• Time to Submit Award Nominations • New

Volume 79 u No. 13 u May 10, 2008

ALSO INSIDE • Time to Submit Award Nominations • New Lawyers Admitted GROW YOUR 401(k) WISELY OBA/CLE Presents Building Your Million Dollar Practice And Six things you won’t hear Law Practice Phase Two: Building a Plan for the Next Era of Your from other 401(k) providers... Career May 29 & 30 We were created as a not-for-profit Oklahoma Bar Center, Oklahoma City 1. entity, and we exist to provide a benefit Building Your Million Dollar Practice Dustin Cole Are you ready to – President We leverage the buying power of the Double your revenues over the next five years? Attorneys Master Class 2. ABA to eliminate firm expenses and Transform your practice into a highly efficient, client-focused minimize participant expenses legal business? Speaker Dustin Cole is a Master Reduce stress and hours in the office? Practice Advisor, and is President of Lay the operational and financial groundwork for your dream Attorneys Master Class, one of the Our fiduciary tools help you manage retirement? nation’s leading attorney practice your liabilities and save valuable time – Then don’t miss this program! development organizations. Mr. Cole 3. Part One: Building the Million-Dollar Operations has trained over ten thousand Cole provides a truly unique view of how practices grow and evolve, attorneys across the United States in how to build more successful Our investment menu has three tiers to from the sole practice to the attorney with efficient, profitable legal practices and develop their dream 4. provide options for any type of investor, teams serving client needs, and provides step-by-step advice on how to retirements. He brings more than 35 master each step and move successfully to the next. years of experience in every phase of and our average expense is well below Part Two: Building the Dream Practice Revenues marketing and management to his the industry average for mutual funds Based on Cole’s twenty years of work with successful rainmakers, this work with the legal profession. He program offers the simplest, most effective, most ethical – and least has conducted hundreds of training expensive – approach to increasing revenues using the four core programs in more than 30 states. We eliminated commissions, which erode principles for creating a continuing stream of quality referrals. 5. your savings, by eliminating brokers Registration Information LEARN HOW Law Practice Phase Two: Building a Plan for the Next Era of Your Career Building Your Million YOU CAN We have benefit relationships with 29 GROW YOUR Learn how to build a plan for that dream “phase two” and Dollar Practice * 8:30 a.m. – 4:30 p.m. May 29 401(k) WISELY 6. state bar and 2 national legal associations. Identify the best option for your goals No other provider has more than one. Groom a successor to buy you out 8.5 hours CLE, 0 hours Ethics Plan a buyout over time at maximum value $225 prior to May 25 * Alabama State Bar Illinois State Bar Association State Bar of Nevada Rhode Island Bar Association Gradually step back from management $250 late registration Call an ABA Retirement State Bar of Arizona Indiana State Bar Association New Hampshire Bar Association State Bar of Texas Arkansas Bar Association Iowa State Bar Association State Bar of New Mexico Vermont Bar Association Stay on to cherry-pick a few of the best clients Funds Consultant at Colorado Bar Association Kansas Bar Association New York State Bar Association Washington State Bar Association Connecticut Bar Association Louisiana State Bar Association North Carolina Bar Association State Bar of Wisconsin Generate ongoing income by originating new business Law Practice Phase Two The District of Columbia Bar Maine State Bar Association State Bar Association of North Dakota American Immigration Lawyers Structure generous time off for what YOU want to do. 8:30 a.m. – 12:30 p.m. May 30 1-877-947-2272 State Bar of Georgia Minnesota State Bar Association Ohio State Bar Association Association (AILA) Hawaii State Bar Association The Mississippi Bar Oklahoma Bar Association Association of Legal 4.5 hours CLE, 0 hours Ethics www.abaretirement.com Administrators (ALA) In this groundbreaking half-day program, Master Practice Advisor $100 Prior to May 26 Dustin Cole shares the accumulated knowledge and wisdom of more $125 late registration than twenty years of work with thousands of attorneys, to help you build a picture of your ideal “phase two,” and then initiate a practical, Register Online at step-by-step plan for getting there. You’ll be walked, step-by-step, through creation of your own plan to build the dream “phase two” and www.okbar.org/CLE

For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak realize maximum value from passing on the firm you have created. to a Program consultant, call 1-877-947-2272, or visit www.abaretirement.com or write ABA Retirement Funds P.O. Box 5142 • Boston, MA 02206-5142 • [email protected]. Be sure to read the Prospectus carefully before you invest or send money. The Program is available through the Oklahoma Bar Association as a member benefit. However, this does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 11/2007 GROW YOUR 401(k) WISELY OBA/CLE Presents Building Your Million Dollar Practice And Six things you won’t hear Law Practice Phase Two: Building a Plan for the Next Era of Your from other 401(k) providers... Career May 29 & 30 We were created as a not-for-profit Oklahoma Bar Center, Oklahoma City 1. entity, and we exist to provide a benefit Building Your Million Dollar Practice Dustin Cole Are you ready to – President We leverage the buying power of the Double your revenues over the next five years? Attorneys Master Class 2. ABA to eliminate firm expenses and Transform your practice into a highly efficient, client-focused minimize participant expenses legal business? Speaker Dustin Cole is a Master Reduce stress and hours in the office? Practice Advisor, and is President of Lay the operational and financial groundwork for your dream Attorneys Master Class, one of the Our fiduciary tools help you manage retirement? nation’s leading attorney practice your liabilities and save valuable time – Then don’t miss this program! development organizations. Mr. Cole 3. Part One: Building the Million-Dollar Operations has trained over ten thousand Cole provides a truly unique view of how practices grow and evolve, attorneys across the United States in how to build more successful Our investment menu has three tiers to from the sole practice to the attorney with efficient, profitable legal practices and develop their dream 4. provide options for any type of investor, teams serving client needs, and provides step-by-step advice on how to retirements. He brings more than 35 master each step and move successfully to the next. years of experience in every phase of and our average expense is well below Part Two: Building the Dream Practice Revenues marketing and management to his the industry average for mutual funds Based on Cole’s twenty years of work with successful rainmakers, this work with the legal profession. He program offers the simplest, most effective, most ethical – and least has conducted hundreds of training expensive – approach to increasing revenues using the four core programs in more than 30 states. We eliminated commissions, which erode principles for creating a continuing stream of quality referrals. 5. your savings, by eliminating brokers Registration Information LEARN HOW Law Practice Phase Two: Building a Plan for the Next Era of Your Career Building Your Million YOU CAN We have benefit relationships with 29 GROW YOUR Learn how to build a plan for that dream “phase two” and Dollar Practice * 8:30 a.m. – 4:30 p.m. May 29 401(k) WISELY 6. state bar and 2 national legal associations. Identify the best option for your goals No other provider has more than one. Groom a successor to buy you out 8.5 hours CLE, 0 hours Ethics Plan a buyout over time at maximum value $225 prior to May 25 * Alabama State Bar Illinois State Bar Association State Bar of Nevada Rhode Island Bar Association Gradually step back from management $250 late registration Call an ABA Retirement State Bar of Arizona Indiana State Bar Association New Hampshire Bar Association State Bar of Texas Arkansas Bar Association Iowa State Bar Association State Bar of New Mexico Vermont Bar Association Stay on to cherry-pick a few of the best clients Funds Consultant at Colorado Bar Association Kansas Bar Association New York State Bar Association Washington State Bar Association Connecticut Bar Association Louisiana State Bar Association North Carolina Bar Association State Bar of Wisconsin Generate ongoing income by originating new business Law Practice Phase Two The District of Columbia Bar Maine State Bar Association State Bar Association of North Dakota American Immigration Lawyers Structure generous time off for what YOU want to do. 8:30 a.m. – 12:30 p.m. May 30 1-877-947-2272 State Bar of Georgia Minnesota State Bar Association Ohio State Bar Association Association (AILA) Hawaii State Bar Association The Mississippi Bar Oklahoma Bar Association Association of Legal 4.5 hours CLE, 0 hours Ethics www.abaretirement.com Administrators (ALA) In this groundbreaking half-day program, Master Practice Advisor $100 Prior to May 26 Dustin Cole shares the accumulated knowledge and wisdom of more $125 late registration than twenty years of work with thousands of attorneys, to help you build a picture of your ideal “phase two,” and then initiate a practical, Register Online at step-by-step plan for getting there. You’ll be walked, step-by-step, through creation of your own plan to build the dream “phase two” and www.okbar.org/CLE

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MAY 29 MAY 16 Building Your Million-Dollar Workers’ Compensation: Practice - And Your Dream You Can’t Make This Retirement - OKC Stuff Up! - Tulsa 8.5 hrs. of MCLE credit, 6 hrs. of MCLE credit, including 0 hrs. of ethics including 1 hr. of ethics Oklahoma Bar Center Renaissance Hotel 1901 N. Lincoln Blvd. 6808 S. 107th E. Ave. Oklahoma Insurance Law Update 2008 - OKC MAY 30 6 hrs. of MCLE credit, including 0 hrs. of ethics Law Practice Phase Two: Oklahoma Bar Center Building a Plan for the Next 1901 N. Lincoln Blvd Era of Your Career - OKC . 4.5 hrs. of MCLE credit, including 0 hrs. of ethics Oklahoma Bar Center MAY 21 1901 N. Lincoln Blvd. Making Your Case With a Better Memory - Tulsa 8 hrs. of MCLE credit, including 0 hrs. of ethics Check registration times at Renaissance Hotel 6808 S. 107th E. Ave. www.okbar.org You may register online at www.okbar.org or call (405) 416-7006 May 2008

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1118 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 DEPARTMENTS HEME T : 1116 From the President WORK/LIFE BALANCE 1164 From the Executive Director Editor: Jim Stuart 1166 Law Practice Tips 1172 Ethics/Professional Responsibility 1173 Oklahoma Bar Foundation News contents 1176 Access to Justice May 10, 2008 • Vol. 79 • No. 13 1178 Young Lawyers Division 1180 Calendar 1182 For Your Information pg. 1119 1184 Bench and Bar Briefs 1190 In Memoriam 1165 Editorial Calendar 1200 The Back Page

FEATURES 1119 Work/Life Balance Initiatives pg. 1157 in the Legal Profession Award Nominations By Melanie Jester 1125 Behind the Slash By Sarah Glick PLUS 1129 Sentenced to Life 1157 Time to Submit Award Nominations By Caroline Larsen 1159 New Lawyers Admitted to OBA 1135 Family Responsibility Discrimination: Recognizing 1161 Photo Highlights: Unlawful Discrimination Rule of Law Conference against Family Caregivers 1162 Board of Governors 2009 Vacancies By Leah Avey and Tim Eisel 1163 OBA Nominating Petitions Filed 1145 Mistakes We Make under Pressure By Dr. Wenona R. Barnes 1151 What We Have Here is a Failure to Communicate By Michael Duggan and Teresa Rendon 1156 Work/Life Balance Internet Resources pg. 1159 New Attorneys

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1119 FROM THE PRESIDENT

Get a Life By Bill Conger

My predecessor, Stephen Beam, captioned his Getting lawyers to live balanced first letter in the Oklahoma Bar Journal “We’ve Got a lives will not happen overnight. Problem!” He was referring to his concern about the Our profession requires long hours number of lawyer suicides, one a month for almost a and commitment. Lawyering is year. Many of us shared Stephen’s concern and still do. hard. I believe we need to change Of course, we will never know whether their choosing to our culture. Simply stated, we need take their own life was because they were lawyers — to get a life — to take care of our- hopefully not. But what we do know is this: selves physically and spiritually and have balance in • In a survey of 105 occupations, lawyers our work/life. We ranked first in experiencing depression need to improve our- — four times more likely to be depressed Lawyering is selves intellectually than the general population. by taking courses, • In studies conducted in Washington hard. I believe teaching classes, and Arizona, it was found that we need to reading good books one-third of lawyers showed and learning more symptoms of clinical depression or sub- change our about art and the stance abuse — a statistic that is double culture. humanities, history, the national average for disorders of this philosophy and lit- type. erature. This will • Lawyers who suffer from depression develop our souls consider suicide in numbers that are alarmingly high — and ultimately take us to the realm and those who consider suicide are more likely to carry of wisdom. out that intent. Here is what the novelist Anna • In the United States, the number of practicing lawyers Quindlen says: with alcohol or drug problems is twice the national Get a life in which you notice the smell average. of salt water pushing itself on a breeze • Substance abuse exists in a significant number of over Seaside Heights, a life in which you disciplinary complaints brought against lawyers. stop and watch how a red tailed hawk circles over the water or the way a baby We also know that many are leaving our scowls with concentration when she tries profession citing burnout, job dissatisfaction, stress to pick up a Cheerio with her thumb and and disillusionment. I am concerned about it, and first finger. Get a life in which you are I hate to see people leaving a profession that I have not alone. Find good friends and people found so fulfilling for 38 years. you love, and who love you. And remember that love is not leisure, it is work. For some time now I have been focusing on Pick up the phone. Send an e-mail. Write work/life balance, thus this special issue of the a letter. Get a life in which you are gener- Oklahoma Bar Journal. Many of the articles contrib- ous. And realize that life is the best thing uted are from members of our Work/Life Balance ever and that you have no business tak- Committee, chaired by Melanie Jester. This standing it for granted. Care so deeply about ing committee is constantly addressing issues of its goodness that you want to spread it work/life balance. It has created an outstanding around. Take money you would have President Conger spent on beers and give it to charity. is general counsel Web site which you can access at www.okbar.org/ at Oklahoma City members/worklife/Default.htm. Each month the Work in a soup kitchen. Be a big brother University. site features different topics, links to other similar or sister. [email protected] Web sites and archived articles on previously I hope you enjoy this important (405) 208-5845 addressed topics. edition of the bar journal.

1120 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 OFFICERS & BOARD OF GOVERNORS J. William Conger, President, Oklahoma City Jon K. Parsley, President-Elect, Guymon EVENTS CALENDAR Michael C. Mordy, Vice President, Ardmore MAY Stephen D. Beam, Immediate Past President, Weatherford 15 OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar Julie E. Bates, Oklahoma City Center, Oklahoma City; Contact: H. Terrell Monks (405) 733-8686 Jack L. Brown, Tulsa Cathy M. Christensen, Oklahoma City 16 OBA Access to Justice Committee Meeting; 1:30 p.m.; Oklahoma Donna Dirickson, Weatherford Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Robert S. Farris, Tulsa Kade A. McClure (580) 248-4675 Brian T. Hermanson, Ponca City W. Mark Hixson, Yukon 19 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Jerry L. McCombs, Idabel Deborah A. Reheard, Eufala Oklahoma Bar Center, Oklahoma; Contact: Andrea Braeutigam Alan Souter, Bristow (405) 744-3305 or Michael A. Simpson (918) 582-8877 Peggy Stockwell, Norman James T. Stuart, Shawnee 20 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Bar Kimberly Warren, Tecumseh, Chairperson, Center, Oklahoma City and OSU Tulsa; Contact: James Milton OBA/Young Lawyers Division (918) 591-5229 BAR CENTER STAFF 21 OBA Member Services Committee Meeting; 3:30 p.m.; Oklahoma John Morris Williams, Executive Director; Bar Center, Oklahoma City; Contact: Keri Williams Foster (405) 385-5148 Dan Murdock, General Counsel; Donita Bourns Douglas, Director of Educational Programs; 22 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Carol A. Manning, Director of Communications; Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack Craig D. Combs, Director of Administration; Gina L. Hendryx, Ethics Counsel; Jim Calloway, Brown (918) 581-8211 Director of Management Assistance Program; Rick OBA Paralegal Committee Meeting; 3 p.m.; Oklahoma Bar Center, Loomis, Director of Information Systems; Beverly S. Petry, Administrator MCLE Commission; Jane Oklahoma City; Contact: Joseph H. Bocock (405) 235-9621 McConnell, Coordinator Law-related Education; Ja- 23 OBA Board of Governors Meeting; Enid, Oklahoma City; Contact: nis Hubbard, First Assistant General Counsel; Mark Davidson, Loraine Dillinder Farabow and Janna John Morris Williams (405) 416-7000 D. Hall, Assistant General Counsels; Robert D. Hanks, Senior Investigator; Sharon Orth , Dorothy OBA CLE Music Ethics Committee Meeting; 1:30 p.m.; Oklahoma Walos and Krystal Willis, Investigators Bar Center, Oklahoma City; Contact: Heidi McComb (405) 416 - 7027 Nina Anderson, Manni Arzola, Jenn Barrett, 26 Memorial Day (State Holiday) Debbie Brink, Melissa Brown, Brenda Card, Sharon Dotson, Johnny Marie Floyd, Matt Gayle, 28 OBA Uniform Laws Committee Meeting; 4 p.m.; Oklahoma Bar Susan Hall, Brandon Haynie, Suzi Hendrix, Misty Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Hill, Debra Jenkins, Jeff Kelton, Durrel Lattimore, Frederick Heins Miller (405) 325-4699 Debora Lowry, Heidi McComb, Renee Montgom- ery, Wanda Reece-Murray, Tracy Sanders, Mark JUNE Schneidewent, Robbin Watson, Laura Willis & Roberta Yarbrough 5 OBA Work, Life Balance Committee Meeting; 12 p.m.; Oklahoma EDITORIAL BOARD Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Editor in Chief, John Morris Williams, News & Melanie Jester (405) 609-5280 Layout Editor, Carol A. Manning, Editor, Melissa DeLacerda, Stillwater, Associate Editors: Steve OBA Board of Editors Meeting; 2 p.m.; Oklahoma Bar Center, Barnes, Poteau; Martha Rupp Carter, Tulsa; Mark Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Curnutte, Vinita; Leslie D. Guajardo, Oklahoma Carol Manning (405) 416-7016 City; John Munkacsy, Lawton; Pandee Ramirez, Okmulgee; Julia Rieman, Enid; James Stuart, For more events go to www.okbar.org/news/calendar.htm Shawnee and Judge Lori M. Walkley, Norman NOTICE of change of address (which must be in The Oklahoma Bar Association’s ofﬁ cial Web site: www.okbar.org writing and signed by the OBA member), unde- liverable copies, orders for subscriptions or ads, THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar news stories, articles and all mail items should be Association. All rights reserved. Copyright© 2008 Oklahoma Bar Association. sent to the Oklahoma Bar Association, P.O. Box The design of the scales and the “Oklahoma Bar Association” encircling the 53036, Oklahoma City, OK 73152-3036. scales are trademarks of the Oklahoma Bar Association. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association (405) 416-7000 Toll Free (800) 522-8065 FAX (405) 416-7001 THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED THREE TIMES Continuing Legal Education (405) 416-7006 A MONTH IN JANUARY, FEBRUARY, MARCH, APRIL, MAY, AUGUST, SEPTEM- Ethics Counsel (405) 416-7083 BER, OCTOBER, NOVEMBER AND DECEMBER AND BIMONTHLY IN JUNE AND General Counsel (405) 416-7007 JULY. BY THE OKLAHOMA BAR ASSOCIATION, 1901 N. LINCOLN BOULEVARD, Law-related Education (405) 416-7005 OKLAHOMA CITY, OKLAHOMA 73105. PERIODICALS POSTAGE PAID AT OKLA- 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. 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Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1121 1122 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Work/Life Balance Work/Life Balance Initiatives in the Legal Profession By Melanie Jester

ork/life balance is about people having a measure of control over when, where and how they work. WIt is achieved when an individual’s right to a fulfilled life inside and outside paid work is accepted and respected as the norm, to the mutual benefit of the individual, business and society.1

Over the past decade, work/life balance has only when compatible with the ultimate con- emerged as a mainstay of human resource cern of the bottom line. management. The work/life balance trend is reflected in corporate initiatives, programs For law firms, the cost of attrition is viewed and benefits. It is weighted heavily in the as the most compelling reason for supporting 6 calculation of honoring a company as a “Best implementation of work/life balance policies. Company,” and it is repeatedly cited as one of Retention of attorneys and the intangible ben- the most sought after employee benefits.2 efits of preserving client and lawyer relation- And, work/life balance trends have emerged ships get the attention of law firm manage- more recently as a catalyst for yet another class ment. Certainly, however, with the constant of employment discrimination. In the spring plague of burnout, depression, low productiv- of 2007, the EEOC issued enforcement ity, insomnia and stress-related illnesses that guidance to address “family responsibility dis- burdens our profession, other costs must be crimination” in the workplace.3 considered in calculating the benefits of work/ life balance initiatives.7 Work/life balance is a phenomenon of international concern, too. The governments of the Work/life balance initiatives are challenging United Kingdom, Australia and Canada have for law firms for a number of reasons, two of all contributed significant resources toward which are addressed here. First, there is no development of work/life balance programs magic formula by which an individual achieves and policies.4 The work/life balance trend is work/life balance. We each have different val- fueled by changing workplace demographics, ues, goals and definitions of success. How bal- the role of technology and the move toward a ance is achieved, therefore, is unique to each of 5 more service-oriented economy. us. Second, in comparison to corporate Ameri- Work/life balance in the legal profession has ca, law firms do not have the same resources clipped along at a slower gait than that of the available to implement work/life balance ini- corporate horse, but certainly today it is an tiatives. For example, an on-site workout facil- issue of concern addressed by law firms, solo ity or daycare is not a viable alternative for the practitioners, bar associations and legal educa- majority of small to mid-size law firms. None- tors. All work/life initiatives prosper, however, theless, taking some action toward recognizing

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1123 the importance of work/life balance is very useful. As individual lawyers, work/life balance goals might include organizing work so that one has a sense there is enough time in a day to effectively accomplish work-related tasks; making (and guard- ing) time for family commit- ments without feeling com- promised; or participating in exercise or other hobbies we enjoy. Addressing work/life balance at the law firm management level might include creating a committee that serves as both a resource and sound- ing board for work/life balance issues, or, as many …firms are now offering flexible working firms are now doing, offering flexible working arrangements and putting less emphasis on arrangements and putting less emphasis on ‘face-time’ in the office by allowing for a “face-time” in the office by allowing for a “work-at- ‘work-at-home’ option. home” option.8 Nationally, law firms’ will- program features a clearly defined balanced ingness to experiment with the traditional hours policy, dedicated personnel to oversee practice model is on the rise. In large part, the implementation, development of online experimentation relates to the inevitable need resources and “Balanced Hours Coordinators” to revamp the current billable hour model and to develop individual work arrangements, to actively explore alternatives to the billable provide support, monitor schedules and ensure hour.9 A 2006 study by the bar association of the quality of work assignments. San Francisco noted a correlation between Smaller firms are also taking action. The attrition and minimum billable hours. Attrition Shepherd Law Group, a five-lawyer employ- rates were lowest in firms with annual billable ment boutique in Boston, recently abandoned hours ranging from 1560 - 1850.10 the billable hour system entirely. Instead, the The Atlanta based firm, Ford & Harrison, a firm utilizes “up-front pricing,”charging a flat 190-lawyer labor and employment law firm annual fee or a flat price per task.13 Other firms recently unveiled a “Year One” associate devel- have implemented work/life balance initia- opment program. Modeled after the residency tives by making work/life balance the integral programs offered in medical school, the pro- aspect of the firm’s culture. Lowrie, Lando & gram’s central component is the elimination of Anastasi, a Boston based intellectual property billable hours requirements for the participants firm, utilizes its 1,600 annual billable hours during their first 15 months at the firm.11 requirement as a marketing tool, persuading clients that an attorney billing at this rate is The international law firm, Kirkpatrick & more responsive to client needs.14 Lockhart Nicholson Graham LLP, has employed Jeannine M. Rupp, an organizational and social In Oklahoma, law firms have also taken psychologist, as the firm’s director of Profes- notice of the importance of work/life balance sional and Personal Life Integration (PPLI). In and have adapted to changing workplace the fall of 2005, the firm’s PPLI initiative demographics, most prominently, by allowing launched a “Balanced Hours” program.12 The more flex time and reduced hour arrange-

1124 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 ments. The law firm, Phillips McFall McCaf- In 2006, the OBA created the Work/Life Bal- frey McVay & Murrah P.C., has identified the ance Committee. One of the primary goals of following changes in firm culture over the last the committee is to increase awareness about decade that reflect a move toward greater work/life balance issues and to make work/ work/life balance for attorneys: life balance a legitimate expectation, supported and embraced by our legal culture. The Over the last 10 years, the firm has increased committee provides work/life balance its flexibility with regard to billable hour resources through its Web site, www.okbar. requirements and flex time; added an org/members/worklife/Default.htm. employee mental health benefit; increased the number of social events to which spous- Work/life balance is opening the door to pos- es are invited; instituted an attorney men- sibility. The benefits far outweigh the miscon- toring program; and clearly communicated ceived costs. The movement is allowing a more to attorneys its support of taking time for diverse group of persons to succeed within the family (attending school plays, taking vaca- legal profession. It is a catalyst for bringing tions, etc.). about new management styles and the much needed alternative to the billable hour system. In addition, as part of its employee benefits And, work/life balance is allowing lawyers package, the firm offers to all attorneys and to live healthier lives while maintaining their families free counseling through A Chance fulfillment in the practice of law. to Change Foundation, an organization that provides mental health counseling with an empha- 1. United Kingdom, Employers and Work/Life Balance. sis on the entire family. See http://www.employersforwork-lifebalance.org.uk/work/def- inition.htm. McAfee & Taft similarly has noted accep- 2. Yale Law Women, a student organization at Yale Law School, now compiles a Top Ten Family-Friendly Firms list. See http://www. tance of more alternative work arrangements yale.edu/ylw/activism.htm. As explained by YLW “Factors determin- as reflective of changes in firm culture toward ing ranking included access to and use of maternity/paternity leave policies, emergency and on-site child care, part- and flex-time work promotion of work/life balance. In addition, schedules, health and other benefits for same- and opposite-sex McAfee is using technology to allow attorneys domestic partners; ratios of women partners and associates; and billable hours requirements.” Id. Flex-Time Lawyers and Working Mother to work from “places other than one’s desk” magazine similarly recently announced a first-time “List of the 2007 and having more open discussions amongst Best Law Firms for Women.” See http://www.flextimelawyers.com/ attorneys about work/life balance and what best/release.pdf. 3. See Enforcement Guidance: Unlawful Disparate Treatment of Workers that means for the individual attorneys work- with Caregiving Responsibilities http://www.eeoc.gov/policy/docs/ ing there. caregiving.html. 4. A number of United Kingdom Government work/life balance A focal challenge continues to be eradicating resources are available through the Department for Business, Enter- prise and Regulatory Reform (BERR): www.berr.gov.uk. any stigma associated with an attorney’s choice 5. For example, dual-wage-earning families are working longer to partake of alternative work arrangements or hours. According to a study conducted by Catalyst, a nonprofit research and advisory organization in New York, the combined reduced hours arrangements. The Washington weekly work hours of wage-earning couples rose to 91 hours in 2002 D.C. based Project for Attorney Retention – up more than 8% in just 10 years. See www.catalyst.org. 6. The Boston Bar Association conducted a comprehensive study includes on its Web site information for law- that addressed the cost of attrition. The comprehensive study was one yers and law firms about non-stigmatized part- of the first to address the issue in the legal profession. The study cul- minated in an implementation plan for addressing work/life issues in time programs. The numerous law blogs, the legal profession. See http://www.bostonbar.org/prs/wfcplan. empirical studies and frequent media articles htm. also have assisted in bringing work/life bal- 7. Within the Oklahoma Bar Association, we have had to face the painful reality of an unprecedented number of lawyer suicides in the ance into the mainstream of the legal profes- past few years. And, we must be mindful of the fact that the state of sion. Oklahoma continues to receive dismal rankings regarding the overall health of her citizens. Oklahoma currently has the 14th highest level of For Oklahoma lawyers, the OBA has adult obesity in the nation according to a recent report issued by Trust for America’s Health. embraced the importance of work/life balance.

