ALSO INSIDE: New Judicial Leaders • Taxation Law Section Note Material Changes to Deposition Testimony
Volume 92 — No. 1 — January 2021
Meet Your
Bar AssociationPresident Mike Mordy
contents January 2021 • Vol. 92 • No. 1
THEME: Meet Your Bar Association Editor: Carol Manning
FEATURES PLUS 6 Ardmore Attorney Mike Mordy to Serve 42 Leadership Changes for State's as 2021 President Highest Courts By Lauren Rimmer 44 Material Changes to Deposition 12 OBA Officers and Board of Governors Testimony Through Errata Sheet 20 OBA Departments and Services By T.P. “Lynn” Howell 26 Member Benefits 48 Taxation Law Section Note: 2020 Oklahoma Tax Legislation 31 Stay Connected With Your Association By Sheppard F. Miers Jr. 32 OBA Sections
DEPARTMENTS 4 From the President 50 From the Executive Director 52 Law Practice Tips 56 Ethics & Professional Responsibility
60 Board of Governors Actions PAGE 42 – New Judicial Leaders 62 Oklahoma Bar Foundation News 64 Young Lawyers Division 66 For Your Information 68 Bench and Bar Briefs 70 In Memoriam 74 Editorial Calendar 80 The Back Page
PAGES 44 – Deposition Testimony From The President Kudos to Members for Showing Empathy and Compassion By Mike Mordy
WANT TO THANK SUSAN SHIELDS for her hard he was calling various attorneys around Iwork this past year and for “watching our backs.” Susan, the state he knew just to check on their along with Executive Director John Morris Williams, well-being. This encouraged me to extend showed the relevancy of the OBA this past year, especially the same kindness to a couple of other when she and John made sure that Gov. Stitt included attorneys, which I think surprised all of us. the legal profession as being “critical,” in his Amended I also received unsolicited judicial under- Executive Order entered on March 25, 2020. You will standing and accommodations. I received remember Gov. Stitt issued his original Executive Order a call from a judge’s bailiff in June who told No. 2020-7 on March 24, 2020, declaring a state of emer- me I did not need to make a two-hour trip gency because of the COVID-19 pandemic, and ordered to appear at a hearing on an unopposed effective midnight of that day that all businesses not motion I filed, but rather I could email a identified as critical, as defined by the U.S. Department of proposed order, which the judge would Homeland Security, be closed until April 16, 2020. enter and return a filed-stamped copy. A The U.S. Department of Homeland Security had not law partner of mine received an email on a declared the practice of law as critical. I witnessed the recent Sunday from a judge who told him hard work of the OBA leadership in making sure we were it was not necessary that he appear for a included in the governor’s Executive Order on March 25, hearing on a motion for a default judgment 2020, as “critical,” and therefore exempt from the closing in a foreclosure action where no objection order. None of us needed to be further subjected to financial had been filed. I was allowed to appear upheaval by not being allowed an exemption from closure. virtually in a hearing to appoint a receiver I do not want to belabor the COVID and have been allowed to call a witness issue, however, I would like to com- virtually because she was concerned for mend Oklahoma attorneys and the her health in appearing in a courthouse. judiciary in showing empathy, com- I mention all of this because I want to passion and loyalty to each other this acknowledge that during this pandemic, past year in working through a diffi- we have shown we are loyal to each other cult situation. Myself, and members and are loyal to our profession and asso- of my office, have been the recipient ciation. We have shown compassion and of this understanding, and I hope we understanding towards each other when extended the same courtesy to others. our façade does not have that appearance. It I received a phone call in March, has been said you can judge the character of after the COVID cases began to rap- a person by how he or she treats those who idly increase, from an attorney who is can do nothing for them in return. We often a friend and acquaintance with whom do that for some we periodically help on a I have had cases but had not talked to pro bono basis, but we don’t always show in over a year. I realized during the that towards each other on a regular basis. President Mordy practices conversation he had not called me to I believe we have shown the depth of our in Ardmore. discuss a case or a legal matter, and at character by how we have treated each other [email protected] 580-223-4384 the end of the conversation he told me this past year during the COVID pandemic.
4 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2021 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 92 — No. 1 — January 2021 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 content of their ads, and the OBA reserves JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair the right to edit or reject any advertising copy Editor-in-Chief for any reason. Legal articles carried in THE [email protected] LUKE ADAMS, Clinton 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 LAUREN RIMMER BAR CENTER STAFF Advertising Manager PATRICIA A. FLANAGAN, Yukon John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Jim VIRGINIA D. HENSON, Norman Calloway, Director of Management Assistance C. SCOTT JONES, Oklahoma City Program; Craig D. Combs, Director of Administration; Janet K. Johnson, Director of TONY MORALES, Shawnee Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. ROY TUCKER, Muskogee Manning, Director of Communications; Dawn Shelton, Director of Strategic Communications DAVID E. YOUNGBLOOD, Atoka and Marketing; Richard Stevens, Ethics Counsel; 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, Jennifer Brumage, Melody Claridge, Cheryl Corey, Ben Douglas, MICHAEL C. MORDY, President, Ardmore; Johnny Marie Floyd, Matt Gayle, Suzi CHARLES E. GEISTER III, Vice President, Oklahoma City; JAMES R. Hendrix, Debra Jenkins, Rhonda Langley, HICKS, President-Elect, Tulsa; SUSAN B. SHIELDS, Immediate Jamie Lane, Durrel Lattimore, Edward Past President, Oklahoma City; MICHAEL J. DAVIS, Durant; TIM E. Maguire, Renee Montgomery, Whitney DECLERCK, Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO Mosby, Lauren Rimmer, Tracy Sanders, GARRETT, Tulsa; BENJAMIN R. HILFIGER, Muskogee; ANDREW E. Mark Schneidewent, Kurt Stoner, Krystal HUTTER, Norman; DAVID T. MCKENZIE, Oklahoma City; MILES T. Willis, Laura Willis & Roberta Yarbrough PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; KARA I. SMITH, Oklahoma City; MICHAEL R. VANDERBURG, Ponca City; Oklahoma Bar Association 405-416-7000 RICHARD D. WHITE JR., Tulsa; APRIL J. MOANING, Chairperson, Toll Free 800-522-8065 OBA Young Lawyers Division, Oklahoma City 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 Lawyers Helping Lawyers 800-364-7886 paid at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year. Law students registered with the OBA and Board of Bar Examiners 405-416-7075 senior members may subscribe for $30; all active members included in Oklahoma Bar Foundation 405-416-7070 dues. Single copies: $3
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THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 5 Meet Your Bar Association Ardmore Attorney Mike Mordy to Serve as 2021 President By Lauren Rimmer
T IS CLEAR MIKE MORDY’S FAMILY has shaped him into the person he is today and Iwill continue to refine him in the years to come. Being raised in a close-knit family, Mike grew up with his younger brother in Ardmore. Although Mike remembers Ardmore as a great place to grow up, he swore he would never return once he left for college. However, today Mike is a successful and well-liked attorney and family man around the town.
YOUNG MIKE While out of school for the school. I remember first going Michael “Mike” Mordy was summer, Mike would go water to federal court in Muskogee as born in Tulsa. “My parents moved skiing on Lake Murray with his a practicing attorney, and the to Anchorage, Alaska, when I was friends, and he kept busy working same gentleman who was the 1 year old, where my father was various jobs. “I always had sum- court reporter when I was with stationed in the U.S. Air Force. mer jobs – I started working when my father was still the court When I was five, my parents I was 14 years old. I washed dishes reporter, probably 20 years later! moved to Ardmore, where my at the local Holiday Inn, I mowed mother’s parents lived,” he said. He yards, I worked in the oil field, I Not only was Mike’s father an continued growing up in Ardmore, worked in a manufacturing plant attorney, but so were his maternal where he went to grade school, in Marietta, where they made grandfathers. “My mother’s father, junior high and high school. pants and I had a firework stand Charles Champion, was an attor- with a friend,” he said. ney in Ardmore, and his father, my mother’s grandfather, Thomas A FAMILY LEGACY Champion, was also an attorney Although Mike didn’t always in Ardmore, where he practiced want to become an attorney, he law with his twin brother and grew up around the profession. was later a judge,” he said. Mike’s father, Burke Mordy, was an attorney in Ardmore. BOOMER SOONER Growing up, Mike enjoyed I remember going with my father going to Norman to watch Sooner out of town to court on occa- football games. When the time sion as a child, and I am sure came for him to choose a college, that is what always piqued my OU was the logical choice. interest in going to law school. I While working towards a went with my father and spent degree in petroleum land man- a couple of days with him at agement, Mike was active in his trial in Muskogee, in federal fraternity, Beta Theta Pi. He served court, when I was probably in as rush chairman and social chair- Mike at age 2 junior high school or early high man. He also met his wife, Christy,
6 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Mike and Christy (far right) at an OU sorority party in 1975 during one of Beta Theta Pi’s TO LAW SCHOOL parties. “My father was also a Beta AND BEYOND and was there one night at a party After returning from Europe, we were having. He claims to have Mike packed up and moved to introduced me to Christy,” he said. Oklahoma City to attend the OCU The summer after graduating School of Law. “I thought I wanted from OU, Mike was ready for to go into the oil business when an adventure. He used what he I was in college, but between my learned from Arthur Frommer’s junior and senior years of college, book Europe on $10 a Day and James I interned for an oil company Micherner’s book The Drifters, to and decided I wanted to go to travel overseas with his friends. law school and become an attor- “You could buy a Eurail pass for ney. When I was in law school, I $500 and ride the train across decided I wanted to be a trial attor- Europe all summer. Memorable ney and try jury cases,” he said. stops in Europe included watching While in law school, Mike Stan Smith and Billie Jean King worked for the Oklahoma County play tennis at Wimbledon, the San District Attorney’s Office. He Fermin Festival in Pampalona, continued to work there after Spain, for the running of the bulls graduating to gain trial experi- and dancing in Corfu, Greece.” ence – even trying 16 jury cases With a friend in Pampolona, Spain, for his first year. After working at the the running of the bulls in 1977 district attorney’s office for about
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 7 a year, he was ready for a new in having handled and tried taken this advice to heart and has experience. He went to work at an cases in courts around the state, tried to find a work-life balance. oil and gas law firm and practiced including federal courts, up While his children were growing at the Oklahoma Corporation until about 10 years ago, when I up, he participated as much as he Commission, preparing oil and started easing out of trial work. could in their activities. “I coached gas title opinions and handling my son’s soccer team and attended various oil and gas issues. Currently, Mike practices my daughter’s dance recitals when Mike returned to his hometown primarily in commercial and they were little, and when they with Christy and his two children, banking litigation, oil and gas law (continued on page 10) Nataly and Chase, after practicing and ad valorem tax litigation with law in Oklahoma City. the Ardmore law firm of Mordy, Mordy, Pfrehm & Wilson PC. I moved back to Ardmore and went to work with my father A FAMILY MAN and another gentleman. I Mike’s family is an important handled and tried miscella- aspect of his life. “Someone once neous civil cases and some told me, ‘You can’t be a good attor- criminal cases and evolved ney, a good parent and husband into my current area of practice and a good golfer all at the same handling bank and commer- time,’ so I conceded golf, which is cial litigation and oil and gas my excuse for being a poor golfer.” Mike and his father at the Rose Bowl matters. I have been fortunate Throughout his career, Mike has game in 1996
The Mordys at the beach in 1996
8 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Top left: Wedding dress shopping with Nataly and Christy
Bottom left: Mike and Christy at the Hemingway Bar at the Ritz Hotel in Paris in 2018. “It was the best bar ever, but I could afford only one cocktail!”
Top right: With daughter, Nataly, skiing in 2019
Right: From left Chase, Jill, Mike, granddaughter Liv and Christy
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 9 got older, we took them to tennis marathons and met some fun lessons and attended their tennis and interesting people along matches.” The Mordys took lots of the way. At the White Rock trips to Colorado to ski in the win- Marathon in Dallas, I ran up ter and to the beach and summer alongside two men holding camps during the summer. hands and singing songs with His daughter, Nataly, now lives smiles on their faces. One man in Denver and works for Charles was blind, and the other was Schwab Corporation’s corporate his friend leading him along … office in management. Chase, Mike’s they always come to mind when son, works as a construction man- I think of true friendship! ager in Santa Monica, California, where he lives with his wife and Although it’s been almost a 3-year-old daughter, LivAnn, decade since Mike laced up his who lovingly calls Mike “Pops.” sneakers to run another 26.2-mile Although Nataly and Chase no race, he still believes a great year- longer live in Oklahoma, Mike and end finale is to run a marathon. Christy still visit them regularly. He also enjoys traveling with Christy. Last summer, the two vis- BIG FUN ited Paris, France. Before COVID-19, When he’s not working or they would also make trips to see spending time with his family, their children and granddaughter Mike enjoys working out, playing about every month and a half. golf and “jogging,” previously During these trips, the Mordys like Mordy, Mordy, Pfrehm & Wilson PC’s referred to as “running.” He used to take in all of the events, includ- 2019 Christmas outing to run a marathon every year. ing local baseball games. “We PLANS FOR THE OBA were in downtown Denver visiting As he steps into his role as The Los Angeles Marathon was my daughter one Sunday. When president, Mike is focused on one of my favorites because I church was over, we just walked improving OBA communications. ran it with my son, Chase. I had over to the Rockies’ baseball sta- “I would like to figure out how to some great and funny experi- dium, drank beer, ate hotdogs and better communicate benefits and ences while running in other had big fun,” he said. services from the bar association to attorneys.” Mike recognizes there are a lot of programs and cost-saving measures available to OBA members that many do not know about. He also believes the association’s communica- tions might be more streamlined. “Things are changing in how peo- ple communicate. Rather than just blasting off emails, I’d like to try to find a better way to communicate to members of the OBA.” 2021 is sure to be a successful year under Mike’s capable leadership.
Ms. Rimmer is an OBA communications specialist.
Christy congratulating Mike after completing his first marathon in 1995
10 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL PRESIDENTIAL TRIVIA
Best advice you’ve ever received? Be compassionate, kind, humble, gentle and patient
I wish I had invented… The Apple iPhone
Favorite hole-in-the-wall restaurant? Bob’s Pig Shop in Pauls Valley
Strategy for coping with COVID? Don’t dwell on it
Best family tradition? Getting together for Thanksgiving
What’s your New Year’s resolution? Be more organized
What mistake did you learn the most from? Not being sufficiently prepared for a trial
Favorite book/author? The Bible
I collect… Photographs
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 11 Meet Your Bar Association Volunteers Who Guide Your Association
JAMES C. HICKS CHARLES E. GEISTER III President-Elect Vice President Tulsa Oklahoma City
Background: Born in Blackwell, lived in Norman for Background: I was born in Cleveland, Ohio. Raised elementary school years and spent high school years in in Tulsa. Married to my wife and life partner Denton, Texas. Married to Nancy since 1983; twin chil- Gerry for 43 years and counting. We’ve lived in dren: daughter Hannah and her husband Matt live in Edmond for 36 years. Our wonderful daughter Tulsa with our granddaughters, Adrienne and Ellie; son Jamie, son-in-law Trey and grandkids Linley and Stan and his wife Caitlin live in Chicago. Chase live in Tulsa. I have practiced law, civil liti- Education: BBA in finance from OU and J.D. from the TU gation, since 1980, in Oklahoma City. I have been College of Law a partner of Hartzog Conger Cason since 1998. If a movie was made of your life, who would play you? Education: Tulsa Bishop Kelley High School; B.A. Superman or Inspector Clouseau in history from OU, 1977; and J.D. from the OU Best advice you’ve ever received? Take the time to listen, College of Law, 1980 then listen some more and don’t interrupt If a movie was made of your life, who would play I wish I had invented… A drier martini with blue cheese olives you? Tom Hanks Favorite hole-in-the-wall restaurant? Quincy’s Steak & Best advice you’ve ever received? Hire a yard service Spirits in Buena Vista, Colorado, and The Back Porch I wish I had invented… LEGO in Destin, Florida Favorite hole-in-the-wall restaurant? Othello’s in Strategy for coping with COVID? Wear a mask, wash Edmond hands and avoid crowds Strategy for coping with COVID? Don’t be stupid, Best family tradition? Gathering for Thanksgiving and but don’t live in a bunker Christmas dinners in our home Best family tradition? Disney World in December What’s your New Year’s resolution? Eat healthier, lose What’s your New Year’s resolution? Live every day weight and get more exercise like it’s my last What mistake did you learn the most from? Gossiping What mistake did you learn the most from? There Favorite book/author? Since I love to read, it’s hard to name are so many. Not staying in touch with friends a single book or author, but some of my favorites are The Favorite book/author? Wicked by Gregory Maguire Searchers: The Making of an American Legend by Glenn I collect… Cards/mementos from family and friends Frankel, A. Lincoln by Ronald C. White Jr., American Ghost by Hannah Nordhaus and Empty Mansions by Bill Dedman and Paul Clark Newell Jr. I collect… Golf balls from various courses playing around the nation and Ireland 12 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL SUSAN B. SHIELDS MICHAEL R. VANDERBURG Past President Governor - District No. One Oklahoma City Ponca City
Background: I grew up in Bartlesville and then went Background: I was raised in Arkansas, married a to college and law school in California. After law lady from Oklahoma, and she brought me here. Six school, I worked for a large San Francisco firm for years in private practice, 39 years of service to local several years before moving back to Oklahoma City governments in 1991. I have two wonderful sons, Sam and Ethan. Education: Bachelor’s in political science and J.D. both Education: Stanford University, 1986 and UCLA School from the University of Arkansas of Law, 1989 If a movie was made of your life, who would play Best advice you’ve ever received? This advice was not you? James Spader, but with hair directed to me personally, but my favorite advice Best advice you’ve ever received? Think about a is from Dr. Maya Angelou to, “Do the best you client’s problems carefully. You may be able to give can until you know better. Then when you know them what they need, even if they cannot describe it better, do better.” verbally and accurately. I wish I had invented… Zoom/BlueJeans/WebEx – all I wish I had invented… A completely transparent have come in very handy the last 10 months! submarine Favorite hole-in-the-wall restaurant? Tesuque Village Favorite hole-in-the-wall restaurant? China Restaurant Market, Tesuque, New Mexico in Tonkawa Strategy for coping with COVID? Lots of Netflix and Strategy for coping with COVID? Wear a mask when hanging out with my dogs you go out, keep a distance and pray for a vaccine to Best family tradition? My sons and I like to travel and be actually delivered and used try to take at least one big trip together each year. Best family tradition? Keeping the grandchildren We are hoping to make up for lost time in 2021! while the children and their spouses have a date What’s your New Year’s resolution? To write more night or two letters to friends and family What’s your New Year’s resolution? As a retiree, learn What mistake did you learn the most from? Even if to be a better gardener there are only 4 seconds left, the game may not be What mistake did you learn the most from? Revenge over (e.g., the 1982 Stanford-Cal football game) can seem satisfying in theory, but in reality, that Favorite book/author? Tiny Beautiful Things by Cheryl kind of anger will hurt yourself just as much. Every Strayed person deserves respect at all times – no matter who I collect… Books and sunsets your opponent may be or what tactics they may use in any conflict. Anger and retaliation only hurts yourself. Favorite book/author? Isaac Asimov’s Foundation Trilogy or Robert Heinlein’s Stranger in a Strange Land I collect… Various things at different stages of my life. My coin collection helped pay for law school. Woodworking tools and equipment made toys and decorative items for the kids and the house, etc.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 13 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, small town of Cleora on Grand Lake. My family the third and youngest child of M.Sgt. Troy T. moved to Durant while I was in high school, and I McKenzie and Laverne (Johnston) McKenzie. remained in Durant to attend Southeastern Oklahoma My father served our country for over 22 years State University. After law school at OU, I came back and was a veteran of WWII, the Korean War and to Southeastern to work for my alma mater, where I Vietnam War. In addition to Ft. Lewis, I also lived at have remained for almost 11 years. Currently, I am Ft. Huachuca, Arizona, and Ft. Shafter, Hawaii. After an assistant professor of criminal justice and special my father’s retirement from the U.S. Army, my fam- assistant to the president for compliance. ily came to Oklahoma, which was the home state Education: B.A. from Southeastern Oklahoma State for both my mom and dad. I am proud to say I am a University, 2007; J.D. from the OU College of Law, 1978 graduate of Granite High School. I have three 2010; M.S. from OU, 2018; and Ph.D. candidate at wonderful boys and the greatest life-partner ever in University of the Cumberlands, Kentucky Pamela M. Snider. If a movie was made of your life, who would play Education: B.A. from Southwestern Oklahoma State you? Michael Douglas as a cranky professor University, 1982; M.S. from Northeastern State Best advice you’ve ever received? Buy experiences, University, 1984; M.A. from NSU, 1985; and J.D. not things from the OU College of Law, 1988 I wish I had invented… A way to stop glasses from If a movie was made of your life, who would play fogging while wearing a mask you? Michael Douglas Favorite hole-in-the-wall restaurant? Clanton’s Café Best advice you’ve ever received? My dad always told in Vinita – a classic me to never ask somebody to do something that Strategy for coping with COVID? Getting in touch you’re not willing to do! with my inner introvert Favorite hole-in-the-wall restaurant? Cock O’ the Best family tradition? Watching football on Thanksgiving Walk in Oklahoma City What’s your New Year’s resolution? To compete in Strategy for coping with COVID? Simple, if I make some 5K runs this year sure I don’t make anyone else sick by my actions, What mistake did you learn the most from? I almost I’ll keep myself healthy. missed my evidence finals in law school because Best family tradition? Staying in constant contact is I didn’t keep a calendar. Today, I am meticulous my best tradition. My family is close, and we speak about writing down everything! almost daily. Favorite book/author? I really enjoy anything written What’s your New Year’s resolution? To relax more by Erick Larson and Bill Bryson. What mistake did you learn the most from? I’ve I collect… Historical postcards learned there are 77 counties in Oklahoma, and if you do not know the court rules for each county you are practicing in, you will have trouble. Favorite book/author? Fear and Loathing in Las Vegas by Hunter S. Thompson I collect… Sports memorabilia
