These are phones that from one cell sector to the next. If device such as the one in Figure 8. are in a high interference or poor a mobile phone was being served The drive test equipment consists coverage area, which is typically at by the sector indicated by the black of a high-speed cellular scanner, GPS receiver, cellphones and a tablet or laptop computer. The equipment is installed in a vehicle and then driven around the area of interest to gather actual signal strength measurements being received from the cell sites. The scanner collects signal strength and cell site parameters for multiple technologies simul- taneously. The GPS receiver tags a location to the signal data once per second and stores it on the hard drive of the tablet or laptop Figure 6: Terrain and Clutter computer.

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 47 All subscriber information, call including, but not limited to, emails, detail(s), caller identification(s), web browsing and text messages. cell site location information, call detail records. CONCLUSION The current method of determin- List of cell sites within a _ ing coverage area for cell sites by radius of _ containing the drawing an arbitrary circle or arc following for each cell sector around the cell site is not a scien- (required for RF modeling of tific method and should not pass actual coverage): the Daubert or Frye test. A better method presented here has been Latitude used by cellular RF engineers for Longitude many years and uses a combination Figure 8: Drive Test Equipment Ground Elevation (feet) of modeling and measurements to Antenna Centerline (feet) determine actual coverage. Many A phone can be connected to the Antenna Azimuth (degrees criminal and civil cases depend on equipment in order to simulate a user from True North) accurate and scientific information experience and try to duplicate the Antenna Model about cellphone location. People’s mobile phone in question. Network Antenna Mechanical Down lives depend on the outcome. The data collected from the phone indi- tilt most accurate method available cates the serving cell, signal levels and Antenna Electrical Down tilt should be utilized to make sure a host of other data. While it is desired Cable Losses (dBm) justice is properly served. to use the same model of phone as EiRP (Watts) the defendant used, it is not necessary Technology (LTE, UMTS, because most phones use similar tech- CDMA, EVDO, GSM, etc.) ABOUT THE AUTHOR nology. In addition, radio frequency MIMO configuration (2 x 2, Richard Miletic is founder and specifications for the mobile phone none, etc.) principal of ZK Services in Mountain are set by FCC requirements.10 Frequency Band View, California. He has been in the The resulting signal strength Channel Number (Channel wireless field for over 30 years. He measurements and their GPS number for CDMA, UAR- helps with network design, testing and locations are imported into the FCN for UMTS, EARFCN troubleshooting for cellular, Wi-Fi and modeling software. The modeling for LTE) public safety systems. He provides software uses the actual measured Cell site identification code expert testimony in criminal and civil data to fine tune the model and per technology (PN for cases all over the United States. make it more accurate. CDMA, PSC for UMTS, Network-related parameters PCI for LTE) ©2018, National Association are also collected via a proprietary of Criminal Defense Lawyers. interface to the USB port on the All published and nonpublished Reprinted with permission. cellphone. This provides informa- detailed subscriber records for tion equivalent to the mobile phone incoming calls received or out- ENDNOTES of interest and provides the best going numbers dialed. 1. Carpenter v. United States, 138 S. Ct. 2206 duplication of the RF experience. (2018). 2. United States v. Carpenter, 819 F.3d 880, Historical Global Positioning 885 (6th Cir. 2016). INFORMATION REQUESTED Location (GPS) information or 3. United States v. Davis, 785 F.3d 498 (11th Cir. 2015). FROM WIRELESS OPERATORS location information obtained 4. Id. at 503. When requesting information otherwise without geographical 5. People v. Superior Court of Los Angeles County; Ronald Brim, Real Party in Interest, from the mobile wireless operator limits. B229701, caselaw.findlaw.com/ ca-court-of- with a subpoena, it is important to be appeal/1560782.html. For the dates _ of through 6. Case Number 10 CR 747-3. proactive and timely. Records may be 7. 332 F.3d 475 (7th Cir. 2003). stored for a few months up to several _. 8. Daubert v. Merrell Dow Pharmaceuticals, years, depending on the wireless 113 S. Ct. 2786 (1993). 9. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). operator. The subpoena should This list only pertains to data 10. FCC Electronic Code of Federal contain the following in order to requested for determining location. Regulations, www.ecfr.gov/cgi-bin/text-idx?SID= be7dbb5d84aa010f5ed384dea0fcf1cd&mc= determine the phone’s location: Other phone data may be of interest true&node=sp47.1.2.j&rgn=div6.

48 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL

Indian Law The Stigler Act Amendments of 2018 By Conor Cleary

N DEC. 31, 2018, President Congress enacted the Curtis Act but their homestead allotments OTrump signed into law the requiring the Five Tribes to allot remained restricted.8 Stigler Act Amendments of 2018.1 their lands in severalty.2 Pursuant The first restrictions applied The amendments are the first to agreements negotiated with the only to the allottees and their allot- comprehensive overhaul of the federal government, each tribal ted lands. In order to convey their law governing conveyances of member, known as the “allottee,” allotted lands, restricted allottees restricted Indian land in the state received a homestead allotment had to obtain permission from the of Oklahoma in nearly 75 years and and a surplus allotment, with the secretary of the interior.9 Initially, represent a significant change in acreages of each varying by tribe.3 the restrictions did not apply to federal Indian policy with respect Accompanying each allotment the heirs of the allottee, and once to the Five Tribes of Oklahoma – was a restriction on the ability to the allottee died, the heir could the Cherokee, Chickasaw, alienate it without approval from alienate the inherited land free of Choctaw, Creek and Seminole the federal government.4 The any restrictions.10 Subsequently, nations. This article summarizes restrictions protected the Indian however, Congress began apply- the legal history of restrictions landowners from making improv- ing restrictions to the heirs of on alienation of the allotted and ident decisions to sell their lands allottees as well. The 1908 law, for inherited lands of the Five Tribes, on unfair terms to often unscru- example, provided full-blood heirs principally explaining how the pulous purchasers. Conveyances would continue to be restricted.11 amendments eliminated any made in violation of the restric- Importantly, this law shifted the minimum Indian blood quantum tions were void. Although the authority to approve conveyances necessary to inherit or acquire restrictions initially applied to all by restricted heirs from the secre- restricted land, substituting instead allottees,5 they soon depended tary of the interior to the Oklahoma a requirement that the owner be a on the Indian blood quantum state courts,12 a policy that remains “lineal descendant” of an original of the allottee, which became a in effect to this day.13 Indian allottee on the Dawes Rolls. crude heuristic for determining In 1947, Congress passed the After their forced removal to the capacity to convey land free of Stigler Act, a comprehensive Indian Territory, the Five Tribes governmental supervision. A 1908 overhaul of the law governing owned their respective lands com- law, for example, removed restric- conveyances by heirs of allottees.14 munally. Tribal members had the tions on all of the allotted lands – It tightened restrictions, requir- right to occupy and make use of both homestead and surplus – of ing any heir of at least one-half a portion of the communal estate those allottees who were less than Indian blood to obtain approval but did not individually own it. In one-half blood.6 Conversely, those of a conveyance of inherited land the latter half of the 19th century, allottees who were three-fourths in Oklahoma state court.15 It also federal Indian policy shifted to or more retained restrictions on sets forth a detailed procedure one of assimilation, accomplished both their homestead and surplus for how to obtain approval in the through the policy of allotment lands.7 Those allottees possess- Oklahoma state courts. Among whereby tribal land holdings were ing at least one-half but less than other things, it requires the filing dissolved and allotted to indi- three-fourths Indian blood could of a petition requesting approval vidual tribal members. In 1898, freely alienate their surplus lands, of the conveyance and notice of