The movement is allowing a more diverse group of persons to succeed within the legal profession.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1125 8. The most common forms of alternative work arrangements are 14. The firm’s mission statement is: “Celebrating an Intelligent flex time, part time and reduced hours schedules. A good resource for Approach to Intellectual Property Law.” See http://www.ll-a.com/ alternative work arrangements is the Washington D.C.-based organi- index.cfm. zation, the Project for Attorney Retention (PAR), www.pardc.org. PAR promotes “balanced hours programs” for law firms which “allow attorneys to work individually tailored, reduced schedules that are designed to meet the firm’s business needs while maintaining the ABOUT THE AUTHOR attorney’s ability to work and to develop professionally without stigma.” See id. Melanie Jester is chair of the 9. In 2001-2002, the ABA Commission on Billable Hours issued a report of extensive findings concerning the issues and problems posed OBA’s Work/Life Balance by the billable hour system. Included in the report is information about Committee. A long time advo- alternative billing methods. See http://www.abanet.org/careercoun- cate for work/life balance in sel/billable/toolkit/bhcomplete.pdf. 10. An executive summary of the report details these and other the legal profession, she has findings concerning attrition rates. The report is available at http:// received the Oklahoma Coun- www.sfbar.org/newsroom/20060927.aspx. 11. For more information, visit the firm’s Web site at http://www. ty Bar Association’s Profession- fordharrison.com. A description of the program is available at al Service Award and the OBA http://www.fordharrison.com/shownews.aspx?show=3068. 12. The PPLI and Balanced Hours Program are described in more Women In Law Mona Salyer detail on the firm’s Web site: http://www.klgates.com. Because of the Lambird Spotlight Award in Balanced Hours Program, the firm was honored by Working Mother magazine, making the “2007 Best Law Firms for Women” list. recognition of her efforts. Melanie serves as law clerk 13. Information about the firm’s pricing policy is available at to Magistrate Judge Valerie Couch in the U.S. Dis- http://www.shepherdlawgroup.com/approach_FAQ2.php. trict Court for the Western District of Oklahoma.

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Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1127 1128 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Work/Life Balance Behind the Slash By Sarah Glick he Slash Effect.1 No, it has nothing to do with electronic discovery, and it is not an ephedrine-free weight loss Tmethod. It is the latest wave in the work/life solution sea. Simply put, it is a phrase used to describe the choice many professionals are currently making to simultaneously engage in more than one career. So, one could be an accountant/painter. Or, perhaps a physician/carpenter. Or, a musician/actor/dancer— the infamous “triple threat.” Or, similarly threatening, an attorney/cross-bow hunter/flautist. Well, you get the idea. Theoretically, the number and combination existence. A proofreader by trade, Mitty fanta- of vocations is limitless. And, one’s slash could sizes about being a naval commander, an include titles or roles not typically accompa- important emergency room surgeon, a murder- nied by a salary, like longshoreman/father, or ous criminal and a wartime fighter pilot. A few executive/choir member, or farmer/ballerina/ moments into each imagined scenario, Mitty is political activist/under-water basket weaver. beckoned back to his mundane reality. (Sorry. It’s easy to be carried away with these On my most Mitty-esque days, it is tempting things. Go ahead. I know you want to try it.) As to conclude that—occupationally speaking—I you might expect, my introduction to this con- simply chose poorly. That perhaps my life’s cept got me to thinking about what other jobs work would have more meaning if I had opted or roles I might use to create my very own instead to be a social worker. Or, that my too slash effect. often squelched sense of adventure would be If, in the span of your career as an attorney, satisfied if I had gone into journalism. Maybe you have never wondered—strike that—fanta- the change I wish to see in the world could be sized about another career, I envy you. (And somehow effectuated if I were shaping minds frankly, I find your veracity more than a little in a classroom somewhere. Of course, I have suspect.) The truth, I think, is that we all have always wanted to learn to fly a plane…. our Walter Mitty moments. On days where my head is Remember him? (I can see a little less in the clouds, I the wheels turning in your recognize that my problem head.) Think all the way is not necessarily a wrong back to your freshman lit A few moments into vocational election, but that class. “The Secret Life of the title on my business card Walter Mitty” is the James each imagined scenario, does not tell the whole story. Thurber story about a very For better or worse, I have a ordinary man living a very Mitty is beckoned back to handful of innate abilities, plain life and daydreaming and a bit of education and about all the adventure he his mundane reality. training that have equipped wishes characterized his

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1129 me to do exactly what I am doing. And, objectively speaking, my chosen profession is one of honor and importance. The Mitty moments constitute a The Mitty reminder, though, that I have other apti- moments tudes and interests. constitute a Which brings me to the thing I appreciate reminder, though, about the slash—its capacity to help me that I have other express and acknowl- edge that I have other aptitudes and pursuits and priorities besides the prac- interests. tice of law. Sure, it may not be practical to sign my letters— Sarah J. Glick, attorney/amateur musician/stupendous aunt/armchair movie reviewer/ sometimes runner/ compulsive Slash is nearly the essence of work/life bal- cleaner—but perhaps that is not the point. ance. (Take notice, there’s even one in the Maybe the value of the Slash Effect is that it has name.) The consideration of and participation made me stop and consider my own content- in ALL the things that give our lives meaning ment. Contentment. An interesting word, is work/life balance. So, examine your list and fraught with meaning and implication in any pay attention to your daydreams and ponder context, including career development. In con- what you might put behind your slash….

sidering the notion of vocational contentment, 1. The Slash Effect has recently been made a popular point of dis- the synonym I like best is satisfied, or the defi- cussion in career development forums by Marci Alboher’s book nition that means the end of desire, want or One Person/Multiple Careers: A New Model for Work/Life Success (Warner Business: 2007). need. This contentment comes, I think, when I have acknowledged in some way all of my interests and priorities.

To be certain the Slash Effect could easily ABOUT THE AUTHOR reach a point of absurdity, inducing the occu- pational equivalent of multiple personality Sarah J. Glick is a lawyer and disorder. At best, an over ambitious “Slasher” Work/Life Balance Committee may find him or herself simply increasing the member practicing in the areas number of hours and responsibilities in his or of civil litigation, health and her already demanding work and personal life, employment law at Scoggins & resulting in no more fulfillment than Walter Cross PLLC. She was admitted Mitty found in his fabrications. At worst, the into the Oklahoma bar in 2001 overused Slash could bring to bear the incom- as well as the Northern and petence and slipshod work that trying to do Western Districts of Oklahoma too many things at once almost inevitably and the 10th Circuit of Appeals. brings. She received her undergraduate degree from Southern Nazarene University and her But that is where the “balance” part of work/ J.D. from Oklahoma City University School of Law. life balance comes in to play. Used well, the

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Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1131 1132 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Work/Life Balance Sentenced to Life By Caroline Larsen he death penalty. Everyone has a different view. Some are in favor, some are against, and some beliefs depend on the Tcircumstances involved. Not too long ago, some friends and I were discussing what method we would choose if subjected to the “ultimate penalty.” I chose firing squad. Most of my friends chose lethal injection. Seriously, it is highly unlikely that anyone in that group would ever be sentenced to death. By a jury that is. But any one of us could impose our own death sentence. Death by fat. Hmmm, let me think. Bullet to the heart, I’m a goner in mere seconds, or years of weight gain, heart disease, and other complications associated with obesity? Yep, I’m sticking to firing squad. Clearly the quicker and less painful option. Don’t want to pick? You don’t have to. You can impose your own life sentence by incorporating healthy eating and fitness into your daily routine.

I know, I know, the last thing you want is a to 25 refers to a healthy weight.4 A BMI between lecture about health. But a poor diet and seden- 25-30 refers to an individual who is over- tary lifestyle are making us sick. Not sick? weight, and a BMI over 30 indicates obesity.5 In When was the last time you had a headache or addition to BMI, another indicator of health is suffered heartburn, depression, fatigue or a waist circumference. A man and woman with sense of being overwhelmed? According to waist sizes of over 40 and 35 inches, respec- some, it’s the nature of the profession: high- tively, have an increased risk of developing pressure jobs and long hours lead to eating on diabetes and heart disease.6 So now that I’ve the run and little time for exercise. But what we bored you with numbers, let’s focus on how to don’t realize is that while we are busy climbing fix the problem and get healthy. Two things to the ladder of success, we are sacrificing our remember: it’s not rocket science and there are health and shortening our lives. no “quick fixes.” It all boils down to a healthy diet and regular exercise. In 2007, Oklahoma was ranked the 9th most obese state in the United States.1 And in 2007, Three years ago, the United States Depart- Oklahoma City was ranked the 15th fattest city ment of Agriculture published its latest recom- in the nation.2 Obesity is defined by a body mendations for American diets.7 The report, mass index (BMI) of 30 or above. To calculate which can be found at www.health.gov/ your BMI, multiply your weight in pounds by dietaryguidelines, focuses on calorie control 703 and then divide that number by your and nutrient intake. For a sedentary woman height in inches, squared.3 A BMI between 18.5 and man between ages 31-50, the government

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1133 First, stay away from any food that your grandmother would not have eaten while growing up.

recommends consuming 1,800 and 2,200 calo- enediaminetetraacetate five times fast. If you ries a day, respectively.8 But remember, the really want chicken quesadillas, make them more active you are, the more calories you will yourself, using whole grain tortillas, grilled burn, and those calories need to be replenished chicken and fresh veggies. I know what you to maintain a healthy weight. are thinking-who has time? You do. Here are a few simple ways to eat better even when you Although calories are important, a daily con- don’t think you have time: sumption of six Snickers bars and four cans of Red Bull would be seriously inadequate. Just • Chop. Take a few minutes and chop onions, as important as total calorie intake is the type peppers, tomatoes, nuts or leftover meat and of food consumed. The government guidelines store in small baggies in the freezer. The veg- propose 4-5 servings a day of both fruits and gies can be easily added to spice up grilled vegetables, 6-8 servings of whole grains, six chicken or beef, or toss the chopped meat ounces of meat or other protein, 2-3 servings of with some frozen veggies and soysauce for a dairy, and 2-3 servings of fat.9 What is a serving quick stir-fry. Chopped nuts (I favor walnuts size, exactly? Smaller than society tells us it is. and pecans) can be used to add a little crunch to sauteed veggies or as a “breading” for One grain serving, for example, would be chicken or fish, that can be baked or pan- one 1-ounce slice of bread (about the thickness fried with a little olive oil. of your finger and the size of a CD), 1/2 cup of cooked rice or 1/2 cup of pasta.10 So that asiago • Bake . Love cookies? Grandma made her own cheese bagel from Panera Bread? Almost five and you should too. Whip up a batch of your favorite cookies, substituting at least half of servings!11 A serving of fruit? A medium-sized the flour with a whole wheat pastry flour. piece, about the size of a baseball.12 Dairy? A Also, substitute egg beaters for the eggs, and cup of milk, yogurt or 1.5 ounces of cheese- 13 try omitting a couple of tablespoons of sugar- about the size of two dominoes. And a 3- chances are you won’t miss it. When cool, ounce serving of meat is the size of a deck of 14 put one or two cookies in a baggie and store cards (remember—only two “decks” a day!). the entire batch in the freezer. This way, you But just because the government has told us have instant portion control, you can grab a what constitutes a serving, doesn’t mean res- bag on the way to work (they will thaw by taurants are listening. In a recent survey, 300 snack time), and if you are caught home chefs were asked questions regarding what alone with the cookies, you are less likely to they considered “normal” portion sizes. Over binge if they are frozen. Also, unlike Chips half suggested pasta portions that were six to Ahoy, I bet you can pronounce every ingredi- eight times larger than the government-recom- ent in the homemade version. mended serving.15 And the same number reported that they normally serve 12-ounce • Plan. Planning meals, even only a day ahead, steaks, twice the recommended daily amount. is key to a good diet. Eating every three hours or so, and incorporating snacks into In making daily food choices, I like to follow your day helps prevent filling up on fast two simple rules: First, stay away from any food and snacks from the vending machine. food that your grandmother would not have Just as you shop for your house, you should eaten while growing up. I don’t know about shop for the office. If daily planning is too you, but my grandma didn’t have access to much, once a week, bring healthy snacks and frozen chicken quesadillas from Sam’s. But if other staples needed for easy meals at work. you must break this rule, try to stick to the sec- The most important meal of the day is break- ond: don’t eat anything with ingredients you fast, so let’s start there. Quick and easy cannot pronounce. Try saying disodium ethyl- breakfast options include:

1134 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 — peanut butter on a slice of • Portion control. See supra. Most restaurants whole grain bread with a serve portions which are at least 2-3 times glass of lowfat milk; larger than they should be. Be aware of this and only eat the proper amount. Feeling a — a carton of yogurt (I use plain desire to “get your money’s worth?” Think yogurt and sweeten myself), of it this way-throwing away half of your $20 with a handful of nuts or half meal cost you $10–so what. We spend more cup of fiber rich cereal and a than that on diet pills and gym member- piece of fruit; (I keep baggies ships-and this healthy tip won’t cause side of nuts and cereal in the effects or sweat. pantry to grab on the go) • Befriend your waitperson. While it is easy to — whole grain cereal with lowfat order the grilled chicken or salmon, you may milk; not always get what you bargained for. All — boiled eggs, whole grain toast too often these seemingly healthy choices and V8 juice. arrive drowning in butter, an oily marinade or some other sauce. Talk to your waiter and Every meal should include protein to sustain ask questions. Order the meat plain without hunger. Good sources of protein include lean marinade. And if you are dying to try the meats and lowfat dairy products. Combine sauce, ask for it on the side. If it’s too good to these with whole grains (look at the label!) pass up, dip the tines of your fork in the which take longer to absorb into the blood- sauce before skewering the meat, instead of stream and you should have no problem stay- vice-versa. An easy way to get the flavor of ing awake during that deposition. Working the sauce without the mega calories (this tip through lunch? Leftover dinners make great works great on salad dressing too!) lunches (get out that tupperware). Also why not try baking or grilling a couple of extra • Healthy Choices. If you must eat on the run, pieces of meat at dinner for the next two days’ there are several healthy fast food options. lunches? Add some cottage cheese, steamed For breakfast, try an Egg McMuffin at veggies (Ziplock’s new freshsteam bags work McDonald’s. At 300 calories, it’s not an out- great in the office microwave) and a piece of rageous meal. Plus it has a good amount of fruit for an easy lunch. No time for dinner? lean protein from the egg and the Canadian That morning, take out meat, fish or poultry in bacon. To trim empty calories, remove the the fridge to thaw. When you get home, lightly top half of the muffin. For additional fiber, sautee on the stove with a little olive oil or grill add a fresh orange. For lunch, try the Happy on the “Foreman” grill for three to four Meal instead of the Big Mac Combo to save minutes. While grilling, pop some frozen veg- around 500 calories. If you must have the Big gies in the microwave for five minutes. Whole Mac, request only one piece of cheese. wheat cous-cous made with chicken broth No quick fixes, remember. A healthy diet is makes a great side dish and also takes only five only half the battle. Just as important is daily minutes! Another quick favorite of mine is stir- exercise. According to government recommen- fry. In a hot wok, combine leftover brown rice dations, individuals should aim for 60 minutes and meat, fresh or frozen veggies, soysauce, of moderate to vigorous intensity physical nuts and eggs. Forgot to take something out? activity on most days.16 In addition to a good Whole grain pancakes made from a mix and cardiovascular workout, however, you scrambled eggs take mere minutes. Looking should also aim for strength training exercises, for something more sophisticated? Cooked such as weight lifting, resistance band training, frozen shrimp take five minutes to thaw for an or pilates to build muscles and boost instant shrimp cocktail. Add some fresh fruit metabolism. and cheese with whole grain crackers and a glass of red wine (antioxidants!) for an elegant First, the cardio workout. “Moderate” inten- and quick meal. sity activity is any activity that takes as much energy as a brisk walk.17 This means walking Don’t own a microwave or even a dish? Ok, 1.5 to 2 miles in 30 minutes, at a pace which so maybe that’s exaggerating a bit, but I have breathing quickens and the heart beats faster.18 several friends who eat most meals out or keep If you’re like me, you like to do your entire their neighborhood take-out place in business. workout at one time and get it over with for the Yes, there are even ways that you can eat better day. If that’s the case, try watching movies while dining out. while on your home treadmill. There are tons

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1135 of movies I want to see, but never seem to have exercise, as well as specific advice regarding time to watch. Or if you are exercising outside, behavior modification techniques and medical be sure and take your ipod-chocked full of and surgical programs too. Registration in the your personal favorite songs. Don’t have time program is free, and participants are given to fit an hour long workout session into your access to individual progress charts to track busy routine? Good news-you don’t have to. weight loss. Breaking up a 60 minute workout into four 15 minutes sessions throughout the day is actually Remember, there are lots of ways to cut calo- better for you because your metabolism is ries and increase activity, even on the most boosted during each interval. Live in a two chaotic days. Use your imagination and have story house? Try getting up a little earlier and fun. Here’s to life! - hoofing it up and down the stairs for 15 min 1. F as in Fat: How Obesity Policies are Failing in America, August utes-you will be amazed at the results. Single 2007, www.healthyamericans.org. story house? No problem-most of us have 2. Oklahoma City Mayor Puts City on a Diet, Associated Press, Jan. 4, 2008. access to stairs at the office-take a 15 minute 3. Strong and Healthy Oklahoma at p. 24 (2007). break in the afternoon and do the same thing. 4. Strong and Healthy Oklahoma at p. 25 (2007). And as soon as you get home (before you even 5. Strong and Healthy Oklahoma at p. 25 (2007). 6. Strong and Healthy Oklahoma at p. 23 (2007). have a chance to think about it) change clothes 7. Dietary Guidelines for Americans (2005), United States Department and walk around your neighborhood for 15 of Health and Human Services, www.healthierus.gov/dietary guidelines. minutes. Busy with kids? Take them along- 8. Dietary Guidelines for Americans, ch. 2, table 3 (2005), United they need exercise too! States Department of Health and Human Services, www.healthierus. gov/dietaryguidelines. Too busy for even 15 minute sessions? No 9. These servings are based on a 2,000 calorie a day eating plan. See problem. There are lots of ways to incorporate Dietary Guidelines for Americans, Appendix A (2005), United States Department of Health and Human Services, www.healthierus.gov/ more movement into your daily routine. dietaryguidelines. 10. See http://pbskids.org. • When going to court, park on an upper 11. See www.panerabread.com. level of the parking garage and walk five 12. See http://pbskids.org. 13. See http://pbskids.org. flights down. (and up on the way back!) 14. See http://pbskids.org. 15. Oversized Portions? Blame the Chef, NY Times, November 27, • Instead of sending an e-mail or picking up 2007. the phone, walk down the hall and talk in 16. See www.mypyramid.gov/steps/getmoving.html. person-if the intended recipient is busy-that’s 17. See www.mypyramid.gov/steps/getmoving.html. 18. See www.mypyramid.gov/steps/getmoving.html. Ok, walk back down later. 19. See www.starbucks.com. • Use the bathroom on the third floor. • While sitting at your computer, do arm curls or leg extensions. Remember-the slower the better. ABOUT THE AUTHOR Whether you choose to take the stairs instead of the elevator or invest in an elliptical machine, Caroline Larsen is from the important thing to remember is that any Springfield, Mo., but has resid- activity is better than no activity. The same ed in Oklahoma for 12 years. advice too can be given where healthy eating is She received her undergradu- concerned. Opting for a skim latte over its full- ate degree from Southwestern fat counterpart saves over 14,000 calories a Oklahoma State University in year-that’s over four pounds!19 Oklahoma City Weatherford. She received her Mayor Mick Cornett agrees. Having recently J.D. from the University of lost weight, the mayor has challenged Okla- Oklahoma in 2001. She is cur- homa City residents to lose 1 million pounds in rently employed as a law clerk 2008. The initiative is set forth at www.thiscity- for the Honorable Robert E. Bacharach at the U.S. isgoingonadiet.com. The Web site includes a District Court in the Western District of Oklahoma. BMI calculator, resources for nutrition and

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Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1137 1138 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Work/Life Balance Family Responsibility Discrimination: Recognizing Unlawful Discrimination against Family Caregivers By Leah Avey and Tim Eisel

n May 2007, a California jury awarded over $2.3 million in damages in a pregnancy discrimination and wrongful Itermination lawsuit where a female delivery driver was placed on involuntary and unpaid medical leave within an hour after she informed the employer she was pregnant and could not lift more than 20 pounds.1 The employer simply assumed she could not continue to do her job. This is just one example in an ever growing line of cases addressing a type of discrimination referred to as “family responsibility discrimination.” As courts are increasingly recognizing, sex discrimination is not just refusing to hire or promote women or paying women lower wages than men. It also includes taking negative employment The term is used to describe a wide variety of actions based on gender stereotypes, including employer behavior, such as firing pregnant assumptions about how workers will or should employees because they are pregnant or will act in the workplace because of their family take maternity leave, giving promotions to caregiving responsibilities.2 women without children or fathers rather than to more qualified mothers, giving parents work WHAT IS FAMILY RESPONSIBILITY schedules they cannot meet for childcare DISCRIMINATION OR FRD? reasons while giving non-parents flexible Put simply, “family responsibility schedules, harassing and penalizing workers discrimination” is “employment discrimination who take time off to care for aging parents or sick spouses, or fabricating work infractions or against workers who have family performance deficiencies to justify dismissal of responsibilities.3 It is a form of gender employees with family responsibilities.5 discrimination in which workers are treated worse at work because of their caregiving FRD CLAIMS UNDER FEDERAL responsibility for children, elderly parents or ill STATUTES relatives.”4 The concept of family responsibility discrimination is not new, but claims of this