14 | JANUARY 2021 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 Background: I was born in Illinois and raised in bar in 1983 and started practicing law at Mitchell Broken Arrow. I moved to Norman to attend OU DeClerck in Enid with my father, Edward A. in 1998 and still reside there today. I met my wife DeClerck. I continue to practice at the same firm Alissa in law school, and we have three children. today – a general practice with an emphasis on life Education: BBA, OU, 2001; J.D., OCU School of Law, 2005 and estate planning, the creation of wills, trusts and If a movie was made of your life, who would play durable powers of attorney and the administration you? Probably David Schwimmer (Ross from of trusts and estates. I was an active board member the TV show, Friends). I’m told there is a strong of the OBA Young Lawyers Division in my younger resemblance. years and now am a member of the OBA Estate Best advice you’ve ever received? Treat others how Planning, Probate and Trust Section and Oklahoma you want to be treated Association of Justice. I’m also a member of the I wish I had invented… The internet, move over Al Gore Garfield County Bar Association and have served Favorite hole-in-the-wall restaurant? Kendall’s in as its president. I’ve been a long-time member of the Noble, it has the best chicken fried steak in the state Tri-State Music Festival Inc. Board of Directors, active Strategy for coping with COVID? Adapt and overcome member of the American Business Club (AMBUCS) Best family tradition? I really enjoy Thanksgiving. serving on its Board of Directors and board member I know it is not specifically my family tradition, of the Enid YMCA. I have three children, Ashley, but the gathering of all my family over a nice meal Justin and Esther, and numerous grandchildren. without the distraction of gifts (sorry Christmas) is Education: B.A. from OU in 1980 and a J.D. from the really enjoyable for me. OU College of Law in 1983 What’s your New Year’s resolution? To value every If a movie was made of your life, who would play you? day. I have a bad habit of wishing for that next day Daniel Craig to get here, whether it is the weekend, an event, a Best advice you’ve ever received? Never ever give up vacation or whatever else. You can miss a lot living (from my dad) that way. I wish I had invented… Wireless technology What mistake did you learn the most from? In my Favorite hole-in-the-wall restaurant? The Flamingo opinion, all of life’s most impactful lessons come Lounge in Enid from mistakes. Let’s just say I have learned a lot, Strategy for coping with COVID? Masks, social dis- so it is hard to point to just one. tance, stay out of restaurants and gyms, be smart! Favorite book/author? I really enjoyed all the Killing Best family tradition? Cutting mistletoe from trees for series by Bill O’Reilly and Martin Dugard. I like to the Christmas season and making spicy pecans! read about history, and they find a way to write it What’s your New Year’s resolution? Every day is a where it won’t put you to sleep. gift. Don’t waste it. I collect… I’m not much of a collector. What mistake did you learn the most from? Not listening to God Favorite book/author? Where the Red Fern Grows by Wilson Rawls I collect… Bicycle memorabilia
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 15 RICHARD D. WHITE JR. BENJAMIN R. HILFIGER Governor - District No. Six Governor - District No. Seven Tulsa Muskogee
Background: I was born and raised in Long Beach, Background: I was born in Muskogee, where I graduated California, before moving to Tulsa in January 1979 from high school. I met my wife Amber at a singles to attend the TU College of Law. After graduating dinner on Valentine’s Day in Austin, Texas. Three from law school, I maintained a private practice months later we were engaged. We have three kids for 21 years before joining the law firm of Barber & and a dog. We spend most of our free time at our Bartz, where I have practiced as a shareholder since family cabin on the Baron Fork River. I work in January 2002. I met my wife in the Amazon rainfor- private practice with my father, Roger Hilfiger, and est and have been married for almost 30 years. We Jay Cook. I practice in criminal and family law. I have five children. I currently serve as a chair of the am also a certified mediator. Tulsa City-County Library Commission and have Education: J.D. from Loyola University New Orleans held numerous positions with the Tulsa County College of Law; M.S. in energy legal studies from OCU Bar Association. I am currently the Professionalism and BI.S. in multi-disciplinary studies, commerce Committee chair. theory with a minor in communications from OU Education: B.S. from California State University at If a movie was made of your life, who would play Long Beach in 1977 and a J.D. from the TU College you? Chris Pratt of Law in 1980 Best advice you’ve ever received? Become the most If a movie was made of your life, who would play positive and enthusiastic person you know you? Harrison Ford I wish I had invented… A way to record my dreams Best advice you’ve ever received? Marry that girl Favorite hole-in-the-wall restaurant? Chet’s Dairy I wish I had invented… The iPhone Freeze on the west side of Muskogee Favorite hole-in-the-wall restaurant? Joe Jost’s in Long Strategy for coping with COVID? Get my family Beach, California. Well known for its pickled eggs out of the house on the weekends to state parks Strategy for coping with COVID? I still go to work or our cabin every day and follow the ever-changing rules and Best family tradition? Watching my dad’s homemade recommendations of our politicians and medical movies on Christmas Eve professionals. What’s your New Year’s resolution? Take a vacation Best family tradition? Even though the tradition is What mistake did you learn the most from? Self- only a year old, I hope it will last – gathering with reliance is far more effective than relying on others my children and their families on the coast of the Favorite book/author? Pillars of the Earth, Fall of Giants Florida panhandle every June. and Winter of the World by Ken Follett What’s your New Year’s resolution? Think before I collect… Calories speaking, emailing or texting What mistake did you learn the most from? I called a witness in a case that I had not previously inter- viewed and got more than I bargained for. Favorite book/author? I enjoy David McCollough biographies, including the ones on John Adams and Harry Truman. I collect… Books, mainly nonfiction, history and biographies
16 | JANUARY 2021 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 and 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 If a movie was made of your life, who would play attorney in private practice with Rob Neal. The bulk you? Tom Cruise. In law school while attending of my practice is family law and criminal defense, and a Halloween party, I arrived in a leather bomber my wife works as a special education teacher in Davis. jacket and simply put on my Ray-Ban sunglasses as Education: I graduated from OU with a B.A. in sociology- I had no costume. I told everyone I was Top Gun. criminology in 2007 and received my J.D. from the My class voted me the worst costume. I still have OU College of Law in 2010. the plaque. If a movie was made of your life, who would play Best advice you’ve ever received? Secure your attor- you? Jonah Hill ney fees up front. Clients will always promise to Best advice you’ve ever received? When you are feeling pay, like Popeye’s friend, Whimpy: “I will gladly stressed about a problem, ask yourself will it matter pay you Wednesday for a hamburger today.” in one week? One month? One year? Ten years? I wish I had invented… Post-it Notes I wish I had invented… A food delivery app Favorite hole-in-the-wall restaurant? Leo’s BBQ in Favorite hole-in-the-wall restaurant? Pepe Delgados Oklahoma City in Norman Strategy for coping with COVID? I failed. I came Strategy for coping with COVID? Reminding myself down with it on Thanksgiving. that I am fortunate to work in a profession that is Best family tradition? Labor Day Weekend at Texhoma able to continue working during this unusual time with my extended family Best family tradition? Watching Die Hard on Christmas What’s your New Year’s resolution? Spend more time Eve with my wife with family. COVID has affected my family like What’s your New Year’s resolution? To take time to nothing else in my lifetime. While life will never enjoy the important things in life quite be the same, it has made me even closer to What mistake did you learn the most from? It is my three sisters and cousins. I have had four close worth the extra time it takes to memorialize all family members hospitalized from COVID and lost of your communications with clients an uncle in a nursing home. Favorite book/author? The Brothers Karamazov by What mistake did you learn the most from? Fyodor Dostoevsky Leaving Oklahoma. I practiced nearly 20 years in I collect… Old vehicles to restore California and have now practiced nearly 12 years in Oklahoma. The degree of civility is unparalleled here in Oklahoma. Should my car break down on the side of the road, five people will stop to assist. In California, I might be stuck on the side of the road for an hour. Favorite book/author? John Grisham. All attorneys can use his writing style to improve their simplicity. I collect… I try not to collect things. It is a challenge, but I keep trying.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 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 the generation attorney. I live in Oklahoma City with 7th grade. Then I went to high school in Savanna my wife Andrea and son Fischer. I played basket- (south of McAlester), where I graduated. I have lived ball and ran track in high school and continue to in Tulsa for the last 20 years. be a big basketball fan – particularly the Thunder Education: I graduated from Southeastern Oklahoma and Jayhawks. After graduating from law school, I State University (alma mater of Reba McEntire and moved back to Oklahoma City to practice with the North Korean Ambassador Dennis Rodman) in firm my parents founded. Currently, I am SVP/ 2000 with dual bachelor’s degrees in economics and general counsel for The Bankers Bank. political science. I received my J.D. in 2003 from the Education: I graduated from Heritage Hall High TU College of Law and a mini-MBA at TU in 2007. School in Oklahoma City. I earned my bachelor’s If a movie was made of your life, who would play degree from the University of Kansas, double you? Amy Schumer or Kate Hudson majoring in political science and history. I earned Best advice you’ve ever received? Say yes to new my J.D. from the University of Missouri – Kansas opportunities City, where I was an emissary and member of the I wish I had invented… Time travel National Moot Court Team. Favorite hole-in-the-wall restaurant? Isle of Capri in If a movie was made of your life, who would play Krebs you? Ed Helms Strategy for coping with COVID? Golf and my dogs Best advice you’ve ever received? Never let them see (Who am I kidding? It really is wine and Netflix you sweat with Alex.) I wish I had invented… Zoom Best family tradition? Thanksgiving at my grand- Favorite hole-in-the-wall restaurant? Café Kacao in mother’s house in McAlester. We have a great meal Oklahoma City and then spend rest of afternoon in the backyard Strategy for coping with COVID? Family, meditation target shooting. and Zoom happy hours with friends What’s your New Year’s resolution? Read for pleasure Best family tradition? Vacations to Litchfield, South more Carolina What mistake did you learn the most from? All of them What’s your New Year’s resolution? Eat healthier Favorite book/author? The Alchemist by Paulo Coelho What mistake did you learn the most from? One I collect… Books mistake that comes to mind is underpreparing for a moot court argument in law school. Typically, I am pretty good on my feet and able to handle active panels. Unfortunately, I drew a cold panel that asked almost no questions. I learned that I have to be prepared for every outcome, and then roll with the punches as they come. Favorite book/author? Mike Duncan I collect… Dad jokes
18 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL KARA I. SMITH APRIL MOANING Governor - At Large Governor - YLD Chair Oklahoma City Oklahoma City
Background: I was born in Oklahoma City but moved Background: I was born and raised in Oklahoma to Newalla at an early age and attended and grad- City and attended high school at Classen School of uated from McLoud Public Schools. Following a Advanced Studies. While in high school, I partici- brief stint in private practice, I continued my legal pated in Youth & Government and participated in career as a public servant, as general counsel to my first mock trial competition. It was during the the Oklahoma Office of Personnel Management competition that I quickly fell in love with the idea of up until my current position in Attorney General a career in the legal field. After law school, I moved Mike Hunter’s office as chief assistant attorney back to Oklahoma City and opened my solo practice. general and chief of the Civil Rights Unit. I am also Education: B.A. in economics from OSU in 2010 and an adjunct professor of law at the OCU School of J.D. from the TU College of Law in 2013 Law. I have two grown children, Marcel (grandkids: If a movie was made of your life, who would play Jordan and Allayna) and Kameron (who is a sopho- you? Issa Rae more at OSU) and two fur babies, Mojo and Travis. Best advice you’ve ever received? Persistence over- Education: I received my B.A. in political science with comes resistance a minor in legal studies (Price College of Business) I wish I had invented… The Hyperloop from OU in 1999 and my J.D. from the OCU School Favorite hole-in-the-wall restaurant? The Mule in of Law in 2002. Oklahoma City’s Plaza District If a movie was made of your life, who would play Strategy for coping with COVID? I am an extrovert you? Angela Bassett and enjoy in-person interaction. It has been difficult Best advice you’ve ever received? You should put your limiting social gatherings. To cope with COVID and best into your work so that if it ever appears on the the new restrictions, I have started experimenting front page of a newspaper you would be okay with with DIY projects and developing new hobbies. what you read. Best family tradition? Movie night is a tradition in my I wish I had invented… While this is not an invention, family. It is most enjoyable when we take a family it sure seems like it should be – Amazon trip to the movie theater after a holiday or birthday Favorite hole-in-the-wall restaurant? Hobnobber Café dinner. It is the perfect opportunity for everyone to in New Orleans decompress. I cannot wait to resume our tradition Strategy for coping with COVID? Projects around the in the near future! house and then enjoying them What’s your New Year’s resolution? Simple in theory Best family tradition? Gathering for each person’s but often quite difficult in practice. I simply want to birthday work on enjoying each and every moment. What’s your New Year’s resolution? Be my best self What mistake did you learn the most from? Early and vacation if safe to travel in 2021 in my career I missed out on great opportunities What mistake did you learn the most from? because I was afraid to negotiate terms. I was Procrastination always great at advocating for my clients or those Favorite book/author? A Promised Land by Barack Obama who were in need of help, but I did not display the I collect… Shoes and greeting cards same zealous advocacy when it came to myself. I have since learned that you will never receive what you want (or need) if you do not ask. Favorite book/author? Ralph Ellison I collect… Wax seal stamps
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 19 Meet Your Bar Association OBA Departments 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 2021 THE OKLAHOMA BAR JOURNAL Director Dawn Director Carol Lauren Rimmer Shelton Manning COMMUNICATIONS AND STRATEGIC COMMUNICATIONS & MARKETING (Back row) Director Craig Combs, Durrel Lattimore; (front DEPARTMENTS row) Roberta Yarbrough, Debra Jenkins, Tracy Sanders The departments have responsibility for member and Suzi Hendrix communications and public relations, including: ADMINISTRATION AND Publishing the Oklahoma Bar Journal, including MEMBERSHIP DEPARTMENTS working with the Board of Editors, editing and Administration Department Phone: 405-416-7000 proofreading articles, managing advertisements, Membership Department Phone: 405-416-7080 graphic design support, as well as copywriting Membership Department Email: [email protected] and editing information for news stories and the FYI and Bench & Bar Briefs sections The responsibilities of the Administration and Publishing the electronic Courts & More and Membership departments are multifaceted, including: eNews newsletters Maintaining and updating the member roster Managing and monitoring social media Invoicing for senior and nonmember Oklahoma Issuing news releases and expediting informa- Bar Journal subscriptions tion requests from the news media Processing requests for certificates of good standing Updating and maintaining website information Assisting committees and sections with for www.okbar.org and other OBA websites member communications Publicizing the Annual Meeting including Maintaining reports for all committees and sections designing the Annual Meeting logo and web- Scheduling meetings, both at the bar center site and creating content for special programs and via video or phone conference like in memoriam and awards announcements Planning and coordinating the Annual Meeting Working with sections to publish short articles Managing the Legal Intern Program related to sections’ focus Finances and human resources Working with the Law Day Committee to con- Maintaining bar center facilities duct 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 2021 | 21 Assisting the Communications Committee in Producing MYOBACLE print and digital catalog its projects, including publication and promo- of programs tion of 15 legal-topic brochures Providing online CLE registration and access Assisting additional entities, including Awards to materials through MyOKBar and timely and Diversity committees and the Young application of attendance MCLE credit for Lawyers Division OBA/CLE programs Sharing information with members regarding COVID-19 including, court closures and execu- OFFICE OF THE ETHICS COUNSEL tive orders Phone: 405-416-7055 Publicizing programs for the OBA CLE Email: [email protected] Department and communicating information for MCLE The Office of the Ethics Communicating with OBA members about Counsel was created members services, programs and events to assist members with Surveying OBA members to gauge their com- conflict dilemmas, confi- munication needs dentiality questions, com- munication concerns and CONTINUING LEGAL EDUCATION DEPARTMENT other ethical inquiries Phone: 405-416-7029 unique to the profession. Email: [email protected] Through the Office of the Ethics Counsel, mem- The CLE Department is the state’s leading continuing bers can obtain informal legal education provider. The staff works to provide rele- guidance and advisory vant programs to meet members’ needs. To suggest pro- interpretations of the grams, contact Director of Educational Programs Janet Ethics Counsel Richard Stevens Rules of Professional Johnson at 405-416-7028. Department services include: Conduct. The Office of Developing and producing in-person seminars the Ethics Counsel is autonomous from and indepen- and live webcasts as well as online, on-demand dent of the Office of the General Counsel. Members programs and audio seminars seeking assistance with ethical questions are afforded Offering recent seminar materials in print or an attorney-client relationship with the full expectation electronic format of confidentiality. Responsibilities include: Coordinating seminars and conferences with Answering ethics questions from members sections and committees for cosponsored events Researching and writing ethics materials for the and admin- website, seminars and the Oklahoma Bar Journal, istrative as well as presenting OBA/CLE programs on and webcast the topics of ethics and professionalism services for Acting as a liaison to the Bench and Bar, noncospon- Professionalism and Lawyers Helping Lawyers sored events Assistance Program committees and the Legal Planning and Ethics Advisory Panel coordinat- Monitoring the Diversion Program and teaching ing the OBA related classes Leadership Gary Berger Melody Claridge Academy OFFICE OF THE GENERAL COUNSEL Phone: 405-416-7007
The Office of the General Counsel is charged with the responsibility of: Reviewing and investigating allegations of lawyer misconduct or incapacity Reviewing and investigating allegations of the unauthorized practice of law Prosecuting violations of the Oklahoma Rules Director Janet Renee Montgomery Mark Schneidewent of Professional Conduct Johnson
22 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Administering the Clients’ Security Fund Reviewing and investigating petitions for reinstatement
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 Attorneys (seated) Katherine Ogden, General Counsel are mostly of an internal nature; however, services Gina Hendryx, Loraine Dillinder Farabow; (back row) directly benefiting members include: Peter Haddock, Steve Sullins and Tracy Nester Maintaining MyOKBar member services and 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
Investigators Jamie Lane, Krystal Willis, Les Arnold and Rhonda Langley
Support Staff Whitney Mosby, Ben Jen Brumage Douglas and Melody Florence Cheryl Corey, Matt Gayle and Director Robbin Watson
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 23 MANDATORY CONTINUING LEGAL EDUCATION DEPARTMENT Phone: 405-416-7009 Email: [email protected]
Mandatory Continuing Legal Education, a program adopted by the Oklahoma Supreme Court in 1986, establishes minimum requirements for continuing legal education for Oklahoma lawyers. The program Nickie Day Director Jim Julie Bays is administered by the Mandatory Continuing Legal Calloway Education Commission that has general supervisory authority over the rules and may adopt regulations MANAGEMENT ASSISTANCE PROGRAM consistent with the rules. Phone: 405-416-7008 Often confused with the CLE Department, the Toll-free: 800-522-8065 MCLE Department does not present CLE seminars. It is the regulatory office and services include: The Management Assistance Program helps members with Reviewing more than 14,000 seminars for the business side of practice. Department duties include: accreditation Providing free, over-the-phone information Maintaining a record of the Oklahoma- about management and technology issues, free approved seminars attended by members 45-minute consultations at the bar center for Processing annual reports of compliance those setting up a new practice or who have an Responding to requests for clarification of the issue not comfortably handled over the tele- Rules of the Oklahoma Supreme Court for phone and onsite law office “Health Checks” Mandatory Continuing Legal Education Maintaining the Lending Library, making law practice management and technology books available to borrow Updating the Practice Management Advice MyOKBar Community with law practice management and technology posts Writing Law Practice Tips Blog at www. lawpracticetipsblog.com and “Law Practice Tips” Oklahoma Bar Journal column featuring regular tips and advice Presenting OBA/CLE and assisting with Diversion Program presentations and making presentations to local bars or other organized lawyer groups Producing the “Opening Your Law Practice” program, a free one-day program to assist attorneys setting up new solo practices Working with the Solo & Small Firm Conference Planning and Access to Justice committees and the Law Office Management and Technology Section on various projects and events Administrator Beverly Petry Lewis, Laura Brown and Johnny Floyd
Don’t know whom to contact? If you need more information about which employees in a department to contact, call the bar center at 405-416-7000 or check the staff list at www.okbar.org/ staff. There you will find a list of staff members, a summary of their responsibilities and contact information.