50 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL the proceeding to attorneys of the of the lands of the Five Tribes Five Civilized Tribes in Indian Department of the Interior who allotted to individual tribal mem- Territory ... of whatever degree represent the restricted landowner. bers,17 today only a little more than of Indian blood.”22 Accordingly, The federal attorney obtains an 2% remains restricted.18 restricted property inherited by appraisal to verify that the amount The ongoing loss of restricted heirs who are lineal descendants offered for the conveyance is ade- land caused by its inheritance by blood of an original enrollee quate and fair. A hearing is set to by an heir of less than one-half whose name appears on the final approve the conveyance, notice of Indian blood prompted calls for Indian rolls of the Five Civilized which is published in a newspaper reform. On Dec. 31, 2018, President Tribes in Indian Territory will in the county so other prospective Trump signed into law the Stigler remain restricted regardless of the purchasers can appear and com- Act Amendments of 2018.19 The heirs’ blood quanta.23 Similarly, petitively bid for the land.16 “single objective” of the Stigler restricted property conveyed to Although the Stigler Act broad- Act Amendments is “to eliminate another person who is also a lineal ened the application of the restric- the blood quantum requirement” descendant by blood of an original tions on heirs to anyone of at least to own land in restricted status.20 enrollee on the final Indian rolls one-half Indian blood, the inev- Rather than tying restrictions will remain restricted regardless itable result of the law was land to blood quantum, the amend- of the grantee’s blood quantum. lost its restricted status any time ments provide that restricted land Although the Stigler Act it was inherited or acquired by an may be acquired21 by any “lineal Amendments broaden the scope heir less than one-half blood. The descendant by blood of an origi- of persons eligible to inherit or results speak for themselves. Of nal enrollee whose name appears acquire restricted property, they the approximately 16 million acres on the Final Indian Rolls of the do not change the approval

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 51 process for conveying restricted remain nontaxable, inalienable, and free from any enrollees” are those individuals whose names land. The procedure provided incumbrance whatever for twenty-one years.”). appear on such enrollment records. The final 5. Allottees did not include only Indian Indian rolls should be distinguished from the in the Stigler Act summarized members, but also intermarried white citizens and enrollment records of intermarried whites and above continues to govern all African-American freedmen. freedmen, who were also members of the Five 6. Act of May 27, 1908, chap. 199, §1, 35 Tribes. Lineal descendants of original enrollees conveyances of restricted land, Stat. 312. on the intermarried white or freedmen rolls and conveyances of restricted 7. Id. are not eligible to acquire or inherit restricted 8. Id. property unless they also are lineal descendants land made in derogation of this 9. See, e.g., Act of April 21, 1904, chap. of original enrollees on the final Indian rolls. procedure are void.24 The Stigler 1402, 33 Stat. 189, 204 (allowing secretary 23. Another significant change in the Stigler of the interior to remove restrictions on Act Amendments is a provision allowing restricted Act Amendments are prospective surplus lands of allottees upon application); property in the estate of someone dying before in application and do not retroac- Act of May 27, 1908, §1, 35 Stat. 312 (“[T] the enactment of the amendments, but whose he Secretary of the Interior may remove such estate is probated afterward, to descend in tively impose restrictions on land restrictions, wholly or in part, under such rules restricted status to the heirs, regardless of their that previously lost its restricted and regulations concerning terms of sale and blood quanta. See Stigler Act Amendments of disposal of the proceeds for the benefit of the 2018, 132 Stat. 5331 (Dec. 31, 2018). status by virtue of being inher- respective Indians as he may prescribe.”). 24. The law governing probate of estates ited or acquired by someone less 10. See W.F. Semple, Oklahoma Indian containing restricted land is also unchanged. 25 Land Titles 87 (“Prior to the passage of the Notice of such probates must continue to be than one-half blood. Similarly, [Five Tribes Act of 1906], inherited lands could served on the regional director of the Bureau of oil and gas leases obtained from be sold, whether the heirs were full-blood or Indian Affairs, Eastern Oklahoma Regional Office mixed-blood Indians.”). The exception was the in order to be valid. Indian landowners of less than Creek Supplemental Allotment which did not 25. Stigler Act Amendments of 2018, 132 Stat. one-half blood without state court allow alienation of surplus lands by the allotee or 5331 (Dec. 31, 2018). his heirs for five years. See Creek Supplemental 26. Id. approval before the enactment of Agreement, chap. 1323, §16, 32 Stat. 500, 503 the amendments remain valid for (June 30, 1902). 26 11. Act of May 27, 1908, chap. 199, §9, 35 the leases’ duration. Stat. at 315. Because many more people are 12. Id. now eligible to inherit or acquire 13. See Act of Aug. 4, 1947 (hereafter, the Stigler Act), chap. 458, §1(a), 61 Stat. 731 (“[N]o restricted property and will be conveyance ... shall be valid unless approved in subject to the state court process for open court by the county court of the county in Oklahoma in which the land is situated.”). approving conveyances of restricted 14. Id. land, it is important that legal 15. Id., §1(a), 61 Stat. at 731. The only blood quantum that mattered for purposes of practitioners in the state familiarize quantification was the degree of Five Tribes Indian themselves with both the Stigler blood possessed by the Indian landowner. As a result, an Indian landowner who was one- Act and its amendments. half Cherokee and one-fourth Navajo would be restricted, while an Indian landowner who was one-fourth Cherokee and one-half Navajo would not be restricted. ABOUT THE AUTHOR 16. Id., §1(b), 61 Stat. at 731. 17. Angie Debo, And Still the Waters Conor P. Cleary is senior Indian law Run 51 (1940). The Five Tribes’ total acreage attorney at the Office of the Solicitor, before allotment comprised 19,525,966 acres. 15,794,351.48 was allotted and 3,731,613.52 acres U.S. Department of the Interior. was unallotted or segregated from allotment. Id. He received his LL.M. in American 18. Statement of United States Department of the Interior Before the Senate Committee Indian law with highest honors from on Indian Affairs on H.R. 2606, Nov. 14, 2018, the TU College of Law and his J.D. available at www.doi.gov/ocl/hr-2606-1 (last accessed July 12, 2019). from the OU College of Law. 19. Stigler Act Amendments of 2018, H.R. 2606, PL 115-399, 132 Stat. 5331 (Dec. 31, 2018). 20. Statement of United States Department ENDNOTES of the Interior Before the Senate Committee 1. Stigler Act Amendments of 2018, H.R. on Indian Affairs on H.R. 2606, Nov. 14, 2018, 2606, PL 115-399, 132 Stat. 5331 (Dec. 31, 2018). available at www.doi.gov/ocl/hr-2606-1 (last 2. Ch. 517, 30 Stat. 495 (June 28, 1898). accessed July 12, 2019). 3. Compare, e.g., Original Creek Allotment 21. The Stigler Act Amendments specify Agreement, ch. 676, 31 Stat. 861 (March 1, 1901) several methods of acquiring restricted property and Supplemental Allotment Agreement, ch. including inheritance, devise, gift, exchange, 1323, 32 Stat. 500 (June 30, 1902) (providing for purchase, purchase with restricted funds, a 40-acre homestead allotment and 120-acre partition and partition sale. See Stigler Act surplus allotment) with Cherokee Allotment Amendments of 2018, 132 Stat. 5331 (Dec. 31, Agreement, chap. 1375, 32 Stat. 716 (July 1, 2018). The terms “purchase” and “partition sale” 1902) (providing for 110-acre allotments with are newly added methods that did not appear in a 40-acre homestead and 70-acre surplus the original Stigler Act. allotment). 22. Stigler Act Amendments of 2018, 132 4. See, e.g., Creek Supplemental Agreement, Stat. 5331 (Dec. 31, 2018). The final Indian rolls chap. 1323, §16, 32 Stat. 500, 503 (1902) (“Each of the Five Civilized Tribes in Indian Territory citizen shall select from his allotment forty acres are the enrollment records of Indian persons of land ... as a homestead, which shall be and compiled by the Dawes Commission. “Original

52 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 53 From the Executive Director It’s 2020 and Still Not Perfect Cyber Vision By John Morris Williams