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1139 type of discrimination are becoming increas- conclusion, the court recognized the expressed ingly more common.6 While family caregivers objective of the legislation to minimize “the do not constitute a protected category under potential for employment discrimination on federal statutes, there are protections afforded the basis of sex by ensuring generally that under federal anti-discrimination and family leave is available ... on a gender-neutral basis.”15 leave acts.7 Many FRD claims are brought The Supreme Court found that the FMLA was under Title VII of the Civil Rights Act of 19648 designed to provide a “minimum standard of which prohibits sex discrimination. Title VII family leave for all eligible employees, applies to claims such as those involving irrespective of gender.”16 It acknowledged the treatment of women with children that is restrictive nature of a cause of action under the different from treatment of men with children, FMLA where recoverable damages are strictly stereotyping of women as mothers, or denial to defined and measured by actual losses and the male caregivers of leave or benefits available to accrual period for backpay is limited by the female caregivers.9 act’s two year statute of limitations (or three 17 In Lust v. Sealy Inc.,10 a female sales manager years for willful violations). brought a sex discrimination claim pursuant to Similarly, other federal statutes, such as the Title VII alleging she was discriminated against Americans with Disabilities Act,18 Equal Pay when her employer passed her over for a Act of 196319 and ERISA20 also contain promotion in favor of a male employee. The protections against these kinds of discriminatory jury awarded $100,000 in compensatory acts.21 damages and $1 million in punitive damages (later reduced) after her supervisor admitted EEOC GUIDELINES: UNLAWFUL he had not considered her for a promotion DISPARATE TREATMENT OF WORKERS because she had children, assuming she did WITH CAREGIVING RESPONSIBILITIES not want to relocate her family in spite of her The EEOC has recognized the growing trend repeated expressions of interest in obtaining a of claims in this area and recently issued new promotion. guidelines addressing unlawful disparate Other federal statutes also provide protection treatment of workers with caregiving against FRD. The Pregnancy Discrimination responsibilities.22 The following is an overview Act, a 1978 amendment to Title VII,11 prohibits of the guidelines which are intended to illustrate discrimination based on pregnancy, plans to circumstances where stereotyping or other become pregnant and childbirth. The Family forms of disparate treatment may violate Title and Medical Leave Act of 1993 (FMLA)12 VII or the prohibition under the ADA against prohibits discrimination or retaliation against discrimination based on a worker’s association employees who have taken FMLA protected with an individual with a disability. leave, and it has been used to protect employees The guidelines do not create a new protected who take leave in connection with the birth or class and do not attempt to address every adoption of a child or to care for a seriously ill 13 possible discrimination scenario under all family member. statutes.23 They address several forms of The U.S. Supreme Court was given the unlawful disparate treatment of caregivers, opportunity to examine the FMLA in the including 1) sex-based disparate treatment of context of an FRD claim in Nevada Dep’t of female caregivers; 2) pregnancy discrimination; Human Res. v. Hibbs.14 A male employee of the 3) discrimination against male caregivers; 4) state of Nevada claimed his employer violated discrimination against women of color; 5) the FMLA when it terminated him after he unlawful caregiver stereotyping under the used FMLA leave to care for his spouse as she ADA; and 6) hostile work environments.24 recuperated after a car accident and resulting SEX-BASED DISPARATE TREATMENT OF surgery. The trial court granted summary FEMALE CAREGIVERS judgment to the employer on the grounds that the FMLA claim against the state was barred Employment decisions that discriminate by the 11th Amendment. The U.S. Supreme against workers with caregiving responsibilities Court held that state employees may recover are prohibited by Title VII if they are based on monetary damages in federal court in the event sex or another protected characteristic.25 Such a of a state’s failure to comply with the FMLA’s claim can be proven using any of the types of family care provisions. In reaching this evidence available in other sex discrimination

1140 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 cases.26 Examples of relevant evidence might an employer’s performance assessment that include: arise after a female becomes pregnant or an employee assumes caregiving responsibilities.30 • whether an employer asked female appli- These assessments must be supported by cants, but not male applicants about their specific, objective criteria or otherwise may be family situation, caregiving responsibili- seen as a pretext for an adverse employment ties or childcare arrangements; decision based on stereotypes that female • whether decision makers or officials caregivers should not, will not or cannot be made stereotypical or derogatory com- committed to their jobs. Such stereotypes are ments about pregnant workers, working sex-based, and adverse actions based on these mothers or other female caregivers; stereotypes therefore violate Title VII.31 • whether women were subject to less favorable treatment soon after the employer became aware they were pregnant; • whether less favorable treatment was given to women after they assumed caregiving responsibilities where there was no decline in work performance; • whether female workers without caregiving responsibilities received more favorable treatment than female caregivers based on stereotypes; • whether an employer steered or assigned women with caregiving responsibilities to less prestigious or lower paid positions; • whether male workers with caregiving responsibilities received more favorable treatment than female workers; • whether statistical evidence shows dispa- For example, a new mother rate treatment against pregnant workers or female caregivers.27 may be perceived by her employer Title VII does not prohibit discrimination as being less capable and skilled based solely on parental or other caregiver status, so an employer does not generally than the childless female violate Title VII’s disparate treatment proscription if, for example, it treats working or male employees. mothers and working fathers in a similar unfavorable manner as compared to childless workers.28 Yet, a Title VII violation would be This is true even for employment decisions shown where an employer treated female based on gender stereotypes made with good workers less favorably than males based merely intentions and thought by the employer to be on an assumption that female workers will in the “best interest” of the employee.32 For assume caregiving responsibilities or that their example, an employer might assume that a caregiving responsibilities will interfere with 29 working mother does not want to relocate or their performance. would not accept an increase in workload as For example, a new mother may be perceived required by a promotion opportunity and by her employer as being less capable and therefore fails to consider the employee for the skilled than the childless female or male promotion. Another example might be an employees. The guidelines encourage employer who projects his own views that a investigators to watch carefully for changes in mother should be home with her children onto

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1141 a female employee and therefore does not provide the employee with meaningful assignments. The guidelines categorize such decisions as “benevolent stereotyping” and note that adverse actions based on sex stereotyping violate Title VII, regardless of the good intentions of the employer.33

…unlawful assumptions about working fathers and other male caregivers have sometimes led employers to deny male employees opportunities both male and female, who had similar that have been provided unsatisfactory performance that did not improve within a reasonable time. The to working women or to guidelines state this is not a violation of Title VII, as the adverse action was based upon the subject men who are employee’s actual work performance rather primary caregivers than on assumptions or stereotypes.35 An employer violates Title VII if gender is a to harassment or other “motivating factor” in the adverse employment decision, regardless of whether the employer disparate treatment. was also motivated by a legitimate business reason.36 However, if an employer can show it would have taken the same action even absent the discriminatory motive, the employee will not be entitled to reinstatement, back pay or Of course, employment decisions based on 37 an employee’s actual work performance, rather damages. than assumptions or stereotypes, do not PREGNANCY DISCRIMINATION generally violate Title VII, even if an employee’s unsatisfactory work performance is attributable Reflecting the trend of FRD cases as a whole, to caregiving responsibilities.34 For example, the number of pregnancy discrimination consider an employee that returns from complaints filed with the state and federal maternity leave and begins missing work enforcement agencies has increased over 30 frequently because of difficulty in obtaining percent between 1992 and 2005.38 Employers childcare. As a result, she misses several can violate Title VII by making assumptions important deadlines and the firm loses an about pregnancy, such as assumptions about important client. The employee is given a commitment of pregnant workers, their ability written warning about her performance but to perform certain physical tasks or the effect her continued childcare difficulties result in of the pregnancy on job performance.39 The further missed deadlines. The firm transfers guidelines strongly discourage employers from the employee to a different department where making pregnancy related inquiries, noting she is excluded from high profile cases and that the EEOC will generally regard a given work with fewer time constraints. Her pregnancy-related inquiry as evidence of treatment is comparable to other employees, pregnancy discrimination where the employer

1142 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 subsequently makes an unfavorable job UNLAWFUL CAREGIVER STEREOTYPING decision affecting a pregnant worker.40 In UNDER THE AMERICANS WITH addition, an employer may not treat a pregnant DISABILITIES ACT worker who is temporarily unable to perform The ADA prohibits an employer from some of her job duties because of pregnancy discriminating against a non-disabled less favorably than workers whose job individual because of the individual’s performance is similarly restricted because of relationship or association with a disabled conditions other than pregnancy.41 individual such as a child, spouse or parent.48 DISCRIMINATION AGAINST MALE Thus, an employer may not treat a worker less CAREGIVERS favorably based on stereotypical assumptions about the worker’s ability to perform job duties While working women have generally borne satisfactorily while also providing care to a the brunt of gender-based stereotyping, relative or other individual with a disability.49 unlawful assumptions about working fathers For example, an employer may not refuse to and other male caregivers have sometimes led hire a job applicant whose wife has a disability employers to deny male employees because the employer assumes the applicant opportunities that have been provided to working women or to subject men who are primary caregivers to harassment or other disparate treatment.42 For example, an employer can violate Title VII by granting female employees’ requests for leave for childcare purposes while denying similar requests for male employees, or offering part-time or flexible work arrangements for females only.43 While Title VII permits employers to provide women with leave specifically for the time they are incapacitated because of pregnancy, childbirth and related medical conditions, employers may not treat either sex more favorably with respect to other kinds of leave.44 Thus, to avoid a potential Title VII violation, the EEOC encourages employers to carefully distinguish between pregnancy related leave and other forms of leave, ensuring that any leave specifically provided only to women is The guidelines further recognize limited to the period that women are incapacitated by pregnancy and childbirth.45 ‘intersectional discrimination,’ DISCRIMINATION AGAINST WOMEN meaning discrimination specifically OF COLOR Women of color who are caregivers may directed toward women of a particular encounter multiple types of discrimination as when a Latino working mother is subjected race or ethnicity… to discrimination by a supervisor based on his stereotypical notions about working mothers as well as his hostility toward 46 would have to use frequent leave and arrive Latinos generally. The guidelines further late due to his caregiving responsibilities to his recognize “intersectional discrimination,” spouse.50 Interestingly, though, while the ADA meaning discrimination specifically directed requires an employer to provide a reasonable toward women of a particular race or ethnicity, accommodation (which can include part-time rather than toward all working women, or modified work schedules) for qualified resulting, for example, in less favorable individuals with disabilities, an employer is treatment of black working mothers than white 47 not required to provide a reasonable working mothers. accommodation to a person without a disability

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1143 due to that person’s association with someone DISPARATE TREATMENT VERSUS with a disability.51 Thus, an employee would DISPARATE IMPACT not be entitled to a modified work schedule as Workers subject to disparate treatment based an accommodation to enable the employee to on a protected characteristic such as sex, care for a family member with a disability.52 pregnancy or the right to FMLA leave fall HOSTILE WORK ENVIRONMENT within the guidelines and may pursue a remedy under a FRD theory. But what about policies The same legal standards that apply to other that have disparate impact on individuals forms of harassment prohibited by the federal involved in family caretaking activities? In a statutes also apply to unlawful harassment 60 53 meeting before the EEOC on April 17, 2007, directed at caregivers or pregnant workers. policies were identified that disproportionately Thus, employers may be liable if workers with impact employees who have caregiving caregiving responsibilities are subjected to responsibilities, but yet do not offend federal offensive comments or other harassment anti-discrimination statutes. because of race, sex (including pregnancy), association with an individual with a disability, One example is an employer’s policy against or another protected characteristic and the telecommuting. In an age when the Internet conduct is sufficiently severe or pervasive to provides access to many services and create a hostile work environment.54 information from any location, many employees would rather work from home so that they RETALIATION may provide care for their dependent children. Employers are prohibited from retaliating However, an employer may have legitimate against workers for opposing unlawful reasons for prohibiting the telecommuting discrimination, such as by complaining about arrangement, such as avoiding an unsupervised gender stereotyping, or for participating in the workforce, efficiency concerns or the EEOC charge process, either by filing a charge increased distractions of home versus those at or testifying for a complaining coworker.55 The the office. A uniformly applied prohibition on statutory retaliation provisions protect telecommuting, although it may impact those individuals against any form of with caregiving responsibilities retaliation that would be more directly, is not in violation reasonably likely to deter of law protecting against dis- someone from engaging in criminatory employer conduct.61 protected activity.56 The guidelines note that caregivers may be particularly vulnerable to unlawful retaliation because of the challenges they face in balancing work and family The same legal responsibilities.57 The Supreme Court has noted that a “schedule standards that apply to change in an employee’s work schedule may make little other forms of difference to many workers, but may matter enormously to a harassment prohibited young mother with school age children.”58 Thus, these statutes by the federal statutes would prohibit a retaliatory schedule change, elimination of also apply to unlawful flex-time or part-time scheduling, or any other act that would be harassment directed at reasonably likely to deter a caregiver from engaging in caregivers or pregnant protected activity.59 workers.

1144 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Another unprotected impact might be felt not based on false assumptions about through an employer’s strict attendance policy. commitment or productivity. Work assignments Such a policy might have a disparate impact should be handed out based on objective for those with caregiving responsibilities. For criteria and caregivers should be offered the instance, employees may be impacted who same opportunity as other workers to receive need to arrive late after dropping a child off at promotions, high profile or meaningful school or who may care for a disabled assignments, or specialized training. individual. Each must still adhere to the Performance reviews, bonuses and raises attendance policy. Flexible scheduling for should be based upon clear work objectives parents or a scheduling accommodation for and pay policies should be equitable.68 someone associated with a disabled individual In addition, employers should consider is not required under Title VII or the ADA. revising their anti-harassment policies to Although caregivers might be more obviously specifically include discrimination directed impacted, again, no protection is afforded toward caregivers as prohibited harassment. when a policy is uniformly administered.62 Harassment training should include programs Some employers pay part-time workers to assist managers and decision makers in performing the same kind of work a recognizing and preventing FRD in the proportionately lower salary than those workplace. It is also important that caregiver working full-time. Under a family responsibility harassment complaints be taken seriously and theory, part-time workers claim that they handled in accordance with the employer’s should be “paid proportionately to full-time established policies and procedures for workers and receive equally challenging and handling other types of harassment interesting assignments.”63 Does the Equal Pay complaints. Act guarantee equal pay for equal work, or Given the changing demographic of the labor proportionate pay and equal work for an force, employers should consider offering employee?64 Should a part-time female quality, non-stigmatized reduced hours, flexible employee be compared to a part-time male schedules or part-time positions. Other options employee under the EPA, or compared to a might include telecommuting programs or male employee who performs the same job on other non-traditional working environments.69 a full-time basis? In Lovell v. BBNT Solutions,65 By being proactive in addressing these issues the court held as a question of fact whether a in the workplace, employers can prevent full-time employee was the proper comparator unlawful family responsibilities discrimination for a plaintiff with a reduced schedule, and in their workplace and avoid the liability that that a prima facie case based on the full-time comes along with it. comparator was not precluded. In contrast, the 66 court in Ilhardt v. Sara Lee Corp. (Title VII case) 1. Yaire Lopez v. Bimbo Bakeries USA Inc., (Cal. Super. Ct., San Fran- found that “full-time employees are simply not cisco County) (May 27, 2007). 2. Gender stereotyping is often associated with working mothers similarly situated to part-time employees . . . and triggered when an employee announces her pregnancy, takes or part-time employees work fewer hours and returns from maternity leave, or requests or adopts a flexible or part receive less pay and fewer benefits.”67 Therefore, time schedule after becoming a mother. Even so, caregiving responsibilities are not limited to childcare and include caring for elderly or depending on the facts of the case and the sick parents, spouse or other relatives. Also, while females are still proper comparator, it is not a foregone responsible for the majority of caregiving, men are increasingly taking a greater role in these responsibilities and thus are vulnerable to the conclusion that the practice of paying part- same kinds of discrimination. See Current Law Prohibits Discrimination time employees less will survive a claim of Based on Family Responsibilities & Gender Stereotyping, Summer 2006, www.worklifelaw.org/pubs/IssueBriefFRD.pdf, at 1-2.; EEOC Enforce- disparate impact. ment Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities, www.eeoc.gov/policy/docs/caregiving.html, at 3 RECOMMENDATIONS FOR EMPLOYERS (noting that between 1965 and 2003, the amount of time men spent on childcare nearly tripled, and men spent more than twice as long per- Given the increased attention to these issues forming household chores in 2003 as they did in 1965). and the growing number of caregivers in the 3. Work Life Law Center, a Center of UC Hastings College of the Law, www.worklifelaw.org/. marketplace, employers should review their 4. Current Law Prohibits Discrimination Based on Family Responsibili- workplace policies and practices to ensure a ties & Gender Stereotyping, supra note 2. 5. www.worklifelaw.org, supra note 3. non-discriminatory work environment. Policies 6. As of 2005, the number of FRD cases filed in the past decade relating to attendance and leave should be increased by nearly 400 percent over those filed in the previous decade. Current Law Prohibits Discrimination Based on Family Responsi- reviewed to ensure leave requests are considered bilities & Gender Stereotyping, supra note 2, at 4. on a gender neutral basis. Hiring and promotion 7. Even without a statute that expressly prohibits FRD, employees criteria should be related to business needs and are protected by several statutes from discrimination based on caregiv-

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1145 ing obligations including Title VII of the Civil Rights Act of 1964, the 50. Id. Pregnancy Discrimination Act, the Family and Medical Leave Act, 51. Alex B. Long, Employment Law and Work-Life Balance, at 8 (semi- Americans with Disabilities Act, Equal Pay Act and ERISA. Frequently nar paper citing 42 U.S.C. § 12112(b)(5)) BEST OF OBA/CLE 2006, Asked Questions about FRD, www.worklifelaw.org/FRDFAQ.html. See Oklahoma Bar Assoc. 2006. also www.worklifelaw.org/pubs/Model_Policy_for_Employers.pdf at 52. Id. (citing 29 C.F.R. app. § 1630.9). 7 (compiling list of applicable statutes and examples of case law 53. See Guidelines, supra note 22, at 17. involving claims based on various statutes). 54. Id. 8. 42 U.S.C. § 2000e - 2000e-16 (as amended). 55. Id. at 18. 9. Frequently Asked Questions about FRD, www.worklifelaw.org/ 56. Id. FRDFAQ.html. 57. Id. 10. 277 F. Supp.2d 973 (W.D. Wis. 2003), aff’d 383 F.3d 580 (7th Cir. 58. See id. at 18 (citing Burlington N. & Santa Fe Ry. Co. v. White, 126 2004). S. Ct. 2405, 2415 (2006)). 11. 42 U.S.C.S. § 2000e et seq. 59. Guidelines, supra note 22, at 18. 12. 29 U.S.C. §§ 2601 et seq. 60. Perspectives on Work/Family Balance and the Federal Equal Employ- 13. Frequently Asked Questions about FRD, supra note 9. ment Opportunity Laws, Meeting of April 17, 2007, Remarks of Zachary 14. 538 U.S. 721 (2003). D. Fasman, www.eeoc.gov/abouteeoc/meetings/4-17-07/fasman. 15. Id. at 740, n.2. html. 16. Id. at 737. 61. Id. 17. Id. at 740. 62. Id. 18. 42 U.S.C. §§ 12101 et seq. 63. Id. 19. 29 U.S.C. § 206(d). 64. Id. Fasman states that the disparate impact when an employee 20. Employee Retirement Income Security Act of 1974, 29 U.S.C. § “does not commit equal time to his work endeavors” is not discrimina- 1001, et seq. tory even though the population of part time workers is disproportion- 21. See also Back v. Hastings on Hudson Union Free School District, 365 ately composed of women with childcare responsibilities. F.3d 107 (2d. Cir. 2004) (finding denial of tenure for a female school 65. 295 F.Supp. 2d 611, 619 (E.D.Va. 2003). psychologist violated 42 U.S.C. § 1983 where she had received positive 66. 118 F.3d 1151 (7th Cir. 1997). performance reviews until she became a mother and was thereafter 67. Id. at 1155. subjected to comments by her supervisors such as it was “not possible 68. www.worklifelaw.org/pubs/Model_Policy_for_Employers. for [her] to be a good mother and have this job” and they “did not pdf, at 5. know how she could perform her job with little ones.”). 69. www.worklifelaw.org/WorkplaceRedesignFlexibility.html 22. The Guidelines can be found at www.eeoc.gov/policy/docs/ There is substantial evidence that workplace flexibility enhances caregiving.html. employee satisfaction and job performance and that employers can 23. For instance, the Guidelines note that an employer may also thus benefit by adopting such flexible workplace policies by, for have specific obligations toward caregivers under other federal stat- example, saving money on retention costs. See Guidelines, supra note utes, such as the FMLA or under state or local laws. Id. at 2. It is also 22, at 4. important to note that the Guidelines only address intentional disparate treatment discrimination and do not address disparate impact discrimination. Of course, a seemingly neutral policy that has a disparate impact on caregivers may be evidence of sex discrimination. For ABOUT THE AUTHORS example, rules that workers cannot use sick days to care for sick family members; restrictions on leave or absences within certain periods of time; compensation structures that reward (or penalize) employees Leah M. Avey is an associate based on the number of hours they work rather than productivity or performance during working hours; and definitions of “full-time” jobs with Whitten, Burrage, Priest, as requiring 50 or more hours per week. See Current Law Prohibits Dis- Fulmer, Anderson & Eisel. She crimination Based on Family Responsibilities & Gender Stereotyping, supra, note 2, at 3. graduated with honors from 24. Guidelines, supra note 22, at 1-2. Oklahoma City University 25. Id. at 5. 26. Id. at 4. The Guidelines state that while comparative evidence School of Law in 2007 and is may be useful, it is not necessary to establish a violation. Rather, cases admitted to the Oklahoma, should be resolved on the totality of the evidence. Id. at n.43. 27. Id. at 5. Western District and Tenth 28. Id. at 6. Circuit bars. She currently 29. Id. at 6. practices primarily in the area 30. Id. at 11. 31. Id. of employment law. 32. Id. at 9. 33. Id. at 9-10. 34. Id. at 9. Timothy D. Eisel is a partner 35. Id. at 9. with Whitten, Burrage, Priest, 36. Id. at 7. 37. Id. Fulmer, Anderson & Eisel. He 38. Current Law Prohibits Discrimination Based on Family Responsi- received his J.D. with honors bilities & Gender Stereotyping, supra note 2, at 4 and n. 31. 39. Guidelines, supra note 22, at 12. from the University of Okla- 40. Id. homa College of Law in 1992. 41. Id. He has significant experience 42. Id. at 14. 43. Id. litigating employment matters 44. Id. and is a frequent speaker at 45. Id. 46. Id. at 15. human resource seminars on a 47. Id. wide variety of topics. 48. 42 U.S.C. § 12112(b)(4). 49. Guidelines, supra note 22, at 16.

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Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1147 1148 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Work/Life Balance Mistakes We Make under Pressure By Dr. Wenona R. Barnes tress is up everywhere in the USA. A national survey on the state of stress in America released by the American SPsychological Association (APA), finds that money and work are the biggest stressors for almost three-quarters (74%) of Americans. That’s up from 59 percent for both last year. In June 2005, ABA Director Robert A. Stein reported that one out of every four lawyers suffers from the effects of stress. Between 20 to 25 percent of lawyers suffer from stress so severe it impairs their practice. Why are we all so stressed? Pressure.

We all face pressure in our daily lives both per- profession. He also cited a study of Canadian sonally and professionally. There are enough lawyers that showed suicide to be the third pressures on attorneys; it’s critical to be aware leading cause of death for attorneys, behind of the danger signals for the three deadly dis- only cancer and heart disease. orders you face…drug and alcohol addiction, So if pressure is leading us to stress, to the depression and suicide. point of addictions and depression, we have to There are many different studies and statis- do a better job of handling our pressures. The tics to stand behind our concerns. The ABA key is putting ourselves into a better position Commission on Lawyers Assistance Programs for handling the pressure whenever the pres- research shows that while 10 percent of the sure comes into our life. Kevin Sweeney, a public suffer from alcoholism, almost 20 per- leadership expert, identifies seven mistakes we cent of the legal profession (1 in 5 lawyers) suf- make when we are under pressure. Let’s look fers from alcoholism. These higher rates of at the mistakes he lists in more detail, and that alcoholism in lawyers also explain the higher in turn can lead us in the right direction. rate of clinical depression. There is a definite MISTAKE #1 relationship between alcohol and depression. Statistics from the ABA research show that Putting yourself into a known position of approximately 30 percent of all depression pressure. cases are alcohol induced. When a lawyer stops Look ahead, when you have that important drinking and remains sober for an extended trial or presentation, get to the courthouse or period, depression disappears because alcohol presentation room early. Survey the room, feel is a drug that operates as a central nervous prepared and re-check your evidence or audio system depressant. Additionally, Michael visuals. If something is amiss, you have time to Cohen, executive director of Florida Lawyers fix it. Assistance Program has presented some star- tling statistics…over one-third of attorneys say How many times have we seen someone they are dissatisfied and would choose another rush into the room at the last minute only to profession if they could. Attorneys have the find they are missing something or have some- highest rates of depression and suicide of any thing in the physical set up of the room go

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1149 wrong, and there is no In business we tend time to fix it? to allow ourselves to think we are way too Now, the person busy to stop and think feels they are under about alternatives, but extreme pressure. This if you look at the peo- pressure is self ple who are the most induced, if they would successful, they are have gotten there ear- the ones prepared for lier, the problem they the unexpected — Join had could possibly be that group! ‘no sweat.’ MISTAKE #3 Leave early for an important client meet- Being afraid to make ing so that you can get a decision under stuck in traffic and still pressure. be on time. Traffic jams When we get under happen; we all know Leave early for an pressure it is very which route is most easy to be afraid to susceptible to a traffic important client meeting so that make a decision problem. When you because you are afraid are going to take that you can get stuck in traffic to make the wrong route, leave early. decision. Trust your- Don’t schedule meet- and still be on time. self, if you have pre- ings too close together. pared you will make a Yes, we are busy, but good decision. You how many times have don’t have to make a you sat in a meeting that is running over look- ‘perfect’ decision; you just have to make a good ing at your watch feeling your blood pressure decision. rise because you know you are going to be late Under pressure you typically have alterna- to your next meeting? So what happens? You tives, pick one, and don’t worry about it. Sure quit listening to the meeting you are in and some alternatives are better than others, but then you are late to your next meeting. This more than one of the alternatives is more often causes you to be at less than your best in both than not acceptable. What will increase the meetings. Remember, YOU put yourself in this pressure is not making a decision. position, don’t do that. Think ahead; avoid putting yourself into a known position of pres- MISTAKE #4 sure. You can control the situation by putting yourself into a position for success. Failing to address pressure when it happens. MISTAKE #2 When we are under pressure it is very easy to let your mind wonder onto something else that Failing to prepare to handle pressure. doesn’t have anything to do with the situation at hand, don’t let that happen. Focus on the Spend some time thinking about what you task at hand and clear out all the extraneous would do if something goes wrong. We want to thoughts from your mind. Ignore the immate- think positive, but experience has shown us rial and focus on what you need to do to from time to time the unexpected happens. address the pressure you are under. Unexpected, I say if you have thought about it, it is not unexpected. This thought process Have you ever been in a meeting where you alone relieves some of the pressure. Flight are going over some tough decisions; decisions crews consistently practice for the day when that will have important repercussions for something goes wrong, the day they lose an your organization? The conversation in the engine or hydraulic pressure, so that when that meeting turns to something that has nothing to day happens they are prepared. This makes it a do with the task at hand. This will just increase lot less stressful and allows you to be able to the pressure of the meeting. Be the one to take concentrate more fully on the task at hand. the meeting back to the tough questions. Put-

