Opening a Law Office on a Budget These Products

Volume 83 u No. 26 u Oct. 6, 2012

ALSO INSIDE • Annual Meeting • Lambird Award Winners • New Lawyers Admitted

720.932.8135

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2057 At the end of the day... Who’s Really Watching Your Firm’s 401(k)? And, what is it costing you?

YES NO

Does your firm’s 401(k) feature no out-of-pocket fees? Does your firm’s 401(k) include professional investment fiduciary services? Is your firm’s 401(k) subject to quarterly reviews by an independent board of directors?

If you answered no to any of these questions, contact the ABA Retirement Funds Program by phone (866) 812-1510, on the web at www.abaretirement.com or by email [email protected] to learn how we keep a close watch over your 401(k).

Please visit the ABA Retirement Funds Booth at the upcoming Oklahoma Bar Association Annual Meeting for a free cost comparison and plan evaluation. November 14-16, 2012 • Sheraton Hotel, Oklahoma City

Who’s Watching Your Firm’s 401(k)?

The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (866) 812-1510, by visiting the website of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through the Oklahoma Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program. C12-0201-010 (2/12)

2058 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Theme: Opening A Law Practice Editor: Melissa DeLacerda contents Oct. 6, 2012 • Vol. 83 • No. 26 pg. 2130 Annual Meeting Departments Cover Photo: 2060 From the President Law Office of Jamie 2129 Editorial Calendar McGraw, Norman. Photographer: 2158 From the Executive Director Emily Buchanan 2160 Law Practice Tips 2164 Ethics/Professional Responsibility 2165 OBA Board of Governors Actions 2168 Oklahoma Bar Foundation News 2170 Access to Justice 2171 Young Lawyers Division 2173 Calendar 2174 For Your Information 2175 Bench and Bar Briefs 2178 In Memoriam Features 2184 The Back Page 2065 Starting Solo: From Oath to My Own Office By Bryon J. Will 2071 Equipping the Law Office 2012 By Jim Calloway 2079 The Non-Tech Side of Starting Your Own Practice By Michelle C. Harrington 2085 Professional Liability Insurance – The Rest of the Story pg. 2118 By Alison A. Cave Awards 2091 Going With the Flow: The Truth Diversity About Cash Flow Management Plus By Douglas Gierhart 2118 OBA Committee to Present First 2097 Trust Accounting 101 Diversity Awards By Travis Pickens By Kara I. Smith 2101 Ten Things to Know When Starting 2122 New Attorneys Take Oath a Small-Town Practice By Stephen D. Beam and Jon K. Parsley 2126 Photo Highlights: Women in Law Conference 2105 What’s Your Exit Strategy? By D. Scott Pappas 2127 Mona Salyer Lambird Spotlight 2109 The Agony and the Ecstasy: Tips on Award Recipients Starting Your Own Law Practice By Deborah J. Bruce By Tracey Garrison 2130 Annual Meeting 2113 Insurance for Lawyers and 2151 Proposed 2013 OBA Budget Law Practices By Jennifer Beale 2155 Statement of Ownership

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2059 FROM THE PRESIDENT

Law-Related Education: From the Classroom to the Ballot Box By Cathy Christensen

One of my presidential initiatives this year has This is law-related education! This been an increased focus on law-related education. By all accounts, is your opportunity to provide the with the help of dedicated OBA members, volunteers and a public with an understanding and capable OBA staff, the initiative has been successful. But the year appreciation of our judicial system isn’t over, and an opportunity for public education lies ahead. and educate them about the impor- Now I need your help! Please and thank you. tance of judicial independence in maintaining a strong democracy. You This November, Oklahoma voters will decide whether to retain are uniquely situated to help others four Oklahoma Supreme Court justices, three Court of Criminal understand what Appeals judges and five Court of Civil judges do. Appeals judges. In prior elections, have you www.CourtFacts.org been asked by friends, neighbors, coworkers Fair and impar- and sometimes even strangers about the offers details about tial judges are members of the judiciary on the retention Oklahoma justices critical to the suc- ballot and whether the judge or justice cess of a strong should be retained? and judges on the and well-func- retention ballot tioning American Have you explained: democracy and - The process for selecting Oklahoma’s legal system. The judiciary using a nonpartisan 15-member Judicial Nomi- rule of law is only as strong as the nating Commission (JNC) that investigates, interviews and quality of judges who uphold it. evaluates applicants for judicial office? Judges give force to the rule of law. Past OBA President J. William Con- - The JNC submits the names of three highly ger noted that the World Justice Proj- qualified applicants for appellate office to ect defines the concept of the rule of the governor who, after another round of law “in its broadest sense and in the investigation and interviews, must make a most succinct way. The rule of law final selection from the list. comprises four universal principles: - Appellate justices’ and judges’ terms are for 1. A system of self-government in six years. which all persons, including the government, are accountable un- - Appellate justices and judges are retained in der the law; office “on merit” by citizen vote in nonpartisan, noncontested elections by retention 2. A system based on fair, publi- ballot. cized, broadly understood and stable laws; - Only those justices and judges receiving approval from a majority of the voters may 3. A fair, robust and accessible legal President Christensen continue in office for another six-year term. process in which rights and responsibilities based in law are practices in Oklahoma City. - The judiciary cannot be listed on the ballot by enforced impartially; Cathy@ their political party. CathyChristensenLaw.com 4. Diverse, competent, independent 405-752-5565 I know I have offered these explanations and ethical lawyers and judges.” many times, and I am proud to do so. It’s what I do and what I pledged to support and defend. cont’d on page 2157

2060 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2061

FFEellowLLOW EEnrollmentNROLLME NFTormFO oR AttorneyM o AttorneyNon-Attorney Non-Attorney

Name:______Name: (name,(name, asas it should appearappear onon your your OBF OBF Fellow Fellow Plaque) Plaque) County County

FirmFirm or orother other affiliation: affiliation: ______Mailing & delivery address: Mailing & delivery address: ______City/State/Zip: City/State/Zip: ______Phone: E-Mail Address: Phone: ______EMail Address: ______The TheOklahoma Oklahoma Bar FoundationBar Foundation was ablewas ableto assist to assist 23 different 38 different programs projects or orprojects programs during last 2010 year andthrough 25 in the 2009 gener- throughosity the of generosity Oklahoma of lawyers Oklahoma – providing lawyers –free providing legal assistance free legal for assistance the poor for and the elderly, poor and safe elderly; haven forsafe the haven abused, for theprotection abused; and protection legal assistance and legal to assistance children, tolaw-related children; education law-related programs, education and programs; other activities other activities that improve that the quality of justice for all Oklahomans. The tradition of giving back continues with YOU. improve the quality of justice for all Oklahomans. The Oklahoma Bar legend of help continues with YOU. _____ I want to be an OBF Fellow now – Bill Me Later! I want to be an OBF Fellow now – Bill Me Later! _____ $100 enclosed & bill annually $100 enclosed & bill annually GRANT PROGRAMS _____ Total amount enclosed, $1,000 ARE LINAWYERS CRISIS _____ Total New amount Lawyer enclosed, 1st Year, $25$1,000 enclosed & bill Annually as stated TRANSFORMING LIVES New Lawyer 1st Year, $25 enclosed & bill Join today and help more _____ annually New Lawyer as stated within 3 Years, $50 enclosed Through education, & bill annually as stated than 85,000citizenship Okla andhomans New Lawyer within 3 Years, $50 enclosed _____ I want to be recognized at the higher level of justicein nee ford. all. & billSustaining annually Fellow as stated & will continue my annual gift of at least $100 – (initial pledge should be complete) I want to be recognized at the higher level of Thei vOklahomae today at Bar _____ Sustaining I want to beFellow recognized & will at continuethe highest my leadership annual gift level G of Benefactor Fellow & annually contribute legend of help continues of at least $100 – (initial pledge should be complete) www.okbarfoundation.org at least $300 – (initial pledge should be complete) with YOU! _____ I want M yto charitable be recognized contribution at the highest to help leadership offset the level of BenefactorGrant Program Fellow Crisis &is annuallyenclosed contribute at least $300 – (initial pledge should be complete)

• To become a Fellow, the pledge is $1,000 payable within a ten year period at $100 each year; however, some may choose to pay the full amount or in greater increments over a shorter period of time.

∞• TheTo OBF become offers a Fellow, lesser the payments pledge is for$1,000 newer payable Oklahoma within a Bar10-year Association period at $100 members: each year; however, some may choose to pay the full amount or in greater increments over a shorter period of time. • — First Year Lawyers: lawyers who pledge to become OBF Fellows on or before January 2, of the year immediately ∞ The OBFfollowing offers lesser their payments admission for maynewer pay Oklahoma only $25 Bar per Association year for members: 2 years, then only $50 for 3 years, and then at least $100 each —yearFirst thereafter Year Lawyers until: thelawyers $1,000 who pledge pledge tois becomefulfilled. OBF Fellows on or before Jan. 2, of the year immediately following their admission may pay only $25 per year for two years, then only $50 for three years, and then at least $100 each year • — Withinthereafter Thr untilee Years: the $1,000 lawyers pledge admitted is fulfilled. 3 years or less at the time of their OBF Fellow pledge may pay only $50 per year— Within for 4 Threeyears Yearsand then: lawyers at least admitted $100 three each years year or thereafter less at the untiltime of the their $1,000 OBF pledgeFellow pledgeis fulfilled. may pay only $50 per • Sustaining Fellowsyear for fourare thoseyears andwho then have at least completed $100 each the year initial thereafter $1,000 until pledge the $1,000 and continuepledge is fulfilled. their $100 annual contribution to ∞ helpSustaining sustain Fellowsgrant programs. are those who have completed the initial $1,000 pledge and continue their $100 annual contribution to help sustain • Benefactorgrant programs. Fellows is the highest leadership giving level and are those who have completed the initial $1,000 pledge and pledge to pay at least $300 annually to help fund important grant programs. Benefactors lead by example. ∞ Benefactor Fellows is the highest leadership giving level and are those who have completed the initial $1,000 pledge and pledge to pay at least $300 annually to help fund important grant programs. Benefactors lead by example.

Your Signature & Date______OBA Bar# ______Your Signature & Date: OBA Bar# Please Kindly Make Checks Payable to: Oklahoma Bar Foundation • Attn: Nancy Norsworthy • P.O. Box 53036 PLEASE KINDLY MAKE CHECKS PAYABLE TO: Oklahoma Bar Foundation • P.O. Box 53036 • Oklahoma City, OK 73152-3036 • (405) 416-7070 Oklahoma City OK 73152-3036 • (405) 416-7070 ManyMany thanksthanks forfor your your support support & generosity!& generosity!

2062 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 OFFIC ERS & BOARD OF GOVERNORS Cathy M. Christensen, President, Oklahoma City James T. Stuart, President-Elect, Shawnee Peggy Stockwell, Vice President, Norman events Calendar Deborah A. Reheard, Immediate Past President, Eufaula OCTOBER 2012 Renée DeMoss, Tulsa Gerald C. Dennis, Antlers 9 OBA Communications Committee meeting; 12 p.m.; Oklahoma Bar Glenn A. Devoll, Enid Kimberly Hays, Tulsa Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact O. Chris Meyers II, Lawton Dick Pryor 405-740-2944 D. Scott Pappas, Stillwater Nancy S. Parrott, Oklahoma City OBA Legal Intern Committee Meeting; 3 p.m.; Oklahoma Bar David A. Poarch Jr., Norman Center, Oklahoma City with teleconference; Contact: Candace Blalock 405- Ryland L. Rivas, Chickasha 238-0143 Susan S. Shields, Oklahoma City Bret A. Smith, Muskogee 10 OBA Member Services Committee Meeting; 12 p.m.; Oklahoma Linda S. Thomas, Bartlesville Bar Center, Oklahoma City with teleconference; Contact: Roe Simmons Jennifer Kirkpatrick, Oklahoma City, 405-359-3600 Chairperson, OBA/Young Lawyers Division OBA Survey Task Force; 3 p.m.; Oklahoma Bar Center, Oklahoma City BAR Center Staff John Morris Williams, Executive Director; with teleconference; Contact Brian Hermanson 580-762-0020 Gina L. Hendryx, General Counsel; Jim Calloway, 12 OBA Law-related Education Committee Meeting; 12 p.m.; Director of Management Assistance Program; Craig D. Combs, Director of Administration; Oklahoma Bar Center, Oklahoma City with teleconference; Contact: Susan Damron Krug, Director of Educational Suzanne Heggy 405-556-9612 Programs; Beverly Petry Lewis, Administrator OBA Family Law Section; 3:30 p.m.; Oklahoma Bar Center, Oklahoma MCLE Commission; Carol A. Manning, Director of Communications; Travis Pickens, Ethics Counsel; City and OSU Tulsa, Tulsa; Contact: Tamera Childers 918-581-8200 Robbin Watson, Director of Information Technology; 16 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Jane McConnell, Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact Tina Izadi, Debbie Maddox, Katherine Ogden, David Swank 405-325-5254 Assistant General Counsels; Tommy Butler, Tanner Condley, Sharon Orth, Dorothy Walos and OBA Civil Procedure and Evidence Code Committee meeting; Krystal Willis, Investigators 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact James Milton 918-594-0523 Manni Arzola, Debbie Brink, Emily Buchanan, Susan Carey, Johnny Marie Floyd, Matt Gayle, 17 OBA Clients’ Security Fund Committee meeting; 2 p.m.; Oklahoma Dieadra Goss, Brandon Haynie, Suzi Hendrix, Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact Misty Hill, Debra Jenkins, Amy Kelly, Durrel Lattimore, Heidi McComb, Renee Montgomery, Michael Salem 405-366-1234 Wanda Reece-Murray, Larry Quinn, Lori OBA Women in Law Committee meeting; 3:30 p.m.; Oklahoma Rasmussen, Tracy Sanders, Mark Schneidewent, Jan Thompson, Laura Willis & Roberta Yarbrough Bar Center, Oklahoma City and OSU Tulsa, Tulsa; Contact Deirdre Dexter 918-584-1600 EDITORIAL BOARD Editor in Chief, John Morris Williams, News 18 OBA Diversity Conference and Awards Luncheon; 9 a.m.; Skirvin & Layout Editor, Carol A. Manning, Editor, Hotel, Oklahoma City; Contact Kara I. Smith 405-923-8611 Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Sandee Coogan, OBA Work/Life Balance Committee meeting; 12 p.m.; Oklahoma Norman; Emily Duensing, Tulsa; Pandee Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact Ramirez, Okmulgee; Mark Ramsey, Cheri Gray 405-229-5396 Claremore; Joseph M. Vorndran, Shawnee; Judge Allen J. Welch, Oklahoma City; For more events go to www.okbar.org/calendar January Windrix, Poteau NOTICE of change of address (which must be The Oklahoma Bar Association’s official website: www.okbar.org in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. All rights reserved. Copyright© 20082012 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried P.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association 405-416-7000 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Toll Free 800-522-8065 FAX 405-416-7001 a month in january, February, March, April, May, August, Septem- Continuing Legal Education 405-416-7006 ber, October, November and December and bimonthly in June and Ethics Counsel 405-416-7055 July. by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, General Counsel 405-416-7007 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- Law-related Education 405-416-7005 homa City, OK. POSTMASTER: Send address changes to THE OKLAHOMA Lawyers Helping Lawyers 800-364-7886 BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip- Mgmt. Assistance Program 405-416-7008 tions are $55 per year except for law students registered with the Mandatory CLE 405-416-7009 Oklahoma Bar Association, who may subscribe for $25. Active mem- OBJ & Communications 405-416-7004 ber subscriptions are included as a portion of annual dues. Any Board of Bar Examiners 405-416-7075 opinion expressed herein is thatthat of the author and not necessar- Oklahoma Bar Foundation 405-416-7070 ily that of the Oklahoma Bar Association, or the Oklahoma Bar Journal Board of Editors.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2063 2064 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE

Starting Solo: From Oath to My Own Office By Bryon J. Will

kay, so I go through three years of law school, take the bar exam and finally, become a lawyer. Now what? Do I work for a law Ofirm? Are there any job postings in the back of the Oklahoma Bar Journal? Do I know anyone who has an opening? Or do I do something rather bold — something that most would believe is unorthodox? Yes! I will open my own law office.

This is a narrative of my adventure of opening For the following three months, I tried to get my own law practice fresh out of law school. I hired on somewhere — anywhere. The first hope it also serves as beneficial for my colleagues month or so was quite difficult in looking for a who have just graduated law school or are ready job because I didn’t know whether I had even to venture out on their own. Please know, this is passed the bar exam. I interviewed with multi- neither an instruction guide nor a treatise on start- ple law firms and state government agencies ing your own law practice, but merely some of my and heard the same answers, “Let’s wait until choices when opening and maintaining my law we find out whether you passed the bar exam.” practice. Go with what works for you. Of course, I was not the only one right out of law school looking for a job. First of all, let me give a brief background of my experiences. I graduated Oklahoma City In September, I found out I passed the bar University School of Law in May 2008. During exam and was sworn in. But by October of that my last semester of law school, I worked as a year, the stock mark crashed, and America was licensed legal intern for a small- to mid-sized in an economic depression. I waited every cou- law firm in downtown Oklahoma City. Prior to ple weeks for latest issue of The Oklahoma Bar graduation, I was promised a position as an Journal (OBJ) just to see what job openings were associate with the law firm upon my passing the posted in the back. It seemed ironic that, while I bar exam — complete with a nice salary and was in law school, there was always a minimum benefits. of three pages of attorney job openings; but when I actually needed a job, there were hardly At that time, the economy began to plummet, more than a half-page of openings. and I felt very lucky that I had a job — unlike several of my fellow graduates. I took the Bar I applied for several of those openings; how- Exam the last Tuesday and Wednesday of July. ever, the common response from the interview- The following Saturday, I received a call from ers was, “We are having a record number of the managing partner of my law firm with a applicants applying for the job.” Unfortunately, message that the firm was closing. I no longer it seemed like a lottery pick to get that second had a job. interview.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2065 At the end of October, I decided to take the factors and determine what you can afford. plunge. If I couldn’t get hired at a law firm, I Affordability is key. would just open my own firm and hire myself. I haven’t fired myself yet. I originally wanted to have my office in my home. I even made a little office out of a spare I am now in my fourth year of practice and bedroom. But I did need a place to meet with am still going strong. There have been some clients; I didn’t think my kitchen table made a rocky roads along the way, but my doors are good conference table. I got in touch with a still open. How did I do it? I believe it had to lawyer friend of mine who had his own office do with talking to seasoned lawyers who were and a conference room. During the phone call, in the same place at one time or another, sheer he indicated he had some extra space and luck and a lot of prayer. would be happy to office share with me. After I If someone approached me and asked what looked at the office, he gave me an offer I found they needed to do to open a law practice, I affordable, so I took it. It had everything I need- would tell him or her every factor I had to take ed — a roof and a door. Even though I did move into consideration. But I would also say that to another office at one point, I am now back in everyone essentially carves his or her own the same building where I started. path, and what worked for me may not work FURNITURE for everyone else. However, I am happy to share my experiences along the way to open- What about furniture? Do I need it? Again, only ing and maintaining my law practice. get what you can afford. A table to write on, a chair for the lawyer and a chair for the client OFFICE PLACEMENT are all a lawyer needs. If you are living in Tulsa We have always heard the saying, “Location, or Oklahoma City, there are many places to Location, Location….” I don’t believe that is shop for used office furniture. There is no sense always the case in practicing law. Some factors purchasing brand new furniture unless you to consider are the type of law you want to can afford it. Yes, it is desirable to purchase practice, frequency of trips to the courthouse, something pretty and clean, but home improve- ease of finding your office, parking, safety and ment stores like Lowe’s or Home Depot have the commute from home. You need to first ask materials you can purchase to make your used the question, “What kind of law do you want furniture look new. Sometimes a paint brush to practice?” If you want to practice criminal and a few cheap odds and ends can make old law, you may want your office close to the furniture look new again. courthouse so you can pick up some foot traffic. If you want to practice family law, you may Although I didn’t have an income at the want your office where it is easy to find, with time, I had some savings available to loan my decent parking and still within walking dis- business for purchasing office furniture. Yes, I tance of the courthouse. But, if you want to said loan! What’s great about loaning money to practice estate planning, location may not be a your business is you are not pressured to pay it great concern. back month to month. When you do pay yourself back, you don’t have to pay income tax on However, I believe the most important factor loan repayments, unless you charge yourself to balance when deciding where you place interest (talk to your tax advisor about this). I your office is what you can afford. When start- can’t say it enough: only purchase what you ing out on your own — unless you have a large can afford. cash reserve, a rich uncle, or have won the lottery — I would assume you will not be renting COMPUTERS AND SOFTWARE an office on the top floor of either Oklahoma Computers and printers: what about those? Did City’s Leadership Square or one of Tulsa’s Wil- you have a laptop and printer in law school or liams Towers. But to the other extreme you at home? Use those. Enough said. may want a place more sophisticated than your house to meet clients (though there is nothing Software, however, is another story. I will wrong with having your office in your home if turn this topic over to Jim Calloway with the that is what you can afford. It may even be a Oklahoma Bar Association. After I was sworn good idea to hold an office at your home and in, I went to one of Mr. Calloway’s CLEs on meet clients at another office). When consider- opening a law practice (I suggest the reader do ing the office, you really must balance all the the same), where he gave a really good presen-

2066 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 tation on law firm software. area you practice. Remember, Again, purchase only what you nobody knows everything, so can afford. It may be there is no problem in having multiple mentors. Make sure CHOOSING PRACTICE advisable to invite your AREAS the person you wish to be your mentor is an expert in his or her When choosing a practice mentor to co-counsel area of law. area, my first suggestion is to choose an area in which you are with you on a project, When establishing a mentor, competent and can learn quick- first establish a relationship ly. I did not say to choose what and pay him or her with the individual. Call the you really enjoy. You have a mentor and ask if he or she license to practice law, and you accordingly. would mind an occasional can practice anything (with the phone call from you. Be courte- exception of patents and admi- ous. Ask whether you can pay ralty). As we all know, the prac- for his or her time. Generally tice of law in any area is filled with many they won’t take payment, but it intricacies; and on such, we must be able to is a good gesture on your part. Do know that explain to and counsel our clients. You will the mentor is busy with his or her own prac- want to take on an area that comes naturally to tice, so when you call, get to the point immedi- you, so to reduce your risk of incompetency ately! Try to limit your phone call to about five and malpractice. minutes. Therefore, he or she will be more receptive the next time you call. If you can afford it, try not to take every case that walks through the door. Otherwise, you It may be advisable to invite your mentor to may bog yourself down trying to learn multi- co-counsel with you on a project, and pay him ple areas of law. And when that happens, you or her accordingly. Don’t think of this as receiv- may increase your risk of malpractice. It would ing less income from a client. Instead, look at it be difficult to learn criminal law and oil and as an investment for additional education — gas, and to practice both at the same time. which is a lot cheaper then what you paid for Instead, try practicing two areas that comple- law school. My experience with having men- ment each other, like estate planning with pro- tors is that they are normally very receptive, bate or oil and gas with real property. In these especially those who have practiced for multi- instances, when practicing in one area, you ple decades. They were all in the same place need to know the law in the other, so you when they began practicing law as well. Some might as well practice both. veteran attorneys even believe it is their duty to mentor young lawyers when they start out. During my internship in my last semester of law school, I was exposed to bankruptcy and When I came into my office building, I was debtor and creditor law. There, I learned how very lucky there were several seasoned attor- to counsel a bankruptcy debtor from petition to neys already practicing here. Even though we discharge and everything in between. Luckily were all under the same roof, I still had to this was one area I was already familiar with establish a relationship with each of them when I opened my law practice. before they were receptive to mentoring me. Now after being there a few years, I have estab- As for practicing in areas that complement lished relationships in which I can go and one another, the majority of my practice is in knock on their doors and ask my questions. the areas of probate and estate planning. Upon Nowadays, I may even hear a knock on my my initial study of estate planning, I realized door from an attorney needing advice. Just rather quickly I needed to learn the intricacies know it will come full circle. of probate law as well. Why not take on clients STRATEGIES FOR BUILDING in both areas? A BUSINESS MENTORS Be flexible in establishing where you open Whether you practice in a firm or on your your practice. It doesn’t have to be in Oklaho- own, having a mentor is probably the most ma City or Tulsa, or any large town in Okla- important factor when practicing law. I strong- homa for that matter. Remember, you have a ly suggest you have a separate mentor for each license to practice in all 77 counties in Oklaho-

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2067 ma, and therefore, you can practice anywhere For example, as I mentioned above, I began in the state. A wise man once told me, “If there my practice in the area of bankruptcy, but the is one lawyer in the town he will starve to majority of my practice is in estate planning death, but if there are two lawyers in the town and probate. Let me just tell you that if I only they will both be rich.” There are several towns took bankruptcy cases, I would starve to death. in Oklahoma that are underserved by attor- My first case was a bankruptcy, and I was pre- neys. If where you live and practice is not an pared for it. However my second case was a issue, I recommend you research which Okla- client who wanted me to do estate planning; homa towns need attorneys. You can do this my next was a probate; and after that, more either by looking through the Blue Book or by estate planning. Let’s just say, I can count on visiting with members of the Oklahoma Bar two hands the number of bankruptcy clients I Association who are familiar with the towns in have had. I started practicing in one area of need of attorneys. You will be amazed what law, and the next thing I knew, I was in another you can find from these two resources. area. I then knew I was competent to take on It is also wise to keep an eye out for attorneys that next challenge. who are close to retirement and who are hiring DON’T BE TIMID younger attorneys to take over their practices. Some of these veteran attorneys place ads in You can’t be timid in this realm. You must the OBJ in search of younger attorneys. One put yourself out there, or you will never have may also be able to find out about these oppor- clients walk through your door. Let people tunities through networking or involvement in know you are a lawyer. That’s not a crime. Get local bar associations. creative putting your name out there while still remaining compliant with the Rules of Profes- GET INVOLVED sional Conduct. You will have to shake a lot of From my experience, one of the best ways to hands and kiss a lot of babies. And if you are market yourself and your practice is to be ever in question as to whether you are about to involved in organizations — from the state and do something unethical or that violates the local bar associations and your local Chamber Rules of Professional Conduct, call our Ethics of Commerce to churches and Kiwanis, Rotary, Counsel, Travis Pickens, at the Oklahoma Bar or Lions Clubs. Center. He will discuss with you whether there is a potential violation. Currently, I am a board member of the Okla- homa Bar Association Young Lawyers Divi- You must also be open with your clients. Be sion. In this organization, I have met attorneys receptive, meaning don’t be afraid to talk to from across the state — young and veteran — them. You are their lawyer. You have their lives and I have received numerous referrals from in your hands, and they want to talk to you. these relationships. I am also a member of the Talk to them! Return their calls, and quickly. local Chamber of Commerce and a local Kiwan- And most of all, be friendly. I have found more is Club. clients hire me, and even refer me, just because But being involved is not just for referrals. I am friendly and easy to talk to. Clients are Being involved is a public service duty we, as often stressed and don’t want to hear a gruff, lawyers, owe to our communities. I suggest rude voice on the other end of the line. If you you be involved first for the sense of this duty. talk to your clients in an engaging manner, not Referrals and business will come later. only will you preserve the clients you have, but there is a greater probability they will refer BE OPEN AND FLEXIBLE their own family and friends to you. Flexibility and openness means being ready CONCLUSION for change. You must be spontaneous and willing to take on whatever life, and your practice, Again, what worked for me may not work throws at you. Your paycheck depends on it. for everyone else. My intention is for the reader Again, I wouldn’t suggest taking every case to take what I learned from my experiences that walks through your door, but I do recom- and apply it to his or her practice in a way that mend that you take on the challenge of projects works for them. If I were to break this entire that will earn you a little extra money as long article down to just a few words, I would say, as you are, or can become, competent in those “If you want to open your own law practice, areas of law. know what you can afford, make a budget,

2068 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 research your options, be competent, don’t be shy, pray, and go to work.” With that being said, are you ready to hang out that shingle? Open your doors?

About The Author

Bryon J. Will is the founder of The Law Office of Bryon J. Will, PLLC, with offices in Oklahoma City and Perry. He practices in the areas of estate planning, probate, real estate, bankruptcy and civil litigation. Mr. Will received his Bachelor’s degree at Oklahoma State University, his Masters of Business degree at University of Central Oklahoma and his J.D. from Oklahoma City Univer- sity. Mr. Will is currently a director of the Oklahoma Bar Association Young Lawyers Division.

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Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2069 2070 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE Equipping the Law Office 2012 By Jim Calloway

ong past is the day when equipping the law office meant buying some furniture, file cabinets and typewriters. The Lmodern law office requires a lot of technology equipment. Information technology (IT) equipment is a significant investment, although prices for computers and hard drives have dropped over the last several years. The challenge now is that there is a huge variety of different types of equipment and it seems much harder to make informed decisions.

This article is intended to give an overview of protected by daily backup of the server rather the different types of equipment that might be than backing up each individual workstation, purchased in the law office today. While some although the workstations should still be backed products will be mentioned, it is not intended to up periodically. cover all products. Generally the focus here will DESKTOP VS. LAPTOP PC be on a firm of one to 10 lawyers. With workstations, the initial question that First of all, the foundation of the lawyer’s must be determined is whether the attorneys in technology system is the computers, the server(s) the office will use desktop or laptop computers. and the computer network. Today everyone This author is generally in favor of laptop com- needs a workstation, including the errand run- puters for the following reasons: ner. Some smaller operations use a peer-to-peer network instead of a server-based network. 1) Having the same workstation at home and Others use a slightly more powerful desktop as at work can be a huge benefit for the lawyer a server, but this will probably result in some who sometimes works at home. frequent slowness during peak use times. A true 2) Even for those who only rarely work out- server setup is preferred, but it is probably true side of the office or only might use the laptop that a lawyer who is not a technology hobbyist in an emergency situation (no power in the would have a difficult time managing a server- office), it is still a great benefit on those rare based network without some technical support. occasions to easily be able to continue work. From both efficiency and risk management standpoints, it is a better plan to have an IT sup- 3) While it is true that one pays slightly more port person for almost any size of law firm. For for slightly less power when buying a laptop smaller firms, this will obviously be an outside versus a desktop computer, the difference is vendor. not very significant at this point. The big advantage to having all data on a 4) With a port replicator (aka docking station), server is that the law office operations can be a full-size keyboard and an external monitor,

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2071 the difference in the experience between working with laptops and desktop computers at the Windows vs. Macs lawyer’s desk is negligible. It is my conclusion that many, At this point, the vast majority of lawyers still use Windows-based if not most, lawyers should PCs. If you are a lawyer who loves to use Macs, you do not need my have laptop computers, and it approval to continue to do so. The number of Mac computers in law should be decided on a case to offices continues to increase slightly but steadily, and the number of case basis for the rest of the Macs on college and law school campuses does not indicate that will staff. The reception area is one slow. There are a lot of benefits to using Macs. However, for the law- area where it makes sense to yer of power user skills who uses a PC, there will be a significant have a desktop computer. learning curve when switching to Mac computers. And the cost will (Note: For larger firms this may be more because most lawyers will find they have to also install a differ. They may have several copy of Windows on their machine. For the lawyer who is not a power laptops available to be checked PC user, the Mac may seem to be easier to learn and more intuitive. I out by lawyers as needed.) now know many lawyers who operate their practices with Macs and they certainly swear by them. For a new desktop PC, four gigabytes or more of RAM is For more information on Apple computers in the law office, see the perhaps the minimum for a new Macs in Law blog at www.macsinlaw.com, the Macs In Law Offices machine. More is better. While (MILO) forum at http://groups.google.com/group/milogroup/ and The processor speed is not that MacLawyer at www.themaclawyer.com/. See also the blog post “8 important for most legal opera- Great Sites for Mac Loving Lawyers” at www.legalproductivity.com/ tions, it is suggested that any- get-productive/8-great-sites-for-mac-loving-lawyers. where in the 2.4 to 3.2 gigahertz range is adequate. For a notebook computer, four gigabytes of RAM is also indicated. More will make for a A monitor is required. In fact, this writer faster machine. would argue that two monitors are required for productivity purposes. Monitors are much The screen size of a laptop is clearly a per- cheaper now and large monitors from 22-25 sonal preference. Many people enjoy working inch LCD flat panel are a good plan for most on a smaller screen so that it can easily rest in lawyers. You will spend a lot of time looking at their lap on airplanes, and they also like the that monitor, so do not scrimp on its quality. lighter weight of smaller notebooks. Others (like me) are willing to put up with the extra Which operating system appears to be an easi- weight of a large screen laptop to see larger er question at this point in time. While many images and more viewable area. A laptop is one lawyers have doggedly stuck with Windows XP area where one should not buy a generic machine because it “just worked,” there are also missing and should rely on name-brand vendors like many benefits that are contained in Windows 7. Lenovo, ThinkPad, Dell, HP or Toshiba. Because Based on my reading of the initial reviews of of the expense for repairs and replacement parts Windows 8, there is a fair divergence of opinion. for a notebook computer, it is suggested that Most dislike the new “metro” interface, but oth- one at least take a look at the available extended ers say that can be easily bypassed. For most warranty contracts. Those agreements where lawyers, now is a great time to buy a new com- the company agrees to service your computer at puter with Windows 7 preinstalled and gain the your location as opposed to shipping it in for benefits of Windows 7. There are many Win- repairs are obviously more convenient. dows 7 features that I use daily, like the improved desktop search function and the snipping tool to THE ‘PAPERLESS OFFICE’ easily capture onscreen images. I question We know you understand that technology whether Windows 8 will quickly gain accep- within the law office carries with it the potential tance as it is a fairly radical design change in to use less paper. But, as a practical matter, this several ways. For entertaining reading, sample technology can result in more paper being used. “Windows 8 review: Yes, it’s that bad” from InfoWorld at www.okbar.org/s/infoworld. The “paperless office” or digital law practice is a necessity for today’s lawyer not as much for environment concerns, but for efficiency. It

2072 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 means no more lost files and quick reference to Printer models change fairly rapidly and so it client files without leaving your desk. You also is best to look for printer information online cannot back up paper files offsite as a practical when you are ready to purchase one, even if you matter. Backing up your digital files is a great intend to buy it in a local store. Ink jet printers protection for you and your client. are discouraged due to the high cost of supplies. Multi-function devices are great space-savers for So in today’s law office operations, a digital a home office, but generally a law office is best scanner is a requirement. Scanning is used to equipped with individual printers and scanners convert paper that comes into the office or is as noted above. A pricier, high-end multifunction created, like handwritten notes to a digital machine is still useful, particularly in the larger document that can be stored in the client’s firms. Many law firms will find that when they digital file. buy a large copier to meet their needs, the other In large law firms, the IT professionals will capabilities will be included. often push for the large centralized scanner- Fax machines will quietly become extinct, but copier-printer combination units. These are easy faxing will continue. More on that later. for the IT department to manage. My position is BACKUP, BACKUP, BACKUP that this is not efficient in the modern law office. Small desktop scanners located at each worksta- The most important business continuity pro- tion allow one to scan, and therefore file docu- tection that a law firm can implement is to pro- ments quickly, without having to get up and go vide for appropriate backup systems. Today a down the hall. law firm with a major data loss can have significant problems. The loss of thousands of dol- It is noted that if all workstation scanners are lars is the best case scenario. Therefore, a law sheet-fed only, there is the need for one flatbed firm would want to have two duplicate systems scanner somewhere in the law office to scan of backup even though the primary backup is fragile or critically important original docu- believed to be bulletproof. This is best accom- ments that one would not want to put through plished by using an automated online backup a sheet feeder. provider that is configured to make daily back- In our office, we use the Fujitsu ScanSnap ups of the files that are changed and a hard drive S1500. It is a very serviceable machine and that is used to make secondary backups. Some includes Adobe Acrobat Standard software as have files copied to a secure computer at a part of the package, making it a real value. It is partner’s house. Others buy portable hard fast and very popular in the legal technologist drives that can be plugged into the computer’s community. USB port for an additional backup. At least two of these portable hard drives are required as However, the ScanSnap is not a TWAIN com- they should be rotated so that at least one is pliant scanner, which means essentially that the always stored off-site. computer cannot run the scanner. From my own If you train your staff and lawyers to only personal point of view, I have found no problem store files on the server and not the workstation, with having to reach over to push the blue but- then one can also use specialized software to ton to start a scanning operation, but if you are copy a mirror image of the hard drive after it is interested in a TWAIN compliant scanner, my configured exactly as wanted. This way, if there colleague Nerino Petro recently reviewed the are ever any problems with a PC, the mirror Epson Workforce Pro GT/550 in the May/June image can be restored and the computer reset to 2012 Law Practice magazine. Here is a link to its original functioning capability. Mirror resto- the review: http://tinyurl.com/77sl4a9. It has ration is not as exact as one might hope, so it is similar features to the ScanSnap, even though also a good idea to have a master list of what is the Adobe Acrobat software is not included. done to set up a typical workstation. In addition to the scanner, of course the Since portable hard drives are relatively inex- office needs other peripherals such as print- pensive, some will just copy over files and folders, surge protectors and a backup solution. It ers to the portable drive. A backup software is suggested that uninterruptable power sup- package will compress the data, allowing one to plies/surge protectors be used for all of the retain more versions of the backup. There are computers in the office, as well as other good backup solutions included in Windows expensive pieces of hardware. XP, Vista and Windows 7. If you prefer a third-