HE ASSIGNED YEAR number appearing to be me or the OBA pres- on notice that email is not always Tthis year I am sure will be ident. Unfortunately, I have not seen secure, and the client assumes the prime fodder for optometric quips. a very good solution to this problem. risk of loss of confidentiality when I could not resist either. However, The best way to avoid this is to either they send unencrypted email from the vision I am talking about is for check the actual email address by unsecure locations. Although this tip the OBA and its members for the clinking on the name or by calling may not give you perfect vision, it will present and the future. the sender. I know it’s 2020 and we add focus to your practice. You may It’s an online world. Make no doubt should all have clear vision on this, want to check with your malpractice about it. I have written about our but the scammers have gotten to carrier on this issue. Expediency online features and resources on more some people who none of us would in responding should never cloud than one occasion. The truth is that if consider easy victims. Never open an your duty of due diligence. an organization like the OBA spent attachment unless you are certain of Lastly, I must admit that some- its entire budget on online applica- the sender. A colleague at a large east times, in an imperfect world, online tions it would only be a small fraction coast state bar association reported systems don’t always work or do not compared to what major banks and their system had been hit by ransom- address every issue. That is why at the retailers put into their system devel- ware pirates and it cost thousands OBA we still answer the phone live opment and maintenance. In trying to of dollars to recover. If you don’t pay and have staff whose job it is to make apply some economy to our scale, we attention to cybersecurity you will be sure you get what you need. Our clear have migrated to cloud applications blindsided and, at a minimum, it will vision is to enhance the professional as much as possible. This allows us to cost you thousands of dollars and lives of our members regardless of the have greater security and allows us to may end up affecting your licensure. tools available. If you have a problem maintain fewer servers on premises. I recently attended a session at a with using our technology, don’t stay However, it is frustrating to know national meeting and heard a pre- at it until you see red. Call us. We our members, at times, compare our sentation on practicing in the cyber understand you sell time for a living systems to the experience they have world. One good piece of information and it is our clear vision to be attentive, with multibillion-dollar enterprises. I gained was the need to include competent, friendly, professional and In my opinion, we do amazingly cybersecurity and its relationship to accommodating to all our members. well given the resources we have. confidentiality in client engagement May we all have clarity in all we Our vision is that we will continue letters. We all know that email is only do this year. May we all have 20/20 to build upon our systems and pro- as secure as the systems and networks in 2020. vide the best value to our members. we are using. An open network at a I consistently hear the word coffee shop is a prime venue to leak “hacked” when someone ghosts or out confidential information. There spoofs another person. We have been are reported incidents that cyber very fortunate at the OBA that we thieves sit in the parking lots of these have never been hacked. However, places stealing information. It was unscrupulous souls lurking on suggested at the session I attended To contact Executive Director the web often will set up fictious that there be an inclusion in the client Williams, email him at johnw@ email accounts and send out emails engagement letter that puts the client okbar.org.

54 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL From the President

(continued from page 4) the OBA’s quality CLE programs. Chesnut and the bar presidents OBA’s 2020 budget has significantly One of the CLE highlights coming before him, to have the able assis- increased the funding for LHL in up this spring and being planned by tance this year of my vice presi- order to broaden the resources of Past Presidents Melissa DeLacerda dent (and former state YLD chair) the LHL crisis hotline and confi- and Stephen Beam, along with Bob Brandi Nowakowski, the Board of dential counseling services offered Burke, will be an all-day CLE pro- Governors and of Mike Mordy as our to members in need and to better gram about the 25th anniversary of president-elect. I am also thankful for fund our education outreach to the Murrah federal building bomb- my colleagues at McAfee & Taft for help more Oklahoma attorneys. ing. This CLE will take place Friday, their support and their encourage- Another important change, led by April 17, in Oklahoma City and is ment of me to take on this challenge. Past President Chuck Chesnut’s CLE not to be missed. Please do not hesitate to contact me Task Force in 2019, will be a change to Our bar association functions at with your questions, comments and the ethics category of CLE to include a high level because of the dedicated suggestions at susan.shields@mcafee- attorney wellness issues.2 Beginning work of our Executive Director John taft.com. I wish each of you the very in 2021, Oklahoma attorneys will be Morris Williams, our excellent OBA best in your professional and personal required to obtain two “ethics” hours staff and because of the creative and lives and hope that all of your resolu- each year, which may be in any of the devoted leadership of our volun- tions for the New Year are successful. categories of legal ethics and profes- teers, including section and com- sionalism, legal malpractice preven- mittee leaders and members. If you ENDNOTES tion or mental health and substance are not already doing so, I encourage 1. You can find the full text of the study at lawyerwellbeing.net/wp-content/uploads/2017/11/ Lawyer-Wellbeing-Report.pdf. 2. As this article went to press, the MCLE rule change was awaiting approval by the Oklahoma Supreme Court. If you are not already doing so, I encourage each of you to make a commitment this year to get involved in a section or committee or with your local or county bar association.

use disorders. Our CLE Department each of you to make a commitment will be working over the next year this year to get involved in a section to increase the course offerings in or committee or with your local or these categories, and you will notice county bar association. Lawyers that many of the live CLE programs supporting one another and the bar will offer an ethics hour focusing association supporting its members on mental health, substance abuse is what the OBA is all about. My hope and attorney wellness. Education as the president for 2020 is that all of on these issues is so important. us feel a part of the OBA community A further goal of mine this year and take advantage of the member is to promote the services offered services that are in place to make law- by the OBA for our members, yers’ lives better and more productive. including the OBA’s law practice I am grateful for the opportu- management assistance programs, nity to serve as your president for the services of our ethics counsel, 2020 and fortunate to follow in the our sections and committees and footsteps of Past President Chuck

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 55 Law Practice Tips Generational Changes in Communication Styles By Jim Calloway

56 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL ECHNOLOGY ADVANCES I recommend you read the article Lawyers appreciate the value of Thave led to many changes in because it makes several valuable good documentation. society. Between text messages, points, at least where law firms and We all will not agree on this sub- emails and social media, today most businesses are concerned. ject. Personally, I still think there is most of us transmit many digital While millennials are often often a superior personal connection messages each day and we pur- accused of not wanting to use with a voice phone call as opposed chase fewer postage stamps for email, for many that reflects their to short digital messages. However, our personal use. attitudes about their personal lives law firms do have to recognize that There are noteworthy gener- rather than work lives. interactions with people who try ational changes in many areas. According to the article, “[this to avoid phone conversations are We differentiate the various is the millennial work email going to increase. Demographics is, generations with words (e.g., Baby standard: 1) If it can be said in as the saying goes, destiny. Young Boomers) and letters (X, Y and Z), an email, send an email; 2) always people grow older and take over and as certain as the sun will rise send an email, if sending an email positions of importance. in the east, many in older gener- is possible; and 3) the only reason There are times when digital ations will complain about the an email should not be sent to communication is more efficient. emerging new generation. communicate basic information We can all agree that you can reply “The children now love luxury; is if the conclusions, objectives or to eight emails more quickly than they have bad manners, contempt answers are not yet decided upon, you can return eight phone calls for authority; they show disre- and multiple people should be when you only have a short amount spect for elders and love chatter present to weigh in on them.” of time – especially since not all in place of exercise. Children are Millennials hate leaving a eight phone calls will be answered. now tyrants, not the servants of 45-minute meeting and thinking On the other hand, absent a their households. They no longer “that should have been an email,” court-authorized wiretap, a two- rise when elders enter the room. and they are not the only ones. party voice phone conversation is They contradict their parents … Meetings may often be required more “private” than an email which and tyrannize their teachers,” said but they should be no longer can be forwarded or disclosed via Socrates by Plato. Although, like than necessary. discovery many months into the many a good story, this has been The writer also makes the point future. Unencrypted email is not challenging to historically verify. that email threads are better for secure, as I have frequently noted. A headline in Forbes caught organization. A well-run meet- my attention – “Millennials Hate ing without minutes or with ‘PHONE-FREE’ CLIENTS Phone Calls, And They Have A incomplete or poor minutes may The CEO of a major computer Point.”1 I’m an official member result in a weaker outcome than services vendor serving the legal of the “no longer a young lawyer a disjointed email thread that profession recently asked in club” and a parent of a millennial, culminates with a positive final an address to a large group of so I have often said, “Can’t we just solution which all stakeholders legal professionals, “Don’t you talk by phone and not text?” approve. The documentation may just hate talking on the phone?” not be perfect but at least it exists. Many attendees murmured their