1150 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 ting off pressure does not alleviate it and actu- When you get that reputation for being the ally tends to increase the pressure. When you best teammate, what will that do for you? A are the one in the organization that is recog- minimum of three things: 1) Everybody will nized as the person who effectively deals with want to be on your team, you will get the best pressure by taking it talent. 2) Everybody will head on and doing realize they have to give the right thing under you the best value because pressure, you will everybody wants to be on receive the respect your team. You will never of your peers, subor- hear those infamous dinates will want to words, “that’s not my job, be on your team, get somebody else” and superiors will because everyone will realize you are the realize that they have to one to go to when give you the best value or the pressure is on. you will get somebody to Properly addressing replace them. 3) You have pressure head on the best talent and the best will advance your value on your team, you career. will have the highest productivity, and you will MISTAKE #5 have the pinnacle team all Failing your team- because you have the rep- mates when under utation of being a great pressure. teammate under pressure. Someone that is support- When you see that ive and will cover your look of pressure on teammates backside. the face of one of your teammates, MISTAKE #6 help them. Don’t be Losing your confidence the one that runs the under pressure. other way. From time to time, we all If you have gone over are going to be under your case, you have pre- pressure, when we pared, you have learned are under pressure to focus on the right thing we need the support at the right time in the ofour teammates. The dictionary says self right order, and you have Helping your team- learned to ignore the mate under pressure confidence is belief in one’s own immaterial, you have set will set the prece- yourself up. Now just dent for them to help ability, power or judgment. believe in your ability you when you get under pressure. The dic- that look of pressure tionary says self confi- on your face. The old saying goes, you are only dence is belief in one’s own ability, power or as good as your weakest link. When a team- judgment. Self confidence is a state of mind mate cannot function properly, your team has a where you think of a situation in terms of I can, broken link and will not be effective. The bro- I will, I expect and I did it. ken link will increase the pressure on the rest of When our society looks at professional ath- your team for normal operations substantially. letes we expect them to perform in the crucial People on the team will be called upon to do situation in the game because “they get paid to multiple jobs. If you address the pressure do that.” When you talk to professional ath- quickly you will alleviate the pressure on your letes, they expect to perform in the crucial situ- team and become known as a great teammate. ation in the game because they have prepared The teammate everybody wants to have. and they are confident in their abilities. In pres-

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1151 sure situations, in our personal or professional emergencies. We have to be able to successfully lives, we should think of pressure in the same handle pressures when others are falling apart. vein as professional athletes. If we have pre- We have to handle the pressures, and in doing pared then expect yourself to excel. Expect to so, you will give the others around you a sense be able to handle the pressure. Once you get to of calmness that they may desperately need. the level of expect, you will be surprised at Expect pressure, it will happen no matter how quickly you will be able to say, “I DID how hard we try to avoid it. Just take a deep IT!” breath then handle it. When you feel you are MISTAKE #7 caving under pressure – stop, think, collect your wits. Believing that pressure won’t happen to you. Expect to be put under pressure might sound trite at first, but stop and think about it. Is it a ABOUT THE AUTHOR shock to our system whenever we are put under pressure? If we were a salesperson, Wenona R. Barnes is CEO wouldn’t we expect to have that sales call that and a counselor at LifeFocus will make the difference between making our Counseling Services. She works quota or not? If we were a project manager, with the OBA’s Lawyers wouldn’t we expect to have a problem on the Helping Lawyers Program. She project at some point in time? If we worked in founded LifeFocus in March Human Resources, don’t we expect to have 2004 and has been in the field that pressure packed counseling session or for 18 years. She obtained her tough interview at some point in time? doctoral degree in psychology from Carrington University in We often try to avoid pressure which is a 2003, a master’s degree in human relations from the normal human flight or fight response, but University of Oklahoma in 1994, and a bachelor when it does happen don’t let it crush you. of arts degree in criminal justice from Cameron Expect it, and then deal with it. University in 1991. Her true passion is enjoying her Attorneys are a lot like counselors; we have family. had to deal with many crisis situations or

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1152 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 LAWYERS HELPING LAWYERS

If you need help coping with emotional or psychological stress please call 1 (800) 364-7886. Lawyers Helping Lawyers is confidential, responsive, informal and available 24/7.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1153 1154 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Work/Life Balance What We Have Here is a Failure to Communicate: Cross-Cultural Communication 101 for Lawyers By Teresa Rendon and Michael Duggan

e shared our perspectives as attorney and court interpreter in writing this article. We started with the Wpremise that communication between attorney and client is difficult from its inception, already primed for misunderstanding. The communication difficulty increases with every difference between the attorney and the client, running the gamut from differences of gender and language to culture. Attorneys who enter the attorney/client relationship knowing that these differences may impair client communications will be prepared to overcome the difficulties and build better relationships.

SHE’S OFF TO SEE THE WIZARD ligence or integrity; lawyers sense clients don’t Dorothy comes in with a slip-and-fall. Bang! respect their knowledge and skills. Clients Lawyer Wizard instantly forms a negligence become angry, then bitter; lawyers become elements checklist in his mind. Examination of hurt, then cynical. Neither side understands client begins. While Dorothy rambles on about why the other acts as he or she does. supervisor Art, Wizard is only half listening. Lack of communication is the number one His focus is on wrenching out of this patheti- complaint of attorneys’ clients.1 It is the num- cally non-legal morass, the elements he needs 2 for a successful case. Client, not dumb, is half- ber one source of bar complaints nationwide. listening to Wizard. In her mind, she is won- Lawyers rank first on the list of most distrusted 3 dering, “Why did he just cut me off about Art? professions. Americans, touted as the most He’s the cause of the whole thing. Is this guy litigious people in the world, actually seek out stupid?” lawyers only as a grudging last resort. Busi- nesses selling forms and software for do-it- Is any of this fun? We think not. Both edges of this chasm are bewildered at what is going yourself law have become a growth industry, on. Clients feel as though lawyers could not while lawyer jokes are as popular as ever. One care less about their stories or their feelings colleague tells us that of his disgruntled crimi- while lawyers believe clients don’t know or nal defendant clients, they reserve their most care about all the work they do for them. Cli- intense animus for him—much more than any ents feel like lawyers don’t respect their intel- prosecutor, judge or jury.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1155 Lawyers respond with an equally healthy able barriers between the two genders. Debo- disrespect for their clients. We sit in our offices rah Tannen’s work You Just Don’t Understand5 and swap war stories about the four dreaded also reflects on gender differences in these con- words heard all too often from clients: “Oh, by versational styles with the goal of creating lines the way.” Halfway through a case, the client of effective communication between men and drops a bomb which destroys everything. We women. While these authors have been accused sympathetically roll our eyes as we joyfully of being overly simplistic, essentialist, even wallow in our little pool of dysfunction— misogynistic, they suggest something signifi- another beautiful case ruined by the client. The cant and fundamental about communication: “wise” lawyer either ignores the client’s cease- gender exerts a ponderous influence on the less calls or shunts them to an underling. There ways humans send and receive information. are a hundred matters to attend to that are Another popular author and presenter, Ruby more important than fielding irrelevant ques- Payne,6 offers a view on communication tions or hopelessly trying to explain legally between members of various socio-economic complex concepts to a lay person. The client is classes. Her premise — that people in poverty a significant obstacle to our doing what we share a single mindset — supports a deficit should be doing—prosecuting the client’s case. The sad truth is that while Wizard might end up with a well-drafted complaint, he is likely to know very little about what he needs to …gender exerts a ponderous know about the case. A good lawyer knows the hundred directions a case can go in after it’s influence on the ways humans send filed. If Wizard could get inside client Doro- thy’s head, know everything she knows, there and receive information. could never be any “Oh, by the way” bomb. Plus her knowledge and experience might open up vistas— a product liability angle, a sexual theory of poor harassment people which claim, punitive cavalierly damages, etc. ignores system- Wizard has effec- ic inequities tively destroyed and overly sim- all rapport and plifies complex trust with Doro- individuals. thy and set him- Payne does, self up for the however, sug- future disasters gest an impor- that he will later tant point of blame on anoth- view: socio-eco- er “ungrateful nomic class is a client.” Wizard filter through forgot rule num- which we trans- ber one: The cli- mit and receive ent knows more information. What these authors omit is that about the case than the lawyer. people communicate based not on one single IF MEN ARE FROM MARS AND WOMEN factor but a complex, almost kaleidoscopic set ARE FROM VENUS, WHAT PLANET ARE of factors: gender, race, ethnicity, religion, cul- LAWYERS FROM? ture, language and socio-economic status, among many others. John Gray’s bestseller “Men Are from Mars, Women are from Venus”4 is based on the prem- While clients come in all shapes, colors and ise that men’s and women’s vastly distinct creeds, the population of lawyers does not communication styles erect seemingly impass- reflect the composition of society as a whole.

1156 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Despite an increase in minority enrollment in city with street and highway signs in English, law schools, U.S. lawyers continue to be more etc., all high stakes activities. They often resist likely to be male (73%) and white (88.8%).7 exposing their lack of English comprehension Although race and gender are immutable char- for fear of appearing ignorant, uneducated or acteristics and are therefore not within the “fresh off the boat.” In a valiant effort to save lawyer’s control, what is within the lawyer’s face, many adults will nod or say “yes” to control is her openness to clients who are dif- statements which they don’t completely under- ferent than she and her willingness to adopt an stand; after all, they have a 50 percent chance attitude of cultural sensitivity. In other words, of being right. When attorneys are explaining to borrow a rather trite but appropriate phrase, legal matters to limited English-speaking try to imagine walking in that person’s shoes. clients without the benefit of an interpreter, If we, as lawyers, are to communicate effec- they should assess their clients’ understanding tively with our clients, appropriate attention by asking questions from time to time as they should be given to each client’s unique set of progress through the conversation. They should characteristics. ask questions that call for more than a “yes-no” answer, such as “What days do you want to THE CHALLENGE OF LANGUAGE visit your son?” instead of “Do you know Lawyers are often accused of speaking a when you want to visit your son?” In my 10 foreign language to our clients. We use terms years’ experience as a federal courtroom inter- such as voir dire, nisi prius, guardian ad litem, pro preter, I have discovered that the very worst of bono, which frequently do more to confuse than all questions are the ones with tag answers to elucidate. If this is true such as “You don’t know for our English-speaking when you want to visit clients, how much more your son, do you?” incomprehensible are Although such questions these terms to clients are very popular on whose English is limit- cross-examination, there ed? Since 22.3 percent of Now that the state of is often no clear answer Oklahomans who speak even for fluent English a language other than Oklahoma requires certification speakers. If the client has English speak English trouble with even short, either “not well” or of courtroom interpreters, simply phrased ques- “not at all,”8 it is likely tions, the attorney that many Oklahoma community colleges are should find an interpret- lawyers will have a er. However, even if the non- or limited English offering programs of client answers appropri- speaker in their offices at ately, he or she may still one time or another. We study to train them. not be able to handle the have the challenge of complex, high-stress explaining certain impor- atmosphere of court- tant, often emotionally room English. The client charged topics to a person whose English is may have developed survival language skills still evolving. One common mistake that is in English, but not yet mastered the more aca- made by persons who have had little experi- demic aspects of the language. ence with the acquisition of a second language Research on how adults and children learn is assuming that the person who is politely English as a second language9 may shed light listening to every word understands us per- on the reasons for some of our clients’ behav- fectly. After all, Vinh (substitute Jose, Vladimir, ior. It reveals that at first language learners are Rene or Mohammed) is nodding his head, isn’t in a receptive phase that lasts from one month he? We therefore precipitously assume that he to one year in which they are listening to Eng- is thoroughly following our explanation of his lish and speaking very little. They begin to case. develop survival English which is the oral lan- Adults who immigrate to the United States guage necessary to satisfy their basic needs experience enormous pressure to learn Eng- and to function in the school environment. This lish. They must fill out job applications, enroll type of English may take three to five years to their children in school, maneuver around a develop. In an overlapping pattern, they are

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1157 also learning cognitive aca- guilt and anxiety. Parents demic language, the type of aren’t likely to be completely language needed to under- forthcoming in front of their stand school subjects. This lan- Our message children, and if they are, how guage may take as long as harmful must that be for the seven to nine years to master. as lawyers is an children? Although most of the immi- THROUGH THE grant adult clients in an attor- important one CULTURAL SENSITIVITY ney’s office will most likely not LENS be in school full time and the which must be pressure to speak English right Culture is in the air we away is greater, the sequence communicated breathe as individuals living in which they learn the English in society. It is in our family language is similar. They first with care. structure, our rules, roles, cus- learn oral language in order to toms, values, problem-solving navigate successfully in an approaches and communica- English-speaking tion styles. My cli- world. They learn ents for the past 20 to greet the check- years have been er in the grocery migrant and sea- store, to say “good sonal farm work- morning” to the ers, the majority of boss, and to utter whom are Latino “excuse me” as whose culture is they make their very different than way through a my own. When I crowd. That does first began to prac- not mean that tice law, I had an they know enough idyllic vision of English to under- my law office as a stand a trust peaceful place to agreement, a visi- work where I tation schedule or could communi- a deed. Even if the cate with clients client has strong without interrup- oral English, a prudent attorney would also tion. My Latino clients showed me a different want to find out if the client would benefit by way. First of all, rarely did they come in alone. having a translation of the document in ques- Most of my clients appeared in my office with tion. at least three or four family members and possibly a neighbor or two. Babysitters were not When considering hiring an interpreter, the the norm, so children of all ages appeared and attorney should carefully consider the inter- continue to appear in my office. Mothers and preter’s qualifications. Just because a person fathers handled several tasks at once while speaks fluent Spanish does not mean that he or discussing with me their legal problems. This she can interpret legal terms accurately. An polychronism or multi-tasking is a trait very inquiry should be made into the interpreter’s different from the lock-step, one task at a time academic background and prior interpreting approach of many Euro-Americans. At first, I experience. Now that the state of Oklahoma found this behavior disconcerting and a bit requires certification of courtroom interpret- disrespectful, but now I think nothing of it. ers,10 community colleges are offering pro- Instead, I now observe other clients who come grams of study to train them. An interpreter in all by themselves and find it unfortunate emerging from one of these programs would that they have no one with whom to share the be expected to interpret competently in a court weight of their troubles. of law. Using the clients’ minor children to interpret, even just for attorney-client conver- Another adjustment I made concerned tell- sations is not recommended, especially in ing my clients when their court date was and divorce cases where children already suffer confirming that I would see them on that day

1158 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 at that time. At first I found it annoying that of the Lawyer Disciplinary Board 2006, March/April, 2007); same result in Missouri (Loyola of Los Angeles Law Review, Winter 2004, my clients never told me that they would be 809); Oregon: “[communication] most common kinds of complaint..”, there for sure. They always said, “Si Dios qui- Oregon State Bar Bulletin April, 2006, 27. 3. The Harris Poll® #61, August 8, 2006, accessed at http://www. ere” (“If God wills it”). I thought they were harrisinteractive.com/harris_poll/ index.asp?PID=688. being flaky or unsure and always felt like 4. John Gray, Ph.D., Men are from Mars, Women Are from Venus: A Practical Guide for Improving Communication and Getting what You Want squeezing a decisive “yes” out of them. Now I in Your Relationships, New York: Harper Collins Publishers, 1992. know how this behavior fits into a culture 5. Deborah Tannen, You Just Don’t Understand, New York: Harper where fatalism is a common trait and in which Collins Publishers, 2001. 6. Ruby Payne, A Framework for Understanding Poverty it is considered arrogant to put one’s will 7. ABA Lawyer Demographics, The lawyer Statistical Report, Ameri- before that of God’s. can Bar Foundation, 2004. 8. Current Population Survey (CPS), U.S. Census Data. 9. Heidi Dulay, Marina Burt & Stephen Krashen, Language Two, These are just my observations gleaned from New York: Oxford University Press, 1982, p. 3; Sandra Lee McKay & over two decades of representing mostly Lati- Sau-ling Cynthia Wong, Language Diversity: Problem or Resource?, Bos- no migrant farm workers; certainly it is not my ton: Heinle & Heinle Publishers, 1988; Colin Baker, A Parents’ and Teachers’ Guide to Bilingualism, Clevedon: Multilingual Matters Ltd., wish to create or foster stereotypes. Instead, I 2000; Susan J. Dicker, Languages in America, Clevedon, Multilingual offer them as a way of showing how my lens as Matters Ltd., 1996.` 10. 2005 O.S.L. 427. a middle class lawyer blurred my view of a 11. The Volunteer Lawyers Project, Best Practices Manual for culture and how that view could have inter- Guardians Ad Litem. http://www.ptla.org/vlp/culture.htm, 2/17/2006, p. 3. fered with my relationship with my clients. 12. Rules of Professional Conduct, Communication, Rule 1.4 (a). I would offer the following suggestions for working with clients whose culture is not your ABOUT THE AUTHORS own11: Teresa Rendon has been the 1. Assume nothing. farm worker attorney at Legal 2. Inquire about specific behaviors, values, Aid Services of Oklahoma Inc. attitudes and perspectives which seem for 15 years. She is a commis- confusing to you; sioner on the Oklahoma Human Rights Commission and a mem- 3. Be sensitive to any signs of spirituality or ber of the Oklahoma Bar Asso- religiosity so that you may respect the cli- ciation’s Diversity Committee. ent’s beliefs; Ms. Rendon, a former bilingual 4. Do not insist on eye-to-eye contact which teacher at Oklahoma Public Schools and current doc- is considered a sign of disrespect in many toral student in educational studies at OU, is an cultures; adjunct professor at OCU in the sociology/criminal justice department where she teaches courses on 5. Be slow to judge. diversity. CONCLUSION Michael Duggan is a staff Our message as lawyers is an important one attorney in the Senior Division which must be communicated with care. Our at Legal Aid Services of Okla- Rules of Professional Conduct exhort us to homa. He received his B.A. from “keep [our] client[s] reasonably informed about Columbia University, and has the status of a matter and promptly comply worked as a journalist, and then with reasonable requests for information.”12 To editor and publisher of an inter- accomplish this, we must truly listen to our national trade magazine, before clients and remove as many cultural and lin- founding a related trade associa- guistic barriers as possible. tion and growing it to 1,100 corporate members in 22 countries. After a two-year 1. ABA report cited in Why not Fire Attorneys? An Economic Approach to Ethical Sanctions, Stanford Law Review, Stepehen Bene, stint driving a cab in Las Vegas, he earned his April, 1991, at 909. J.D. from Oklahoma City University. 2. E.g., in West Va., Communication Bar Complaints outnumbered all other complaints put together (West Virginia Lawyer, Annual Report

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1159 WORK/LIFE BALANCE INTERNET RESOURCES

o help lawyers navigate the vast resources on work/life balance, here is a list of Web sites recommended by the TOklahoma Bar Association’s Work/Life Balance Committee: Project for Attorney Ms. JD Retention An online community JD Bliss A Washington D.C.-based designed to provide a forum for organization that has conducted dialogue and networking Provides resources to attor- extensive studies of part-time among women lawyers and neys seeking greater career work in law firms and devel- aspiring lawyers. The Web site satisfaction and work/life oped best practices recommen- is founded by female law balance and to law firms dations based on these studies. students from across the country. seeking to improve attorney Bloggers include judges, law retention. JD Bliss offers www.pardc.org school deans and practitioners webinars on work/life balance who have found nontraditional topics. A unique feature of the ways to practice law. Web site is a work/life balance Legal Sanity calculator, a tool that calculates http://ms-jd.org/home the impact of billable hours on a A blog that provides practical information, ideas and advice lawyer’s personal life. on remaking the everyday Oklahoma www.jdblissblog.com practice of law to achieve Work/Life Balance optimal outcomes, professional and personal success and The OBA committee adopted Jim Calloway’s Law work/life balance. the slogan, “The Law: Love It, Practice Tips Blog Don’t Leave It,” and its Web site www.legalsanity.com offers a collection of special Jim Calloway, director of the interest articles, feature stories OBA’s Management Assistance about Oklahoma lawyers, sam- Program, offers practical advice Flextime Lawyers ple workplace policies that facil- and numerous resources about A national consulting firm itate work/life balance and law practice management and advising law firms, corporations links to assistance programs for the Internet and technology as and lawyers on work/life lawyers and judges — including applicable both to professional balance. the free crisis counseling service and personal needs. for OBA members. www.flextimelawyers.com http://jimcalloway. www.okbar.org/ typepad.com/ members/worklife/ Lawyers With Default.htm The Center for Depression Work/life Law A Web site created for lawyers Top 100 List with depression by a lawyer University of California with depression. This Web site For additional law-related Hastings College of Law works includes a number of helpful blogs or “blawgs,” the ABA to identify and prevent Family resources for lawyers with recently compiled a top 100 list. Responsibilities Discrimination. depression, including a The blawgs are listed by www.uchastings.edu/ substantial list of research and categories. Specific to work/life ?pid=3624 interesting articles written about balance issues, the list includes depression. a category called, “Your So- Called Life.” www.lawyerswith depression.com www.abajournal.com/ magazine/aba_journal_ blawg_100

1160 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 OBA AWARDS

Time to Submit Award Nominations

It’s time to recognize your deserving fellow form is available at www.okbar.org if you lawyers and organizations with a nomination would prefer to use it. If you want more for an OBA Award. This year’s awards will be information or need help getting started, presented at the Annual Meeting to be held nomination suggestions are also available Nov. 19 – 21, 2008, in Oklahoma City. online. Here are some things to keep in mind. “There is something special about being rec- • The entire nomination – letter, supporting ognized by one’s peers in your profession,” materials, clippings, secondary letters and said OBA Awards Committee Chair Gary C. attachments included – may be no longer Clark. “The OBA understands the importance than five single-sided, 8 1/2” x 11” pages. of honoring those who serve as role models No exceptions! for us all.” • The name of the person or organization It only takes a few minutes to nominate making the nomination should be included colleagues who have performed outstanding in the nomination. work or who exemplify the very best • A one- or two-page letter is sufficient to attributes of the legal profession. Nominations make a nomination. A form is are sought for individual available on www.okbar.org but lawyers as well as outstanding Nominations is not required. county bar associations and committees. Bar members, must be received • County bar associations are nonmembers and groups such by Wednesday, encouraged to nominate as county bar associations are themselves and their bar all welcome to submit Aug. 13, 2008. members. nominations. It doesn’t matter if the nominee is from one of • Each nomination must be the major metropolitan areas or entered in only one category, from a small town – the Awards but may be considered for Committee takes this factor into other categories. consideration. • Nominations may be e-mailed “Remember, in order to win, a as a Word, WordPerfect or nomination must be submit- PDF attachment. Confirma- ted,” said Mr. Clark. “We’ve tion of electronic receipt will kept the nomination process be sent. Please do not send simple. We ask you to follow duplicate copy via fax or through and make sure the mail. Send e-mail to committee knows about the [email protected]. people and organizations you • Coming soon, a form-filled think are worthy of these PDF will be available at prestigious awards.” www.okbar.org to make No special forms are required the nomination process to make a nomination, but a even easier.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1161 2008 Awards

TRAILBLAZER AWARD JOE STAMPER DISTINGUISHED SERVICE AWARD to an OBA member of members who by their to an OBA member for long-term service significant, unique visionary efforts have had a to the bar association or contributions to the profound impact upon our profession and/or legal profession community and in doing so have blazed a trail for others to follow NEIL E. BOGAN PROFESSIONALISM AWARD to an OBA member practicing 10 years or more OUTSTANDING COUNTY BAR who for conduct, honesty, integrity and ASSOCIATION AWARD courtesy best represents the highest standards for meritorious efforts and activities of the legal profession

HICKS EPTON LAW DAY AWARD for individuals or organizations for noteworthy Law Day activities

GOLDEN GAVEL AWARD for OBA Committees and Sections performing with a high degree of excellence Nominations LIBERTY BELL AWARD for non-lawyers or lay organizations for promoting must be or publicizing matters regarding the legal system received by Wednesday, OUTSTANDING YOUNG LAWYER AWARD Aug. 13, 2008. for a member of the OBA Young Lawyers Division for service to the profession

EARL SNEED AWARD for outstanding continuing legal education contributions Award of Judicial Excellence for excellence of character, job performance or achievement while a judge and service to the JOHN E. SHIPP AWARD FOR ETHICS bench, bar and community to an OBA member who has truly exemplified the ethics of the legal profession either by 1) acting in accordance with the highest FERN HOLLAND COURAGEOUS LAWYER AWARD standards in the face of pressure to do otherwise to an OBA member who has courageously or 2) by serving as a role model for ethics to the performed in a manner befitting the highest other members of the profession ideals of our profession

ALMA WILSON AWARD OUTSTANDING SERVICE TO THE PUBLIC AWARD for an OBA member who has made a significant for significant community service by an OBA contribution to improving the lives of Oklahoma member Award for Outstanding Pro Bono Service children by an OBA member

1162 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 BOARD OF BAR EXAMINERS

New Attorneys Take Oath

oard of Bar Examiners Chairperson Douglas W. Sanders of Poteau announces that 94 applicants who took the Oklahoma Bar Examination on Feb. 26-27 were admitted to the BOklahoma Bar Association on Friday, April 25. Oklahoma Supreme Court Chief Justice James R. Winchester administered the Oath of Attorney to the candidates at a swearing-in ceremony at the State Capitol. A total of 112 applicants took the examination. Other members of the Oklahoma Board of Bar Examiners are Donna West Smith, vice- chairperson, Miami; Debora B. Barnes, Tulsa; Peggy B. Cunningham, Yukon; Tom A. Frailey, Chickasha; Frank H. Jaques, Ada; W. Scott Mason III, Cordell; Sally Mock, Oklahoma City; and J. Ron Wright, Muskogee. New admittees are:

Nathan D. Adams Phillip Douglas Countryman Erin Jones-Slatev Jacob S. Aldridge Alison Lucille Cox Michael Edward Kelly Ira Wayne Allison Annie Dai Timothy Scott Kittle Paola Marie Alvarez Lee Matthew Davis Kevin Patrick Knightly Christopher Gene Anderson Cheryl Ann Dixon Robiejoe Houston Lambert Kimberly Dawn Anthony Lauren Nicole Donald Zachariah Oak Lindsey John Phillip Archer Tyler Anthony Dorsett China Matlock Jennifer Sheridan Baker Michael Stephen Duggan Joel Rodger Curtis Mattson Anthony R. Behar Nicole Rae Fincham David Norris Mayo Erin Leigh Bixler Kevin Jon Finlay John Walker McBee John Roy Blevins Luis Enrique Flores Justine Elizabeth McIntosh Christopher Michael Boring James M. Forgotson III Julia Holman Messitte David Michael Box Linque Hilton Gillett Lindsay Denece Mills Michael Addison Branch Gloria Dean Goudge Darick Chaka Morton Leslie Karin Brier Patrick Hatfield Green Nida Nadir Jahyme Arthur Brown Rebekah Lee Guthrie Melinda Dawn Nelson Mary Rodgers Bundren Amy H. Harrison Robert Clarence Newark III Patrick Ryan Busby Andrew Lange Hayes Richard Kyle Nuttall Kalan Leigh Chapman Jordan Elijah Helmerich Chanteau Orr Andrea Lynn Chism Kelly Anne Hensley Richard Michael Parr Dorie Ann Christian Ryan Johnson Shelly Ann Perkins Eric John Cook Ryan C. Johnson Beau Delaney Phillips Aaron Trey Corbett Megan Elizabeth Jones Gilbert Joseph Pilkington Jr.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1163 Jonathan Michael Pitcher Matthew Bennett Sellers David Micah Wilkie Daniel Amir Hossain Reich Pamela Lewis Shaw Jonathan Tyler Willey Amy Etta Reimer Jimmy Dale Speed Michelle Lynnette Williams Jacqueline Cathryn Rhodes Heidi Marie Steinfadt Quincy Leigh Williams Nathan Daniel Richter Aaron Ray Stiles Shad Kelly Withers Audra Ilene Moore Rytter Jessika Michelle Tate Matthew Sloan Wood Matthew Gabriel Sanchez Kelly Finan Tomlinson Jason Troy Worley Scott Thomas Sawyer Nicholas Craig Tricinella Jason Travis Seay Shamika Solola Webb

New bar admittee Aaron Corbett signs the Roll of Attorneys.