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2073 party solution, there are many document assembly tools profiled with names like Handy Backup, in “Document Assembly for Law- Second Copy, Acronis True A standard fax yers,” 83 Oklahoma Bar Journal 941 Image Backup and BounceBack (April 4, 2012), that only work Ultimate Backup Software. machine still works with Microsoft Word. iPad users have to be content at this point The OBA has endorsed Core- well today, but they with a WordPerfect viewer app as Vault as a full service online no editor is available. backup provider. You can find will not be around out more information at www. The document assembly article corevault.com/oba. There are for long. noted above prompted a telephone several online backup provid- call from an attorney complaining ers, but CoreVault is an Okla- about promoting Word when in homa-based company with a his opinion WordPerfect is better long history in our state and a long history of and not from the “evil” Microsoft. In my opin- backing up data. ion, today it is not that one is better than the other, but it is that the user has learned to use SOFTWARE CONSIDERATIONS one more powerfully. Word and WordPerfect One can save a significant amount of money features function quite differently when you get by buying OEM software when the computer is beyond the basics. WordPerfect formats docu- originally purchased. OEM stands for Original ments based on hidden codes within the lines of Equipment Manufacturer and is licensed only text, while Microsoft uses styles. If you do not to work with the particular machine purchased. understand using Word styles, you need some That is a slight drawback as a fully licensed pur- more Word training. There is a significant chased non-OEM version of software can be retraining time and expense to migrate between used legally on any computer and most pack- either of the word processors. You may still ages allow that it can be used on two computers always pine for your first love. as long as the same operator uses both comput- PDF MANIPULATION SOFTWARE ers 80 percent of the time. There are more digital documents in our Nevertheless, when purchasing a computer future. For the present time, “digital docu- one should be aware of the retail prices for the ments” means PDF documents. Word process- software that is needed and check the bundled ing documents are for writing and editing. Once prices. Microsoft Office suite will almost always you have a finished document, then “PDF it” have a significant reduction if bought as an for filing or transmission. OEM package, as often will Adobe Acrobat Pro and WordPerfect. (Please allow me to repeat that Electronic document filing is becoming more the opportunity to get a copy of Adobe Acrobat and more common. Most lawyers deal with with a Fujitsu ScanSnap scanner is an extremely PDF documents almost every day at the present good value.) One place to get WordPerfect Office time. It is hard to imagine that a law firm can be fairly cheap and legally is www.corel.com/ without some PDF manipulation software. barassociation. Often the newest version of the Obviously the go-to standard is Adobe Acro- software is not available there until several bat X Professional found at www.adobe.com/ months after its release. The current version of products/acrobat.html. Adobe Acrobat Stan- Microsoft Office for Windows is 2010 and the dard is somewhat less expensive than Profes- current version of WordPerfect Office is X6. sional, but Pro includes features lawyers use Whether to use Microsoft Office suite or the like redaction, creating PDF portfolios and com- WordPerfect Office suite is a subject of much paring differences between two PDF files. Adobe debate within the legal community. But we are Acrobat has many functions including the very aware that most other types of businesses have important function of optical character recogni- gone to Microsoft Office exclusively. tion (OCR). New with Acrobat X is the ability to export PDF documents to Microsoft Word and While I appreciate that many lawyers swear Excel for editing. There are other packages that by WordPerfect, there are more and more add- are less expensive including Nuance PDF Con- on packages and utilities that only work with verter Pro 7 and Nitro Pro PDF. Unless the office Word and will not work with WordPerfect. Two already has a separate OCR program (which can examples include two Microsoft Word plug-in be pricey), a lawyer would likely not want to

2074 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 purchase any less expensive PDF manipulation search at www.copernic.com or X1 desktop program that did not have an OCR feature search at www.x1.com. Both of these third-party included. applications have many tools and filters. A standard fax machine still works well Smartphone. You may just want a mobile today, but they will not be around for long. phone to make phone calls, but efficiency We are seeing a significant move to electronic requires the ability to check your calendar and faxing services. Internet faxing options like email to make good use of otherwise wasted MyFax (www.myfax.com) or eFax (www.efax. time. iPhone J.D. www.iphonejd.com is a “must com) are proving quite popular. Faxes are visit” site for lawyers to learn more about received as PDFs attached to an email. These apps and ways to use their iPhones and iPads are quite easy to file in the digital client file. To more effectively. It is packed with product fax out, documents are scanned and sent via reviews. The Droid Lawyer http://the droid- email or a website to the receiving fax station. lawyer.com is the go-to place online for law- A less expensive alternative with fewer fea- yers who want to learn more about their tures is Send2Fax (www.send2fax.com). Droid phones and tablets. In the old days, the phone numbers available Document Management Systems (DMS) are to be associated with an electronic faxing ser- systems that take care of storing and organizing vice might have generated long-distance charg- all digital documents. These are really the ulti- es. But now you can contract for a toll-free mate filing systems. Some document manage- number. If a firm quits paying for a fax business ment systems can be configured so that no doc- phone line, it already may be saving money on ument can be saved or scanned without filling a monthly basis, before considering the cost of out the DMS form that allows for better retriev- the fax machine and supplies. But even if it is al. This is called forced user compliance. Most decided to keep the phone line for voice calls, DMS have full text indexing and retrieval. the convenience and time saving should make it Another important function of DMS is version- well worth the change. ing that creates discreet copies of versions of a TOOLS FOR SUCCESS document. This can be very handy in the event of an emergency. DMS also provide document Practice Management Software remains very security and often are set up for remote access. important. This will put together all of the various items associated with a particular file includ- Furniture. It is not my place to second guess ing billing records, documents, notes and calen- or micromanage your office decorating choices. dar contacts. This is a critical element of running But I do have a few observations. The funda- a 21st century law office because the PMS pro- mental question your décor should address is vides the list of open matter files. From that list “Does this look like a place where I can entrust one can open the individual files and find every- the most important thing in my life?” Most legal thing, including notes, documents, calendar matters feel like they are that important at the entries, billing records and more. The American time and many are. Bar Association Legal Technology Resource Cen- ter hosts an online chart comparing features of A lawyer opening a law office on a budget these products www.okbar.org/s/casemgmt. should definitely look at used furniture and business closing auctions. There are some fine Desktop Search Software. Because we are fal- opportunities there. Your intended clientele lible human beings and will make mistakes, it is may have some impact as well. A consumer important to have some sort of desktop search bankruptcy lawyer wouldn’t want their office to software. This can be used to find electronic look so expensive as to make potential clients documents that have been misfiled. It can also question whether they can afford you. A family be used to search for previously-created docu- lawyer might not want to appear to be overly ments. Thankfully, Windows 7 includes out- formal and unapproachable. A white collar standing desktop search application as a part criminal defense practice or corporate attorney of the operating service and the Macintosh would not want to have a thrift store aura about computers have had desktop search included the office. for a long time. If you don’t have a Windows 7 computer or just would rather have the addi- Be cautious about waiting room furniture that tional power of a third-party program, your is low or could be difficult to get up from. We all attention is directed to Copernic desktop want our law offices to be accessible. Make cer-

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2075 tain the waiting room furniture will be appro- very valuable that you have to keep overnight priate for the elderly or disabled. when there is not time to get to your bank safety deposit box. Document Shredder. You will need at least one document shredder in the law office. You CONCLUSION may decide to have one at every workstation. Equipping the modern law office is different Do not buy the cheapest paper shredder. You than it would have been many years ago. Hope- want it rated to handle at least five or six sheets fully this will give the reader a good start on of paper at a time. Cross cut shredders provide setting up or reorganizing the law office. greater security and the finer chopping means more paper goes into a container so you can empty it less frequently and the trash bags hold more. The very cheapest shredders are nothing About The Author more than a light plastic trash can with the shredder attachment on top. They are often Jim Calloway is the director of unstable and easy to tip over, plus they are often the OBA Management Assis- messy to empty. A shredder that empties with a tance Program and manages the slide out compartment rather than taking the OBA Solo & Small Firm Con- shredder off the top is desirable as are those that ference. He served as the chair will accept plastic cards, envelopes and staples. of the 2005 ABA TECHSHOW board. His Law Practice Tips Filing Cabinets. Even in a state of the art blog and Digital Edge podcast digital law practice, you will still need some fil- cover technology and manage- ing cabinets. You also may want to consider one ment issues. He speaks frequently lockable filing cabinet or safe that is fire and on law office management, legal technology, ethics water resistant. You should try to avoid it, but at and business operations. some point someone will drop off something

2076 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2077 2078 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE

The Non-Tech Side of Starting Your Own Practice By Michelle C. Harrington

ith all the current technology, it is easier than it once was to start and maintain a law practice for reasonable costs Wand with a minimal staff. But no matter how techno- logically savvy you are, if you don’t develop good people skills and relationships, you will end up with a bunch of fancy gadgets and nobody to show them off to. I will leave the technology discussion to the Jim Calloways of the world and focus on the need for human interaction in developing your practice.

For a new practitioner or someone going out what irks the judges. Follow up with the attor- on their own from the umbrella of a firm, it will neys afterward if you have a question about the be necessary to gain experience, develop credi- proceedings or a sincere compliment about bility, obtain clients, and keep clients and refer- something you benefited from seeing. rals coming. If you are an established attorney As important as meeting good practitioners starting a new practice in an area that you are and judges — if not more so — is meeting the already experienced in, skip to “Gaining Credi- judge’s clerks and bailiffs. These are the gate- bility.” If you are a new practitioner or an estab- keepers and the people in the know. Stop by and lished practitioner starting off in a new area of introduce yourself to them. Let them know you law, read on. are a new practitioner or new to that area of law GAINING EXPERTISE and you want to observe. Ask them if they have any suggestions on upcoming proceedings for We generally don’t learn how to practice law you to view. With a few flips of their docket in law school. We learn about the law, we learn book pages they can recommend cases that will about researching the law, we learn about ana- be instructive, interesting or downright enter- lyzing facts and the law, we even learn about the taining because of the issues, an attorney or the practice of law to some extent — but we don’t combination of attorneys. They know where the learn how to practice law. We only gain that drama lies. knowledge from seeing it done and doing it. As you start up your practice — before the phone The clerks and bailiffs are also fonts of knowl- starts ringing off the hook — take advantage of edge when it comes to dealing with their judges. the open spots on your calendar and take your- They are the go-tos when you have a question self to the courthouse. Watch motions and trials that starts out: “How does your judge prefer . . .” in the areas you will be practicing. Make notes Anything from if she likes the court exhibits at about what is effective for the litigators and pretrial to how she sets specific motions are gen-

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2079 erally topics the staffers can give you a heads up GAINING CREDIBILITY on. But when you visit them, make sure to bring Credibility and reputations are the result of a along humility and sincerity. They deal with process and time. There are numerous things many arrogant, self-important people — don’t you can do to enhance both. One is to teach a be one of them. They are schmoozed by world- class in the area you are interested in. While a class schmoozers who enable them to quickly law school may be the optimal venue for your spot insincerity coming through the door. skills and goals, there are only three in Okla- Another way to get valuable insight into homa so the opportunities are limited. How- your area is to contact an experienced attorney ever, there are many other options available who has a good reputation in the community. such as community colleges, universities with Let him know that you are not looking for a undergraduate law classes, business schools and job, but that you want to practice in that area online courses. Don’t limit yourself to positions and you would like to buy him lunch in that are advertised. Find out who the decision exchange for an hour of his time chatting with maker is with regard to hiring at the institutions you about his practice. A well-established attor- you are interested in and make contact. If you ney will not feel threatened by such an offer — know someone who is an adjunct, ask them you are not his competition. When I got ready to what path they took — sometimes having a start my own practice, I contacted five such referral from another instructor at the same practitioners. Each one was willing to spend that place is helpful. There are several added benefits time with me and give me helpful input. I devel- to teaching. One is that you will probably be oped rapport that allowed me to call and ask the surprised at how much more you learn about occasional question later on. Four out of five your own area as you prepare to teach it to oth- actually sent referrals — I was charging less than ers. Other benefits are discussed later. they were and was able to be more flexible with Affiliate yourself with groups and organiza- clients by accepting payment plans and other tions that enhance your knowledge and allow options that the more established (read: less you to network with other practitioners in your hungry) attorneys would not do. field. The Oklahoma Bar Association has sec- Of course, watching and listening will only tions in most areas of law. Many county bar get you so far — you have to actually do it to associations have sections in some areas. Attend- figure out how it’s done. A great way to get ing section meetings helps you stay current in some hands-on experience while you are wait- your area, meet others already practicing in that ing for the paying clients to come through the area, and often exposes you to topical speakers door is volunteering for one of the many great and materials that might not otherwise be avail- organizations out there that need help. Legal able to you. Aid can always use some extra lawyer hands to Offer to speak. (If you just winced, you need enable them to assist economically-challenged to get past that discomfort. Take a course or litigants regarding a plethora of areas of law. join a local chapter of Toastmasters1 to prac- Trinity Legal Services is a faith-based organiza- tice.) Let teachers, civic groups, church groups, tion that also needs attorneys in different areas law committee chairpersons and continuing of practice. If you know you want to work with legal education (CLE) programmers know that families or children, Oklahoma Lawyers for you are available. Be creative with topics and Children is a good place to go volunteer. There gear them to your audience. For instance, a is an abundance of other programs needing criminal lawyer may speak at a criminal law similar assistance that may be found through bar section meeting about a new statute, at a your county bar or the Oklahoma Bar Associa- civic organization about illegal Internet scams tion. One of the nice things about volunteer people need to be aware of, and at a commu- service is that there are resources — human nity college about uses of social media which and otherwise — that are available to assist may get users in trouble. that you won’t have on your own. The results PROFESSIONAL NETWORKING of helping someone who needs it while gaining valuable experience is its own reward. The It is important to network with practitioners relationships built with others in the organiza- both in and out of your area of law. As previ- tion, getting your name out there, and develop- ously mentioned, joining professional organiza- ing the heart to continue serving even after you tions and bar sections gives you the opportunity are more tenured are bonuses. to meet and interact with attorneys and judges

2080 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 working in your own area. These connections Both topics can be found in other articles that are great when you need somebody to bounce address technology. Here we will focus on inter- ideas off of, field questions, share strategies personal ways to get your name out there. and materials. This is the group that enables Teaching a class in your area was mentioned you to avoid recreating the wheel. above as a great way to develop credibility. Some may say that “shy attorney” is an oxy- Teaching in general is also a way to reach moron. Yet in public groups we often hang out potential clients. I am not advocating taking on with the people we already know. When you a teaching position so that you can solicit cli- attend meetings and CLEs, get ents. I am telling you that when outside your comfort zone and you teach a class in a topic that sit next to someone you don’t you have interest in — whether know. Introduce yourself to it is law related or hobby based new members. Challenge your- Other ways to — you are interacting with peo- self to meet at least one new ple who know you are a lawyer person at events. meet and mix with — often the only lawyer they know. If you are doing your job Mixing with attorneys and diverse groups are to well, you are a lawyer that they judges who work in different have a positive impression of. areas of law is also helpful. attend CLEs outside When they, their friend or their First, many types of law are family members have a legal inter-related and it can be edu- of your area, attend need, your name will come to cational learning more about mind. [Caveat: don’t represent the overlap. Second, the exper- the OBA Annual a current student if you are tise of others can be a rich teaching a class that gets grad- resource. For instance, family Meeting and attend ed. After grades are in and they law attorneys deal with issues are no longer your student regarding their client’s property, bar functions. there would not be a conflict.] taxes, potential bankruptcy, criminal activities, social secu- In addition to the teaching rity, employment benefits, workers’ compensa- institutions mentioned previously, vo-tech tion issues — you get the idea. Interacting with schools often have a myriad of opportunities attorneys in different areas allows you to for instructors teaching everything from com- develop a go-to roster which will enhance your puter classes to jewelry making. Some schools practice. Be accessible to be on their rosters. welcome new class proposals. I know one One of the best entities to join to enjoy this type attorney who pitched the idea of a class to of interaction is an Oklahoma chapter of the teach students how to play poker — he was American Inns of Court. The mission of the hired to do it! that organization is to promote civility and eth- You get the same two-for-one benefit from ics amongst attorneys. The Inns are structured some of your speaking engagements. No matter to encourage interaction with attorneys from what group you are addressing or what your different legal backgrounds and different lev- topic is, let the audience know at some point that els of experience from pupils (law students) to you are an attorney in your specific field and masters (being an attorney for more than 20 always pass out your business cards with your years) and everything in between. There are six contact information in case anybody has follow- Inns in Oklahoma.2 up questions. Better yet, prepare a handout with Other ways to meet and mix with diverse points of interest that your audience will want to groups are to attend CLEs outside of your area, keep for a reference and make sure your relevant attend the OBA Annual Meeting and attend information is on that. bar functions. Check out the committee options Join non-legal groups that you have a sincere for the OBA3 or your local bar. Find one that is interest in. Civic organizations like Lions Club, interesting to you, volunteer, and participate in Rotary Club and the National Exchange Club4 a meaningful way. allow you to participate in projects that enhance FINDING CLIENTS your community as well as enjoying a social component with individuals who may need, or Advertising and social media probably know somebody who needs, your services in immediately come to mind. Both are options.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2081 the future. Join groups that focus on a cause CONCLUSION you believe in or a hobby you enjoy. I have got- This article includes ideas to interact with ten many referrals from my book club buddies others in a way that will result in gained expe- over the years — in addition to reading some rience, enhanced credibility, networking oppor- fascinating books I never would have chosen tunities and new clients. It is not intended to be myself. comprehensive — there are entire books dedi- And the best way to get new clients? Treat cated to this topic. The intent is to remind you your existing clients like gold. In this day of that while technology is necessary, helpful and instant gratification where a two-minute wait a great resource, other people are just as neces- results in much wailing and gnashing of teeth, sary, helpful and the great resources you need businesses that treat their clients special and to help you build and maintain the kind of offer personalized services stand out. practice that makes a mom proud!

Give clients your total attention during 1. Toastmasters is an international nonprofit organization. Its pur- appointments — no assistants bustling in for pose is to teach its members to learn or enhance their public speaking skills. There are 84 chapters in Oklahoma. To find one close to you go you to sign documents or give you messages to www.oktoastmasters.org and select the “club directories” option. about other cases, no sneak peek at the cell 2. There are two Inns in Tulsa (Council Oak/Johnson-Sontag American Inn of Court and The Hudson-Hall-Wheaton American Inn phone that just dinged with the arrival of a of Court) and four Inns in Oklahoma City (The Luther L. Bohanon new text. Consider giving them a folder labeled American Inn of Court, The Robert J. Turner American Inn of Court, with their case style to store forms you want the Ruth Bader Ginsburg American Inn of Court and The William J. Holloway Jr. American Inn of Court.) Each Inn sets its own criteria for them to fill out as well as information that will membership. be helpful to them. Communicate with them. 3. To find a list of committees, membership list and mission statements, go to www.okbar.org/members/commitees. Explain up front how long on average it takes 3. The National Exchange Club is a nonprofit organization which to return calls so that they have realistic expec- focuses on community, patriotism and service with a formal mission to prevent child abuse. There are seven chapters in Oklahoma: The tations and don’t feel ignored if you can’t get Exchange Club of Edmond, The Noon Exchange Club of Edmond, The back to them the same day they left a message. Exchange Club of Muskogee, The Exchange Club of Norman, The Keep them in the loop — copy them on all Exchange Club of Oklahoma City, The Downtown Exchange Club of Oklahoma City and The Exchange Club of Stillwater. ingoing and outgoing documents regarding their case. If there is a long lag time between activity on their case, shoot them an email to About The Author touch base and reiterate what the next step is. Make note of their birthday on your intake and Michelle C. Harrington is a acknowledge it if it comes up during your rep- solo practitioner whose practice resentation. Don’t make lame excuses for a is restricted to family law and screw up or time delays — own it, apologize guardian ad litem representation. and do better. At the close of their case, skip the She received her J.D. from OU form letter and send one that is personalized in 1992. Ms. Harrington has thanking them for using your services and been an adjunct professor at wishing them the best. A client who feels he OCU School of Law since 1999 has been heard, that his attorney did the best teaching family law and related she could in his case, and that he mattered as a courses. She is the author of Oklahoma Family Law person is a client who is likely to refer other Direct and Cross Examination, www.okfamilylaw.net. clients.

2082 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Wednesday, October 24, 2012 Registration begins at 8:30 am Oklahoma Bar Center Presents Law Practice Montage Seminar

FRE E To V olun Register at teer A Cam a ttor paig nd neys www.probono.net/ok n for Just ice Do nors

Featured Speakers and Topics: * Phil Tucker, Attorney, Tucker and Tucker, Edmond, Oklahoma SCRA: The Real Rules of Engagement and it’s Impact in Family Law Practice * Jerry D. Brown, Attorney, Jerry D. Brown, P.C. Question & Answer Session on Bankruptcy Issues * Robin Wilson, Attorney, Oklahoma Dept. of Mental Health and Substance Abuse Services Confidentiality * Catheryn Koss, Attorney, Oklahoma City Basic Incapacity & Estate Planning—Four Key Documents * Leslie March, Chief, Victim Services Unit, Oklahoma Office of the Attorney General Legislation and Lethality * Travis Pickens, Ethics Counsel, Oklahoma Bar Association Unauthorized Practice of Law and other Ethics Hot Topics (1 hour ethics credit)

Credit: Approved for 6 hours MCLE, including 1 hour Ethics Questions? Cindy Goble 405-488-6823 or [email protected]

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2083 2084 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE Professional Liability Insurance – The Rest of the Story By Alison A. Cave nsurance is a fact of life. Health insurance helps you pay the medical expenses incurred during a medical emergency. IMotor vehicle insurance helps you get back on the road after a crash. Homeowners insurance gives you the peace of mind your possessions can be replaced in case of a tornado, a burglary or other tragedy.

But are you adequately protecting your career ment will be the average value of the cases you as an attorney? Although attorneys rarely make handle as the loss can exceed the average value. the media highlights for civil lawsuits, the risk However, it is a good starting point, but one in of financial and professional ruin is a reality. which you should include some cushion due to The best protection is to purchase professional time factors. In some instances, a claim will not liability coverage. Lastly, do not forget, you be brought for a considerable time such as in a want your clients protected as well. real estate case where the alleged malpractice is not discovered until the property is sold or the Don’t panic. As in any purchase of this type, owner dies which can be for some lengthy peri- you need to find a company with whom you are od of time. Therefore, a loss may have increased comfortable, confident and trust to assist in due to inflation as well as other factors. every stage of a professional liability claim. Here are some key tips for understanding professional Second, consider defense costs. Litigation is liability insurance. expensive. Some policies can include a claims expense allowance, which is in addition to the THINK ABOUT HOW MUCH COVERAGE YOU NEED liability limits. “Claims expense” means fees charged by any attorney designated by the mal- Professional liability coverage often comes practice carrier to represent you in a claim and with two liability limits (split limits). The per- all other fees, costs and expenses resulting from claim limit is the maximum coverage you will the investigation, adjustment, defense, repair have for any single claim in the policy period. and appeal of a claim, if incurred by the mal- The aggregate limit is the maximum coverage practice carrier. you have for all claims covered in the policy period. So how much coverage do you need? Be aware of how the claims expense allowance Unfortunately, there is no magical mathematical is handled. If the policy includes a claims expense formula but here are some factors to consider. allowance, once the allowance is exhausted, the expense then is taken from the liability limit. In First, consider the monetary value of the cases other words, the policy begins to waste away you handle. Average dollar value can be mis- until the liability limits are exhausted or the mat- leading because there is no guarantee a loss pay- ter is resolved within the liability limits. If the

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2085 policy does not include a claims expense allow- termination of coverage under a previous policy. ance, the expense is taken directly from the pol- The date may also coincide with a change in icy limits and begins to waste from day one. employment. These are factors to consider when deciding how The pricing for a claims-made policy is stepped, much coverage you need to purchase. meaning the annual premium is deeply dis- UNDERSTAND HOW A CLAIMS-MADE counted at first and will go up each year for POLICY OPERATES several years to a point where the policy reaches A claims-made policy will provide coverage maturity and rates level off. The “step-rating” for alleged actions which occur during the time methodology does provide a benefit to those the policy is in effect as long as the policy is still entering practice, as it allows them to do so in effect when the claim is made. The important much less expensively. Continuity of coverage is date in a claims-made policy is the date the claim critical under the claims-made form. It is recom- is made (first reported) not the date the incident mended an insured purchase extended report- occurred. The date the incident occurred might ing endorsement also known as “tail coverage” be important for purposes of determining wheth- if the insured decides not to renew coverage. Tail er this date was excluded by a prior acts exclu- coverage will continue to cover claims for actions sions, which will be discussed more fully below. occurring during the policy period. One of the seminal statements on the subject of UNDERSTANDING THE ELEMENTS OF distinguishing claims-made policies from occur- PROFESSIONAL LIABILITY COVERAGE rence policies was enunciated by Sol Kroll: Professional liability coverage can be broken With the development of a more complex down into the following elements: society, it became more reasonable, particularly with respect to the activities of profes- 1) The application sionals, to insure against the making of 2) The declaration page claims, rather than the happening of occur- rences, and “claims made” insurance devel- 3) The insurance policy, which will include oped to meet a need for professionals to coverage agreements, exclusions, defense insure against the making of a claim as the and settlement provisions, limits of liability insured event, rather than having to strug- and conditions gle with traditional concepts and difficul- 4) Endorsements ties inherent in determining whether the “event” insured against was the commis- Each element is discussed in more detail sion of an act, error or omission or the date below. of discovery thereof or the date of injury The Application caused thereby. In the application, you supply material about The major distinction between the “occur- the law firm, yourself and any attorneys practic- rence” policy and the “claims made” policy ing with the firm, and the law firm’s practice. Be constitutes the difference between the peril truthful. If you suppress relevant information, insured. In the “occurrence” policy, the the insurance company may have grounds for peril insured is the “occurrence” itself. cancelling or voiding your policy. Once the “occurrence” takes place, coverage attaches even though the claim may If you have a “high-risk” practice or claims not be made for time thereafter. While in and fear these may preclude coverage, do not the “claims made” policy, it is the making succumb to the urge to sidestep furnishing the of the claim, which is the event and peril insurance company complete information. Rath- being insured, and, subject to policy lan- er, show the insurance company what steps you guage, regardless of when the occurrence have taken to minimize perils in your practice took place.1 and explain why the insurance company should not be fearful of insuring you because of the Thus, the date of the alleged error or act is only procedures you and your firm have taken to relevant to make sure the alleged error or act is mitigate those exposures. not excluded under a prior acts provision. Prior acts provisions bar coverage for claims arising Disclose all past claims and explain any exten- out of an insured’s wrongful acts prior to a uating circumstances, mitigating facts and cor- specified date. The date may coincide with the rections made to the firm’s practice. The more

2086 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 information you can provide will establish you Exclusions Section: states specific activities, and your firm are aware of the issues. The which are not covered. description of the steps you and your firm have The coverage section provides coverage and taken to solve these earlier claims will help the the exclusions section takes coverage away. If an insurance company see the risk has diminished activity is in the exclusions section of the policy, because of your curative actions. Remember to you do not have coverage for that activity. It is complete all questions and put your best foot up to the insurance company and the terms of forward. the policy if a defense (with no obligation to pay The Declaration Page a judgment) will be provided. The declaration page summarizes the provi- Each insurance company’s policy is different, sions of coverage, specifies the beginning and so it is extremely important to examine exclu- end of the policy period, states the limits of lia- sions carefully. Listed below are exclusions bility on a per claim basis and aggregate annual sometimes found in professional liability insur- basis, specifies the deductible per claim, and the ance policies: impact of defense costs to the limit. The “Named • Dishonest acts Insured,” which is acknowledged on the declaration page, will be further defined in the insur- • Fraudulent acts ance policy itself and may be defined further by an endorsement. • Criminal acts The Insurance Policy • Malicious actions The insurance policy usually will encompass However, an innocent partner is usually af- the following provisions: forded coverage for the four acts listed above. Coverage Section: details for what services, • Claims made by or against a business events or actions coverage applies. Services, enterprise owned or controlled by an activities or actions, which may be covered, insured (the business is making the include: claim) • Professional services as an attorney; and • Claims arising out of or in connection with a business enterprise owned or con- • An attorney who has been court appoint- trolled by an insured (a third party is ed to act as trustee or executor. making the claim) in which a conflict of interest is alleged, or in fact present This section will include the definition of named insured, which is usually defined as the • An attorney’s activities as an officer, partnership, professional corporation or indi- director, etc., of a business not owned or vidual names on the declaration page. Other controlled by the insured lawyers covered by the policy are usually listed on an endorsement page or as additional • Activities as a public official insureds. • Any claim arising out of bodily injury, In addition, the policy may specify the follow- sickness, disease, or death of a person, or ing coverage: injury to or destruction of any property 1) “Prior acts” which is coverage for acts that • Loss sustained as a beneficiary or dis- occurred prior to the policy period, the date on tributee of a trust or estate which the prior acts coverage is effective will be • Claims involving division of fees or fee stated either in an endorsement or the declara- apportionment between an insured and tion sheet. any other insured, lawyer or 2) Optional extended reporting period, which lawyers is additional coverage for claims reported after • Claims involving discrimination and/or the expiration of the policy for errors committed sexual harassment within the policy period. Usually, this coverage must be purchased within 30 days of the policy’s • Prior acts where the insured had knowl- expiration for a specific time period and for an edge of or should have foreseen the additional premium. claim

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2087 • Claims involving punitive damages, the additional claims arising out of the fines, statutory penalties and sanctions same acts. • Claims for the return of fees Conditions Section: stipulates certain conditions to coverage. Defense and Settlement Section: explains the law firm and the insurance company’s rights • A requirement the insured provide time- regarding settlement, such as whether the law ly notice to the insurance company of all firm’s consent is required to settle. claims and potential claims. • The policy will usually provide who has • A requirement the insured assist and the right to select defense counsel in the cooperate with the insurance company, event of the claim. which may include attendance at hearings and trials, attendance at depositions • The policy will usually provide whether and securing evidence. the insured’s consent is required to settle a claim. If the insured’s consent is • Subrogation rights. required, policies often place a limit on • Provision of coverage in excess of other what the insurance company will pay if available insurance. the insured refuses to settle • Provision regarding the arbitration of Limits of Liability Section: states what and claims. how the policy will pay. • At least a 45-day notice of cancellation of • The specific limit of liability of each the policy by the insurance company. claim Endorsements • The aggregate liability on a firm basis – in other words, the total limit of liability Endorsements alter coverage in some way on for all claims in that policy year a firm-by-firm basis. Insurance companies use endorsements to change coverage on a selected • The per claim deductible or the aggre- basis, without altering the policy for everyone. gate deductible. In other words, does the Endorsements can either add coverage by includ- deductible apply to each of every claim ing work as a title agent or adding any attorney separately or is there a total deductible to the policy. Endorsements can change cover- to be paid in a single year. age or limit coverage by excluding a specific • Whether claim expenses are included in lawyer from the firm’s coverage or to expressly the limits of liability or does the policy exclude a business entity. have a “claim expense allowance.” If the CUSTOMER SERVICE claim expense is included in the limits of liability, the amount of coverage avail- Finally, do not forget customer service. When able to pay the loss shrinks daily from you are considering your professional liability the cost of defending the claim. If there carrier, look at how easy or difficult it is to pay is a claim expense allowance, the amount premiums, renew policies and contact the com- of the allowance is available to defend pany with questions. Is the company local or the claim in addition to limits of liability. have an office located in your area? Is the com- However, once the claim expense allow- pany committed to writing this line of cover- ance is exhausted, then the limits of lia- age on a long-term basis? There are times bility will be used to pay the defense as when it may be important for you to have the well as the loss. ability to meet with the claims personnel or underwriting personnel face to face. More • Whether two or more claims arising out importantly, when you have a claim, you of a single act or series of acts are consid- want to feel comfortable talking about the ered a single claim. If they are consid- details of the claim, which may involve some ered a single claim, the policy may pro- delicate or even embarrassing situations. Be vide the policy year in which the first act sure you explore those customer service issues is reported is considered the claim report- before you purchase your professional liabil- ing date. Thus, the limits of liability and ity coverage and make sure the professional terms of coverage will be the same for

2088 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 liability carrier is the right fit for you and your law firm. About The Author Alison Cave is Vice President

1. Anderson v. Ichinose, 760 So.2d 302, 305 (La. 1999) quoting Sol Kroll, The Professional Liability Policy “Claims Made,” 13 Forum 842, 843 of Claims for Oklahoma Attor- (1978). neys Mutual Insurance Company. Ms. Cave began her legal career as a law clerk with Justice Yvonne Kauger of the Oklahoma Supreme Court. She was a law clerk for the Court of Civil Appeals. She has taught legal research and writing/ appellate advocacy at Oklahoma City University. She was an associate with Steidley & Neal. She was an associate with Driskill & Jones.

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Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2089 2090 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE

Going With the Flow The Truth About Cash Flow Management By Douglas Gierhart

verything I learned about cash flow management, I learned from one of the best universities in the world: the College of EHard Knocks. Regrettably, I did not learn cash flow and money management in law school; and I really did not know how to learn it.

In the beginning of my legal career, some things I began working at age 10 selling TV guides to came easily to me – clients actually came to my people in my neighborhood. I would walk or office; and if I had a question about procedure, I ride my bicycle to their houses and deliver the could just ask another experienced lawyer. How- TV guides to their doors. I usually did this on ever, the absolute hardest part of running my Thursday and Friday nights, and they paid me office was understanding cash flow management; on the spot. I have absolutely no recollection of and I was too embarrassed to talk to anybody what I did with the money I earned from this about it. business venture. I certainly had no direction from my parents about saving or using it to my Having gone through extreme financial adver- advantage. sity after my divorce, and after the sudden drop in cash flow after 9/11, I realized I could not I then worked my way up to being a newspa- continue to operate my law office finances the per delivery boy and did that from about age 12 way I had done in the past. I could no longer fly to about age 16 or 17. I bought a motorcycle and by the seat of my pants. I took the next necessary paid for it with my income from the delivery step and admitted I just didn’t know how to do it. route. Again, nobody told me about how to I decided I was going to learn. Truth 1) You have manage my money; and as a result, I had no sav- to want to learn. ings for a car, nor did I make any wise invest- ments. Truth 2) What you learned about money For much of the population, money manage- management, you probably either learned from ment does not come easy. Some people seem to your family or made up as you went along. be hardwired to manage numbers — people like mathematicians, accountants, and engineers. Maybe you have decided to open your own But many of us have trouble wrapping our practice but don’t know where to start financially. heads around it! To begin the process of managing your money and cash flow, you must learn to budget. It wasn’t easy for me, and I consider myself fairly intelligent. I had learned some bad habits The word “budget” carries many bad connota- growing up, and as a result, I developed a bad tions. However, a budget is nothing more than a philosophy about money. plan for disbursing your money. If you don’t budget, you may find someone else wanted

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2091 your money worse than you did, or that it went technologies, you can operate your law office someplace else because you didn’t have a plan. differently than in the past. Ask yourself ques- You can’t be financially successful without a tions at each step along the way because over- plan. Truth 3) Budgeting is essential! head affects your ability to manage cash flow I used to have a pastor that would talk about and how much you ultimately put in your “stinkin’ thinkin’” and the problems it created pocket. in our life journey. The same is true for your First, you have to figure out whether you law office. Your clients come in by the grace of need office space. For some lawyers, office God. You can develop a marketing plan, make space is an unneeded expense; their office is a yourself known, attend marketing meetings, virtual office. One lawyer I know practices Chambers of Commerce meetings and adver- Social Security Disability, VA disability and tise until you are hemorrhaging money; but federal worker’s comp. He doesn’t meet with clients will only come in when they need your clients in an actual office. He exchanges emails services. People get divorced, people die, peo- and has clients sign releases via the Internet. ple have car wrecks, but they may not come to your office! Truth 4) You can’t force clients to Ask yourself, if you need an office space, come in, so manage the money you have. what size of space will you need? What utilities will you need? Do you need a landline phone, Many young lawyers think they should drive or are you going to operate with a cell phone the nicest cars, wear the best clothes and have only? Also, will you need a secretary or a legal the nicest watches “because they deserve it.” I assistant? If you have a legal secretary, how was one of those who thought I had to drive a much are you going to pay, and how many nice car the minute I graduated from law hours can you expect to get out of the money school. I presume I was bombarded by TV, you have budgeted for employees? Truth 6) movies and friends who told me I must have Remember that your overhead is directly been making a lot of money since I became a related to how much you take home. lawyer. I just forgot to look at my checkbook and figure out that I wasn’t! I didn’t deserve My best advice is to begin small — including anything. I wasn’t guaranteed to make money, your office space. You will then need to try to but somehow I thought for sure that was just figure out what your minimum salary is. Unless going to happen — that was normally what you have money from other sources, you have happened with lawyers, right? opened your law office to make money. The I make money now because I have a good lower your overhead, the more money goes in reputation in my community, because I worked your pocket. After you have done this, figure the hard and I learned how to manage my money. total cost of all the expenses, and divide that Truth 5) Successful lawyers don’t just happen. number by the number of times you are going to They are created over a long period of time. pay yourself each month. To cover those expenses, decide whether your anticipated hourly rate BUDGETING BASICS and flat fees will cover your budgeted expenses. Budgeting begins with knowing the differ- If not, then you have to rethink your overhead ence between a “need” and a “want.” In your and cut where you can. Truth 7) Live within personal life, you need housing, transporta- your income! You’ll do even better if you live tion, food and clothing. There are really only a well within your income. few needs in a law office, but there are many WHAT BANKING ACCOUNTS DO I wants. NEED? You must understand the struggle, especially You should set up at least three different with lawyers, to feed our egos with wants. One accounts to manage your money. Don’t forget example of this is my purchase of my Cadillac that your law office is a business. Running it as CTS. I really enjoy my car. However, did I need a business is absolutely necessary. I have an that Cadillac? No, I wanted it. I had a nice operating account at my office from which I pay enough Nissan Altima, but that Cadillac fed my weekly payroll, rent, utilities, insurances, my lawyer ego! and all other bills necessary to run my office. I So, decide what your needs are. You have to also have my fee account that all my earned fees seriously question what you think you know go into. I transfer my weekly budget to my oper- about your needs. With the advent of newer ating account from this account.

