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Volume 86 u No. 27 u Oct. 17, 2015 ALSO INSIDE Annual Meeting • Lambird Spotlight Award Winners New Attorneys Sworn In • Section Committee to Offer Community Service HEALTH LAW SECTION: Representing Vulnerable Populations: PROGRAM: OCT. 21, 2015 NOON - 1 P.M. Oct. 21 – Health Section Law: Representing Vulnerable Popula- The Elderly and Their Families tions: The Elderly and Their Families with Mary R. Daniel (1/0) Program Presenter Oct. 28 – Health Section Law: Representing Vulnerable Popula- Mary R. Daniel, Legal Counsel, Integris Health tions: Behavioral Health Patients and Their Families (2/0) Moderator: Mary Holloway Richard, JD, MPH, Phillips Murrah PC, OCT. 28, 2015 NOON - 2 P.M. Oklahoma City Behavioral Health Patients and Their Families Panel Participants: Judge Don Andrews, Oklahoma County District Judge, Oklahoma Program Presenters City Mary Richard, JD, MPH of Counsel, Phillips Murrah P.C. Dewayne Moore, JD, General Counsel, Oklahoma Department of Mental Health and Substance Abuse Services Oklahoma City CLE CREDIT: This bundle has been approved by the Oklahoma Bar Dr. Britta Ostermeyer, MD, MBA, FAPA, Professor and Chair, Association Mandatory Continuing Legal Education Commission for 3 hours Department of Psychiatry & Behavioral Sciences, University of of mandatory CLE Credit, including 0 hours of ethics. Oklahoma, Oklahoma City Questions? Call (405) 416-7029. TUITION: Bundle both for $125 or $100 for the 2-hour and $50 for 1. No discounts. Register online at: www.okbar.org/members/cle CANCELLATION POLICY: Cancellations, discounts, refunds, or transfers are not available. REGISTER ONLINE AT WWW.OKBAR.ORG/MEMBERS/CLE 2010 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 Theme: Family Law Editor: Leslie Taylor pg. 2046 contents Annual Meeting Oct. 17, 2015 • Vol. 86 • No. 27 DE PARTMENTS 2012 From the President 2077 Editorial Calendar 2085 From the Executive Director 2087 Law Practice Tips 2090 OBA Board of Governors Actions 2093 Oklahoma Bar Foundation News 2096 Young Lawyers Division 2102 For Your Information 2104 Bench and Bar Briefs 2106 In Memoriam 2108 What’s Online 2112 The Back Page pg. 2080 FEATURES New Lawyers Admitted to 2015 The New Guardian AD LITEM and Court the Bar Expert Requirements By Michelle K. Smith 2019 Three Critical Preps for a Successful Family Mediation PLUS By Kevyn Mattax 2046 Annual Meeting 2023 Three Ways to Help Your Family Law 2076 Master Lawyers Section: New Clients Prepare for Their Court Debut Community Contribution By Michelle C. Harrington Committee to Offer Service 2029 An Introduction to the Guardianship By Barbara A. Sears Process By Joshua A. Edwards 2078 Five Honored with Mona Salyer Lambird Spotlight Awards 2035 Advice for the Oklahoma Family Law Practitioner 2080 New Lawyers Take Oath By A. Diane Hammons 2083 Committee Sign-Up Form 2041 Production of Confidential Records: A Practical Guide for the Practitioner 2084 Changes Proposed to RGDP: By Megan L. Simpson Member Comments Requested Vol. 86 — No. 27 — 10/17/2015 The Oklahoma Bar Journal 2011 FROM THE PRESIDENT The Challenging Future of the Legal Profession By David Poarch To even the casual observer it is apparent that ours is a routine services more cost-effectively. The profession in transition moved by a variety of factors. As Yogi Berra so real competition for the solo practitioner, aptly put it, “The future ain’t what it used to be.” The rising costs of legal who survived on real estate transactions education, the undeniable effect of continually changing technology, the and family estate work, is now LegalZoom 1 growing presence of unregulated alternative and other one-stop, online, DIY services.” providers, the evolving expectations of clients We all know this, of course, and the irrefutable demographics signaling but the most important ques- the impending exit of lawyers from the prac- In the next tion to be addressed here is the tice are all factors contributing to the future role we, as Oklahoma lawyers, difficulties confronting the legal profession as 10 years, the have to play in protecting the we know it — not only in Oklahoma but public, not ourselves, from the across the nation. But the real question is how baby boomers potential harm brought about we, as a bar association, will confront these by the borderless, unregulated challenges. will mostly age delivery of legal services. These A 2013 ABA study by its Task Force on services are here, and they are Legal Education found that law schools are out, leave the not going away. So what is to be operating in a difficult climate, characterized practice and done? by rising costs, strained endowments, reduced In the past 10 years the num- governmental assistance, disaffected students step down from ber of lawyers practicing law and declining applications. The study found in Oklahoma rose by about the average law school debt in 2011-2012 was the bench. 