24 | JANUARY 2021 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 transcript of CLE credits and review Ethics counsel – The ethics counsel OKBAR.org – Get news, updates a list of all upcoming approved is available to assist members with on special projects, information on programs. If you have not already, ethical questions and inquiries on upcoming CLE and more at www. you will need to create an account subjects such as conflicts, con- okbar.org. on this website. fidentiality and client concerns. All contact with ethics counsel is MyOKBar – Update your roster Oklahoma Find A Lawyer – The confidential per Oklahoma law. information and access Fastcase, public can find lawyers by practice The ethics counsel also presents HeinOnline, the OBA member and geographical area through the CLE programs on ethics and directory, plus get quick links to OBA-maintained website www. professionalism. Call 405-416-7055 your committees and sections. Log oklahomafindalawyer.com. To be or email [email protected]. in with the “MyOKBar Login” link included in the free public direc- Find ethics tips and more infor- at the top of www.okbar.org. tory, click the “Find A Lawyer Sign mation online at www.okbar.org/ec. Up” link on your MyOKBar page. MyOKBar Communities – Counseling services – The MyOKBar Communities serves PROFESSIONALISM SERVICES OBA offers all bar members up as the main communication tool OBA CLE – to six hours of free counseling. for committees and sections The CLE Need help with stress, burnout, and automatically links with Department offers hundreds of depression or addiction? Call your MyOKBar account, so your in-person seminars, webcasts the Lawyers Helping Lawyers information is synced. Access and audio programs, as well as Assistance Program toll-free at it through the “MYOKBAR webcast encores and on-demand 800-364-7886. It’s strictly confiden- Communities (Sections and programs available 24 hours a tial and available 24 hours a day. Committees)” link on your day. Members can also schedule Plus, members can take advantage MyOKBar page. group webcasts that allow five or of free monthly lawyer discus- OKMCLE – more members to view a webcast sion groups in Oklahoma City. On the together at their home or office. See program MCLE Department website, To schedule a group viewing, details and www.okmcle.org (or with the link call 405-416-7029. See all available group discus- on your MyOKBar page), members programs at www.okbar.org/cle. sion topics at can check MCLE requirements, Please contact us at 405-416-7029 www.okbar. get program approval applications regarding in-person seminars, org/LHL. and other forms, as well as get as many have been temporarily answers to frequently asked ques- suspended. tions. Members can also view their
26 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL OBA sections – Get professional Tulsa. Find additional resources offer leadership, volunteer, career development tailored to your prac- and information on upcoming development and statewide net- tice area and make new contacts seminars at www.okbar.org/OYLP. working opportunities. Members across the state in one of the 28 sub- may volunteer to serve on a com- Practice management/technology stantive law sections. Benefits vary mittee online at any time during the hotline and consultations – Call by section, with many offering free year at www.okbar.org/committees. 405-416-7008 to connect with OBA or discounted CLE to section mem- You can also find a list of projects staff who can provide brief answers bers. Find a list of sections, their on the Outreach & Public Service about practical management and annual dues and a membership Programs page at www.okbar.org/ technology issues, such as law registration form on page 32 outreach. office software, understanding or at www.okbar.org/sections. computer jargon, staff and person- Annual Meeting – Attend CLE Speakers for county bar associ- nel problems, software training programs and participate in section ations and civic groups – OBA opportunities, time management and committee meetings, plus take officers, Board of Governors and trust account management. advantage of networking oppor- members and staff are avail- Free, 45-minute consultations at tunities with attorneys and judges able to speak at luncheons and the bar center are also available for from across the state at the OBA banquets on a variety of topics, those setting up a new practice or Annual Meeting. You can also have including legislative issues, eth- who have an issue not comfortably a voice in bar business and electing ics, law office management and handled over the telephone. future state bar leaders. law practice tips. Call 405-416-7000 Lending Solo & Small Firm Conference – or 800-522-8065 to schedule. Library and The Solo & Small Firm Conference Office “health check” consulta- discount book provides CLE programs, statewide tions – Consultations in the lawyer’s purchasing – networking and small firm-friendly office can cover a wide range of Law practice management books vendors, all in a relaxed, family office management issues like and videos are available to borrow. setting. The 2021 Solo & Small Firm technology, procedures or other There is no fee for checking out Conference will be June 10-12 at the areas and typically involve group materials, but there is a $5 charge Choctaw Casino Resort in Durant. and individual interviews with to mail the materials. See the Young Lawyers Division – The staff and lawyers with the goal of complete list of materials at www. YLD is a professional service outlining a series of recommenda- okbar.org/map/library or call 405- network offering opportunities tions and setting priorities. The fee 416-7008. For members who prefer to participate in community and is $500 per day for firms of five or owning books to borrowing, use bar-related projects. Lawyers of fewer lawyers or $750 per day for the discount code PAB9EOKB any age in practice less than 10 firms of more than five lawyers. to purchase practice manage- years are automatically members. Call 405-416-7008 to schedule. ment and other books from the Visit the YLD page at www.okbar. American Bar Association. Opening Your Law Practice org/yld for more information program – A free, one-day semi- NETWORKING OPPORTUNITIES or find the YLD on Facebook at nar to assist attorneys setting up Leadership and volunteering www.facebook.com/OBAYLD. new solo or small firm practices is opportunities – Boards, commit- held in both Oklahoma City and tees, sections and commissions
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 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’s 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 Software Benefits” link on your PUBLICATIONS login. Use CosmoLex to make MyOKBar page. OBA eNews –The semimonthly 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 lifetime discount. See more infor- and increase revenues by more Oklahoma Bar Journal – Ten issues mation by clicking the “Practice than 20%. When law firms want of the printed Oklahoma Bar Journal Management Software Benefits” to increase profits, go paperless or magazine are published annually, link on your MyOKBar page. improve confidence in their trust including practice area articles, accounting, Rocket Matter helps member news and bar updates. LawPay – them achieve those goals. OBA Supplementing the magazine is a The OBA members receive a 15% discount revamped court issue, Courts & endorses off the regular month-to-month More, that is debuting in January LawPay credit card processing pricing for life. See more infor- 2021. Access current and recent service, which is designed for mation by clicking the “Practice issues at www.okbar.org/barjour- attorneys. Funds from each client Management Software Benefits” nal. Additional archived issues are credit card transaction may be link on your MyOKBar page. available through HeinOnline (see either deposited into a client trust information below). or operating account as the lawyer TrustBooks – designates. All transaction fees Trustbooks is Continuing legal education are deducted from the law firm a cloud-based service that makes materials – Seminar materials are operating account to simplify the trust accounting simple and is available for purchase and are an trust account record-keeping. To specifically designed for attor- affordable way to get quality, learn more, call 866-376-0950 or neys. With TrustBooks, common state-specific practice aids on a visit www.lawpay.com/oba. mistakes – like those made when variety of legal topics. Call 405- filling out checks and deposit slips 416-7092 or visit the Oklahoma Bar MyCase – or reconciling bank statements – Center, upon making an appoint- MyCase are caught, and the important ment, Monday through Friday is an trust account ledgers of all client from 8:30 a.m. to 5 p.m. to learn easy-to-use, web-based practice balances are automatically gener- more. Electronic practice forms management software that helps ated. OBA members receive more are also available by topic online. you manage cases, track time, than a 30% discount off monthly automate billing and communicate
28 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL HeinOnline – Title Examination Standards – OAMIC HeinOnline Produced by the Real Property programs – access to Law Section, this publication For pro- archived Oklahoma Bar Journal issues contains all the presently effec- fessional is free to OBA members and allows tive Oklahoma Title Examination liability, users to research archived issues Standards and reflects all revi- Oklahoma Attorneys Mutual dating back to 1930. You can view, sions. Free to Real Property Insurance Co. is the only insurer print or save as a PDF any article or Section members, or only $9 owned by OBA members. OAMIC an entire issue, as well as use the per copy to nonmembers. can be reached at 405-471-5380 or easy search tools to find the article, 800-318-7505 or visit www.oamic. topic or author you need. Access it ENDORSED INSURANCE AND com. They also offer a broad range by clicking the red “HeinOnline” RETIREMENT SERVICES of court bonds with more infor- link on your main MyOKBar page. ABA Retirement Funds – The mation at www.oklahoma.online- ABA Retirement Funds Program courtbonds.com. Legal information brochures – offers no out-of-pocket expenses, Brochures to give clients covering professional fiduciary services, a TRAVEL AND commonly asked questions relating broad range of investment options OFFICE SERVICES to 15 legal topics are available to and full-service administration Hertz Car Rental – Members members at just $4 per bundle of and has been providing afford- receive discounted Hertz car 25. Topics are wills, probate, joint able 401(k) plans exclusively to the rental with the code CDP 0164851. tenancy, home buying, tenant rights legal community for more than Call 800-654-3131 or visit www. and duties, landlord rights, divorce, 50 years. The program’s bundled hertz.com for reservations. small claims court, employee rights, approach allows firms to stay bankruptcy, juror information, law- Ruby – Ruby focused on the success of the prac- yers and legal fees, advanced direc- builds great tice and provides trustee, record tive, criminal law and resolving relation- keeping, tax reporting, compliance conflicts and disputes. An online ships, from testing, investment management order form is available at www. first impressions to lasting and participant communication okbar.org/freelegalinfo. loyalty. Available 24/7/365, live, services – all from a single source – U.S.-based virtual receptionists Oklahoma Legal Directory – at no additional cost to the firm. answer calls so you can focus on This official directory of OBA Call 866-812-3580 for a free consul- your business, and their online members provides addresses and tation or visit www.abaretirement. chat specialists are ready to con- phone numbers, alphabetically com for more information. nect with your website visitors and by county, includes a guide 3000 Insurance Group programs – when they need it. Over 10,000 to county, state and federal offices Keep rates low through group business owners trust Ruby with plus departments of the U.S. and buying power. For information front-line communications. In Oklahoma government and a about OBA programs as well as return, they get increased sales complete digest of courts, profes- standard market plans for life, inquiries and measurably bet- sional associations, including OBA health (employer-group, individ- ter customer satisfaction. Call officers, committees and sections. ual and Medicare supplement), 866-611-7829 or visit www.ruby. It is published individual disability, personal com/okbar for more informa- by Legal umbrella liability, long-term tion. Members receive a lifetime Directories care and other insurance plans, 6% discount on both services, Publishing contact 3000 Insurance Group backed by a 21-day, money-back Co. Call 800- (previously known as Beale guarantee. 447-5375 ext. 2 Professional Services) at to request an 405-521-1600 or 800-530-4863 order form or or visit www.3000iG.com. purchase at www.legal- directories.com.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 29 UPS – OBA sync activity history and saved OBA Newsstand – members now favorites on any of the Fastcase A daily newsfeed have access applications, so no work is ever with practice-specific news, to new and lost. Access Fastcase through the curated in partnership with improved flat link on your MyOKBar page. Lexology. With OBA Newsstand, rate pricing – Free COVID-19 Case Alerts is a you’ll no matter how new added feature. Subscribe by receive much you ship, logging in to Fastcase through valuable when you ship or where it’s going. MyOKBar and clicking on Apps & news and information in your Discounts include: Tools, then clicking the link to the inbox from a wide range of global free subscription sign-up page. and national agencies and firms, 10%* on UPS Next Day targeted to the areas of law you are Air Early Legislative services – The exec- most interested in. Customization utive director works to support 50% on Domestic Next so OBA Newsstand is targeted adoption of legislative issues Day/Deferred toward your specific interests is a approved by the OBA House key to this service’s value. More 30% on Ground of Delegates. Additionally, the than 450 articles are published Commercial/Residential Legislative Monitoring Committee every day from over 900 leading publishes a legislative report on International: 50% on law firms and service providers the status of select bills while the Export / 40% on Import / worldwide, and the searchable Legislature is in session, both in 25% Canada Standard archive contains more than the Oklahoma Bar Journal and online one million articles. There is Savings begin at 75%* on at www.okbar.org/legislative. an option to unsubscribe. UPS Freight shipments Meeting rooms – The Oklahoma over 150 lbs. Bar Center has several room sizes Free UPS Smart Pickup to accommodate small and large service group meetings, client conferences and depositions. Free to members Open a new account or, if you during weekday business hours, are already taking advantage of nominal fee for evenings. To a UPS savings program, re-enroll schedule, call 405-416-7000. and apply the new discounts to your existing account by visiting WordRake – www.savewithups.com/oba or call Developed 800-MEMBERS (800-636-2377). for lawyers, WordRake *Visit www.savewithups.com/oba provides for specific services and discounts. editing suggestions TECHNOLOGY AND for clarity OTHER SERVICES and brevity and instantly edits Fastcase – documents in Microsoft Word The OBA has with the easy-to-install add-in, contracted suggesting changes that eliminate with Fastcase unnecessary words and phrases. online legal research software to A free, seven-day trial is available, provide national coverage with and annual licensing plans offer unlimited usage, customer service increased savings based on sub- and printing at no cost to bar scription duration. See more infor- members as a part of their existing mation by clicking the “Practice bar membership. Plus, Fastcase Management Software Benefits” MobileSync allows members to link on your MyOKBar page. link their account to a smart- phone or tablet and automatically
30 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Meet Your Bar Association Connect with the OBA
HE TOOLS OF TECHNOLOGY ALLOW OBA MEMBERS to be more connected and Tinformed than ever. In 2021, the OBA is committed to finding ways to more effectively communicate with members. While the OBA communications staff is mindful of not over- doing it with emails and communication, we want all 18,000 members to be informed about the programs, information and services that are available.
Managing the onslaught courses and a good way to give back to our communities of emails busy lawyers get through service opportunities.” from clients, colleagues, For other members like Kyndal Kliewer, corporate friends, retailers and counsel for Water’s Edge Services, she finds value organizations, not to in the digest emails. “I read the Estate Planning and mention those from Probate section. I don’t usually answer the emails, the OBA, is a daily but the discussions about issues other attorneys face, task in itself. The typically in the probate area, are very interesting and OBA commu- helpful,” she explained. nications staff Both Ms. Kelso and Ms. Kliewer said they follow monitors data the OBA on social media, including Facebook and including open LinkedIn. They also check their MyOKBar accounts rates, website to search the membership directory, update their email traffic, clicks and preferences and join sections. even the dreaded Tanner Rice, a solo practitioner in Oklahoma City, (though relatively said he reads the OBA emails and visits the website. small) number of unsubscribes to Mr. Rice said, “As someone who is trying to grow guide us on how to improve. Some OBA and expand my practice, I’m always looking for members share how managing their OBA practical and helpful information that could help communications has helped their law practices me grow.” He also visits the OBA website to access and increased the value of their membership. member services like FastCase and to make sure he’s “Usually, the CLE emails have the CLE topic in current on CLE credits. the subject. If that seems like it would be something interesting, I’ll open up the email to learn more. I am so glad I opened the email about the FREE CLE (and free swag bag!) at the Annual Meeting this year,” said April Kelso, associate with Pierce Couch Hendrickson Baysinger & Green LLP. The OBA website is a great Ms. Kelso said involvement and engagement have resource for online issues of been valuable and rewarding, “The OBA is what the Oklahoma Bar Journal, you make of it. You can just pay your dues and stay calendar events and news. unengaged – or you can become involved in different Visit www.okbar.org or scan sections and committees. Committee involvement is a the QR code using your good way to network with other attorneys interested smart phone camera! in the same things, a good source of (often FREE) CLE
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 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 sub- stantive 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 2021 as section leaders.