2092 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 I also have a trust account that I operate because in my practice, I must draw from unearned retainer fees. I have settlements from Don’t underfund or personal injury cases that go into the trust account to pay my fees and liens, and then I undercapitalize your accounts to distribute the balance of funds to my client. I also have a separate savings account for my operate your business. taxes and a money market that I use as my backup savings. Don’t underfund or undercapitalize your wake up one day and realize they are in deep accounts to operate your business. In my oper- with the OTC because they have a cease and ating account, I have budgeted to make sure I desist sign posted on the door of the business. have at least two weeks — the current week Since, as lawyers, we do not have sales tax, and one other week — of payroll, rent, utilities, you must save for either an estimated tax or insurances and other expenses. In your account, payroll withholding taxes. Regardless, you you should do something similar. should recognize this as a savings. Figure out In your tax savings account, you should also how much you should save either from the budget to make sure you have an amount schedules or by employing the service of an equal to at least two months of taxes. In your effective accountant. fee account, you will have all your earned fees, Fund your tax account each pay period! Pay it and from these funds you should try to fund all immediately when payroll is made, and put it your accounts. You should determine how in a different bank than your other accounts. much you want to keep in your earned fee This will help you realize it is not your money. account and then budget for emergency, bonus The IRS will tell you, and you must learn this and “when life kicks your butt” transfers. truth, that this is trust money. Learn from my Now let’s talk about savings. Budgeting mistakes. I didn’t figure this out early on, and basics are the same for your business as for it has created problems for me in the past. your personal life — budget for both savings If you do not pay, they will come! Because your and expenses. Your failure to save will put payroll and withholding taxes are considered pressure on you when money doesn’t come in. trust money, the IRS and OTC will come after Life is going to hit you, and things aren’t going these amounts with vigor. They do not look to go like you have planned. Plan on it! The old kindly to you using their money. So, remember, truth is still truth. Truth 8) Failure to plan is a fund your tax account in a separate savings plan to fail. account at a different bank. SAVINGS ACCOUNTS Because we don’t want to have the IRS and Why save? Because you will never get ahead OTC come knocking, the idea at my office is if you don’t. You should save extra to put into that we should have enough money in our tax your operating account, fee account, savings account for this month’s and next month’s account, and money market. You are foolish if taxes. If you fail to pay, you will receive a you think you don’t need to save for slow notice of intent to levy, and they will levy if times. If I let my accounts get down too low, do you fail to make arrangements to pay. It is a I sweat and stress? You bet I do. But because I waste of your time dealing with your accoun- have a budget and cash flow plan that works, I tant and the IRS or OTC if you didn’t properly don’t sweat and stress as much. set aside your withholding taxes to begin with. Another reason for having an extra month of TAXES taxes in your tax account is that there are slow Yes, you must pay taxes! This is the top prior- periods when funding the taxes is a real stress- ity when it comes to savings. Some might or, which is a good segue to knowing about argue that this should be a savings account, cycles and seasons in your law office. and I would agree. You need to develop it as a CASH FLOW MANAGEMENT habit. This is a necessity. I have had to represent clients who didn’t understand this basic con- To lessen your stress and prepare your bud- cept, and their business closed because they get, you must also understand that there are didn’t set up and save for the sales tax. They seasons or cycles in cash flow. In my law office,

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2093 we know April, August, November, December had worked all week and weren’t paid by their and January are slow months. These slow employers. However, they don’t realize they times are as regular as clockwork; and because may be hurting you when they don’t pay you. I know that, I prepare by saving money during the busier times. Many clients have an unrealistic view that all lawyers are rich. This perception is propound- After several years, we finally figured out ed by TV, the Internet and society. Society why these months were slow for my business. seems to believe that once we graduate from April was slow because people were worrying law school, we are presented a check for $1 with tax bills. August was slow because clients’ million. They seem to believe we have perse- children were going back to school, and they vered, worked hard and are now rich. were buying clothes and school supplies. November, December, and January were slow What they fail to realize is that graduation is because of the holidays. Clients are always nothing more than a transition. I am working more worried about paying for their families’ harder now than I did years ago, but I am mak- Christmases than paying for their lawyers’ ing much more money than I did. I also, finally, Christmases. I struggled managing my cash graduated from the school of hard knocks. flow for years, until I finally figured this out Truth 11) Clients need your services when and began budgeting. they hire you and are less likely to pay after the work is done. Also, realize these issues happen every year! Dave Ramsey is someone I have learned much BILLING from about managing cash flow. He comically says people act like Christmas is celebrated on If you have hourly rate fees, bill monthly. a different day each year and they exclaim, This improves cash flow immensely. I began “Oh my gosh, they moved Christmas! It’s the habit of billing early on, but it is so much December this year!” easier now with the available software that is on the market. You may have unanticipated lulls in your business also. This past spring, my bankruptcy When I opened my law office in 1984, we practice was slow and didn’t hit the levels it billed in a cumbersome manner, and it was did in the past. I talked with several bankrupt- irregular as a result. Billing regularly is a neces- cy attorneys and found that their practices sity if you choose to have hourly rate billing. were off too. I learned from talking with other There are many types of billing software on the attorneys that this was a season of low cash market which reduce the time to complete the flow. Because I knew to look for a season or task of billing to less than an hour. Simultane- cycle, I didn’t panic and make an unwise ous billing is the best and easiest way to pro- choice, like additional advertising, to draw in cess billing. business. The problem wasn’t what I was I am presently using PCLaw, and have been doing, but that industry-wide, things were using it for several years. It is a good product very slow. Truth 9) There are cycles or seasons in your cash flow. Learn to budget for them. for me as a small firm practitioner. Jim Callo- way of the Oklahoma Bar Association is an The last several years, I have had the oppor- excellent resource to talk with about billing tunity to have young lawyers in my office software and its strengths and weaknesses. through office shares; and I am employing one in my own office now. Invariably, many young Remember to talk with other lawyers you lawyers make the mistake of undervaluing respect about what they use. Billing regularly their services. They usually take cases on flat- informs your clients of the status of their case, fee basis; and in their haste or need for cash although they rarely realize this, and it insures flow, they underestimate the time spent in a better cash flow. Before you open your office, case. They wind up cursing that they aren’t trust this as a truth — clients won’t pay unless making any money at being a lawyer. Truth 10) you send them a bill. They won’t come in and Understand and don’t underestimate the ask why they haven’t got a bill from you, but value of your services. they will tell you they didn’t pay because they didn’t receive a bill. Truth 11) Billing regularly The best way to help control the cash flow is improves cash flow. to make sure you make clients pay as the work is being done. They would be offended if they

2094 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 FIND YOUR NICHE About The Author The final advice I can give in managing your cash flow is that you must find your niche. In Doug Gierhart is the founding finding your niche, you realize how to make attorney of Gierhart & Associ- your law office operations efficient and maxi- ates, a general practice law firm mize your return. This means managing time focusing on bankruptcy and di- and case load. We know that by filing at least vorce located in Choctaw. Mr. two bankruptcies at the same time we are Gierhart is a 1974 graduate of maximizing our time and maximizing the Shawnee High School, 1978 return on the fee we charge. graduate of OU, B.A. in Letters, and 1981 graduate of OCU ACKNOWLEDGEMENTS/RESOURCES School of Law. Mr. Gierhart is a It is very difficult for me to cite to specific former officer in the General Practice Section of the passages in books I have read or conferences OBA and a former editorial board member for the that I have attended to correctly cite my author- ABA Solo & Small Firm Practice Section. ities. However, I need to give credit to Ron Blue’s Master Your Money, Dave Ramsey’s Financial Peace University, George S. Clason’s, Richest Man in Babylon, Robert Kiyosaki’s Rich Dad, Poor Dad and Thomas J. Stanley’s and Wil- liam D. Danko’s Millionaire Next Door.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2095 2096 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE

Trust Accounting 101 By Travis Pickens

he following are some of the questions my office frequently answers for lawyers regarding trust accounts and related Taccounting. What does IOLTA stand for? “Interest on In this case, a trust account is not necessary (if Lawyers Trust Accounts.” you did have a trust account, depositing earned fees into your trust account is prohibited because Which rule of professional conduct sets out the money is yours at that point and such a the duties relating to trust accounts? ORPC deposit would be commingling funds.) 1.15. May a lawyer assign certain tasks for trust Which banks offer IOLTA trust accounts? accounting to non-lawyers? Yes, but the lawyer Ask your own bank first. If they do not offer remains ultimately responsible and must edu- these accounts, call the Oklahoma Bar Founda- cate the others, supervise the work and monitor tion (OBF) at 405-416-7070 and ask them to rec- the account. Ultimate responsibility for the trust ommend one in your area. If you office in a town account is a nondelegable duty. that does not have a participating bank or the bank routinely charges more in fees than any May a lay person be a co-signatory on the interest generated, or it is otherwise not feasible, account? Yes, but as the old joke goes “Can any- you may be excused from the duty to have a one be a signatory on the trust account?”…“Yes, trust account. You should consult with the OBF anyone you trust your license to.” in making this determination. What is the best short summary of a lawyer’s What money goes into the trust account? principal duties regarding the trust account? At Unearned legal fees, unincurred expenses, and any time, be able to show what amounts are in third-party monies in connection with the repre- the account, for each client, and the small sentation. This typically means, for example, amount of your own money on deposit to cover retainers (until the monies are earned), flat fees minimum balance requirements and bank fees (until the monies are earned), filing fees, deposi- and service charges. Contact your bank and find tion and expert witness expenses. Settlement out what charges are anticipated for a year, and proceeds on a check to you and your client(s) or document that in your file. You can deposit others may also go into the trust account for enough of your own money to cover those distribution. expenses. Must every lawyer have an IOLTA trust May I “park” money in my trust account account? No. Only lawyers who hold client or even for a short time for tax purposes, i.e. to third-party funds regarding a representation defer taking the money until the next tax year? must have trust accounts. If you bill for your No, earned fees in your trust account, from a legal fees after the work is already done, i.e. the settlement for example, should be transferred fees are already earned, you should simply into your operating account promptly. Other- deposit the money into your operating account.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2097 wise, to leave earned money in a trust account is commingling because it is your money. ‘Can anyone be a signatory on What should I do if I hold money in my trust account and the client and/or third party (with the trust account?’…‘Yes, anyone a legitimate interest in the money) disagree as to how it should be paid out? You should give you trust your license to.’ notice to every party that has an interest in the money and pay out any undisputed amounts. Then, hold the disputed amount until one of two document what occurred in the event you are things happens, 1) you reach an agreement later asked to explain. among all interested parties, or 2) a court or arbi- trator directs you how to distribute the money. What should a lawyer do in the event a client You should act promptly to resolve the dispute, disappears, or there is an amount in the trust and may use a mediator, arbitrators or file a account of uncertain ownership? First, deter- motion or action with the court to make the mine whether the Oklahoma Unclaimed Prop- determination. The client or a third party for erty Fund is entitled to the money. The Unclaimed whom you held funds may request a full Property Division may be contacted at 405-521- accounting of the monies. 4273, or [email protected]. If not, the May a lawyer use funds designated for money may be paid to the Oklahoma Bar Foun- another purpose, e.g. expert witness fees, to dation. Include a cover letter that explains, if pay his or her own bill? Not without prior known, which client(s) the money may be written consent from the client, and even then attributable to, a last known address and your it may be impermissible if the client has con- efforts to contact them. The OBF will hold the tracted with the expert separately to reserve money. If that client ever reappears, the OBF funds for payment. Otherwise, it could be will refund the principal amount originally deemed a simple conversion of funds, i.e. using deposited and you may return it to the client. or interfering with funds used for a different Is any particular accounting program purpose. required? No. Everything from a loose-leaf May a lawyer take “advances” on money notebook to a fancy computer program can be from the trust account? No, because the money acceptable so long as the funds are properly has not been earned. A lawyer may not take accounted for. money unless it has been earned. Otherwise, it What happens if the amount to be held is is arguably simple conversion at best and mis- for a long period of time or is a non-nominal appropriation (theft) at worst. amount? You should advise the client that the How should a “flat” fee be treated? Gener- funds may be placed in an account that pays ally, a flat fee should be treated as a retainer. It the interest to the client, if the funds to be should be deposited into the trust account until invested could be utilized to provide a positive the work is performed. It may be withdrawn in net return to the client. In making this determi- smaller amounts, but there should be work nation, analyze the interest earned versus the that is done to justify the withdrawal of that related bank, tax, fees and legal costs that may portion. Cover the payment schedule in your be applicable. Also determine the ability of the fee agreement. It does not need to be tied to bank to calculate and pay interest to individual hours worked, but it must be reasonable. This clients. procedure is often misunderstood. It all goes How long must a lawyer hold records relat- back to the fact that fees must be earned to be 1 ed to account funds (and other property of the taken. If no work has been done, then they client)? At least five years after termination of have not been earned. Only money that has the representation. Generally, all financial been earned should be deposited into your records should be kept, including but not nec- operating account. essarily limited to: the fee agreement, bank When a lawyer mistakenly withdraws statements, billing records (e.g. time sheets), money from the trust account prior to the fees billing statements, payment records, deposit being earned, what should s/he do? Replace and withdrawal records, trust account “led- the money immediately and make accounting gers” and reconciliations, settlement state- entries on both ends of the transaction that ments and accountings, and related correspon-

2098 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 dence. You should be able to reconstruct, account and justify for all amounts that flow through About The Author your account(s). Travis Pickens serves as OBA What happens if an instrument is present- ethics counsel. He is responsible ed to the bank that would be an overdraft of for addressing ethics questions the trust account? By agreeing to be an IOLTA from OBA members, monitoring provider, the bank has contractually agreed that Diversion Program participants, it will automatically notify the Office of General teaching classes, speaking at con- Counsel. The OGC will send you a letter that tinuing education programs and requests an explanation. Almost all of the time, other law-related seminars and the explanation is legitimate and understand- writing articles for The Oklahoma able and a disciplinary file is not opened, but Bar Journal and other publica- better to keep careful records and avoid this tions. A former litigator in private practice, he has awkward inconvenience altogether. If the OGC served as co-chair of the Work/Life Balance Commit- receives multiple notices, (i.e. a pattern has tee and as vice-chair of the Lawyers Helping Lawyers developed) it can also decide to assign an inves- Assistance Program Committee. tigator based upon this suspicious pattern.

1. ORPC 1.15 and 1.16.

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Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2099 2100 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE

Ten Things to Know When Starting a Small-Town Practice By Stephen D. Beam and Jon K. Parsley

here are 10 things that are very important to know when starting a small-town law practice. These observations are Tbased on the authors’ own experiences; Stephen D. Beam began practicing law in Weatherford in 1982 and Jon K. Parsley has practiced in Guymon since 1994. By incorporating these suggestions into your personal habits and business plan, we believe those lawyers hanging their own shingles will not only have a successful practice but become active and engaged members of their local communities.

FIND A MENTOR ness card. Many older lawyers want to have more of an office practice, so they do not practice Both of us had the excellent fortune of domestic or criminal law to any large extent. If 1 working with master attorneys right out of they know there is a new lawyer in the area who law school; David K. Petty and Joe McMil- is friendly and nice, they just might refer those lin. The ability to teach others how to practice law cases to you. Read How to Start and Build a Law was a special talent for each of them. They taught Practice by Jay Foonberg; it really is a must-read. us how to get along with other lawyers, how to get clients and all about the business of practic- BECOME ACTIVE IN THE ing law. Because of them, we did not have to BAR ASSOCIATION learn the hard way many of the lessons new law- 2 There are numerous ways to become yers often encounter. We have both seen attorneys try to start a practice without any guidance, active in the state bar, and it is also impor- and it is usually a disaster. If you do not have a tant to join and be active in your local county bar mentor and can’t seem to find one, check with association. Volunteer for everything. Show the the OBA. Other attorneys in small towns are usu- other lawyers you understand the practice of law ally very gracious in answering questions. You is a profession, and that you are willing to be Law should develop a close relationship with your Day chairman, county bar president or anything local lawyers, because you will never know all else that comes along. Get involved with the OBA there is to know about practicing law. One of the Young Lawyers Division. It will be one of the best best things about practicing law in a small town career choices you ever make. Run for a Board of is your colleagues; we would suggest you meet Governors seat or be active on a committee or task all of the other lawyers and give them your busi- force. Sure, bar association work takes time, but the dividends are at least tenfold in the end. Bar

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2101 BE AVAILABLE The ethical rules have some In order to be successful in a small- 6 town practice, you must be available. You have to keep regular office hours. constraints on relationships you can You have to be willing to talk to people at the grocery store, the dry cleaners and everywhere have with judges, but there is no else for that matter. You must be visible in the community. You should join civic clubs and local reason why judges shouldn’t be boards such as the YMCA or Lions Club. This great friends. will get you clients. BILLING IS IMPORTANT

work gets your name out to people who may It sounds bad to say this is the most 7 important part of practicing law, but refer you cases and immediately builds a group of literally hundreds of friends you can you’re in business to help people, and call for help. you can’t do that if you don’t bill properly. We all know attorneys who work all the time; they FREQUENT THE COURTHOUSE have hundreds of clients, and they are always at wit’s end because they are so busy. However, We are not advocating solicitation, they don’t make nearly as much money as other 3 however we have noticed that when attorneys in town. The business part of the prac- people see a person in a suit at the tice is easy to ignore. You are spinning your courthouse, they will walk up to you and ask, wheels if you don’t stop yourself and make sure “are you a lawyer?” Most people have some you are billing and collecting. legal work that needs done. Seeing you around can get you the work. MAKE FRIENDS WITH LOCAL ATTORNEYS AND JUDGES BEFRIEND THE COURT CLERKS 8 The collegiality of other local attor- AND OTHER COURTHOUSE PERSONNEL neys is the most important thing you 4 can have in your professional life. If other attor- This is really the golden rule. We have neys like and respect you, the benefits abound. discovered that court clerks know a lot You always have a friend to call with questions. about the on-the-ground aspects of practicing Even if they are adverse to you in a case, they law, certainly more than we did right out of law can help if you make a mistake. If the local bar school. Friendly court clerks can help you find hates you, practicing law can be a miserable mistakes in your pleadings and assist in many existence. other ways. Be friendly to everyone — you might be surprised when you need that janitor Don’t be afraid to have friends who are judges. to open the door to the courthouse after hours. The ethical rules have some constraints on relationships you can have with judges, but there is ALWAYS BE ON TIME AND no reason why judges shouldn’t be great friends. PREPARED You are not befriending them to inappropriately sway their decision. We work with these people 5 Being early for all court appearances daily, and being friends with them should be a may seem like a “no brainer,” but a natural outcropping of your proper conduct large number of attorneys do not appear on around them. time. They will double-book themselves or just show up late. Many attorneys show up with- DON’T TAKE CASES YOU DON’T out even looking at the materials for the hear- KNOW ANYTHING ABOUT ing. You can “fake it” on occasion, but lack of 9 When you are starting out, there is a preparation is usually readily apparent. If you tendency to take matters you know have a habit of being early for hearings, the nothing about. At some point, it seems we must judge will be more forgiving when you have all do this. However, get involved with another that very rare occurrence where you failed to attorney the first time or two until you know calendar something. exactly what needs to be done. Do not try to

2102 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 handle specialty areas of the law. Refer these cases to someone who really knows that area. About The AuthorS Stephen D. Beam is a sole YOUR WORD REALLY IS YOUR BOND practitioner in Weatherford. He was the 2007 president of the 10 This is so true. Every person can Oklahoma Bar Association. He name an attorney that he or she can- earned his B.A. from Oklahoma not trust, and that name becomes universally State University and earned his known among the members of the bar. You can J.D. from the University of get a horrible reputation, and the practice of law Oklahoma College of Law. can be miserable if you are one of those names. If it is not true, do not say it. CONCLUSION Jon K. Parsley is a sole practitioner in Guymon. He was the You probably won’t get rich practicing law in 2009 president of the Oklahoma a small town. So why do it? That’s an easy Bar Association. He earned a answer. You will love the wonderful quality of B.A. from the University of life and the personal satisfaction you will get Central Oklahoma and earned from knowing your neighbors, along with know- his J.D. from the University of ing you have the ability to assist them when they Oklahoma College of Law. need help. If you work hard, you will be able to make a good living and will be able to make a positive difference in your clients’ lives. We hope these words of advice will provide a com- pass as you begin your journey as a small-town practitioner.

www.okbar.org Your source for OBA news.

At Home At Work And on the Go

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2103 2104 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE

What’s Your Exit Strategy? By D. Scott Pappas

o matter the area of law in which we practice, in our profession, we often help others transition from one place in Ntheir life to another. As litigators, we start preparing our closing during our first client interview. When drafting a new partnership agreement, a dissolution provision is never overlooked. I recently attended training focused, through the collaborative law process, on helping divorcing couples end their marriage with dignity by providing them with the knowledge and a plan to face life when single.

In each of our legal careers there will come a ates among whom your case load can easily be time, for a myriad of reasons including disability absorbed with little disruption to the client or the and death, when we too need to have a thought- new attorney. This article is written to help you ful plan in place on how to close our law prac- develop just such a strategy.2 Remember that the tice. Yet, when we first set up our law office, few thought and preparation you put into developing if any of us took the time to plan for the inevi- your exit strategy now will directly impact the table — its closing. While in Oklahoma there is difficulty you or another attorney on your behalf not a specific professional responsibility rule will experience in closing your law practice later. that requires you to have such a plan, comment Your first step is to select another attorney who 5 to Rule 1.3 of our Professional Conduct Code is willing to close or take over your law practice in on Diligence states: “to prevent neglect of client the event of you become physically, mentally or matters in the event of a sole practitioner’s death emotionally unable to continue it.3 Once selected, or disability, the duty of diligence may require you enter into a formal, written agreement with each sole practitioner to prepare a plan, in con- this “successor attorney,”4 which should be formity of applicable rules, that designates renewed every year. This written agreement needs another competent attorney to review client to include: 1) a signed consent form authorizing files, notify each client of the lawyer’s death or the new attorney to contact your clients for disability, and determine whether there is a need instructions on transferring their files, to obtain for immediate protective action.”1 extension of time in litigation matters where So what’s your exit strategy? Maybe this is the needed and to provide all relevant people with first time you ever thought about needing one. Or, notice of closure of your law practice; 2) provi- like your personal estate planning, it may be sions giving said attorney authority to wind something you have specifically avoided up until down your financial affairs, to provide your cli- now. If you work in a small firm or as a solo prac- ents with a final accounting and statement, to titioner, you don’t have the luxury of other associ- collect fees on your behalf and to liquidate or sell

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2105 your practice; and 3) a mutual decision as to • Keeping your time and billing records up whether or not this new attorney will represent to date you as your attorney and therefore have a fidu- • Returning original documents to your ciary duty to you,5 and/or have access to your clients in a timely manner trust account.6 • Documenting each open client file as you The successor attorney needs to be familiar- go so next attorney could pick right up on ized with your office systems and updated from its status time to time as those systems change.7 He or she also needs to be acquainted with your office • Creating and/or updating your office staff.8 Take time to inform your office staff and procedures manual to include instructions spouse, closest relative or estate personal repre- on how to produce a list of client names, sentative of the successor attorney, how to con- telephone numbers and addresses for cur- tact him or her and where you plan to keep the rent cases. written succession agreement.9 At this point, write to your insurance Your exit strategy also needs to carriers, your landlord, your include instructions on pass- accountant or any other profes- words. As Diane Ebersole, a prac- sional your law firm employs, to …your loss ticing management advisor for set up in writing the arrangements the State Bar of Michigan, reminds necessary to facilitate a smooth us in her article, “Watch Out for should be the hardest 13 transition to enable the successor That Beer Truck!” we forget how attorney to work with each one of thing that your loved many passwords are used on a them in the future at the start of daily basis to operate our law your exit plan.10 offices. A partial list includes: ones and colleagues every office computer, each serv- SUCCESSOR LAWYER er, the networked printer, your CLAUSE have to go through at software applications, your firm’s Your next step comes at the that time — not the website, online banking, legal beginning of each new case by research, credit card services, including a similar provision to closing of your law syncing services such as Drop- the following in your attorney/ box, your various logins and client retainer/fee agreement:11 your email accounts. She strong- practice. ly suggests that we protect our Client agrees that a succes- passwords by making them sor lawyer may be appointed stronger, sharing access with at to temporarily assist with the case in the least one trusted individual, and perhaps even event of the lawyer’s illness, vacation or using a password manager, which allows you other similar absences. In the event of the to have many passwords protected in an lawyer’s death, disability, impairment or encrypted environment that is accessed by a incapacity, the client agrees that a succes- “master password.”14 sor lawyer can review the client’s file for the limited purpose of protecting the cli- If you ever agree to be a successor attorney, ent’s rights and can assist with the closure you, too, need to be informed as to the breadth of the lawyer’s law practice. Client main- of your duties. The Missouri Bar maintains on its tains the right to select a lawyer to repre- website a two-page checklist and some neces- sent him/her. sary forms, including a letter to clients advising that his/her lawyer is unable to continue to There are other steps that you need to take in practice.15 the ordinary course of running your law firm that will impact the ability of you or the succes- There is never enough time in the day to sor attorney later to successfully close your law accomplish everything that must be done. How- practice, which include without limitation the ever, your loss should be the hardest thing that following:12 your loved ones and colleagues have to go through at that time — not the closing of your • Making sure all of your file deadlines, law practice. Consider getting your exit strategy including follow-up deadlines, are on your in place before next year dawns. calendaring system

2106 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 1. See 5 O.S. §x. This comment also directs our attention to Rule 28 14. See id. of the American Bar Association Model Rules for Disciplinary Enforce- 15. See Missouri guide at pp. 10-11 and forms in attachments; see also ment providing for court appointment of a lawyer to inventory files Handbook for Court-Appointed Inventory Attorneys, Supreme Court of and take other protective action in absence of a plan providing for the State of New York, Appellate Division: Second Judicial Department, another attorney to protect the interests of the clients of a deceased or January 2008. disabled lawyer. 2. The Missouri State Bar has an invaluable handbook that leads you step-by-step through this process, which can be viewed at www.goo. About The Author gl/Flmrj. See Planning Ahead, A Guide to Protect Your Client’s and Your Survivor’s Interests in the Event of Your Disability or Death, publication approved for distribution by the Missouri Bar Board of Governors on D. Scott Pappas practices in Nov. 18, 2005. Stillwater and focuses primarily 3. See id. at p. 1. in the areas of family law, juve- 4. A long and short version of a successor agreement form can be found in the attachments to the Missouri handbook. See id. nile law and building a collab- 5. If the successor attorney represents you, then s/he can not inform orative law practice and aware- your clients of your legal malpractice or ethical violations. See id. at p. 2. 6. See id. at pp. 1-2. ness in Oklahoma. She is a 7. See id. at p. 9. member of the OBA Board of 8. See id. 9. See id. Governors and has served on 10. See id. numerous OBA committees and 11. Language donated by Jim Calloway, see also, the Missouri guide task forces. She graduated from Fordham University at pp 3, 9 and forms in the attachments. 12. See checklist in the Missouri guide at p. 9. Law School in 1991 and practiced in New York 13. Volume 38 Number 2 Law Practice Magazine, March/April 2012, before returning to her hometown. ABA Law Practice Management Section.

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The Agony and the Ecstasy Tips on Starting Your Own Law Practice By Tracey Garrison

or several years, I have had my own law practice. My route was not traditional, which turned out to be fortuitous. After Fworking in communications for awhile, I returned to school to become a paralegal and was immediately drawn to the law — a powerful tool to keep society civilized and orderly.

While working as a paralegal for Norma Eagle- practitioner allows that, but on the other hand, ton, she encouraged me to apply to law school. you will want to have lawyers who can back you She said I was a “spring chicken” compared to her up in an emergency. I know several sole practitio- age when she started. So, back to school to become ners who would be willing to do that for me if a lawyer. needed, and I would do the same for them. It is also important to have backup so you can have Although I know several successful lawyers peace of mind going on vacation and knowing if who opened their firms directly from law school, an emergency arose, you could call on a fellow I decided to work for established sole practitio- attorney for help. ners to gain experience. I had the advantage of working as a paralegal for many years, but even One of the first decisions you need to make is so, when thrown into court for the first time, hav- the form of your law practice. I talked to sole ing a boss and mentor was very helpful. practitioners who formed a professional limited liability company (PLLC) and others who formed ASK YOURSELF SOME QUESTIONS a professional corporation. I also took a class Before opening your own practice, examine while at the TU College of Law, which examined your personality. Can you tolerate not receiving a the different types of entities. I decided to be a steady paycheck? Not knowing what your income PLLC because it is simple and I can decide to have will be from month to month? Will you be able to a separate entity for tax purposes or be a pass ask clients to pay their bill? Are you disciplined through, which allows me to place my law firm enough to do the work and meet deadlines with- income and expenses on my personal tax form. A out a boss to report to and oversee what you are single-member PLLC must be careful to follow all doing? Do you want to be your own boss? Can formalities so that potential creditors cannot you make yourself turn down clients and limit “pierce the corporate veil” and go after personal your hours to lower your stress levels and have a assets. For example, I have separate bank accounts personal life? Being a sole practitioner requires and credit cards and file the proper paperwork you to be disciplined and organized. with the Oklahoma Secretary of State. I also keep careful records in a financial journal of income In addition to your personality, examine your and expenses. lifestyle. Do you need flexibility? Being a sole

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2109 WHERE TO HANG YOUR SHINGLE? payment is more personal. When the client needs more time to pay or wants a discount, you Another early decision is where to locate your are the one who has to tell the client yes or no. office. I was working for a sole practitioner in You cannot say, “The partners insist that I receive Broken Arrow when he retired and encouraged a retainer for the full amount.” I do not have me to take over his practice. Most of his clients time to accept every client who contacts me and were from Broken Arrow, Bixby, Coweta and cannot afford to devote time on a case if I am not south Tulsa, so I decided on a south Tulsa loca- getting paid. Therefore, I try to accept clients tion. However, I also considered a virtual office who understand the value of my services and and looked at a very nice, affordable virtual understand they need to pay for them. I allow office setup in downtown Tulsa. I know several clients to make payments as the case moves attorneys who use a virtual office and I still along and I do pro bono work, but I remember might choose it down the road. With a virtual reading once that it is the attorney who needs to office, you pay a set fee to have access to an decide which clients are pro bono, not the cli- office. You also get a mailing address and other ents. I have clients who struggle to pay me our services. agreed amount from each paycheck but they do My situation is similar to a virtual office, but it anyway. If a client does not pay, it is not only my office space is permanent. I sublease from a unfair to me, it is unfair to the clients who do professional management company. I pay more pay. One of my friends who has been a sole prac- per square footage than I would if I rented a titioner for many years advices that you should typical office space, but for me it is worth it. obtain a retainer at the beginning of the repre- There is a reception area where clients are wel- sentation and not sell yourself short on your comed by the staff and offered beverages. They value. I got a kick out of a client who came by charge per service and will answer the phone my office to make his regular payment and said and provide administrative services, as well as to show me how much my representation meant access to a copier, fax, scanner and printer. I can to him; it was hunting season and instead of leave items at the front desk for my clients and buying ammunition, he was paying my fee! they can drop off items for me without my being there. When a client arrives for an appointment, the staff calls me. My office has built-in furniture so I did not I pay more per square have to buy any. I already had my laptop computer which was given to me during law school. footage than I would if I rented a They offer leases for as short a time as three months. When I first leased, I took a three-month typical office space, but for me it lease because I was not sure my venture would last three months. When it came time to renew, I is worth it. decided to be braver and take a six-month lease. After that, I began renewing for a year. I have now been there almost four years. If you are a new attorney who needs to build a Another expense to be aware of is the business client base, you may want to consider advertis- property tax. You have to pay a tax to the county ing. Although most of my business is from refer- assessor’s office on business property, even if rals, I still advertise in phonebooks. Be careful you owned the property before you formed your with the expense of phonebook ads. You have to law office. For example, I have to pay a tax every be prepared to stick to your budget, as the repre- year on my laptop computer, even though it was sentatives will try to sell you a bigger ad and given to me while I was still in law school. After other features which may cost you more than awhile, the cumulative amount of tax I will have you can afford. paid on my computer will be more than the Before starting my own law practice, I attend- computer is worth! Other expenses to consider ed the OBA seminar, “Hitting the Ground Run- are health and malpractice insurance. ning.” It was very helpful, as it discussed vari- MAKING THE BUSINESS WORK ous aspects of operating a law practice. Joining lawyer associations is an enjoyable way to meet Getting paid for their work is important for all other attorneys and remain current in your prac- lawyers, but as a sole practitioner, collecting the

2110 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 tice areas, so I belong to the OBA Bankruptcy Section and various sections of the Tulsa County Bar Association, including at one time or another bankruptcy, probate and guardianship, family, solo and small firm. I also belong to the Tulsa Title and Probate Lawyers. PLANNING FOR THE INEVITABLE Although you may not want to think about the end of your law practice while you are dealing with the beginning, it is very important. Last year I encountered a couple of situations where I had to step in after an attorney became sick and eventually passed away. A couple of times I did not know the previous attorneys, but received calls from their clients who did not know what to do because they had retained an attorney but the attorney was in the hospital. They were looking for an attorney to step in and found their way to me. One attorney I did know asked me to help him after he became ill. It was a struggle to Being a Member step into an active practice and sort things out. After these incidents, I created a list divided by area of law. Under each area I listed at least one Has Its Perks attorney to call if something happens to me, and made sure several people know about this list, as well as where to locate other office records. q www.okbar.org — Speaking of office records, be sure you keep main site or front door for the OBA with good Interest-bearing Oklahoma Lawyer Trust links to all other OBA Web presences and Account (IOLTA) records. We have all read in much information for members as well as the OBA journals about disciplinary action a great deal of information for the public. taken against attorneys who use client funds before they have earned them. Do not let this happen to you. q Online CLE — quality OBA/CLE online programming, I am glad that I decided to form my own law office. The control I have over how I spend my plus online seminar programs from other time and which clients I will represent more state bar associations. It’s a convenient than compensates for the financial uncertainties way to get up to six hours MCLE credit. and responsibilities of being the sole decision- maker. If anyone reading this article decides to q Practice management/ technology be a sole practitioner, I wish you much success. hotline service — free telephone calls to the Management About The Author Assistance Program (MAP) staff and the OBA Director of Information Systems for Tracey Garrison is a sole practitioner at Garrison Law Office brief answers about practical manage- PLLC, focusing primarily in the ment and technology issues, such as law areas of bankruptcy, probate, office software, understanding computer guardianship and family-member jargon, staff and personnel problems, adoptions. She graduated with software training opportunities, time man- honors from the TU College of agement and trust account management. Law in 2006 after working as a Call (405) 416-7008. paralegal for 17 years.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2111 2112 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Opening A LAW PRACTICE

Insurance for Lawyers and Law Practices From the Basics to “I Didn’t Know You Could Insure That!” By Jennifer Beale

he primary purpose of insurance is the transfer of risk from your pocketbook to the insurance company’s. Everyone has Ttheir own risk tolerance, so some of the insurance policies mentioned may be of little interest or concern to the very tolerant (or the very wealthy who can self-insure). My intent is that you will at least scan through the article and be reminded to review some of your policies and contact your agent if updates or additional policies might be appropriate.

