Personal Injury

ALSO INSIDE: Board of Governors & YLD Vacancies Sovereignty Symposium 2021

Volume 92 — No. 6 — August 2021

Personal Injury

contents August 2021 • Vol. 92 • No. 6

THEME: Personal Injury Editor: Cassandra Coats

FEATURES PLUS

6 Wells, Whipple and the Election of Remedies 31 Sovereignty Symposium 2021 By Dustin Vanderhoof 36 OBA Nominating Petitions and Board 12 Interpleaders – How a Plaintiff’s Attorney of Governors Vacancies Can Use Them Effectively By Ashley Leavitt 16 Pitfalls of Prosecuting Premises Liability Claims Against Tribal Casinos By Hugh M. Robert and Daniel M. Phillips 20 The History and Evolution of Life Care Planning By Sherry A. Latham 26 Selected Scenes From the Upcoming Netflix Series: Good Faith – The Uninsured/ Underinsured Motorist Episode By Jacob L. Rowe and Simone Fulmer Gaus

DEPARTMENTS 4 From the President 38 From the Executive Director PAGE 31 – Sovereignty Symposium 2021 40 Law Practice Tips 44 Ethics & Professional Responsibility 46 Board of Governors Actions 52 Oklahoma Bar Foundation News 56 Young Lawyers Division 61 For Your Information 62 Bench and Bar Briefs 66 In Memoriam 67 Editorial Calendar 72 The Back Page PAGE 36 – OBA Leadership Vacancies From The President History Repeats Itself By Mike Mordy

TRAVELED EUROPE WITH TWO FRIENDS IN should make sure we better promote the study I the summer of 1977 between the time I graduated and awareness of history. from undergraduate school and started law school in the The framers of our Constitution, our forefa- fall. You could buy a Eurail train pass back then for not thers, knew and appreciated history and used much money and follow a guide titled “Europe on $10 a that knowledge when they drafted the U.S. Day.” We wound up in Munich, Germany, at some point Constitution. They had experienced strong during the trip and traveled to the Dachau Concentration governmental oppression by the British; how- Camp Memorial 10 miles north of Munich. Dachau was ever, they still adopted some of their ideals a Nazi concentration camp opened in 1933 and liberated while avoiding the monarchial British system by U.S. forces April 29, 1945. The Nazis used the camp to in favor of a democratic government. The imprison, torture and kill mainly innocent Jewish people framers knew their Greek and Roman history but also Romanians, Polish people and foreign nationals and used that knowledge to avoid a dema- from other countries Germany occupied or invaded. gogue from being able to wrestle power from Forced labor was required of the prisoners, and worst of the people. The founders did not ignore the all, prisoners were tortured and killed in medical exper- history of the brutal and oppressive Greeks iments. There were 32,000 documented deaths at the and Romans but rather used that history to camp, and thousands of deaths were undocumented. prevent history from repeating itself. This experience had a profound effect upon me not just Bad and evil have happened in the history of because I was astonished by the barbaric brutality commit- humanity and are a stain, but history, both good ted by the Nazis upon the Jewish people, but because I did and evil, is important and must be considered so not know and appreciate the extent of the Nazis’ amoral we can appreciate its impact. Studying history tyranny. I felt this history had been glossed over and and imparting history to the younger gener- had not been given the attention in my education that it ations supports and promotes the rule of law should have been given. My age group because we see the effects on mankind where studied World War II, but I remember the rule of law is not adopted, administered, thinking back in 1977 when I was at adjudicated and enforced fairly and efficiently. Dachau that the attempted extermina- The Dachau Concentration Camp Memorial tion of the Jewish race and the killing is a memorial to those who perished there; of six million Jewish men, women and however, it is also a reminder to watch for children by the Nazis was not given tyranny and to avoid any type of government the attention and study it deserved. that is intolerant of others. The recent public I bring this up because I know awareness of the Tulsa Race Massacre of 1921 is history repeats itself, and therefore, a current example, in our faces, of making sure we need to be vigilant in making we know, and all generations know, of even the sure history is taught, studied, bad history of our society so that history does discussed and appreciated. There not repeat itself. It has been famously quoted seems to be a movement in our cur- that, “Those who do not remember the past are rent culture to ignore our history or condemned to repeat it.” The same holds true despise it or, in some cases, attempt if history is not taught. We need to be vigilant President Mordy practices to destroy it. We as attorneys know to teach, study and discuss all history, good or in Ardmore. our laws and interpretations of those bad, to avoid that history and to be assured that [email protected] 580-223-4384 laws are based upon history, and we the rule of law is maintained.