Keith A. Jones, Secretary Therese Buthod, Treasurer 5801 E. 41st St., Ste. 300 527 Pioneer Road ALTERNATIVE DISPUTE Tulsa, OK 74135-5628 Sapulpa, OK 74066 RESOLUTION 918-367-8500 918-230-5012 Michael E. Mayberry, Chairperson 2800 N. Lincoln Blvd. Randall D. Young, Treasurer John B. Jarboe, Treasurer Emeritus Oklahoma City, OK 73105 5319 S. Harvard Ave. 401 S. Boston, Ste. 1810 405-521-3927 Tulsa, OK 74135 Tulsa, OK 74103-4018 918-853-5903 918-582-6131 Retired Judge Linda G. Morrissey, Vice Chairperson Jana L. Knott, Brian Huckabee, 1648 S. Boston, Ste. 1 Immediate Past Chairperson Immediate Past Chairperson Tulsa, OK 74119 104 N. Rock Island Huckabee Law PLLC 918-382-8686 P.O. Box 157 401 S. Boston Ave., Ste. 500 El Reno, OK 73036 Tulsa, OK 74103-4023 Charles C. Mashek, 405-262-4040 918-587-3000 Secretary/Treasurer 1530 N. Harrison, #243 John B. Jarboe, Director Shawnee, OK 74804 401 S. Boston, Ste. 1810 479-477-0754 BANKRUPTCY AND Tulsa, OK 74103-4018 REORGANIZATION 918-582-6131 Brandon C. Bickle, Chairperson GableGotwals Roger D. Everett, Director APPELLATE PRACTICE 1100 ONEOK Plaza 508 W. Vandament, Ste. 300 Randall Yates, Chairperson 100 W. Fifth St. Yukon, OK 74099 210 N. Wyandotte St. Tulsa, OK 74103-4217 405-350-0990 Locust Grove, OK 74352 918-595-4817 918-513-1301 Therese Buthod, Director Jeffrey Tate, 527 Pioneer Road Richard Goralewicz, Chairperson-Elect/Secretary Sapulpa, OK 74066 Chairperson-Elect The Parkway Building 918-230-5012 30629 N. 2976 Road 3401 NW 63rd St., Ste. 600 Cashion, OK 73016 Oklahoma City, OK 73116 405-488-6812 405-232-2020
32 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Katherine M. Vance, Director Timothy D. Kline, Director 224 S. Boulder, Room 225 Phillips Murrah Law Office Tulsa, OK 74103 Corporate Tower, 13th Floor BUSINESS AND 918-581-6686 101 N. Robinson Ave. CORPORATE LAW Oklahoma City, OK 73102 Danae Grace, Chairperson Brian Huckabee, Director 405-235-4100 McAfee & Taft Huckabee Law PLLC 211 N. Robinson Ave. 401 S. Boston Ave., Ste. 500 Charles Greenough, Director Oklahoma City, OK 73102 Tulsa, OK 74103-4023 McAfee & Taft 405-270-6017 918-587-3000 Williams Center Tower II 2 W. Second St., Ste. 1100 Chairperson-Elect Brandon C. Bickle, Director Tulsa, OK 74103-3125 See okbar.org/sections for information GableGotwals 918-587-0000 1100 ONEOK Plaza Jeffrey D. Hassell, 100 W. Fifth St. Sidney Swinson, Director Immediate Past Chairperson Tulsa, OK 74103-4217 100 W. Fifth St., Ste. 1100 GableGotwals 918-595-4817 Tulsa, OK 74103-4217 1100 ONEOK Plaza 918-595-4800 100 W. Fifth St. Ross Plourde, Director Tulsa, OK 74103-4217 McAfee & Taft Sam Bratton, Director 918-595-4823 211 N. Robinson, 10th Floor 2 W. Second St., Ste. 700 Oklahoma City, OK 73102 Tulsa, OK 74103-3725 405-235-9621 918-582-1211 CRIMINAL LAW Honorable Janice Loyd, Director G. Blaine Schwabe, Director Kyle Wackenheim, Chairperson 215 Dean A. McGee, Second Floor One Leadership Square Federal Public Defender, WDOK Oklahoma City, OK 73102 211 N. Robinson Ave., Ste. N1500 215 Dean A. McGee Ave., Ste. 109 405-609-5678 Oklahoma City, OK 73102-7144 Oklahoma City, OK 73102-3426 405-235-5500 405-609-5952 Honorable Sarah Hall, Director U.S. Bankruptcy Court Layla Dougherty, Director Chris Boring, Chairperson-Elect 215 Dean A. McGee, Ninth Floor 2500 Brookdale Ave. 1600 Main St., Ste. 5 Oklahoma City, OK 73102 Edmond, OK 73034 Woodward, OK 73801 405-609-5660 405-476-8912 580-256-8616
Andrew R. Turner, Director Herbert Graves, Director Ricki J. Walterscheid, Secretary 4000 One Williams Center 3008 Lansdowne Lane P.O. Box 926 Tulsa, OK 74172-0148 Oklahoma City, OK 73120 Norman, OK 73070 918-586-8972 405-821-7014 405-801-2727
Jeffrey Tate, Director Russ Cochran, Treasurer The Parkway Building 419 NE 38th Terrace 3401 NW 63rd St., Ste. 600 Oklahoma City, OK 73105-3706 Oklahoma City, OK 73116 405-521-2885 405-232-2020
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 33 Benjamin C. Brown, Treasurer CLE Chairperson See okbar.org/sections for information Office of Juvenile Affairs ENERGY & NATURAL 3812 N. Santa Fe, Ste. 400 RESOURCES LAW Elizabeth Salomone, Oklahoma City, OK 73118 G. Patrick O’Hara Jr., Chairperson Scholarship Chairperson 405-530-2826 13808 Wireless Way 3416 NW 22nd St. Oklahoma City, OK 73134 Oklahoma City, OK 73107 Trent Baggett, Legislative 405-471-5226 210-259-5547 Committee Chairperson 511 Chautauqua Ave. Michael D. May, Chairperson-Elect Erin Potter-Sullinger, Norman, OK 73069 6100 N. Western Ave. Immediate Past Chairperson 405-740-6963 Oklahoma City, OK 73118 324 N. Robinson, Ste. 100 405-935-2292 Oklahoma City, OK 73102 Michael R. Wilds, Q & A Editor 405-239-6616 BALA Lisa M. Black, Secretary 3100 E. New Orleans St. P.O. Box 7312 Broken Arrow, OK 74014 Edmond, OK 73083 918-449-6532 405-200-2807 ESTATE PLANNING, PROBATE & TRUST Melissa Blanton, Elisabeth Brown, Budget Officer Stephanie Alleman, Chairperson Immediate Past Chairperson 211 N. Robinson Ave. P.O. Box 720360 Office of the Attorney General Two Leadership Square, Ste. 1300 Oklahoma City, OK 73172 313 NE 21st St. Oklahoma City, OK 73102 405-317-3007 Oklahoma City, OK 73105 405-232-3722 405-522-0042 Jorjana Marx, Chairperson-Elect Membership Director 6363 E. 31st St., Ste. 102 See okbar.org/sections for information Tulsa, OK 74135-5458 918-836-6461 DISABILITY LAW Dawson Brotemarkle, G. Rodney Palmer Jr., Chairperson Immediate Past Chairperson Denis Rischard, Secretary 3111 N. Classen Blvd. Hall Estill 101 Park Ave., Ste. 1125 Oklahoma City, OK 73118 320 S. Boston Ave., Ste. 200 Oklahoma City, OK 73102 405-521-0882 Tulsa, OK 74103 405-235-2393 918-899-9480 Philip Ryan, Chairperson-Elect Lam Q. Nguyen, Treasurer Ryan Bisher Ryan & Simons 4801 Gaillardia Parkway, Ste. 150 4323 NW 63rd St., Ste. 110 Oklahoma City, OK 73142 Oklahoma City, OK 73116-1513 ENVIRONMENTAL LAW 405-253-6444 405-528-4567 Kaylee Davis-Maddy, Chairperson 210 Park Ave., Ste 1200 Shannon D. Taylor, Athlea M. Adkisson, Secretary Oklahoma City, OK 73102 CLE Chairperson 308 NW 13th St., Ste. 100 405-319-3513 4200 Perimeter Center Drive, Ste. 130 Oklahoma City, OK 73103 Oklahoma City, OK 73112 405-232-0555 Jonathan Truong, 405-602-8446 Chairperson-Elect Leah M. Kanne, Treasurer 500 Central Park Drive Chantelle Hickman-Ladd, 2520 W. Eubanks St. Oklahoma City, OK 73105-1717 Membership Chairperson Oklahoma City, OK 73112 405-702-7160 P.O. Box 720360 573-999-2307 Oklahoma City, OK 73172 Travis Couch, Secretary 405-252-0472 Leah M. Kanne, 200 SW 174th St. Immediate Past Chairperson Oklahoma City, OK 73170 2520 W. Eubanks St. 405-702-7179 Oklahoma City, OK 73112 573-999-2307
34 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Roberto L. Seda, Ashley D. Rahill, Secretary Amy Page, Suite Chairperson Title and Real Estate Chairperson 7100 Classen Blvd., Ste. 330 2509 E. 21st St. 10600 S. Pennsylvania Ave., Ste. 16-715 Oklahoma City, OK 73116 Tulsa, OK 74114 Oklahoma City, OK 73170 405-286-9619 918-208-0129 405-759-0678 Kim Hays, Budget Chairperson Kim Hays, Policies and Procedures Stephanie R. Jackson, 248 W. 16th St. and Section Leaders Council Tulsa Liaison Tulsa, OK 74119-4212 248 W. 16th St. Law Office of Stephanie R. Jackson PC 918-592-2800 Tulsa, OK 74119-4212 2121 S. Columbia Ave., Ste. 590 918-592-2800 Tulsa, OK 74114 Amber M. Godfrey, Awards 918-292-8650 Godfrey Law & Associates PLLC Brita Cantrell, Victoria Building Immediate Past Chairperson Andrea Painter, 1901 N. Classen Blvd., Ste. 222 Williams Center Tower II Oklahoma City Officer Oklahoma City, OK 73106 2 W. Second St., Ste. 1100 9329 SW 25th St. 405-525-6671 Tulsa, OK 74103 Oklahoma City, OK 73128-4943 918-574-3077 405-602-9092 Ron Gore, Bylaws 8801 S. Yale Ave., Ste. 250 Kathy Bushnell, Tulsa, OK 74137-3535 Oklahoma City Officer 918-779-3817 FINANCIAL INSTITUTIONS & 1205 S. Air Depot, #264 COMMERCIAL LAW Midwest City, OK 73110 Keith Jones, Steven R. McConnell, Chairperson 405-252-1187 Practice Manual Chairperson P.O. Box 26090 5801 E. 41st St., Ste. 300 Oklahoma City, OK 73126-0090 H. Terrell Monks, Tulsa, OK 74135-5628 405-603-1004 Oklahoma City Officer 918-367-8500 1015D Waterwood Parkway Lori E. Eropkin, Vice Chairperson Edmond, OK 73034 M. Shane Henry, 100 W. Ninth St. 405-733-8686 Trial Advocacy Institute Chairperson Shawnee, OK 74801 Henry & Dow 405-395-0516 A. Daniel Woska, 1616 S. Main Immediate Past Chairperson Tulsa, OK 74119 Daniel Resendez, Secretary Woska Law Firm PLLC 918-933-4333 P.O. Box 22222 15205 Traditions Lake Parkway Oklahoma City, OK 73123 Oklahoma City, OK 73013 Noel Tucker, Legislative Chairperson 405-696-8722 405-657-2271 15310 N. May Ave., Ste. 203 Edmond, OK 73013 David Burge, Treasurer 405-613-8745 P.O. Box 1948 Oklahoma City, OK 73102 FAMILY LAW Brian R. Swenson, Social Committee 405-236-4843 Monica A. Dionisio, Chairperson 1912 W. C St. Hester Schem Hester & Dionisio Jenks, OK 74037 Ashley Warshell, 16311 Sonoma Park Drive 918-481-5898 Scholarship Officer Edmond, OK 73013 210 Park Ave., Ste. 3001 405-705-5900 Kara E. Pratt, Social Committee Oklahoma City, OK 73102 525 S. Main St., Ste. 800 405-600-9500 Stacy L. Acord, Tulsa, OK 74103 Chairperson-Elect/CLE Chairperson 918-599-7755 Eric L. Johnson, Update Officer McDaniel Acord & Lytle PLLC 8524 S. Western, Ste. 114 9343 E. 95th Court Kim Hays, Oklahoma City, OK 73139 Tulsa, OK 74133 Annual Meeting Chairperson 405-602-3812 918-382-9200 248 W. 16th St. Tulsa, OK 74119-4212 918-592-2800
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 35 Moira Watson, Program Officer Hall Estill 100 N. Broadway Ave., Ste. 2900 GOVERNMENT & IMMIGRATION LAW Oklahoma City, OK 73102-8614 ADMINISTRATIVE LAW Whitney Bowman-Webb, 405-553-2828 PRACTICE Chairperson Holly C. Barrett, Chairperson 624 S. Denver Ave., Ste. 300 Kelsey Quillian, P.O. Box 25352 Tulsa, OK 74119 Membership Engagement Oklahoma City, OK 73125-0352 918-261-2489 4401 W. Memorial, Ste. 109 405-203-2883 Oklahoma City, OK 73134 Chairperson-Elect 405-235-6500 David Allen Miley, Treasurer See okbar.org/sections for information Oklahoma Department of Miles Pringle, Transportation Secretary Legislative Monitoring Officer 200 NE 21st St. See okbar.org/sections for information 1629 Westminster Place Oklahoma City, OK 73105-3204 Nichols Hills, OK 73120 405-521-2639 Kyle Tresch, Treasurer 405-820-9219 Law Office of W. Kyle Tresch Tamar G. Scott, Secretary 1209 S. Frankfort Ave., Ste. 208 200 NE 21st St. Tulsa, OK 74120 Oklahoma City, OK 73105 918-973-0095 GENERAL PRACTICE/ 405-521-2635 SOLO & SMALL FIRM Tara Jordan De Lara, Ashley B. Forrester, Chairperson Stephen Cortes, CLE Chairperson Forrester Law Firm Immediate Past Chairperson 222 E. Eufaula St., Ste. 240 625 NW 13th St., Ste. A 5801 Broadway Extension, Ste. 110 Norman, OK 73069 Oklahoma City, OK 73103-2239 Oklahoma City, OK 73118 405-310-7324 405-974-1625 405-213-0856 Jesse Gordon, Michael A. Whiting, Immediate Past Chairperson Vice Chairperson 711 S. Husband St. Whiting & Bruner HEALTH LAW Stillwater, OK 74074 Victoria Building Russell C. Ramzel, Chairperson 405-334-2286 1901 N. Classen Blvd., Ste. 222 4000 One Williams Center Oklahoma City, OK 73106 Tulsa, OK 74172-0148 405-525-6671 918-586-5680 INDIAN LAW D. Aaron Bruner, Secretary Hilary Velandia, Jacintha Webster, Chairperson Whiting & Bruner Chairperson-Elect 3304 NW 24th St. 6440 S. Lewis Ave., Ste. 100 4000 One Williams Center Oklahoma City, OK 73107 Tulsa, OK 74136 Tulsa, OK 74172 405-802-7542 918-488-8000 918-586-5693 Austin Vance, Chairperson-Elect Ashley B. Forrester, Mary R. Daniel, Treasurer 512 N. Broadway Ave., #300 Treasurer/Social Chairperson Integris Health Oklahoma City, OK 73102 Forrester Law Firm 3366 NW Expressway, Ste. 800 405-516-7828 625 NW 13th St., Ste. A Oklahoma City, OK 73112 Oklahoma City, OK 73103-2239 405-951-4776 Stephanie Hudson, Secretary 405-974-1625 4200 Perimeter Center Drive, Ste. 222 Melissa D. Revell, Oklahoma City, OK 73112 Frank A. Urbanic, Immediate Past Chairperson 405-943-6457 Immediate Past Chairperson 2 W. Second St., Ste. 1100 1211 N. Shartel Ave., Ste. 906 Tulsa, OK 74103 Oklahoma City, OK 73103 918-574-3017 405-633-3420
36 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Darla Jackson, Budget Officer Jessica John-Bowman, OU College of Law Secretary/Treasurer Donald E. Pray Law Library Williams Center Tower II JUVENILE LAW SECTION 300 Timberdell Road 2 W. Second St., Ste. 1100 Jennifer Douglas, Chairperson Norman, OK 73019-0001 Tulsa, OK 74103 5905 N. Classen Court, Ste. 204 405-325-2907 918-587-0000 Oklahoma City, OK 73118 405-713-6737 Jennifer N. Lamirand, Elizabeth Isaacs, Director Immediate Past Chairperson 3315 178th Ave. NE Gwen Clegg, Secretary Crowe & Dunlevy PC Redmond, WA 98052 4733 S. Evanston Ave. 324 N. Robinson Ave., Ste. 100 940-224-2916 Tulsa, OK 74105 Oklahoma City, OK 73102-6417 918-319-2454 405-235-7700 Sasha L. Beling, Director Two Leadership Square, 10th Floor Aushianna Nadri, Treasurer 211 N. Robinson Ave. 5905 N. Classen Court, Ste. 204 Oklahoma City, OK 73102 Oklahoma City, OK 73118 INSURANCE LAW 405-270-6011 405-713-6776 Matthew B. Wade, Chairperson The Abel Law Firm Zach Oubre, Ben Brown, CLE Co-Chairperson The White House Immediate Past President Office of Juvenile Affairs 900 NE 63rd St. McAfee & Taft 3812 N. Santa Fe, Ste. 400 Oklahoma City, OK 73105 Two Leadership Square, 10th Floor Oklahoma City, OK 73118 405-239-7046 211 N. Robinson Ave. 405-530-2826 Oklahoma City, OK 73102 Michael L. Chitwood, Treasurer 405-235-9621 Bill R. McKinney, 1400 Quail Springs Parkway, Ste. 230 CLE Co-Chairperson Oklahoma City, OK 73134 5905 N. Classen Court 405-419-2654 Oklahoma City, OK 73118 INTERNATIONAL LAW 405-713-6770 Jeffrey A. Curran, Secretary Katherine J. Trent, Chairperson GableGotwals P.O. Box 720072 Tsinena Thompson, One Leadership Square Norman, OK 73072 Immediate Past Chairperson 211 N. Robinson Ave., Ste. N1500 405-300-4784 5900 Classen Blvd. Oklahoma City, OK 73102 Oklahoma City, OK 73118 405-235-5500 Rebeca West, Chairperson-Elect 405-759-6362, ext. 109 11001 Massey Terrace Oklahoma City, OK 73150 210-862-6350 INTELLECTUAL PROPERTY LABOR AND Ann M. Robl, President Brooke E. Hamilton, Secretary EMPLOYMENT LAW 609 W. Sheridan Ave. 800 N. Oklahoma Ave. Leah M. Roper, Chairperson Oklahoma City, OK 73102 Oklahoma City, OK 73104 1133 N. Portland Ave. 405-607-8600 405-371-2532 Oklahoma City, OK 73107 405-252-1180 Ross Chaffin, Vice President Jason W. Hubbert, Treasurer Two Leadership Square Cowan, Hubbert & Franklin Katherine R. Mazaheri, 211 N. Robinson, Ste. 450 6520 N. Western Ave., Ste. 101 Vice Chairperson Oklahoma City, OK 73102 Oklahoma City, OK 73116 Mazaheri Law Firm 405-606-3350 405-301-2238 3000 W. Memorial Road, Ste. 230 Oklahoma City, OK 73120 405-414-2222
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 37 A. Kim Tran, Secretary Ogletree Law Firm 621 N. Robinson Ave., Ste. 400 LITIGATION REAL PROPERTY LAW Oklahoma City, OK 73102 David W. VanMeter, Chairperson Deborah A. Reed, Chairperson 405-546-3760 Van Meter Law Firm PLC Reed Legal PLLC 600 N. Walker Ave., Ste. 101 P.O. Box 3711 Treasurer Oklahoma City, OK 73102 Broken Arrow, OK 74013 See okbar.org/sections for information 405-228-4949 918-728-1604
Kristin Richards, Renee DeMoss, Vice Chairperson Roberto L. Seda, Chairperson-Elect Immediate Past Chairperson GableGotwals 10600 S. Pennsylvania Ave., Ste. 16-715 Bass Law Firm PC 100 W. Fifth St., Ste. 1100 Oklahoma City, OK 73170 104 N. Rock Island Tulsa, OK 74103-4217 405-759-0678 El Reno, OK 73036 918-595-4800 405-740-4773 Jennifer S. Jones, Budget Officer John M. “Jake” Krattiger, Treasurer First American Title Insurance GableGotwals Company One Leadership Square, Ste. N1500 133 NW Eighth St. LAW OFFICE MANAGEMENT & 211 N. Robinson Ave. Oklahoma City, OK 73102 TECHNOLOGY Oklahoma City, OK 73102-7144 405-552-7717 Russell S. Cochran, Chairperson 405-235-5500 419 NE 38th Terrace Rhonda McLean, Secretary Oklahoma City, OK 73105-3706 Munson & McMillin 405-521-2885 247 N. Broadway MASTER LAWYERS Edmond, OK 73034 Darla Jackson, Chairperson-Elect Ronald Main, Chairperson 405-513-7707 OU College of Law 6634 S. New Haven Ave. Donald E. Pray Law Library Tulsa, OK 74136-2842 Stephanie Moser-Goins, 300 Timberdell Road 918-742-1990 Member at Large Norman, OK 73019-0001 Ball Morse Lowe PLLC 405-325-2907 Secretary 3201 S. Berry Road See okbar.org/sections for information Norman, OK 73072 John N. Brewer, Vice Chairperson 405-701-5355 3113 N. Classen Blvd. Charles R. Hogshead, Treasurer Oklahoma City, OK 73118 4112 S. New Haven Place Chris Trojan, Member at Large 405-606-8424 Tulsa, OK 74135-2728 1124 Quail Ridge 918-708-1476 Enid, OK 73703 Kelley Cornelius, 580-297-8090 Secretary/Treasurer 4216 N. Portland, Ste. 203 J. Brandon Harvey, Oklahoma City, OK 73112-6387 MILITARY & VETERANS LAW Immediate Past Chairperson 405-721-6124 See okbar.org/sections for information Field, Trojan & Harvey PLLC P.O. Box 5676 Sandra L. Tolliver, Ed Maguire, Enid, OK 73702 Immediate Past Chairperson Immediate Past Chairperson 580-233-4625 P.O. Box 14271 925 NW 6th Street Tulsa, OK 74159-1271 Oklahoma City, OK 73106 Roberto L. Seda, 918-743-4400 405-606-8621 TES Committee Chairperson 10600 S. Pennsylvania Ave., Ste. 16-715 Oklahoma City, OK 73170 405-759-0678
38 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Barbara L. Carson, Sheppard F. “Mike” Miers Jr., William R. Emig, Treasurer TES Committee Vice Chairperson Member at Large (East) 7 S. Mickey Mantle, Second Floor 624 S. Denver, Ste. 202 GableGotwals Oklahoma City, OK 73104 Tulsa, OK 74119 1100 ONEOK Plaza 405-999-9000 918-605-8862 100 W. Fifth St. Tulsa, OK 74103-4279 Nichole S. Bryant, Charis L. Ward, 918-595-4834 Immediate Past Chairperson TES Committee Secretary 2021 S. Lewis Ave., Ste. 225 133 NW Eighth St. Julie M. Holmes Chapel, Tulsa, OK 74104 Oklahoma City, OK 73012 IRS Liaison Officer 918-938-1103 405-552-7775 55 N. Robinson Ave., Ste. 830 Oklahoma City, OK 73102-9237 Rhonda McLean, 405-982-6744 TES Committee Handbook Editor Munson & McMillin Kathryn Sawyer, 247 N. Broadway State Liaison Officer Edmond, OK 73034 7122 S. Sheridan Road, Ste. 2-346 405-513-7707 Tulsa, OK 74133 918-510-9860 Legislative Liaison See okbar.org/sections for information W. Todd Holman, Immediate Past Chairperson Barber & Bartz 525 S. Main St., Ste. 800 TAXATION LAW Tulsa, OK 74103 Ryan J. Duffy, Chairperson 918-599-7755 Fellers Snider Law Firm 100 N. Broadway Ave., Ste. 1700 Oklahoma City, OK 73102 405-239-7225 WORKERS’ COMPENSATION Tess Bullard, Chairperson Taylor K. Ferguson, P.O. Box 780 Vice Chairperson Oklahoma City, OK 73101 P.O. Box 269056 405-604-5000 Oklahoma City, OK 73126 405-522-9439 Zachary H. Walls, Chairperson-Elect Kaimee K. Tankersley, Secretary 1900 NW Expressway, Ste. 1210 5808 Hickory Bend Drive Oklahoma City, OK 73118 Norman, OK 73026 405-235-7641 405-881-2075 Lacy N. Vassar, Secretary Alan G. Holloway, 210 W. Park Ave., Ste. 1450 Member at Large (West) Oklahoma City, OK 73102-8818 McAfee & Taft 405-235-7600 Two Leadership Square 211 N. Robinson, 10th Floor Oklahoma City, OK 73102-7109 405-552-2344
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 39 OBA SECTION DUES To sign up for a section online, login to MyOKBar, go to Online Store, Shop for Section Membership.