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 57 agreement. He went on to note client’s telephone calls and will TEXT MESSAGING new offerings from his company also provide communication alter- FOR LAWYERS that would allow lawyers to have natives for the clients who hate In the May 2019 Oklahoma more digital text communications talking on the phone. Bar Journal, I wrote a feature with clients, reducing the dreaded One undeniable benefit of story titled “Text Messaging for phone calls. I want to point out digital communications between Lawyers.”2 In that piece, I covered what a great potential client his lawyers and clients is that there some do’s and don’ts for lawyers, company would be for a law firm. will be a precise record of exactly the security of various text mes- The company has hundreds of what you said and what the client saging apps and tools to use to employees, has many customers said in the event there is ever any send and receive text messages and is extremely well funded, but grievance or question about your from a computer. I mentioned he hates talking on the phone. legal services. As we know, it is ZipWhip as a leading tool to use How well would your law firm not unheard of that two parties for texting from a computer while do in representing this company? to a voice telephone conversation retaining copies of all texts sent Do you have processes in place may have very different interpre- and received for the client file. The where he can avoid frequently tations about what was said later. ZipWhip app allows text mes- talking to your lawyers and staff Another benefit of digital com- saging with a cellphone without on the phone or would that repre- munications is that it is asynchro- disclosing the cellphone number. sentation just not really work for nous communication, meaning ZipWhip can provide immediate your firm? the parties involved in the com- digital communication. While text A common definition of mil- munication don’t have to be avail- messages are less intrusive than a lennial is those born between 1981 able at the same time. That’s one voice phone call, they still inter- and 1996 (or 1997). Individuals of the best things about email. A rupt the recipient’s day and are born in 1981 turned 38 in 2019. client who works the graveyard better for brief communications. Certainly, some entrepreneurs shift and sleeps during the day A solo practitioner contacted younger than that are leading may be better served by digital me after that article was published businesses today, and the “chang- communication tools. and wanted to know if there were ing of the guard” means more There are many different meth- other options. I told him that millennials are assuming corpo- ods of digital communications Apptoto.com was well-regarded rate leadership roles. When I was available today. Let’s discuss how by a respected consultant I knew in private practice, I represented these work in a law firm setting. and one OBA member, but I hadn’t lots of individuals under the age tried it personally. of 40. I’m sure that’s true for many CLIENT PORTALS PROVIDED He reported back later that he lawyers today. Plus, these date BY THE LAW FIRM loved Apptoto. He said:3 ranges are not strict demarcations. I’ve written and lectured fre- It’s probable that an individual quently about using client portals Apptoto will integrate with born in 1980 will have the same for a more secure communications calendar software. That is, attitudes about voice phone calls platform than email. Practice if we type an appointment as one born a year later. management solutions that cater into my calendar and type Our profession has focused to medium-sized and small law the client’s cellphone number on returning client phone calls firms generally provide secure into the appointment, Apptoto because not returning phone calls online client portals as one of the will automatically pick up promptly was a chronic complaint service’s features. These can be the meeting and will send a about the profession’s failure to used for communications but are text to the client before the communicate and could give rise designed more for sharing docu- appointment, notifying them to professional discipline. ments with clients. of the appointment. My secre- Is your firm ready to serve There are other providers of tary likes this feature because clients who strongly prefer digi- secure portals that a firm can uti- she can type an appointment tal communication and certainly lize, but sharing documents with into the calendar and does not don’t want to participate in many clients using the same tool as you have to take any extra steps. voice telephone calls? If not, it’s would to file them in the digital I learned to use Apptoto and something to consider. client file is a very efficient process. then all I had to do was tell the The successful law firm in the secretary to continue entering future will both promptly return appointments into the calendar.

58 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL OFFICE 365 GROUPS AND TEAMS Microsoft Office 365 now provides great digital communi- As Microsoft’s Ben M. Schorr noted in his January cation tools to subscribers. Office 365 Groups and Teams are often 2019 Law Practice Magazine article “Obtaining compared and contrasted. Some reviewers state the most logical the Most from Office 365,” a Group includes a way to look at Groups and Teams is that they are complementary. shared email inbox for the Group conversations, At this point, at least based on my anecdotal observations and a dedicated calendar, a shared document library, conversations with others, relatively few law offices have embraced a OneNote notebook for the Group, a SharePoint Groups or Teams because the firm had already implemented processes site for the Group and a Microsoft Planner. to reach many of these goals. Probably the simplest and best way to look at these are that they are co-working spaces that high- I chose Apptoto precisely for Nov. 4, at 1:30 p.m.’ The text light different co-working aspects. this reason [my secretary was will also ask the client to press One thing that seems certain is concerned she’d have to do 1 to confirm that they received that as Office 365 completes its additional work and learn to the message. takeover of corporate America’s use a new tool]. My secretary computer systems, we are going was very happy and thanked Apptoto has set me up with a to see greater utilization of these me for the choice I made. local number … If the client tools by businesses. For example, texts a response, the client’s text a law firm might build a team that He detailed how his office uses response will be emailed to me. includes members of the law firm, the software: If the client calls the number, representatives of the client, expert the call will go to my land line. witnesses and others involved in I can program Apptoto to send a particular matter. The challenge the client a text at a specified Apptoto is very affordable. The for lawyers is to use these working time before the meeting. I’ve plan I have costs $29 per month. groups in a way that promotes programmed my account to For $29 per month, Apptoto efficiency, cooperation and sharing send each client two texts – will handle 200 appointments without compromising confiden- one at 6 p.m. the day before per month and will sync with tial information or creating some the appointment and another three calendars. The plan I have other ethical challenge. text one hour before the will also email and give voice Both Groups and Teams are a appointment. I can also pro- calls to clients, but I haven’t part of your Office 365 subscrip- gram Apptoto to send a cli- used this feature yet. The plan tion that you can only access by ent a different text message I have is the lowest-cost plan logging in. As Microsoft’s Ben based on what I type into the they offer. Other plans will M. Schorr noted in his January appointment. For example, if handle more appointments 2019 Law Practice Magazine article I type ‘appt’ into my calendar, and sync with more calendars. “Obtaining the Most from Office Apptoto will send the client a 365,”4 a Group includes a shared text saying, ‘Appt Reminder: Most health care providers email inbox for the Group con- You have an appointment with now text appointment reminders versations, a dedicated calendar, [my name] today at 4:30 p.m.’ If to their patients. Lawyers can use a shared document library, a I type ‘Court Appearance’ into Apptoto or ZipWhip to do the OneNote notebook for the Group, my calendar, Apptoto will send same for clients, but these tools a SharePoint site for the Group the client a text saying, ‘This can be used for other text message and a Microsoft Planner. is [my name]. You have a court communications as well. Suffice it to say that the above hearing tomorrow on Monday, list contains almost any tool one

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 59 might imagine an online co-working CONCLUSION Mr. Calloway is OBA Management would require. It is hard to say how While we opened this discussion Assistance director. Need a quick quickly law firms will start using with an examination of genera- answer to a tech problem or help these tools since they have similar tional differences in communi- solving a management dilemma? systems in place, but business will cation styles, I hope the broader Contact him at 405-416-7008, increase use of these tools and point is that law firms represent 800-522-8065 or [email protected]. some lawyers’ first exposure individuals with many different It’s a free member benefit! to them will be when a client communication preferences. Law invites them to join one of these firms have to be open to the idea ENDNOTES co-working spaces. that the ways they have always 1. Brianna Wiest, “Millennials Hate Phone Calles, And They Have a Point,” communicated may not be opti- Forbes, Nov. 4, 2019, www.forbes. SLACK mal for certain clients. There are com/sites/briannawiest/2019/11/04/ Slack5 is an online group work- certainly tradeoffs when choosing millennials-hate-phone-calls-they-have-a-point/. 2. Jim Calloway, “Text Messaging for Lawyer,” ing space that does not require an methods of communication, but Oklahoma Bar Journal, May 2019, www.okbar.org/ Office 365 subscription. lawyers will always have a need to lpt_articles/text-messaging-for-lawyers/. 3. I have lightly edited his comments for Many technically proficient document their client communi- space constraints. individuals swear by Slack. It is cations, whether it is using digital 4. Ben M. Schorr, “Obtaining the Most from Office 365,” Law Practice Magazine, Jan. 1, easy to understand how Slack communication tools or making 2019, www.americanbar.org/groups/law_prac- operates because the free version careful notes during a voice tele- tice/publications/law_practice_magazine/2019/ january-february/JF2019Schorr/. allows up to 10,000 searchable phone conversation. 5. slack.com. messages plus 10 apps and inte- 6. slack.com/security. grations. It is very affordable. The standard plan is approximately $6 to $8 per user per month. Slack focuses on good digital security and has a significant number of security compliance certifications.6 Slack allows message discus- sions to be organized by different channels. This would be quite a handy feature if you are part of a large Slack group. It does allow for file uploading and integration of apps like Google Drive, Google Calendar or Zapier. I’m relatively new to Slack myself but know others who have used it for quite some time and love it.