4 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2021 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 92 — No. 6 — August 2021 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the content of their ads, and the OBA reserves JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair the right to edit or reject any advertising copy Editor-in-Chief for any reason. Legal articles carried in THE [email protected] LUKE ADAMS, Clinton OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita LAUREN RIMMER BAR CENTER STAFF Advertising Manager VIRGINIA D. HENSON, Norman John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Jim C. SCOTT JONES, Oklahoma City Calloway, Director of Management Assistance JANA L. KNOTT, El Reno Program; Craig D. Combs, Director of Administration; Janet K. Johnson, Director of TONY MORALES, Shawnee Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. ROY TUCKER, Muskogee Manning, Director of Communications; Dawn Shelton, Director of Strategic Communications DAVID E. YOUNGBLOOD, Atoka and Marketing; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Jennifer Brumage, Melody Claridge, Cheryl Corey, Ben Douglas, Johnny MICHAEL C. MORDY, President, Ardmore; Marie Floyd, Matt Gayle, Suzi Hendrix, Debra CHARLES E. GEISTER III, Vice President, Oklahoma City; JAMES R. Jenkins, Kiel Kondrick, Rhonda Langley, HICKS, President-Elect, Tulsa; SUSAN B. SHIELDS, Immediate Jamie Lane, Durrel Lattimore, Edward Past President, Oklahoma City; MICHAEL J. DAVIS, Durant; TIM E. Maguire, Renee Montgomery, Whitney DECLERCK, Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO Mosby, Lauren Rimmer, Tracy Sanders, Mark GARRETT, Tulsa; BENJAMIN R. HILFIGER, Muskogee; ANDREW E. Schneidewent, Kurt Stoner, Krystal Willis, HUTTER, Norman; DAVID T. MCKENZIE, Oklahoma City; MILES T. Laura Willis & Roberta Yarbrough PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; KARA I. SMITH, Oklahoma City; MICHAEL R. VANDERBURG, Ponca City; Oklahoma Bar Association 405-416-7000 RICHARD D. WHITE JR., Tulsa; APRIL J. MOANING, Chairperson, Toll Free 800-522-8065 OBA Young Lawyers Division, Oklahoma City FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Lawyers Helping Lawyers 800-364-7886 paid at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year. Law students registered with the OBA and Board of Bar Examiners 405-416-7075 senior members may subscribe for $30; all active members included in Oklahoma Bar Foundation 405-416-7070 dues. Single copies: $3

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THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 5

Personal Injury Wells, Whipple and the Election of Remedies By Dustin Vanderhoof

HE FOLLOWING IS A DISCUSSION OF RECENT Oklahoma Supreme Court cases Taddressing workers’ compensation exclusivity and intentional torts, election of remedies and the constitutionality of the Oklahoma Legislature’s limitation of workers’ compensation death benefits to spouses, children and legal guardians of employees killed in work- related incidents.