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40 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL
Judicial News Leadership Changes for State’s Highest Courts
SUPREME COURT
Chief Justice Vice Chief Justice Richard Darby M. John Kane IV
Richard Darby is the new Oklahoma Supreme M. John Kane IV of Pawhuska was elected to be the Court chief justice. He has been a member of the next vice chief justice. He was appointed to the Oklahoma Oklahoma Supreme Court since his appointment by Supreme Court in September 2019 by Gov. J. Kevin Gov. Mary Fallin in April 2018 and just completed a Stitt. Since 2005, he had been the district judge of Osage two-year term as vice chief justice. He is a member of County, where he served in several leadership positions. the Appellate Division of the Oklahoma Court on the He served as Oklahoma Judicial Conference president Judiciary. Previously, he served for 23 years as district from 2013 to 2014, Northeast Judicial Administrative judge for the 3rd Judicial District, which includes five District presiding judge in 2019 and as Oklahoma Court counties surrounding Altus. Prior to that, he served on the Judiciary presiding judge in 2019. Jackson County as special judge for four years and Vice Chief Justice Kane started practicing law in associate district judge for four years. 1987 with his father and grandfather at Kane, Kane & Chief Justice Darby received his bachelor’s degree Kane Law Offices, which had offices in Pawhuska and in political science from Southwestern Oklahoma State Skiatook. He also served as an administrative law judge University and his J.D. from the OU College of Law for the Department of Human Services Child Support in 1984. Upon graduation, he practiced law in Altus Division from 1999 to 2005 and as an assistant district before serving on the bench. He is married to Dr. attorney from 1987 to 1989. He received his bachelor’s Dana Darby, who is the superintendent of the Altus degree in agricultural economics and accounting from Christian Academy. They are proud parents of two OSU in 1984 and his J.D. from the OU College of Law in adult sons, Ben and Jonathan. 1987. He and his wife, Cynthia, have been married for more than 30 years and have four children. The new Oklahoma Supreme Court leaders will serve two-year terms that began Jan. 1.
42 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL COURT OF CRIMINAL APPEALS
Presiding Judge Vice Presiding Judge Dana L. Kuehn Scott Rowland
Presiding Judge Dana Kuehn was appointed to the Judge Scott Rowland was appointed to the Court Oklahoma Court of Criminal Appeals Oct. 2, 2017, by of Criminal Appeals, District 4, in November 2017 by Gov. Mary Fallin. A native of Tulsa, she attended OSU, Gov. Mary Fallin. He grew up in Wynnewood and receiving a bachelor’s degree in political science in earned his bachelor’s degree in journalism and polit- 1993. She received her J.D. from the TU College of Law ical science from OU in 1987. After receiving his J.D. in 1996 and served as a felony prosecutor for almost 10 cum laude from the OCU School of Law in 1994, Judge years with the Tulsa County District Attorney’s Office. Rowland served as assistant attorney general for the In 2006, she was elected associate district judge state of Oklahoma, general counsel to the Oklahoma of Tulsa County. Initially, she presided over a felony Bureau of Narcotics and Dangerous Drugs and first docket and conducted more than 75 jury trials. In assistant district attorney in the Oklahoma County that capacity, she also worked closely with Women In District Attorney’s Office. Recovery for alternative sentencing options for women. Since 1998, Judge Rowland has been an adjunct From 2008 to 2017, she presided over a civil docket and instructor of criminal and constitutional law at OSU- conducted more than 100 jury trials. OKC, where he was named outstanding Adjunct Faculty In May 2017, she was inducted into the TU College in 2017. He was also named Outstanding Oklahoma of Law Hall of Fame and received the Thomas Coffman Prosecutor for 2013 by the Oklahoma District Attorneys’ Community Service Award. She is a Mona Salyer Association and State Prosecutor of the Year for 2001 Lambird Spotlight Award recipient, and in 2017, the and 2004 by the Association of Oklahoma Narcotic American Board of Trial Advocates recognized her as Enforcers. In 2016, he was inducted into the Oklahoma Judge of the Year for the state of Oklahoma. She is a Law Enforcement Hall of Fame. He and his wife, proud mother of four boys and the wife of Patrick Kuehn. Shannon, live in Oklahoma City with their daughters, Caroline and Emma. The new Court of Criminal Appeals leaders will serve two-year terms.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 43 Litigation Material Changes to Deposition Testimony Through Errata Sheet By T.P. “Lynn” Howell
44 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL YPOTHETICAL: YOU ARE statement reciting such changes and The court did state it would Hfinally able to take the depo- the reasons given by the deponent guard against manipulation of sition of the opposing party, and for making them. The officer shall the rule by requiring errata sheet you are surprisingly successful. The indicate in the certificate pre- revisions to be made in good plaintiff admits several times he scribed by paragraph 1 of sub- faith and to contain a statement knew about your client’s so-called section G of this section whether of reasons for the changes. Also, fraud about four years before he any review was requested and, both the original answers and the filed suit. Since the statute of limita- if so, shall append any changes revised answers could be used at tions is two years, you promptly file made by the deponent during trial, under certain circumstances a motion for summary judgment. the period allowed. the deposition could be reopened You are shocked when you get to permit questioning about the the witness’s errata sheet a few You can see the statute permits changes and attorney sanctions days later and see he has reversed changes to a deposition transcript could even be considered.3 all the testimony you relied on to be made “in form or substance.” None of these measures, though, in your motion. He has changed That would appear to permit the would prevent your opponent from some dates and even switched revisions made by your hypotheti- blocking your summary judgment “yes” to “no” several times. He has cal opponent. Is that how our courts motion by altering otherwise dis- explained the changes by noting actually interpret that statute? positive testimony. You could chal- he had “misremembered” a few There are no published deci- lenge the good faith of the revisions, things or was “clarifying” his sions in Oklahoma on the issue. but that would call for briefing, a earlier testimony. Is this fair? Do If you were in Massachusetts, hearing and probably another depo- you still have a chance to win your though, the alterations would be sition, and would put summary summary judgment motion? allowed. In Smaland Beach Ass’n v. judgment far down the road. In Oklahoma, 12 O.S. 2010 Genova,1 the Supreme Judicial Court On the other hand, many federal §3230(F) reads as follows: noted, among other things, that one courts have held the analogous fed- witness had made errata sheet revi- eral rule, Fed.R.Civ.P. 30(e), does not F. REVIEW BY WITNESS; sions that changed “I’d say no,” to permit deponents to substantially CHANGES; SIGNING. The “I’d say yes,” and changed “I don’t change their earlier testimony via deponent shall have the oppor- believe … ” to “I believe … .” He errata sheet, especially if a sum- tunity to review the transcript clearly contradicted his previous mary judgment motion is pending of the deposition unless such testimony. Nonetheless, the court or the revisions appear to be lawyer- examination and reading are ruled that because Massachusetts driven. In fact, contrary to the waived by the deponent and by Rule of Civil Procedure 30(e) per- Massachusetts Supreme Judicial the parties. After being notified mits revisions “in form or sub- Court’s opinion, the latter is the by the officer that the transcript stance,” and because the “majority view now held by a majority of the is available, the deponent shall approach” in the federal courts federal courts of appeal, namely have thirty (30) days in which to permits such contradictory revi- the 3rd,4 6th,5 7th,6 9th,7 10th8 and review it and, if there are changes sions, the witness’s changes would 11th9 circuits. in form or substance, to sign a be allowed to stand.2
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 45 The leading case in the 10th Circuit is Garcia,10 in which the court stated, “We are dismayed with [the defendant]’s reliance upon errata from deposition testimony where that errata strayed substantively Since Oklahoma has enacted 12 O.S. §3230 from the original testimony.”11 The court went on as follows: to prevent lawyers from “coaching or bending” We do not condone counsel’s allowing for material changes witnesses’ testimony during a deposition, our to deposition testimony and certainly do not approve of the state should also adopt a rule to prevent such use of such altered testimony that is controverted by the orig- behavior after the deposition by strictly limiting inal testimony … Of all these courts, perhaps the Greenway12 revisions to testimony through errata sheets. court expressed the purpose of Rule 20(e) best: The purpose of Rule 30(e) is obvious. Should the reporter be subject to the same principle.16 the Oklahoma Discovery Code is make a substantive error, i.e., Our local federal district courts in “to provide the just, speedy, and he reported “yes” but I said Oklahoma have also applied this inexpensive determination of every “no,” or a formal error, i.e., 10th Circuit precedent.17 action.”25 That is because: he reported the name to be Oklahoma has already adopted “Lawrence Smith” but the the 10th Circuit’s “sham affida- Allowing the “make any proper name is “Laurence vit” rule. In Savage v. Burton,18 the changes you want” approach Smith,” the corrections by Court of Civil Appeals ruled a trial [to revising deposition tran- the deponent would be in court may reject an affidavit that scripts] would lead to substantial order. The Rule cannot be contradicts prior deposition testi- additional litigation expenses by interpreted to allow one to alter mony and expressly followed19 10th making it necessary to reopen what was said under oath. If Circuit law as set forth in Franks v. the deposition to explore the that were the case, one could Nimmo.20 Savage, in turn, was altered testimony. And, the merely answer the questions followed by Ishmael v. Andrew,21 approach inevitably will lead to with no thought at all then Tortorelli v. Mercy Health Center, longer trials as counsel pursue return home and plan artful Inc.22 and Kutz v. Deere & Co.23 the reasons for the changes on responses. Depositions differ It would therefore be proper, cross-examination. The result from interrogatories in that and certainly consistent, for would be to inject significant regard. A deposition is not a Oklahoma courts to also adopt the confusion and delay into the take home examination.13 10th Circuit’s similar rule that bars trial itself. That also would materially re-writing deposition cause trials to be longer and Following Garcia, in Burns v. testimony by means of an errata more costly. The rules may not Board of County Comm’rs of Jackson sheet. As stated by another court, be interpreted to that end.26 County,14 the 10th Circuit found the the “sham-affidavit doctrine … district court properly disregarded offers a close analog to the restric- For the same reason – to pro- the plaintiff’s “attempt to rewrite tive approach to errata sheets. It mote efficient and inexpensive case portions of his deposition,” analo- makes little sense to prohibit one resolutions – Oklahoma and other gizing the situation to one where but allow another, as this would jurisdictions have recognized there a litigant proffers a “sham affida- provide an effective workaround can be a problem with lawyers vit.”15 “We will disregard a contrary to the sham-affidavit doctrine.”24 coaching witnesses in depositions. affidavit … when it constitutes an This approach also would accord The Legislature acted on that attempt to create a sham fact issue,” with the Legislature’s statutory problem by enacting 12 O.S. §3230, and a deposition revision should pronouncement that the goal of which provides in pertinent part as
46 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL follows: “Any objection to evidence of Civil Appeals on this issue, Howell received his J.D. from the during a deposition shall be stated but there is at least one unpub- OU College of Law in 1983. He concisely and in a nonargumenta- lished decision in which the rule practices primarily in the areas of 27 tive and nonsuggestive manner.” suggested above was followed. commercial and appellate litigation. As one court has commented: In Stockard v. Stockard-Ware,30 the Oklahoma Court of Civil Appeals, ENDNOTES A deposition is meant to be a Division II, held that a trial court 1. 959 N.E.2d 955 (Mass. 2012). question-and-answer conver- can disregard a “material alteration 2. Id. at 969. 3. Id. at 969-70. sation between the deposing to deposition testimony” contained 4. EBC, Inc. v. Clark Bldg. Systems, Inc., 618 lawyer and the witness. There is in an errata sheet.31 The court cited F.3d 253, 267-70 (Third Cir. 2010), “A party may 32 not generate from whole cloth a genuine issue no proper need for the witness’s the 10th Circuit’s Burns case and of material fact (or eliminate the same) by simply own lawyer to act as an inter- quoted the Greenway case to the re-tailoring sworn deposition testimony to his or her satisfaction.” mediary, interpreting questions, effect that a “deposition is not a 5. Trout v. First Energy Generation Corp., 339 deciding which questions the take home examination.”33 One F.Appx. 560, 566 (Sixth Cir. 2009). 6. Thorn v. Sundstrand Aerospace Corp., 207 witness should answer, and hopes we will get a published deci- F.3d 383, 388-89 (Seventh Cir. 2000), “A change helping the witness to formulate sion soon from one of our appellate of substance which actually contradicts the answers. The witness comes to the courts that adopts this position or transcript is impermissible unless it can plausibly be represented as the correction of an error in deposition to testify, not to indulge even a revision of the statute by the transcription, such as dropping a ‘not’.” in a parody of Charlie McCarthy, Legislature. 7. Hambleton Bros. Lumber Co. v. Balkin Enterprises, Inc., 397 F.3d 1217, 1225-26 (Ninth with the lawyer coaching or bend- Cir. 2005), “Rule 30(e) is to be used for corrective, ing the witness’s words to mold a CONCLUSION and not contradictory changes.” 8. Garcia v. Pueblo Country Club, 299 F.3d legally convenient record. It is the Depositions are perhaps the most 1233 (Tenth Cir. 2002). witness – not the lawyer – who important part of the pretrial pro- 9. Norelus v. Denny’s, Inc., 628 F.3d 1270, 1281 (Eleventh Cir. 2010). 28 is the witness … . cess. Their purpose is to “pin down” 10. See n. 8, supra. a witness’s testimony for trial and 11. 299 F.3d at 1242 n.5 (emphasis added). 12. Greenway v. International Paper Co., 144 Since Oklahoma has enacted 12 sometimes also to elicit admissions F.R.D. 322, 325 (W.D. La. 1992). O.S. §3230 to prevent lawyers from that can support summary judg- 13. Emphasis added. 14. 330 F.3d 1275 (Tenth Cir. 2003). “coaching or bending” witnesses’ ment. This comports with the stated 15. Id. at 1282. testimony during a deposition, our goal of the Oklahoma Discovery 16. Id. 17. See in re Vickers, 2018 WL 6537128 (E.D. state should also adopt a rule to pre- Code, which is “to provide the just, Okla. Dec. 12, 2018); Saffa v. Oklahoma Oncology, vent such behavior after the depo- speedy and inexpensive determi- Inc., 405 F.Supp.2d 1280, 1283-84 (N.D. Okla. 2005); 34 Ruleford v. Tulsa World Pub. Co., 2006 WL 2727860 sition by strictly limiting revisions nation of every action.” To permit (N.D. Okla. Sept. 22, 2006); Fullbright v. State Farm to testimony through errata sheets. litigants to directly contradict their Mut. Auto. Ins. Co., 2010 WL 455179 (W.D. Okla. Feb. 2, 2010); Walker v. Kingfisher Wind, LLC, 2016 A federal district court accurately sworn deposition testimony by WL 4532336 (W.D. Okla. Aug. 29, 2016). summarized this view as follows: means of errata sheets undermines 18. 2005 OK CIV APP 106, ¶¶10-14, 125 P.3d 1249. 19. Id. at ¶¶11-13. this goal and encourages dishonesty 20. 796 F.2d 1230, 1237 (Tenth Cir. 1986). The purpose of depositions is and protracted litigation. 21. 2008 OK CIV APP 82, ¶¶16-17, 137 P.3d 1271. 22. 2010 OK CIV APP 105, ¶¶18-19, 242 P.3d 549. to determine the facts of the Possible solutions include the 23. 2015 OK CIV APP 6, ¶¶8-11, 342 P.3d 1018. case while the witness is under Legislature amending 12 O.S. 2010 24. Jackson v. Teamsters Local Union 922, 310 the scrutiny of examination. §3230(F) to bar that tactic, or the F.R.D. 179, 183 (D.D.C. 2015). 25. 12 O.S. §3225. The purpose is certainly not Oklahoma Supreme Court inter- 26. E.I. du Pont de Nemours & Co. v. Kolon to find out how the witness preting the statute in that manner Industries, Inc., 277 F.R.D. 286, 297-98 (E.D. Va. 2011) (emphasis added). answers questions with the in a published decision, as the 10th 27. 12 O.S. §3230(E)(1) (emphasis added). ability to calmly reflect on the Circuit and the federal district courts 28. Hall v. Clifton Precision, Inc., 150 F.R.D. 525, 528 (E.D. Penn. 1993) (emphasis added). responses for 30 days in col- in this state have already done. 29. Blair v. CBE Group Inc., 2015 WL 3397629 laboration with counsel. Under at *10 (S.D. Cal. May 26, 2015) (emphasis added). 30. No. 114,203 (Okla. Civ. App. Nov. 13, 2015). Plaintiffs’ theory that these errata 31. Id., slip op. at *4. are appropriate, the purpose of a ABOUT THE AUTHOR 32. 330 F.3d at 1282. 29 33. 144 F.R.D. at 325. deposition evaporates. Thomas Pitchlynn “Lynn” 34. 12 O.S. §3225. Howell is a director As noted above, there are no with the Oklahoma City published decisions from the law firm of Christensen Oklahoma Supreme Court or Court Law Group PLLC. Mr.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 47 Taxation Law Section Note 2020 Oklahoma Tax Legislation By Sheppard F. Miers Jr.