60 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL

Board of Governors Actions Meeting Summary

The Oklahoma Bar Association Board reserved tables at the Annual the Holloway Inn of Court of Governors met Wednesday, Nov. 6, Meeting luncheon. He also said meeting. Governor Pringle 2019, at the Cox Convention Center the band Journey will perform reported he attended the OBA in Oklahoma City in conjunction with the Saturday evening following Communications Committee the OBA Annual Meeting. the Solo & Small Conference in meeting, Oklahoma County Bar Durant next year, and tickets Association delegates caucus REPORT OF THE PRESIDENT are on sale now. He attended the meeting and Financial Institution President Chesnut reported Communications Committee and Commercial Law Section he attended the Women in Law meeting, funeral for Hugh Banking and Commercial Law Conference luncheon, presentation Hood, Women in Law luncheon, Update seminar. Governor of Mona Salyer Lambird Spotlight Supreme Court Access to Justice Williams reported he attended Awards and Ottawa County Bar Commission meeting to discuss the the TU College of Law alumni Association monthly meeting. He Law for People website design and luncheon where he presented the drafted the December president’s content, staff meetings, planning OBA Outstanding Senior Law message for the bar journal and for Annual Meeting and Diversity Student Award. worked on Annual Meeting details. Committee law school boot camp. REPORT OF THE YOUNG REPORT OF THE REPORT OF THE LAWYERS DIVISION VICE PRESIDENT PAST PRESIDENT Governor Nowakowski Vice President Neal reported Past President Hays reported reported she conducted the he attended the OU College of she attended the Women in Law October division board meeting. Law alumni luncheon where he Conference where she presented the She briefed board members on presented the Outstanding Senior 2019 Mona Salyer Lambird Spotlight the details for the new Annual Law Student Award for the OBA. Awards, funeral service for Hugh Meeting streetcar pub crawl event Hood, OBA Family Law Section co-hosted by the YLD. REPORT OF THE monthly meeting and section PRESIDENT-ELECT Annual Meeting planning meeting. BOARD LIAISON REPORTS President-Elect Shields reported Governor Williams said the she attended the Women in BOARD MEMBER REPORTS Diversity Committee boot camp Law luncheon and Mona Salyer Governor Beese reported he was held last weekend, and Lambird Spotlight Awards cere- attended the Muskogee County Executive Director Williams said mony. She worked on committee Bar Association meeting and OBA the event was well attended. It was appointments and other planning Legal Internship Committee meet- also noted the committee’s award for 2020, drafted a budget memo- ing. Governor Hicks reported banquet received good media randum for the 2020 budget hear- he attended the Access to Justice coverage. Governor Hermanson ing with the Supreme Court and Committee meeting and Tulsa said the Law Day Committee met with Supreme Court Chief County Bar Foundation officer contest promotion is underway, Justice Noma Gurich. elections. Governor McKenzie and they are working on TV shows reported he attended the OBA segments. Governor Oliver said REPORT OF THE Legal Internship Committee the new provider working with EXECUTIVE DIRECTOR meeting, Oklahoma County Bar the Lawyers Helping Lawyers Executive Director Williams Association meeting and OCBA Assistance Program is ready reported board members are delegates caucus. Governor to take over. Governor Pringle invited to sit with judiciary at Morton reported he attended said the Legislative Monitoring

62 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL Committee will meet at the written report of PRC actions and and reappoint lay person Robert H. Annual Meeting tomorrow. Past OBA disciplinary matters from Sunday, Eufaula, with a term President Hays said the Women in Oct. 10 to Oct. 28, 2019, was sub- expiring 12/31/2022. Law Committee held its seminar mitted to the board for its review. and awards banquet. Governor LEGAL AID SERVICES OF DeClerck said the Disaster RESOLUTION OKLAHOMA APPOINTMENT Response and Relief Committee The board voted to issue a reso- The board approved the has wrapped up all assistance lution of appreciation to Governor appointment of M. Alex Duncan, and submitted its final report. Fields, Past President Buddy Neal Oklahoma City, to the LASO Executive Director Williams said and Steidley & Neal PLLC for their Board of Directors with a term the Communications Committee hospitality in hosting the Board of expiring 12/31/22. has been asked to help promote the Governors in McAlester last month. availability of information on the APPOINTMENTS Law for People website. Governor CLIENTS’ SECURITY President-Elect Shields Beese said the Legal Internship FUND APPOINTMENTS announced she has made the Committee is looking at reducing The board approved President- following reappointments: fees for those working in a clinical Elect Shields’ recommendations Board of Medicolegal setting or state government-based to reappoint Micheal C. Salem, Investigations – reappoint Glen D. internship. They are also discuss- Norman, as chairperson and Dan Huff, Oklahoma City, to a one-year ing expanding tasks an intern Sprouse, Pauls Valley, as vice term expiring 12/31/2020. may do unsupervised. chairperson with terms expiring Legal Ethics Advisory Panel – 12/31/2020; reappoint as members reappoint Steven K. Balman, REPORT OF THE Stephen R. Stephens, Stillwater; Tulsa, as panel coordinator, term GENERAL COUNSEL Justin L. Jackson, Oklahoma City; expires 12/31/2020; reappoint as General Counsel Hendryx Joseph M. Vorndran, Shawnee; members Oklahoma City panel: updated the board on the status and Peggy Stockwell, Norman, Leasa M. Stewart, Oklahoma City; of the lawsuit in New Jersey. A with terms expiring 12/31/2022 Harry A. Woods, Oklahoma City; and James R. Waldo, Oklahoma City; terms expire 12/31/2022; Tulsa panel: Jon Prather, Tulsa; Steven K. Balman, Tulsa; and David Butler, Enid; terms expire Governor Beese said the Legal Internship 12/31/2020. NEXT MEETING Committee is looking at reducing fees for those The Board of Governors met in December, and a summary of those working in a clinical setting or state government- actions will be published in the Oklahoma Bar Journal once the min- based internship. utes are approved. The next board meeting will be at 3 p.m. Thursday, Jan. 16, in Oklahoma City.