CURRENT STATUS OF THE husband’s death resulted from the employees could seek redress PARRET EXCEPTION TO defendants’ willful and intentional outside the workers’ compensation WORKERS’ COMPENSATION acts of having the decedent work scheme for injuries caused by an EXCLUSIVITY on the lights despite their knowl- employer’s intentional conduct.8 It has long been the law in edge of the substantial dangers The question facing the court was Oklahoma that the exclusive rem- associated with the task.”4 what level of intent was required edy for accidents arising out of and The Western District asked for a tort to fall outside the Workers’ in the course of one’s employment the Oklahoma Supreme Court to Compensation Act’s exclusivity was found within the Oklahoma certify the “standard of intent nec- protection. While clearly outside the Workers’ Compensation Court/ essary for an employee’s tort claim act’s protection, the court rejected Commission. In 2005, things against an employer to fall outside a specific intent to harm standard changed, and an exception to the the protection of the Oklahoma as being necessary for a plaintiff to exclusivity provisions was born. Workers’ Compensation Act.”5 circumvent the act’s exclusivity pro- Later referred to as “Parret claims,” Under the Workers’ Compensation vision. Instead, the court adopted a new type of hybrid tort was solid- Act in place at the time, an a substantial certainty standard. In ified by the Oklahoma Supreme employer was liable “for the its certified answer to the Western Court in Parret v. UNICCO Service disability or death of an employee District, the court held that an Co.1 In Parret, the deceased, an resulting from an accidental injury employer’s conduct is the func- employee of defendant UNICCO sustained by the employee arising tional equivalent to an intentional Service Co. (UNICCO), was elec- out of and in the course of employ- tort (and thus exempted from the trocuted and killed while replacing ment, without regard to fault.”6 The jurisdiction of Oklahoma’s Workers’ emergency lights at the Dayton act also made the employers’ lia- Compensation Court) where the Tire Plant owned by Bridgestone/ bility under the act “exclusive and employer “(1) desired to bring about Firestone Inc. (Bridgestone) in in place of all other liability of the the worker’s injury or (2) acted with Oklahoma City.2 UNICCO assisted employer.”7 In other words, the act the knowledge that such injury was the widow in filing and ultimately provided the exclusive remedy for substantially certain to result from receiving workers’ compensation employees (or a surviving spouse) the employer’s conduct.”9 death benefits.3 The widow then seeking redress from employers for In 2010, the Oklahoma pursued an action in the Western injuries occurring on the job. Legislature amended the exclu- District of Oklahoma against However, the Supreme Court sivity provision of the Workers’ multiple defendants, alleging “her noted, under the common law, Compensation Act to exclude

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 7 an employer’s intentional torts employer had been cited for its Finally, the court held that from the Workers’ Compensation fall prevention in the past) and the “willful, deliberate, specific Act’s reach.10 The Legislature also knew the system would lead to the intent of the employer to cause appeared to try to limit the reach decedent’s death.17 Her petition also injury, and those injuries that an of the Parret decision by attempt- challenged the constitutionality of employer knows are substantially ing to remove the substantial the Legislature’s newly created char- certain to occur, are both inten- certainty language from the acterization of “intentional tort.”18 tional torts that are not within the definition of an intentional tort: The district court ultimately scheme of the workers’ compen- found the newly crafted exclusiv- sation system or its jurisdiction.”23 An intentional tort shall exist ity provision in Okla. Stat. tit. 85, The court reversed the district only when the employee is §12 constitutional and granted the court and remanded the case injured as a result of willful, employer’s motion to dismiss, hold- for further proceedings. deliberate, specific intent of the ing “while [plaintiff’s] allegations employer to cause such injury. met the “substantial certainty” ele- THE PRECLUSIVE EFFECT OF Allegations or proof that the ment set forth in Parret v. UNICCO WORKERS’ COMPENSATION employer had knowledge that Serv. Co., 2005 OK 54, 127 P.3d 572, such injury was substantially it did not satisfy the specific intent Awards on Subsequent Intentional certain to result from its conduct definition prescribed in §12.”19 Tort Claims shall not constitute an intentional On appeal, the Court of Appeals Even though intentional tort. The issue of whether an act reversed and found Section 12 torts fall outside the Workers’ is an intentional tort shall be a unconstitutional as a special Compensation Commission’s exclu- question of law for the court.11 law. The employer sought certio- sive jurisdiction, a plaintiff can still rari review with the Oklahoma be precluded from bringing an The Legislature carried over Supreme Court. intentional tort claim if the plain- this characterization of intentional The Oklahoma Supreme Court tiff successfully recovered for the tort when it enacted the Workers’ granted certiorari but never reached same injuries before the commis- Compensation Code in 201112 and the constitutionality of Section 12. sion. In May 2020, the Oklahoma again when it limited the protec- Instead, the court clarified its rul- Supreme Court addressed this issue tions afforded to injured Oklahoma ing in Parret. The court held that spe- in Farley v. City of Claremore.24 In workers in the enactment of cific intent and substantial certainty Farley, the plaintiff was the spouse the Administrative Workers’ were only different “nomenclatures of a former Claremore firefighter Compensation Act in 2013.13 of an intentional tort.”20 As the killed while responding to an The Legislature’s characteri- court noted, “In short, Parret did emergency request for assistance zation of an intentional tort was not recognize two types or levels during a flash flood.25 Months put to the test in Wells v. Okla. of intentional torts … Rather, Parret before filing the district court Roofing & Sheet Metal, L.L.C.14 In clarified what kinds of conduct action, the plaintiff sought and suc- Wells, the deceased, a roofer, was constitute an intentional tort.”21 cessfully obtained death benefits killed when he fell from a three- The court also noted: before the Workers’ Compensation story building.15 To cross over two Commission.26 The city did not co-workers while on a roof, the An employer’s “specific intent” contest the workers’ compensation deceased was required to unhook to injure, or knowledge that an award, stipulated to the underly- a lanyard used to prevent a fall injury is “substantially cer- ing facts and did not appear at the and walked 10 feet untethered tainty to result,” equate to an hearing before the commission.27 when he fell.16 The decedent’s intentional tort. Both require a Ten months after the commission’s daughter, individually and as the knowledge of foreseeable con- order awarding death benefits, the administrator of the decedent’s sequences and are interpreted plaintiff filed a wrongful death estate, filed a civil action against to mean intentionally knowing action against the city.28 The city the decedent’s employer. The culpable acts. The belief that one specially appeared and moved daughter specifically alleged an has a different level or degree of to dismiss on several grounds, intentional tort by the employer. a tortious act, and thereby con- including that the “Workers’ Specifically, her petition alleged cluding that specific intent and Compensation remedy was the sole the employer knew its fall pre- substantial certainty are differ- remedy for plaintiff, and plaintiff vention system was faulty (the ent animals, is a fallacy.22 had previously and successfully