HE FOLLOWING IS A employees were amended to modify Catastrophic Health Emergency Tsummary of some changes the penalty for nonpayment.3 pursuant to the Catastrophic in Oklahoma law on state taxa- Health Emergency Powers Act, tion enacted by the Oklahoma Income Tax Withholding and Refunds including procedures for post- Legislature in the 2020 session The provisions of the Oklahoma ponement of delinquent tax sales.6 of the Legislature. Certain tax Income Tax Act related to withhold- bills passed by the Legislature ing of Oklahoma income tax were TAX PROCEDURE, in the 2020 session that were amended with respect to the release ADMINISTRATION vetoed by the governor are of the full social security number of AND STATUTES also summarized. taxpayers opting to receive a refund Tax Commission Requirements to through a card-based disbursement Provide Information to Legislators INCOME TAX system to an entity contracted with The statutory provisions pur- Credit for Cybersecurity Software / by the Tax Commission to imple- suant to which the Oklahoma Tax and Employees ment the system.4 Commission upon request shall The Oklahoma income tax credit provide information to members for amounts spent by a taxpayer for AD VALOREM TAX or employees of the Legislature cybersecurity and employees work- Exemption of Property Used for were amended. The written state- ing in cybersecurity was amended. Religious Purposes ments and estimates to be pro- The amendments modified defi- The ad valorem tax exemption vided were amended to include nitions and removed a provision for property used exclusively and a written statement outlining all for taxpayers, which allowed the directly for religious purposes analysis and methodology pro- credit to be eligible for participa- was amended. The amendments vided by or made available by tion in certain economic develop- provide for exemption of church the Tax Commission to the State ment programs.1 property that is allowed to be used Board of Equalization for pur- by an entity without rent or a lease poses of influencing or serving Railroad Reconstruction Credit if the entity conducts instruction as the basis for official action of The Oklahoma income tax to children for grades preschool the board. The requirements for railroad reconstruction credit was to 12th grade, including religious timing for the Tax Commission to amended. The amendments of the instruction consistent with the doc- provide estimates and statements credit changed the description and trines of the church. The exemption were modified.7 kinds of items to which the credit is allowed if the entity reimburses applies, the time period during the church for utilities, janitorial Legislation for Multiple Versions which the credit may be allowed services and similar expenses.5 of Tax Statutes and the amount of the credit a tax- An act was enacted relating to payer may claim and be allowed.2 Collection of Delinquent multiple versions of statutes and Ad Valorem Tax for amending, merging, consolidat- Collection of Income Tax Procedures governing the ing and repealing multiple versions from State Employees collection of delinquent ad valorem of certain statutes on state taxes.8 Oklahoma income tax collec- tax were amended with respect to tion procedures with respect to delinquent tax sales and resales in amounts of tax due from state the event the governor declares a
48 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL TAX BILLS PASSED BY THE low-income buildings investments 2. SB 1322, amending 68 O. S. Supp. 2019, LEGISLATURE AND VETOED to reduce the total of credits allo- §2357.104, effective Nov. 1, 2020. 3. HB 3068, amending 68 O.S. Supp. 2019, BY THE GOVERNOR cated for all qualified projects for §238.2, effective Nov. 1, 2020. The following bills on an allocation year from $4,000,000 4. SB 1149, amending 68 O.S. 2011 §2385.16, effective May 21, 2020. Oklahoma taxes were passed by to $2,000,000. The bill was vetoed 5. HB 2504, amending 68 O.S. 2011, §2887, the Legislature in the 2020 session by the governor.10 effective Jan. 1, 2021. 6. HB 2740, amending 68 O.S. 2011, §§3102, and vetoed by the governor: 3103, 3104, 3105 and 3148, and 68 O. S. Supp. Sales Tax Exemption for 2019, §3106, effective May 18, 2020. 7. HB 4142, amending 68 O.S. Supp. 2019, Ad Valorem Tax Five-Year University Hospital Trust §118, effective Aug. 19, 2020. Manufacturing Exemption A bill was passed by the 8. SB 1948, amending 68 O.S. 2011, Section 1004, as last amended by Section 2, Chapter 168, A bill was passed by the Legislature to add to listed public O.S.L. 2019 (68 O.S. Supp. 2019, Section 1004); Legislature, amending the ad entities that are eligible for sales repealing 68 O.S. 2011, Section 1004, as last amended by Section 1, Chapter 266, O.S.L. 2019 valorem tax five-year new manu- tax exemptions entities that have (68 O.S. Supp. 2019, Section 1004); repealing 68 facturing facility exemption. The entered into a joint operating O.S. 2011, Section 2357.32A, as last amended by Section 1, Chapter 287, O.S.L. 2019 (68 O.S. Supp. bill amended the statute to pro- agreement with the University 2019, Section 2357.32A, effective May 21,2020. vide relief from requirements to Hospitals Trust. The bill was 9. SB 1595, amending and repealing 68 O.S. 11 Supp. 2019, §2902; amendment effective upon maintain payroll levels, and other vetoed by the governor. approval and repeal effective Jan. 1, 2021. Vetoed by exemption requirements, in the cal- the governor May 21, 2020. See, www.sos.ok.gov, Oklahoma Secretary of State, Executive Legislation, endar year 2020. The bill also pro- Receiving List of House and Senate Bills and vided for repeal of the exemption ABOUT THE AUTHOR Resolutions, 2020, 57th legis. 2R Senate Bill:1595. 10. 10 HB 2760, amending 68 O.S. Supp. 2019, to become effective Jan. 1, 2021. The Sheppard F. Miers Jr. is a shareholder §2357.403, to be effective Jan. 1, 2020. Vetoed by 9 bill was vetoed by the governor. at the Tulsa office of GableGotwals the governor on May 18, 2020. See, www.sos.ok.gov, and practices in the areas of Oklahoma Secretary of State, Executive Legislation, Receiving List of House and Senate Bills and Affordable Housing Tax Credits federal, state and local taxation. Resolutions, 2020, 57th legis. 2R House Bill: 2760. A bill was passed by the 11. SB 1703, amending 68 O.S. Supp. 2019, §1356, to be effective July 1, 2021. Vetoed by the Legislature amending the governor May 18, 2020. See, www.sos.ok.gov, Oklahoma income tax credits ENDNOTES Oklahoma Secretary of State, Executive Legislation, 1. SB 1204, amending 68 O. S. Supp. 2019, Receiving List of House and Senate Bills and allowed for qualified projects of §2357.405, effective July 1, 2020. Resolutions, 2020, 57th legis. 2R Senate Bill 1703.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 49 From the Executive Director Something Different OBJ Court Issue Evolves By John Morris Williams
E ARE TRYING something hoped we can realize savings of explore and develop this new Wdifferent at the OBA this approximately $40,000 a year. To publication into something that year. For the past several years achieve this end, we are launching is easy to navigate and reduces after we stopped printing the a new publication called “Courts & the number of emails the OBA is court opinions on paper, we More.” It is our intent to send a sending out. Thus, the title of the continued to have the opinions more condensed and user-friendly new publication is reflective of formatted, so the digital version publication containing links to the looked exactly the same as what opinions and other valuable infor- we used to print. In order to mation weekly. We will continue continue that practice, the OBA to print and publish 10 issues of retained the artist who formatted the monthly Oklahoma Bar Journal and put the print version together. with scholarly articles and other This came at no small expense. great content. As we began building the 2021 In the past, we sent out an often budget, it became apparent the rather large PDF digital publi- OBA would suffer some signifi- cation that takes some time to cant revenue losses due to the pan- download and required members demic. One of the ways we could to scroll through several pages to continue to provide the court opin- view the content. The new publica- ions, with a cost savings, was to tion will be provided to members bring the publication of the digital soon after opinions are released in court opinions publication totally a much shorter and user-friendly in-house. By bringing the entire format. It is a work in progress, publication process in-house, it is and it is our intent this year to
50 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL be expected this new publication, as well as other OBA communi- It is a work in progress, and it is our intent this cations, may undergo continuing change. I asked for your patience year to explore and develop this new publication and feedback as we undertake this new endeavor. While we have into something that is easy to navigate and other stated goals, our primary goal, as always, is to provide good reduces the number of emails the OBA is member service and valuable information in a way that is sending out. most beneficial to OBA members. 2020 gave us many learning opportunities. One of the things that happened when the entire world went digital and virtual opinions and other information The publication deadlines is that our email boxes got fuller from the courts, plus other content will closely follow the weekly and fuller. As we move into 2021, that might otherwise have been release of appellate court deci- we will strive to have the OBA be sent out in separate emails. sions. Although the information is more targeted (fewer emails) and Basically, the court portion of readily available on OSCN.net, the useful (stuff you need or want) in the new publication will contain new publication will continue to its communications. If 2020 taught a link to each of the new opinions be a reminder and quick guide to us anything, it is that something every week and other information the release of new opinions. It will different can also be better. I hope from the courts. Our vision is also contain other information, this is one of those instances. that members will receive a much such as links to CLE courses, clas- On behalf of all of us at the shorter publication with links to sified ads and meeting reminders. OBA, I wish you a safe, happy all the published opinions and A primary goal is to provide more and prosperous new year. other items of interest. We know of a one-stop source of information all of you are busy, and hopefully, and eliminate some of the mass this new format will allow you emailing by the CLE Department to quickly scan the content and and others. select what information you wish Obviously, this is a big change, to click on and fully review. The and it will take some time for us To contact Executive Director Williams, goal is to replace downloading a to perfect and develop this new email him at [email protected]. lengthy PDF file with a more con- publication. During 2021, the OBA densed publication that is easy to will be undertaking a review of review, similar to the eNews. its communication and market- ing strategies. Therefore, it can
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 51 Law Practice Tips We Are All Virtual Lawyers Now By Jim Calloway
52 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL ANY LAWYERS learned to communications today arrive in law 8 to 12, and the registration fees are Muse new technology tools in offices via the internet. discounted this year. OBA members 2020, and many learned to better The emergence of cell phones can use event promoters code EP 2109 use the technology tools they had freed a lawyer from having to wait for a discount on full registration. at their disposal. While we all look for a call next to a phone tethered to After speaking with Brooke forward to society returning to the wall. Then word processing tools at ABA TECHSHOW and being normal in 2021, some of the changes and email changed the meaning of very impressed, I invited her to we have experienced will no doubt document itself to something digital, speak at the OBA Solo & Small become permanent fixtures in digitally created and reviewed, even Firm Conference in 2018. There business operations, with increased though we often still printed and was quite a response to her presen- videoconferencing being one. legal matters sometimes required a tation on operating a virtual law Most would not describe it this physical document. Today, our smart- practice. She fielded lots of ques- way, but law firms have been oper- phones are used for email and (pun tions. I recall one lawyer saying to ating on a part-virtual, part-physical intended) virtually everything else. me after the program, “This is the service delivery model for some way I want to practice law.” time now. It is almost certain secure WHAT IS A VIRTUAL A completely virtual law prac- videoconferencing will now be a LAW PRACTICE? tice is not something I recommend part of the virtual delivery of legal I’ll use this definition of virtual to lawyers right out of law school. services. I recognize many of us for the moment: “occurring or I think you need some real-world are dealing with some version of existing primarily online.”1 experience doing it the traditional “Zoom fatigue” and are ready to One of the great things about way to round out your legal edu- get back to increased face-to-face attending ABA TECHSHOW is cation first. But the main reason is meetings. Representing clients who meeting so many smart people. At solo practice can be isolating, and a are not physically present is not ABA TECHSHOW 2018, I was paired virtual law practice is even more so new. Before the internet, lawyers to speak with Brooke Moore, a lawyer because court appearances are rare. represented out-of-state clients and from Arkansas who operates a virtual I think to succeed, you need a net- service members on deployment law practice. Her Twitter account work of lawyers to talk things over without their physical presence in is @virtuallawgirl. In Brooke’s with and meet for lunch regularly. the law office. law practice, legal services are not Brooke has since done presen- We had been seeing developments delivered face-to-face, but virtually. tations at other legal events about leading to law practices being less There is a physical location where virtual law practice, including Clio tied to a physical location over the mail is received, clients can pick up Virtual Cloud Conference 2020. But as last decades. In the olden days of law or leave documents, sign documents the pandemic hit, her business model practice, documents appeared in the and get a signature notarized. But was positioned well to serve clients law office because someone carried appointments with one of the firm’s concerned with limiting contact. them in – a postal worker, a client lawyers are all online. Clients who or a courier. The only instantaneous have challenges taking off time from WHY SHOULD I BE A electronic communication method their employment are pleased it is VIRTUAL LAWYER? was the telephone, attached firmly in easy to schedule an appointment in As we look at our profession today, place by a cord. Today, while law- the evening or early morning. with many legal professionals still yers are still regular users of the U.S. By the way, ABA TECHSHOW is surrounded by stacks of physical files Postal Service, most documents and virtual this year, the week of March and paper documents, why would
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 53 I say we are all virtual lawyers now? and the lawyer knows the lay of MANY LEGAL SERVICES One big reason is consumer pref- the land. A regular ad in the local CANNOT BE DELIVERED erences. More people are shopping newspaper with the lawyer’s name, VIRTUALLY and purchasing goods and services now offering virtual legal services, I will concede that is true, but I’ll online. A tradition-steeped lawyer the phone number and the website also note a year ago, most lawyers might view online legal service deliv- address may spark a lot of interest. would have thought holding virtual ery as something unusual. But for 2) A lawyer who has to have a court hearings was an impossibility. many consumers, making purchases more flexible schedule because of a Lawyers must be willing to and purchasing decisions online is family member’s medical needs or innovate. Every study indicates familiar and commonplace. They another situation. One’s schedule can there are large numbers of con- have no reason to view legal services, be very flexible in a virtual practice. sumers who do not consult with particularly “routine” services, as 3) A lawyer who loves their lawyers because of a number of different from other online consumer hometown and isn’t leaving but has factors, including not recognizing shopping. Convenience is also a noted a shrinking local population they have a legal problem where a major factor for today’s consumer, and few new businesses opening. It lawyer can help (i.e., this paycheck whether it is not having to take off may be time to consider expanding garnishment is a financial problem, work for an appointment or just log- into a broader geographical area not a legal one), don’t know how to ging into the client portal during the with marketing and virtual legal look for a lawyer or believe lawyers evening after the children have gone service delivery. are unaffordable. Instead of focus- to bed to review the legal documents 4) An experienced family law ing on the competition the internet and answer or ask questions. practitioner who has decided they brings, it may be time to look at What about the lawyer’s goals and have fought their last courtroom expanding your services to serve career plans? Whether you grew up battle, weary of the emotions of that more of those individuals. watching Perry Mason, Matlock or The practice setting. Instead of never Let’s look at one legal service Practice, the idea of spending time hit- using that experience again, maybe most lawyers would say should ting send on an email or uploading a restyled practice includes being an not be delivered virtually – the documents to a client portal may expert witness, being a paid strate- execution of a will and other estate not be your idea of a law practice. gic consultant to a lawyer building planning documents. Although traditional practice settings already involve a fair amount of those digital daily tasks. But whatever fictional lawyer you may have read about or watched on the screen, the truth remains that lawyers help their clients and attempt to solve their legal problems. It is just that some commer- cial activities have been changed by technology. Just ask the travel agents! Despite Brooke’s example, this need not be an all-or-none decision. Many small firm lawyers repre- senting primarily consumer clients may decide to add a virtual services component to their law practice.
WHO MIGHT CONSIDER OFFERING VIRTUAL LEGAL SERVICES? Here are a few scenarios: their family law practice and doing First, let me acknowledge the 1) A lawyer who has moved across several uncontested waiver divorces outstanding effort put forth by the state after living in one county for under a limited scope legal services the OBA Estate Planning, Probate a long time. It may be a good business model. Not all virtual law practices and Trust Section in 2020. When decision to offer virtual services in a will offer limited scope services, but lawyers were considering how to place where many know the lawyer many will as we note below. accomplish the execution of these
54 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL important documents in the age of idea. Innovation entails some form or large part of your law practice, COVID-19, the section responded of risk-taking, and some of these it is important to have an attrac- with a number of virtual discus- ideas are certainly not for everyone. tive internet presence that clearly sions and numerous CLE programs explains your services. This site will for its members. Even if you have HOW DO LIMITED SCOPE most likely need to be promoted already paid your 2021 bar dues, it LEGAL SERVICES FIT IN? through social media. People famil- is not too late to join the section. In June 2017, the Oklahoma iar with online shopping are used to Lawyers appreciate that will Supreme Court adopted District seeing fixed prices. Many of us have executions need to go perfectly. Court Rule 33, which sets forth years of experience passing over So, a part of the service the lawyer the procedure for attorneys to use websites that want you to set up a provides is the execution ceremony when drafting pleadings or other meeting for a quote. So, to the extent in the law office, where a notary documents for self-represented lit- a lawyer offers fixed fees and list the is available, and the lawyer could igants to present to a district court, amount of the fees (with appropriate make certain everyone signs in the without the lawyer entering an disclaimers) on the website, there right places, and other formalities appearance. The rule requires attor- will be an advantage over others are observed. Letting a client execute neys to disclose the drafting assis- who do not. estate planning documents on their tance by indicating “their name, A method for efficiently receiving own would be considered very address, bar number, telephone and processing electronic payments risky. The lawyer receiving their number, other contact information is required. For those that offer a copy and noting a serious mistake and, optionally, a signature” along telephone, videoconference or in- in execution at the same time they with a statement the attorney is not office consultation as a part of their learn the client has unexpectedly appearing as the counsel of record. service delivery, there needs to be a died sounds like a nightmare law The OBA Management way for new prospects to schedule school hypothetical on liability and Assistance Program maintains an an appointment online without wait- professional responsibility. But more Oklahoma Limited Scope Legal ing for the law office to open. importantly, it could mean the law- Services Resources page at www. yer failed to deliver the service the okbar.org/map/lss with sample CONCLUSION client required. If only there were a agreements and processes and other Maybe we aren’t all virtual law- way a lawyer could supervise a will helpful information. yers yet, but we are all using more execution remotely. Maybe using This court rule and the OBA- virtual tools today. No one thinks some device everyone carries. provided materials outline a pro- a videoconference meeting is novel Yes, a lawyer remotely viewing a cess where agreed orders, degrees now. Lawyers who primarily deliver will execution over FaceTime or any and other simple litigation pro- legal services to individual con- phone videoconferencing solution cesses can be handled by a client sumers will see more opportunities can make certain the legal require- appearing without the lawyer phys- ahead to deliver their services vir- ments are observed, and the lawyer ically being present but empow- tually. We’ve seen a lot of changes can review the executed document ered by the lawyer’s instructions with both our profession and the virtually before anyone leaves the and the paperwork the lawyer has delivery of all types of services by room. Of course, there’s still the prepared. Many lawyers wanting businesses over the last few decades. notary issue, and in the event the to deliver virtual legal services will For some, being a virtual lawyer documents are executed at a client’s make use of this procedure. Simply will be an opportunity to expand or home, a copy machine may not be put, if you’re a family lawyer prac- redesign their business model. available. An innovation-minded ticing in Oklahoma City and your lawyer might contract with a local cousin needs an agreed waiver notary to handle these tasks, provid- divorce in Atoka, it is no longer Mr. Calloway is OBA Management ing the phone video link for the law- necessary for you to take a road trip Assistance Program director. Need yer to observe, notarizing and either to Atoka or recruit a local lawyer to a quick answer to a tech problem bringing a small portable copier or help your cousin out. We are seeing or help solving a management taking pictures of each page of the more lawyers utilizing this rule – dilemma? Contact him at 405-416- finalized documents and converting and not just to help out a cousin. 7008, 800-522-8060, jimc@okbar. those to a PDF. Or, maybe one of org. It’s a free member benefit. the law firm staff becomes the will BUT WAIT, THERE’S MORE! execution road trip warrior. Some If you will be delivering vir- ENDNOTE lawyers may think this is still a risky tual services, whether as a small 1. www.merriam-webster.com/dictionary/virtual
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 55 Ethics & Professional Responsibility Attorney Discipline Decisions By Gina Hendrix
RIMINAL CONVICTIONS, be publishing negative informa- a flood of emails to the servers Cembezzlement of estate funds tion about him online. Pistotnik of Ripoff Report (regarding the and neglect of client matters have gave the website developer full negative review), Leagle (which resulted in serious discipline access to his office computers had hosted/published the Kansas for Oklahoma attorneys. The and passwords. Supreme Court’s opinion impos- Oklahoma Supreme Court has Pistotnik searched the web and ing prior discipline upon respon- recently issued attorney disci- found an article on RipoffReport. dent) and the Arizona law firm pline opinions, which ranged com describing him as a crimi- that represented Ripoff Report from disbarment to lengthy nal. He immediately emailed the in an effort to frustrate the recip- suspensions in these recent website developer asking him ients and cause them to remove 2020 disciplinary cases. how to get rid of it. Pistotnik was all information pertaining to told the developer had a friend Pistotnik. These emails impaired STATE EX REL. OKLA. BAR who could “de-index” negative and crashed the servers of all ASS’N V. PISTOTNIK, 2020 OK 93 articles and build new, positive three entities, rendering their Oklahoma and Kansas licensed pages to make the unwanted con- communications and data inac- attorney Bradley Pistotnik pled tent appear further down in the cessible. Along with the emails, guilty to three counts of acces- search results. Pistotnik testified the website developer sent the sory after the fact in violation of he agreed only to this legal de-in- following threat separately to all 18 U.S.C. §3 in the U.S. District dexing service. The developer sent three victims, each reflecting the Court for the District of Kansas. extortionate threats and initiated particular site’s name: Respondent’s indictment was quite lengthy, though, in the end, he pled to three counts of acces- sory after the fact and was sen- tenced to payment of a $375,000 fine, restitution of $55,200 and a special assessment of $300, all due immediately in a lump sum of $430,500. Respondent paid this amount in full on the day of his plea and sentencing. Pistotnik had hired an indi- vidual to create an online pres- ence for his new law firm. He paid the website developer $5,000 to build a website, serve as an IT expert in a dissolution proceed- ing and assist with online reputa- tion management. Pistotnik was concerned after the fallout at the firm his former law partner may
56 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Remove this page and we stop that Pistotnik had excluded On Feb. 20, 2020, Janzen entered [link of subject article removed] two incriminating emails from her plea of no contest to the felony … [I]f you don’t remove it we evidence. At this point, the FBI of false pretenses/con game, will begin targeting your adver- learned the full extent of Pistotnik’s 21 O.S. O.S. 1541.2, wherein she tisers and explain that this will business relationship with the admitted to representing herself stop happening to them once website developer. as an attorney knowing her license they pull their ads from leagle. The Oklahoma Supreme Court to practice law was suspended. com or leagle.com kills this page found the respondent accepted and Janzen admitted she took money … [link removed] You have 4 helped conceal the fraud when he on the pretense of providing hours before we start hitting believed it was carried out to his legal representation in a litigation your advertisers. benefit and reported it only after matter with the intent to cheat and learning the larger scheme was deprive the victims of $7,100 for As the communications were against him as well. Respondent’s practicing as their lawyer. Janzen still inundating the businesses, dishonesty regarding the true agreed to an eight-year sentence two attorneys from the firm rep- nature of his and Dorsett’s involve- in the custody of the Oklahoma resenting Ripoff Report contacted ment in the attacks led to his Department of Corrections, with Pistotnik. The attorneys advised criminal conviction. Pistotnik was all years suspended. She was Pistotnik they were recording the suspended from the practice of law ordered to pay a $1,000 fine, resti- phone call. Pistotnik denied hav- in Oklahoma for two years and one tution of $7,100, with a notation she ing any knowledge or involvement day. He still has a discipline case had already paid $1,000 of restitu- and falsely stated he had never pending in Kansas. tion, and court costs. Janzen was asked or hired anyone to help him ordered to make monthly pay- with reputation management. The STATE EX REL. OKLA. BAR ments to begin March 10, 2020. lawyers asked Pistotnik repeat- ASS’N V. JANZEN, 2020 OK 98 The Oklahoma Supreme Court edly if he knew any information Greer County attorney Carolyn found Janzen’s conviction demon- that could help them in any way, Janzen was admitted to the strated her unfitness to practice emphasizing their servers were on Oklahoma Bar Association in 1994 law and entered an order of disbar- the brink of crashing unless they but was stricken from membership ment. In doing so, the court stated: identified the attacker. in 2004 for non-payment of dues. Months later, Pistotnik learned In 2010, Janzen was paid $7,000 Janzen’s license to practice the website developer had actu- in legal fees. She never appeared law had been stricken from ally caused the publication of the in court and requested continu- the membership rolls since negative articles in a larger ploy to ances of hearing dates. In 2011, the September 20, 2004. Almost also extort respondent in addition district court was notified Janzen eight years later, she know- to the other three victims. At this was not licensed to practice law. ingly misrepresented herself point, respondent went to the FBI In 2012, a warrant for her arrest as a licensed attorney in order and reported the developer. Doing was issued for her taking of legal to obtain money under false so, he described the events as if fees under false pretenses. Janzen pretenses for legal representa- he was completely innocent in the moved out of state, and the crimi- tion. Janzen’s criminal conduct scheme. The FBI agent who inves- nal matter remained open. was intentional and moreover, tigated the criminal case testified she used her prior attorney
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 57 licensure status in creating STATE EX REL. OKLA. BAR Respondent’s conduct in this this deception. Her actions ASS’N V. GIERHART, 2020 OK 72 regard amounts to misappropria- resulted in a gross breach of Choctaw attorney Douglas tion. Most notably, his attempt to trust and serious interference Gierhart’s license to practice law obtain the Order Allowing Final with the administration of was suspended for two years Account without providing any justice. Janzen’s plea to a felony and one day due to his misman- notice to the client or adminis- involving intentional dishon- agement of a probate matter that tratrix is evidence of an intent esty regarding her licensure included the misappropriation to deprive the Felty estate of the status for personal gain facially of estate funds. Gierhart had funds in question through fraud demonstrates her unfitness to obtained an order allowing final and deceit. Based on the totality practice law and her blatant account without providing any of the Respondent’s behavior, disregard for the Bar and this notice to the client or administra- we find that Respondent mis- Court. Janzen has not filed trix. The order approved attorney appropriated the $18,548.21 in any response to this summary fees but was vacated due to the violation of Rule 1.15. proceeding and has not pro- lack of notice to the heirs. The vided any evidence to support trial court ordered the return of FREE ETHICS ADVICE the mitigation of the severity the estate funds in the amount of Should you have an ethics ques- of discipline in this matter. The $37,000. Gierhart failed to return tion, take advantage of obtaining Bar Association has recom- the entire amount to the estate. informal advice and interpreta- mended disbarment. We hold The Oklahoma Supreme Court tions of the rules of attorney con- that the appropriate discipline found evidence of an intent to duct from Ethics Counsel Richard for Janzen’s conviction is dis- deprive the estate of the funds Stevens. It’s a free member benefit. barment. It is the order of this through fraud and deceit. The Advice given is memorialized Court that Janzen’s disbarment court’s discipline opinion stated: through a confidential and pro- is to be effective from the date tected database. You’ll find more of her suspension from the information at www.okbar.org/ec. practice of law, March 27, 2020.