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 63 Bar Foundation News Get to Know 2020 OBF Board President Patrick O’Hara

Why did you decide to be a lawyer? Growing up on a cotton farm in western Oklahoma during oil and gas “boom and bust” years, I recognized firsthand the value of sound legal advice. The ability to earn a client’s trust through the most difficult situations was something I also admired. I was interested in joining a profession where I would have the opportunity to develop that kind of relationship while providing a valuable service. What is one thing you’re glad you tried but would never do again? Noodling. I was “successful” but don’t need to do it again. Ever. Are there any social norms that completely baffle you? Talking on a cellphone in a crowded elevator What is your biggest pet peeve with modern technology? Too many emails What is on your bucket list? African safari Describe the leadership roles you hold in professional and/or community settings. Over the years outside the legal profession, I have enjoyed leadership Patrick O’Hara roles involving my church, the school system my children attended and their various activities. Because those areas of my life have always Law School: OU College been top priorities, I felt it was important to stay involved and contrib- of Law ute in any way possible. Graduation 1995 What are your goals as 2020 OBF board president? Year: To continue increasing awareness among lawyers about the important work being done by the OBF. I have a lot of friends in the legal community Current Tisdal & and would like to see all of them become OBF Fellows this coming year. Employer: O’Hara PLLC Having served as the OBF Grants & Awards Committee chair for several Location: Edmond years, what do you want the Oklahoma legal community to know about the OBF and its grantees? Due to the nature of many legal practices, lawyers are often not exposed to the difficult challenges faced by certain groups of Oklahoma citizens attempting to access our legal system, including children, elderly, veterans, abused and impoverished, just to name a few. My involvement with the OBF has educated me about the details of that reality. At the same time, my roles on the OBF have also allowed me to meet so many wonderful people whose mission is helping the most vulnerable and underserved members of our society gain access to and successfully navigate our system of justice. Many of our grantees operate on minimal budgets and would not exist without the funding they receive from the OBF. It is truly amazing how many Oklahoma lives are positively impacted by the organizations the OBF supports.

64 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 65 Young Lawyers Division Exciting Year Ahead With Several Ways to Get Involved By Jordan Haygood

APPY NEW YEAR, EVERYONE! date and registration. It’s an event HAs we ring in the new bar YLD COMMITTEES & you will not want to miss! year, I am excited to bring in PROJECTS We will continue growing our some fresh faces for new projects Wills for Heroes program that has planned for the coming months. Awards been so successful these past few The YLD is always willing to roll Community Service years. As we have in the past, we up their sleeves and get to work CLE will try to head out to the rural giving back to our bar and com- Diversity parts of Oklahoma to make sure munities. This year, we will be Hospitality our heroes who are not close to a adding more community service Kick It Forward Kickball large city are able to participate in and fundraising to our agenda, Tournament this event. We will assemble bar giving back to those who paved Membership and New exam survival kits as we have in the way before us and setting a Attorney Orientation years past, host receptions for our path for others to follow. Nominating newest members and hold regular I would like to start by thank- Wills for Heroes social events at the Solo & Small ing my current board members. I Firm Conference in June and OBA am truly grateful for your constant To get involved in one of the Annual Meeting in November. support and proud to stand with committees or projects, email Please make sure you like our each of you on all that you want YLD Chair Jordan Haygood at Facebook page at www.facebook. to accomplish this year. Next, I jordan.haygood@ssmhealth. com/obayld and look for our welcome our new board members. com. Learn more about each articles in the bar journal as we I am very excited to have you join initiative at www.okbar.org/ publicize upcoming meetings, our team – it is always great to YLD/committees. events and projects. have fresh new ideas and views Lastly, I would be remised if I to keep our division growing. It’s We are bringing back the Kick didn’t thank LeAnne McGill, 2015 an honor to be leading such an It Forward kickball tournament YLD chair, for pushing me to be active and committed group of to raise money for the Kick It part of the YLD right after being young professionals. Forward program. In 2015, the sworn in. A simple committee posi- With that said, I encourage all YLD created the program to assist tion turned into a director position, YLD members to become active in lawyers of all ages in need by pay- and now chair. I would not be here the YLD. We have a great group of ing their OBA dues while they get without your constant support. board members looking for new on their feet. If you are an attorney and diverse lawyers to support who is facing an economic chal- their districts and committees. If lenge today and needs assistance Mr. Haygood practices in you have any interest in serving in paying your dues, please visit Oklahoma City and serves as one of our committees, volunteer- our site at okbar.org/kif for more the YLD chairperson. He may be ing or being part of our commu- information. Make sure you start contacted at jordan.haygood@ nity service projects, please contact rounding up your teams, and be ssmhealth.com. Keep up with the me and I will get you plugged in. on the lookout for the tournament YLD at www.facebook.com/obayld.

66 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 67 For Your Information

SAVE THE DATE! COURT OF CIVIL APPEALS LEGISLATIVE JUDICIAL ASSIGNMENTS KICKOFF FEB. 1 ANNOUNCED The Oklahoma The Court of Civil Appeals Legislature recon- judicial assignments have been venes in February announced. Jane P. Wiseman and hundreds of bills of Tulsa will serve as the chief will be prefiled. Much judge, and Barbara G. Swinton of of the proposed leg- Oklahoma City will serve as vice islation could affect chief judge. The following have the administration of been selected to serve as presiding justice, and some will judge for their division: Robert D. undoubtedly affect Bell, Oklahoma City, Division I; your practice. Deborah B. Barnes, Tulsa, Division II; Join the OBA E. Bay Mitchell III, Oklahoma City, Legislative Monitoring Division III; and P. Thomas Committee at 10 a.m. Thornbrugh, Tulsa, Division IV. Saturday, Feb. 1, These positions are all a one-year at the Oklahoma term that began Jan. 1. Bar Center as they identify top bills of interest to the OBA IMPORTANT UPCOMING DATES and your practice Don’t forget the Oklahoma Bar area. Plus, earn Center will be closed Monday, two hours of MCLE Jan. 20, in observance of Martin credit. Lunch will Luther King Jr. Day and Monday, be provided. RSVP Feb. 17, in observance of Presidents to Debbie Brink at OBA Legislative Monitoring Committee Past Chair Angela Day. Also, be sure to docket [email protected] if Ailles Bahm with 2019 OBA President Chuck Chesnut at the the 2020 Solo & Small Firm you’d like to attend. 2019 Legislative Reading Day Conference in Durant June 18-20.

KICK IT FORWARD PROGRAM PAYS 12 MEMBERS’ DUES The Kick It Forward Program paid 12 members’ dues for 2019 totaling $3,300. The program was born out of a desire to help fellow lawyers with financial difficulties. With the many economic challenges lawyers face today, it can be a struggle to build up and maintain a legal practice. That’s why the Young Lawyers Division launched Kick It Forward in 2015, with a mission to assist lawyers of all ages in need by paying their OBA dues while they get on their feet. Find details at www.okbar.org/kif. The program is funded by donations made through an election on your dues statement. By completing the Kick It Forward line, lawyers agree to pay $20, or the amount of their choice, to the program in addition to annual dues. The deadline to apply for assistance with 2020 dues is Jan. 31.

68 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL OBA MEMBER RESIGNATIONS The following members have resigned as members of the association and notice is hereby given of such resignation:

William Robert Floyd Karl Matthew Rysted OBA No. 31336 OBA No. 14849 Hall & Evans LLC Student Legal Aid Attorney 1001 17th St., Ste 300 NMSU Denver, CO 80202-2084 P.O. Box 30001 Las Cruces, NM 88003-8001 Teresa Kay Jones OBA No. 22190 Janice Yeary 14763 County Road 424 Lot 321 OBA No. 11020 ASPIRING WRITERS Lindale, TX 75771 4024 NW 60th St. TAKE NOTE Oklahoma City, OK 73112 We want to feature your work Samantha Lea Prokop on “The Back Page.” Submit arti- OBA No. 32963 cles of 500 words or less related Gunster Law Firm to the practice of law, or send 225 Water St., Ste 1750 us something humorous, trans- Jacksonville, FL 32202 forming or intriguing. Poetry and photography are options too. Send submissions to OBA MARK YOUR CALENDARS FOR Communications Director Carol DAY AT THE CAPITOL MARCH 10 Manning, [email protected]. Oklahoma lawyers, let your voices be heard! The OBA will host its annual Day at the Capitol CONNECT WITH THE OBA Tuesday, March 10. Registration THROUGH SOCIAL MEDIA begins at 9:30 a.m. at the Oklahoma Have you checked out the OBA Bar Center, 1901 N. Lincoln Blvd., Facebook page? It’s a great way and the agenda will feature speakers to get updates and information commenting on legislation affecting about upcoming events and the various practice areas. There will Oklahoma legal community. Like also be remarks from the judiciary our page at www.facebook.com/ and bar leaders, and lunch will OKBarAssociation and be sure to be provided before heading to the follow @OklahomaBar on Twitter Capitol for the afternoon. To RSVP, and @OKBarAssociation on email [email protected]. Instagram.