We’ll break this up into two broad categories — still pay your bills and be able to keep your home, personal insurance and business insurance even car, business, etc. though many may apply to both. Tips: Make sure you’ve elected options available PERSONAL to you, such as “future purchase” (allows you to increase your monthly benefit at future dates Disability Insurance without providing evidence of insurability) and What could be more important than protecting residual or partial disability (pays a portion of the your ability to earn income? Insuring the items monthly benefit if you are only able to work part you own (home, car, jewelry, business, etc.) isn’t time and suffering a loss of income). Make sure enough. People who have advanced degrees, you know and understand your policy’s defini- skills or certifications especially need to protect tion of disability (some plans recognize your spe- against a disability that could keep them out of cialty and others simply refer to any gainful work for months or even years. Attorneys often employment). The best definition of disability for think that only death could keep them away from professionals is an unqualified inability to per- work, but that is simply not true. There are many form the substantial and material duties of your illnesses or accidents that result in a lengthy occupation (at time of disability). recovery and rehabilitation period, as well as irre- Maintain an individual policy even if your coverable cognitive impairments. An individual employer provides coverage — in case you go out long-term disability policy is an affordable way to on your own or your employer cancels the group ensure that, should you be out of work, you could

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2113 plan, and also because many individual policies medically underwritten, so the younger and won’t reduce benefits if you are also eligible for healthier you are when you obtain it, the better or receiving Social Security or workers’ compen- rate you are likely to receive. If you’ve quit sation disability benefits and the benefits are smoking, lost weight or have otherwise become taxable if the premium is employer paid. Pay healthier since you last purchased coverage, you your disability premiums with personal, after- may want to see if you can qualify for a better tax dollars — that way your monthly benefit rate now. would not be taxable. Obtain a policy when Health Insurance you are young and healthy, because it is one of the most stringently underwritten insurance Health insurance is something that you really plans due to the likelihood of illness-related should never go without. Bad things can happen disability. to the healthiest and youngest of persons, and those bad things can cost a lot of money. Don’t Life Insurance risk your savings or credit ratings by going Life insurance is probably the most versatile without. There’s simply no way to predict, plan type of insurance, as it is useful for many rea- for or avoid some emergencies or complica- sons in one’s personal and business affairs, and tions, such as breaking a bone ($10,402) or it is available in many forms. Not only can you developing appendicitis ($15,850). I acknowl- provide burial expenses and security for your edge that health insurance premiums are loved ones, but you can also use life insurance expensive, and coverage can be difficult to policies to secure part of a business loan, pay obtain if you have experienced health prob- estate taxes, supplement your retirement income, lems in the past. But self-insuring is a danger- contribute to a charity or finance the succession ous option since a long-term illness such as of your business. heart disease or cancer or a serious accident Term life, while extremely affordable, is can require years of expensive treatments, spe- designed to meet short-term or temporary needs, cialist visits, surgeries and medications. Even if such as when you have young children at home you have significant savings built up, do you or lots of debt. It is an affordable way to secure a want to spend it on medical bills? If you spend it large death benefit to leave your family finan- on medical bills, will you still have enough for cially secure in the event of your untimely death. its intended use? Term insurance typically is renewable for a set Tips: Do the extra work to stay in-network term, such as 10, 15 or 20 years, or to a specified (don’t assume your physician is doing this for age, such as 65, 70 or 75. Some plans also include you and don’t assume the facility is in-network return of premium feature if you don’t die. because the physician is or vice versa) — going Permanent insurance is available as whole life, outside your plan’s network can result in much variable life, universal life or combinations higher out of pocket costs to you, even if you thereof, and is renewable for your entire life. have met your deductible. Consider purchasing Permanent policies usually include savings or a separate travel medical policy if you plan to investment features in addition to a death ben- travel outside of the country — this will provide efit, as well as flexibility with premium pay- assistance with locating a provider, translation ment. The cash value of a permanent life policy services, medical evacuation, etc. Know your accumulates on a tax-deferred basis and you plan — many health plans offer discounts for can borrow it as needed at relatively low rates. services you already use such as vision, dental, Borrowing against the cash value could result weight loss, nutrition, alternative care, etc. in a reduced death benefit should you die For groups: Employer group plans are guaran- before paying it back. You can also add riders teed issue and might be an option even if you to policies, such as long term care benefits, to only have one employee. Typically, a minimum cover other areas of concern. of 75 percent participation is required, and Tips: Make sure your policies are up-to-date employer is expected to contribute 50 percent or with an appropriate beneficiary, and that your more to the employee portion of the premium. A family, business partner, and/or estate/financial result expected from current health care reform planner know what policies you have, where changes to the market is movement away from you keep them, etc. Evaluate the amounts and employer-group plans to defined contribution types of life insurance you have in place now, plan format, where employees would be able to and take appropriate action. Life insurance is purchase individual plans that suit their needs.

2114 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Medicare When you reach age 65, you become eligible Long-term care is increasingly for Medicare, and thanks to modern technology you can register online. There are various parts a sign of our times. to the program, labeled confusingly enough by letters of the alphabet. Part A is hospital coverage and is provided at no cost to a beneficiary. tion with them now! I know too many people Part B includes outpatient coverage and doctors who are retired and taking care of their parents visits, and there is a premium charged by Medi- who are in the 80s and 90s. care. Part C is known as the Medicare Advan- tage Plan, where you contract with a private Everyone’s biggest fear is suffering from some insurer who is paid directly by the government. form of dementia or cognitive impairment. You Part D is the Medicare drug coverage, and you can have a healthy body and live many years are required to purchase private insurance or with Alzheimer’s, yet require around-the-clock face premium penalties. You also have the oppor- services. None of us wants to be a burden to our tunity to stay on your group health plan where children or grandchildren and LTCI relieves that you work until such time as you retire. concern. Keep in mind that Medicare pays 80 percent of Tips: Most professionals put off the purchase the Medicare-determined charges. You will need of long-term care insurance (LTCI) until their 60s to purchase a supplement to pay the additional and 70s when they discover they may not have 20 percent plus Medicare deductibles on parts A enough resources to cover this type of risk. By and B. Make sure you pick a good, stable com- then it may be too late due to high premiums pany, as you will not be able to change plans and/or health issues that increase the cost or without providing evidence of insurability. prevent the purchase of coverage. The best way to buy LTCI is to purchase it during your work- Tips: Special caution needs to be taken too if ing years (45-55) and accelerate the premiums to you are on a group plan that provides a health fully pay the policy prior to retirement. Peace of savings account (HSA). HSA rules state that if mind is a great thing when you are in your 70s you have any other health plan, including Medi- and 80s and makes it easier to manage your care Part A, you will not be eligible to make any retirement resources. You also avoid probable further contributions to your HSA. In addition premium increases later in life. high-earning members will face the government surcharges for parts B and D in the form of an Guaranteed-Issue Plans income-related Medicare adjustment (IRMA). If you already have health conditions and When looking at a Medicare Advantage plan, have been turned down for health, life or dis- you need to be aware that these plans may have ability insurance, there may still be some options limited physician and hospital networks and available to you. Oklahoma has state and federal many have gatekeepers that require a referral to guaranteed-issue high risk pool plans available. a network specialist. Eligibility for the state high-risk pool plan is Long-Term Care based on medical (if you’ve been diagnosed with one of the listed conditions or declined by Long-term care is increasingly a sign of our two companies for an individual policy) or fed- times. Thanks to modern medicine we are living eral (such as expiration of COBRA coverage) longer lives and many of us can expect to break defined conditions; whereas you have to have the century mark. With that also comes the fact been uninsured for at least six months to qualify that a high percentage of those living longer will for the federal high-risk pool. do so with a chronic illness which will become debilitating in some form, as the aging process Certain guaranteed-issue life, health or acci- continues. LTCI is designed to provide home dent plans may be available to you through care to help you manage illness at home and affinity programs, such as credit unions, alumni provides nursing home coverage, as necessary. associations, or national or state association Statistics prove that women are the caretakers memberships. and many hours are lost for working women Tips: Always research something that sounds who must quit their jobs or alter the schedules to too good to be true. There are always discount take care of a sick parent or spouse. If you have programs and limited medical plans available parents who are in their 50s, have this conversa- that may or may not meet your needs. Make

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2115 sure you understand whether you are buying an sonal property (BPP). Especially in a state like insurance product or a discount plan, and the Oklahoma, where one’s business could be shut benefit limitations and exclusions of either before down for a period of time due to various weath- you buy. er issues, loss of business income and extra Home/Auto and Personal Umbrella expense are key coverage provisions in this type of policy. The extras you may see bundled into Review your homeowners policy if you haven’t the package or offered as options include cover- in a while and make sure you’ve remembered to age for signs, accounts receivables, computers/ advise your agent/carrier of significant home media, valuable papers, property in-transit, fine improvements, such as a room addition, new arts, employee dishonesty and ERISA, employ- pool, new structure or new purchases of fire- ment practices liability, employee benefits liabil- arms, furs, jewelry, antiques, fine art, etc. you’ve ity, identity theft, business income and extra made. Make sure your toys are covered (boats, expense, and hired and non-owned auto liability. motorcycles, four-wheelers, etc.). I could write an entire article just on this policy. Tips: Highly regarded and compensated pro- Tips: Be sure to review your policy with your fessionals, such as attorneys, are especially at agent if you haven’t in awhile, especially if risk for large claims. That risk is multiplied if you’ve had changes in staff, equipment, amount you have teenage drivers, a pool or pond, a boat of space leased, remodeled offices, etc. Know or a pet. Purchase an umbrella policy if you how replacement cost and co-insurance works haven’t already, and make sure it’s one like the with your policy and make sure you are always OBA-sponsored umbrella that includes excess insured at adequate limits. Consider increasing uninsured/underinsured motorists’ coverage the limits or purchasing separate policies for (most carriers do not offer this in Oklahoma). some of the “extras” mentioned above. With 24 percent of Oklahoma drivers uninsured, the risk is substantial. Workers’ Compensation BUSINESS If only I had a nickel for every time an attorney or law firm administrator has said, “I can’t Business Overhead Expense believe we’re required to carry workers’ com- Business overhead expense (BOE) is a disabil- pensation insurance…how could someone pos- ity contract that pays office overhead expense, sibly get hurt…” The fact is that workplace such as rent, utilities, employee (non-profes- injuries do occur and to protect both the employ- sional) salaries, health insurance, supplies, pro- er and employee, Title 85 requires that all com- fessional dues, malpractice insurance and others. panies with employees carry workers’ comp It is designed to keep your doors open while you insurance. In Oklahoma, partners, sole propri- are recovering from an illness or injury which etors and LLC members or stockholders owning prevents you from performing the duties of your 10 percent or more of the company’s stock are occupation. Generally, these polices have shorter automatically excluded from coverage, but can waiting periods (30 days) before benefits begin to elect to be included. Workers’ comp premiums accrue and shorter benefit periods, up to two are based on the total payroll covered, with base years. This coverage is extremely valuable to a rates per $100 of payroll. There is a wide range solo practitioner, partnership or office sharing of base rates, determined by a company’s clas- arrangement. Keep in mind, that unlike a disabil- sification code. So an office exposure, such as ity income policy that pays you directly to protect law firm or accounting firm would typically your income, the BOE policy is a reimbursement have a lower base rate than a manufacturing or policy only for overhead expenses and does not construction worker exposure. Other charges cover the policy holder’s earnings. you may see that make up your total premium include terrorism and catastrophe, expense con- Business Owners Policy stant, increased employer’s liability limits and experience modifier. Workers’ comp insurance A BOP is a policy that packages commercial provides coverage for medical expenses as well property and commercial general liability insur- as compensation expenses for employees who ance, along with many other property and liabil- are injured while working. ity coverages either bundled into the package or offered as options. If you own your office build- Tips: Don’t take this exposure lightly. Make ing, you would insure your building at its sure your employees have ergonomic worksta- replacement cost in addition to business per- tions and are properly trained to move boxes,

2116 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 carry heavy files, and that hallway and office age is included in professional liability, business floors are clear of obstacles such as files, boxes, owners, or ERISA liability policies. rugs or cords that may cause tripping. Have Network Liability aka Data Breach Liability snowy or icy walkways and parking lots cleared aka Cyber Liability and/or salted for traction, place mats inside doors so people can wipe moisture from the bot- Cyber liability policies are fairly new and cov- toms of their shoes to lessen risk of slipping on erage can differ quite a bit. You may be able to floors that can become slick when wet. These are add some form of cyber liability coverage to just a few things you can do — contact your your business owners or malpractice policy, but agent for more information on how to make a standalone policy may be the best way to your office environment safer. ensure you have adequate limits and broad coverage that could include privacy breach (loss or Directors & Officers (D&O) inadvertent disclosure of confidential informa- Do not skip over this section just because you are tion of your clients or employees), privacy a for-profit private company or family-owned busi- breach notification expenses (including credit ness. Private companies, including (maybe even monitoring), public relations expenses, comput- especially?) family-owned businesses, have er viruses or other types of damage to your net- D&O exposure. Where do D&O suits come work such as from hacking (first party covers from? Shareholders could sue you for making your clients and third party extends to your cli- poor business decisions or not being profitable ents’ clients), or theft of private information. If enough; your competitors could sue you for you have clients in multiple states, coverage for making disparaging comments about their privacy breach notification expenses could prove services or copyright infringement; your cus- extremely valuable, because the requirements tomers, employees, lenders, suppliers and differ from state to state — do you know what regulatory agencies could also sue your com- you’re required to do in the event of a breach in pany’s officers and directors. each state? Employment Practices Liability (EPLI) CONCLUSION EPLI policies protect employers from suits Your next step should be to meet with an alleging discrimination, sexual harassment, fail- insurance counselor to determine if you and ure to make partner, wrongful termination and your business are adequately covered. He or she other employment-related claims. Think these can assess your needs and determine your risk types of claims don’t occur here? In 2010, the tolerance to figure out what kind of insurance EEOC received 1,563 charges from Oklahomans products are right for you. Rough weather is and 1,663 charges in 2011. If you’re still skeptical unavoidable at some point in everyone’s life — about insuring against an EPLI claim, keep in your boat may get rocked, but with planning mind that EPLI policies tend to provide non- and preparation, you should stay afloat! insurance benefits that could be very useful to companies of all sizes, such as employee handbook audits, sample handbooks and employ- About The Author ment-related forms, hotlines providing free Jennifer Beale joined Beale access to employment lawyers, other human Professional Services in 1997, resource training tools and risk management was made vice president in 2003 courses. The tools alone could cost hundreds to and president in 2011. She is a thousands of dollars, making the cost of the licensed life, health, property policy well worth it. and casualty agent. She received Crime her certified insurance counselor (CIC) designation in 2009 and Employee theft is a fast-growing crime in is a Leadership Oklahoma City America and could result in corporate bank- Class XXVIII graduate. She is currently serving on ruptcy. Whether a rogue employee or partner is the National Council of the American Institute of stealing from you or from your clients, you need Professional Association Group Insurance Adminis- to be aware of what coverage you do or do not trators and on the board of Consumer Credit Coun- have for this event. Unfortunately, there are seling Service of Central Oklahoma. many different what-if scenarios that one should run through to explore whether adequate cover-

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2117 OBA/CLE EVENT

Committee to Present First Diversity Awards By Kara I. Smith OBA Diversity Conference Oct. 18 • 9 a.m. – 1:30 p.m. Skirvin Hilton Hotel, Oklahoma City

The Diversity Committee, ent and the need for an inde- with the support of OBA Pres- pendent judiciary. ident Cathy Christensen, iden- The event will conclude tified that there was a need for with the first Diversity Com- the Oklahoma Bar Association mittee Diversity Awards Lun- to recognize leaders and state- cheon and Ceremony that wide diversity efforts and to begins at noon. At the lun- increase the need for tolerance cheon six recipients will be and diversity awareness. honored with the Ada Lois With the sponsorship of the Sipuel Fisher Diversity Award. OBA‘s CLE Department, the Cost for the CLE and the lun- committee has launched its cheon is $120 when paid by in 2008 and became the first inaugural Diversity Awards Oct. 11. An extra $25 fee will African-American woman Luncheon and CLE. The CLE be added beginning Oct. 12. elected to the Oklahoma State will feature award-winning Attending the luncheon only Senate in 1986. She was legal journalist Mark Cur- is $40. More details and appointed by President Clin- riden, who is a best-selling online registration are avail- ton to serve as the United author and senior writer for able at www.okbar.org/s/ States attorney for the Western the ABA Journal. Mr. Curriden diversityconf. District of Oklahoma, thus will be the keynote presenter ADA LOIS SIPUEL FISHER becoming the first female U.S. at the CLE where he will dis- DIVERSITY AWARD attorney in Oklahoma. cuss the best-selling book he RECIPIENTS co-authored, Contempt of Chief Judge Miles-LaGrange Court: A Turn-of-the Century Member of the Judiciary: has devoted her distinguished Lynching that Launched a Hun- career not only to assuring dred Years of Federalism. Chief Judge that justice and dignity be Vicki Miles-LaGrange afforded to all Americans but The inaugural event will be The Honorable Vicki Miles- also promoting the rights and held at the historic Skirvin dignity of people across the Hilton in downtown Oklaho- LaGrange is the current chief judge for the U.S. District globe. She has served on the ma City on Oct. 18, 2012. Reg- International Judicial Rela- istration opens at 8:30 a.m. Court for the Western District of Oklahoma and was first tions Committee of the Judi- and the conference begins at cial Conference of the United 9 a.m. The CLE will also fea- appointed to the Federal District Court bench in 1994. States. wherein she gained sig- ture a panel of esteemed law- nificant expertise in interna- yers, professors and judges to She became the first African- American chief judge of the tional human rights law and discuss the ethical obligation in the administration of inter- to represent the unpopular cli- Western District of Oklahoma

2118 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 national justice. Her efforts in trials and argue before the Black Lawyers Association. Rwanda and China are of par- Court of Appeals for the 10th He directed Anytown, Okla- ticular note. She assisted the Circuit and a human rights homa, a statewide human Rwandan judiciary to estab- program that sends students relations camp for teens, for lish a court system vested all over the world to champi- more than a decade. Mr. John- with control over its own ade- on human rights by investi- son served as chairman of the quate budget and adminis- gating and filing reports with board of directors of The tered by competent and the U.N. Commission on Community Leadership Asso- impartial judges subject to a Human Rights. ciation, an international lead- judicial code of ethics and Professor Wattley is the OU ership organization during conduct. She has worked with College of Law’s Black Law 2001 – 2002. He is a founding judges throughout China on Student Association sponsor. director of the Oklahoma matters of professionalism As its sponsor, she pushes Appleseed Center for Law and judicial ethics. each of her students to do his/ and Justice, serves as chair- Attorneys: her best regardless of skin man of the board of directors color, religious or political of the Oklahoma Department Cheryl Wattley beliefs or socio-economic sta- of Libraries and is a member of The Rotary Club of Tulsa. Cheryl Wattley is currently tus. She coaches the moot the director of the Legal Clinic court and mock trial teams Mr. Johnson’s books include and associate professor of law and hosts a number of diversi- Black Wall Street — From Riot at the University of Oklahoma ty initiative events which her to Renaissance in Tulsa’s Historic College of Law. Professor Wat- students are invited to attend. Greenwood District; Up from the tley has honored Ada Lois Hannibal Johnson Ashes — A Story about Commu- Sipuel Fisher’s legacy by tak- nity (children’s book); Acres of ing interest in the woman who Hannibal B. Johnson is a Aspiration —The All-Black changed the face of our coun- graduate of Harvard Law Towns in Oklahoma; Mama Used try’s graduate student bodies. School. He did his undergrad- To Say — Wit & Wisdom from She has honored Dr. Fisher by uate work at The University of the Heart & Soul; No Place Like researching her life and writ- Arkansas, where he complet- Home — A Story about an All- ing a play about her legal bat- ed a double major in econom- Black, All-American Town (mid- tle for equality as a law stu- ics and sociology. Mr. Johnson dle reader); and IncogNegro: dent at the University of Okla- is an attorney, author and Poetic Reflections on Race and homa titled, “I’ll Do It.” independent consultant. He Diversity in America. His play, has also served as an adjunct Big Mama Speaks — A Tulsa professor at The University of Race Riot Survivor’s Story, has Tulsa College of Law, Oklaho- been performed at the Tulsa ma State University and the Performing Arts Center, Phil- University of Oklahoma. brook Museum of Art and was selected for the 2011 National Black Theatre Festival. Mr. Johnson has also penned articles for the Encyclopedia of African American History. Business/Law Firm/ Organization/Groups: The OU College of Law’s Legal Aid of Oklahoma clinic programs under the Legal Aid Services of Okla- leadership of Professor Wat- homa is a 501 (c) (3) organiza- tley have expanded to include tion with the mission of a mediation training program “being a partner in the com- that helps people find afford- He has served as president munity making equal justice able alternatives to litigation, of Leadership Tulsa, the Met- for all” a reality by providing a clinic which allowed stu- ropolitan Tulsa Urban League free civil legal assistance to dents to conduct federal jury and the Northeast Oklahoma eligible low income individu-

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2119 Last year the company owns and operates Legal Aid legal midstream gathering and pro- staff and pro cessing assets, and interstate als and their families, and to bono attorneys natural gas pipelines. In addi- the elderly. Their law offices closed 8,671 cases statewide -- tion, Williams processes oil are in Ardmore, Bartlesville, cases that touched the lives of sands off-gas and produces Hugo, Lawton, Muskogee, Nor- 7,362 children and a total of olefins for petrochemical man, Oklahoma City, Stillwater, 18,061 family members. The feedstocks. Tulsa and Weatherford. In addi- biggest demand for the servic- tion there are satellite offices in es of Legal Aid is family law, including cases involving vic- Ada, Altus, Chickasha, Duncan, tims of domestic violence. Enid, Jay, McAlester, Poteau, Children are the biggest bene- Shawnee, Stilwell and Wood- factors as Legal Aid strives to ward. There are two adminis- stabilize their families through trative offices, the headquarters the issues of custody, child in Oklahoma City and one support and divorce. in Tulsa. Tulsa is the location of Wil- Legal Aid also represents liams’ headquarters. Other The work of Legal Aid is the elderly seeking social major offices are in Salt Lake civil in nature. Legal Aid can- security or other public bene- City, Houston, the Four Cor- not assist with any criminal fits or in helping the elderly ners Area and there is a grow- problems or provide any rep- resolve the issues of guardian- ing presence in Pennsylvania. resentation to those who are ship. They help individuals Williams Co. employs approx- incarcerated. Legal Aid attor- faced with losing their hous- imately 4,200 people and is an neys in Oklahoma are prohib- ing through evictions or mort- equal opportunity employer ited from entering into any gage foreclosures. They also that does not discriminate in class action law suits. Legal assist people with cases any employer/employee rela- Aid attorneys are prohibited involving Medicare, Medicaid tions based on race, color, reli- from taking any fee generat- and other health care prob- gion, sex, sexual orientation, ing cases and typically pass lems, helping them gain the national origin, age, disability them to the private bar when entitlements for which they or veteran’s status. Williams those clients seek our help. qualify. common stock (WMB) and Even if individuals qualify for Williams Partners units (WPZ) The make-up of the organi- service, because the demand are listed on the New York zation’s 27-member governing Exchange. The company was far exceeds the capacity of board is determined by the founded in 1908. staff, Legal Aid accepts only Legal Services Corp., its pri- those cases that meet a condi- mary grantor, and must be Williams fosters an envi- tion of immediate severity. comprised of two-thirds attor- ronment that attracts a high- In 2012, Legal Aid’s total ney representatives from bar performing, diverse work- staff of 128 includes 66 full- associations and other legal force. All individuals are time attorneys, 16 paralegals associations and one-third respected and valued for their and 46 clerical and adminis- representing Legal Aid clients. contributions and have the opportunity to achieve their trative support staff. To help Williams Co. handle the demand, hundreds maximum potential. Williams of private Oklahoma attorneys Williams Co. is an energy strives to treat all employees, volunteer their time and infrastructure company customers, business partners, expertise to Legal Aid. Some- focused on connecting North shareholders and the commu- times they teach in the organi- America’s significant hydro- nities in which they serve with respect and dignity. zation’s legal clinics, but most carbon resource plays to often they advise clients and growing markets for natural Company diversity pro- help them fill out legal forms, gas, natural gas liquids grams and initiatives include or they take on simple cases (NGLs) and olefins. Williams’ the enterprise-wide Diversity for full representation. In 2011, operations span from the Council chaired by its CEO; hundreds of private attorneys deepwater Gulf of Mexico to active diversity teams and closed a total of 943 cases. the Canadian oil sands. The business resource groups

2120 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 throughout the company; tinued to serve the needs of ongoing diversity and inclu- women, their families and the sion training; flexible work community of Tulsa. In its ear- schedules; mentoring; college liest years, YWCA Tulsa relations and K-12 partner- offered inexpensive meals, ships and outreach; extensive lodging and occupational investment in the community training to young women survivors of rape or domestic to support numerous commu- working to better their lives in violence. They come for job nity organizations, making a a vibrant, growing city. In training and career counsel- difference in areas where Wil- 1921, YWCA Tulsa opened a ing. They come for childcare. liams employees live and its center in north Tulsa to pro- They come for a variety of businesses operate. Business vide housing, food and job reasons. But they come. And resource groups within Wil- training for young African they leave with a renewed liams serve as advocates of American women left home- spirit, new skills and stronger change in support of manag- less by the race riot. In the lives. ing diversity and provide 1930s, it helped hundreds of valuable insights to manage- The YWCA Oklahoma City women and their families sur- ment on commercial issues, as has programs like the Inez vive the ravages of the great well as employee relations. Kinney Gaylord Emergency depression. In more recent Shelter, which is the only shel- years, the YWCA has guided YWCA of Oklahoma City ter for battered women and women through times of crisis, and Tulsa children in Oklahoma County. helped newcomers to America The YWCA is the oldest and It is an emergency shelter, pro- find their way in a bewildering largest multicultural women’s viding help in obtaining legal new culture and provided a organization in the world. Its services, transportation, hous- variety of opportunities to help mission is to eliminate racism ing information, medical care, the young, the old and the and empower women. They child care and advocacy ser- physically disadvantaged provide safe places for women vices for up to two months. reach their full potential. This and girls, build strong women YWCA Oklahoma City pro- year, YWCA Tulsa will serve leaders and advocate for wo- vides transitional housing for more than 20,000 Tulsans men’s rights and civil rights women and children who are through programs that include in Congress. victims of family violence. health and wellness, immigration services and activities for YWCA Oklahoma City is YWCA Tulsa is dedicated to senior citizens. dedicated to eliminating rac- eliminating racism, empower- ism, empowering women and ing women and promoting The Diversity Committee promoting peace, justice, free- peace, justice, freedom and salutes its inaugural award dom and dignity for all. The dignity for all — and advocate winners and urges all Oklaho- YWCA Oklahoma City focus- for all Tulsans to succeed ma lawyers to attend the con- es its programs on fighting through wellness, wealth and ference and help honor these domestic violence and sexual education. YWCA Tulsa’s core leaders at the luncheon. values are building trust assault. It is the only certified Ms. Smith, who chairs the through inclusiveness, respect shelter for battered women OBA Diversity Committee, is and communication and children in Oklahoma general counsel for the Oklahoma County. YWCA was founded in 1914. Office of Management and Women come to the organi- YWCA Tulsa has continually Enterprise Services and Human zation in times of crisis, as adapted to the challenges of Capital Management legal an evolving society and con- counsel.

Ada Lois Sipuel Fisher was a champion of the cause of diversity as the first African-American woman to attend an all-white law school, the University of Oklahoma College of Law, after a lengthy legal battle. She graduated in 1952 and earned a master’s degree in history from OU in 1968. After briefly practicing law in Chickasha, she joined the faculty at Langston University. In 1992, she was appointed to the University of Oklahoma Board of Regents.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2121 BOARD OF BAR EXAMINERS

New Attorneys Take Oath oard of Bar Examiners Chairperson, J. Ron Wright, announces that 314 applicants who took the Oklahoma Bar Examination on July 24-25, 2012, were admitted to the Oklahoma Bar BAssociation on Wednesday, Sept. 19, 2012, or by proxy at a later date. Oklahoma Supreme Court Chief Justice Stephen W. Taylor administered the Oath of Attorney to the candidates at a swearing-in ceremony at the State Capitol. A total of 399 applicants took the examination. Other members of the Oklahoma Board of Bar Examiners are Vice-Chairperson Loretta F. Radford, Tulsa; Tom A. Frailey, Chickasha; Monte Brown, McAlester; Stephanie C. Jones, Clinton; Bryan Morris, Ada; Roger Rinehart, El Reno; Donna L. Smith, Miami; and Scott E. Williams, Oklahoma City. The new admittees are:

Dacia Elizabeth Abel John Bradshaw Boozer Daniel Richard Burstein Daniel Christopher Adams Joel Alan Borkenhagen Donna Marie Burton Vickie Lea Adams Alex Clinton Bramblett Stephanie Leann Bush Daniel Nathan Aizenman Jessica Nicole Bramlett Jordan L Cabelka Thomas Raber Alford Nicollette-Leigh Brandt Chance Tate Cammack Khalid Masood Ali Anna Leah Brannon Jeffrey Colin Cartmell Zane Tyler Anderson Jennifer Nicole Brannon Paul Burford Cason Reginald C. Armor III Austin Sanford Brewer Brandon Kyle Cato Joni Lee Autrey Bradley Joseph Brown Spencer S. Chaffin Rachel Leslie Baker Glenn Kathleen Brown Brian Curtis Chandler Stephanie Anne Baker Gregory James Brown Mark Wesley Charles Jr. Stephen Franklin Baldridge Matthew Kemp Brown Cassidy Lynn Chew Kelsey Kaylyn Bardwell Timothy Michael Bunson Ryan Scott Childress Steven Anthony Barker Judith Clark Burdg Candace Lauren Clark Timothy Luke Barteaux Christina Ann Burns Sarah Michaela Cochran Teresa Elizabeth Baumann Douglas Jonathan Baxter Michael Patrick Beard Brice Wayne Bisel Adam Thomas Blanchard Emilie Anne Blanchard Jamie L. Bloyd Trenton David Boaldin Mia Vanzura Bockus New attorneys take oath.

2122 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Caroline Nichols Cole Chadwick Theopolis Holeman Eric Lee Combs Bryan Chance Holland Miranda B. Combs Brian Allan Holloway Cody Jarrett Cooper Joshua James Holloway Elizabeth Anne Cooper Shannon Renee Holman Jessica Nicole Cory Hailey Madison Hopper Clayton William Cotton Richard Thomas Hornbeek Christian Frederick Cox Michael Gilman Housley Lewis David Craft Rachel Ann Hubner Jacob Samuel Crawford Mary Page Huckabee Jered Tyler Davidson Meghan Elizabeth Hull Chief Justice Steven Taylor Matthew Douglas Day swears in new attorneys. Thomas Haskins Hull Jr. Justin Ray Hutton Megan Hudson Dearth Natalie Natasha Fullbright- Tiece Imani Dempsey Ostrander Martha Lynne Hyde Zachary J. Denney Mara Kee Funk Matthew Bernhard Hyde Kara Rose Didier Michael Andrew Furlong David William Illingworth II Monica Ann Dionisio Michelle Kathleen Galusha Norborn Grant Jackson Sean Michael Dooley Jason Mathias Gardner Clinton Reed James Allyson Elizbeth Dow David Randolph Gleason Kyle David James Kristin Renee’ Drake Dana Michael Good Marquia Sharmayn Johnson Matthew Arthur Dunham Jon Jeremy Gores Terrence Terrell Johnson Jordyn Leigh Eckert Susan Lee Graham Tyler Christian Johnson Kristin Rena’ Edwards Kara Nicole Gray Cody Brooke Jones Stuart David Edwards Christina Lynn Green Tanya Rachelle Jones Kenneth Allan Elmore Kyle Phillip Gregory Sahar Jooshani William Russell Emig Justin P. Grose Scott Patrick Kedy Celeste Jacqueline England Jamie Rae Guzman Robert Scott Keith Nathan Colburn Enos David Chandler Hamel Christopher Ryan Kemp Ryan Douglas Ensley Brian Jeffrey Hansford Satyam Khanna Terra Sue Ernst Josiah Taylor Rerick Hass Sean Wesley Kilian Lori Elizabeth Eropkin Jeremy Luke Hayes Barbara Frances Klepper Gregory Matthew Failing Willie Dillan Hayward Adam John Kline Blake Meredith Feamster Griffin McKay Hazard Barbara Stacy Kline Joelle Karin Fehlauer Isaac Breaker Helmerich Jeffrey William Kline Moaning Robert William Henderson Jill Suzanne Klinginsmith Shayna Rae Feiler Anthony Jerome Hendricks Katherine Eileen Koljack Matthew Kent Felty Edward Theodore Highberger John Allen Krahl Kristin Sheree Fisher Justin Patrick Hill Leslie Allison Kramer David Robert Fleury Amanda Lynn Hinshaw Jessica Lynn Kudryk Joshua Than Franks Ashley Paige Hodges Laura Ann LaBianca Puente

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2123 Rebecca Rose Large Christopher J. Nassar Robert Edward Price II Lynn Elizabeth Lawrence Keith Andrew Needham Melissa Ann Purvis David G Lawson Christopher Charles Nesbitt Zachary Lynn Pyron Rachel Elizabeth Leary Patrick Lee Neville Jr. Haley Michelle Rader Alexandra Marie Lengen Vu Nguyen Russell Caldwell Ramzel Lauren K. Lindsey Jacobi Elizabeth Nichols Brandee Renee Raney Whatley Joshua Luke Lockett Stephen Matthew Rasbold John Sherman Nobles Amanda Detweiler Lovelace Dale Ronald Rex Michael A Nomura Bethany Marie Loveless Jeffery Maurice Riles Jr. Chase Alan O’Brien Samer Mahjoub Justin Daniel Rinck Kaitlyn Tierney O’Hara Nicholas C. Mahn Jennifer Jerene Riter Michael James O’Rear Victoria Johnson Malony Lorena Soto Rivas Tiemann Ryan Howard Olsen Joshua Michael Martin Christopher Paul Robinson Philip Michael Mason Brandon Roderick Paige Alyssa Masters Rachel Anne Rogers Matthew R. McCombs Erin Joseph Rooney Mitchell McCuistian Sarah Suzanne Rowe Clutts Ashley Dawn McDermott Daniel Roytman Wilson D. McGarry Alexandra Gabrielle Rupp Michael Stephen McGovern Daniel Lauvell Sadler Hilary Kate McKinney Sierra Gabrielle Salton Mary Elaine Gillen McMillen Sheila Dawn Sayne Jason Alan McVicker James Michael Scears Alisha Faye Mehrhoff Adam Reece Scharn Sara Marie Schmook Jonathan Michael Miles New OBA members sign the Mandy Leigh Miller roll of attorneys. Matthew Derek Schultz Susannah Mitchell Barclay Christopher W Scott Lauren Kellee Ottaway Eric Anders Moen Bradley Neil Secrist William Robert Pace Isai Molina Roberto Luis Seda Isaiah Parsons Adam Pearson Montessi Kimberly May Self Sonya Lea Patterson Thomas Michael Moratto Jr. James Howard Shaw Jr. Dustin Lynn Perry Aaron Nicholas Morrison Anne Elizabeth Sickles D. Tyler Perryman John Micah Sielert Michael Philip Mosca James McDonald Perryman Raegan D. Sifferman Barbara McHugh Tiffany Kay Peterson Moschovidis Alexander Jeffress Sisemore Ryan Andrew Pittman Lori Autumn Murphy David L. Skipper Judge Alexander Platt Christopher Michael Murray Donald Jon Slaughter William Douglas Popejoy Mbilike Mwafulirwa Gentry Marie Smiling John Robson Portman John Robert Myers Joshua Colby Smith Jace Hill Powell John S. Nalley Mark Allen Smith

2124 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Christopher Karl Van Ess Richard Matthew Whalen Joe Charles Vann Jeffrey Benjamin Whitesell Tina Diane Vaughan Jordan Frank Wilcox Kyle Daniel Vazquez Rachel Ann Wilhelm Diana Tate Vermeire Alicia Ellen Williams Sean Charles Wagner Andrew Thomas Williams Zachary Harris Walls David A.Z. Williams Chaille Graft Walraven Alison Elizabeth Wilson Mark Edwards Walraven Amy Nicole Wilson Jessica Ryan Ward Jarrett Anthony Wilson New attorneys take oath. Laura Nichelle Wardrip Trista Elizabeth Wilson Nathaniel Thomas Smith Katherine Fleming Sommer Jordan Leigh Southerland Nicholas Pierce Southerland William C Spain Jessica Lauren Speegle Grant Mitchell Spencer Lucas Catron Stapleton Brett M Stingley Amy Jo Stuart George Gist Thomas L-R: OBA President Cathy Christensen, OBA Executive Director John Robert Nash Thomas Morris Williams, YLD Chair Jennifer Kirkpatrick and OBA President- Elect James T. Stuart G. Gene Thompson Lendsey Cohen Stewart Thomson Matthew L. Warren Adam Bret Wing Ashley Marie Thul Benjamin Scott Wass Alexandra Nicole Winkle Kelly Jean Melina Tompkins Jonathan Michael Watson Elizabeth Blair Wozobski Kenneth Dane Towery Cole Abijah Wehner Joshua Lee Young Caitlin Bowers Towles Melissa L. Weidman Matthew Gregory Zellner

Photo Gallery More than 200 photos taken at this event can be found at www.okbar.org. Scroll down to find the Photo Galleries link. Go to 2012.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2125 PHOTO HIGHLIGHTS OBA Women in Law Conference Sept. 28, 2012 Oklahoma Judicial Center, Oklahoma City

OBA Board of Governors members pose with Oklahoma’s two women law school deans at a reception in their honor the evening before Lisa Bloom speaks on “Think: Straight the conference. From left (front row) are Talk for Women to Stay Smart in a President-Elect Jim Stuart, Dean Janet Levit, Dumbed-Down World.” Dean Valerie Couch,Vice President Peggy Stockwell, (back row) President Cathy Christensen, Past President Deborah Reheard, Susan Shields and Linda Thomas.