Ms. Hendryx is OBA general counsel.
58 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL
Board of Governors Actions Meeting Summary
The Oklahoma Bar Association Council Fall Conference. He REPORT OF THE SUPREME Board of Governors met remotely attended multiple virtual DAC COURT LIAISON and at the Oklahoma Bar Center on Legislative Committee meetings, Justice Rowe reported everyone Friday, Nov. 6, 2020. DAC board meeting, Oklahoma is well, and power was restored District Attorneys Association at the judicial center after several REPORT OF THE PRESIDENT board meeting and DAC/ODAA days of no electricity caused by President Shields reported she Fall Conference. Governor Pringle the ice storm. attended multiple planning meet- reported he worked with Executive ings for the OBA Annual Meeting Director Williams on planning for REPORT OF THE and wrote her last president’s mes- the Legislative Kickoff and pre- GENERAL COUNSEL sage for the Oklahoma Bar Journal. sented at the Financial Institution General Counsel Hendryx and Commercial Law Section’s reported the Professional REPORT OF THE Annual Banking and Commercial Responsibility Commission met last VICE PRESIDENT Law Update seminar. He attended week, and it went well. There will Vice President Nowakowski the Oklahoma County Bar be no November meeting, but it will reported she recorded a welcome Association’s Briefcase Committee meet in December. A written report message for the Annual Meeting. meeting and wrote an article of PRC actions and OBA disciplinary for the publication. Governor matters for September was submit- REPORT OF THE Williams reported he participated ted to the board for its review. EXECUTIVE DIRECTOR in a preparation session of Pupilage Executive Director Williams Group 3 of the Council Oaks/ BOARD LIAISON REPORTS reported he worked on the Annual Johnson-Sontag American Inn of Governor Williams said the Meeting and preliminary plan- Court for an upcoming presenta- Diversity Committee event will ning of Legislative Kickoff with tion to the inn. take place next week during Legislative Monitoring Committee Annual Meeting. Governor Chair Miles Pringle. Hermanson said the Law Day
REPORT OF THE PAST PRESIDENT Past President Chesnut reported he did a welcome video for the Annual Meeting and read a portion of the in memoriam trib- Governor Hermanson said the Law Day Committee ute during General Assembly. sent out contest promotion postcards to teachers. BOARD MEMBER REPORTS Governor Hermanson reported The Law Day theme will be Advancing the Rule of he videotaped his Annual Meeting welcome, sent trivia questions and Law Now. taught a CLE program on the U.S. Supreme Court and Oklahoma Court of Criminal Appeals case update at the District Attorneys
60 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL Committee sent out contest ANNUAL MEETING UPDATE promotion postcards to teach- Educational Programs Director ers. The Law Day theme will Johnson said CLE programming be Advancing the Rule of Law has been recorded with two pro- Now. Governor Pringle said the grams taking place live. The opioid Legislative Monitoring Committee panel presentation has been filmed is gearing up for Legislative Kickoff. by Reggie Whitten’s award-winning film crew with the Q&A portion APPOINTMENTS to be live. She reviewed the The board approved President- schedule of events. Five hours of Elect Mordy’s recommendations: ethics will be offered. Executive Board of Editors – reappoint Director Williams reviewed the Melissa DeLacerda, Stillwater, as events to take place at the House chairperson with a term to expire of Delegates. Board members were 12/31/2021; reappoint associate asked to take photos of themselves editors Cassandra Coats, Vinita watching Annual Meeting pro- (Dist. 1) and Aaron Bundy, Tulsa gramming. Strong content and a (Dist. 6); and appoint David Eual combination of fun, social events Youngblood, Atoka (Dist. 2) with will be offered. terms to expire 12/31/2023. Professional Responsibility UPCOMING EVENTS Commission – appoint Matthew C. President Shields reviewed Beese, Muskogee, and Heather upcoming events. She said the Burrage, Durant, with terms to board’s holiday party may be expire 12/31/2023. delayed. Executive Director Williams said the Supreme Court has voted APPOINTMENTS Justice Darby as chief justice. He also President-Elect Mordy reported the Board of Governors announced he has made the swearing-in ceremony in January following appointments: will be a virtual event, and the has Audit Committee – appoint been party will be postponed. Amber Peckio Garrett, chairper- son with term expiring 12/31/2021; NEXT MEETING members Andy Hutter, Norman, The Board of Governors met in with term expiring 12/31/2021; December. A summary of those Michael Davis, Durant; and Joshua actions will be published in the Edwards, Ada, with terms expiring Oklahoma Bar Journal once the min- 12/31/2022. utes are approved. The next board Board of Medicolegal meeting will be Friday, Jan. 15 via Investigations – reappoint Glenn BlueJeans immediately following Huff, Oklahoma City, to a one-year the swearing-in ceremony for new term expiring 12/31/2021. officers and Board of Governors members.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 61 Bar Foundation News Meet 2021 OBF Board President Jeffery D. Trevillion Jr.
Why did you decide to be a lawyer? I am a “career changer.” I was a CPA before starting law school and on track to get an MBA. I decided to become a lawyer because I have a pas- sion for helping people in tough situations and to do my part to ensure people are treated as fairly as possible. Explain the leadership roles you hold in your profession or community and why these responsibilities are important to you. I have had several opportunities for leadership, not only in our legal profession but also in the greater Oklahoma community as well. I was in the OBA’s inaugural Leadership Academy, YLD Board of Directors, chair of the Diversity Committee and president of the Oklahoma County Bar Foundation. In a nonlegal capacity, I have served on vari- ous committees in the OSCPA, on the board of the Clara Community Health Center, as president of my neighborhood association and am a past master of the King Solomon Lodge No. 57 in Norman. The leadership roles above were all important to me for various rea- sons. Generally, I try to give my time to activities that uplift us all, better our community or provide prospects for developing new friendships. All the above activities have achieved that criteria in one way or another. Jeffery D. Trevillion Jr. What would you tell current law students and young associates about the importance of professional and civic responsibility? Law School: University of Like it or not, lawyers are leaders. First, you are an attorney 24 hours of Oklahoma every day and must govern yourself accordingly. You will be expected to know more than the average bear and to contribute to the growth and devel- Graduation 2007 opment of our society. Finally, we have all taken an oath to uphold the U.S. Year: Constitution, and we must endeavor to do so, even when it is unpopular. Current Doerner What is your biggest pet peeve with modern technology? Employer: Saunders I see many people missing out on full experiences and being present in Daniel & the moment by trying to capture the “selfie” and share it on social media. Anderson LLP We have nearly an entire generation of people who feel like, “If it isn’t on Location: Oklahoma City social media, it didn’t happen.” What is on your bucket list? I would like to visit the ancient pyramids of Africa. What are your goals as 2021 OBF board president? As the 2021 OBF board president, I would like to find a way to recognize our 75th year of supporting worthy programs that provide legal services to underserved communities despite the limitations due to the current pandemic. I would also like to better utilize From left Shana, Jafari, Akwe technology to fulfill the mission of the OBF. and Jeff 62 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL
Young Lawyers Division A Year of Commitment and Community By April Moaning
N BEHALF The program provides financial understands our ability to participate Oof the YLD, assistance to lawyers who are facing in traditional community service I wish you difficultly paying their OBA dues. I activities has been, and may continue health, wealth encourage you to submit an applica- to be, temporarily hindered. We intend and happiness tion if you are in need of assistance. to partner with various OBA com- in the new year Your sacrifices do not go unnoticed. mittees, such as the Access to Justice ahead! A new We need you in our legal profes- Committee, to implement COVID- year brings sion, and we desire to help alleviate friendly projects that positively impact new possibili- a portion of your financial stress. the entire socio-economic spectrum. ties, and I am Please visit www.okbar.org/kif for 2021 YLD Chair honored I have additional information on ways to WE LOOK FORWARD TO April Moaning been entrusted donate to the program, participate in WORKING WITH YOU with an opportunity to lead the the kickball tournament and/or com- We welcome all members of the YLD under the supervision of OBA plete the application process. The OBA to join the YLD in our commu- Executive Director John Williams deadline to nity service endeavors. Participation and President Mike Mordy. I am apply for in YLD is extremely rewarding. Not also grateful for the young lawyers assistance only will you have an opportunity who have volunteered to serve on is Jan. 31. to meet life-long friends, but you the YLD Board of Directors and will enhance your leadership skills further the goals and mission of the OUR COMMITMENT and network with attorneys within OBA. Please visit www.okbar.org/ TO THE COMMUNITY the OBA and across the country. We yld/board for a complete list of the Serving the community is of encourage all lawyers who have been YLD Board of Directors. the utmost importance to the YLD. practicing for 10 years or less to join Although we had to pause our our monthly meetings and events. THE YLD THANKS YOU community service efforts due to Information about our upcoming I would be remiss if I did not unprecedented times, we look forward meetings can be located on our OBA start by acknowledging each attorney, to formulating creative ways to serve website and the YLD Facebook page. judge and legal professional for their our community during this upcoming I am hopeful during the upcom- service to the community during this year. As a nation, we have to adjust ing year, we will all have an difficult time. Many of us have made how we conduct business. This rings opportunity to enjoy the in-person the decision to sacrifice our health, true when it comes to re-envisioning company of one another. May 2021 safety and comfort in order to ensure how we serve the community. be an extraordinary year! our clients’ rights are protected. One of our most impactful and In addition, many businesses and requested community service proj- individuals in the legal community ects has been our Wills for Heroes Ms. Moaning practices in Oklahoma have encountered various financial program. We hope to take steps to City and serves as the YLD obstacles. With that in mind, I wish expand the program services to our chairperson. She may be contacted to highlight the “Kick It Forward” nurses and medical professionals who at [email protected]. program that was spearheaded by have served on the front line during Keep up with the YLD at www. 2015 YLD Chair LeAnne McGill. this pandemic. Additionally, the YLD facebook.com/obayld.
64 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL
For Your Information
NEW OBA BOARD OF GOVERNORS OFFICERS AND MEMBERS TO IMPORTANT UPCOMING BE SWORN IN VIRTUALLY JAN. 15 DATES Chief Justice Richard Darby will swear in Mike Don’t forget the Oklahoma Mordy of Ardmore as OBA president on Friday, Jan. 15. Bar Center will be closed In light of pandemic safety precautions, the event will Monday, Jan. 18, in observance of be conducted virtually. New officers to be administered Martin Luther King Jr. Day and their oaths of office will be Vice President Charles E. Monday, Feb. 15, in observance Geister III of Oklahoma City, President-Elect James R. of Presidents’ Day. Also, be sure Hicks of Tulsa and Past President Susan B. Shields of Oklahoma City. New to docket the 2021 Solo & Small board members to be sworn in are Michael R. Vanderburg, Ponca City; Firm Conference at the Choctaw Richard D. White Jr., Tulsa; Benjamin R. Hilfiger, Muskogee; Kara I. Smith, Casino Resort June 10-12. Oklahoma City; and April J. Moaning, Oklahoma City.
OBA MEMBER RESIGNATIONS LEGISLATIVE KICKOFF SET FOR JAN. 29 The following members have The Oklahoma Legislature reconvenes in February and hundreds of resigned as members of the associ- bills will be prefiled. Much of the proposed legislation could affect the ation and notice is hereby given of administration of justice, and some will undoubtedly affect your practice. such resignation: Join the OBA Legislative Monitoring Committee at 9 a.m. Friday, Jan. 29, remotely as they identify top bills of interest to the OBA and your practice Ellen Traub Martin area. Plus, earn six hours of MCLE credit for your participation. Topics OBA No. 13536 will include bills concerning family law, government, civil procedure/ 10900 Research Blvd., Ste. 160C, #157 courts, cannabis and corporate law. There will be a presentation by OBA Austin, TX 78759 Legislative Liaison Clay Taylor regarding how bills become laws in Oklahoma and a panel of legislators to discuss questions. To register, Ann McNeil Threlkeld visit www.bit.ly/37sRTpD. OBA No. 9006 4201 Oakdale Forest Road Edmond, OK 73013 COURT OF CIVIL APPEALS JUDICIAL ASSIGNMENTS ANNOUNCED The Court of Civil Appeals judicial assignments have been announced. William Craig Barton Barbara G. Swinton of Oklahoma City will serve as the chief judge, and OBA No. 14408 John F. Fischer of Tulsa will serve as vice chief judge. The following have 6384 Hoochanectsa Blvd. been selected to serve as presiding judge for their division Brian Jack Cochiti, NM 87083 Goree, Oklahoma City, Division I; Jane P. Wiseman, Tulsa, Division II; Trevor Pemberton, Oklahoma City, Division III; and Stacie L. Hixon, Tulsa, Leann Bradley Donaldson Division IV. These positions are all a one-year term that began Jan. 1. OBA No. 2416 3161 S. Mulberry Court Gold Canyon, AZ 85118 MARK YOUR CALENDARS FOR DAY AT THE CAPITOL MARCH 23 Mark A. Donaldson Oklahoma lawyers, let your voices be heard! OBA No. 2417 The OBA will host its annual Day at the Capitol 3161 S. Mulberry Court Tuesday, March 10, virtually from 9:30 a.m. to noon. Gold Canyon, AZ 85118 The agenda will feature speakers commenting on legislation affecting various practice areas, and Virginia M. Amis there will also be remarks from the judiciary and OBA No. 13934 bar leaders. Gouras & Amis PLLC 20415 S. 72nd St., Ste 420 Kent, WA 98372
66 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL BOARD OF BAR EXAMINERS HIRES NEW ADMINISTRATIVE DIRECTOR Board of Bar Examiners Chair Tommy Dyer of Jay announces the hiring of Cary Pirrong as the administrative director to the board. Mr. Pirrong most recently worked for Oklahoma City Community College as its director of equity and compliance. He is a 1990 graduate of the OCU School of Law. He will succeed Cheryl Beatty, who will retire in the spring. Ms. Beatty has served as administrative director since 2008 and had previously served in various position with the OBA since 1984. Mr. Dyer said, “While the board wishes Ms. Beatty all the best on her well-deserved retirement, we look forward to the leadership of Mr. Pirrong as Oklahoma enters a new phase of bar admissions due to the recent adoption of the Uniform Bar Exam starting in Oklahoma in July 2021.”
INDIAN LAW SECTION SCHOLARSHIP AWARD RECIPIENTS The OBA Indian Law Section has selected Cody Minyard and Lauren Stafford as recipients of the section’s 2020 G. William Rice Memorial Scholarship Award. The section developed the scholarship in order to encourage future OBA members to pursue practices within the field of Indian law. It honors and remembers G. William Rice, a distinguished Indian law practitioner, law professor and co-director of the Native American Law Center at the TU College of Law, who passed away Feb. 14, 2016. Debra Gee, the Scholarship Committee chairperson, explained, “The Scholarship Committee selected Ms. Stafford and Mr. Minyard for this year’s awards based on their academic record, their Indian law-related activities in law school and their commitment to practice Indian law after graduation.” Mr. Minyard is a citizen of the Muscogee (Creek) Nation and attends the TU College of Law. Ms. Stafford is a citizen of the Chickasaw Nation and attends the OU College of Law.
LHL DISCUSSION GROUP TO HOST FEBRUARY MEETING “Talking to Colleagues about Alcohol: Am I My Brother’s Keeper?” will be the topic of the Feb. 4 meeting of the Lawyers Helping Lawyers monthly discus- sion group. Each meeting, always the first Thursday of the month, is facilitated by committee members and a licensed mental health pro- fessional. The group meets from 6 to 7:30 p.m. remotely using BlueJeans. There is no cost to attend. Email [email protected] for login information.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 67 Bench and Bar Briefs
ON THE MOVE
Judge Michelle Lee Bodine-Keely Tim Webster was appointed defense, civil rights defense, civil was appointed by Gov. Kevin by Gov. Kevin Stitt to serve as litigation and various in-house Stitt to serve as district judge for district attorney for District 19, matters for corporate clients. the 14th Judicial District, which which includes Atoka, Bryan and includes Tulsa and Pawnee coun- Coal counties. Mr. Webster was Judge Jill Weedon has been elected ties. Judge Bodine-Keely served in appointed District 19 assistant presiding judge of the Northwest- the Oklahoma Air National Guard district attorney in 2003, where he Panhandle Judicial Administrative for 22 years. She retired from the served as a felony drug prosecutor District and will serve a two-year military Dec. 2019 and was honor- and helped establish the Bryan term beginning Jan. 2021. The ably discharged as a lieutenant col- County Drug Court Program. In administrative district includes the onel. She received her J.D. from the 2006, he became the first assistant First, Second and Fourth judicial dis- TU College of Law and served as district attorney. Previously, he was tricts and 18 northwest Oklahoma the first assistant district attorney a Durant private practitioner for 21 counties. With 21 years of experi- for Osage and Pawnee counties. years. He received his J.D. from the ence on the bench, Judge Weedon OU College of Law in 1981. has served at every level of the Chase Gordon has joined the Tulsa district court judiciary. Currently, law firm of Atkinson, Haskins, Carol Iski was appointed district she serves as district judge for the Nellis, Brittingham, Gladd & Fiasco. attorney for District 25, which Second Judicial District. He received his J.D. from the TU includes Okmulgee and McIntosh College of Law in 2020 and cur- counties, by Gov. Kevin Stitt. Ms. Iski rently practices as a civil litigator. has served as acting district attor- ney since Nov. 2018. She joined the KUDOS Judge Bethany Stanley was District Attorney’s Office in March appointed associate district judge 2009, first serving in McIntosh Thomas M. Askew was voted a for Cleveland County by Gov. County and then moving to the member of the American Board of Kevin Stitt. A former deputy U.S. Okmulgee office in Jan. 2010, where Trial Advocates, a national associa- marshal and prosecutor, Judge she served as first assistant district tion of experienced trial lawyers and Stanley has worked as an attor- attorney for eight years. She received judges dedicated to the preserva- ney and partner at Schumacher & her J.D. from the TU College of Law. tion and promotion of the civil jury Stanley since 2017, where she prac- trial right provided by the Seventh ticed family law, personal injury Anthony C. Winter was named part- Amendment. ABOTA is an invita- and criminal law. She received ner of the Oklahoma City law firm of tion-only organization. Mr. Askew her J.D. from the OU College of Johnson Hanan Vosler Hawthorne & practices in the areas of business and Law in 2005. Snider. He practices primarily in civil litigation and commercial law the areas of medical malpractice at the Tulsa office of Riggs Abney.