LHL DISCUSSION GROUP HOSTS FEBRUARY MEETING “Substance Abuse: Talking to Colleagues” will be the topic of the Feb. 6 meeting of the Lawyers Helping Lawyers monthly discussion group. Each meeting, always the first Thursday of the month, is facilitated by committee members and a licensed mental health professional. The group meets from 6 to 7:30 p.m. at the office of Tom Cummings, 701 N.W. 13th St., Oklahoma City. There is no cost to attend and snacks will be provided. RSVPs to ken.skidmore@ cox.net are encouraged to ensure there is food for all.

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 69 Bench and Bar Briefs

ON THE MOVE KUDOS

Robert E. Stevens has joined the Sanford “Sandy” Coats has joined J. Michael Voorhees was firm of McAfee & Taft. He will the Boeing Co. as site director and appointed to the Board of join the firm’s intellectual property senior counsel for their Oklahoma Adjustment for Oklahoma City. group and will practice in the areas City location. He is a former U.S. of intellectual property counseling attorney for the Western District of Charles Laster was elected and transaction matters involving Oklahoma with experience in private chair of the Oklahoma Ethics patents, trademarks, copyrights, practice as well. He received his J.D. Commission. He will serve in this licensing agreements and trade from the OU College of Law in 1998. position until October 2020. Mr. secrets. He received his J.D. from Laster received his J.D. from the the OCU School of Law in 2019. Barbara M. Moschovidis, OU College of Law in 1979. J. Wesley Pebsworth, Ryan A. Collin McCarthy has joined the Pittman and James M. Scears have Josh Solberg was awarded Oklahoma City office of Ogletree been elected as shareholders at the TU College of Law Alumni Deakins as an associate. He GableGotwals. Ms. Moschovidis Association Outstanding Junior received his J.D. from the OU advises clients on a variety of liti- Alumnus Award. The award is College of Law in 2019. gation matters including complex presented annually to a young commercial disputes, oil and gas alumnus or alumna who has Timothy King was appointed law, employment and insurance shown a commitment to the district court judge for Muskogee issues, tribal law and appellate practice of law, demonstrated County. A retired officer in the matters. Mr. Pebsworth advises cli- remarkable achievement in their Oklahoma Army National Guard, ents in civil litigation areas includ- profession or within the commu- Judge King most recently served ing ERISA, FEGLIA, insurance law nity and shown an ongoing com- as the first assistant district attor- and a variety of business matters. mitment to the TU College of Law. ney for Muskogee County. He Mr. Pittman practices primarily in holds a B.S. in business adminis- the areas of construction, real estate Lauren Oldham was named to tration from OSU, a J.D. from the and oil and gas litigation includ- the 2019 National Black Lawyers TU College of Law and a master ing oilfield accidents, lease and Top 40 Under 40 list of prominent of laws from Widener University. title disputes, royalty class actions, young black attorneys. The asso- property damage claims and ciation recognizes lawyers who Myrenda Hancock and Scott pipeline condemnations. Mr. Scears demonstrate superior leadership, Verplank have joined the firm of advises businesses and individuals legal practice, reputation, influ- Mahaffey & Gore PC as associate in income tax planning, tax struc- ence and status as a black lawyer. attorneys. Ms. Hancock received her turing of business transactions, J.D. from the OU College of Law in transfer tax planning and other Former Judge Robert Harlan 2019. Mr. Verplank also received his federal, state and local tax issues. Henry was appointed chair of J.D. from the OU College of Law the newly formed advisory board in 2019. The firm practices pri- for the National Litigation Law marily in oil and gas litigation. Group. He received his J.D. from the OU College of Law. Stephanie McCord was appointed AT THE PODIUM general counsel of the Oklahoma Ethics Commission. She received Jason J. Waddell presented on her J.D. from the OCU School of Oklahoma cycling laws and Law in 2016. recent legislation changes at the 2019 Oklahoma Bike Summit in Oklahoma City.

70 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL

In Memoriam

loyd Elmo Cole Jr. of Stilwell an attorney, Mr. Hammond served homas Green Johnson of Ldied Nov. 14. He was born July 12, as assistant district attorney for TDallas died April 3. He was 1928, in Fayetteville, Arkansas. Okfuskee County as well as prac- born Dec. 3, 1924. He served as Mr. Cole graduated with his J.D. ticing law from his residence. a lieutenant in the U.S. Navy from the OU College of Law in during World War II. Mr. Johnson 1951. Shortly after graduation, ester D. Henderson of received his J.D. from the OU Mr. Cole was drafted into the LSapulpa died Nov. 7. He was College of Law in 1948. From U.S. Army where he served two born Sept. 28, 1937, in Houston. 1948 to 1993, Mr. Johnson worked years as a legal clerk in the Mr. Henderson graduated from for firms across the country. He 47th Infantry Division. In 1953, Sapulpa High School in 1954 and authored the Handbook on Gas he and his wife moved to Stilwell from OSU in 1958. He received his Contracts in 1982 and was presi- where he began practicing law. J.D. from the OU College of Law in dent of the Energy Bar Association Memorial contributions may be 1961. After graduation, he moved in 1988. In 1993, he settled in made to First United Methodist to South Carolina to serve in the Missouri City, Texas, and worked Church, c/o Melissa Cole, 120 W. U.S. Air Force as a JAG officer. as a self-employed expert witness. Division St., Stilwell, 74960. Upon returning to Sapulpa, Mr. Henderson was vice president obert W. Langholz of Tulsa udge Milton C. Craig of and trust officer at the American Rdied Nov. 6. He was born JChandler died Nov. 18. He was Heritage Bank. He also had a Jan. 17, 1930, in Sioux City, Iowa. born Dec. 29, 1925, in Okarche. private practice in Sapulpa for Mr. Langholz graduated from Mr. Craig graduated from San 16 years before serving as district the University of Iowa in 1951. Bernardino High School in 1943. judge for Creek, Okmulgee and He served in the U.S. Air Force He served in the U.S. Navy Okfuskee counties. Mr. Henderson during the Korean Conflict. Mr. during World War II. After the retired in 2016 as an appointed Langholz received his J.D. from war, Mr. Craig attended OU for special district judge for Creek the University of Iowa College his undergraduate studies and County. He was named Sapulpa of Law in 1956. Shortly after, he received his J.D. from the OU Citizen of the Year in 1992 and was and his wife relocated to Tulsa. College of Law in 1952. He moved involved in many youth-oriented In addition to being a founding to Chandler in 1954 and began his organizations. Memorial contri- member of the firm of Holliman, law practice with fellow attorneys butions may be made to the First Langholz, Runnels and Dorwalt, Bill Vassar and Dale Sutton. Mr. Presbyterian Church of Sapulpa he co-owned various Tulsa-based Craig has held numerous positions Memorial Fund or the national companies with operations around including district judge for Judicial Alzheimer’s Association. the world. Memorial contribu- District 23, Oklahoma state repre- tions may be made to the Robert sentative, district attorney, assis- ohn “Ed” Ivester of Tulsa died and Edna Langholz International tant county attorney and more. JNov. 1. He was born June 2, Nutrition Award, C/O Academy Memorial contributions may be 1933, in Sayre. Mr. Ivester grad- of Nutrition and Dietetics made to the Chandler Volunteer uated from Sayre High School Foundation, 120 South Riverside Fire Department. before attending OU for his under- Plaza, Chicago, IL 60606. graduate degree. He received eighton Dean Hammond of his J.D. from the OCU School of avid Lynn Mandrell of LWetumka died Oct. 28. He Law in 1965 and was an attorney DTulsa died Oct. 30. He was was born Jan. 17, 1942, in Hughes in Beckham County for over 40 born Sept. 5, 1951, in Tulsa. Mr. County. Mr. Hammond graduated years. Mr. Ivester spent two years Mandrell graduated from Will from Pawhuska High School and in Germany as a U.S. Army artil- Rogers High School in 1969 and went on to receive his J.D. from lery soldier. Memorial contribu- from TU in 1974. He received his the TU College of Law. He began tions may be made to Shortgrass J.D. from the TU College of Law his law career in 1969 when he Country Museum, P.O. Box 260, in 1978. During his time as an opened his firm in Weleetka. As Sayre, 73662. attorney, he also wrote articles for