Retired Judge Reta Strubhar addresses the morning CLE crowd, along with panelists OBA President Cathy Christensen, OBA Women in Law Committee Cathy Christensen (left) and Chair Deirdre Dexter, attorney and TV legal analyst Lisa Bloom and Justice Yvonne Kauger. committee Vice Chair Deborah Bruce.

TU law students Kim Wendell (left) and Aubra Drybread have their books signed by keynote speaker and author Lisa Bloom.

2126 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 WOMEN IN LAW COMMITTEE Lighting the Way 2012 Mona Salyer Lambird Spotlight Award Recipients By Deborah J. Bruce

Since 1996 the Spotlight Kimberly K. Hays OBA Communications Commit- Awards have been given annu- tee, OBA Law Day Committee, Kimberly Hays is an attorney ally to five women who have OBA Professionalism Commit- in Tulsa. She has practiced distinguished themselves in the tee, OBA Bench and Bar Com- exclusively in the area of family legal profession and who have mittee and the OBA Women in law since 1993. She currently lighted the way for other Law Committee. She was select- serves on the OBA Board of women. In 1998 the award was ed as a participant for the OBA Governors, District 6 Tulsa, and named to honor the late Mona 2009 Leadership Academy. She is the past chair of the OBA Salyer Lambird, the first woman is also extremely active in the Family Law Section. She has president of the Oklahoma Bar Tulsa County Bar Association also served as the OBA/FLS Association, and one of the having served as a director-at- chair-elect, secretary, CLE chair Award’s first recipients. The large, TCBA Family Law Section and budget chair. In 2011 she Award is sponsored by the OBA chair and as a member of the was named OBA/FLS “Family Women In Law Committee. Professionalism Committee, Law Attorney of the Year” and Each year all previous winners Professional Responsibility in 2010 she was chair of the nominate and select the current Committee and as the OBA del- OBA/FLS, which received the year’s recipients. A plaque bear- egate to the Tulsa County Bar. OBA Golden Gavel Award. She ing the names of all recipients She is a Fellow of the Oklahoma has also co-chaired the OBA hangs at the Oklahoma Bar Bar Foundation and has been a Solo and Small Firm Conference Center in Oklahoma City. The pro bono volunteer to Legal Aid Committee and served on the 2012 recipients are: Services of Oklahoma since

Award winners (from left) are Judge Rebecca Nightingale, Dean Janet Levit, Kimberly Hays, Noel Tucker and accepting for the late Donnita Weinkauf Wynn, her husband, Bill Wynn.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2127 1996. For three years she was a Record’s “50 Making a Differ- served as the legislative chair PTA officer at Carnegie Elemen- ence” Circle of Excellence. and co-vice chair of the Trial tary. From 1998 to the present Advocacy Institute. She has Rebecca Brett Nightingale she has been a member of the been published and regularly Tulsa Alumnae Club of Pi Beta Judge Rebecca Brett Nightin- presents in the areas of adop- Phi - OSU ACRIC. In 2002, she gale has served as district judge tion, alternative reproductive was the Alumnae Club nominee for Tulsa County since 2003. She technology, paternity, ethics, for the Evelyn Peters Kyle Angel has served on both criminal and legislation and guardian ad litem Award for consistent contribu- civil dockets and was chief of representation, as well as serv- tion and unstinting loyalty to an the criminal division in 2004. ing as a contributing editor for Alumnae Club. She has been very active on the the OBA/Family Law Section Practice Manual. Tucker current- Janet Koven Levit bench serving on the Executive Committee, Special Judge ly sits on the OBA Women in Since 2008, Janet K. Levit has Review Committee, Death Law, Legislative and Profession- served as dean of the TU Col- Penalty Conflict Attorney Com- al Responsibility committees. lege of Law. She earned her J.D. mittee, Special Judge Selection She is also involved with the from the Yale Law School, Criteria Committee and the Guardian ad Litem Project and where she was book reviews Early Settlement Task Force. Adoption Statutory Review and articles editor of the Yale Nightingale has also served as Committee and is an OBA Fel- Journal of International Law. She the supervising judge for the low. Ms. Tucker has been an earned an M.A. in international Tulsa County Mental Health active member of the ABA Sec- relations from Yale University Court and the Tulsa County tion of Family Law since 1995. and an A.B., magna cum laude, Drug, DUI and Veterans courts. She currently serves as a coun- from the Woodrow Wilson This year she answered ques- cil member and sits on the Law School of Public and Interna- tions regarding drug court for Office Management Technolo- tional Affairs at Princeton Uni- the U.S. Senate. She was the dis- gy, Genetic and Reproductive versity. She served as law clerk trict court liaison to Early Settle- Technology, Ethics and Military for Chief Judge Stephanie K. ment Program and served on Law committees. She chairs the Seymour, U.S. Court of Appeals the Mayor’s Emergency Task Adoption Committee and co- for the Tenth Circuit, and for the Force to Fund Early Settlement. chairs of the Membership chair of the Inter-American Prior to her appointment to the Development Committee. She Commission on Human Rights bench, she was in private prac- is a member of the National of the Organization of American tice with several firms for seven Court Appointed Special Advo- States. She practiced in the years and then served for five cates Association and served as international trade and finance years as an assistant district president of the Oklahoma areas at the Export-Import Bank attorney in Tulsa County. She is CASA Executive Board. The of the United States. She writes a past president of the Hudson Tucker Award, named for Ms. about international finance and Hall Wheaton Chapter of Inns Tucker and her husband, for international human rights of Court and is a member of outstanding Guardian Ad Litem issues and published her most Oklahoma Trial Judges Associa- representation is awarded recent articles in the Emory Law tion. At the University of Tulsa annually by the OBA Family Journal, Yale Journal of Interna- she has served as a judge for the Law Section. The couple also tional Law, Harvard International moot court and forensic science received the OBA Earl Sneed Law Journal and the Columbia moot court. She is a member of Award for Outstanding CLE Journal of Transnational Law. In the advisory committee to the Contributions in 2011. 2012, the TU College of Law forensic science graduate pro- Donnita Weinkauf Wynn was included for the first time gram. Judge Nightingale is an (Posthumous award) among the top 100 law schools active member and a sustaining in the nation according to U.S. member of the Junior League Special District Judge Donnita News and World Report. Ms. of Tulsa. Weinkauf Wynn, who died July Levit serves on several philan- 31, 2012, was the first and only Noel K. Tucker thropic boards, and co-chairs woman to ever serve as district the Teach for America Oklaho- Noel K. Tucker is a member attorney for Pittsburg and ma Advisory Board. In 2012 she of The Tucker Law Firm of Haskell counties and as a judge received the Morrissey Award Edmond along with her hus- in Pittsburg County. After law for her service to the legal pro- band, Phillip J. Tucker. She is a school, she was in the private fession. She is also a 2012 past chairperson of the OBA practice of law in McAlester and inductee into The Journal Family Law Section and has later became an assistant district

2128 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 tions Community Sentencing Tulsa. In 1998, Wynn was recog- Council for Pittsburg County nized and honored as Pittsburg since her appointment to the County Woman of the Year. In bench in 2005. She was active in 2004, inspired by her brother, civic and charitable affairs, and Kirk, she hiked the Grand Can- she founded the Pink Ribbon yon rim-to-rim. Judge Donnita Luncheon in Pittsburg County Wynn’s life was cut short but to raise funds and awareness for the contributions to her family breast cancer research. Judge and community will live on in Wynn also was a strong sup- the hearts of everyone she porter of the Boys and Girls touched in her personal and Club of McAlester, 4-H and the professional career. Judge Wynn American Red Cross. She previ- quietly blazed the trail for ously served as secretary of the women lawyers in southeastern Tulsa Landsman’s Association Oklahoma. attorney. In 1995 she was and was president of the Junior Ms. Bruce serves as vice chair- appointed as district attorney Association of the Tulsa Boys person of the OBA Women in where she served until 1999. She Home. Judge Wynn was also Law Committee. has been a member of the Okla- president of the Pilot Club of homa Department of Correc-

Oklahoma Bar Journal Editorial Calendar

n February n September 2012 Indian Law Bar Convention n November Editor: Mark Ramsey Editor: Carol Manning Homeland Security [email protected] n Editor: Erin Means Deadline: Oct. 1, 2012 October Appellate Law [email protected] n March Deadline: Aug. 1, 2012 Editor: Emily Duensing Estate Planning & Probate [email protected] n December Editor: Pandee Ramirez Deadline: May 1, 2013 Ethics & Professional [email protected] Responsibility Deadline: Oct. 1, 2012 n November Editor: Pandee Ramirez n April Raising the Bar: Lawyers [email protected] Law Day Who Make a Difference Deadline: Aug. 1, 2012 Editor: Carol Manning Editor: Melissa DeLacerda [email protected] n May Deadline: Aug. 1, 2013 2013 Technology n January Editor: Sandee Coogan n December Meet Your OBA [email protected] Ethics & Professional Editor: Carol Manning Deadline: Jan. 1, 2013 Responsibility Editor: Joe Vorndran n August [email protected] If you would like to Criminal Law Deadline: Aug. 1, 2013 write an article on Editor: January Windrix [email protected] these topics, Deadline: May 1, 2013 contact the editor.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2129 Annual Meeting Legendary Civil Rights Attorney to Speak at Annual Meeting

Morris Dees will deliver a message of justice, After graduating from the University of Ala- hope and tolerance during the Plenary Session bama Law School and operating a successful on Thursday, Nov. 15 from 11 – 11:50 a.m. publishing business, he began taking controver- Mr. Dees, who is the founder and chief trial sial civil rights cases. He formed the Southern counsel of the Southern Poverty Poverty Law Center in 1970, and Law Center in Montgomery, it quickly grew into one of Ameri- Ala., will speak on the topic ca’s most successful and innova- of “With Justice for All.” He tive public interest law firms. The will address how the commit- firm has won major victories ment to justice will determine against several well-known hate our nation’s success in the next groups, and his efforts have been century as America becomes portrayed on the big screen. more diverse and economic He is the winner of numerous disparity widens. He will also awards for his work, including discuss why he became an receiving the ABA Medal, its attorney and founded the highest honor, this year. He has Southern Poverty Law Center authored three books, his auto- while detailing some of its more biography, A Lawyer’s Journey prominent cases along with along with the titles Hate on some of its new work. His talk Trial and Gathering Storm, will also touch on hate crimes America’s Militia Threat. He and the need to teach tolerance, remains actively engaged in love and respect for one another. Morris Dees litigation. He and his wife live Morris Dees was born to cotton in Montgomery, Ala. farmers in Alabama in 1936. As The Plenary Session is among the OBA CLE a young boy he worked the fields with African opportunities at the upcoming Annual Meeting in Americans, witnessing first-hand social and Oklahoma City. More plenary information and economic deprivation and Jim Crow treatment registration are available at www.amokbar.org. at its worst.

2130 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Annual Meeting Highlights

link to their websites to learn more about them. You WHAT’S NEW? can also check your Messages for notifications of what’s happening during the meeting. The app will Leadership Breakfast be available for the iPhone and Android devices Speaker Announced Oct. 22. Search 2012 Oklahoma Bar Association Annual Meeting in your app store. As the Annual Meeting comes to a close, President Cathy Chris- tensen would like to invite you to AND YOU WON’T join her at the President’s Leader- WANT TO MISS… ship Breakfast. This year, the speaker for this special event is President’s Tailgate Party Oklahoma Supreme Court Justice Keeping with this year’s sports theme, the tradi- Noma Gurich. Justice Gurich, tional formal Annual Meeting reception will trans- who was sworn in on March 31, form into colorful game day festivities fit for your 2011, is only the third woman in favorite college campus. Leave your collars and ties Oklahoma’s history to be appointed to the Okla- on the sidelines – proper attire for this event is your homa Supreme Court. The topic for her speech will most beloved sports team apparel. And since it be “Judicial Selection: The Power and Privilege of wouldn’t be game day without a game, you’ll be Serving on the Judicial Nominating Commission.” able to watch the OKC Thunder take on the Mem- Breakfast with the OBA president on Friday morn- phis Grizzlies on two big screens. You’ll enjoy coming is a longstanding tradition where OBA presi- plimentary tailgate-friendly fixins, such as brisket, dents put on a unique program reflecting his or her brats and beer (or soft drinks, if you prefer). There interests. The breakfast is from 7:45 to 8:45 a.m.; will also be a fun photo booth where you can have cost is $25. your picture taken with your favorite sports legend… Annual Meeting or at least cardboard cutouts of them! This Wednes- day evening event is included with your Annual App Coming Meeting registration, and you can bring a guest at Soon! no charge. The 2012 OBA Annual Meet- Thursday Night ing app allows you to see the entire Annual Meeting sched- Sock Hop ule by day, by track, by topic and by speaker. You It wouldn’t be Homecoming can even create your own schedule so you won’t without a dance! The theme for miss your favorites. This app works like many other our Thursday night reception is apps that you are already using — just tap on an “At the Hop,” and that’s where icon, line or word, or swipe your finger across the you can compete for best 50s screen. Add your contact information in the Contact costume while grooving to the area to make new friends or reconnect with old live music of Dave and the Wav- ones! Use your Notes to jot down ideas or events. etones. We’ll also crown the Check out speaker bios, tweet to your friends or OBA Homecoming Court, and post comments on the Annual Meeting Facebook the YLD will recognize its past chairs. This free event page. Check out our sponsors and exhibitors, and is included with your Annual Meeting registration.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2131 Annual Luncheon OBA Tech Sports fans, hold on to your ball caps! This year’s On Friday learn about ways embracing new tech- Annual Luncheon speaker is none other than renowned nology will enhance your law practice. This training sports writer and commentator, Frank Deford. Mr. will focus on law office management and technology Deford’s topic for the luncheon will be “Sports: The that is particularly geared toward solo and small firm Hype and the Hypocrisy.” In his speech, Mr. Deford attorneys. The event is co-sponsored by the OBA Law will provide a look at the sports industry from multiple Office Management and Technology Section and is angles. Using personal anecdotes gathered from a approved for six hours of MCLE. The cost is $75 lifetime of writing and reporting about sports and thanks to the section’s sponsorship. Annual Meeting sports personalities, he will give a behind-the-scenes registration is not required to attend, and section look at the industry. OBA awards will also be pre- members get an even bigger discount. Lunch is in- sented during the luncheon. cluded along with free Fastcase training. Use the Immediately following, Annual Meeting registration form to sign up. Mr. Deford will autograph books, and his books will WHAT ELSE? be available for purchase. The Annual Luncheon will take place from noon to What does your 1:45 p.m. Thursday, Nov. registration fee include? 15. Cost to attend is $35. What better place to show your team spirit than in Seating is limited, so regis- the hub of Oklahoma City? OBA Homecoming will be ter today! held at the downtown Sheraton Hotel, just blocks away Dave and the from the OKC Thunderdome. In addition to the Presi- dent’s Tailgate Party and At the Hop, your registration Wavetones fee includes a continental breakfast in the hospitality area Wednesday morning, Thursday “Time Out” in the At the Thursday night sock hop, Dave and The hospitality area, book signings by renowned sports Wavetones will rock your socks off! Based out of writer Frank Deford and Oklahoma author Bob Burke, Oklahoma, this 16-piece band plays songs for every- convention gift and Vendors Expo. one to enjoy from rock to big band. David Lon Rich- ardson founded the band in 1994. In 2002, Dave and the Wavetones was one of the tops bands in the How do you register? country and continues to be in demand. In 2007 Register for all homecoming events using the Richardson franchised his band, Wavetones Inc. As a Annual Meeting registration form. You can register result, there are now several lineups including the by mail, by fax or at www.amokbar.org. Wavetones, Dave and the Wavetones and Hook. Sponsors

Super Bowl Major League MVP H CoreVault H OBA Litigation Section H Beale Professional H OBA Law Office Manage- ment and Technology Section Services H OBA Young Lawyers H OBA Family Law Section Division H OBA Labor and Employment H Oklahoma Law Section Attorneys Mutual H GableGotwals Insurance Co. H Imprimatur Press H Law Pay

2132 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Annual Meeting 2012 OBA Award Presentations Congratulations to the following individuals who will be receiving OBA awards during the Annual Meeting. Expanded information about the award recipients will be published in the Nov. 3 Oklahoma Bar Journal and online at www.amokbar.org. Below is a list of this year’s winners and the event at which they will receive their award.

Alma Wilson Award Law School Luncheons for an OBA member who has made a significant Wednesday, Nov. 14 contribution to improving the lives of Oklahoma children Fred Dorwart, Tulsa Outstanding Senior Law School Student Award Neil E. Bogan Professionalism Award OCU – Joshua A. Rummel, Missoula, Montana to an OBA member practicing 10 years or more who OU – Ashley L. Powell, Oklahoma City for conduct, honesty, integrity and courtesy best rep- TU – Rachel A. Jones, Richmond, Va. resents the highest standards of the legal profession Robert S. Farris, Tulsa Annual Luncheon John E. Shipp Award for Ethics to an OBA member who has truly exemplified Thursday, Nov. 15 the ethics of the legal profession either by 1) acting in accordance with the highest standards in the face of pressure to do otherwise or 2) by serving Earl Sneed Award as a role model for ethics to the other members for outstanding continuing legal education of the profession contributions Rex Travis, Oklahoma City Donita Bourns Douglas, Oklahoma City Trailblazer Award Award of Judicial Excellence to an OBA member or members who by their signifi- for excellence of character, job performance or cant, unique visionary efforts have had a profound achievement while a judge and service to the bench, impact upon our profession and/or community and bar and community in doing so have blazed a trail for others to follow Judge Stephen Friot, Oklahoma City Retired Judge Charles L. Owens, Oklahoma City Liberty Bell Award President’s Award for non-lawyers or lay organizations for promoting or (to be announced) publicizing matters regarding the legal system Ginnie Graham, Tulsa Joe Stamper Distinguished Service Award General Assembly to an OBA member for long-term service to the bar Friday, Nov. 16 association or contributions to the legal profession Melissa DeLacerda, Stillwater Outstanding County Bar Association Award for meritorious efforts and activities Pittsburg County Bar Association Tulsa County Bar Association

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2133 Hicks Epton Law Day Award Award for Outstanding Pro Bono Service for individuals or organizations for noteworthy by an OBA member Law Day activities Clark O. Brewster, Tulsa Ottawa County Bar Association Paul Naylor, Tulsa Gail Stricklin, Laurie Jones and Cindy Goble, Golden Gavel Award all of Oklahoma City for OBA Committees and Sections performing with a high degree of excellence Golden Quill Award OBA Young Lawyers Division best Oklahoma Bar Journal article (selected by Board of Editors) Outstanding Young Lawyer Award Gary Clark, Stillwater for a member of the OBA Young Lawyers Division for Renée DeMoss and Melissa Taylor, both of Tulsa service to the profession Roy Tucker, Muskogee President’s Award (to be announced) Outstanding Service to the Public Award for significant community service by an OBA member Cleveland County Bar Association

2134 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 OBA Governance 2013 Transitions 2012 President 2013 President Cathy Christensen, Oklahoma City James T. Stuart, Shawnee Cathy Christensen was born James T. Stuart is a partner in Norristown, Penn., and in the Shawnee firm of Stuart, moved to Oklahoma in 1973. Clover, Duran, Thomas & Vorn- She received her undergradu- dran, practicing in estates and ate degree from Oklahoma trusts, real property, oil and State University in 1982 and gas, banking, and commercial J.D. from Oklahoma City Uni- law and litigation. He gradu- versity School of Law in 1986. ated from Central State Univer- She was admitted to the bar in sity in 1975 and received his 1987. She practices in Okla- J.D. from the University of Tulsa homa City for the law office College of Law in 1978. Mr. Cathy M. Christensen and Associates PC. Ms. Chris- Stuart served on the OBA tensen has been actively involved with and held Board of Governors from 2008 to 2010, and was offices in numerous organizations including serving as previously a director of the OBA Young Lawyers Divi- chairman for the Law-related Committee in 1989 sion. He has served on the OBA Access to Justice, to1995; OBA Facilities Committee; OBA Bench and Awards, Audit, Budget and Communications Commit- Bar Committee; OBA Family Law Section member tees, and he was also a member of the Board of Edi- since 1990, in 1992 served as secretary and 1993 tors of the Oklahoma Bar Journal from 2005 to 2010. as social chairman; OBA High School Mock Trial He was appointed to the OBA Administration of Jus- Committee member; National Mock Trial Task Force tice Task Force. He served on an Oklahoma Court of member; Solo and Small Firm Committee; OBA Appeals temporary panel in 1991 by Supreme Court Women in Law Committee member since 1995; OBA appointment, and he is a Supreme Court justice of the Audit Committee; OBA Budget Committee; OBA Absentee Shawnee Tribe of Indians. He was a busi- Unauthorized Practice of Law Committee; OBA Strate- ness law instructor at Oklahoma Baptist University. He gic Planning Committee; and OBA Awards Commit- is a past president of the Pottawatomie County Bar tee. She is also a Benefactor Fellow of the Oklahoma Association and is a member of the Oklahoma and Bar Foundation and serves as an OBF Trustee. She American Bar Associations. He has been a multi-term served as the OBA Board of Governors liaison to the delegate to the OBA Annual Convention. He was a Oklahoma County Bar Association Board of Directors director of Legal Aid of Western Oklahoma Inc. He is from 2006-2009. Ms. Christensen has received an OBF and ABF Fellow. Mr. Stuart was an initial numerous awards for her leadership and community organizer of Leadership Oklahoma and was a mem- service. ber of its Class IV. He is currently a trustee of the UCO Foundation. He has been on the boards of numerous Shawnee civic affairs and service organizations. He is a member of the Oklahoma Baptist University-Shaw- nee Advisory Board and a contributing member of the Shawnee News-Star editorial board. He and his wife, Kathy, have three daughters.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2135 2013 NOMINEES Vice President Dietmar Caudle, Lawton President – Elect Reneee DeMoss, Tulsa Dietmar K. Caudle was admitted to the Oklahoma Bar Reneee DeMoss is a share- Association in 1979. He is holder in the Tulsa law firm also admitted to practice law GableGotwals. She graduated before the U.S. Supreme Court summa cum laude from Okla- and the U.S. District Court, homa City University and Western District of Oklahoma. received her J.D. from the Uni- He received his B.A. from the versity of Oklahoma College of University of Oklahoma in Law in 1984 with honors. Her 1971 and his J.D. from the area of practice focuses on Oklahoma City School of Law commercial litigation, ERISA, in1976. His legal fraternity was the Phi Delta Phi. He insurance law and general was a member of the National District Attorneys Asso- business matters. She has actively been involved with ciation from 1976 to 1979; a member of the Ameri- and held offices in numerous organizations through- can Bar Association and the OBA Board of Governors out her career, including serving as President of the from 2005 to 2007; the Professional Responsibility Tulsa County Bar Association, the Tulsa County Bar Tribunal from 2009 to 2012; the OBA Board of Edi- Foundation, and the Oklahoma Bar Foundation. She tors from 2010 to 2012. He has been a member of currently serves on the OBA Board of Governors. Ms. the Clients’ Security Fund and chair of the Military DeMoss has served as chair of the TCBA Member- Legal Assistance Task Force since 2009. Mr. Caudle ship, Law Day and Lawyer Referral Service Commit- is the current vice president of the Oklahoma Bar tees. She has been actively involved with the Long Foundation. Mr. Caudle was presented with the Pro Range Planning, Nominations and Awards, Legal Bono Publica Award from the Comanche County Bar Aid/Pro Bono and Community Outreach Committees. Association, Legal Aid of Western Oklahoma, Inc. in She has also served on the OBA Budget, Rules and 2001 and the Comanche County Bar Association Bylaws, Professionalism and Law School Committees. Professionalism Award in 2011. In 2003, he served She served on the Board of Directors of the National as president of the Comanche County Bar Associa- Conference of Bar Foundation and Oklahoma Attor- tion. Mr. Caudle has practiced law as a sole practitio- ney Mutual Insurance Co., and is a member of the ner in Lawton since 1980, with emphasis on domestic American Inns of Court, Council Oak Chapter. She and criminal law. He is president of Caudle Law received the OBF President’s Award in 2003, the Office PC. He is married to Camilla and has two Mona Lambird Spotlight Award in 2007, OBA Alma daughters, Tiffany and Ashlie. Wilson Award in 2008, and the OBA Hicks Epton Law Day and ABA Outstanding Law Day Awards in 1999. Ms. DeMoss also received the TCBA President’s Award in 1993, 1999, 2000 and 2010, and received the TCBA Golden Rule Award in 2011. Ms. DeMoss was recognized by the Journal Record in 2010 for the Women of the Year Award and in 2011 for Leadership in the Law.

2136 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 CONTESTED ELECTION: Robert D. Gifford, II, Oklahoma City Supreme Court Robert Don Gifford is an assistant U.S. attorney in the Judicial District Three U.S. attorney’s office for the Sonja R. Porter, Oklahoma City Western District of Oklahoma Sonja R. Porter has a solo in Oklahoma City. He the cur- practice in Oklahoma City rent Chair of the OBA Military and handles mostly DUIs as & Veteran’s Law Section and is well as other criminal cases an active member of the OBA and expungements. She Military Assistance Committee. began as an assistant district He also volunteers for the attorney for Oklahoma Coun- Heroes program, providing ty, and later worked as an assistance to servicemembers and veterans. In addi- associate for a DUI defense tion, Mr. Gifford is a lieutenant colonel in the U.S. firm for eight years before Army Reserves and is the staff judge advocate for the starting her own solo practice 95th Training Division. He also serves part-time as the in Oct. 2011. Although her office is in Oklahoma chief judge for the Kaw Nation Tribal Court and is a City, she handles cases across Oklahoma and has supreme court justice for the Iowa Nation. Mr. Gifford appeared in at least 20 counties. She has presented received his J.D. from the University of Oklahoma Col- CLE on DUIs, expungements, and ethics and regularly lege of Law, where he served as an editor on the volunteers her knowledge to attorneys who call. She American Indian Law Review and as an officer in both has volunteered as a moot court judge for OCU the national and OU chapters of the Native American School of Law since 2000 and for OU since 2010. Law Student Association. He is a member of the She has also served as a panel judge for the high American, Oklahoma and Oklahoma Indian Bar school mock trials for several years. She currently Associations. Mr. Gifford was admitted to the courts serves on the OBA Women in Law Committee and as for the Cherokee Nation, the U.S. Supreme Court, the a co-administrator for the William J. Holloway, Jr. federal courts in Oklahoma and Nevada, the 9th and American Inn of Court. She is a member of the Okla- 10th Circuit Courts of Appeal and the Courts of homa, Canadian and Cleveland County Bar Associa- Appeals for Veteran Claims and the Armed Forces. tions. She is also a member of the OKC Christian Mr. Gifford began his legal career as a law clerk at Legal Society, Phi Delta Phi and the National College the Cherokee Nation under Chief Wilma Mankiller, of DUI Defense. She received her bachelor’s degree and began his career as a lawyer on active duty with from Bob Jones University and her J.D. from Oklaho- the U.S. Army as an officer in the Judge Advocate ma City University School of Law, where she served General’s (JAG) Corps at Fort Knox, KY, Bosnia-Her- as the class secretary all three years. She is married zegovina and Fort Sill. He served in various capaci- to Jim Porter CPA. Together they have three children. ties from legal aid to prosecuting or defending in courts-martial cases. In addition, he was mobilized back onto active duty in 2007 and 2008 as the legal spokesman for the trials on 9/11 terrorists and detain- ees at Guantanamo Bay. Upon leaving active duty, Mr. Gifford served as an assistant district attorney in Tulsa County. He then joined the U.S. Department of Justice as an assistant U.S. attorney in Nevada, and later went back to the U.S. attorney’s office in Okla- homa City. Mr. Gifford and his wife Gloria have three beautiful daughters; and he feels his greatest and most challenging role is that of being “Dad.”

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2137 Supreme Court Committee. She previously served on the OBA Bench Judicial District Four and Bar Committee. She is a member of the OBA Douglas L. Jackson, Enid Family Law Section and is a Sustaining Fellow of the Oklahoma Bar Foundation. Ms. Coogan is a proud Doug Jackson has been in member of the Cleveland County Bar Association, private practice in Enid since serving as its President from 1999 to 2000. She also 1981. He is a shareholder and served in other various capacities as an Executive managing director of Gungoll, Board member since 1997. She has been elected as Jackson, Collins, Box & Devoll a Cleveland County Bar Association delegate to the PC. His main areas of practice OBA Annual Meeting House of Delegates since are civil litigation, banking law 1997. Ms. Coogan is also a trustee of the Cleveland and cooperative law. He is a County Bar Foundation and a member of the Post- member of the Oklahoma Bar Adjudicatory Review Board for deprived children, Foundation and has served as where she has served as chairman since 1994. She is president of the Garfield Coun- also a member of the Cleveland County Bench and ty Bar Association. He is currently a director of Central Bar Committee. National Bank & Trust Company of Enid, commis- sioner of the Enid Fire Department Civil Service Com- Member-At-Large mission and serves on the Board of Directors of the Richard Stevens, Norman Federated Church. He is also past president of Oak- Richard Stevens has been an wood Country Club and past general superintendent assistant district attorney in of Northwest District Livestock Show. He and his wife Norman since 1986. He Beth have three daughters and two sons. received his B.A. in 1978 and Supreme Court his J.D. in 1982, both from the University of Oklahoma. He is Judicial District Five a member of the Criminal Law Sandee Coogan, Norman Section, the Rules of Profes- Sandee Coogan is a sole sional Conduct Committee and practitioner in Norman, focus- the Oklahoma District Attor- ing primarily on family law. neys Association. Mr. Stevens She received her B.S. in Edu- has been active with both the OBA and the Cleveland cation and her M.Ed. in Educa- County Disaster Response and Relief Committees and tional Psychology from the Uni- the OBA Lawyers for America’s Heroes program. An versity of Oklahoma. She active member of the Cleveland County Bar Associa- received her J.D. from the OU tion, he served on its Executive Committee from 2010- College of Law. She is admit- 2012. He has served as the district attorney’s liaison ted to practice law in the state to the Cleveland County Community Sentencing Coun- of Oklahoma and the U.S. cil and serves on the Cleveland County Board of Law District Court for the Western District of Oklahoma. Library Trustees. Mr. Stevens is a member of both the Ms. Coogan currently serves on the Oklahoma Bar OBA and the Florida bars. Journal Board of Editors as well as the OBA Awards

2138 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 BAR NEWS

2013 OBA Board of Governors Vacancies Nominating Petition Deadline was: 5 p.m. Friday, Sept. 14, 2012 OFFICERS Summary of Nominations Rules Not less than 60 days prior to the Annual Meeting, President-Elect Current: James T. Stuart, Shawnee 25 or more voting members of the OBA within the Mr. Stuart automatically becomes OBA president Supreme Court Judicial District from which the Jan. 1, 2013 member of the Board of Governors is to be elected (One-year term: 2013) that year, shall file with the Executive Director, a Nominee: Renée DeMoss, Tulsa signed petition (which may be in parts) nominating a candidate for the office of member of the Board of Vice President Governors for and from such Judicial District, or Current: Peggy Stockwell, Norman one or more County Bar Associations within the (One-year term: 2013) Judicial District may file a nominating resolution Nominee: Dietmar Caudle, Lawton nominating such a candidate. Not less than 60 days prior to the Annual Meet- BOARD OF GOVERNORS ing, 50 or more voting members of the OBA Supreme Court Judicial District Three from any or all Judicial Districts shall file with the Current: Susan Shields, Oklahoma City Executive Director, a signed petition nominating a Oklahoma County candidate to the office of Member-At-Large on (Three-year term: 2013-2015) the Board of Governors, or three or more County Nominees: Sonja R. Porter, Oklahoma City Bars may file appropriate resolutions nominating Robert D. Gifford II, Oklahoma City a candidate for this office. Not less than 60 days before the opening of the Supreme Court Judicial District Four Annual Meeting, 50 or more voting members of Current: Glenn Devoll, Enid the Association may file with the Executive Direc- Alfalfa, Beaver, Beckham, Blaine, Cimarron, tor a signed petition nominating a candidate for Custer, Dewey, Ellis, Garfield, Harper, Kingfisher, the office of President-Elect or Vice President or Major, Roger Mills, Texas, Washita, Woods and three or more County Bar Associations may file Woodward counties appropriate resolutions nominating a candidate (Three-year term: 2013-2015) for the office. Nominee: Douglas L. Jackson, Enid If no one has filed for one of the vacancies, Supreme Court Judicial District Five nominations to any of the above offices shall be Current: Ryland Rivas, Chickasha received from the House of Delegates on a peti- Carter, Cleveland, Garvin, Grady, Jefferson, Love, tion signed by not less than 30 delegates certified McClain, Murray and Stephens counties to and in attendance at the session at which the (Three-year term: 2013-2015) election is held. Nominee: Sandee Coogan, Norman See Article II and Article III of OBA Bylaws for Member-At-Large complete information regarding offices, positions, Current: David Poarch, Norman nominations and election procedure. (Three-year term: 2013-2015) Vacant positions will be filled at the OBA Annual Nominee: Richard Stevens, Norman Meeting Nov. 14-16. Terms of the present OBA officers and governors listed will terminate Dec. 31, 2012. Nomination and resolution forms can be found at www.okbar.org.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2139 BAR NEWS

OBA Nominating Petitions (See Article II and Article III of the OBA Bylaws)

OFFICERS Judicial District No. 4 President-Elect Douglas L. Jackson, Enid Renée DeMoss, Tulsa Nominating Petitions have been filed nominating Nominating Petitions have been filed nominating Douglas L. Jackson for election of Supreme Court Renée DeMoss for election of President-Elect of the Judicial District No. 4 of the Oklahoma Bar Asso- Oklahoma Bar Association Board of Governors for ciation Board of Governors for a three-year term a one-year term beginning January 1, 2013. beginning January 1, 2013. A total of 507 signatures appear on the petitions. A total of 61 signatures appear on the petitions. A Nominating Resolution has been received from Judicial District No. 5 McIntosh County. Sandee Coogan, Norman Nominating Petitions have been filed nominating Vice President Sandee Coogan for election of Supreme Court Judi- Dietmar Caudle, Lawton cial District No. 5 of the Oklahoma Bar Association Nominating Petitions have been filed nominating Board of Governors for a three-year term beginning January 1, 2013. Dietmar Caudle for election of Vice President of the Oklahoma Bar Association Board of Governors for A total of 51 signatures appear on the petitions. a one-year term beginning January 1, 2013. Nominating Resolutions have been received from A total of 129 signatures appear on the petitions. the following counties: Cleveland, McClain and Nominating Resolutions have been received from Garvin. the following counties: Comanche, Cotton, Pot- tawatomie and Seminole. Member-At-Large Richard Stevens, Norman BOARD OF GOVERNORS Nominating Petitions have been filed nominating SUPREME COURT Richard Stevens for election of Member-at-Large of the Oklahoma Bar Association Board of Governors Judicial District No. 3 for a three-year term beginning January 1, 2013. Sonja R. Porter, Oklahoma City A total of 75 signatures appear on the petitions. Nominating Petitions have been filed nominating Sonja R. Porter for election of Supreme Court Judi- cial District No. 3 of the Oklahoma Bar Association Board of Governors for a three-year term beginning January 1, 2013. A total of 36 signatures appear on the petitions.

Robert D. Gifford II, Oklahoma City Nominating Petitions have been filed nominating Robert D. Gifford II for election of Supreme Court Judicial District No. 3 of the Oklahoma Bar Asso- ciation Board of Governors for a three-year term beginning January 1, 2013. A total of 57 signatures appear on the petitions.

2140 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 2012 House of Delegates Delegate certification should be sent to OBA Executive Director John Morris Williams in order for names to appear in print in the bar journal and to be included in the House of Delegates agenda book.