14.5 percent. However, cur- $100,000 while the median income in a declin- rently almost 60 percent of our ing job market was $60,000. In other words, membership is over the age of the median salary could not service the aver- 50. In the next 10 years, the baby boomers age debt. I submit that there has been no material change since the study (those who went to law school in the was conducted. Nor would any law school dean tell you that Oklahoma 1970s and ’80s) will mostly age out, leave has been immune from this phenomenon. It’s something we need to the practice and step down from the think about. bench. So what will be the effect on the When I started practicing law in 1977, there delivery of legal services then? More for were no fax machines, cell phones or computers. us to contemplate. There was no OSCN.net, e-discovery or case I am confident that we can meet these management software. And the people who cre- challenges to the future of the legal profes- ated Facebook, Twitter and LinkedIn were not sion by engaging with others and becom- yet born. The list goes on, but the effect of tech- ing part of the conversation. Sitting on the nology on the practice of law is inescapable, and sidelines and waiting for someone else to it is changing at an even more rapid pace than act on our behalf will yield results we will before. Where is it going? I challenge you to likely regret. When is the last time you subscribe to OBA Management Assistant Direc- heard someone other than a lawyer speak tor Jim Calloway’s blog at jimcalloway.typepad. on behalf of the third coequal branch of com, where you will be both enlightened and government? As in all of life, if we expect even frightened on occasion. He offers much to to be heard, we have to find our place at think about and consider. the table — and then speak up. I challenge “Today’s lawyers face daunting challenges you to become part of this conversation. President Poarch with the advent of new technologies resulting in 1. “The Rise of the Laptop Lawyer? Senior Mem- practices in Norman. increased access to information, standardization bers, Lonely Bowlers, and A Way Forward,” by Ste- [email protected] of services and pressure from clients to deliver phen P. Gallagher, ABA Bar Leader, Vol. 39, No. 2, 405-329-6600 Nov.-Dec. 2014. 2012 The Oklahoma Bar Journal Vol. 86 — No. 27 — 10/17/2015 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2015 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or Volume 86 u No. 27 u Oct. 17, 2015 staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or JOURNAL STAFF BOARD OF EDITORS implied by publication. Advertisers are solely responsible for the content of their ads, and JOHN MORRIS WILLIAMS, MELISSA DELACERDA, the OBA reserves the right to edit or reject Editor-in-Chief Stillwater, Chair any advertising copy for any reason. [email protected] LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of CAROL A. MANNING, Editor DIETMAR K. CAUDLE, Lawton Editors. Information about submissions can [email protected] be found at www.okbar.org. RENÉE DEMOSS, Tulsa LORI RASMUSSEN, AMANDA GRANT, Spiro BAR CENTER STAFF Assistant Editor John Morris Williams, Executive Director; [email protected] ERIN MEANS, Moore Gina L. Hendryx, General Counsel; Joe Balkenbush, Ethics Counsel; Jim Calloway, EMILY BUCHANAN, SHANNON L. PRESCOTT, Director of Management Assistance Program; Advertising Manager Okmulgee Craig D. Combs, Director of Administration; [email protected] MARK RAMSEY, Claremore Susan Damron Krug, Director of Educational Programs; Beverly Petry Lewis, Administrator MACKENZIE MCDANIEL, LESLIE TAYLOR, Ada MCLE Commission; Carol A. Manning, Director Communications Specialist of Communications; Robbin Watson, Director [email protected] JUDGE ALLEN J. WELCH, of Information Technology; Jane McConnell, Oklahoma City Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, OFFICERS & Debbie Maddox, Katherine Ogden, Steve Sullins, Assistant General Counsels BOARD OF GOVERNORS Manni Arzola, Gary Berger, Debbie Brink, DAVID A. POARCH JR., President, Norman; Laura Brown, Emily Buchanan, Tanner GLENN A. DEVOLL, Vice President, Okla- Condley, Nickie Day, Ben Douglas, homa City; GARVIN ISAACS JR., President-Elect, Oklahoma Dieadra Florence, Johnny Marie Floyd, City; RENÉE DEMOSS, Immediate Past President, Tulsa; Matt Gayle, Marley Harris, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, ROBERT D. GIFFORD II, Oklahoma City; JAMES R. GOTWALS, Durrel Lattimore, Mackenzie McDaniel, Tulsa; JAMES R. HICKS, Tulsa; DOUGLAS L. JACKSON, Enid; Renee Montgomery, Sharon Orth, Lori JOHN W.
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