8 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL pursued that remedy and was seeking permitted an intentional tort intentional conduct as shown by a double recovery.”29 Without stating against an employer in state court the substantial-certainty stan- a ground, the district court dis- outside the workers’ compensa- dard. Wells did not authorize missed the plaintiff’s action. The tion scheme, it did not “recognize double or multiple recoveries plaintiff appealed and argued that multiple causes of action for the for the same injury.36 the “District Court erred because same wrongful death or injury.” In the Petition alleged death as a discussing Wells, the court stated: Based on the spouse’s suc- result of an ‘intentional tort.’”30 cessful recovery before the com- On appeal, the Supreme Court Wells explained the workers’ mission, the court affirmed the examined whether the plaintiff compensation statutes provide district court’s dismissal of the was barred from bringing a sub- a remedy for accidental inju- intentional tort claims against sequent district court action after ries but a remedy for willful the same employer for the same successfully pursuing death bene- or intended injuries lies in a injury with prejudice.37 fits in the Workers’ Compensation District Court, and … an inten- A possible dent in the employ- Commission. The court held that tional injury includes those er’s single recovery armor can be a successful death benefits award injuries which an employer found in the original Parret case. from the commission bars or possessed knowledge that an After the Oklahoma Supreme precludes a subsequent wrongful injury was substantially certain Court issued its answers to the death action against the employer – to result. Wells did not recognize Western District’s certified ques- even if the action is for an inten- multiple causes of action for the tions,38 the employer moved for tional tort under Wells.31 The court same wrongful death or injury. summary judgment because, as relied on its precedent in Pryse We did not approve the concept the employer argued, under Pryse Monument Co. v. District Court32 and that an injured employee pos- and Dyke, the plaintiff was barred Dyke v. Saint Francis Hosp. Inc.33 sessed one cause of action with from recovery. In the summary judgment briefing before the Western District, the employer in Parret argued that the plaintiff:

[E]lected to pursue her remedy in workers’ compensation court and is now precluded from maintaining a civil action for the same injury. … Under the Pryse Monument “election of remedies” rule, an employee who has two remedies for the same injury and has prosecuted one of them to conclusion is barred from resorting to another remedy.39

The court noted under Pryse, the “waiver by election” rule only applies when three elements are and reasoned that the plaintiff was a workers’ compensation rem- met: “(a) two or more remedies only entitled to a single recovery edy, three actions based upon must be in existence (b) the avail- for an injury.34 The court held that each degree of negligence, … able remedies must be inconsistent allowing the plaintiff to recover and one action based upon an [and] (c) choice of one remedy and before the commission and in a intentional tort. … Wells deter- its pursuit to conclusion must be subsequent wrongful death action mined an injured employee made with knowledge of alterna- in state court would amount could bring an action in District tives that are available.”40 In Parret, to double recovery.35 While the Court against an employer the Western District concluded the court acknowledged that Wells based upon the employer’s plaintiff did not knowingly pursue

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 9 In 2020, the Oklahoma Supreme Court brought clarity to the many questions left unanswered for decades in the context of work-related injuries resulting from intentional torts or that were deemed substantially certain to occur.

“a workers compensation claim the right of recovery. In Whipple v. this Mother is to bring her cause to the exclusion of other remedies Phillips and Sons Trucking, LLC,43 of action in the district court.”48 she might have.”41 The court noted, the plaintiff’s son was killed in a The court did not address the “Although nominally represented work-related incident. The dece- intentional tort aspect of the case; by counsel at the hearing, the dent was unmarried without kids, however, under the law discussed plaintiff was essentially unrep- so his mother brought a wrong- in Wells and Farley, because the resented throughout the brief ful death action in state court, mother did not recover death workers’ compensation process. alleging under Wells and Parret benefits before the commission, [The employer] prepared all of “that employer ‘knew or should she should not be precluded from the paperwork and submitted the have known that the injury’ to seeking recovery for an intentional claim on her behalf.”42 There could [decedent] and that ‘the resulting tort. be situations, like Parret, where death was substantially certain to a company attempts to resolve occur.’”44 Despite Section 47’s lim- CONCLUSION workers’ compensation claims on itation for workers’ compensation In 2020, the Oklahoma Supreme the plaintiff’s behalf. Arguably, death benefits to a spouse, child or Court brought clarity to the many under Parret, that would not pre- legal guardian, the district court questions left unanswered for clude a subsequent action if the granted summary judgment for decades in the context of work- plaintiff was not aware of alterna- the employer. It held that a plain- related injuries resulting from tive recovery methods. tiff’s only remedy can be sought intentional torts or that were in the workers’ compensation deemed substantially certain What if the Decedent Did Not system.45 On interlocutory appeal, to occur. Under the Oklahoma Have a Spouse, Child or Legal the Supreme Court reversed. The Supreme Court’s rulings, a Guardian at the Time of Death? court held that under Okla. Const. successful death benefits award Under Okla. Stat. tit. 85A, art. 23, §746 and Okla. Stat. tit. 12, to a spouse, child or legal guard- §47, only a spouse, child or legal §1053,47 the mother has a consti- ian from the commission bars or guardian may file a workers’ tutional right to bring a wrongful precludes a subsequent wrongful compensation death benefit death claim. By limiting workers’ death action against the employer – claim when a work-related death compensation wrongful death even if the action is for an inten- occurs. In a recent decision, the claims to the spouse, children or tional tort. The law is now clearly Oklahoma Supreme Court held legal guardians, the Legislature established as to what consti- that a mother of the decedent had nullified the mother’s right. The tutes an election of remedies, no choice but to file a wrongful court concluded, “At this time to what type of plaintiff can elect death claim in the district court avoid the constitutional prohi- said remedies and the long-term and ruled that Section 47 was an bition against abrogation of the implications of following those unconstitutional attempt to limit right of action for death, is for elections to a final conclusion.