COUNTY DELEGATE ALTERNATE Adair Co...... Judge Jeff Payton...... Ralph Keen Alfalfa Co...... Marcus Jungman...... Kyle Hadwiger Atoka Co. Beaver Co...... Todd Trippet...... Jamie Kee Beckham Co...... Avery “Chip” Eeds...... Dan Jacobsma Blaine Co. Bryan Co. Caddo Co...... Jason Glidewell...... Kyle Eastwood Canadian Co...... Chris Arledge...... Kevin Cunningham Jack Dawson...... Nathan Richter W. Mark Hixson...... Roger Rinehart Sandy Steffen Carter Co...... Judge Dennis Morris...... Judge Thomas Baldwin (Ret.) JudgeThomas Walker...... Mike Mordy Cherokee Co. Choctaw Co...... J. Frank Wolf III...... Billy Baze Cimarron Co...... Stanley Ed Manske...... Judge Ronald L. Kincannon Cleveland Co...... Don Pope...... Amy Pepper Alissa Hutter...... John Sparks Tyson Stanek...... Beth Stanley Peggy Stockwell...... Blake Virgin Judge Lori Walkley...... Cindee Pichot Henry Herbst...... David Swank Micheal Salem...... Rebekah Taylor Judge Steve Bonner...... Rooney Virgin Richard Stevens...... Jacob Benedict Holly Iker...... Debra Loeffelholz Dave Stockwell...... Weldon Nesbitt Gary Rife...... Matt Eckstein Sandee Coogan...... Christal Adair Mike Johnson...... Lisa Howard Jan Grant Johnson...... Jamie McGraw Jan Meadows...... Tina Peot Ben Odom...... Ann Harcourt Craig Sutter...... Cheryl Farnsworth David Poarch...... Jeanne Miller Jama Pecore...... Aaron Stiles

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2141 Coal Co...... Trae Gray ...... Judge Richard Branam Comanche Co...... Dietmar Caudle...... Jared Ellis Grant Sheperd...... Kate McClure Mark Stoneman...... Robin Rochelle Cotton Co...... Judge Michael C. Flanagan...... Kathleen Flanagan Craig Co...... Kent Ryals...... Leonard M. Logan IV Creek Co. Custer Co...... Richard Phillips...... Anthony Seth Adams Delaware Co. Dewey Co...... Judge Rick Bozarth Ellis Co...... Saundra F. Lapsley...... Laurie E. Hays Garfield Co. Garvin Co...... Daniel Sprouse ...... John A. Blake Grady Co...... Judge Richard Van Dyck...... Dan Williams Ryland Rivas Grant Co...... Judge Jack D. Hammontree Jr...... Steven A. Young Greer Co...... Judge Danny R. Deaver...... Eric Yarborough Harmon Co. Harper Co...... Judge Megan L. Simpson...... Abby M. Cash Haskell Co. Hughes Co...... Trisha D. Smith...... Linda Evans Jackson Co...... Tal Oden...... Ryan Howard Jefferson Co...... Phillip Scott Johnston Co...... Judge Wallace Coppedge Kay Co...... Brian Hermanson...... Guy Clark Will Oldfield...... Rick Johnson Kingfisher Co...... Edd Pritchett ...... Kurtis Ward Kiowa Co...... Anthony G. Mitchell...... Thomas W. Talley Latimer Co...... F. Nils Raunikar...... Jill Welch LeFlore Co...... Dru Waren...... Vicki Hamel Lincoln Co. Logan Co. Love Co...... Kenneth L. Delashaw Jr...... Richard A. Cochran Jr. Major Co. Marshall Co...... D. Michael Haggerty II...... Judge Gregory L. Johnson Mayes Co...... Gary J. Dean...... Jacqueline Rhodes McClain Co...... James Dee Graves ...... Suzanne Snell McCurtain Co...... Judge Michael D. DeBerry...... Jerry L. McCombs McIntosh Co...... Samuel S. Barnes...... Carman Rainbolt Murray Co...... Phil S. Hurst...... John H. Scaggs Muskogee Co...... Jami Fenner...... Martha Cherbini Roy D. Tucker ...... Jared DeSilvey Betty Williams...... Lenora Gulley Noble Co. Nowata Co. Okfuskee Co. Oklahoma Co...... John Heatly ...... Gary Chilton James R. Webb...... Michael Rubenstein Judge Patricia Parrish...... David Kisner Judge Timothy D. DeGiusti...... Susan Shields Mack Martin...... Michael Brewer Judge Geary L. Walke...... Phillip G. Whaley Judge Glenn Jones...... Kieran Maye Howard K. Berry III...... Judge Bay Mitchell

2142 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Larry Spears...... Charles Alden Jim Kirk...... David Ogle Robert McCampbell...... W. Todd Blasdel Ben Butts...... Angela Ailles Bahm John Oldfield...... M. Courtney Briggs Judge Bryan Dixon...... Judge Page Morgan John W. Coyle...... Tim Rhodes Judge Barbara Swinton...... Evan Gatewood Judge Lisa Hammond...... Daniel Couch Judge Lisa Tipping Davis...... Richard Rose Robert C. Margo...... Robert Black David Donchin...... Sheila D. Stinson Judge Thomas E. Prince...... Keith Givens Judge Lynne McGuire...... Lawrence Schneiter Nancy Parrott...... Juston Givens John Gile...... Regan Beatty Michael Mullins...... Cherish Ralls Robert N. Sheets...... Jennifer Kirkpatrick Gary Derrick...... Justin Hiersche LeAnne Burnett...... Geremy Rowland Leslie Lynch...... John Barbush Mark Folger...... Brandon Long Okmulgee Co. Osage Co...... Jesse Worten...... Amanda Proctor Ottawa Co...... Charles W. Chesnut ...... John M. Weedn Pawnee Co. Payne Co...... David Bryan...... Catherine Seagraves Brandon Meyer...... Monika Turek James Von Murray Pittsburg Co...... Mindy Beare...... Kim Adams Ellen Quinton...... Michael Hogan Pontotoc Co...... T. Walter Newmaster...... Jason Christopher Jenna Owens...... Erik Johnson Pottawatomie Co. .... Brandi Nowakowski...... Bill Haselwood Mat Thomas...... Karen Henson Pushmataha Co...... James T. Branam...... Charlie Rowland Roger Mills Co...... Thomas B. Goodwin...... Julia O’Neal Rogers Co...... Justin Greer...... Kathy Lahmeyer Noah Sears...... Melinda Wantland Seminole Co...... R. Victor Kennemer III...... William D. Huser Sequoyah Co. Stephens Co...... Jamie Phipps William B. Buxton Texas Co...... Cory B. Hicks ...... Douglas D. Dale Tillman Co...... Clyde H. Amyx II...... Kelly Tice Tulsa Co...... Judge Millie Otey...... Robert P. Redemann Deirdre Dexter...... Julie A. Evans Judge Martha Rupp Carter...... E. Zach Smith Robert S. “Bob” Farris...... Trisha Archer James R. “Jim” Gotwals...... Moura A. J. Robertson Paul Brunton...... Tamera A. Childers Steven K. Balman...... Melissa F. Cornell D. Faith Orlowski...... James C. Milton John R. Woodard III...... Mary M. Barcus

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2143 Robert B. Sartin...... Keith A. Jones Phil Frazier...... Georgenia Van Tuyl Ronald Main...... Amber Peckio Garrett Gerald L. Hilsher...... Vijay Madduri Judge Mark Barcus...... Bruce A. McKenna Kimberly K. Hays...... Jack L. Brown Judge William C. Kellough...... Catherine M. Cullem Judge Charles R. Hogshead...... Tony W. Haynie Bill LaSorsa...... Theodore P. Gibson Renee DeMoss...... Michael S. Ashworth Kenneth L. Brune...... Kimberly K. Moore-Waite Larry D. Leonard...... Jay Dunham Leonard Pataki...... David “Mike” Thornton Jr. Hugh Rineer...... Ryan C. Harper C. Michael Zacharias...... Bill Sanders Ken Williams Molly Aspan Paul B. Naylor N. Kay Bridger-Riley Wagoner Co...... Richard L. Gray Jr. Judge Douglas Kirkley Washington Co...... Amy K. Hart...... Anthony R. Behar Kinder Shamhart...... Linda Thomas Washita Co...... Judge Christopher S. Kelly Woods Co...... Jesse D. Kline...... Westline Ritter Woodward Co.

Oklahoma Judicial Conference Judge M. John Kane IV...... Judge Mary Fitzgerald Judge Mickey J. Hadwiger...... Judge Mark Moore

2144 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Annual Meeting Notice of Meetings

CREDENTIALS One North Broadway, Oklahoma City, Oklahoma in conjunction with the 108th Annual Meeting. The COMMITTEE committee members are: Chairperson Judge Rich- The Credentials Committee of the Oklahoma Bar ard A. Woolery, Sapulpa; Roy D. Tucker, Musk- Association will meet Thursday, Nov.15, 2012, ogee; Joe Vorndran, Shawnee; W. Mark Hixson, from 9 – 9:30 a.m. in the Board Room on the Yukon; Luke Abel, Oklahoma City. second floor of the Sheraton Hotel, One North Broadway, Oklahoma City, Oklahoma in con- RESOLUTIONS junction with the 108th Annual Meeting. The COMMITTEE committee members are: Chairperson Luke Gaith- er, Henryetta; Jeff Trevillion, Oklahoma City; The Resolutions Committee of the Oklahoma Bar Brandi Nowakowski, Shawnee; Linda S. Thomas, Association will meet Thursday, Nov. 15, 2012, Bartlesville. from 10:45 – 11:45 a.m. in the Board Room on the second floor of the Sheraton Hotel, One RULES & BYLAWS North Broadway, Oklahoma City, Oklahoma in conjunction with the 108th Annual Meeting. The COMMITTEE committee members are: Chairperson Charles W. The Rules & Bylaws Committee of the Oklahoma Chesnut, Miami; Kaleb K. Hennigh, Enid; Molly A. Bar Association will meet Thursday, Nov.15, Aspan, Tulsa; D. Faith Orlowski, Tulsa; Laura H. 2012, from 10 – 10:30 a.m. in the Board McConnell-Corbyn, Oklahoma City; Dietmar Cau- Room on the second floor of the Sheraton Hotel, dle, Lawton.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2145 Wednesday, Nov. 14

OBA/CLE Sheraton Hotel, Oklahoma City, 6 MCLE Hours Family Law Criminal Law Sports Law Recent Track Track Track Developments

MODERATOR: MODERATOR: MODERATOR: MODERATOR: Ron Little Ben Brown Kelli Masters Travis Pickens Commingling and What Am I Thunder in the Court: Criminal Law Transmutation: Supposed to DO Exploring the Legal Update Property Division With This Kid? Issues Behind Issues in Divorce The Oklahoma Oklahoma Youthful and Juvenile City’s Rise to a Barry Derryberry Delinquency Systems “Big League City” 9-9:50 Shena Burgess Megan Beck Adam Barnett Senator David Holt Andrea Miller Tips for the Family Tips for Representing OU and Georgia vs. Family Law Update Law Practitioner Persons Charged in NCAA: We Let the Sex Offense Cases Tiger Loose! Professor 10-10:50 Donelle Ratheal Cindy Viol Andrew M. Coats Robert G. Spector The Use of Drug Cases Are The World of Sports Employment Law Collaborative Law by Different: Turning Agency Update Family Law Tricks in the Trade Practitioners of the Drug War Professor

11-11:50 David Tracy Chad Moody Kelli Masters David Strecker

Nuts and Bolts Track

MODERATORS: Jennifer Kirkpatrick Byron Will Joint Session Nuts and Bolts Insurance Law of Probate Update

2-2:50 Andrew Vachss on Family Law and Criminal Law Andrew Vachss Donna Jackson Rex Travis Joint Session Medicaid Eligibility Estate Planning and for Long Term Care Probate Update

3-3:50 Follow up session re: Andrew Vachss presentation Travis Smith Stephanie Chapman Joint Session Employment Law Health Law Update Civility Matters (Ethics)

4-4:50 Bill Grimm Nathaniel Haskins Karen Rieger

2146 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 OBA/CLE

Plenary Session Go For the Gold: How We Select Our Judges

Thursday, Nov. 15 9:50 Break Sheraton Hotel, Oklahoma City 10 Panel Discussion with 3 MCLE Hours the Judicial Nominating Commission and the 8:30 a.m. Registration Oklahoma Council on Judicial Complaints 9:00 Justice Commission Moderator: Deborah Reheard, Recommendations 2011 OBA President, Eufaula W.A. Drew Edmondson, Former Okla- homa Attorney General; Gable Gotwals, Terry West, General Counsel, Oklahoma City Oklahoma Council on Judicial Complaints Members of the Judicial Nominating Commission 9:15 A Historical Look at Court Reform of the 1960s 10:50 Break Bob Burke, Attorney, Author, Historian, Oklahoma City 11 With Justice for All Morris Dees, Civil Rights Attorney, Southern Poverty Law Center, Montgomery Alabama

11:50 Adjourn

This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 3 hours of mandatory CLE credit, including 0 hours of ethics. To Register: use the Annual Meeting registration form in print or online at www.amokbar.org. Annual Meeting registration is required.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2147 OBA/CLE

OBA Tech OBA/CLE and the OBA Law Office Management and Technology Section

Friday, Nov. 16 11:50 a.m. Lunch (included in registration with free Sheraton Hotel, Oklahoma City Fastcase training)

6 MCLE Hours 12:50 p.m. Program Planner/Moderator: Jim Calloway Time Management: Is it 5 p.m. already? OBA Management Assistance Program Director, Paul Unger Oklahoma City 8:30 a.m. 1:40 p.m. Break Registration 9 a.m. 1:50 p.m. The High Tech Trial with Paul Unger and 60 Hot Tech Tips in 60 Minutes Jim Calloway Paul Unger & Jim Calloway Mr. Unger is a trial presentation and litigation 2:20 p.m. technology consultant. The Mobile Lawyer: From Phones to Tablets with Paul Unger, Jeffrey Taylor 10 a.m. & Jim Calloway Break Mr. Taylor is an OBA member and technology blogger. 10:10 a.m. 3:20 PDF for Lawyers - Paul Unger & Jim Calloway OBA Tech Dismissed

To register: Use the Annual Meeting regis- 11 a.m. tration form. Annual meeting registration is Technology Trends not required. Impacting Your Practice — Registrants may attend OBA Tech Luncheon Paul Unger & Jim Calloway and Fastcase training without attending tech fair. Registration for this event is $25, and does not qualify for MCLE hours.

2148 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Three cheers for our Homecoming OBA Register Annual Meeting- Annual Meeting BY MAIL Highlights with payment or credit card info to: Sponsors Registration OBA Annual Meeting Frank Deford P.O.Box 53036 Emmy Award winner Frank Deford has been Please complete a separate form for each registrant. Oklahoma City, OK 73152 Beale Professional chosen to speak at the 2012 Annual Luncheon to be held Thursday, Nov. 15 at noon. Mr. Deford’s Name ______Phone ______Services BY FAX topic for the OBA luncheon will be “Sports: The Badge Name (if different from roster) ______with credit card information Hype and the Hypocrisy.” By using personal to: 405-416-7092 Oklahoma anecdotes gathered from a lifetime of writing Bar no. ______Email ______and reporting about sports and sports ONLINE Address______Attorneys Mutual personalities, he gives the audience a behind- www.amokbar.org the-scenes look at the industry from his unique City ______State ______Zip ______Insurance Co. CANCELLATION POLICY and varied perspective. Name of Non-Attorney Guest ______Full refunds will be given through Nov. 7, 2012. No OBA Litigation Section President’s Tailgate Party Please change my OBA roster information to the information above. q Yes q No refunds will be issued after Leave your collars and ties on the sidelines! Proper that date. attire for this event is your most beloved sports team Check all that apply: OBA Young apparel. And since it wouldn’t be game day without Lawyers Division a game, you’ll be able to watch the OKC Thunder q Judiciary q OBF Past President q OBA Past President q YLD Officer take on the Memphis Grizzlies on two big screens. q q q q You’ll enjoy complimentary tailgate-friendly fixins, YLD Board Member YLD Past President Board Bar Examiner OBF Fellow OBA Family Law Section such as brisket, brats and beer (or soft drinks, if q 2012 OBA Award Winner q Heroes Program volunteer q Delegate q Alternate you prefer). There will also be a fun photo booth q County Bar President: County ______CoreVault where you can have your picture taken with your favorite sports legend… or at least cardboard Hotel cutouts of them! This Wednesday evening event is included with q YES! Register me for the 2012 Annual Meeting, Nov. 14-16, in OKC. Fees do not include hotel OBA Law Office your Annual Meeting registration, and you can bring a guest at no charge. accommodations. For reservations call Sheraton Management and Events will be held at the Sheraton Hotel. Registration fee includes Wednesday continental Hotel at 405-235-2780. Technology Section Thursday Night breakfast in hospitality area, President’s Tailgate Party, “At the Hop” reception featuring Call by Oct. 22 and mention Sock Hop Dave and the Wavetones and a 50s-style sock hop dance, book signing by Frank Deford, “Oklahoma Bar Association convention gifts and Vendors Expo. It wouldn’t be Homecoming 2012” for a special room OBA Labor and without a dance! The theme rate of $98 per night. To q MEMBER: make reservations online, Employment Law for our Thursday night q $60 through Oct. 22; q $85 after Oct. 22 ...... $______Section reception is “At the Hop,” visit www.starwoodmeeting. and that’s where you can q NEW MEMBER (Admitted after Jan. 1, 2012): com/Book/okbarassociation. compete for best 50s q Free through Oct. 22; q $25 after Oct. 22 ...... $______For hospitality suites, OBA House Counsel costume while grooving contact Craig Combs at Section Dave and the to the live music of Dave q LAW STUDENT DIVISION: 405-416-7040 or email Wavetones and the Wavetones, a q $35 through Oct. 22; q $45 after Oct. 22 ...... [email protected]. 16-piece ensemble playing everything from * Sponsorship list current as of 9/3/2012 rock to big band music. We’ll also crown the OBA Homecoming Court, and the YLD will recognize its past chairs. This free event is included with your Annual Meeting registration. Continued on reverse

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2149 I will be attending the free event(s) included in my registration fee:

q Wednesday President’s Tailgate Reception

q Thursday ‘At the Hop’ reception

I will be attending the following ticketed events in addition to my registration fee:

q Wednesday: CLE Multitrack only, 6 MCLE hours q $125 through Oct. 22 q $150 after Oct. 22; q $25 for new members through Oct. 22 q $50 for new members after Oct. 22 ...... $______

q Wednesday and Thursday: CLE Multitrack and Plenary, 9 MCLE hours q $175 through Oct. 22 q $200 after Oct. 22; q $50 for new members through Oct. 22 q $75 for new members after Oct. 22 ...... $______

q Thursday: CLE Plenary only, 3 MCLE hours q $75 through Oct. 22; q $100 after Oct. 22; q $25 for new members through Oct. 22 q $50 for new members after Oct. 22 ...... $______

q Thursday: Annual Luncheon (______number of tickets @ $35 each) ...... $______

q Friday: President’s Leadership Breakfast (______number of tickets @ $25 each) ...... $______

I will be attending the following ticketed events that do NOT require Annual Meeting registration:

q Wednesday Law School Luncheon: q OCU q OU q TU (___ number of tickets @ $35 each) ...... $______

q Friday: OBA CLE: OBA Tech, 6 MCLE hours (including OBA Tech Luncheon with Fastcase training) q $75 through Oct. 22; q $100 after Oct. 22; q $60 for Law Office Mgmt. and Tech. Section members through Oct. 22; q $85 after Oct. 22; q $25 for new members through Oct. 22; q $50 for new members after Oct. 22...... $______

q Friday: OBA Tech Luncheon (with Fastcase Training) ONLY, 0 MCLE hours; $25...... $______

TOTAL COST (including front and back page of Registration Form) ------$______

Payment Options Questions?

q Check enclosed: Payable to Oklahoma Bar Association Contact Mark Schneidewent at Credit Card: q VISA q MasterCard q Discover q American Express 405-416-7026, 800-522-8065 or [email protected]. Card # ______Exp. ______Authorized Signature ______

2150 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 NOTICE

Oklahoma Bar Association 2013 Proposed Budget

Pursuant to Article VII, Section 1 of the Form, addressed to the executive director of Rules Creating and Controlling The Oklahoma the OBA, P. O. Box 53036, Oklahoma City, Bar Association, James T. Stuart, President- OK 73152, and postmarked not later than Elect and Budget Committee Chairperson, has sixty (60) days after the approval of the set a Public Hearing on the 2013 Oklahoma Annual Budget by the Oklahoma Supreme Bar Association budget for Thursday, Oct. 19, Court or January 31st of each year, which- 2012, at 9 a.m. at the Oklahoma Bar Center, ever shall first occur. Objection procedure 1901 N. Lincoln Boulevard, Oklahoma City, and form are available at www.okbar.org/ Oklahoma. members/budget.htm. The purpose of the OBA is to engage in Upon receipt of a member’s written objec- those activities enumerated in the Rules tion, the executive director shall promptly Creating and Controlling the Oklahoma Bar review such objection together with the Association (the Rules) and the OBA Bylaws allocation of dues monies spent on the chal- (the Bylaws). The expenditure of funds by lenged activity and, in consultation with the the OBA is limited both as set forth in the president, shall have the discretion to resolve Rules and Bylaws and in Keller v. State Bar of the objection, including refunding a pro rata California, 496 U.S. 1 (1990). If any member portion of the member’s dues, plus interest feels that any actual or proposed expendi- or schedule a hearing before the Budget ture is not within such purposes of, or limi- Review Panel. Refund of a pro rata share of tations on the OBA, then such member may the member’s dues shall be for the conve- object thereto and seek a refund of a pro rata nience of the OBA, and shall not be con- portion of his or her dues expended, plus strued as an admission that the challenged interest, by filing a written objection with activity was or would not have been within the Executive Director. Each objection must the purposes of or limitations on the OBA. be made in writing on an OBA Dues Claim The proposed budget begins on the next page.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2151 OKLAHOMA BAR ASSOCIATION 2013 PROPOSED BUDGET

REVENUES 2013 PROPOSED BUDGET 2012 BUDGET

ADMINISTRATIVE: Dues and Penalties $ 4,140,450 $ 4,080,625 Investment Income 22,000 35,000 Annual Meeting 70,000 70,000 Commissions and Royalties 42,000 38,000 Mailing Lists and Labels 11,000 12,000 Council on Judicial Complaints - Rent and Services 10,000 10,000 Board of Bar Examiners - Rent and Services 15,000 15,000 Legal Intern Fees 7,000 7,000 Other 21,000 $ 4,338,450 17,000 $ 4,284,625

OKLAHOMA BAR JOURNAL AND COMMUNICATIONS: Oklahoma Bar Journal: Advertising Sales 135,000 135,000 Subscription Sales 17,000 16,000 Other Miscellaneous 100 152,100 500 151,500

LAW RELATED EDUCATION: Grants 51,000 51,000 45,500 45,500

CONTINUING LEGAL EDUCATION: Seminars and Materials 1,053,500 1,053,500 1,120,000 1,120,000

GENERAL COUNSEL: Disciplinary Reinstatements 12,000 12,000 Out of State Attorney Registration 316,500 328,500 286,500 298,500

MANDATORY CONTINUING LEGAL EDUCATION: Filing Penalties 91,500 98,000 Provider fees 72,000 163,500 77,000 175,000

PRACTICE ASSISTANCE Consulting Fees and Material Sales 2,000 2,650 Diversion Program 15,000 17,000 6,500 9,150

COMMITTEES AND SPECIAL PROJECTS: Mock Trial Program Fees 49,000 49,000 Lawyers Helping Lawyers 22,500 26,000 Insurance Committee 50,000 53,000 Women-in -Law Conference 30,000 50,000 Solo-Small Firm Conference 50,000 50,000 2013 Southern Conference of Bar Presidents 35,000 - Young Lawyers Division 3,000 - Law Student Division - 239,500 - 228,000

TRANSFERS FROM RESERVE FUNDS: 2013 Southern Conference of Bar Presidents 30,000 - Lawyers Helping Lawyers Fund 53,000 - Bar Center Renovation Fund 20,000 440,000 Technology Reserve Fund 18,000 121,000 - 440,000

TOTAL REVENUES $ 6,464,550 $ 6,752,275

2152 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 OKLAHOMA BAR ASSOCIATION 2013 PROPOSED BUDGET

EXPENDITURES 2013 PROPOSED BUDGET 2012 BUDGET

ADMINISTRATIVE: Salaries and Benefits $ 916,547 $ 944,551 Annual Meeting 150,000 150,000 Board of Governors and Officers 146,000 146,000 Conferences and Organizational Development 14,000 18,000 Legislative Monitoring 8,500 8,500 General and Administrative: Utilities 104,000 104,000 Insurance 56,000 56,500 Data Processing 66,960 73,560 Building and Equipment Maintenance 75,000 74,000 Postage 40,000 46,000 Copier 46,000 48,000 Supplies 24,000 24,000 Grounds Maintenance 8,500 8,500 Audit 16,500 16,500 Miscellaneous 77,000 66,200 Overhead Allocated to Departments (474,594) $ 1,274,413 (468,602) $ 1,315,709

COMMUNICATIONS Salaries and Benefits 256,011 257,193 Oklahoma Bar Journal: Weekly Issue Printing 285,000 280,500 Special Issue Printing 165,000 163,200 Other 4,000 4,000 Public Information Projects 0 4,000 Newsclip Service 1,700 1,700 Pamphlets 10,000 10,000 Photography 350 350 Supplies 1,000 1,000 Miscellaneous 10,150 10,750 Allocated Overhead 83,391 816,602 85,863 818,556

LAW RELATED EDUCATION: Salaries and Benefits 124,774 120,497 Other Grant Projects 51,000 51,500 Training, Development and Travel 35,000 31,000 Newsletter 11,500 10,500 Miscellaneous 10,700 10,400 Allocated Overhead 49,435 282,409 45,585 269,482

CONTINUING LEGAL EDUCATION: Salaries and Benefits 393,494 413,068 Meeting Rooms and Food Service 150,000 150,000 Seminar Materials 65,000 80,000 Co-sponsorship fees 20,000 25,000 Brochures and Bulk Mail 90,000 90,000 Speakers 100,000 100,000 Audio/Visual 12,000 12,000 Department Travel 8,000 8,000 Supplies 5,000 3,500 Miscellaneous 31,000 31,000 Allocated Overhead 125,513 1,010,007 133,988 1,046,556

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2153 OKLAHOMA BAR ASSOCIATION 2013 PROPOSED BUDGET

EXPENDITURES 2013 PROPOSED BUDGET 2012 BUDGET GENERAL COUNSEL: Salaries and Benefits $ 1,148,826 $ 1,104,840 Investigation and Prosecution 55,500 50,500 PRC Travel and Meetings 15,000 12,000 PRT Travel and Meetings 8,000 7,500 Department Travel 7,250 7,250 Library 7,000 5,000 Supplies 9,500 8,000 Miscellaneous 7,400 7,400 Allocated Overhead 118,184 $ 1,376,660 112,300 $ 1,314,790

MANDATORY CONTINUING LEGAL EDUCATION: Salaries and Benefits 203,983 203,071 Printing & Compliance Reporting 2,500 3,000 Supplies 700 1,000 Commission Travel 850 1,500 Miscellaneous 5,100 5,050 Allocated Overhead 49,036 262,169 45,433 259,054

PRACTICE ASSISTANCE Salaries and Benefits 278,471 269,036 OBA-NET Expense 3,000 6,000 Dues & Subscriptions 2,950 2,600 Library 2,450 2,450 Computer Software 1,850 1,700 Supplies 1,400 1,200 Diversion Programs 3,500 4,100 Travel and Conferences 17,100 16,000 Miscellaneous 3,750 3,750 Allocated Overhead 49,036 363,507 45,433 352,269

COMMITTEES AND SPECIAL PROJECTS: Law Day 50,000 48,000 Women-in -Law Conference 40,000 60,000 Solo-Small Firm Conference 50,000 50,000 Mock Trial Program 50,000 47,000 FastCase Legal Research 86,500 85,000 General Committees 42,000 51,750 Lawyers Helping Lawyers Program 52,000 52,000 Membership Survey - 17,500 Military Task Force 28,000 22,000 Judicial Funding/LRE Program - 10,000 ABA Commission Hearings - 10,000 President's Service Program 10,000 - 2013 Southern Conference of Bar Presidents 50,000 5,000 Law Student Division 2,000 2,000 Young Lawyers Division 88,000 548,500 85,000 545,250

OTHER EXPENDITURES Client Security Fund Contribution 100,000 100,000 Bar Center Renovations 20,000 440,000 Southern Conference of Bar Presidents Fund Contribution 0 15,000 Lawyers Helping Lawyers Foundation 53,000 - Computer Hardware and Software 356,950 529,950 274,600 829,600

TOTAL EXPENDITURES $ 6,464,217 $ 6,751,266

TOTAL REVENUES OVER (UNDER) EXPENDITURES $ 333 $ 1,010

2154 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 BAR NEWS

Statement of Ownership Management and Circulation (Required by 39 U.S.C. 3685)

1. Publication Title: The Oklahoma 12. Tax Status: The purpose, function and Bar Journal nonprofit status of this organization and the 2. Publication number: 277-340 exempt status for federal income tax purposes 3. Filing Date: Oct. 1, 2012 has not changed during preceding 12 months. 4. Issue Frequency: 3 issues monthly in Janu- 13. Publication Title: The Oklahoma Bar ary, February, March, April, May, August, Journal September, October, November & December; 14. Issue Date for Circulation Data Below: bimonthly in June & July September 29, 2012 5. Number of issues published annually: 34 15. Extent and nature of circulation 6. Annual subscription price: $55 A. Total No. Copies (net press run) 7. Complete mailing address of known office (average no. copies each issue during of publication: P.O. Box 53036, Oklahoma City, preceding 12 months): 13,982 (actual no. Oklahoma County, OK 73152-3036; 1901 N. copies of single issue published nearest Lincoln Blvd., Oklahoma City, OK 73105 to filing date): 13,100 8. Complete mailing address of headquarters or general business office of publisher: P.O. Box B. Paid and/or Requested Circulation 53036, Oklahoma City, Oklahoma County, OK 1. Paid/Requested Outside-County 73152-3036; 1901 N. Lincoln Blvd., Oklahoma Mail Subscriptions (average no. City, OK 73105 copies each issue during preceding 9. Full names and complete addresses of 12 months): 12,995 (actual no. copies publisher, editor, and managing editor: of single issue published nearest to Publisher: Oklahoma Bar Association, P.O. filing date): 11,626 Box 53036, Oklahoma City, OK 73152-3036 2. Paid In-County Subscriptions (average Editor: Melissa DeLacerda, 301 S. Duck, Still- no. copies each issue during preced- water, OK 74076 ing 12 months): 0 (actual no. copies Managing Editor: John Morris Williams, of single issue published nearest to Oklahoma Bar Association, P.O. Box 53036, filing date): 0 Oklahoma City, OK 73152-3036 3. Sales Through Dealers and Carriers, 10. Owner (If the publication is owned by a Street Vendors, Counter Sales and corporation, give the name and address of the Other Non-USPS Paid Distribution corporation immediately followed by the (average no. copies each issue during names and addresses of all stockholders preceding 12 months): 0 (actual no. owning or holding 1 percent or more of the copies of single issue published total amount of stock.) nearest to filing date): 0 Oklahoma Bar Association, P.O. Box 53036, 4. Other Classes Mailed Through the Oklahoma City, OK 73152-3036 USPS (average no. copies each issue 11. Known bondholders, mortgages, and during preceding 12 months): 0 other security holders owning or holding 1 (actual no. copies of single issue percent or more of total amount of bonds, published nearest to filing date): 0 mortgages or other securities: None

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2155 C. Total Paid and/or Requested Circula- months): 162 (actual no. copies of single tion (average no. copies each issue issue published nearest to filing date): 162 during preceding 12 months): 12,995 (actual no. copies of single issue F. Total Distribution (average no. copies published nearest to filing date): 11,626 each issue during preceding 12 months): 13,117 (actual no. copies of single issue D. Free or Nominal Rate Distribution by published nearest to filing date): 11,788 Mail 1. Outside-County (average no. copies G. Copies Not Distributed (average no. copies each issue during preceding 12 months): each issue during preceding 12 865 (actual no. copies of single issue pub- months): 162 (actual no. copies of lished nearest to filing date): 1,312 single issue published nearest to filing date): 162 H. Total (average no. copies each issue 2. In-County (average no. copies each during preceding 12 months): 13,982 issue during preceding 12 months): (actual no. copies of single issue 0 (actual no. copies of single issue published nearest to filing date): 13,100 published nearest to filing date): 0 3. Other Classes Mailed Through the I. Percent Paid and/or Requested Circula- USPS (average no. copies each issue tion (average no. copies each issue during preceding 12 months): during preceding 12 months): 98.76 0 (actual no. copies of single issue (actual no. copies of single issue published nearest to filing date): 0 published nearest to filing date): 98.62 4. Free Distribution Outside the Mail I certify that the statements made by me (average no. copies each issue above are correct and complete. during preceding 12 months): 0 (actual no. copies of single issue John Morris Williams published nearest to filing date): 0 Editor-in-Chief E. Total Free Distribution (average no. copies each issue during preceding 12

2156 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 FROM THE PRESIDENT cont’d from page 2060 Judges must be free to exercise judicial inde- The voter can also link to appellate court opinions pendence — the ability to decide a case based on to read a few opinions and determine each judge’s the laws and the Constitution without fear of quality and clarity of opinions, knowledge of the retaliation for making a decision. Fair and impar- law and freedom from bias. tial courts work to check governmental abuses of Undoubtedly, Oklahoma voters will be bom- power, promote equal justice and the rule of law, barded with information related to presidential and protect individual rights. The judiciary must candidates, judges and justices, and ballot also be independent of the executive and legisla- questions. Some interest groups may use merit tive branches of government, special interest retention elections to promote their own agen- groups and political parties. This is what I try to das. Through the use of the website www. explain when someone seeks my opinion about CourtFacts.org, the OBA seeks to provide non- merit retention and the rule of law. partisan, accurate information to the voter. A KNOWLEDGE IS VITAL link to the League of Women Voters website is also provided from the CourtFacts homepage. Knowledge of the Oklahoma court system and merit retention is vital to preservation of Oklaho- ma’s method of selecting and retaining judges. Oklahoma’s merit selection system of appointing www.CourtFacts.org appellate judges — with candidates vetted by the Judicial Nominating Commission which then submits the names of three well qualified judicial I hope you will encourage everyone you know, candidates to the governor for appointment — is and a few people you don’t know, to review the very important to judicial independence. Retired information on www.CourtFacts.org and under- Justice Sandra O’Connor has noted that judicial stand judicial merit retention. An educated elec- independence is hard to create and establish and torate will preserve a judicial system that it easier than most people imagine to damage or understands and will honor the rule of law set destroy. forth by fair and unbiased judges. An educated electorate will support and protect judicial inde- Consistent with the goals set forth in the OBA pendence. It is our duty as individual attorneys mission statement “to improve the public’s under- and as a profession to provide this type of law- standing of the law, of the legal system, and of the related education to the public. lawyer’s role within the system” and “to promote activities and programs which service the pub- Please be a proponent of law-related education lic,” the OBA has created a website named www. from now until Election Day. Please be a voice CourtFacts.org that introduces the justices and in your community. Tell everyone in your com- judges on the retention ballot to the voter and munity, your friends and family about explains judicial merit selection and retention. www.CourtFacts.org. Know the judge and Complete biographies and photographs of the understand judicial merit retention. judiciary on the November ballot are provided.