HOW TO PLACE AN you. Sections, committees, and county Submit news items to: ANNOUNCEMENT: bar associations are encouraged to The Oklahoma Bar Journal welcomes submit short stories about upcoming or Lauren Rimmer short articles or news items about OBA recent activities. Honors bestowed by Communications Dept. members and upcoming meetings. If other publications (e.g., Super Lawyers, Oklahoma Bar Association you are an OBA member and you’ve Best Lawyers, etc.) will not be accepted 405-416-7018 moved, become a partner, hired an as announcements. (Oklahoma-based [email protected] associate, taken on a partner, received publications are the exception.) a promotion or an award, or given Information selected for publication Articles for the March issue must be a talk or speech with statewide or is printed at no cost, subject to editing received by Feb. 2. national stature, we’d like to hear from and printed as space permits.
68 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL
In Memoriam
onn F. Baker of Tahlequah ames Derrill Cody of Norman obert G. Hunt of Tulsa died Ddied Nov. 12. He was born Jdied Nov. 23. He was born July 5, RNov. 14. He was born July 26, Oct. 3, 1949, in Tahlequah. Upon 1963, in Ada. He received his J.D. 1930, in Little Rock, Arkansas. graduating from Northeastern from the OU College of Law. Mr. Mr. Hunt was commissioned State University, Mr. Baker Cody spent the majority of his legal as a first lieutenant in the U.S. coached and taught at Hulbert career working in the oil and gas Army Reserves in 1954. I n 1957, High School. He received his J.D. industry. He was executive vice he received his J.D. from the OU from the OCU School of Law in president and general counsel of the College of Law, where he was presi- 1980 and worked as an assistant Kerr-McGee Corp. and president dent of his law school class. He district attorney. After becoming and CEO of Texas Eastern Corp. He spent his entire career as a corpo- an assistant U.S. attorney for the also served as a regent at Seminole rate attorney for Cities Service Oil Eastern District of Oklahoma State College and on several Boards Co., which later became CITGO. He in 1982, he was appointed by of Directors, including Barrett served on the Gilcrease Museum President Ronald Reagan as the Resources Corp., CenterPoint board, was a director of the U.S. attorney. He served in that Energy and TEPPCO Partners. Campbell-Lepley-Hunt Foundation position for three years before and volunteered for many organi- going into private practice in udge David Mark Harbour of zations, including Montereau and Tahlequah, where he practiced JParadise Valley, Arizona, died Laureate Psychiatric Clinic and law for over 35 years. Mr. Baker Nov. 19. He was born Sept. 19, Hospital. Memorial contributions also served as the Tahlequah city 1939, in Iowa Park, Texas. In high may be made to the Montereau judge for 35 years. school, Judge Harbour earned All- Charitable Funds or the Asbury State honors in football, basketball Methodist Church. dward B. Carrier Jr. of and baseball and was a member of EOklahoma City died Nov. 15. Oklahoma Boys State. He played velyn Harshman Hutchison of He was born Dec. 4, 1937, in football for one year at TU and ETulsa died Oct. 7. She was born Oklahoma City. After high school, then transferred to OU, where he Dec. 19, 1950, in Tulsa. Following he went to Oklahoma A&M College, earned his bachelor’s degree in her graduation from TU in 1972, which he paid for by hitchhik- 1963. He received his J.D. from Ms. Hutchison taught history at ing to Idaho and working in the the OCU School of Law in 1966 Tulsa Community College and Forest Service during the summers. and practiced law in Oklahoma Cascia Hall Preparatory Academy. In 1961, Mr. Carrier joined the City until 1988 when he was She received her J.D. from the TU U.S. Army and was called up to appointed a family and criminal College of Law in 1992. She prac- active duty to serve during the court special judge. In 2002, he ticed law for several years before Berlin Crisis. He was honorably was appointed to serve as dis- becoming a professor of Legal discharged as a Sergeant E5. He trict judge of Oklahoma County. Writing and Research and Family received his J.D. from the OCU Memorial contributions may be Law at the TU College of Law School of Law in 1969 and was a made to the American Cancer in 2001. She became the director partner at the Oklahoma City law Society or National Cowboy and of TU’s legal writing program, firm of White & Carrier and prac- Western Heritage Museum of served on multiple committees ticed law for nearly 50 years. Oklahoma City. and received numerous awards for her teaching, including the TU revor W. Heaver of Tulsa died Outstanding Teaching Award. She TNov. 1. He was born Feb. 2, also served on the board of Tulsa 1953. Mr. Heaver received his J.D. Lawyers for Children. Memorial from the TU College of Law in 1980. contributions may be made to the Evelyn Harshman Hutchison Scholarship Fund at the TU College of Law.
70 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL ary Blair Lewis of Tulsa arry D. Mock of Edmond ichard William Riddle of Mdied Nov. 19. She was born Bdied July 10. He was born RTulsa died Nov. 23. He was Jan. 19, 1938, in Detroit, Michigan. Jan. 16, 1935, in Guthrie. Mr. Mock born Oct. 7, 1944, in Tulsa. Mr. Ms. Lewis earned a bachelor’s received his bachelor’s degree Riddle grew up in Sand Springs, degree in literature from Cornell from OSU and his J.D. from the where he played basketball and University in 1960. She moved OU College of Law. He stewarded baseball for the Sandites. He later to Tulsa in 1963 and received her the Oklahoma City law firm of played baseball as a Cowboy while J.D. from the TU College of Law in Lamun Mock Cunnyngham & attending OSU. Following gradu- 1982. She worked for the law firm Davis for nearly 40 years and prac- ation, he worked at Bendix Corp. of Holliman Langholtz and later ticed all types of litigation, real in Kansas City while attending became a partner in the new firm estate lending and title, corporate law school at night. He received of Brune, Pezold, Richie and Lewis. transactions and documents and his J.D. from the University of Upon retirement, she continued to commercial loan transactions. Missouri at Kansas City School practice independently. Ms. Lewis of Law and returned to Tulsa to was a board member for Family aith Orlowski-McMahan of start a private practice. Mr. Riddle and Children’s Services and was FTulsa died Nov. 8. She was born served on the Board of Trustees of active in the Junior League of Tulsa. July 28, 1954, in Cape Girardeau, the Oklahoma United Methodist Missouri. She received her J.D. Foundation, the Board of Directors unior D. Littlejohn of Stilwell from the University of Texas School of the Tulsa Metropolitan Chamber Jdied May 13. He was born Nov. 11, of Law in 1978. Upon graduation, of Commerce, the Board of 1943, in Stilwell. Mr. Littlejohn Ms. Orlowski-McMahan became Directors of the Metropolitan enlisted in the U.S. Marine Corps. one of the first female attorneys Tulsa Economic Development After 23 years of service, he retired hired by a major law firm in Tulsa Foundation and established the as a 2nd lieutenant colonel. He when she was employed by Sneed Asbury Foundation. Memorial con- received his J.D. from the George Lang PC. Most recently, she worked tributions may be made to St. Jude Washington University School of for Moyers, Martin LLP. She was an Children’s Research Hospital. Law in 1976 and practiced in the active member of the Tulsa County areas of civil and criminal law. Bar Association and served as pres- mity Eileen Ritze of Broken He served as an assistant district ident from 2011 to 2012. She also AArrow died Nov. 27. She was attorney and later as a district judge served as a board member on the born July 30, 1980, in Tulsa. After for the United Kettoowah Band of Tulsa SPCA Board and the Board earning an MBA magna cum laude Cherokee Indians. He also served as of Emergency Infant Services, from Saint Leo University in 2010, an Administrative Appeals Board volunteered for many animal she received her J.D. from the OCU member for the Cherokee Nation. rights and rescue organizations School of Law in 2015. During and was a founding member of law school, Ms. Ritze received an ames A. McCaffrey of Edmond the Executive Women’s Forum. Advanced Legal Research Award, Jdied Nov. 11. He was born Aug. 12, Memorial contributions may be was the SBA Outstanding Student 1939, and grew up near the state made to the Tulsa SPCA. of the Year and served as Phi capitol in northeast Oklahoma Alpha Delta Law Fraternity’s vice City. Mr. McCaffrey received his justice. She was a legal intern at J.D. from the OU College of Law in the Tulsa law office of Sherwood, 1964. He began his legal career at the McCormick & Robert and helped Oklahoma City law firm of Barefoot establish a Tulsa chapter of Project and Moler and later worked for the 31, a community by and for breast Legal Aid Society and the Oklahoma cancer survivors. Department of Consumer Affairs. In 1979, he established a private practice, which merged with what is now known as Phillips Murrah in 1989. He retired in 2011.
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 71 udge Preston A. Trimble of ina Kay Walker of Oklahoma JNorman died Nov. 30. He was GCity died Nov. 6. She was born Aug. 27, 1930, in Wolf Creek. born Sept. 21, 1963, in Enid. After Judge Trimble served in the U.S. graduating from OU with a bach- Navy for four years. Later, in 1963, elor’s degree, Ms. Walker held he joined the Air Force Reserves, a variety of jobs, from making serving in the judge advocate donuts at the OU student union office at Tinker Air Force Base and to selling securities to working as retiring with the rank of colonel a line cook. Later, she decided to in 1986. In 1952, through the GI return to school and received her Bill, he enrolled at OU. He earned J.D. magna cum laude in 1993 from a bachelor’s degree in journalism the OCU School of Law. She repre- in 1956 and worked at the Norman sented the poor at the Oklahoma Transcript as an advertising sales- County Public Defender’s Office man before receiving his J.D. from for almost 25 years. Ms. Walker the OU College of Law in 1961. received the Pat Williams Indigent After graduation, he served as an Defender of the Year Award in assistant county attorney and later 2014 and the Robert A. Manchester became the first district attorney for Lifetime Achievement Award the 21st District in Jan. 1967. He was in 2019 for her work. Memorial elected district judge in 1979, a posi- contributions may be made to the tion he held for 12 years. Memorial homeless, Black Lives Matter, eco- contributions may be made to the logical conservation or the protec- Society of St. Vincent de Paul. tion of animals.
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2021 ISSUES
FEBRUARY SEPTEMBER Probate Bar Convention Editor: Patricia Flanagan Editor: Carol Manning patriciaaflanaganlaw [email protected] OCTOBER Deadline: Oct. 1, 2020 Tax Law Editor: Tony Morales MARCH [email protected] Marijuana and the Law Deadline: May 1, 2021 Editor: Virginia Henson [email protected] NOVEMBER Deadline: Oct. 1, 2020 DUI Editor: Aaron Bundy APRIL [email protected] Law Day Deadline: Aug. 1, 2021 Editor: Carol Manning DECEMBER MAY Elder Law African American Editor: Luke Adams Legal History [email protected] Editor: Melissa DeLacerda Deadline: Aug. 1, 2021 [email protected] Deadline: Jan. 1, 2021
AUGUST Personal Injury Editor: Cassandra Coats cassandracoats@leecoats. com Deadline: May 1, 2021
If you would like to write an article on these topics, contact the editor. EDITORIAL CALENDAR EDITORIAL
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THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 77 POSITIONS AVAILABLE POSITIONS AVAILABLE
WATKINS TAX RESOLUTION AND ACCOUNTING FIRM is hiring attorneys for its Oklahoma City and Tulsa EDINGER LEONARD & BLAKLEY, PLLC, an offices. The firm is a growing, fast-paced setting with a Oklahoma City AV and US News Best Law Firm focus on client service in federal and state tax help (e.g. focused on complex commercial litigation, is cur- offers in compromise, penalty abatement, innocent spouse rently expanding and diversifying its practice areas. relief). Previous tax experience is not required, but previous ELB is seeking established attorneys and practice work in customer service is preferred. Competitive salary, groups in the areas of health care, bankruptcy, estate health insurance and 401K available. Please send a one-page planning, real estate, banking and business litiga- resume with one-page cover letter to [email protected]. tion. ELB is located in the Classen Curve area in the newly remodeled NBC Bank Building, with under- ground parking. ELB offers a low overhead alterna- NORMAN BASED FIRM IS SEEKING A SHARP AND tive with no personal lease obligations in a highly MOTIVATED ATTORNEY to handle HR-related mat- professional setting. Inquiries should be directed ters. Attorney will be tasked with handling all aspects to [email protected] or 405.848.8300. of HR-related items. Experience in HR is required. Firm All inquiries will be confidential. offers health/dental insurance, paid personal/vacation days, 401(k) matching program and a flexible work schedule. Members of our firm enjoy an energetic and CARR & CARR SEEKS AN ASSOCIATE ATTORNEY team-oriented environment. Position location can be FOR OUR TULSA OFFICE. We offer competitive com- for any of our Norman, OKC or Tulsa offices. Submit pensation with benefits. We are seeking applicants who resumes to [email protected]. are motivated and driven to succeed in our fast-paced, high-volume practice. Position requires an individual PARALEGAL/LEGAL ASSISTANT: Titus Hillis Reynolds who can relate to clients with empathetic understanding. Love is a mid-size downtown Tulsa AV-rated law firm Personal injury experience is preferred, but not required. and is seeking a Paralegal/Legal Assistant with 5 or Strong communication skills, proficiency in computer more years’ experience in litigation. Applicants must software, and organizational and multitasking capabili- be proficient in most aspects of a litigation practice with ties are necessary. Email CV to Aimee Allison: aallison@ some general Non-litigation experience considered a carrcarr.com. plus. Must be a self-starter and work independently in a fast-paced team environment. Salary commensurate GENERAL COUNSEL. The Oklahoma Health Care with experience. Firm provides excellent benefits. Please Authority (OHCA) is the State Medicaid Agency for the send resume to DeAnn Farthing, 15 E. 5th St, Suite 3700, State of Oklahoma. OHCA is searching for a General Tulsa, Oklahoma 74103 or [email protected]. Counsel. The ideal candidate will direct the legal function for OHCA in Federal and state court involv- PART-TIME ADMINISTRATIVE POSITION IN SMALL ing litigation of cases against the OHCA regarding the NW OKC LAW OFFICE that focuses on business, pro- Medicaid program. The candidate will provide legal bate and estate planning. Position will handle admin- advice to agency representatives and the Board of istrative functions of the law office, document drafting Directors regarding compliance with standards set by and related activities including secretarial functions. the Centers for Medicare and Medicaid Services (CMS), Must have command of MS Outlook and Word and Open Records Act, open meetings laws and others. ability to multitask. Position requires driving personal Must be an active member of the State Bar of Oklahoma. vehicle for office errands. Previous office experience Other relevant legal and/or administration experience, required. Opportunities to advance for right fit. Send as well as significant background in health care admin- resume and brief cover letter to [email protected], istration, health care insurance, and/or state or federal reference this post. health care programs preferred. Salary based on educa- tion and experience. For more information and to apply visit https://oklahoma.gov/ohca/about/careers.html.
78 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE
ASSISTANT DISTRICT ATTORNEY POSITION JUDGE ADVOCATE GENERAL’S (JAG) CORPS for AVAILABLE: Grant Position. Primary responsibilities Oklahoma Army National Guard is seeking qualified include the criminal prosecution of all domestic violence licensed attorneys to commission as Judge Advocates. and sexual assault offenses, both felony and misdemeanor, Selected candidates will complete a six-week course provide training and advice to local law enforcement on at Fort Benning, Georgia followed by a tenand one- cases involving domestic violence and sexual assault, and half week Military Law course at the Judge Advocate perform other duties as assigned. Requires a J.D. from an General’s Legal Center on the beautiful campus of accredited law school, legal experience in criminal law University of Virginia in Charlottesville, Virginia. and prior courtroom experience (3+ years) preferred. Must This is not a full-time employment position. be admitted to the Oklahoma State Bar and be in good Judge Advocates in the Oklahoma National Guard standing. Salary DOE. Send resume by mail postmarked will ordinarily drill one weekend a month and com- no later than December 28, 2020, to the following address: plete a two-week Annual Training each year. Benefits LeFlore County District Attorney’s Office, Attn: Margaret include low cost health, dental, and life insurance, PX Nicholson, 100 S. Broadway, Room 300, Poteau, OK 74953, and commissary privileges, 401(k) type savings plan, Office 918-647-2245, Fax 918-647-3209. free CLE, and more! For additional information con- tact CPT Rebecca Pettit, email Rebecca.l.pettit.mil@ OKC AV RATED LAW FIRM SEEKING ASSOCIATE with mail.mil or call 405-228-5052. excellent litigation, research, and writing skills, 1-5 years’ experience for general civil/commercial defense practice, health care law. Must have solid litigation experience for CENTER FOR EMPLOYMENT LAW is seeking an associate all phases of Pretrial discovery and Trial experience with attorney to join their team. Regardless of experience level, excellent research and writing skills. Submit a confiden- this position presents an opportunity to grow, including tial resume with references, writing sample and salary significant hands-on experience. Legal research and writing requirements to Box BC, Oklahoma Bar Association, P.O. are vital to success in this position, as well as initiative and Box 53036, Oklahoma City, OK 73152. attention to detail. This associate will work collaboratively with the partners to prepare matters for civil litigation and/ NORMAN BASED LAW FIRM IS SEEKING SHARP, or through administrative investigations and hearings from MOTIVATED ATTORNEYS for fast-paced transactional start to finish. Professionalism, verbal and written commu- work. Members of our growing firm enjoy a team atmo- nication skills, and ability to work with a diverse client base sphere and an energetic environment. Attorneys will be is essential. Please send your resume, cover letter, and writ- part of a creative process in solving tax cases, handle an ing sample to [email protected]. assigned caseload and will be assisted by an experienced support staff. Our firm offers health insurance benefits, THE GARFIELD COUNTY DISTRICT ATTORNEY’S paid vacation, paid personal days and a 401K matching OFFICE seeks an experienced attorney to fill the position program. No tax experience necessary. Position location of Assistant District Attorney. Caseload assignments and can be for any of our Norman, OKC, or Tulsa offices. responsibilities will depend upon successful applicant’s Submit resumes to [email protected].. experience and interests. Salary ranges from $50,000 - $75,000 depending upon experience. Compensation ASSOCIATE ATTORNEY: Titus Hillis Reynolds Love includes salary plus full state benefits including retire- is a mid-size downtown Tulsa AV-rated law firm and ment. Applicants should submit a cover letter, resume, is seeking a general civil litigation attorney with 2-7 and references by email to [email protected]. years’ experience. Applicants must be proficient at legal research, writing, analysis, and practical litigation strat- THE OKLAHOMA BAR ASSOCIATION HEROES pro- egies, and must be able to work in a fast-paced team gram is looking for several volunteer attorneys. The need environment. Salary commensurate with experience. for FAMILY LAW ATTORNEYS is critical, but attorneys Firm provides excellent benefits. Please send resume from all practice areas are needed. All ages, all counties. to DeAnn Farthing, 15 E. 5th St, Suite 3700, Tulsa, Gain invaluable experience, or mentor a young attorney, Oklahoma 74103 or [email protected]. while helping someone in need. For more information or to sign up, contact 405-416-7086 or [email protected].
THE OKLAHOMA BAR JOURNAL JANUARY 2021 | 79 The Back Page
Watercolor and ink artwork entitled Lady Justice. Artist: Amanda Lilley, who practices in Enid.
80 | JANUARY 2021 THE OKLAHOMA BAR JOURNAL