10 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL ABOUT THE AUTHOR ... compensation ... for the disability or death of 31. Id. at ¶¶48, 51. an employee arising out of and in the course of 32. 1979 OK 71, 595 P.2d 435. Dustin Vanderhoof is an employment without regard to fault.” Id. at ¶20. 33. 1993 OK 114, 861 P.2d 295. attorney with Smolen 5. Id. at ¶1. 34. Farley, 2020 OK 30, at ¶50 n. 138 6. Id. at ¶7 (quoting Okla. Stat. tit. 85, §1-211 (quoting Dykes, 861 P.2d at 302, “Under the Law PLLC based in (2001)). teachings of Pryse Monument Co. v. District Tulsa. He is a litigation 7. Id. at ¶7 (quoting Okla. Stat. tit. 85, §12 (2001)). Court an employee who has two remedies for 8. Id. at ¶7 (quoting Roberts v. Barclay, 369 the same injury and has prosecuted one of them advocate for victims of P.2d 808, 809 (Okla.1962)). to conclusion (securing an award or judgment), catastrophic torts and civil rights 9. Id. at ¶24 (emphasis added). The court is barred from resort to the other remedy. This added that the employer’s knowledge is rule, which in essence erects a res judicata bar, is violations. He received his J.D. subjective and may be established by circumstantial applicable to compensation claimants who may from the TU College of Law. evidence, such as the “employer’s conduct and also press a tort remedy.”) all surrounding circumstances.” 35. Id. at ¶¶47-48. 10. Laws 2010, HB 2650, c. 452, §3. 36. Id. (internal footnotes omitted). ENDNOTES 11. Id. 37. Id. at ¶68. 1. 2005 OK 54, 127 P.3d 572. 12. See, Laws 2011, SB 878, c. 318, §2. 38. See, Parret, 2005 OK 54. 2. Id. at ¶3. 13. See, Okla. Stat. tit. 85A, §5. 39. Parret, 2006 WL 752877, at *2 (internal 3. Id.; see also, Parret v. Unicco Service Co., 14. 2019 OK 45, 457 P.3d 1020. citations and footnotes omitted). No. CIV-01-1432-HE, 2006 WL 752877, at *2 n. 5 15. Id. at ¶2. 40. Id. (W.D. Okla. March 21, 2006) (“UNICCO prepared 16. Id. 41. Id. at *3. all of the paperwork and submitted the claim on 17. Id. at ¶3. 42. Id. at *2 n. 5. her behalf”). 18. Id. 43. 2020 OK 75, 474 P.3d 339. 4. Id. at *1. In addition to workplace safety, 19. Id. at ¶4. 44. Id. at ¶3. the Supreme Court in Parret noted the policy 20. Id. at ¶¶7-8. 45. Id. at ¶0. considerations at play: “To facilitate workers’ 21. Id. at ¶11. 46. “The right of action to recover damages compensation and its objectives, an “industrial 22. Id. at ¶17. for injuries resulting in death shall never be bargain” was imposed. The employee gave up 23. Id. at ¶24. abrogated … .” the right to bring a common-law negligence 24. 2020 OK 30, 465 P.3d 1213. 47. Under Okla. Stat. tit. 12, §1053, “a action against the employer and in return 25. Id. at ¶2. decedent’s representative may maintain an received automatic guaranteed medical and wage 26. Id. at ¶4. action against the tortfeasor, and if no personal benefits. The employer gave up the common- 27. Id. at ¶5. representative has been appointed, the action law defenses and received reduced exposure to 28. Id. may be brought by a surviving spouse or in their liability. Thus, under section 11 of the Workers’ 29. Id. at ¶3. absence, next of kin.” Whipple, 2020 OK 75, at ¶11. Compensation Act “[e]very employer ... shall pay 30. Id. at ¶9. 48. Id. at ¶16.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 11 Personal Injury Interpleaders – How a Plaintiff’s Attorney Can Use Them Effectively By Ashley Leavitt

NTERPLEADER. DID YOU SHUDDER? Interpleaders are not as scary as they are often Iperceived. Black’s Law Dictionary describes an interpleader action as “a suit to determine a right to property held by a usually disinterested third party who is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership.” Simply put, an interpleader is a tool to use when the insurance settlement does not cover all the damages in a case.