OBA Member Reinstatement The following members of the OBA suspended for nonpayment of dues or noncompliance with the Rules for Mandatory Continuing Legal Education have complied with the requirements for reinstatement, and notice is hereby given of such reinstatement: Darin Scott Rohrer OBA No. 17495 217 N. Harvey, Suite 409 Oklahoma City, OK 73102

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2157 FROM THE EXECUTIVE DIRECTOR

Technology Plan Moves Ahead By John Morris Williams

Previously I mentioned that and designed exactly for us. the OBA has been undergoing Thus, we will have to allow a technology audit and our for some configurations and Bar Association Technology modifications to be made to Committee has been working the software and an extreme hard with staff looking at amount of testing and ample new technology for our web- staff training time. It is our site, infrastructure and associ- hope to be ready to go “live” ation management software. late next summer. Unless you are a real techie, It is our hope and prayer that might not mean much. It that our launch will enhance is actually a very large under- member service and that OBA taking. The infrastructure members like the new fea- piece is fairly complex given tures. We have planned, will the demands for our system. continue to plan and then Each department has its own plan some more for all contin- unique functions and needs. gencies. However, we are One of the more complex dealing with complex systems tasks that we perform is man- utilizing data brought over datory continuing legal edu- from our old system. I have a lot cation credit monitoring. From the outside it might not NO TURNING BACK of good swimmers seem so complicated, but I remember in swim class believe me, to provide the being told by the instructor around me, but I still online credit viewing and the when I was five years old to processing of thousands of just go up there and jump off fear that leap off into credits from hundreds of the high dive. The decision to providers is no small feat. go was easy and the climb up the deep end. The technology committee was not too difficult. It was has worked with staff in pick- when I started walking down I am up the stairs and starting ing a vendor for the associa- toward the end of the board to walk toward the end of the tion management software. that the reality hit me that I board. Only this time it has The final action of approval was way up in the air, and it taken over two years to get to on this decision was taken by was a long way to the water. this point. I have a lot of good the Board of Governors at its There reached a point of no swimmers around me, but I September meeting. This soft- turning back. It was a scary still fear that leap off into the ware will replace our self- deal. There was that final, deep end. programmed systems that “Oh gee here I go,” the sus- were developed more than pension — and finally the We will do everything pos- 13 years ago. The critical splash into the water. Then, sible to keep member services functionalities of the software there was the rush to the sur- high and to avoid downtime were dictated by our audit face and the fast swim to the on the systems. To do this and hours of staff work and side of the pool. It turned out much work without taking input. No system is perfect all right, obviously. I feel like the system down from time to

2158 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 time is unrealistic. We will try members. It is always busy like we did in the old days — and provide you with a much here. However, between Solo use the phone and call us. notice as possible when we and Small Firm Conference I appreciate all the vol- do scheduled maintenance or and the beginning of fall CLE unteers and staff that have need to be down for the tran- season and Annual Meeting gotten us up the stairs and sition to the new system. I ask registration we have the least headed toward the end of the for your patience. Inevitably, amount of member traffic in board. We will see you at the when you do this much the system. side of the pool! change — somewhere between the leap and the side Our Fastcase connection of the pool — something may will be rerouted to try and go wrong. We will have plen- have this resource remain ty of lifeguards on hand; and constant and available. We hopefully, you will never will still be here and if during even know about it. We have one of our down times you To contact Executive Director scheduled the transition time need something and have dif- Williams, email him at johnw@ to be geared towards the ficulty accessing it, simply do okbar.org.

FREE CLE An Introduction to Practice: The United States Bankruptcy Court, Chapter 7 Hours of CLE: The course offers fifteen (15) hours of continuing legal education credit upon its completion, including two (2) hour of ethics. Thursday, November 1, 2012 and Friday, November 2, 2012 and Wednesday, December 19, 2012 and Thursday, December 20, 2012 An Introduction to Practice: The United States Tax Court Hours of CLE: The course offers six and one half (6 ½) hours of continuing legal education credit upon its completion, including one (1) hour of ethics. Wednesday, November 28, 2012 An Introduction to Practice: The United States Bankruptcy Court, Chapter 13 Hours of CLE: The course offers six and one half (6 ½) hours of continuing legal education credit upon its completion, including one (1) hour of ethics. Monday, December 17, 2012 An Introduction to Practice: The United States Court of Federal Claims and United States District Court, Filing Claims and Suits for Refund of Overpayments Hours of CLE: The course offers six and one half (6 ½) hours of continuing legal education credit upon its completion, including one (1) hour of ethics. Friday, December 21, 2012 Location: The Oklahoma Bar Association 1901 N. Lincoln Blvd. Oklahoma City, OK 73105 Phone: 405-416-7000 CLE Credit: These courses have been approved by the Oklahoma Bar Association Continuing Legal Education Commission for mandatory CLE credit. Tuition: These CLE courses and their accompanying materials are free. Attendees are not required to make a contribution of volunteer time or money. This course is sponsored by the Low Income Taxpayer Clinic at Oklahoma Indian Legal Services, Inc. Cancelation Policy: Cancelations will be accepted at anytime. Enrollment: Call 1.800.658.1497 (toll free) or 405.943.6457 and request course enrollment.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2159 LAW PRACTICE TIPS

Starting a Law Practice Great Resources Abound, but Time Does Not By Jim Calloway

(Author’s Note: This article …with the huge amount of information contains a lot of hyperlinks. Rather than manually typing available within seconds on the Internet, the links into your browser, go to www.okbar.org/s/tipslinks we all still find that time is our most precious to get a PDF file with clickable links.) and finite resource. This “Opening a Law Prac- tice” Issue of the Oklahoma Bar Journal is an important resource for me personally, as it provides a set of resources that I will be able to provide to new lawyers for years into the future. Although I have not yet read the other articles, I’m pleased to have more articles available on this important articles/article_list.htm) which stress that people connections topic written with an Oklaho- is the archive of most of these should come before Internet ma point of view. In the two Law Practice Tips columns. connections. weeks leading up to this publi- But there are a lot of places Since there are a wide variety cation I will have taught the online for advice on setting up of online resources to help fall Opening Your Law Practice and running a law practice. lawyers open a law practice to Oklahoma lawyers twice, in Some are good and some are and manage their practices, the Oklahoma City and in Tulsa. not so good. Brand new lawyers with the intent of this article will be to ink still drying on their licenses Opening a law practice point out some of the most and more experienced lawyers means connecting with people. valuable. I extend my apolo- were enrolled for these pro- The lawyer will have advisors gies in advance to the writers grams, underwritten by Okla- as well as clients. Those open- and publishers of great content homa Attorneys Mutual Insur- ing a practice in a new city are that I will inadvertently omit. well advised to get involved in ance Company. HOW TO BUILD A LAW local bar activities and meet- As always, I made sure that PRACTICE MANAGEMENT ings so they can meet other NEWSFEED they were aware of the OBA local lawyers. Many new law- Management Assistance Pro- yers become involved in the “A lawyer’s time and advice gram webpage www.okbar. OBA Young Lawyers Division. are his stock in trade” is the org/map and, in particular, our Lawyers who are new to a often-repeated quote about law starting a Law Practice Web particular location should not practice from Abraham Lin- Directory at www.okbar.org/ hesitate to go introduce them- coln. Even with all of the com- members/map, along with the selves around the local court- mon labor-saving devices that MAP articles section (www. house before they have a we now have and with the okbar.org/members/map/ pending matter. So I want to huge amount of information

2160 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 available within seconds on the (www.ipad4lawyers.square the Suddenly Solo Lawyer by Internet, we all still find that space.com), I direct you to Jim Calloway and Allison C. time is our most precious and Reeder (www.reederapp.com) Shields at www.tinyurl.com/ finite resource. So if you are for the iPhone and Mr. Reader 8jej8gh. This was originally going to benefit from the for the iPad (www.curious published in 2009 and repub- wealth of information flowing times.de/mrreader). (See lished again this past spring. online, you really have to Glowing ZDnet review here: There are a number of articles invest in 1) figuring out what www.tinyurl.com/bowur5t) there about coping with change information is valuable to you Based on the advice of Droid and economic uncertainty as and 2) setting up a system Lawyer Jeffrey Taylor (www. well as links to other resources. where your desired informa- thedroidlawyer.com), I’d rec- We hope you can take the time tion comes to you effortlessly, ommend the Google Reader to visit the page. Ms. Shields ideally on a mobile device, so app (www.goo.gl/g1UvC) blogs about law practice man- you can make use of unexpect- which is free from Google agement at the Legal Ease Blog ed opportunities to read it. Play or gReader (www.goo. (www.legalease.blogs.com). gl/4yZDk), which is an unoffi- There has been a lot of infor- Of course I have to note cial Google Reader client. Mr. mation written about RSS other resources I publish. My Taylor also reminds us to orga- newsfeeds, but the concept blog Jim Calloway’s Law Prac- nize the specific resources in often seems too technical for tice Tips is online at http:// Google Reader by folders (Feed busy lawyers to embrace. Most jimcalloway.typepad.com and settings > New folder) This are now familiar with the con- OBA MAP has launched a Law will save time locating items cept of “streaming news Practice Tips YouTube Channel as Google Reader will organize services” of different sources at www.tinyurl.com/967fcc8. them by the topic (folder) selected by the user. Two of the You can subscribe to my blog selected. most popular “streaming news and receive the posts either by services” are Twitter and Face- ONLINE MAGAZINES email or RSS feeds. book. These two services look AND E-ZINES The sister print publication very different when you log I’ll discuss podcasts more in to Law Practice Today is Law into a computer, but when a moment, but I have to note Practice Magazine, online at accessed by a smart phone, that Sharon Nelson and I www.americanbar.org/ they look remarkably the same. recently recorded the 60th edi- publications/law_practice_ Anyone who has looked at tion of our podcast, The Digital magazine/2012. Those who are Facebook or Twitter with a Edge: Lawyers and Technology. not ABA members may pay a mobile app can appreciate that Five years of regular podcasting $64 subscription and have the you can scan/read a lot of is quite a stretch. You can find traditional slick-cover maga- items really quickly that way. the archives of the podcast here: zine delivered to your door. So that is the best way to take www.tinyurl.com/8q72ybe. This magazine now has a advantage of the resources I wanted to mention the pod- really nifty phone app, which I noted below that offer RSS cast because it is hosted on the have mentioned here before. feeds, in my opinion. Set up a free webzine Law Practice Today Available at iTunes: www. way to pull them all together and LPT leads my “must tinyurl.com/8es4boc or Google into one “feed” that you can subscribe” list: tinyurl.com/ Play: www.tinyurl.com/ check from your phone or 97cccrm. It has great free con- 98pjscw. At $19.95 per year or other device when you have tent from the ABA Law Practice $4.99 for a single issue, this is the time. Many use the maga- Management Section. You can a real value. zine-style news readers like sign up to subscribe via email, Zite, Flipboard or Pulse News. The ABA General Practice, which actually works a little My current thinking is that the Solo and Small Firm Division better than the RSS feed for maintains a Solo and Small easiest way to do this is use many, since subscribers receive Firm Resource Center at Google Reader (www.google. the entire issue when it is pub- www.americanbar.org/ com/reader) and then couple lished online at mid-month. portals/solo_home. that with a phone app that dis- plays the feeds well on your One of the features previous- Also from the ABA, the Legal mobile device of choice. Based ly published on Law Practice Technology Resource Center on the advice of Tom Mighell Today is 50 Web Resources for (www.tinyurl.com/43qovec)

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2161 brings us the recently re- ple follow her posts and she is you get busy, you do not worry launched blog, Law Techno- known nationwide (make that about what flowed by in your logy Today at www.lawtech worldwide) as an advocate for absence. But if you do not set nologytoday.org. All of the solo and small firm lawyers. up the stream, you will just articles of GPSolo Magazine Carolyn Elefant has put miss most all of this content. are also published online at together her own “Start a Law www.americanbar.org/ But before we move on to Firm Guide.” You can find it publications/gp_solo. But podcasts, I want to note a few at www.myshingle.com/ you can read them a bit sooner other interesting law practice resources/startalawfirm. in the print edition by joining blogs: “3 Geeks and a Law Another resource that she has the GPSolo division if you are Blog” at www.geeklawblog. published is Soloformania an ABA member or by sub- com covers issues about the (www.myshingle.com/ scribing to the magazine for future of law and law librari- resources/soloformania) with $135 per year. ans. One of the three geeks is links to many resources to Greg Lambert, who was with My fellow practice manage- many forms provided mainly www.oscn.net during its early ment advisors working at other by bar associations and courts, days. Robert Ambrogi’s “Law state bars and Canadian law including several checklists for Sites,” www.lawsitesblog.com, Societies are great sources of starting a new law office. is where Mr. Ambrogi has been law practice management I tend to focus on law prac- blogging for about 10 years information. We aggregate all tice management and law now and he covers a lot more of their posts at the OKNEWS office technology blogs. But than just law websites. At BAR feature, the PMA Alert, there are great substantive law “Law21,” located at www. online at www.okbar.org/php/ blogs as well. Each year the law21.ca, Jordan Furlong writes lawPractice.php. These are my ABA Journal singles out 100 law deep thoughts on the future of go-to team when I need advice, blogs (aka blawgs) for its law practice. and they should be your go-to Blawg 100 (www.abajournal. online team. To allow you to PODCASTS com/blawg100). The journal visit each blog and subscribe, also maintains a massive Blawg Most of the above resources I have included the individual Directory at www.abajournal. are text-based. Podcasts, as blog names and addresses in com/blawgs. These are great readers know, are audio files. the PDF file that will be avail- starting points to add new able online so that readers can They are, in effect, Internet blogs to your Google Reader. easily locate them and incorpo- radio shows. You cannot listen rate them into Google Reader. I feel like I have barely to a podcast while waiting in scratched the surface and yet court or the judge’s chambers. I want to single out one of you already have enough But you also shouldn’t be PMA’s blogs because it is rela- resources here for someone to trying to read your newsfeeds tively new. Catherine Sanders spend an alarming number of on your phone while driving Reach started a new PMA pro- billable hours reading advice or jogging. gram at the beginning of the about running your law prac- year with the Chicago Bar There are quite a few law- tice. That is why I began this Association, and her CBA Law related podcasts. But there are feature with the idea that the Practice Management & Tech- a lot of podcasts on all sorts of only realistic way to learn from nology blog is a “must sub- interesting topics. these resources is to subscribe scribe.” Our attendees at the to them in Google Reader (or Many law-related podcasts 2012 OBA Solo and Small Firm your RSS reader tool of choice) are hosted by the Legal Talk Conference enjoyed Catherine’s and then set up a phone app Network at www.legaltalknet presentations and so I wanted for your personalized news work.com. Among my fav- to make special note of her stream. The term “stream” is orite podcasts there are the blog at http://lpmt.chicago really a good analogy. As I Kennedy-Mighell Report fea- bar.org. have told several groups, it is turing Dennis Kennedy and Probably the longest-running good to think of these resourc- Tom Mighell, the Legal Toolkit and best-known blog focused on es as a stream. Sometime when featuring Jared Correia and the solo and small firm practice is you need a drink or have time, Un-Billable Hour featuring My Shingle www.myshingle.com you can kneel down at the Rodney Dowell. I just discov- by Carolyn Elefant. Many peo- stream and take a drink. When ered a podcast called New

2162 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Solo, so I will have to check Pocket Casts. Stitcher Radio you may think you have. Time that one out. has an app for both platforms. is money, as the saying goes. But learning to do things the There are a variety of smart- Many iPhone users just sub- right way can ultimately save phone apps for organizing scribe to podcasts using iTunes both time and money. your podcasts in both the and do not bother with other Android and iOS world. You tools. Mr. Calloway is OBA Manage- can install products like Down- ment Assistance Program director. CONCLUSION cast or Instacast for iOS to Need a quick answer to a tech allow you to easily manage this If you are opening a new law problem or help resolving a man- content on your Apple mobile practice, reading the articles in agement dilemma? Contact him at devices. In the Droid world, this issue of the Oklahoma Bar 405-416-7008, 800-522-8065 or there are mobile apps like Journal and the resources listed [email protected]. It’s a free member DoggCatcher, BeyondPod and above may seem to represent a benefit! greater investment of time than

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2163 ETHICS & PROFESSIONAL RESPONSIBILITY

New Additions Enhance Ethics Web Pages By Travis Pickens

After three years in my These new, concise FAQs have already been office, I have learned there are written and posted. So far, the certain ethics issues and ques- FAQs and advisories FAQs cover the relative roles tions that frequently arise. It and responsibilities of the makes sense to enhance our will make it quicker Office of Ethics Counsel, Gen- website with this needed and easier to get eral Counsel and the Legal information. More important- Ethics Advisory Panel and the ly, the information should be helpful answers to basics of trust accounting. In clear, easy to find and quick addition to refreshing you on to read. For most of you, there many ethics issues. these topics, these FAQs can is often not enough time to be circulated to train your wade through a lengthy article staff — an increasingly vital or set of seminar materials to matter that I emphasize in find the information you need almost every presentation at the time. with the existing ones supple- I make. mented as the law evolves. The Ethics & Professionalism My office looks forward to pages on www.okbar.org are They will also have a suit- providing you this informa- therefore being reformatted able disclaimer making it clear tion. It is a big step toward and reworked to provide more that they are a product of my making compliance with the information in the form of office and are intended as Oklahoma Rules of Professional FAQs or ethics checklist advi- guidance only — not advice. Conduct faster and easier. I sories. These new, concise Furthermore, it is important to welcome your feedback and FAQs and advisories will note they are not intended to suggestions for topics for make it quicker and easier to supplant a careful reading of these new FAQs and advi- get helpful answers to many the Oklahoma Rules of Profes- sories by contacting me at ethics issues. They are being sional Conduct or create any [email protected]. written for some of the most sort of legal presumption in a Mr. Pickens is OBA ethics common ethics questions and disciplinary case. But I prom- counsel. Have an ethics ques- issues, such as document ise they will be useful to you tion? It’s a member benefit, and retention, fee splitting, fee and your practice and will all inquiries are confidential. agreements and withdrawing save you a great deal of time. Contact him at [email protected] from a case. New advisories In addition to the advisories or 405-7055; 800-522-8065. will be added as warranted, coming soon, new ethics

2164 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 BOARD OF GOVERNORS ACTIONS

Meeting Summary

The Oklahoma Bar Association REPORT OF THE meeting. Governor Devoll Board of Governors met at PRESIDENT-ELECT reported he attended the the Oklahoma Bar Center in board meeting in Stillwater Oklahoma City on Friday, President-Elect Stuart report- and worked on Garfield Coun- Aug. 17, 2012. ed he attended the ABA Annu- ty Bar Association matters. al Meeting in Chicago, NCBP/ Governor Hays reported she REPORT OF THE SCBP meetings in Chicago, attended the Payne County PRESIDENT OBA Audit Committee meet- dinner and July board meeting, OBA directors budget ing, Law Day Committee President Christensen meeting and University of reported she attended the meeting, Women in Law Com- Tulsa luncheon in Tulsa. He mittee meeting, OBA Family Payne County dinner and July also served as an Oklahoma Board of Governors meeting, Law Section executive plan- delegate to the ABA House ning meeting, Tulsa County Southern Conference of Bar of Delegates. Presidents conference at the Bar Association QAP sub- ABA meeting in Chicago, ABA REPORT OF THE committee meeting at which House of Delegates as an EXECUTIVE DIRECTOR she presented a report and the Oklahoma delegate, Oklahoma University of Tulsa law school delegates caucus in Chicago, Executive Director Williams luncheon with the incoming University of Tulsa law school reported he attended a meet- 1L class. She also chaired the luncheon with the incoming ing with an architect to discuss TCBA Family Law Section 1L class, dinner meeting with plans for shelving in the Presi- meeting, prepared the OBA the Committee on Judicial dent’s Conference Room, staff Family Law Section monthly Elections, meetings with OBA technology governance meet- budget report and prepared staff for Annual Meeting plan- ing, NABE/ABA meeting in the section’s proposed 2013 ning, OBA Diversity Commit- Chicago, meeting to review budget report. Governor Mey- tee meeting, July OBA YLD potential association software, ers reported he attended the Directors meeting and OBA Member Survey Task Force OBA Audit Committee meet- Audit Committee meeting. meeting, Audit Committee ing by telephone. Governor She participated in many dis- meeting, directors meeting Pappas reported she attended cussions with other state bar and budget meeting, Universi- the July board meeting in Still- presidents regarding issues ty of Tulsa lunch, dinner with water and Thursday evening presented at the ABA House of the Judicial Elections Commit- reception for board members, Delegates meeting in Chicago, tee and Thursday night Board which she helped plan. Gover- met with the Judicial Nomi- of Governors event. nor Parrott reported she nating Commission to discuss BOARD MEMBER REPORTS attended the reception hosted the Annual Meeting plenary by the Payne County Bar session, worked on the judicial Governor DeMoss reported Association, July board meet- retention website targeted to she attended the OBA Diversi- ing and via telephone the provide information to voters, ty Committee meeting and Audit Committee meeting. met with President-Elect Stu- University of Tulsa law school Governor Shields reported art to coordinate transition luncheon with the first-year she attended the ABA Annual and discuss Annual Meeting class. She participated in Liti- Meeting in Chicago, IOLTA/ and budget issues and worked gation Section budget, Annual NCBF meetings in Chicago with Director Krug on fall CLE Meeting and survey planning and Women in Law Commit- presentations. and participated by telephone tee meeting. She also chaired in the OBA Audit Committee the OBA Audit Committee

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2165 meeting. Governor Smith pated in the young adult MEMBERSHIP SURVEY reported he attended the July guide presentations about TASK FORCE board meeting and luncheon, YLD members going back to TU College of Law 1L orienta- the classes to show a video Task Force Chair Brian Her- tion and Muskogee County and to hand out voter registra- manson reported the task force Bar Association meeting. Gov- tion cards to students eligible met to plan conducting a ernor Thomas reported she to vote. The program’s main member survey that has been attended the University of target is high school seniors done every 10 years for the Tulsa 1-L student orientation but offers good information past 30 years. The task force luncheon in Tulsa and Wash- for younger students, too. recommends the ABA be hired ington County Bar Association There will be a small cost to to help develop and to con- monthly meeting. print the cards. She said the duct the survey electronically, Law-related Education Com- which will save money, and to REPORT OF THE YOUNG mittee has offered its support. send the survey to a random LAWYERS DIVISION President Christensen said the sample of the membership. LRE Department has added a The cost would be $3,000 plus Governor Kirkpatrick report- $500 for each additional filter. ed she attended the July OBA link to the national website at American-voter.org to its Face- The electronic survey will YLD Board of Directors meet- allow the respondent to stop ing, ABA YLD Assembly in book page, and social studies teachers have been contacted. and come back to finish the Chicago, Oklahoma delegates survey, plus it will allow law- dinner in Chicago, ABA House COMMITTEE LIAISON yers to complete the survey of Delegates and LRE Com- REPORTS using a mobile device. Offer- mittee meeting. She helped ing an incentive gift like an pass out bar exam survival Governor Hays reported the iPad as the prize in a drawing kits to those taking the July Law Day theme for 2013 has for those completing the sur- bar exam in Oklahoma City been announced – Realizing vey was suggested. He said and worked with Educational the Dream: Equality for All. the low cost might allow the Programs Director Krug and Governor Shields reported the OBA to survey members more YLD CLE Committee Co- Women in Law Committee often. The Montana bar associ- Chairs Bryon Will and Conor will hold a reception Sept. 27 ation has utilized the ABA for Cleary to plan fall and Annual in Oklahoma City honoring a survey of its members, and Meeting YLD CLE. Governor Oklahoma’s two women law Executive Director Williams Kirkpatrick also reported that school deans. Board members said the Montana executive four YLD board members will be invited, and the com- director was satisfied with the attended the ABA YLD meet- mittee is continuing to look for results. The board approved ings in Chicago. She handed sponsors for its conference to conducting the survey. The out the YLD budget report, be held Sept. 28. Vice Presi- board approved hiring the noting that it is not much dif- dent Stockwell reported the ABA and allowing up to five ferent from the previous LHL Foundation is meeting filters to be used. The task month, and also passed monthly. force was encouraged to ask around a 2012-2013 year at a REPORT OF THE sections for suggestions of glance document that showed survey questions. meetings and deadlines. She GENERAL COUNSEL reported the division will Assistant General Counsel LEGAL INTERN reach out to Oklahoma com- Farabow reported the Profes- COMMITTEE REPORT munities to offer the American sional Responsibility Commis- Committee Chair Candace Voter program, a public ser- sion did not meet in July. A vice project of the ABA YLD Blalock reported via telephone written status report of OBA that the committee adopted a designed to educate young disciplinary matters for July people about the generations new interpretation of Rule 2.2 2012 was submitted for the for a Law Graduate Applicant. who struggled to guarantee board’s review. the right to vote and to inspire She said if a licensed legal all Americans to participate in intern misses the application the election process. She said deadline to sit for the first their strategy is to reconnect available bar examination after with the teachers who partici- graduation and has been

2166 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 denied an exception by the Shields reported the commit- SUNSET OF HOUSE Board of Bar Examiners, the tee met with Ms. Vascellaro in COUNSEL SECTION intern may petition for rein- executive session, and the statement by showing good committee recommends the President Christensen shared cause and filing an appropri- audit report be approved. The details of her conversation ate law graduate application board voted to approve and to with House Counsel Section with the OBA executive direc- accept the audit report. Chair Brent Mills, who could tor. The petition will be heard not generate interest from by the Licensed Legal Intern ESTATE PLANNING, members to organize any sec- Supreme Court Reviewing PROBATE AND TRUST tion activity. He recommends Panel, and its decision will be SECTION PROPOSED the section be discontinued final. The board approved the BYLAWS CHANGES and any remaining section interpretation, and the com- funds be distributed for other Section Treasurer Donna worthwhile purposes. The mittee was thanked for its Jackson reported the section work. board approved sunseting the has cleaned up its bylaws and House Counsel Section. AUDIT COMMITTEE has added a Legislative Com- mittee, CLE Committee and a LAW DAY COMMITTEE As Audit Committee Chair, Practice Manual/Web Access LEADERSHIP Governor Shields reported the Committee. She explained the committee met. She intro- purpose of each committee. Committee Chair Tina Izadi duced CPA Stacey Vascellaro Questions were asked. The has requested to step down as with Smith, Carney & Co. who board approved amendments chairperson because of respon- called the board’s attention to to the section bylaws, and the sibilities with her new job, and the internal control letter in section was praised for its President Christensen reported which it was pointed out that action. she has appointed Richard although the OBA requires Vreeland, Norman, as chair receipts for charges made on PROPOSED POLICY and Jennifer Prilliman, Okla- company-issued credit cards, AMENDMENT EXEMPTING homa City, as vice chair. CLIENTS’ SECURITY FUND several receipts were not NEXT MEETING turned in for documentation. President Christensen The letter states that even reported an amendment to the The Board of Governors met though the nature of the policy requiring committees to at the Boiling Springs Institute charges was not an obvious submit meeting minutes to the at Boiling Springs State Park abuse or fraudulent charge, it executive director and the in Woodward on Tuesday, opens the association up for president was needed to Sept. 18, 2012. A summary misuse and fraudulent charges exempt the Clients’ Security of those actions will be pub- in the future. She reviewed Fund because its deliberations lished after the minutes are information in the opinion let- are confidential. The board approved. The next meeting of ter and reviewed differences approved a policy exemption the board will be held Oct. 26, between 2010 and 2011. No for the CSF. 2012, at the Kerr Conference issues were reported in the Center in Poteau. management letter. Governor

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2167 BAR FOUNDATION NEWS

2012 OBF Grant Award Announcement By Shon T. Erwin

It is my privilege to an- because more Oklahomans Family & Children’s Services nounce the 2012 Oklahoma will be seeking help. The Inc., Tulsa County Family Bar Foundation grant awards need is great, but greater is Court Program totaled $356,000; however, the the capacity for Oklahoma Funding for Family Court case grants are down this year as a lawyers to give their time and coordinator in Tulsa County. direct result of the continued money to help the most vul- $ 4,000 instability of the economy — nerable among us. Please particularly the ongoing low- share in the celebration of the Family Shelter of Southern interest-rate environment. 2012 OBF grant awards and Oklahoma Banks have dramatically the knowledge that more reduced the rates they pay must be done by the legal Funding to maintain part-time court advocate for victims of on Interest on Lawyers Trust community in the future. violence in Love County. Accounts (IOLTA). In some $ 2,200 instances, these rates have 2012 OKLAHOMA been reduced from last year’s BAR FOUNDATION Legal Aid Services of by nearly 50 percent; and GRANT AWARDS Oklahoma Inc. grant amounts are down by more than 30 percent for Center for Children & Families Statewide support funding to provide free, critical, civil legal much-needed law-related Support funding for the Divorce service for low-income and elderly services in Oklahoma. Visitation Arbitration Program, Oklahomans. providing parent education; court OBF funding has steadily $160,000 letters; court-ordered, supervised declined since 2009 along visitation and exchange services with the economy, and Marie Detty Youth & Family for children in Cleveland County nationally, IOLTA income has Services Center with moderate expansion for declined Oklahoma County children. Funding for a part-time domestic by 88 percent. This dire short- $ 10,000 violence/sexual assault victims’ term interest situation is not Court Advocate in Comanche likely to improve for at least Community Crisis Center Inc. County. three or four years. The $ 12,000 decline in IOLTA income Funding to maintain part-time means that many low-income court advocate for victims of OBA-YLD High School Mock Oklahoma citizens will be violence in Ottawa County. Trial Program $ 4,000 denied access to legal servic- Overall presentation of the state- es, and thus denied equal Domestic Violence Intervention wide Oklahoma High School Mock access to justice. Services Inc. Trial Program. $ 45,000 What does the dramatic Civil legal services attorney staff decline in IOLTA income funding for victims of violence in mean for you? Oklahoma Tulsa and Creek Counties. lawyers will be expected to $ 11,000 take on more pro bono roles,

2168 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 Oklahoma CASA Association Senior Law Resource Center Catholic Charities, Immigration Inc. Inc. Assistance Program Centralized statewide CASA Law-student intern project for Program to provide civil legal ser- Training Conference to provide elderly citizens; providing free vices to low-income non-citizen annual mandatory training for legal services and educational residents of Oklahoma while directors, staff and CASA volun- outreach programs to promote providing law students with teers to continue as CASA workers. informed, thoughtful, diminished educational and professional $ 1,500 capacity, incapacity planning; and development opportunities for the prevention of elder finan- serving the western two-thirds Oklahoma Indian Legal cial exploitation in Oklahoma and of Okahoma. Services Inc. surrounding counties; includes $ 4,000 Funding for statewide low-income website and e-news outreach. William W. Barnes Children’s taxpayer legal service clinics $ 10,000 Advocacy Center, Child Abuse for low-income Oklahomans, Teen Court Inc. of Comanche Prevention matching funds. County $ 15,000 Specialized abuse prevention Funding for program maintenance training to recognize, respond and Oklahoma Lawyers for for presentation of Teen Court report child abuse for educational, Children Inc. serving first time juvenile offend- law enforcement and child welfare Funding for staff cordination of ers and their peers in Comanche personnel in an ongoing effort to attorney bono legal services for County. reduce trauma to child abuse vic- deprived children in Juvenile $ 10,000 tims in Rogers, Mayes and Craig Court and representation at counties. TU Boesche Legal Clinic, emergency show cause hearings $ 3,500 Immigrants Rights Project in Oklahoma County. YMCA of Oklahoma Youth & Clinical legal education program $ 36,000 Government Program to provide civil legal services to Tulsa Lawyers For Children vulnerable non-citizen residents of Full funding for presentation of Inc. Oklahoma while providing law the Statewide Youth Model Legis- Funding for staff cordination of students with educational and lative Day for seventh- and attorney bono legal services for professional development opportu- eighth-grade students. deprived children in Juvenile nities; includes represenation in $ 1,800 Court and representation at Immigration Court. $ 4,000 Total 2012 OBF Grant Awards: emergency show cause hearings $ 356,000 in Tulsa County. $ 22,000 Judge Erwin is Oklahoma Bar Foundation president and can be reached at Judge_Shon_T_ [email protected].

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2169 ACCESS TO JUSTICE Exploring the Justice Gap By Sarah C. Stewart

Poverty rates in Oklahoma The resulting inefficiencies and have soared over the last few delays increase court costs for years. Oklahoma now ranks everyone.6 above the national average for Other states face the same poverty with 16.9 percent of dilemma; and many have the population living below 1 implemented creative and the national poverty line. That innovative techniques to tackle means over 615,000 Oklaho- the problem. Solutions used in mans earn less than $23,050 other states include increasing annually to support their four- 2 pro bono services to low- person families. Understand- income individuals; establish- ably, many of these individuals ing clinics for law students run cannot afford private legal ser- by practicing attorneys; allow- vices, so they inundate Legal ing private attorneys to pro- Aid Services of Oklahoma with vide limited representation, calls and requests for legal ser- such as representing the client vices and advice. Nonprofit in only one portion of the case legal service providers, such as …many of or helping the client prepare the Senior Law Resource Cen- legal documents; increasing aid ter and Trinity Legal Clinic of these individuals to pro se litigants through pub- Oklahoma, offer alternatives to lic forms offered through non- low-income Oklahomans, but cannot afford private profit and court websites; and the demand simply outweighs providing public education, the supply. Government bud- legal services… such as instructional videos for get cuts to legal services and pro se dockets and/or pro se decreases in funding from clinics. foundations and individuals To meet the growing needs of limit service providers’ avail- available for every 6,415 able resources to meet the low-income individuals and low-income people nationally, bridge the justice gap, Oklaho- needs of low-income serving all low-income people Oklahomans even more. ma attorneys must continue to who require legal services explore these options. For every client served by proves difficult.5 Legal Aid, at least one person Ms. Stewart is an OBA Access Due to the limited legal to Justice Committee will be turned down due to resources available to low- limited resources.3 This number member and executive director income individuals, many are of the Senior Law Resource does not include individuals forced to represent themselves who receive services below the Center, a nonprofit organization as pro se litigants in court. The in Oklahoma City. level they need, are faced with influx of pro se litigants strains additional legal problems for the court system; as they have 1. U.S. Census Bureau, 2009 and 2010 which they did not receive problems navigating the legal American Community Surveys. services, who sought unsuc- 2. U.S. Department of Health and Human system. They require extra Services Poverty Guidelines 2012. cessfully to reach Legal Aid, attention from court staff and 3. Legal Services Corporation, Document- or who did not contact Legal ing the Justice Gap, September 2009, p.9. 4 judges, and often do not ade- 4. Id.at pp. 9-10. Aid at all. With only one quately represent themselves. 5. Id. at p. 27. Legal Services Corp. attorney 6. Id.at pp. 24-25.

2170 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 YOUNG LAWYERS DIVISION Success in Solo and Small Firm Settings By Jennifer Heald Kirkpatrick

Many who enter law school he decided to open his own ates in law firms. For example, have “Big Law” dreams: to practice in Oklahoma City. LeAnne McGill and Faye Rod- graduate and land jobs at big Bryon now has a busy and gers, both 2006 graduates of law firms in major metropoli- thriving practice in estate the Oklahoma City University tan areas. However, statistics planning, probate, real estate School of Law, started their show that a majority of law and bankruptcy. own firm together in Edmond school graduates will be forced in 2009. When asked to com- Bryon said, “Being a young to take different paths. For ment on opening her own firm, lawyer and a solo-practitioner example, statistics gathered LeAnne said, “Having the does have its challenges. I by the American Bar Associa- courage to go out on your own didn’t have the opportunity tion show that only 55 percent and open a firm is intimidat- to make a name for myself by of the class of 2011 were ing. Law school does not pre- learning from senior attorneys employed full time as lawyers pare you for the realities of at law firms after graduating nine months after graduation. practicing law, let alone for law school. I had to both earn Because the number of “Big running your own firm. And a reputation and learn how to Law” jobs has decreased in working for someone for a few practice law at the same time. recent years, schools outside years is very different from However, after hanging my major metropolitan areas are running your own firm. In the shingle right out of law school urging students to consider a beginning, there is a new chal- and after four years of practice, Main Street solo law practice.1 lenge to overcome every day or I believe I have been able to a new problem to solve; and a Regardless of whether you overcome most obstacles that lot of times, it has nothing to had dreams of becoming a big most young lawyers have to do with a case.” firm lawyer or always knew face when beginning to prac- you’d hang your shingle in tice anywhere. I have tried to Despite such challenges, the small town Oklahoma, opening surround myself with multiple two-person family law firm of your own firm can be daunt- attorneys, young and veteran, McGill & Rodgers is flourish- ing. However, sometimes to be able to learn those same ing. According to LeAnne, knowing that others have skills that any new lawyer “After a while, you start to get forged a trail before you and working in a firm would learn the hang of it, and everything achieved success is comforting as well. I would be lying if I begins to fit together. That feel- and inspiring. I am fortunate were to say it is not over- ing of accomplishment makes to know three such young whelming, because it is. But all the hard work and long lawyers: Bryon J. Will, LeAnne by working hard for my clients hours worthwhile.” McGill and Faye Rodgers. and networking with the right Her law partner Faye Rodg- people, I have not only been Bryon J. Will, a 2008 graduate ers agreed. “Opening a law able to make a living, but I of the Oklahoma City Universi- firm with my best friend was have been able to build a law ty School of Law, was one of the scariest, yet best decision of practice at the same time.” many in his graduating class my life,” she said. When asked who did not have a job waiting Other law school graduates specifically what advice she for him. Rather than waiting decide to open their own prac- would give to young lawyers for a spot to open up at a firm, tices after working as associ- considering a solo or small

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2171 practice, Faye said there were At the end of the day, that’s • SoloSez — ABA email list- three key ingredients that she what we should each strive to serv for solos and small and LeAnne relied on heavily be, regardless of whether we firm lawyers features in the beginning: have our own practices or approximately 3,000 solo work in firm settings — and small firm e-mail • Determination attorneys who make our subscribers discussing • Realistic mentors families, friends, clients and everything from tech tips bar associations proud. and legal opinions to • Jay Foonberg’s book, what to wear to court. ADDITIONAL RESOURCES: How to Start and Build www.americanbar.org/ a Law Practice. • OBA Management groups/gpsolo/resources/ Despite the differences driv- Assistance Program solosez.html ing these three young lawyers Jim Calloway, Director [email protected] 1. J. Maureen Henderson, “Why Attending to open their own practices, Law School Is the Worst Career Decision You’ll there are commonalities in Ever Make,” ForbesWoman, June 26, 2012. • American Bar Association’s their success: hard work, will- Solo and Small Firm ingness to learn and finding Ms. Kirkpatrick practices in Resource Center mentoring attorneys. Faye also Oklahoma City and chairs the http://ambar.org/ stated that a guiding principle YLD. She can be reached at soloandsmallfirms was the desire to be an attor- [email protected]. ney of which her family and friends would be proud.