The Oklahoma City University law students take their Oath of Attorney in the Supreme Court Courtroom at the State Capitol.

1164 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 PHOTO HIGHLIGHTS

Rule of Law Conference April 11, 2008 • Oklahoma City University

OBA President Bill Conger, Judge Vicki Miles-LaGrange, Dean Janet K. Levit and OSU President Burns Hargis OCU President Tom McDaniel

OBA Governor Jack Brown, Rep. Ryan Dean Kiesel and Judge William C. OBA Governor Donna Dirickson, President-Elect Jon Parsley, Wantland Past President Stephen Beam and Patricia Presley

Judge Lee R. West

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1165 BAR NEWS

2009 OBA Board of Governors Vacancies Nominating Petition Deadline: 5 p.m. Friday, Sept. 19, 2008 OFFICERS Summary of Nominations Rules Not less than 60 days prior to the Annual Meeting, President-Elect Current: Jon K. Parsley, Guymon 25 or more voting members of the OBA within the Mr. Parsley automatically becomes OBA president Supreme Court Judicial District from which the Jan. 1, 2009 member of the Board of Governors is to be elected (One-year term: 2009) that year, shall file with the Executive Director, a signed petition (which may be in parts) nominating Nominee: Allen M. Smallwood, Tulsa a candidate for the office of member of the Board of Vice President Governors for and from such Judicial District, or one Current: Michael C. Mordy, Ardmore or more County Bar Associations within the Judicial (One-year term: 2009) District may file a nominating resolution nominating Nominee: Linda S. Thomas, Bartlesville such a candidate. Not less than 60 days prior to the Annual Meeting, BOARD OF GOVERNORS 50 or more voting members of the OBA from any or Supreme Court Judicial District One all Judicial Districts shall file with the Executive Current: Brian T. Hermanson, Ponca City Director, a signed petition nominating a candidate to Craig, Grant, Kay, Nowata, Osage, Ottawa, the office of Member-At-Large on the Board of Gov- Pawnee, Rogers and Washington counties ernors, or three or more County Bars may file appro- (Three-year term: 2009-2011) priate resolutions nominating a candidate for this Nominee: office. Not less than 60 days before the opening of the Supreme Court Judicial District Six Annual Meeting, 50 or more voting members of the Current: Robert S. Farris, Tulsa Association may file with the Executive Director a Tulsa County signed petition nominating a candidate for the office (Three-year term: 2009-2011) of President-Elect or Vice President or three or more Nominee: County Bar Associations may file appropriate Supreme Court Judicial District Seven resolutions nominating a candidate for the office. Current: Alan Souter, Bristow In addition to the above methods, nominations to Adair, Cherokee, Creek, Delaware, Mayes, any of the above offices shall be received from the Muskogee, Okmulgee and Wagoner counties House of Delegates on a petition signed by not less (Three-year term: 2009-2011) than 30 delegates certified to and in attendance at Nominee: Charles D. Watson Jr., Drumright the session at which the election is held. Member-At-Large See Article II and Article III of OBA Bylaws for Current: Julie E. Bates, Oklahoma City complete information regarding offices, positions, (Three-year term: 2009-2011) nominations and election procedure. Nominee: Vacant positions will be filled at the OBA Annual Meeting Nov. 19-21. Terms of the present OBA officers and governors listed will terminate Dec. 31, 2008.

1166 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 BAR NEWS

OBA Nominating Petitions (See Article II and Article III of the OBA Bylaws) OFFICERS Mark Hixson, James T. Stuart, Donna Dirickson, Jerry L. McCombs, Brian PRESIDENT-ELECT Hermanson, Julie Bates, Keri G. Williams, ALLEN M. SMALLWOOD, TULSA William G. LaSorsa, Robert Sartin, Mart Tis- Petitions have been filed nominating Allen M. dale, Luke Adams, Allen E. Barrow, William E. Smallwood for election of President-Elect of the Farris, Jan Grant-Johnson, Peggy Stockwell, Board of Governors of the Oklahoma Bar Associa- James Drummond, Laura McConnell-Corbyn, tion for a one-year term beginning January 1, 2009. D. Faith Orlowski, D. Scott Pappas, Michael W. Fifty of the names thereon are set forth below: Hogan, Brett Cable, Jimmy Goodman, Brooke O. B. Johnston III, J. Duke Logan, Pete Silva Jr., S. Murphy, David Pomeroy, John Munkacsy, Ronald R. Wallace, George P. Nelson, Renee L. Dietmar Caudle, Kendra Robben, Alan Durbin, Waisner, Sidney M. Conway, Robert R. Nigh Jr., John W. Doolin, Robert J. Fries, P. Scott Eric O. Johnston, Mark D. Lyons, Graydon D. Buhlinger, Susan C. Worthington, Bradley A. Luthey Jr., Thomas P. Nally, Stephen D. Beam, Gungoll and Tanayia Hubler. Deborah A. Reheard, Julie E. Bates, Robert S. Far- A total of 253 signatures appear on the petitions. ris, Jerry L. McCombs, Brian T. Hermanson, Harry A. Woods Jr., D. Kent Meyers, C. Michael Barkley, County Bar Resolutions Endorsing Nominee: Douglas W. Sanders Jr., Jon K. Parsley, John F. Comanche, Payne and Washington County McCormick Jr., James E. Frasier, Robert J. Bartz, G. Reuben Davis, Gerald L. Hilsher, Kurt G. Glassco, Malcolm E. McCollam, John H. Tucker, BOARD OF GOVERNORS Carlye O. Jimerson, Colin H. Tucker, Jo SUPREME COURT Anne Deaton, Robert B. Sartin, W. Brad JUDICIAL DISTRICT SEVEN Heckenkempber, William R. Grimm, James M. Sturdivant, Ronald N. Ricketts, Allen E. CHARLES D. WATSON JR., DRUMRIGHT Barrow Jr., Randal D. Morley, Donna J. Priore, Petitions have been filed nominating Charles D. Joseph R. Farris, Kenneth L. Brune, William G. Watson Jr. for election of the Board of LaSorsa, William B. Jones, Jack L. Brown, E. Governors of the Oklahoma Bar Association Terrill Corley, Thomas F. Ganem and J. Daniel Supreme Court Judicial District 7 for a Morgan. three-year term beginning January 1, 2009. A total of 289 signatures appear on the petitions. County Bar Resolutions Endorsing Nominee: Creek County VICE PRESIDENT LINDA S. THOMAS, BARTLESVILLE Petitions have been filed nominating Linda S. Thomas for election of Vice President of the Board of Governors of the Oklahoma Bar Association for a one-year term beginning January 1, 2009. Fifty of the names thereon are set forth below: J. William Conger, Stephen D. Beam, William R. Grimm, Harry A. Woods Jr., Melissa DeLacerda, Gary C. Clark, Charles D. “Buddy” Neal Jr., John Gaberino Jr., Jon K. Parsley, Mike Mordy, Cathy Christensen, Charles E. Geister, Renee DeMoss, David K. Petty, Robert Farris, Jack L. Brown, W.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1167 FROM THE EXECUTIVE DIRECTOR

Balance By John Morris Williams

I applaud our Board of to just forge on. The truth is hobby or other healthy Editors for dedicating this that it is good business to diversion might just end issue to work/life balance. take care of yourself. Your up saving your life or at Most of us are probably type practice is you, it is not some least making you a better “A” personalities and could object that can be neglected practitioner because you are use a bit of balance. The until a slow day when it can rested and alert. I have practice of law is stressful, be aired out or polished. witnessed enough great often tedious and at times Your practice is about what lawyers to know this is true. even heartbreaking. Litiga- mental attributes that you Not only will you feel better, tors may deal with tragic fact bring to the table for your it will probably help you to patterns and clients who clients. If you are in poor enhance your bottom line. have suffered catastrophic physical health, if you are Taking care of yourself is injuries or are facing loss of suffering from mental health good business. liberty. Often the stakes are or substance abuse issues, or high and the outcome if you are just too exhausted Many stories are told dependant upon hours of to give your best — your about death bed regrets preparation. To suggest that practice is suffering whether always excluding, “I wish I we not work hard in such you want to admit it or not. had spent more time at the situations is unrealistic. On office.” I usually like being at the other hand, to not take the office. It is fun. The peo- care of yourself and the rest ple are interesting, and there of your team is not wise In other words, a is always something interest- either. To put it bluntly, dead ing going on. Most of the and disabled lawyers do not vacation, hobby or other time it is much more inter- provide good representation. esting than my personal life. healthy diversion might just Therein lies the problem. We During the last five years, I must enlarge our venue, ven- have become acutely aware ture out into a world not of the price of lawyers not end up saving your life or at summed up by a good clos- taking care of themselves. ing argument and just be Not all physical and mental least making you a better people. For me that is hard health issues can be avoided. to do. The law makes such a Not every substance abuse practitioner because you are neat package where the rules issue is practice related. However, being mindful of rested and alert. are certain, and I get to be stress levels and how seden- part of something I like to tary your life has become is a think is bigger and better good way to begin a self- than I am individually. The examination of your mental The fact is, you will do bet- truth is that it is our voca- and physical health. ter work and enhance your tion. It is admirable that we livelihood by being at your are called to our profession In the age of increasing best performance level. In with such devotion. The overhead and billable hour other words, a vacation, greater truth is that it is requirements, it is tempting killing some of us before our

1168 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 time and making some of the rest of us just miserable at times. O klahoma Bar Journal Recently I read a book that suggested that within each Editorial Calendar of us is a perfect person that has been transformed into something less because of the trauma of everyday life. I 2008 2009 suspect that is true to some August January degree. My suggestion is Insurance Law Meet Your OBA take a break from everyday Editor: Judge Lori Walkley Editor: Carol Manning [email protected] life. Find a time and place Deadline: May 1, 2008 that restores you, invigorates FebruaryImmigration Editor: John Munkacsy you and helps you find bal- September Bar Convention [email protected] ance in body, mind and spir- Editor: Carol Manning Deadline: Oct. 1, 2008 it. If the entire legal system collapses because you took a October March Guardianship Privacy day off or a vacation, I Editor: Stephen Barnes Editor: Melissa DeLacerda would be more than sur- [email protected] [email protected] prised. Deadline: May 1, 2008 Deadline: Oct. 1, 2008 The lure of work is seduc- November April Law Day tive, the guilt of not billing Technology/Practice Management Editor: Carol Manning more is present, the calling Editor: Melissa DeLacerda of the next docket is ever May [email protected] Oil & Gas and Energy present. Surely if you are Deadline: Aug. 1, 2008 Resources Law capable and bright enough December Editor: Julia Rieman to sustain our legal system, Ethics & Professional [email protected] you could figure out how to Responsibility Deadline: Jan. 1, 2009 take a day off and sustain Editor: Martha Rupp Carter August [email protected] Bankruptcy your body and your mind. Deadline: Aug. 1, 2008 In the end it is good business Editor: Judge Lori Walkley for all concerned for you to [email protected] Deadline: May 1, 2009 find balance in your life and your practice. September Bar Convention Editor: Carol Manning October Criminal Law Editor: Pandee Ramirez [email protected] Deadline: May 1, 2009 To contact Executive November Director Williams, Family Law e-mail him at [email protected] Editor: Leslie Guajardo If you would like [email protected] to write an article Deadline: Aug. 1, 2009 on these topics, December Ethics & Professional contact the editor. Responsibility Editor: Jim Stuart [email protected] Deadline: Aug. 1, 2009

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1169 LAW PRACTICE TIPS

Technology & Stress: Good Tools or Bad Tools By Jim Calloway, Director, OBA Management Assistance Program

Does today’s technology the opposite effect. Can you faster pace. And if you let the make your life easier? Sever- recall life before fax machines? technology set your pace, it al years ago I wrote about (Not to mention e-mail.) will make you run faster and the paradox that we use a lot Communications technology faster. vanishing might be good for of technology to make our courier services and the U.S. To survive in a law practice, lives easier and yet many of Postal Service, but too many you have to learn how to set us seem to suffer from more of our business models now your own pace. stress and a greater compro- rely on the Internet and mised quality of life today. LIVING IN A electronic communications. These thoughts struck a TECHNOLOGICAL chord with many readers So let’s think about using SOCIETY IS STRESSFUL and over the years I have our technology more wisely. Technology eases our lives received many reprint CALLOWAY’S RULES in many ways, but it also is requests for that article. OF TECHNOLOGY demanding and time-con- Sometimes it was printed AND STRESS suming. Realizing its benefits with no changes, but some- generally requires knowledge times it was edited. I kept THE KEY POINT: USING and understanding. track of some of the changes TECHNOLOGY SPEEDS that I liked. So, for this UP THE PACE OF When you depend on a work/life balance theme EVERYTHING device to do something for issue of the Oklahoma Bar The purpose of almost all you, can you still do it when Journal, it seemed like a good technology is to do things the device is inoperable? If idea to give you the 2008 faster, and often better, than there was a power failure in updated version of we humans can. the manual typewriter era, my observations about you could light a few candles technology and stress. In simpler times, getting to and keep going. When there’s work an hour early meant an no power, today’s law office Perhaps we do not have so hour of uninterrupted time to is shut down. The same is much stress if you take the prepare for the day. Interac- true when a machine is long historical view. A cave- tion with those outside the man fleeing a pack of hungry office was limited because broken or “the network is predators experienced real their phones were not yet down.” Automated phone stress. Certainly that is more being answered. Now, systems may be a money stressful than a lawyer being through the technological saver for the company you late to a motion docket, even magic of e-mail, faxes and call, but you expend time and if the case was dismissed. So mobile phones, you can get to energy to navigate through does all of this new technolo- work early and have a half- the menus. In fact, many of gy add stress to our lives? dozen negative interactions the benefits of e-commerce Absolutely. Then would with others before the day revolve around forcing the removing it reduce our stress? even officially starts. We all consumer to enter data No. I believe it would have can, and therefore do, run at a that previously was entered

1170 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 by clerical staff on the hours in training sessions Dealing with change is company’s payroll. learning how to use your always stressful. technology can be just as We live in a society that Computers in the law frustrating as not knowing provides a constant flood of how to work the program in office clearly make certain information. From hundreds the first place — especially tasks, like billing, much easi- of cable TV channels to the when there is “real work” er. But it seems that as soon Internet to the mobile phone, still to be done backing up at as you master one part of there is more information the office. technology, there is an pushed at you each day than improvement or an upgrade you can possibly retain and that requires you change manage. How could anyone how you operate. This seem- manage it all? For most of ingly constant process of us the term “information Without the learning, then relearning and management” would be then learning anew all over better described as context of facial again has lead many to rebel “information triage.” expressions, voice tone and refuse to change. There is little wonder that Lewis Carroll described today many of us feel like and other cues, a lot the way many of us feel in we are trying to take a drink Alice’s Adventures in Won- of water from an open, of misunderstanding derland: “You have to run as spewing fire hydrant as we fast as you can to stay where look for an answer. There’s arose. you are.” just too much. INFORMATION TECHNOLOGY ALWAYS TECHNOLOGY INVOVLES TRADE-OFFS DISTANCES THE HUMAN ELEMENT IN Technology may give us The reality is we pay for COMMUNICATIONS great benefits, but it also can the benefits of technology. take … and take … and take You can reduce your stress Certainly you can get a some more. just by understanding and laugh from an e-mail from a friend or be touched by a There is certainly no free accepting that premise. warm voice-mail from your lunch where law office tech- Celebrate when technology spouse. nology is concerned. You allows you to land a new cli- may implement technology ent from across the country But we learned in the early that does a marvelous job for who would have never days of e-mail that there was you, but it still has to be pur- heard of you in the pre-Inter- more to interpersonal com- chased and installed. Plus, net days. Then when you munications than the words. it’s mostly useless with spend 45 minutes reading Without the context of facial investing in training and online help files, cryptic expressions, voice tone and instruction manuals and maintenance. other cues, a lot of misunder- third-party books to learn standing arose. E-mailers One of the big stressful how to do a task in “only” a soon adopted emoticons, like aspects of technology today minute, try to accept that as little smiley faces, to improve is knowing that you have a well. Besides, hopefully next their communications. tool right at your fingertips time it really will only take that will do the task you you a minute to do the task. As we communicate more need done right now, but not and more by e-mail, we DEALING WITH knowing how to make it do CHANGES GENERATES should be aware of this fact. so. You likely do not even STRESS AND If you sit in your office with have all the features of your TECHNOLOGY WILL the door closed and send out mobile phone committed to ALWAYS BE CHANGING directions by e-mail all day, memory and are a rare per- your staff will feel more job son indeed if you have mas- Technology expands, stress and will not function tered your word processing improves and changes. well as a team. Good teams software. But investing are based on relationships

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1171 and understanding. It is dif- But lawyers tend to be You need to adopt a triage ficult to create or nurture a highly motivated, highly approach to the flood of relationship via e-mail. focused individuals. Fifty- to information you receive 60-hour work weeks are not every day. You cannot han- Younger citizens stay con- uncommon. Current technol- dle it all. You must practice nected constantly via instant ogy allows you to work prioritization, which may be messaging or applications around the clock from wher- the most important job and like Twitter. Some of them ever you may be. You can life skill of the 21st century. would argue that it helps check the office e-mail from them stay closer to and more You need to give some home at night after the fami- connected with their friends. thoughts to the trade-offs ly goes to bed. You can track “Texting” has been added to and negative consequences down your staff or other our vocabulary whether you of your technology instead attorneys at odd hours with like it or not. We have to rec- of just blindly accepting their mobile phone numbers. ognize that those who grew them. You can access your office up with these tools may files remotely. You can, quite Do not let technology tools respond to them in different literally, work all the time. to convince you to undertake ways. But I still see the “tex- more than you can handle. ters” making physical con- You can — but you can’t. You can only safely handle tact when they meet togeth- so much work. It is very er, whether it is a handshake, important to not let your a hug or a hard shove (in the technology’s capabilities lure case of adolescent boys.) Using the tool you into agreeing to do more My opinions are certainly when it helps and not than you can or should do. influenced by my experienc- We all need to practice es and stage in life. But the using it when it detracts saying “no” or, at least, “not practice of law can be isolat- now.” ing and I caution that we is the key… You need to give yourself guard against our technolo- permission and time for fun gy making that more so. and recreation. Lying on the YOU CAN BE sofa watching an old movie CONNECTED ALL THE We human beings are not you love is not being lazy; it TIME AND YOU CANNOT machines. We cannot stay is recharging your batteries. BE CONNECTED ALL THE focused on work for too long GOOD TOOL, BAD TOOL TIME without a break. When we try to do it, we begin to func- Technology gives us a set With relatively inexpensive tion erratically. We lose our of tools. These are new tools investments in technology tempers. We lose our objec- and powerful tools. But they you can be literally be avail- tivity. We make mistakes. We are still tools—our tools. able to your clients and to manifest the results of our And we should control our your work projects 24/7. stress in many different tools. This is not, of itself, bad. ways. Using a laptop or personal We have decisions to make digital assistant to make use SO WHAT CAN WE DO about how to use our tech- of otherwise unproductive ABOUT THIS? nology tools. Using the tool time is a good thing. Being You need to set your own when it helps and not using able to check in with the pace and recognize that the it when it detracts is the office electronically when use of technology tools will key—that and always know- you are home with an illness pressure you to speed up ing when it is time to hit the can be a good thing, too. your pace. “off” switch.

1172 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 THE THE OBAOBA SUMMERSUMMER GET-A-WAYGET-A-WAY

June 19-21, 2008 Tanglewood Resort ComeCome on Lake Texoma && EnjoyEnjoy thethe Fun!Fun! OBA Solo & Small Firm Conference YLD Midyear Meeting Estate Planning, Probate and Trust Section Midyear Meeting Register online at www.okbar.org

Plan a get-a-way with the OBA!

Spend some vacation time with your family and still get all your CLE for the year

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1173 The OBA Summer Get-A-Way OBA Solo & Small Firm Conference and YLD Midyear Meeting June 19-21, 2008 • Tanglewood Resort — Lake Texoma

Registrant’s Name:______OBA#:______

Address:______City/State/Zip:______Phone:______Fax:______E-Mail:______List name and city as it should appear on badge if different from above: ______

Registration Fees: Registration fee includes 12 hours CLE credit, including one hour ethics. Includes all meals Thursday evening Poolside Buffet; Breakfast Buffet Friday & Saturday; Buffet lunch Friday & Saturday; Friday evening Ballroom Buffet. Circle One Early-Bird Attorney Registration (on or before May 30, 2008) $175 Late Attorney Registration (May 31, 2008 or after) $225 Early-Bird Attorney & Spouse/Guest Registration (on or before May 30, 2008) $275 Late Attorney & Spouse/Guest Registration (May 31, 2008 or after) $325 Spouse/Guest Attendee Name: ______Early-Bird Family Registration (on or before May 30, 2008) $325 Late Family Registration (May 31, 2008 or after) $375 Spouse/Guest/Family Attendee Names: Please list ages of children. Spouse/Guest: ______Family: ______Age:______Family: ______Age:______Family: ______Age:______Materials on CD-ROM only Total: $______Thursday, June 19 • Golf With the BOG • 18 Hole Golf (______of entries @ $50 ea.) Total: $______Friday, June 20 • Nine Hole Golf (______of entries @ $35 ea.) Total: $______Total Enclosed: $______Make check payable to the Oklahoma Bar Association. MAIL Meeting Registration Form to: CLE REGISTRAR, P.O. Box 53036, Oklahoma City, OK 73152. FAX Meeting Registration Form to (405) 416-7092 For payment using ___VISA or ___ Master Card: CC: ______Expiration Date: ______Authorized Signature: ______

No discounts. Cancellations will be accepted at anytime on or before May 30, 2008 for a full refund; a $50 fee will be charged for cancellations made on or after May 31, 2008. No refunds after June 17, 2008. Call 1 (800) 833-6569 for hotel reservations. Ask for the special OBA rate.