72 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL the Tulsa Tribune about music, one graduating from high school in of his many passions. Memorial 1943. He received his J.D. in 1954 contributions may be made to from the Georgetown University Pawsitively Tulsa c/o Oklahoma Law Center in Washington, D.C. Alliance for Animals at www. He joined the Antitrust Division of animalallianceok.org or 5321 S. the U.S. Department of Justice as a Sheridan, #30, Tulsa, 74145. trial attorney preparatory general and went on to serve as assistant ick R. Moore of San Antonio chief and supervisory senior Rdied Oct. 5. He was born trial attorney until 1965. He then Aug. 28, 1960. Mr. Moore received joined Phillips Petroleum Co. in his J.D. from the OU College of Bartlesville as senior counsel Law in 1985 and spent 17 years where he remained until his working in a firm in Oklahoma retirement in 1985. City before moving to San Antonio to work for philanthropist Linda ames M. Parker of Albuquerque, Pace. His work in Texas focused JNew Mexico, died May 31. He on the establishment of the Linda obtained his bachelor’s degree from Pace Foundation, of which he OSU and received his J.D. from the was president until his death. OU College of Law in 1966. He was Mr. Moore was also part of the recognized as one of the “100 Best planning and establishment of Graduates Over 100 Years” by the the Ruby City Contemporary Art OSU Spears School of Business. Center. Memorial contributions Along with his wife, Mr. Parker may be made to Ruby City, pay- co-founded the University of New able to Pace Exhibitions LLC, P.O. Mexico Parker Center for Family Box 830607, San Antonio, TX 78283. Business. Memorial contributions may be made to the James M. ewis J. Ottaviani of Venice, Parker Memorial Endowment for LFlorida, died Sept. 28. He was the benefit of the Parker Center for born May 24, 1925, in Mansfield, Family Business, c/o Albuquerque Massachusetts. Mr. Ottaviani Community Foundation, 624 Tijeras entered the U.S. Army after Ave NW, Albuquerque, NM 87102.

HOW TO PLACE AN from you. Sections, committees, Submit news items to: ANNOUNCEMENT: and county bar associations The Oklahoma Bar Journal are encouraged to submit short Laura Wolf welcomes short articles or news stories about upcoming or recent Communications Dept. items about OBA members and activities. Honors bestowed by other Oklahoma Bar Association upcoming meetings. If you are an publications (e.g., Super Lawyers, Best 405-416-7017 OBA member and you’ve moved, Lawyers, etc.) will not be accepted as [email protected] become a partner, hired an associate, announcements. (Oklahoma-based taken on a partner, received a publications are the exception.) Articles for the March issue must be promotion or an award, or given Information selected for publication received by Feb. 1. a talk or speech with statewide or is printed at no cost, subject to national stature, we’d like to hear editing and printed as space permits.

THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 73 2020 ISSUES FEBRUARY SEPTEMBER Family Law Bar Convention Editor: Virginia Henson Editor: Carol Manning [email protected] Deadline: Oct. 1, 2019 OCTOBER Mental Health MARCH Editor: C. Scott Jones Constitutional Law [email protected] Editors: C. Scott Jones & Deadline: May 1, 2020 Melissa DeLacerda [email protected] NOVEMBER Deadline: Oct. 1, 2019 Alternative Dispute Resolution APRIL Editor: Aaron Bundy Law Day [email protected] Editor: Carol Manning Deadline: Aug. 1, 2020

MAY DECEMBER Gender in the Law Ethics & Professional Editor: Melissa DeLacerda Responsibility [email protected] Editor: Amanda Grant Deadline: Jan. 1, 2020 [email protected] Deadline: Aug. 1, 2020 AUGUST Children and the Law Editor: Luke Adams [email protected] Deadline: May 1, 2020

If you would like to write an article on these topics, contact the editor. 2020 EDITORIAL CALENDAR 2020 EDITORIAL

74 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL

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78 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE

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THE OKLAHOMA BAR JOURNAL JANUARY 2020 | 79 The Back Page Legal Graces By Travis Pickens

OR THE PAST SEVERAL Fyears I have co-taught a class at the OCU School of Law with my friend Mack Morgan, a litigator in one of our fine large firms. I grade the class project and set up guest speakers. Mack does most of the talking and is one of the rare ones, the ones that only tell the straight truth, every time. It’s fun to watch the first day of class as students slowly realize what they are in for all semester – a lawyer in private practice who will tell them whatever they want to know, and it will be free of legalese, annoying qualifi- ers and loopy academic correctness. These students have the same respect them, even if we were not. The students busily type away cares, but with perhaps more We should share our experiences, on their laptops, usually preparing cause and more acutely. They good and especially bad, and our the journals we require for each worry about the cost of law school expertise with them so that their class. The journals are not graded and burdensome debt. They worry careers may go at least as well, for content. We encourage com- about the glut of lawyers just now and maybe better. plete candor – about the speakers, beginning to recede and whether We should show them some us, whatever we talk about – and there will be good jobs for them grace, and we must share with them once the students come to trust us, now and in the years to come. the most important lesson most they do just that. I have learned They have developed a deep wari- lawyers eventually learn: that the that lawyers have not changed ness of chemical, emotional and practice of law is a profession, but much over the years, there are mental issues and traps, and sig- not the practice of perfection; that just different emphases. nificantly, they are very aware that they will make mistakes and bad The students still want to do the rate of addiction and suicide is choices, sometimes very bad ones, the right things: be honest and higher among lawyers than others. but with the bedrock principles of maintain their integrity. They still All of this has led to my convic- honesty and integrity and a healthy want to help other people, but in tion that established lawyers and perspective, they will live – and a focused way, often through a judges must embrace an import- more importantly, want to live – to nonprofit. They are still willing to ant role with newer lawyers – for practice another day. work hard, but not at the expense their benefit and the profession. of their health, a marriage or Like my colleague Mack Morgan, friendships. They want the good we should openly share our truth Mr. Pickens practices in Oklahoma things America offers, but their without gloss. We must welcome City. views are unprovincial. They are newer lawyers as equals, not often widely traveled and see threats, as professional sisters worthy ways all over the world. and brothers, to presumptively

80 | JANUARY 2020 THE OKLAHOMA BAR JOURNAL TUESDAY, FEBRUARY 5, 2019 1:30 - 4:10 p.m.

Oklahoma Bar Center 1901 N. Lincoln Blvd. Oklahoma City, OK 73106 TRUST ACCOUTING MCLE 3/1 ESSENTIALS

The need to handle funds entrusted to a lawyer by a client or third person with scrupulous care should be self-evident.

Nonetheless, cases continue to arise where practicing lawyers, either inadvertently or intentionally, mishandle trust funds, subjecting clients and third persons to the risk of economic hardship and undermining public confidence in the legal profession.

The purpose of this is course is threefold: (1) to describe the rules for handling trust funds and property; (2) to discuss relatively recent changes to the handling of fees and trust transactions; and (3) to provide practical guidance on how to use both print and electronic tools to produce client and general ledgers and to perform proper three-way reconciliation of trust funds accounts.

TUITION: Stay up-to-date and follow us on $75 before January 29, 2020 $100 after January 29, 2020 $125 walk-ins No Discounts Apply. THIS PROGRAM WILL NOT BE WEBCAST OR RECORDED. to register go to www.okbar.org/cle CLE Online Anytime OVER 900 TITLES TO CHOOSE FROM CLE Online Anytime programs can be viewed at any day or time and can be stopped and resumed at a later day or time.

Beginning with the 2019 compliance year, members may earn all of their required 12 hours of MCLE credit by viewing any In-Person, Webcast, Audio Seminar or CLE Online Anytime program. There is no limitation on the number of CLE Online Anytime program hours for compliance.