2172 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 CALENDAR OF EVENTS October

9 OBA Communications Committee meeting; 19 Oklahoma Association of Black Lawyers 12 p.m.; Oklahoma Bar Center, Oklahoma City and meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma Tulsa County Bar Center, Tulsa; Contact Dick Pryor City; Contact Donna Watson 405-721-7776 405-740-2944 OBA Alternative Dispute Resolution Section OBA Legal Intern Committee Meeting; 3 p.m.; 22 meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma Oklahoma Bar Center, Oklahoma City with tele- City and Tulsa County Bar Center, Tulsa; Contact conference; Contact: Candace Blalock 405-238-0143 Michael O’Neil 405-232-2020 OBA Member Services Committee Meeting; 10 OBA Licensed Legal Intern Swearing In 12 p.m.; Oklahoma Bar Center, Oklahoma City with 23 ceremony; 9:30 a.m.; Judicial Center, Oklahoma City; teleconference; Contact: Roe Simmons 405-359-3600 Contact Wanda Reece-Murray 405-416-7042 OBA Survey Task Force; 3 p.m.; Oklahoma Bar OBA Law Day Committee meeting; 12 p.m.; Center, Oklahoma City with teleconference; Contact Oklahoma Bar Center, Oklahoma City and Tulsa County Brian Hermanson 580-762-0020 Bar Center, Tulsa; Contact Richard Vreeland 405-360-6631 12 OBA Law-related Education Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact: Suzanne Heggy 405-556-9612 OBA Family Law Section; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa, Tulsa; Contact: Tamera Childers 918-581-8200 16 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact David Swank 405-325-5254 OBA Civil Procedure and Evidence Code Committee meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact James 24 Legal Aid Services of Oklahoma seminar; Milton 918-594-0523 8:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Cindy Goble 405-488-6823 17 OBA Clients Security Fund Committee meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma city and Tulsa 26 OBA Board of Governors meeting; 9:30 a.m.; County Bar Center, Tulsa; Contact Michael Salem Kerr Conference Center, Poteau; Contact John Morris 405-366-1234 Williams 405-416-7000 OBA Women in Law Committee meeting; OBA Young Lawyers Division meeting; 10 a.m.; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and 27 Oklahoma Bar Center, Oklahoma City; Contact OSU Tulsa, Tulsa; Contact Deirdre Dexter 918-584-1600 Jennifer Kirkpatrick 405-553-2854 18 OBA Diversity Conference and Awards Luncheon; 9 a.m.; Skirvin Hotel, Oklahoma City; November Contact Kara I. Smith 405-923-8611 OBA Work/Life Balance Committee meeting; 1 OBA Lawyers Helping Lawyers discussion 12 p.m.; Oklahoma Bar Center, Oklahoma City and group meeting; 7 p.m.; Office of Tom Cummings, Tulsa County Bar Center, Tulsa; Contact Cheri Gray 701 NW 13th St., Oklahoma City; RSVP to Kim Reber 405-229-5396 [email protected] OBA Justice Commission meeting; 2 p.m.; OBA Lawyers Helping Lawyers discussion group Oklahoma Bar Center, Oklahoma City; Contact meeting; 7 p.m.; The Street Law Firm, 400 S. Boston Drew Edmondson 405-235-5563 Ave, Ste. 1100 W., Tulsa; RSVP to Kim Reber kimreber@ cabainc.com

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2173 FOR YOUR INFORMATION

Fundraisers Honor Late Judge The Pittsburgh County Bar Association and the Tulsa Chapter of Lawyers Against Hunger are teaming up this fall to honor the late Pittsburg County Special District Judge Donnita Weinkauf Wynn, who died July 31. The organizations are accepting donations in her memory that will provide Thanksgiv- ing dinner for needy Oklahomans. Tax-deductible donations may be sent to Lawyers Against Hunger, attn: Hugh Robert, 15 West Sixth St., Suite 2112, Tulsa, 74119. Checks should be noted “Wynn Memorial Food Distribution.” In addition to this effort, 20 percent of the proceeds from this year’s PAWS 5k-9 Walk will be donated to the McAlester Branch of the Community Food Bank of East- Donnita ern Oklahoma. The walk is set for 9 a.m. Nov. 3 at Robbers Cave State Park in Weinkauf Wynn Wilburton. The annual event benefits the area’s local humane society, and pets are welcome to participate. Registration information is available www.okbar.org/s/paws2012. Contact Kathy LaFortune at 918-770-3962 for any additional information.

Lawyer Volunteers Answer The Call As another group of Oklahoma National Guard soldiers prepares to head to Afghanistan this month, several volunteers representing Oklahoma Lawyers for America’s Heroes were on hand to assist them at a Yellow Ribbon pre-deployment event held Sept. 8 in Norman. The Norman event was the first of six Yellow Ribbons planned for this fall. OBA Immediate Past President Deborah Reheard said, “Just as no one is left behind on the battlefield, no one — including these heroes — should be left behind in the justice system. The same rights and liberties that we as lawyers fight in the courtrooms and the board- rooms to protect were earned by the blood, sweat, tears — and too often the lives — of everyone who ever fought for this country. Those sacrifices should not be in vain.” Lawyer volunteers staffing the Yellow Ribbon event were (from left) Through the Heroes program, Stanley Evans, Oklahoma City; Douglas Merritt, Okemah; Peggy Stock- the OBA Military Assistance well, Norman; Patricia Rogers, Oklahoma City; Richard Stevens, Nor- Committee offers the troops man; and OBA Immediate Past President Deborah Reheard, Eufaula. support before, during and after their deployment. Volunteers are still needed. The greatest demand is for family law attorneys; domestic cases account for 43 percent of issues servicemembers and veterans need help with. Estate planning and probate, employment related issues, consumer and credit issues and disability and benefits issues are among some of the other needs lawyers can meet for those who serve our country. Since the program started in September 2010, nearly 500 volunteer lawyers have helped 1,373 heroes. This commitment adds up to $1,940,000 in free legal services. Now, many volunteers are taking more than one case at time. For more information or to sign up to volunteer, visit www.okbar.org/heroes or call 405-416-7000; 800-522-8065.

2174 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 BENCH & BAR BRIEFS

the U.S. District Court for the attorney and trial lawyer with Northern District of Oklaho- McAfee & Taft, has been ma since 1987. His practice named co-editor of the Okla- focuses on personal injury homa Employment Law Letter. law, including media mal- The publication is a monthly udge Michael DeBerry has practice. He graduated from review of new court deci- Jbeen appointed by the gov- OU College of Law and sions, regulations and laws ernor as district court judge has practice law in Tulsa affecting Oklahoma employ- for the 17th Judicial District, since 1980. ers published by Business & Legal Resources. comprised of McCurtain, he OBA Family Law Sec- Choctaw and Pushmataha Ttion held its annual Fall counties. He is replacing Retreat Sept. 14-15 in Enid. Judge Willard Driesel, who During the retreat, members died last year. Prior to the of the FLS made plans for its appointment, Judge DeBerry upcoming CLE agenda, served as associate district Annual Meeting and monthly judge in McCurtain County. business meetings. In addi- He has served in various tion, the section’s slate of offi- other roles, including assis- cers for 2013 was discussed, rowe & Dunlevy tant district attorney and as well as progress and plan- Cannounces Elizabeth municipal judge for the city ning for upcoming section Scott has joined the firm as of Idabel. He earned a bache- events. Attending were Kim- a director in the healthcare, lor’s degree in agricultural berly Hays, Tamera Childers, administrative and regulatory economics from OSU and is Jon Ford, Noel Tucker, Amy litigation and trial practice a 1969 graduate of the OU Wilson, Donelle Ratheal, groups in the Oklahoma City College of Law. Keith Jones, David Tracy, office. She previously served udge Bernard M. Jones of Shane Henry, Ron Little, as an assistant attorney gen- JEdmond was sworn in Oct. James Bullard and Professor eral in the Oklahoma Office 1 to fill a vacant seat on the Robert Spector. For more of Attorney General, and bench in Oklahoma County information about joining the since 1999 she has served as District Court. He was Family Law Section, please prosecutor for the Oklahoma appointed by Gov. Fallin to contact Membership Chair State Board of Medical Licen- replace former judge Tammy Bradley K. Cunningham at sure and Supervision. She Bass-LeSure, who resigned. 918-592-4443. For more infor- received her law degree from Judge Jones previously served mation about becoming active OU College of Law in 1987. as associate dean for admis- on the FLS board, please She has a bachelor’s degree in sions and external affairs at contact Chair Tamera accounting and economics OCU School of Law. Prior to Childers at 918-581-8200. from OSU. that, he was an associate at odi B. Levine, U.S. admin- he Edge Law Firm of McAfee & Taft where he Jistrative law judge for the TTulsa and the Hunsucker focused on labor and employ- Social Security Administra- Legal Group of Oklahoma ment issues. He is a 2004 tion Office of Hearings and City announces DeAnn Tay- graduate of the University Appeals in Oklahoma City, lor is of counsel to the firms. of Notre Dame Law School. has been elected to the ABA She was former deputy esolution Center for Board of Governors as the chief legal counsel of the RMediation and Arbitra- judicial member-at-large. She Department of Public Safety. tion LLC of Tulsa announces is the first Oklahoman to hold She will be providing exclu- Richard D. Marrs has joined this position. sive counsel in all license its panel of mediators and matters and appeal matters harolyn Whiting-Ralston, for clients. arbitrators. He has been an a labor and employment adjunct settlement judge for S

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2175 incent J. Faggioli an- McGovern received his mas- cAfee & Taft also Vnounces his retirement ter of laws in taxation from Mannounces Patrick L. effective October 2012. He Georgetown University Law Stein has joined the litigation served in the U.S. Army as an Center. He has received CALI group. He is a former law infantry officer and a JAG awards for tax penalties and clerk for the U.S. District officer for more than 29 years, tax crimes, taxation of busi- Court for the Western District retiring in 2001. After that, he ness entities, criminal proce- of Oklahoma. His state and served in Honolulu as a U.S. dure and criminal law. John federal litigation practice is Army civilian attorney with Portman graduated from the focused on general civil liti- the U.S. Army Corps of Engi- University of Notre Dame gation, including complex neers Pacific Ocean Division Law School. He concentrates commercial litigation. He until 2007. Since 2007 he has his practice in estate planning graduated with highest hon- been with the U.S. Army and real estate. Mr. Anderson, ors from OU College of Law Materiel Command as com- Mr. McGovern and Mr. Port- in 2011. He received his bach- mand counsel in Huntsville, man will practice in the busi- elor’s degree in agricultural Ala. He received his J.D. in ness department, while Ms. sciences and natural resources 1978 from the University of Bramlett, Mr. Burstein, Mr. from OSU in 2008. Utah College of Law. He later Hendricks and Ms. Masters earned two LL.M. degrees focus on litigation. he law firm of Steidley & from George Washington TNeal PLLC announces University. His areas of focus cAfee & Taft announces Rachel D. Parrilli joined the have been U.S. government Mthe addition of four new firm as a partner. Her practice procurement law and interna- associates. Matt Brown grad- is concentrated in the areas of tional law. uated with highest honors insurance defense, bad faith from OU College of Law. His and products liability. She has rowe & Dunlevy practice focuses on transac- also represented clients in Cannounces the addition of tional law. Barbara Klepper both state and federal courts seven new associates in the earned her J.D. from OCU in a wide range of matters Oklahoma City office. Zane School of Law where she including asbestos, civil Anderson graduated from graduated summa cum laude. rights, medical malpractice, OCU School of Law, where he Her practice encompasses a complex commercial litiga- served as a staff member of broad range of commercial tion, products liability and the law review. Jessica Bram- and business matters. Isai insurance defense. In addition lett graduated from the Uni- Molina graduated from OCU to Oklahoma federal courts, versity of Texas School of School of Law, where he was she is admitted to practice Law where she served as a member of the Hispanic Southern District of New teaching quizmaster and law American Law Student Asso- York. She earned her bache- firm liaison for the Women’s ciation. He is practicing in the lor’s degree in government Law Caucus. Daniel R. Bur- area of transactional law. Lau- magna cum laude from Oral stein earned his J.D. from the ren K. Ottaway, who is also Roberts University in 1997 University of Chicago Law admitted to practice in the and graduated from TUCol- School. Prior to joining Crowe Commonwealth of Massachu- lege of Law in 2000. & Dunlevy, he served as an setts, graduated cum laude assistant attorney general at from Boston University he Oklahoma Corporation the Iowa Department of Jus- School of Law in 2011 and TCommission has elected tice. Anthony Hendricks earned both her master of Patrice Douglas as its chair received his J.D. from Har- laws degree in taxation and a by unanimous vote. The for- vard Law School. He also certificate in estate planning mer Edmond mayor was earned two master’s degrees from Georgetown University appointed to the commission from the London School of Law Center in 2012. Her prac- by the governor in 2011. She Economics. Paige Masters tice focuses on representing will begin serving her elected received her B.S. in journal- all aspects of wealth planning term in January, as she is ism and broadcasting from and taxation. A portion of her unopposed in the November OSU and graduated from practice is devoted to advis- election. OCU School of Law. At OCU, ing nonprofit organizations. hesapeake Energy Corpo- she served as editor-in-chief ration announced the of the law review. Michael S. C

2176 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 appointment of James R. 918-583-7129 or sbalman@ gation, with an emphasis in Webb of Oklahoma City as tulsalawyer.com, bross@ the areas of medical malprac- senior vice president — legal tulsalawyer.com, amontessi@ tice defense and insurance and general counsel. He joins tulsalawyer.com, asisemore@ defense. She graduated with the company on a full-time tulsalawyer.com, respectively. honors from TU College of basis after serving the past Law in 2012. She graduated four months on a contract ableGotwals announces magna cum laude with a B.A. basis as chief legal counsel. GKatherine Koljack joins in communication from For the past 17 years, he prac- the Tulsa office as an associ- Drury University in 2009. ticed law at McAfee & Taft, ate. She advises clients on Jason McVicker practices in and served as a partner for various litigation issues such the areas of appellate advoca- the past 12 years. He graduat- as general commercial litiga- cy and civil litigation. He ed with a B.A. from Austin tion, bankruptcy and employ- graduated with highest hon- College in Sherman, Texas, ment law. She received her ors from TU College of Law and received his J.D. from undergraduate degree in in 2012. He earned a B.A. Washington University in business administration with in English cum laude from TU St. Louis, Mo. distinction in economics and in 2008. a minor in political science everal new attorneys have from OU. She attended OU hillips Murrah PC in Sjoined the Tulsa law firm College of Law, where she POklahoma City announces of Franden, Woodard, Farris, earned her J.D. with honors. two new lawyers have joined Quillin & Goodnight PLLP. the firm. Cody J. Cooper is Steven K. Balman joins the arbara M. Moschovidis a civil litigator. He recently firm as of counsel. He focuses Bjoins the GableGotwals’ graduated from OU College his practice on business litiga- Tulsa office as an associate. of Law. Jeff Riles is a transaction and civil appeals. He was She advises clients on a vari- tional lawyer whose primary an adjunct professor at TU ety of litigation matters. She focus is the alternative energy College of Law for 20 years received her B.S. in interna- industry. He is also a recent and is a graduate of Harvard tional business and language graduate of OU College College and the University of from TU and is a 2012 gradu- of Law. Texas School of Law. Briana J. ate of OU College of Law. In Ross joins the firm as an asso- 2011, she was the OBA’s Out- ove, Beal & Nixon PC ciate, and her practice will standing Third Year Law Stu- Lannounces Nancy Potter focus real property litigation, dent for OU College of Law. has joined the firm. Her prac- title examination, real estate tice focuses on civil litigation, ulsa law firm Barber & with emphasis in medical transactions, family law and Bartz announces the addi- probates. She is a licensed T malpractice defense, products tion of two new associate liability and appellate law. resident title producer and attorneys to the firm. Kara serves on the OBF Board of She received her M.A. from Pratt practices primarily UCO in 2001 and her J.D. Trustees. She graduated from in the area of matrimonial OSU in 1997 and received her from OCU School of Law and domestic relations. She in 2006. J.D. from TU College of Law received her law degree from in 2005. Adam Montessi joins Regent University School of klahoma City law firm the firm as an associate. He Law in 2011. Ryan Fulda OPignato, Cooper, Kolher earned his B.A. from Florida focuses on commercial litiga- & Roberson PC announces State University in 2005 and tion, with an emphasis on Erin J. Rooney, Bryan Chance his J.D. from the University of real estate, construction and Holland and Mitchell D. Arkansas School of Law in insurance disputes. He gradu- McCuistian have joined the 2012. Alexander Sisemore ated from OU College of Law firm as associates. Each is a also joins the firm as an asso- in 2006. 2012 graduate of the OU Col- ciate. He earned his B.A. and lege of Law. They will focus M.A. from OSU in 2006 and ulsa law firm of Atkinson, their practice in the areas of 2008, respectively, and his J.D. THaskins, Nellis, Britting- insurance bad faith, coverage from OU College of Law in ham, Gladd & Carwile an- disputes, trucking law, pro- 2012. The new members of nounces two new members to fessional liability and general the firm may be contacted at the firm. Rachel Hubner will insurance defense. focus her practice on civil liti-

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2177 . Scott Savage, Jeffrey C. where she will focus in the state consumer credit law R. Baum, Jason L. Glass areas of estate planning, compliance. The conference is and Elizabeth A. Hart an- bankruptcy and criminal law. an annual forum targeted nounce the formation of new A native of Plano, Texas, she toward automobile dealer- law firm Savage Baum Glass graduated with honors from ships and finance companies. & Hart PLLC. Mr. Savage the OU College of Law in Compiled by Amanda Dale brings 34 years of civil and 2012. She earned a B.A. in commercial litigation experi- journalism with an emphasis How to place an announce- ence, as well as significant in public relations from OU ment: The Oklahoma Bar Journal transactional expertise. Mr. in 2009. welcomes short articles or Baum adds 17 years of legal news items about OBA mem- expertise in the areas of civil bers and upcoming meetings. If litigation, complex commer- you are an OBA member and cial litigation and commercial you’ve moved, become a part- transactions. Mr. Glass has ner, hired an associate, taken been practicing law for 15 on a partner, received a promo- years with a focus on com- tion or an award, or given a plex business litigation as talk or speech with statewide or national stature, we’d like to well as extra contractual lia- BA Family Law Section hear from you. Sections, com- bility litigation and insurance mittees, and county bar associ- coverage litigation. Ms. Hart OChairperson Tamera A. Childers of Tulsa was the fea- ations are encouraged to sub- rounds out the team of attor- mit short stories about upcom- neys with 13 years of litiga- tured speaker at the Septem- ber meeting of the TU College ing or recent activities. Honors tion experience as a health bestowed by other publications care attorney, as well as of Law Family Law Society. The presentation provided (e.g., Super Lawyers, Best Law- expertise in civil and domes- yers, etc.) will not be accepted information about the OBA tic relations litigation. The as announcements (Oklahoma- firm’s offices are located Family Law Section as well based publications are the on the 23rd floor of the as information about the exception.) Information select- Mid-Continent Tower, 401 practice of family law. ed for publication is printed at South Boston Ave., Tulsa; ric L. Johnson of Oklaho- no cost, subject to editing, and 918-938-7944. The attorneys Ema City was a featured printed as space permits. can also be reached via email presenter at the 2012 Innovate Submit news items via email to: at: [email protected]; AutoStar Users Conference Lori Rasmussen [email protected]; jglass@ held recently in Ft. Worth, Communications Dept. sbghlaw.com; and ehart@ Texas. His presentation, titled Oklahoma Bar Aassociation sbghlaw.com. “Caught in a Compliance (405) 416-7017 [email protected] cBride & Associates PC Riptide and Dragged out to Mannounces Jordyn L. Sea,” focused on the latest Articles for the Nov. 3 issue Eckert has joined the firm, developments in federal and must be received by Oct. 8.

IN MEMORIAM

eter Lewis Boatright of College of Law. He was an services. He served on the POklahoma City died Sept. accomplished attorney and Coppermark Bank Board of 5. He was born Aug. 20, 1931, certified public accountant. Directors and as chairman of in Temple, Texas. He served Throughout his career he the Audit and Loan Commit- in the U.S. Navy from 1951- worked for J. Norman Foster, tee. He enjoyed serving his 1954 during the Korean Con- Goldman Enterprises and Shi- community through Mobile flict. He received his under- loh Oil Corp., where he pro- Meals, Whiz Kids and the graduate degree from OU in vided private tax consulting Oklahoma Foundation for the 1957 and his J.D. from OU and financial management Disabled. Memorial donations

2178 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 may be made the Oklahoma erbert Folsom (Jack) donations may be made to United Methodist Foundation, HHewett died Sept. 7. He Salvation Army of Muskogee. of which he was a board was born April 29, 1926, in member. Durant. He joined the U.S. uy Robert Nichols Sr. of Navy in 1944 and served GSt. Petersburg, Fla., died essie Don “Jess” Green of until his honorable discharge Sept. 13. He was born Sept. 3, JAda died Sept. 8. He was in 1946, serving in the 1918, in Cordell. He was a born Sept. 21, 1952, in Ada. Reserves for several more 1941 graduate of the OU Col- He graduated from McLish years. He graduated from OU lege of Law. During World High School in 1970. He in 1947 with a degree in polit- War II he served in the field attended East Central State ical science and a minor in artillery in the European College, where he earned a English. He attended Yale Theater. He retired as a B.A. with honors in 1974. He Law School and graduated lieutenant colonel in the earned his J.D. at OU College with an LL.B in 1950. After Reserves. He served countless of Law in May 1977. He was a law school, he worked as a veterans during more than 30 practicing attorney from 1977- law clerk for Judge Stephen years of service as an adjudi- 1979 and from 1987 until his Chandler. His legal career cation officer for the Veterans death. He was a member of spanned six decades, and dur- Administration. He recently the Chickasaw and Choctaw ing that time he served as earned his 70-year OBA anni- tribes and was a passionate founder and partner at several versary pin and was a mem- advocate for Native American firms. His civic commitments ber of the American Legion rights. After the passage of included serving as an ap- Post 125. the Indian Child Welfare Act, pointee on the Oklahoma he started the first juvenile obert C. “Bob” Schacher State Election Board and the of Lawton died Aug. 29. court in the state with the Oklahoma Securities Commis- R Comanche Tribe. He served He was born April 29, 1940, in sion. His interest in the arts Albany, Ga. He received his in the first Chickasaw Legisla- led him to serve as a board ture and was legislative chair- bachelor’s degree in interna- member for the Oklahoma tional relations from OU. In man, and he also served as City Philharmonic and Mum- Pontotoc County associate 1964, he received his J.D. from mer’s Theater. He was a long- OU College of Law. After law district judge for eight years. time member of the Kiwanis Other legal experience school, he worked for Halli- and Economic clubs. He was burton as an attorney, and includes service as tribal court also an avid and competitive prosecutor, tribal court judge later became an assistant dis- athlete who enjoyed tennis, trict attorney for Comanche and chief justice of a tribal squash and swimming. supreme court. He vice- County. He served as legal Memorial contributions may counsel for the Comanche chaired the ABA Judiciary be made to Special Olympics. Committee, chaired the OBA County Hospital Authority Indian Law Section and Gen- ichael Edward Kelly of Board of Trustees and served eral Practice — Solo and MFulton, Texas, died Aug. as general counsel for the Small Firm Section, chaired 29. He was born Aug. 28, Oklahoma Hospital Associa- the Chickasaw Bar Associa- 1937, in Muskogee. He gradu- tion. He later practiced pri- tion and published numerous ated from Muskogee Central vately in Oklahoma City and articles. He won numerous High in 1955. He attended Lawton. He was a member of awards for his service includ- OU and graduated from the the Comanche County Bar ing the 2012 Oklahoma Su- OU College of Law in 1963. Association. He was an active preme Court Service Award. He served in the U.S. Army member of several communi- In 2011, he was inducted into Reserves. He served as an ty organizations over the the Chickasaw Nation Hall of assistant district attorney in years and served on several Fame. He was a member of Muskogee after earning his committees at St. Andrew’s the Sunshine Missionary Bap- J.D. and subsequently main- Episcopal Church in Lawton. tist Church since 1961. Among tained a private practice in Donations may be made to his survivors is his wife, OBA Muskogee from 1973 until his the Leah M. Fitch Cancer member Nancy Green. retirement in 2002. He was a Center of Southwest Oklaho- lifetime NRA member and ma in Lawton or the Ameri- liked to travel. Memorial can Cancer Society.

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2179 dwin “Eddie” Jennings sion. He returned to Musk- continued to develop housing EShapard of Oklahoma ogee in 1960 as an assistant for the next 50 years. He City died Sept. 25. He was county attorney. He engaged loved to sing at the piano bar, born June 7, 1940. He attend- in a general law practice from hunt for bargains at flea mar- ed Wake Forest University 1962 – 1976. In 1976, he was kets, dance with friends and and graduated from OSU appointed district judge by play cards for hours. Memori- with a B.A. degree. He earned Gov. David R. Boren. For the al donations may be made to his J.D. from OU College of next eight years, he served as OSU’s E.E. Tourtellotte Schol- Law in 1965. Upon graduat- chief judge of Muskogee arship Fund to aid agricultur- ing from OU, he joined his County and regularly held al students. father in Shapard & Shapard court in Wagoner, Cherokee, Law Firm. He was a member Adair and Sequoyah counties. arl H. Young III of Tulsa of the Oklahoma Trial Law- He was elected president of Cdied Aug. 25. He was yers Association, the Bache- the Oklahoma Judicial Con- born Sept. 14, 1941, in Great lor’s Club of Oklahoma City ference in 1984. He served on Bend, Kan. He graduated and the Bow-Tie Boys Club. the Court of Tax Review, the from Central High School in In addition to his legal prac- Committee of Uniform Civil Tulsa. He attended Southern tice, he was also a restaura- Jury Instructions and chaired Methodist University in Dal- teur, business owner, sports- the Committee for Recodifica- las and graduated from the man, little league coach and tion of the Criminal Law and TU College of Law. During certified hypnotist. He played Procedure. He also served as his career, he held leadership softball, tennis and golf and president of the Luther roles at Helmerich & Payne, enjoyed spending time with Bohannon American Inn of Purolator Products, Grimes friends and family. Memorial Court. In 2000, he was named Aerospace, Anchor Glass and donations may be made to “Distinguished Alumnus” by Bridge Associates. He retired The Edwin J. Shapard Memo- the OU College of Law. in 2010. During both his rial Foundation or to the char- career and retirement, he was ity of one’s choice. ichard Lee “Dick” Tour- an active member of his com- Rtellotte of Oklahoma City munity. He served on various etired Oklahoma Supreme died Sept. 1. He was born boards including the Tulsa RCourt Justice Hardy Sum- Dec. 4, 1931, in Wilburton. He Metropolitan Planning Com- mers of Muskogee died Sept. graduated from OSU in 1954. mission, Port Authority, and 10. He was appointed to the He served in the U.S. Air Park Board. He also support- high court in 1985 by Gov. Force for two years. In 1964, ed various charities such as 12 George Nigh, and he served he graduated first in his class & 12, Cystic Fibrosis Founda- as its chief justice in 1999 from OCU School of Law, tion, Family and Children’s and 2000, retiring in 2003. among the top 10 law gradu- Services, First Presbyterian Justice Summers was born ates in the U.S. He worked as Church of Tulsa, and the TU July 15, 1933, in Muskogee. a legislative aide for U.S. Sen. College of Law Advisory He graduated from high Henry Bellmon, U.S. Sen. Don Board. He had recently school in Muskogee in 1951. Nickles and U.S. Rep. Mickey climbed to the summit of Mt. In 1955, he completed his B.A. Edwards, running for Oklaho- Crested Butte in Colorado. at OU and he received his ma lieutenant governor in Memorial donations may be L.L.B. from the OU College of 1986. He was active in both made to any of the charities Law in 1957. For three years, law and real estate. He built Mr. Young supported. he served in the U.S. Air his first apartment buildings Force Judge Advocate Divi- in Stillwater in the 1960s and

2180 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 CLASSIFIED ADS

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Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2181 OFFICE SPACE POSITIONS AVAILABLE OFFICE SPACE FOR LEASE. Law office for lease one FULL TIME 3-5 YEAR LITIGATION ATTORNEY: block north of the Federal Courthouse. Receptionist, Small firm in Fort Worth, has immediate job opening conference room, kitchenette, free parking, and storage for highly-motivated litigation attorney with first chair space included. 405-239-2454. experience. Involves state and federal practice. Possess strong writing and research skills and be self guided. OFFICE AVAILABLE FOR SOLE PRACTITIONER. In- Practice active in Texas and Oklahoma so dual licenses cludes office space and overhead costs such as phone, are a plus. Email résumé, writing sample and salary copier, fax, conference room use and receptionist ser- requirements to [email protected]. vices. This can be paid for by handling limited court appearances for the law firm. 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FULL TIME POSITION AS ASSOCIATE ATTORNEY POSITIONS AVAILABLE for large Tulsa law firm. Must be fluent in Spanish, have a broad knowledge of the law and good telephone skills. Send résumés to: Human Resources Dept. P.O. Box 1046, Tulsa, OK 74101. HARRISON & MECKLENBURG, INC., A WELL- ESTABLISHED AV RATED FIRM, is looking for associ- Assistant General Counsel ates with strong academic backgrounds and preferably The responsibilities of this position will include 2-5 years’ experience for its Kingfisher and Stillwater of- advising company’s management on a wide array of fices. Experience in real property, litigation and/or fam- issues including: consumer, mortgage and business ily law also preferred. Please visit www.hmlawoffice. lending issues, bank operational, deposit, trust and com for additional information about the firm. For more corporate records issues; bank regulatory and compli- information or to submit a resume and law school tran- ance matters; litigation including oversight of external script, please email [email protected] or send counsel; reviewing and drafting complex documents letter to P.O. Box 658, Kingfisher, OK 73750. including real estate documents, loan documents and general contracts. This position will also work with LARGE DOWNTOWN OKLAHOMA CITY LAW other corporate attorneys in all divisions of the Com- FIRM SEEKS LEGAL ASSISTANT to fill a position with pany including retail banking, mortgage servicing our growing Intellectual Property practice group. The and real estate. ideal candidate must have three years experience in In- tellectual Property law, as well as, have excellent Word The qualified candidate will posses a law degree and Microsoft Office skills. The starting salary is nego- and must have 3 to 5 years of legal experience in ei- tiable based on experience. Generous benefits package ther real estate, banking or residential mortgage servicing with a law firm or financial institution. Candi- includes paid parking, medical and life insurance. Other date must be licensed in Oklahoma or be willing to benefits include 401(k), profit sharing, dental insurance, pursue same immediately. The successful candidate long term disability, and a cafeteria plan for uninsured will have excellent academic credentials, strong medical and day care expenses. Please send résumé, drafting, negotiation and oral communication skills references and salary requirements to Judy Cross at and must possess the ability to manage large num- [email protected]. bers of projects simultaneously in a variety of legal areas. The candidate must be able to work under WORKER’S COMPENSATION ATTORNEY needed pressure and have good judgment and the ability to for busy law firm. Minimum 3-5 year’s WC experience. identify potential legal issues. Good writing, research Send résumés to “Box V” Oklahoma Bar Association, and communication skills are required. P.O. Box 53036, Oklahoma City, OK 73152. If you are interested in this position, please visit RECEPTIONIST FOR SMALL OKC DOWNTOWN our website to complete an online application: OFFICE. Must have a good work history. Must have www.midfirst.jobs strong work ethic and must be self motivated. Sal- ary based on experience. Please email résumés to AA/EOE M/F/D/V [email protected].

2182 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012 POSITIONS AVAILABLE POSITIONS AVAILABLE

BUSY TULSA SOCIAL SECURITY DISABILITY PRAC- TICE needs motivated experienced legal assistant. CLASSIFIED INFORMATION Must be able to handle high volume of cases and work independently. Pay plus benefits commensurate with CLASSIFIED RATES: $1 per word with $35 minimum per in- experience. Send resume with references and cover let- sertion. Additional $15 for blind box. Blind box word count ter to “Box Z” Oklahoma Bar Association, P.O. Box must include “Box ___, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152. 53036, Oklahoma City, OK 73152.” Display classified ads with bold headline and border are $50 per inch. See www.okbar.org ATTORNEY FOR MUSCOGEE (CREEK) NATION for issue dates and display rates. GAMING BOARD IN TULSA: Seeking experienced at- DEADLINE: Theme issues 5 p.m. Monday before publication; torney to provide legal counsel on a contractual basis Court issues 11 a.m. Tuesday before publication. All ads must for a broad range of issues including, but not limited to, be prepaid. gaming, contracts, and employment issues. Requires SEND AD (email preferred) stating number of times to be pub- five to 10 years’ experience in Indian gaming, tribal lished to: governmental law, and federal Indian gaming law and [email protected], or regulations. Send résumé to [email protected]. Emily Buchanan, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152. OUTSIDE COUNSEL Oklahoma Housing Finance Agency (OHFA) is requesting proposals from lawyers Publication and contents of any advertisement is not to be or law firms who desire to serve as general counsel to deemed an endorsement of the views expressed therein, nor the Trustees of OHFA. Interested parties may obtain the shall the publication of any advertisement be considered an endorsement of the procedure or service involved. All placement RFP by sending an email to [email protected]. notices must be clearly non-discriminatory. Responses are due by 11-14-12.  …and maybe you’ll get a break. But computers have no mercy. Hire me instead.    947-2222 

Vol. 83 — No. 26 — 10/6/2012 The Oklahoma Bar Journal 2183 THE BACK PAGE Giving Advice: Remembering A Mentor By Ray Roush

As lawyers, we are called upon the fairway or on the green, and I In typical anecdotal Bob Emery to deliver a host of lawyerly good- couldn’t miss a putt. After a fashion, he agreed first that to do ness to our clients. As I reflect on dozen holes, I was outscoring my one’s best is paramount, and that a lengthy career, I realize I have boss so convincingly that he to do less — whether as a lawyer, probably given my clients advice called a halt to the round, and employee, husband or father — as much as anything — far more said he’d see me at the office in is unacceptable. However, he con- than the holdings in Hadley v. Bax- the morning. tinued, if such a situation were to endale or Duhig v. Peavy-Moore Seated at my desk at 7:30 the present itself again; and if, for Lumber Co. Though I graduated next morning, head down and instance, one were standing over from law school back in 1976 hard at work, I heard my boss’s a shot that faced a formidable without a single course credit in voice from the doorway. “You water hazard or flirted with the Advice 101, I think I’ve nailed the bum!” was all he said before he out-of-bounds markers, one might point when I discovered that walked away. consider forgoing the safer route advice-giving should be carefully to attempt the Nicklaus/Trevino- considered and done effectively. bragging-rights shot that had no It was the late ’80s. In the con- more than a one-in-a-million tinuing aftermath of Penn Square chance of success. Such an Bank, I became part of the exodus, attempt, he shared, would be and I found work as house coun- viewed as bold and courageous — sel with a southern Louisiana not foolish — and thus evidence energy company. of commitment and strength of character. The fact it would not Until then, I’d been of counsel succeed, despite one’s finest with mentor and friend Robert J. effort, would pale in comparison “Bob” Emery — a man I idolized. to the attempt. Every day in Bob’s office was a mentoring experience. Rarely did I did play that next round, and Bob tell me how to do anything, my game came back down to only (usually anecdotally) what earth as I played perhaps the needed to be accomplished. worst round of golf of my life. Leaving would be bittersweet. But I was never more than a split- second recollection from the After settling into my new life, sound advice from a true friend since there was not yet email, ‘You bum!’ was all and mentor. Thankfully I was Bob and I corresponded the old- able to share the experience with fashioned way — we wrote let- he said before he Bob before he, sadly, passed away ters. Most were of the friendly not long after. (For the record, my variety, but one in particular con- walked away. boss and I became and remain veyed a sense of urgency. I need- great friends, and he revels in ed advice from Bob. It seems my retelling this story when we boss, the company’s general coun- get together.) sel, had just returned from a two- That evening, I told my wife week golf academy and wanted to she should probably prepare for As I’ve continued to learn show me what he’d learned. I the move back to Oklahoma City. over the years, we lawyers are tried to beg off, saying I hadn’t I also wrote Bob and asked his problem-solvers foremost, and we played in years, wasn’t any good advice on how I could mend this do give advice. But perhaps our and had too much work to do. horribly broken fence. I explained advice might be just as, if not Nothing worked. that it was just in my genes to try more, effective if it were geared my best, even in a meaningless as much toward solving the real That day, I played the round of golf game. What was I to do when problem. my life. It was one of those inex- faced with another challenge from Mr. Roush practices in Edmond. plicable things. I hit truly nasty my boss? shots that somehow ended up in

2184 The Oklahoma Bar Journal Vol. 83 — No. 26 — 10/6/2012