1174 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 OBA Solo & Small Firm Conference and YLD Midyear Meeting June 19-21, 2008 • Tanglewood Resort - Lake Texoma • (800) 833-6569 HOTEL REGISTRATION FORM

Registrant’s Name: ______Phone: ______Address: ______City/State/Zip: ______Spouse/Guest/Family Attendee Names: ______

______Name Age, if under 21 ______Name Age, if under 21 ______Name Age, if under 21 HOTEL INFORMATION ~~~~~~ ~~~~~~ Arrival Day/Date: ______Departure Day/Date: ______No. of People: ______Please check room preference: ______Single Condo $99 ______New Hotel Room $123 ______Tower Suite $134 ______Smoking Room ______Non-Smoking Room Special Requests:______

FRIDAY, JUNE 20, 2008 SPOUSE/GUEST ACTIVITIES CHILDREN ACTIVITIES (3 yrs. & up) FRIDAY, JUNE 20, 2008 9:30 am - 11:30 am: Age Appropriate Crafts 9:30 am: Golf _____ No. $12.50 each child $______9/$35, 18/$50 (call for tee time) 11:30 am - 1 pm: Story Time (lunch included) _____ No. Golfers 9/$35 $______No. $12.50 each child $______No. Golfers 18/$50 $______1 pm - 3 pm: Supervised Swimming RECREATIONAL ACTIVITIES _____ No. $12.50 each child $______4 Outdoor Swimming Pools & Jacuzzi • 2 Lighted Tennis Courts 7:30 pm - 10:30 pm: Movies & Popcorn Playground & Volleyball Court • Croquet & Badminton _____ No. $12.50 each child $______Lake Texoma Striper Fishing SATURDAY, JUNE 21, 2008 9:30 am - 11:30 am: Age appropriate games ~~~~~~ TRANQUILITY SPA _____ No. $12.50 each child $______Featuring: 11:30 am - 1 pm: Story Time (lunch included) Massage Therapy, European Facials, _____ No. $12.50 each child $______Body Wraps, Airbrush Tanning…plus much more! 1 pm - 3 pm: Supervised Swimming Call 1(800) 833-6569 Ext. 2664 _____ No. $12.50 each child $______before June 18 to make spa appointment. TOTAL for Children $______See www.tanglewoodresort.com for more hotel Private babysitting available for children recreational activities and spa information. 3 and under $10 per hour, arrange at front desk. Cancellations of activities will be accepted 48 hours before arrival date. Mail or fax entire page to: Tanglewood Resort Attn: Teresa, 290 Tanglewood Circle, Pottsboro, TX 75076 CANCELLATION Fax (903) 786-2128. PENALTY IF ROOM Make check payable to the Tanglewood Resort. If paying by credit card please complete: NOT CANCELLED _____VISA _____ Master Card _____ Discover _____ AMX BY 6 P.M. Credit Card No.______Authorized Signature:______JUNE 16, 2008 Expiration Date:______HOTEL DEADLINE: MAY 30, 2008

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1175 ETHICS PROFESSIONAL RESPONSIBILITY

Making Life Better for Others By Dan Murdock, OBA General Counsel

During the recent past, I world. I then mentally about not being able to make had the opportunity to visit slapped myself, causing me a difference in the world. I the University of Oklahoma to get away from the feelings told her that most of us are College of Law. During this of inadequacies that I was not going to make a differ- visit, I entered the Dick Bell experiencing. ence in the large world. This Courtroom and was immedi- is one time we do not need to ately overwhelmed by the I began to think more think globally. majestic beauty of the facility. realistically about what I, as a No one else was in the court- lawyer, had accomplished. She was depressed about room, and because it was My career is like that of most this, and I tried to help by spring break, the law school other lawyers. There have telling her that she was was virtually void of been things that have been making a difference with this students. I sat down and just done that made life better for person, with that person and appreciated the moment — as others. How many lawyers with others. I told her she I looked out the beautiful feel the same way? Lawyers was making a difference windows of the east side of and most people are not because she was. I then began the courtroom and imagined going to accomplish the to think about some of my the great trials that had taken things that I mentioned earli- own advice. place in legal history. er. But there are many, many things that are done daily Lawyers make a difference I felt very insignificant and that make a difference in the every day in the lives of so began to think that my work lives of countless other many. Each day lawyers was not in keeping with the people. protect the constitutional significance and majesty of rights of the accused or this courtroom. I began to protect the public by think of what had I done in prosecuting those who vio- my career that might make late the law. Lawyers also me worthy of, or equal, to the provide pro bono services to magnitude of the work of so I began to think those who because of many others. economic or social barriers cannot afford or secure As I look back, I see many more realistically adequate legal counsel. things that I have not done. I Lawyers assist those in the have not found the cure to a about what I, business world and provide disease. I have not designed a services to the legal needs of device that improved the as a lawyer, had those businesses. The list efficiency of business. I have goes on and on. not written a book that accomplished. brought joy to millions. My Do not dwell on what you theatrical performances have have not done, but think not been award winners, nor about the impact you have will I be written about in the made on at least one life by history books. I will never I was talking with someone being a lawyer. Maybe that solve many or any of the I recently met in a social set- one experience is enough to problems of the world. ting. We were comfortable in tell us that we are making a talking to each other, and she difference. Trust me, we are. I questioned the impact of quickly expressed frustration my professional life on the

1176 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 BAR FOUNDATION NEWS

Shining a Bright Light on the Legal Profession

Lawyers are giving indi- shine a bright light on the benefited from programs viduals. Think about the legal profession, which supported by OBF in 2007. lawyers you know. How throughout its history has TEEN COURT — many of them serve on struggled with its public COMANCHE COUNTY nonprofit boards in the image, often ranking with towns where they live and used car salesmen as the Teen Court is an early also donate generously to least respected profession. intervention program for nonprofit organizations? The OBF supports issues and first-time youth offenders in How many do pro bono causes which reflect positive- Lawton. Every year, approxi- work or volunteer time to ly on lawyers in general, mately 150 teens stand in Legal Aid, or Tulsa and such as civil legal aid to front of a jury of their peers, Oklahoma Lawyers for Chil- Oklahoma’s poor and elder- as their cases are heard and dren? Without a doubt, law- ly; children’s legal aid, and sentences rendered in a yers give generously of their child abuse and advocacy courtroom setting. The pro- time, talents and resources programs; family law program ensures teens are held across the charitable spec- grams and senior protection accountable for their actions, trum. They work diligently and education projects; law- while at the same time helps to transform lives through related education for school them develop positive atti- the law. children and the public; tudes and self-esteem, and judicial education programs; educates them on the judicial The Oklahoma Bar Foun- process. dation, as the charitable arm crime victim programs; and of the Oklahoma Bar Associ- special disaster relief aid. In the spring of 2007, ation, is in a unique position While the public benefits 14-year-old Mike went to to help Oklahoma lawyers in from these programs and Teen Court facing charges of their charitable efforts. The services provided by OBF possession of marijuana and foundation focuses its energy funding, lawyers benefit assault and battery. After his on helping lawyers give back from the positive public case was presented, his peer to the community, and serves impact of the charitable jurors sentenced him to per- as a charitable clearing house awards, and the satisfaction form 50 hours of community for many worthy organiza- of helping to transform lives service, write an essay on the tions in promoting legal through the law. effects of taking drugs and justice in Oklahoma. By perform Teen Court jury OBF is now accepting duty. Mike completed his supporting the OBF, the applications for 2008 grant efforts of individual attor- community service hours by awards. Through funding helping build houses for neys to transform lives provided in large part by through charitable legal homeless families at Habitat Oklahoma lawyers, the lives causes are multiplied and for Humanity, and he contin- of many Oklahomans across maximized. ued to volunteer regularly at the state have been Habitat for Humanity after As the OBF works to help improved by OBF support. completing his service. He lawyers give to the public, it Here are stories of three served as a Teen Court juror, works at the same time to Oklahoma citizens who and his research on the effect

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1177 of drugs made him acutely relationship blossomed. and Ruby is living safely and aware of the dangers it pres- After many laughter-filled happily on her own. ents; he no longer uses ille- supervised visits, the two After her experience, Ruby gal drugs. Mike has now set moved on to supervised cus- became a strong advocate for a career goal to learn the car- tody exchanges, and now other women in her position. pentry trade, and intends to enjoy spending time together Ruby accompanies the fami- enter the construction busi- every Sunday. With CCFI ly shelter group to the Okla- ness when he graduates. services in place, Lilly has homa capitol to argue for Mike’s life was completely the benefit of a safe, consis- stronger laws and more turned around by the oppor- tent and loving relationship funding for domestic vio- tunities that Teen Court gave with her father, free from the lence and victim organiza- him. damaging effects of the tions. Ruby will celebrate her turmoil between her parents. CENTER FOR CHILDREN 85th birthday in June, and AND FAMILIES INC. — FAMILY SHELTER OF thanks to the family shelter CLEVELAND COUNTY SOUTHERN OKLAHOMA staff, she will enjoy that FOR VICTIMS OF birthday without the stress Matt came to CCFI in Nor- DOMESTIC VIOLENCE — of her abusive ex-husband man seeking supervised visi- LOVE COUNTY and the threat of domestic tation with his 4-year-old violence. daughter Lilly, following a Ruby, a cheerful woman in high-conflict divorce with her 80s, had been married OBF IS CURRENTLY Lilly’s mother, Julia. Julia for 50 happy years when her ACCEPTING 2008 GRANT had cut off all contact first husband passed away. APPLICATIONS between Matt and Lilly after Shortly after his death, Ruby You can help Oklahoma the divorce, moved to a town met her second husband, lawyers transform lives several hours away from who quickly swept her off through the law and help where Matt lived, and quick- her feet and convinced her to broaden the reach of OBF ly entered into a new rela- marry him. After the mar- grant funding by referring tionship with another man. riage, he soon revealed him- qualified programs to OBF. Julia told Lilly that Matt was self to be a con man and Funding goes to a wide vari- a bad daddy and didn’t love abuser. He had all of Ruby’s ety of charitable programs her anymore, and attempted assets put in his name and benefiting Oklahomans, and to replace Matt as Lilly’s began to threaten Ruby and the OBF looks forward to father with her new hus- her family. When she first funding new programs in band. Lilly became very hurt went to the family shelter, 2008 that will further and confused, and didn’t Ruby appeared very frail, enhance education and understand what was going but over time it became access to legal justice for all on. Julia was caught up in apparent that adequate Oklahoma citizens. More her own emotional turmoil resources and guidance was than $7.5 million has been and didn’t realize how she all Ruby needed. While stay- awarded to charitable was damaging her daughter. ing in the safe, confidential programs by the OBF location offered to her, the Matt was ultimately since its founding in 1946, shelter staff was able to awarded supervised visita- with grants exceeding assist Ruby with obtaining tion with Lilly through CCFI. $880,000 awarded in 2007. a divorce, Social Security He began the visitation with Application information for benefits, low income housing Lilly at CCFI after over a OBF grants is available to and necessities for her new year without contact with download from the home. Although Ruby’s her. They began to re-estab- Oklahoma Bar Association husband at first attempted to lish their relationship Web site at www.okbar.org/ terrorize everyone involved through weekly supervised obf — click on OBF forms in assisting her, he has visits. CCFI staff coached and go to the grant finally left everyone alone, Matt on how to restore his application. bond with Lilly, and their

1178 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 FFELLOWELLOW EENROLLMENTNROLLMENT FFORMORM � Attorney � Non-Attorney

Name: ______(name, as it should appear on your OBF Fellow Plaque) County

Firm or other affiliation: ______

Mailing & Delivery Address:______

City/State/Zip: ______

Phone:______Fax:______E-Mail Address:______

__ I want to be an OBF Fellow now – Bill Me Later!

__ Total amount enclosed, $1,000

__ $100 enclosed & bill annually __ New Lawyer 1st Year, $25 enclosed & bill as stated YES – I support charitable good works __ New Lawyer within 3 Years, $50 enclosed & bill as stated & agree to become a member of the OBF Fellow Program. __ I want to be recognized as a Sustaining Fellow & will continue my annual gift of at least $100 – (initial pledge should be complete)

__ I want to be recognized at the leadership level of Benefactor Fellow & will annually contribute at least $300 – (initial pledge should be complete)

Signature & Date: ______OBA Bar #: ______

Make checks payable to: Oklahoma Bar Foundation • P O Box 53036 • Oklahoma City OK 73152-3036 • (405) 416-7070 OBF SPONSOR:______I/we wish to arrange a time to discuss possible cy pres distribution to the Oklahoma Bar Foundation and my contact information is listed above. Many thanks for your support & generosity!

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1179 ACCESS TO JUSTICE

Stewardship: Bringing out the Best in You and in Others By Heidi J. Long

What we have done for ourselves alone dies with us. What we have done for others and the world remains and is immortal - Albert Pine

My father, a minister, Oklahoma County Bar Asso- using my skills to help those indoctrinated me from an ciation conducted a survey less fortunate is a natural fit. early age with a strong of its members and noted a One of the first pro bono concept of stewardship. In link between those attorneys cases I took was through my family, stewardship has who provide pro bono or Oklahoma Lawyers for Chil- community service and those always meant much more dren. I was asked to repre- attorneys who report the than that. It means being a sent a young boy born highest satisfaction with good steward (or manager) addicted to crack cocaine their work/life balance. So in of all assets entrusted to and his maternal uncle who an effort to make the most of your care for the betterment was his guardian. of the whole, whether it is my short time on this earth, I money, natural abilities, have resolved to utilize those One of the final services I time, family or your intellect. assets entrusted to my care performed was to prepare in the most productive way paperwork and received a As I have aged (or to society. hearing date. The only hitch matured, as I like to call it), was that I was nine months I have passed through different phases in my life — at times being a better steward of my assets than at other times. As I reflect on So in an effort to make the most of my these different phases in my life, it is remarkable that short time on this earth, I have resolved to during those phases when I was a good steward, life was utilize those assets entrusted to my care in healthy and rewarding. It is during those phases when I the most productive way to society. was a not-so-good steward that I was challenged by different crises and plagued by constant doubts about my pregnant and going to deliv- One easy way for me to purpose in life. er before the hearing. I use my natural abilities, my explained to the uncle that My unscientific observa- intellect, my money and my another lawyer in my firm tions have been confirmed time for the greater good is could handle the hearing. (In by actual surveys taken to do pro bono legal work. I actuality, the uncle could nationwide by various bar love the practice of law and have appeared pro se.) associations. In 2002, the

1180 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Nonetheless, he insisted on I immediately went home, free. This part always waiting six weeks for me to dressed my daughter in it confuses her, but give me the return from maternity leave and took pictures. Although opportunity to teach her the to conduct the hearing. she looked like a giant grape, value of stewardship so that the outfit was one of my she too may grow to live a On the day of our appoint- favorites and my daughter healthy and rewarding life. ed court appearance, it wore it often. became obvious why the Ms. Long is a member of the uncle and young boy When we look through Access to Justice Committee desired to see me again. baby pictures, I tell my and is a lawyer with Holladay They presented me with a daughter the story of the & Chilton PLLC in Oklahoma mishmash of pink wrapping baby gift. I explain to her City. paper and bows and inside a how the clients had no busi- purple dress, hat and bloom- ness utilizing their meager ers for my new baby girl. funds to purchase it, but this The only baby gift I received was their way of thanking from a client. me for taking the case for

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1181 YOUNG LAWYERS DIVISION

YLD MIDYEAR MEETING young lawyers, a forum for afternoon continued with CLE and professional devel- CLE programming opportu- The YLD Midyear Meeting opment programming, and a nities including International will be held from June 19-21, Diversity Summit. Trade Law, Pursuing Careers in conjunction with the in Mediation/Arbitration, annual Solo and Small Firm Friday’s programming False Claims Act/Qui Tam Conference at Tanglewood started with an entertaining Litigation, Working as a Resort on Lake Texoma. The and informative plenary ses- Lawyer Outside the USA, event offers outstanding sion entitled “Real to Reel: and a practical panel discus- CLE, social events and net- Images of Ethics and Profes- sion on Preparing for Your working opportunities. sionalism in the Courtroom” First Trial. That evening, con- presented by the ABA Sec- Early bird registration is ference attendees were treat- tion of Litigation. The ses- May 30. ed to a dinner and reception sion paired movie clips with at Union Station. THE NEW LAWYER ethical issues providing an EXPERIENCE entertaining look at serious The meeting was capped issues facing lawyers. The off with the YLD Summit On May 6, YLD members day continued with excellent entitled “Diversity: the Next participated in “The New CLE programming, includ- Generation.” This summit Lawyer Experience: Hit the ing an Introduction to Secu- provided an opportunity for Ground Running” CLE event ritized Lending, Changes in round table discussions on at the Oklahoma Bar Center. Anti-Trust Law, Presenting dealing with diversity issues The full-day event provided Winning Legal Arguments to including how to not only support and instruction Administrative and Trial promote and retain diversity about the most common Judges, Resolving Business within the legal profession, organizational, management, Disputes with China, and but also how to ensure the marketing, financial, ethical Positioning Yourself for a voices of those diverse mem- and technological issues Promotion. The ABA Journal bers of the profession are facing solo practitioners. co-sponsored a Writers heard. YLD Directors Shawnae Workshop that addressed Proctor Robey and Joe writing for publications. The Vorndran were on hand to provide OBF Fellow information to attendees. YLD DIRECTORS VISIT NATION’S CAPITAL YLD Directors Kimberly Warren, Molly Bircher and Doris Gruntmeir (also the ABA District Representative) represented Oklahoma at the ABA Spring Conference, April 17-20 in Washington, D.C. The ABA Section of Liti- gation was meeting in D.C. during the same time as well YLD Director/ABA District Representative Doris Gruntmeir, as ABA Day at the Capitol. YLD Chair Kimberly Warren and YLD Treasurer Molly The ABA/YLD Spring Con- Bircher at the ABA/YLD Midyear Meeting ference provided extensive networking opportunities for

1182 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 YLD WELCOMES NEW ren also spoke at the ceremo- admittees on Wednesday at ATTORNEYS ny, encouraging young law- the Sonoma Bistro & Wine yers to become involved in Bar. The Oklahoma City On April 25, 94 new law- bar activities. event is scheduled for yers were sworn in in the Thursday, May 15 at Mickey Supreme Court Courtroom Immediately following Mantle’s Steakhouse from at the State Capitol. There each ceremony, the YLD 6 – 8 p.m. All lawyers are were three ceremonies at 9, hosted a reception for the invited to attend this 10 and 11 a.m. Ceremony new members and their fam- informal event. The YLD will highlights included speeches ilies and friends. Light provide food and beverages, by Chief Justice James R. refreshments and snacks as well as information on Winchester and OBA Presi- were served. how to become involved dent J. William Conger. YLD in YLD committees and Chairperson Kimberly War- The YLD hosted a reception in Tulsa for the new activities.

Print or Electronic? You now have a choice.

Continue receiving your printed Oklahoma Volume 78 u No. 35 u Dec. 22, 2007 Bar Journal court issues (two per month) in the mail – or receive an e-mail with a link to the electronic version instead. Mailed copies stop. There’s no dues reduction, but you save some trees.

If you want the electronic version of the court issues and didn’t indicate that on your dues statement go online to http://my.okbar. org/Login and sign in. Click on “Roster Info” to switch to electronic. Be sure your e-mail Court Material address is current.

Want the print version? No need to do anything.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1183 Calendar May

15 OBA Legal Intern Committee 22 OBA Bench and Bar Meeting; 3:30 p.m.; Oklahoma Committee Bar Center, Oklahoma City; Meeting; 12 p.m.; Contact: H. Terrell Monks Oklahoma Bar Center, (405) 733-8686 Oklahoma City and Tulsa County Bar 16 OBA Access to Justice Center, Tulsa; Contact: Committee Meeting; Jack Brown 1:30 p.m.; Oklahoma Bar Center, (918) 581-8211 Oklahoma City and Tulsa County OBA Paralegal Bar Center, Tulsa; Contact: Kade Committee A. McClure (580) 248-4675 Meeting; 3 p.m.; Oklahoma Bar Center, OBA Alternative Dispute 19 Oklahoma City; Resolution Section Meeting; Contact: Joseph 4 p.m.; Oklahoma Bar Center, H. Bocock Oklahoma; Contact: Andrea (405) 235-9621 Braeutigam (405) 744-3305 or Michael A. Simpson OBA Board of Governors (918) 582-8877 23 Meeting; Enid, Oklahoma City; 28 OBA Uniform Laws Contact: John Morris Williams Committee Meeting; 4 p.m.; OBA Civil Procedure 20 (405) 416-7000 Oklahoma Bar Center, Oklahoma Committee Meeting; 3 p.m.; City and Tulsa County Bar Center, Oklahoma Bar Center, Oklahoma OBA CLE Music Ethics Tulsa; Contact: Frederick Heins City and OSU Tulsa; Contact: Committee Meeting; Miller (405) 325-4699 James Milton (918) 591-5229 1:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Heidi 21 OBA Member Services McComb (405) 416-7027 Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, 26 Memorial Day (State Holiday) Oklahoma City; Contact: Keri Williams Foster (405) 385-5148

June

5 OBA Work, Life Balance Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Melanie Jester (405) 609-5280 OBA Board of Editors Meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Carol Manning (405) 416-7016

1184 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 june cont’d

12 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack Brown (918) 581-8211 OBA Professionalism Committee Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Sharisse O’Carroll (918) 584-4192

13 OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and OSU July Tulsa; Contact: Lynn S. Worley (918) 747-4610 4 Independence Day (State Holiday)

17 Civil Procedure Committee 9 OBA Diversity Committee Meeting; 3 p.m.; Oklahoma Bar Center, Meeting; 3 p.m.; Oklahoma Bar Oklahoma City; Contact: Linda L. Samuel-Jaha (405) 290-7030 Center, Oklahoma City and OSU Tulsa; Contact: James Milton 10 OBA Professionalism Committee Meeting; 4 p.m.; Oklahoma Bar (918) 591-5229 Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Sharisse O’Carroll (918) 584-4192 19-21 OBA Solo & Small Firm Conference; Tanglewood Resort 11 OBA Access to Justice Committee Meeting; 10:30 a.m.; on Lake Texoma; Contact: Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, (405) 416-7050 Tulsa; Contact: Kade A. McClure (580) 248-4675 OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar Center, OBA Board of Governors 20 Oklahoma City and OSU Tulsa; Contact: Lynn S. Worley (918) 747-4610 Meeting; Tanglewood Resort on Lake Texoma; Contact: John Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Bar Morris Williams (405) 416-7000 15 Center, Oklahoma City and OSU Tulsa; Contact: James Milton (918) 591-5229 26 OBA Bench and Bar Committee Meeting; 12 p.m.; OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar Oklahoma Bar Center, Oklahoma 17 Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: City and Tulsa County Bar Center, H. Terrell Monks (405) 733-8686 Tulsa; Contact: Jack Brown (918) 581-8211 18 OBA Title Examination Standards Committee Meeting; 9 a.m. OBA Legal Intern Committee Oklahoma Bar Center, Oklahoma City; Contact: Kraettli Epperson Meeting; 3:30 p.m.; Oklahoma (405) 840-2470 Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; 21 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Contact: H. Terrell Monks Oklahoma Bar Center, Oklahoma; Contact: Andrea Braeutigam (405) 733-8686 (405) 744-3305 or Michael A. Simpson (918) 582-8877

This master calendar of events has been prepared by the Ofﬁ ce of the Chief Justice in cooperation with the Oklahoma Bar Association to advise the judiciary and the bar of events of special importance. The calendar is readily accessible at www.oscn.net or www.okbar.org.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1185 FOR YOUR INFORMATION

Volunteers answer calls for advice at the Oklahoma County phone bank.

Volunteers Create Successful Law Day Hundreds of lawyers across Oklahoma joined together May 1 to answer phone calls for free legal advice to celebrate Law Day. This year, lawyers in 38 counties answered more than 2,300 calls for advice. This was the 30th year the OBA has coordinated this community service. Oklahoma City attorney Giovanni Perry serves as OBA Law Day Committee chair.

Tulsa Attorney Appointed to Civil Appeals Court Gov. Brad Henry recently appointed Deborah Ann Browers Barnes to the Oklahoma Court of Civil Appeals. She will fill the vacancy created when Justice John Reif was appointed to the state Supreme Court. Judge Barnes is a 1983 graduate of the OCU School of Law. Prior to her appointment, she served as staff attorney for Retired Justice Ralph Hodges from 1985-1989, was in private practice in Tulsa and served as corporate attorney for Transok Inc. and general counsel for ONEOK Inc. and Seminole Energy Services LLC. “Her breadth of experience makes her a great fit for the Court of Civil Appeals, and I know she will serve the court with honor and integrity,” said Gov. Henry.

1186 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Diversity Committee Presents Scholarships The OBA Diversity Committee recently awarded four law school graduates $1,000 scholarships to cover the cost of attending a seven-week long bar exam review course. The scholarships were awarded based on academic achievement, community service and an expression of need. Pictured are (from left) OBA Diversity Committee Chair Linda Samuel-Jaha, OBA Diversity Committee Scholarship Chair Teresa Rendon, OCU graduate Teofilo Andres Diaz, OU graduate Mark Myles and OCU graduate Reginald Smith. The fourth scholarship was awarded to TU graduate Rachel Gusman.