While every plaintiff’s attorney around and keep you awake at providing prior notice of the action would ideally choose to have their night. There are seven simple steps and hearing to all medical provid- clients compensated for all medi- to resolving a client’s claim with ers before any order is entered will cal expenses, lost wages, pain and an interpleader. reduce both the chance of appeal suffering and other damages in and likelihood of the order being addition to the attorney fee at or 1. FILE THE INTERPLEADER overturned. within the policy limits of the tort- To begin, file a petition for Additionally and practically feasor’s insurance policy, that is interpleader in the county where speaking, it is a benefit to the quite often not possible. In a situa- the incident occurred1 or if the suit plaintiff’s bar to have medical tion where the plaintiff’s damages has already been filed in the mat- providers who are willing to treat outweigh the applicable insurance ter, move to amend the petition claimants and hold the balance. coverage, the plaintiff’s attorneys with permission of the adverse Each time a plaintiff’s attorney are left with few choices. party and save by not paying an distributes funds without includ- One of those choices would be additional filing fee.2 ing a medical provider in the to attempt to obtain reductions disbursement, it becomes a bit less from the medical providers, cut 2. SEND NOTICE OF THE likely that the medical provider your own fee and distribute the INTERPLEADER TO ALL will continue to treat patients funds yourself, which can be a INTERESTED PARTIES without payment upfront. Clearly, lot of work as well as back and Notice must then be sent to this will result in less treatment forth with all parties involved. all lienholders by certified mail. for injured claimants and lower Another option would be to file To guard against a potential settlements in the future. an interpleader action and have appeal, notice should also be the court divide up the settlement. sent by certified mail to all med- 3. REQUEST A HEARING While the second option may ical providers with outstanding DATE/PROVIDE PROOF OF sound expensive and time inten- balances – regardless of whether NOTICE TO THE COURT sive, rest assured it often resolves they have filed a lien.3 A lien can After all the providers and lien- claims more quickly and with less be filed quickly, and a lienholder holders have been notified of the hassle than by begging for reduc- can have standing to appeal any interpleader action, file a motion tions from providers, waiving the order in the case within 30 days of to determine liens to obtain a attorney fee or letting the case sit the filing of the order.4 However, court date and submit the motion

12 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL to the judge with a proposed order 4. DRAFT A PROPOSED Under the laws of Oklahoma, an setting the date. While it is not a ORDER OF DISBURSEMENT attorney fee may not exceed 50% rule or requirement in Oklahoma Having the order of disburse- of the net proceeds of any com- to file a proof of notice to each ment drafted prior to the hearing promise.5 Further, net is defined provider and lienholder with the will make the hearing a whole lot as the balance of a settlement after court, it does assure the court that easier and could potentially avoid litigation expenses are paid.6 due diligence has been taken and attending a hearing altogether. After the expenses are includes the notice as part of the Warning: we are about to talk about deducted from the total settle- record should any party attempt math, and we all know that lawyers ment, the attorney lien percentage to appeal the final order. After went to law school because they don’t is taken out. The remainder is to obtaining the order for hearing, like math. be divided equitably among the again notify all the providers and Warning aside, this math is lienholders,7 and all medical liens lienholders of the hearing date pretty simple. From the total settle- must be satisfied in full before and retain proof of each notice. ment, first deduct the expenses and the plaintiff is entitled to any of Often by this point, the providers then the attorney fee. The expenses the settlement proceeds.8 This will have retained attorneys who are the costs involved in the means that in the most basic case, will have filed an entry of appear- case, including the filing fee, the all outstanding liens are added ance, which makes providing charges for certified mail and any up and then the remainder of the notice a lot easier and a lot less other expenses the firm may have settlement is divided by the total expensive. After the hearing is incurred to obtain the settlement amount of liens. This will result set and the interested parties are offer from the insurance carrier, in a decimal number that converts notified, begin to draft the order such as postage or medical records. to a percentage. Then find each of disbursement. The attorney lien is pursuant to the provider’s pro rata share by taking contract you have with your client. their outstanding balance and