OBA Member Resignations The following OBA members have resigned as members of the association and notice is hereby given of such resignation: Allen Frederick Bennett OBA No. 20031 501 Lindell Blvd. Delray Beach, FL 33444 John Kenworthy Rentz OBA No. 19613 720 N. Post Oak Road, Suite 500 Houston, TX 77024

OBA Member Reinstatement The following OBA member suspended for nonpayment of dues has com plied with the requirements for reinstate ment, Bar Journals Take Summer Vacation and notice is hereby given of such reinstatement: Look for the next bar news edition of the Oklahoma Bar Journal (with color cover) Amy Foster Mangrum to be published Aug. 9. You’ll still be OBA No. 16683 receiving court material in June and July. 9119 S. Darlington Ave. Deadline for submissions for the next news Tulsa, OK 74137 issue is July 21.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1187 BENCH & BAR BRIEFS

in both an adjunct and full- compensation. The book is time capacity since 1985. available for purchase online at www.aspatore.com. wo OBA members were Tamong the eight people ames C. Shaw of Miller .S. Magistrate Judge honored by the Oklahoma JDollarhide was appointed URonald Howland Court Appointed Special to the Roster of Commercial received the 2008 Journal Re- Advocates Association for Arbitrators of the American cord Award at the Oklahoma dedicating their time to help- Arbitration Association. Mr. County Bar Association Law ing abused and neglected Shaw has served as the sole Day luncheon on May 1. The children. Judge Richard A. arbitrator in matters ranging award recognizes attorneys Woolery of Sapulpa was from consumer- for service to the legal pro- named Judge of the Year, and related disputes to large, fession and the community. Michael Kulling of Stillwa- complex commercial Judge Howland’s career ter was named Attorney of disputes. began as a night clerk for the the Year. FBI while working his way rowe & Dunlevy has through the Oklahoma City tephen R. Ward, a share- Celected Roger A. Stong University School of Law. He Sholder in the Tulsa office as president, and selected clerked for several state and of Conner & Winters LLP, to serve on the firm’s federal judges and served as has been named as a trustee executive committee are a federal prosecutor as well of the Rocky Mountain Min- William H. Hoch, Cynda as in private practice before eral Law Foundation, one of C. Ottaway, Anton J. Rupert his initial appointment as a the nation’s largest educa- and Terry M. Thomas. Mr. federal magistrate in 1978. tional foundations dedicated Stong earned a bachelor’s He retired from his judicial to natural resources laws and degree from the University post in March. The retired policy issues. Mr. Ward has a of Virginia, a master’s in U.S. Army colonel’s judicial legal practice that focuses on business administration from career included overseeing federal Indian law, environ- OU and a law degree from critical preliminary matters mental law and energy law. Indiana University School in the Oklahoma City bomb- of Law in 1985, where he ing case. The newspaper ohn Papahronis, attorney graduated cum laude. He is also recognized 26 members Jand shareholder with an experienced business law- of the Oklahoma County McAfee & Taft, was selected yer, whose practice focuses bar, who were honored as as an author in the recently on corporate, securities and recipients of Journal Record released book, “Inside the bankruptcy reorganization Leadership in Law awards. Minds: Employee Benefits law. He has served as chair- and Executive Compensation man of the OBA Business ark D. Brown, partner Client Strategies.” The book, and Corporate Law Sec- Min the firm of Brown & which is co-authored by tion. Mr. Hoch, a graduate Brown PC, was the recipient employee benefits attorneys of Catholic University of of the University of Central from around the nation, pro- America, serves as director at Oklahoma’s Liberal Arts Ad- vides an insider’s perspec- Crowe & Dunlevy where he junct of the Year award. The tive on constructing com- concentrates his practice in award was presented by the pensation plans, establishing the areas of bankruptcy, dean of the College of Liberal employment terms, evaluat- commercial litigation, copy- Arts, Pamela Washington. ing severance benefits and right and trademark infringe- Mr. Brown has served UCO utilizing incentive and equity ment, antitrust and related

1188 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 litigation. He is the former homa, Colorado and New UCLA School of Law and chair of the American Bar York. She may be reached at is a member of the Ameri- Association’s Commission [email protected] can College of Trust and on Homelessness & Poverty or (646) 320-0774. Estate Counsel, Oklahoma from 2001 to 2005. A frequent City Estate Planning Coun- speaker and writer, Ms. Ot- cil, State Bar of California, taway has published works and the Oklahoma County, for the American College Oklahoma and American of Trust and Estate Counsel bar associations. She is also a (ACTEC) and The Oklahoma frequent speaker and author Editor. She has served in on a variety of taxation various leadership roles in issues including estate plan- ACTEC including service on ning, probate and nonprofits the board of regents and as he Edmond law firm of and has served as an adjunct immediate past chair of the TLee & Associates wel- professor of law in estate Professional Responsibility comes Tracy A. Case to its planning at the OU College Committee. A fellow of the practice. Ms. Case is a 1991 of Law. American College of Trial graduate of OCU. She super- Lawyers, Mr. Rupert has vised the foreclosure divi- lassWilkin PC in Tulsa been practicing law in Okla- sion and REO asset division Gannounces that Chad homa City for more than 25 for The CIT Group before M. Neuens has joined the years. His principle areas of becoming director of opera- firm in an of counsel capac- practice include construction tions and general counsel for ity. He graduated from OU project disputes, commercial one of the largest indepen- with a B.B.A. in finance. disputes and product liabil- dent real estate brokerages in He received his J.D. from ity and toxic tort litigation. the state of Oklahoma. Ms. Creighton University in 1990. Mr. Thomas is a director in Case has also worked in the Mr. Neuens has more than 17 Crowe & Dunlevy’s Tulsa of- abstracting and title exami- years of professional experi- fice where he has substantial nation field and is experience in commercial and civil experience as a litigator and enced in the management of litigation, including property trial lawyer. In his 25-year ca- commercial real estate clos- damage, consumer prod- reer, he has successfully tried ings. At Lee & Associates, uct safety, subrogation, fire business matters involving she will practice primarily liability, products liability, contracts, insurance policies, in the areas of real estate, water rights, construction, corporate ownership and commercial and collections, eminent domain, personal governance, real property and has been appointed injury, environmental and rights, trade secrets, con- managing attorney for toxic tort claims. struction disputes, fiduciary the firm. obligation and creditors’ he Zurawik Law Firm rights. cAfee & Taft has Tannounces that John Paul Mexpanded its tax and Truskett has joined the firm awton native Deborah family wealth practice group as a litigation attorney. He L(Toland) Appel was with the addition of Susan received his J.D. in 2004 and admitted to the bar of the B. Shields. Her practice his undergraduate degree in U.S. Supreme Court in a focuses on wealth transfer psychology/pre-law in 2001, ceremony presided over by tax planning, business plan- both from TU. While at TU Chief Justice John Roberts ning for closely held family law, he served as a sympo- and with all eight justices of businesses, estate and trust sium and articles editor for the Supreme Court present. administration, business the Tulsa Journal of Compara- Ms. Appel maintains a pri- entity formation, and the for- tive and International Law. He vate practice specializing in mation and administration was an invitee and graduate federal government contract of tax-exempt organizations. of the 2007 OBA Leader- law. She is admitted to the Ms. Shields is a graduate of ship Conference. He is chair- bar in the states of Okla- Stanford University and the elect for the Tulsa County

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1189 Bar Association’s Young was named to the Order of come a member of the firm. Lawyers Division, and was the Coif. Based in the Tulsa Ms. Spavins is a 1997 gradu- recently elected to serve office, he provides counsel ate of the TU College of Law on the board of the OBA to several banks in com- and is licensed in Oklahoma, Young Lawyers Division. His mercial lending transactions, Tennessee and Arkansas. practice will focus on civil including healthcare and real She focuses her practice in litigation, including personal estate loans. He also repre- the areas of employment law injury and product sents a Fortune 500 company and civil litigation and can liability matters. in a variety of commercial be reached at tanyaspavins@ and real estate transactions, bridgesplc.com. lendening, McKenna including its landlord-tenant Gand Prescott announces relationships and purchases homas M. Ladner and that Jason A. Robertson and sales of real estate. A Christine D. Little an- has joined the firm as a registered patent attorney, T nounce the formation of partner. Mr. Robertson is a Mr. Sullivan is a member of their new law firm, Ladner & 1997 graduate of OCU School the firm’s intellectual prop- of Law. His general area of erty and technology practice Little PLLC, located at 320 S. practice is litigation. The group. His practice is primar- Boston Ave., Suite 1026, Tul- firm name has been changed ily directed at obtaining and sa, 74103. Before establishing to Glendening, McKenna, enforcing patent rights for their new firm, Mr. Ladner Prescott & Robertson. his clients, who range from and Ms. Little both served as Fortune 500 companies to directors and shareholders of rowe & Dunlevy an- small start-ups with emerg- a Tulsa firm with an exten- Cnounces that attorneys ing technology. He routinely sive litigation practice in Adam W. Childers, Chris J. assists clients with the nego- federal and state courts. They Kirt, David M. Sullivan and tiation of software licenses, have a combined 40 years of Christopher B. Woods have consulting contracts and joint experience involving a wide been named directors of the development agreements. He range of legal issues, includ- firm. Mr. Childers practices is a graduate of OSU’s school ing business, oil and gas, em- labor and employment law of chemical engineering and ployment, domestic relations in the litigation department the OU College of Law. Mr. and custody, guardianship, of the firm’s Oklahoma Woods serves in the firm’s legal malpractice defense City office. He earned a J.D. Tulsa office where he concen- and insurance defense, and from the OU College of Law trates his practice in the areas have broad experience in ap- in 2000, where he gradu- of commercial litigation, pellate practice and alterna- ated with honors and was a commercial transactions and tive dispute resolution. The member of the Order of the electronic commerce. He has firm’s phone number is Barristers. He also attended experience in complex busi- (918) 582-3032. the summer program at the ness litigation involving con- Queens College at Oxford tract, real estate, insurance inters, King & Associ- University in Oxford, Eng- and class action lawsuits. He ates Inc. announces land. He is a member of has been published in Busi- W that Wesley Carter has Phi Beta Kappa, the Board ness Law Today, The Oklahoma of Visitors for the College Law Review, The Oklahoma Bar joined the firm as an associ- of Arts and Sciences at OU Journal, The Consumer Finance ate. Mr. Carter holds a B.S. in and is a member of Leader- Law Quarterly Report, and The criminal justice from North- ship Norman’s 2007-2008 Law of Modern Payment Sys- eastern State University. He class. Mr. Kirt focuses his tems and Notes. He graduated received his J.D. with honors practice in the areas of real first academically in his law from the TU College of Law estate, finance, commercial school class at OU. in December 2006, where and general corporate law. he also served as an editor A 2000 graduate of the OU ridges, Young, Matthews of the Tulsa Law Review. He College of Law, he gradu- B& Drake PLC announces joins the nonprofit corporate ated with highest honors and Tanya B. Spavins has be- law section of the firm.

1190 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 udge Kenton W. Fulton its offices to 1723 E. 71st St., torney focusing on retire- Jof the Oklahoma Tulsa, 74136. Mr. Crews is a ment plan design, deferred Workers’ Compensation graduate of Auburn Univer- compensation, mergers and Court announces that he has sity and the TU College of acquisitions, plan termina- been selected as an admin- Law. The firm’s practice tions, leased employees, self- istrative law judge with the areas include estate plan- insured medical plan design, Social Security Administra- ning, probate, adult COBRA and HIPAA compli- tion in Springfield, Mo., guardianship, and business ance. He is a 1988 graduate effective May 2008. Judge and corporate law. He may of the TU College of Law and Fulton served as a judge of be reached at [email protected]. a member of the Tulsa the Workers’ Compensation County, Oklahoma and Court since July 1996, and cAfee & Taft has American bar associations. served four years as its Mopened a new office Mr. Greenough’s practice is presiding judge. in Tulsa. Forming the core concentrated in the areas of of the new office are Tulsa mergers and acquisitions, able Gotwals announces attorneys John A. Burkhardt, commercial transactions, Gthat Richard M. Reuben Davis, Bill G. complex licensing and con- Carson has joined the firm in Freudenrich, Charles tract matters, corporation its Tulsa office as of counsel. Greenough, Gerald L. organization and governance Mr. Carson has represented Hilsher, Frederic “Nick” and commercial litiga- individuals as well as large Schneider, Barry Smith tion. He is a 1987 graduate and small companies for the and Susan E. Walker. Mr. of the OU College of Law past 17 years in a broad array Burkhardt has more than 25 and a member of the Tulsa of corporate, commercial years of experience repre- County and Oklahoma bar and environmental matters. senting clients in a broad associations. Mr. Hilsher is From 1999-2008, he was a range of business and a seasoned litigator whose member of the in-house legal complex commercial practice is primarily trial and department of The Williams litigation matters. He is a appellate work in complete Companies Inc., working 1980 graduate of the TU commercial litigation, busi- extensively on various types College of Law, a barrister ness torts, environmental of complex financial and with the Council Oak/John- litigation, employment litiga- commercial agreements, son-Sontag American Inn of tion and white collar crimi- securities, environmental, Court, and a member of the nal defense. Prior to entering transactional and aviation Tulsa County, Oklahoma and private practice, he served as matters. His recent experi- American bar associations an assistant district attorney ence focused on the forma- and the Oklahoma Trial Law- in Austin, Texas, an assistant tion, initial public offerings yers Association. Mr. Davis’ U.S. attorney in charge of the and subsequent growth of practice focuses on litigation Organized Crime Drug two master limited partner- of complex business cases. Enforcement Task Force ships. He received a J.D. A 1973 graduate of the OU in Tulsa, and as deputy from the OU College of Law College of Law, he has held assistant secretary for law and a bachelor of science leadership positions with enforcement at the U.S. degree from TU. His legal both the Tulsa County and Treasury Department. practice is in the areas of Oklahoma bar associations. Mr. Schneider’s practice corporate finance, securities He is also very active in the is focused in the areas of law, corporate law, oil and Tulsa community, currently commercial litigation and gas, commercial transactions, serving as president of the employment and labor law. mergers and acquisitions, Tulsa County Sheriff’s As- Prior to entering private environmental and sociation, and on the board practice, he worked as a law aviation law. of directors of 12 & 12, Boy clerk to Allen E. Barrow, Scouts of America Southern chief judge of the U.S. Dis- ary W. Crews announc- Region and Downtown Tulsa trict Court for the Northern Ges that the firm of Gary YMCA. Mr. Freudenrich is District of Oklahoma, and as W. Crews PLLC is moving an employee benefits at- a legislative assistant for U.S.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1191 Sen. Henry Bellmon in Wash- ence in Iraq. Previously, he civil liability for churches, ington, D.C. He is a 1972 started a legal field office for including defamation, tort graduate of the TU College International Justice Mis- and premise liability. of Law. Mr. Smith is a litiga- sion in Zambia, representing tor, healthcare lawyer and widows and orphans who hris Paul of Joyce and health advocate. His experi- were the victims of property CPaul PLLC made a pre- ence in these areas, as well grabbing, prosecuting sexual sentation at the Energy Tele- as his previous experience violence cases and training communications and Electri- serving as general counsel government prosecutors on cal Association (ENTELEC) and senior vice president of best practices. 2008 annual meeting in administration for a large Houston titled, “SCADA and health system in Tulsa, have Security Issues — Beyond earned him appointments the Hacker Threat.” The to numerous task forces presentation was a follow-up and committees examining to 2006 and 2007 ENTELEC healthcare public policy is- papers that discussed emerg- sues. In 2004, he was ap- ing regulatory and legal pointed to a nine-year term issues involving supervisory on the Oklahoma State Board control and data acquisition of Health, where he currently homas (T.L.) Cubbage systems. The 2008 presen- serves as president. He is TIII of Covington & tation focused on security a 1987 graduate of the OU Burling LLP in Washington, issues, including emerging College of Law. Ms. Walker’s D.C., gave a presentation on regulatory guidance, which practice is primarily focused “Litigation Armor: Protect- should help companies on the rapidly growing and ing the Company, Its Officers evaluate their needs but also highly regulated field of and Its Directors,” at the establish practices against healthcare law. In addition ERISA Industry Commit- which any security failure to advising clients on ad- tee Annual Major Employ- may be judged. ministrative and regulatory ers’ Legal Forum held in matters such as fraud and Washington. He addressed ennis G. Chappabitty abuse, self-disclosure and defensive measures that em- Dof Sacramento, Calif., compliance, she also consults ployee benefit plans, spon- was a presenter at the Fed- with hospitals, physicians sors and fiduciaries may take eral Bar Association 33rd an- and other healthcare facili- to mitigate potential ERISA nual Indian Law Conference ties on operational matters litigation risks. The presenta- held in Albuquerque, N.M. and provides legal assistance tion and discussion focused He presented on a variety concerning a wide range of in particular on risks posed of issues as they relate to business transactions. She is by current ERISA class action the advocacy of the rights a 1984 graduate of the OU trends. of individual Indians under College of Law. the Indian Civil Rights Act an L. Holloway and in a panel discussion titled, im Beeby announces that DMarissa T. Osenbaugh “Revisiting Civil Rights in Jhe has accepted a U.S. of Holloway, Bethea & Osen- Indian Country Four De- Department of State posi- baugh PLLC were speakers cades After the Indian Civil tion in Iraq as the deputy at the All Church Ministries Rights Act.” His paper titled, advisor, legal framework and Conference for the Assem- “40 Years of Living on the legislation (coordination and blies of God. They spoke re- Fault Line – The Collision contracts). He will be work- garding “Legal Issues Facing of Tribal Sovereignty and ing out of the Iraq Transition the Church.” Mr. Holloway the Civil Rights of Tribal Assistance Office, which is spoke about the issue of civil Members – When and Where charged with facilitating liability concerns for church- Will the Big One Happen?” Iraq’s transition to self-suf- es dealing with sexual preda- focused on the frustration of ficiency and in maintaining tors. Ms. Osenbaugh spoke tribal members confronting an effective diplomatic pres- about the issue of general civil rights violations by their

1192 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 own tribal governments and American Bar Association. How to place an announce- the prospect of congressional He focuses his practice on ment: If you are an OBA action to amend the Indian Medicaid for nursing home member and you’ve moved, Civil Rights Act. qualification, Medicaid become a partner, hired an associate, taken on a partner, qualification for at-home received a promotion or an ee M. Holmes of help and prescriptions, spe- award or given a talk or speech LHolmes, Holmes & cial needs trusts and with statewide or national Neisent PLLC spoke at the preserving Medicaid benefits stature, we’d like to hear from Tulsa Estate Planning Forum after inheritance or personal you. Information selected for publication is printed at no on the topic of how to avoid injury settlement. cost, subject to editing and malpractice when Medicaid printed as space permits. is involved. Mr. Holmes is Submit news items (e-mail certified as a certified elder strongly preferred) in law attorney by the National writing to: Elder Law Foundation, Melissa Brown which is accredited by the Communications Dept. Oklahoma Bar Association P.O. Box 53036 Oklahoma City, OK 73152 (405) 416-7017 Fax: (405) 416-7001 or E-mail: [email protected] Articles for the Aug. 9 issue must be received by July 21.

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Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1193 IN MEMORIAM

erome H. (Jerry) Blumenthal merce, the Daybreak Rotary harles Larry McLane of Jof Oklahoma City died April Club, Hillcrest Country Club COklahoma City died Feb. 17. He was born Oct. 8, 1928, and several other organizations. 25. He was born July 22, 1930, in Dallas, but was raised in Memorial contributions may in Bristow. He attended OU, Oklahoma City. He graduated be made to Marquette Catholic where he received a bachelor from Capitol Hill High School School in Tulsa. of business administration, a in Oklahoma City in 1945. He master of business administra- served in the U.S. Army. He ames Preston England of tion and a law degree. He was was a 1956 graduate of the OU JYukon died March 16. He licensed as a CPA in Oklahoma College of Law. was born Dec. 31, 1918, in in 1952 and was admitted to Celera. He graduated from the OBA in 1958. He served in ames William (Jim) Connor Capitol Hill High School in Korea in the USAF Auditor Jof Bartlesville died March Oklahoma City in 1937. He General. He practiced law in 24. He was born Aug. 21, 1932, joined the U.S. Army in 1944 Oklahoma City as a partner in in Seminole. His family moved and served through 1946. He the then-named firm of Fellers, to Tulsa in 1938, graduating served in the 417th Infantry Snider, Baggett and McLane from Marquette High School in 76th Division assigned to and was a partner in the 1950. He attended St. Benedict’s a heavy mortar platoon as Houston office of Peat Marwick College in Atchinson, Kan. well as serving as an artillery Mitchell, now KPMG. He was After graduating in 1954, he driver and scout as his divi- a member of the American Bar entered the U.S. Army, serving sion fought through France, Association, the American In- with the 9th Infantry Division Belgium, Luxembourg and stitute of CPAs, the Oklahoma in Germany. After returning to Germany. During the fighting Society of CPAs and the Texas the states, he graduated from in Germany, he was wounded Society of CPAs. Memorial the OU College of Law in 1959. and awarded a Purple Heart. donations may be made to He then took the job of assistant Upon discharge from the Army, Westminster Presbyterian county attorney in Bartlesville. he worked for the Veterans Ad- Church in Oklahoma City or He was elected county attor- ministration in Oklahoma City Presbyterian Urban Missions in ney for the 1961-1962 term of and attended OCU. He was Oklahoma City. office. Upon leaving office, he admitted to the OBA in 1951. began his private practice with During his career, he worked eorge Ford Short of Okla- Charles W. Selby, where he for the Air Force and served as Ghoma City died April 7. continued practicing under the counsel to the judge advocate He was born April 19, 1927, in firm now known as Selby, Con- general and procurement law Ponca City. Raised in Durant, nor, Maddux and Janer until attorney for the Department of he studied at Southeastern the time of his death. In 1962, the Air Force at Tinker Air Force State College. He joined the he was elected to the Okla- Base and at Wright Patterson U.S. Naval Air Cadet Program homa House of Representa- Air Force Base in Dayton, Ohio. in 1945. He later attended tives, where he served for eight He later became chief counsel, Louisiana Polytechnic Institute; years. He served as minority DCASR in Dallas, and then on Southwestern University in floor leader for Govs. Henry to Washington, D.C., where he Georgetown, Texas; and OU, Bellmon and Dewey F. Bartlett. served as the assistant counsel where he received his law de- He was active in the Bartles- at the defense supply agency, gree in 1950. Upon graduation, ville community as a member contract administration service, he joined the law firm of Pierce, of the Bartlesville Jaycees, the at the Pentagon. Couch, Mock and Duncan. He Bartlesville Chamber of Com- later formed the firm of Short,

1194 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 Barnes, Wiggins and Margo. aniel Haskell Wert of He was a percussionist as well He was a member of numerous DOklahoma City died April as an acoustic and electric gui- legal organizations, including 29. He was born Oct. 25, 1966, tar performer. After working serving a term as OBA vice in Oklahoma City. He gradu- at Haskell Lemon Construc- president and Oklahoma City ated from Vanderbilt Univer- tion Company and General Jury Trial Association president. sity in 1989 with a degree Materials, he attended OU to He received many awards for in German. He attended the earn his J.D. He worked at the his contributions to the legal Goethe Institute of Germany, Oklahoma County District community, including the Jour- completing the comprehen- Attorney’s Office, where he nal Record Award and the OBA sive language fluency course. created the post-conviction Distinguished Service Award. Music was always important unit and wrote the protocol Memorial contributions may in his life, and he organized for its operation. Memorial be made to Westminster three bands: The Scholars contributions may be made to Presbyterian Church in during high school, Chapter the Dan Wert Memorial Fund, Oklahoma City or the 7 while in college and Street Casady School, P.O. Box Oklahoma Bar Foundation. Lethal while living in Los 20390, Oklahoma City, 73156. Angeles in the early 1990s.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1195

Current Federal Regulatory Issues for Financial Institutions and Technology Service Providers

Oklahoma City DATE May 15, 2008 LOCATION:Oklahoma Bar Center 101 N. Lincoln Blvd.

CLE CREDIT: his course has been approve by the Oklahoma Bar Association Manatory Continuing Legal ucation Commission for 8 hours of manatory CL creit, incluing 1 hour of ethics or course approval in other states, contact the CL egistrar his program has been approve for eas creit

TITION: 225 for earlybir registrations receive with payment at least four full business ays prior to the seminar ate 250 for registrations receive within four full business ays of the seminar ate egister online at wwwokbarorgcle his program will be webcast or etails go to wwwlegalspancomokbarwebcastsasp No discounts.

CANCELLATION Cancellations will be accepte at any time prior to the seminar ate however, a 25 fee will be charge POLIC: for cancellations mae within four full business ays of the seminar ate Cancellations, refuns, or transfers will be accepte on or after the seminar ate

Program Planner/Moderator Laura Pringle, Pringle & Pringle, Oklahoma City

Program:

8:30 a.m. Registration and Continental Breakfast

:00 Current Compliance Issues ane Anne Batjer, Assistant Counsel, eeral eserve Bank of St Louis, MO

:50 Break

10:00 Current Issues for National Banks and Related Entities Randy Ryskamp, District Counsel, Office of the Comptroller of the Currency, Dallas

10:50 Break

11:00 Information Technology Rules and Guidances Hub Thompson, Southern District Lea pert, Office of the Comptroller of the Currency, Dallas

11:50 Networking lunch (inclue in registration)

12:10 p.m. Federal Regulatory Issues Impacting Banks and Technology Service Providers Steve achary, egional Counsel, eeral Deposit nsurance Corporation, Dallas

1196 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 1:00 Contracting and Information Security Issues Lynn Pringle, Pringle & Pringle, Oklahoma City

1:50 Break

2:00 Current Intellectual Property Issues in the Business of Banking Neal Rogers, Attorney at Law, Oklahoma City

2:50 Break

3:00 Ethics for Lawyers Who Represent Financial Institutions and Related Organizations (ethics) Laura Pringle Dean Lawrence Hellman, Oklahoma City University School of Law, Oklahoma City

3:50 Break

4:00 Controlling State Law/Federal Preemption Issues Dudley Gilbert, Legal Counsel, Oklahoma State Banking Department, Oklahoma City

4:50 Adjourn

Current Federal Regulatory Issues for Financial Institutions and Technology Service Providers

Full Name______Firm ______

Oklahoma City Address ______May 15, 2008 City ______State ______Zip______Oklahoma Bar Center Phone ( ) ______E - Mail ______ Materials only $80 Are you a Member of OBA? Yes No OBA Bar#______Pub #325 Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 53036 Oklahoma City, OK 73152

For Visa or Master Card Fax (405) 416-7092, Phone •(405) 416-7006 Register online at www.okbar.org/cle or Mail Credit Card# Exp.date______

Authorized Signature

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1197 The Oklahoma Bar Association presents

Making Your Case With A Better Memory

Tulsa Oklahoma City ATES May 21, 200 May 22, 200 OCATONS: Renaissance otel Oklahoma Bar Center 0 S 10th E Ae 101 N incoln Bld

CE CRET: his course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal ducation Commission for 8 hours of mandatory CL credit, including 0 hours of ethics. For course approval in other states, contact the CL Registrar.

TTON: 22 for earlybird registrations received with payment at least four full business days prior to the seminar date 20 for r e gistrations received within four full business days of the seminar date. R egister online at www.okbar.orgcle. No discounts

CANCEATON Cancellations will be accepted at any time prior to the seminar date however, a 2 fee will be charged POCY: for cancellations made within four full business days of the seminar date. o requests for refunds or cancellations will be accepted on or after the seminar date.

Paul Mellor aul Mellor is a nationally known memory training consultant who has a passion about this subect. As president of uccess Links, he presents seminars on strengthening memory, has written extensively on memory improvements and has been featured and quoted in several media, including Newsweek, the Wall Street Journal, the San Diego Union- Tribune, CBN Television, and USA Today. A popular radio and television guest demonstrating his technique, auls skills have helped thousands of p rofessionals to be more persuasive, m ore influential, and more powerful w ith the use of trained memory. A graduate of estern Carolina University, aul was a finalist in the 200 USA Memory Championship in ew York City.

:30 am Registration and Continental Breakfast

:00 eosition emonstration Introduction with demonstration displays the lightning speed of a trained memory. You will see the ease of remembering information from a deposition. mphasis is placed on why we forget and how we can remember.

10:15 Break

10:30 ow to Seak Without Notes to Jurors iscover secrets on how to present a case without notes. Learn stepbystep techniques on how to draft your remarks, prepare your mind and deliver a powerful presentation. o keep the ury in the palm of your hand, youll have to let go of your notes

12:15 m Networking lunch included in registration

1198 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 12:45 Cross Examination with Confidence Using the two step formula in recall, you will acquire the skill in remembering to ask key questions during cross examination. Use of examples and illustrations help reinforce the proficiency when dealing with those on the witness stand.

2:00 Break

2:15 Remember Names and Faces of Jurors in Trial, Clients in Presentations, and in Other Professional Settings You will learn the FACIAL formula to quickly remember a name. Attention is placed on concentration techniques and focusing on recalling the names correctly. Use of pictures and examples create a proven system in correctly matching a name to a face. You will learn how to remember first names, last names and groups of people.

4:30 Adjourn

Making Your Case With A Better Memory

G Tulsa Full Name______May 21, 2008 Firm ______Renaissance Hotel Address ______G Oklahoma City May 22, 2008 City ______State ______Zip______Oklahoma Bar Center Phone ( ) ______E - Mail ______

Are you a Member of OBA?  Yes  No OBA Bar#______

Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 53036 Oklahoma City, OK 73152

For  Visa or  Master Card Fax (405) 416-7092, Phone •(405) 416-7006 or Mail

Credit Card# Exp.date______

Authorized Signature

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1199 CLASSIFIED ADS

SERVICES SERVICES

OF COUNSEL LEGAL RESOURCES — SINCE 1992 — CONSULTING ARBORIST, tree valuations, diagnoses, Exclusive research & writing. Highest quality: trial and forensics, hazardous tree assessments, expert witness, appellate, state and federal, admitted and practiced depositions, reports, tree inventories, DNA/soil U.S. Supreme Court. Over 20 published opinions with testing, construction damage. Bill Long, ISA numerous reversals on certiorari. MaryGaye LeBoeuf Certiﬁed Arborist, #SO-1123, OSU Horticulture (405) 728-9925, [email protected]. Alumnus, All of Oklahoma and beyond, (405) 996-0411.

ABRAHAM’S SINCE 1959 NATIONWIDE MEDICAL MALPRACTICE BAIL BONDS Board-certified doctor expert witnesses, all specialties: Attorney’s EXPRESS Service $500 flat rate referral. In house case review by veteran DISCOUNTED Bond Fees on Referrals MD specialists, $750 flat rate, opinion letter, no OFFICE OPEN & STAFFED 24/7 extra charge. Fast, easy, safe since 1998. Toll Free 1-877-652-2245 OKC 528-8000 www.MedMalExperts.com (888) 521-3601 INTERESTED IN PURCHASING PRODUCING & OKLAHOMA PARALEGAL ASSOCIATION’S Annual Non-Producing Minerals; ORRI; O & G Interests. Seminar May 31, 2008 Northeastern State University, Please contact: Patrick Cowan, CPL, CSW Corporation, Broken Arrow. 5 CLAE Credits, lunch Provided P.O. Box 21655, Oklahoma City, OK 73156-1655; (405) $50 Member, $55 Non-Member, $25 Student. Contact 755-7200; Fax (405) 755-5555; E-mail: [email protected]. Ann @ (405) 232-7777 or visit our website at www.okparalegal.org for registration information.

HANDWRITING IDENTIFICATION OKLAHOMA CITY ATTORNEY SEEKS BANKRUPT- POLYGRAPH EXAMINATION CY REFERRALS. 32 years experience in representing Board Certified Court Qualified debtors in Chapters 7, 11, 12 and 13. Has made two oral Diplomate — ABFE Former OSBI Agent arguments before the 10th Circuit Court of Appeals; Life Fellow — ACFE FBI National Academy One before the Three Judge Panel, the other before the Arthur D. Linville (405) 636-1522 Court en banc. Certified in the Northern and Western Districts of Oklahoma, Referral fees offered as may be PHYSICIANS FOR QUALITY has been providing cred- allowed by the bankruptcy code. Contact: Kenneth ible, board certified, practicing physicians and health L. Peacher, 4101 Perimeter Center Drive., Suite 200, care professionals as experts to plaintiff and defense Oklahoma City, OK 73112, Telephone: (405) 917-5000; attorneys since 1986. PFQ is the most cost-effective, Facsimile (405) 917-5005. experienced choice available. 1-800-284-3627, email: [email protected], visit: www.PFQ.com. OFFICE SPACE APPEALS and LITIGATION SUPPORT — Expert research and writing by a veteran generalist who PREMIER LOCATION. Two Exclusive offices and 750 thrives on wide variety of projects, big or small. sq. ft. open space of A+++ Professional Suites now Cogent. Concise. Nancy K. Anderson, (405) 682-9554, available within the Financial District of Oklahoma in [email protected]. Edmond. Furnished & Unfurnished, Board Room, Conference Center, Kitchen, Private Parking, Security, TRAFFIC ACCIDENT RECONSTRUCTION Park-like environment. By appointment only. Call INVESTIGATION • ANALYSIS • EVALUATION • TESTIMONY (405) 348-0909. www.FinancialDistrictOK.com. 25 Years in business with over 20,000 cases. Experienced in automobile, truck, railroad, motorcycle, and construction zone PERIMETER CENTER OFFICE COMPLEX, locat- accidents for plaintiffs or defendants. OKC Police Dept. 22 ed at 39th and Tulsa currently has available offices years. Investigator or supervisor of more than 16,000 accidents. ranging in size from 1,110 — 4,487 square feet. We also Jim G. Jackson & Associates Edmond, OK (405) 348-7930 have executive suites from $280 to $425 per month. Please call (405) 943-3001 for appointment, or stop by CIVIL APPEALS, RESEARCH PROJECTS, BRIEF WRIT- M-F between the hours of 8:00 a.m.-5:00 p.m. ING, DISCOVERY ISSUES & LITIGATION SUPPORT. Experienced former federal law clerk will handle state 50 PENN OFFICE LOCATION - 1 office suite available and federal appeals, draft motions and briefs and assist for sub-lease with access to conference room, in trial preparation. Amy H. Wellington (405) 641-5787, copier, phone, and high speed internet. Call Bill at E-mail: [email protected]. (405) 664-8877.

1200 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 OFFICE SPACE POSITIONS AVAILABLE

OFFICE BUILDING IN BETHANY, OK FOR SALE. OIL AND GAS ATTORNEY - Samson, one of the largest 2500sf divided into 2 suites. One suite is currently independent exploration and production companies in leased until August 2009. Building is steel with brick the oil and gas industry, is seeking to fill two attorney veneer built in 2000. 22 parking spaces and large positions in its headquarters in Tulsa, Oklahoma. These lighted sign. Asking $199k. Call (405) 206-3338. positions provide a broad range of legal services to the company. Such services center upon the exploration and GREAT DOWNTOWN OKC LOCATION — TWO production activities of the company including, lease OFFICES AVAILABLE FOR SUBLEASE Receptionist, analysis, poolings, unitizations, easements, surface phone, copier, fax, law library, kitchen, conference room damages, geophysical operations, royalty payment and and DSL internet. Call Denise at (405) 236-3600 or come working interest owner issues, title work, acquisitions, by 204 N. Robinson, Suite 2200. and a broad range of oil and gas contracts. Samson will consider both Staff Attorney and Senior Counsel level SPACIOUS OFFICE (17 x 16) MID-TOWN – NW 13TH applicants. Staff Attorney applicants must have at least & DEWEY. Partially furnished.Secretarial bay also 3 years of contractual, business and/or litigation available. Parking, fax, copier, automated voice mail experience, either in-house or with a recognized law system, Wireless Internet, law library/conference room, firm, with exposure to the oil and gas industry being kitchen. (405) 525-0033 or [email protected]. strongly preferred. Senior Counsel applicants must have at least 8 years of experience, either in-house or with LUXURY OFFICE SPACE- One executive suite avail- a recognized law firm, with significant oil and gas able, with fireplace, crown molding and beautiful fin- experience being required and specific involvement in ishes. A fully furnished reception area, conference the exploration and production segments of the industry room, and complete kitchen are included, as well as a being preferred. Attorneys must be a current member receptionist, high-speed internet, fax, cable television of the Oklahoma, Texas, Arkansas, Louisiana or Colorado and free parking. Completely secure. Prestigious loca- Bar Associations. Samson offers an excellent compensation at the entrance of Esperanza located at 153rd and tion package with the opportunity to participate in an North May, one mile north of the Kilpatrick Turnpike incentive bonus program, and receive comprehensive and one mile east of the Hefner Parkway. $1,200 and competitive benefits. Qualified candidates are asked monthly. Contact Gregg Renegar (405) 285-8118. to apply online at www.samson.com. YUKON SPRING CREEK OFFICE BUILDING — CONTRACT ATTORNEY WANTED - Small, boutique, 1 professional office available for sub-lease with access south Tulsa law firm seeking a contract attorney with to conference room, copier, and high speed internet. experience in estate planning, probate and research Beautiful and convenient location. Call (405) 354-7227. and drafting memoranda regarding estate issues, probate and taxation. Wealth transfer taxation experiences POSITIONS AVAILABLE a plus. Applicants must be detail oriented with a quick learning ability; possess excellent computer skills. SMALL NW OKC FIRM is seeking a motivated legal Please fax cover letter, resume with references, writing assistant to become an integral part of this growing sample and salary requirements to (918) 495-3954. civil and family law practice. Applicant should have excellent organizational & communication skills. (expe- COLLINS, ZORN & WAGNER, PC., an AV-rated Okla- rience in family law is a plus). Duties include prepara- homa City firm specializing in civil rights, employment tion of pleadings, assisting with draft discovery law and insurance defense cases seeks an experienced responses, calendaring/docketing & billing through research and writing attorney. Strong academic and use of the Tabs program. Salary commensurate with writing skills required. Please submit a writing sample, experience and performance. If interested, please email resume and salary requirements to Jodi S. Casey at 429 your resume to [email protected]. N.E. 50th, Second Floor, Oklahoma City, Oklahoma 73105 or e-mail all documents to [email protected]. LARGE OKLAHOMA INSURANCE COMPANY is seeking a Legal Assistant for our Oklahoma City office. ATTENTION: LEGAL ASSISTANTS & SECRETARIES! Must have completed an ABA approved legal assistant — SUSAN FREW & COMPANY/TRC STAFFING program plus have two years of experience as a legal SERVICES is seeking qualified candidates for 7 direct assistant, or an equivalent combination of education hire positions in OKC’s most prestigious law firms and experience. Applicants must be willing and able to located NW OKC & downtown. Degree or certification fulfill any and all job-related travel. Salary commensu- preferred; strong typing, WordPerfect, Word & Excel, + rate with experience. Excellent benefit package includes 2 years legal experience, a must. $30K to paid vacation, sick leave, paid holidays and health, $40K (DOE) + great benefits. Our services are totally dental and life insurance. Send resume to: Box “X,” free to you! Apply at www.trcstaffing.com; email Oklahoma Bar Association, P.O. Box 53036, Oklahoma resume to [email protected]; OR, fax to City, OK 73152. EEO/AA Employer. (405) 842-9512. EOE.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1201 POSITIONS AVAILABLE POSITIONS AVAILABLE

TRIAL COURT ADMINISTRATOR/ 14th JUDICIAL PUBLIC DEFENDER JOB DESCRIPTION :ISSUE DISTRICT — General summary: The trial court admin- DATE: 05-01-08 CLOSING DATE: 05-16-08 The Public istrator is appointed by and serves at the pleasure of Defender is responsible for all civil and criminal mat- the district and associate district judges of Tulsa ters wherein the Court appoints him/her for tribal and Pawnee Counties. The duties of the court members in need of services. The Public Defender shall administrator are to assist the presiding judge of the provide legal representation, upon order of the court, judicial district in the performance of his/her adminis- to indigent defendants in tribal court criminal proceed- trative duties. Under the general direction of the ings; indigent respondents in tribal court juvenile pro- presiding judge with collaboration from judges, the ceedings; children as guardian ad litem in tribal court state Administrative Office of the Courts and county juvenile proceedings; respondents of tribal court pro- departments, this position performs administrative tective orders; guardians in tribal court guardianship duties including personnel management, budgeting, proceedings; adoptive parents in tribal court adoption purchasing, fiscal control, interpreter services and jury proceedings; or assistance to victims of violence or management. Qualifications: To be eligible for appoint- abuse. The Public Defender shall provide recommen- ment, an applicant shall possess at least one of the dations, advice, and referrals regarding protective following minimum qualifications: Be an attorney orders, criminal defense and child custody matters; licensed to practice law in this state; Have a bachelor’s Perform all duties and responsibilities necessary and degree in court management, or an equivalent degree; proper in order to effectively provide assistance and or Have at least ten (10) years’ experience in manage- representation. QUALIFICATIONS: Member of the ment with substantial supervisory responsibility; and Oklahoma Bar Association and Cheyenne and Arapa- be a graduate of the Institute for Court Management. ho Tribes Bar Association. This is a position that ini- Salary: Equivalent to that of a Special Judge, currently tially will be five (5) days a month, at a minimum. It is $100,500. Submit an original and 4 copies of your anticipated this will develop into a full time position. resume to: Court Administrator’s Office, Tulsa County Salary is negotiable based on experience. SEND Courthouse, Room 637, 500 S. Denver, Tulsa, OK 74103 RESUMES TO: Cheyenne and Arapaho Trial Court P.O. or send one copy of your resume electronically to Box 102. Concho, OK 73022-0102 [email protected]. Resumes must be received by REQUEST FOR PROPOSALS (RFP) - Attorney/Con- 5:00 p.m. on May 16, 2008. The State of Oklahoma is an sultant (Not to exceed fourteen (14) months) - The equal opportunity employer. Cheyenne-Arapaho Tribes have received a federal EXPERIENCED LEGAL ASSISTANT - NW OKC Law grant from the Department of Justice to revise and Firm handling diverse civil litigation, including medi- update the Tribes Law and Order Code. The Attorney cal malpractice, toxic tort and securities arbitration will be responsible for revising and updating the Law cases, seeks an experienced legal assistant. Strong liti- and Order codes that were enacted in 1987. The Attor- gation support, organizational and computer skills a ney will conduct research necessary to collect laws that must. Compensation package commensurate with have been enacted by previous Legislation after 1987, experience. Send resume, references and salary require- arrange and reorganize the original Law and Order ments to [email protected] or fax to (405) Codes, allow for changes and additions enacted by 285-9350. previous legislation, and include ordinances enacted after that date. REQUIREMENTS: The individual must ASSISTANT DISTRICT ATTORNEY POSITIONS possess extensive experience with Indian Law, comple- AVAILABLE: 8th District Attorney Mark L. Gibson is tion of a Juris Doctorate from an accredited Law taking applications for Assistant District Attorneys in School, and membership in the Oklahoma Bar Associa- Kay County. Experience is preferred, but entry-level tion. Proposals may be sent to: CHEYENNE-ARAPA- applicants will be considered as well. Successful appli- HO TRIBES ATTN: CHRISTINE MORTON, PRO- cants will possess self-motivation, good organizational, CUREMENT SPECIALIST P.O. BOX 38 CONCHO, communication, and computer skills. Contact Mark L. OKLAHOMA 73022 Gibson at 201 South Main, Newkirk, OK, 74647, by E- Mail at [email protected], or by fax at AV-RATED DOWNTOWN OKC LAW FIRM seeks (580)362-2335. Time is of the essence! associate with 3-8 years experience in civil defense litigation. Must be self motivated. Send resume, writing sam- LEGAL RECORDS MANAGER. Up to $39k. FT + state ple and salary requirements to: Box “HH,” Oklahoma benefits. Manages admin hearings, process and serves Bar Association, P.O. 53036, Oklahoma City, OK 73152. as docket clerk. Requires Associates & 18 mos. of legal exp or 3 ½ yrs of legal exp. Preferences may be given VERY HEAVY CASE LOAD IN EXPANDING AV- for; Legal records mgmt, court clerk or docket clerk RATED TULSA DEFENSE FIRM has created a need for exp, Case Logistix and/or paralegal or legal assistant an associate attorney. New Grad or up to 3 years expe- exp. Download application from Web site. Deadline: rience considered. Good salary, firm-paid health/life/ May 16, 2008. OK Health Care Authority Attn: Human disability/prescription drug insurance + 401(k). Resources 4545 N. Lincoln Blvd., Ste. 124 OKC, OK Send resume via fax to (918) 582-5504 or E-mail 73105 [email protected] www.okhca.org/jobs. [email protected]. All inquiries will be kept EOE strictly confidential

1202 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008 POSITIONS AVAILABLE POSITIONS AVAILABLE

APPEALS — Family Lawyer with 28 years RUBENSTEIN BRYAN MCCORMICK & PITTS in experience available for family law appeals, including Edmond, OK seeks a motivated lawyer with at least divorce/dissolution, appeals, motions to modify. two years experience in business litigation and transac- Reasonable flat fees. Contact Virginia Henson at tions. Send resume and writing sample to Mike [email protected] or (405) 642-0970. More than Rubenstein at 1503 E. 19th Street, Edmond, OK 73013. 20 reported cases. RICHARDS & CONNOR, an AV-rated Tulsa firm, is seek- ASSISTANT CITY ATTORNEY. Litigation Attorney, ing a self-motivated, ambitious attorney with 0 - 3 years Salary: $55,993-$79,144 Annually DOQ. This full-time experience in civil trial practice. Applicant should have position will represent the City in various capacities, strong writing skills and be willing to devote the time and preparing and presenting cases in State and Federal effort necessary to provide quality legal services to clients Courts; appearing before the City Council, administra- requiring a high level of service. Send resume to tive agencies, arbitration hearings; preparing legal Administrator, 525 S. Main St., 12th Fl., Tulsa, OK 74103. opinion and ordinances; reviewing tort claims; performing legal research; and writing briefs. Experi- ence in municipal government and real property law BOOKS desired. Work assignments are subject to change as determined by the City Attorney due to work load THE LAWBOOK EXCHANGE, LTD. Buys, sells and and needs of office. A minimum of three (3) years appraises all major law book sets. Also antiquarian, experience as a practicing attorney required. See job scholarly. Reprints of legal classics. Catalogues announcement at (www.cityof.lawton.ok.us) for issued in print and online MasterCard, Visa additional requirements. Applicants for the position and AmEx. (800) 422-6686; fax: (732) 382-1887; must have graduated from an accredited law school, www.lawbookexchange.com. be a member in good standing in the Oklahoma Bar Association and admitted to or eligible for immediate admission to practice in the U.S. District Court for the CLASSIFIED INFORMATION Western District of Oklahoma and the Tenth Circuit Count of Appeals. Interested applicants should submit CLASSIFIED RATES: One dollar per word per an application, resume, law school transcript, and insertion. Minimum charge $35. Add $15 surcharge 2 samples of legal writing filed in legal proceedings. per issue for blind box advertisements to cover Apply to the City of Lawton Human Resources forwarding of replies. Blind box word count Department, 1405 SW 11th Street Lawton OK 37501 must include “Box ____ , Oklahoma Bar (580)581-3392 EOE DS. Association, P.O. Box 53036, Oklahoma City, OK 73152.” Display classiﬁed ads with bold ASSISTANT ATTORNEY GENERAL, Litigation Sec- headline and border are $50 per inch. See www. tion. Applicant shall be licensed to practice law in okbar.org for issue dates and Display Ad sizes and Oklahoma and all federal courts with zero to three rates. years experience. Seeking attorney to handle case load consisting of state and federal litigation. Excellent DEADLINE: Tuesday noon before publication. research and writing skills necessary. Requires use of Ads must be prepaid. Send ad (e-mail preferred) in WordPerfect. Some travel possible. See website www. writing stating number of times to be published to: oag.ok.gov for more details. Send resume and writing Brandon Haynie, Oklahoma Bar Association sample to W.A. Drew Edmondson, Attorney General, P.O. Box 53036, Oklahoma City, OK 73152 313 N.E. 21st Street, Oklahoma City, OK 73105. Salary E-mail: [email protected] range commensurate with experience in accordance with the office pay scale. Publication and contents of any advertisement is not to be deemed an endorsement DOWNTOWN OKC LAW FIRM is seeking a litigation of the views expressed therein, nor shall the attorney with strong research and writing skills, with 0-4 publication of any advertisement be con- years experience. Send resume and writing samples in sidered an endorsement of the procedure or confidence to: Box “GG,” Oklahoma Bar Association, service involved. All placement notices must be P.O. Box 53036, Oklahoma City, 73152. clearly non-discriminatory.

Vol. 79 — No. 13 — 5/10/2008 The Oklahoma Bar Journal 1203 THE BACK PAGE Practical Tips for Hard-Working Parents By Noel J. Jacobs and Anne K. Jacobs

Although both work roles meaning you have created day, jobs can bleed into always done it keep you and family relationships can in it. home life if we’re not care- from making good changes bring much joy, many par- ful. Boundaries protect both. to bring balance back when ents feel pangs of guilt or, 7. FEEL GOOD ABOUT it’s lost. worse, resentment as sched- YOURSELF Taking care of 3. FEEL GOOD ABOUT YOUR yourself is as important as FAMILY The home is ules intensify and work 1. Haddock, S., Zimmerman, roles increase. While parents taking care of your job or intended to be the safe T., Ziemba, S., & Current, L. (2001). family. Value time in all haven in the hectic world. Ten adaptive strategies for family truly have power over and work balance: Advice from which activities are essential three domains. As difficult Your family is the most as it may seem, make time important part of your successful families. Journal of and which are negotiable, Marital and Family Therapy, 27 we often feel pushed from for yourself every day with- home! Make sure you appre- (4), 445-458. behind rather than in con- out guilt. ciate the good. Pay attention to the good things your kids Noel J. Jacobs, Ph.D. is a prac- trol. So, we are here to 6. WORK TOGETHER FOR YOUR ticing health service psycholo- encourage you: and partner do and let them FAMILY If you’re in a rela- know you are proud. gist and an assistant professor Take control! Learn to tionship, work with your of psychology at Southern practice work and life bal- partner to develop common, 2. PRIORITIZE FAMILY FUN Nazarene University (SNU) in ance by design in your lives, agreeable strategies for man- Plan for it — and then enjoy Bethany. so you feel less stressed and aging home and child it. Let yourself be a kid with responsibilities so you both your partner and kids! Even Anne K. Jacobs, Ph.D. works can enjoy your work and as a project coordinator with family roles more. Here are feel better at work. simple things like card games can be fun (and the Terrorism and Disaster 10 practical ways to do that, 5. SIMPLIFY Learn to say Center of the National Child adapted partly from a 2001 cheap) when we let our- “No, thanks. We have selves have fun. Traumatic Stress Network. The study of 41 couples who enough ____.” (like “activi- doctors Jacobs are parents to considered themselves suc- ties,” or “stuff,” or “time- 1. BE WILLING TO RETHINK two incredible twin girls and cessful at balancing work wasters” or “complicated YOUR STRATEGIES Times strive daily to practice what and family.1 recipes!”) change and strategies need they preach. to change. Don’t let the idea 10. IDENTIFY THE BEST IN 4. DON’T LET WORK RUIN YOUR WORK AND YOUR FAMILY that you should do it FAMILY TIME Just as family because you’ve Figure out why you initially members can interrupt a fell in love with your part- work ner, your kids and your job. Remem- Let ber the best and dedicate yourself yourself be to keeping it! 9. TAKE CONTROL OF a kid with DECISIONS Plan ahead, for both the your partner big activities and the mundane daily strategies. Think and and kids! consciously decide what you are and are not going to do. 8. FEEL GOOD ABOUT YOUR WORK You have something important to offer the world through your work. Appreciate your contribution and look for the

1204 The Oklahoma Bar Journal Vol. 79 — No. 13 — 5/10/2008