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 13 multiplying it by the percentage. their clients and will help you distribution. Third, the insurance Done and done. determine priority, if there is any, company could issue a single However, not all interpleaders as well as check the math. While it check to the plaintiff’s attorney are quite this easy. There are a few is good practice for the plaintiff’s for the full amount of the settle- instances when one or more liens counsel to prepare a proposed ment and rely on the plaintiff’s have priority over the rest. Any order, there are other profession- attorney to cut individual checks. lien by the Oklahoma Health Care als overseeing their work, and While this is common, it should Authority (OHCA/SoonerCare) is together you will be able to submit be noted the insurance company superior to all other liens except an agreed order to the judge that is will likely include all lienholders an attorney’s lien.9 Similarly, in line with each of your collective and payees on the single check. To Medicare makes conditional clients’ interests. avoid the need for obtaining each payments when an individual individual payee’s limited power of has an insurance claim and is 6. ORDER THE CHECKS attorney to endorse the check prior also paid in full before any pro- AND DISTRIBUTE to putting it in your firm’s IOLTA vider.10 There are additional health There are a few ways to obtain and distributing, language such as insurance companies that hold and distribute the settlement funds “plaintiff’s counsel has the limited superior liens to medical providers after an interpleader, but it mostly power of attorney to endorse the such as CHAMPUS/Tricare11 and comes down to the preference back of the settlement check(s) for ERISA policies which are most of the plaintiff’s attorney and/or any/all persons, entities, and/or often found when an individual the tortfeasor’s insurance carrier. listed payees on the proceeds paid is on a group plan through their First, the insurance carrier could by the liability insurance carrier” employer.12 Should a case involve deposit the funds to the clerk of the should be included in the order any of these liens, their amount court to distribute upon the filing of disbursement. will come out after the expenses of the order of disbursement.16 and attorney lien, and the remain- This option is not often used when 7. FILE A DISMISSAL WITH der will be divided pro rata among the plaintiff’s counsel is agreeable PREJUDICE the remaining lienholders. to the interpleader. Second, the After the order has been filed, insurance carrier could wait to the checks have been cut and the 5. CIRCULATE THE ORDER be provided with a file-stamped funds have been distributed, the AND/OR ATTEND THE copy of the order of disbursement final step of resolving a client’s HEARING and can issue checks as ordered, claim with an interpleader is to If all parties have retained an either directly to the parties, or file a dismissal with prejudice attorney, circulate the proposed by sending all individual checks to close the active case. Unlike a order for disbursement to the attor- to the plaintiff’s attorney for typical civil lawsuit, interpleader neys who have entered an appear- ance on behalf of the lienholders. If a lienholder has not obtained an attorney prior to the hearing date, they will forfeit any pro rata share of the disbursement. That is, if a lienholder wants to participate in the disbursement, they must hire an attorney.13 A lienholder may not represent itself pro se as “[a] corporation is not a natural person.14 It is an artificial entity created by law, and as such it can neither practice law by appearing in propria persona nor act in person by an officer who is not an attorney.”15 It is important to remember the other attorneys involved are looking out for the interests of

14 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL actions can be opened and closed settlement proceeds in the future. ENDNOTES within just a few months. Producing a copy of the court’s 1. 12 O.S. §2022. 2. 12 O.S. §2015(A). An interpleader can often order and matching payments will 3. 42 O.S. §§43, 46, 49. resolve a claim more quickly than alleviate the question of why a cer- 4. 12 O.S. §993. obtaining reductions from med- tain provider was or was not paid. 5. 5 O.S. §7. 6. State of Okla ex rel Okla Bar Assn. v. Watson, ical providers, as reductions are For all of these reasons, filing 1994 OK 32, 897 P 2d. 246, 252 (Okla. 1994). th a courtesy. There is no deadline an interpleader with the court can 7. Burchfield v. Bevans, 242 F.2d 239 (10 Cir. 1957). for a medical provider to respond lessen the burden of stretching a 8. 42 O.S. §§43, 46, 49; State ex rel Dept. of to a reduction request, and there settlement for the plaintiff’s attor- Human Srvcs v. Allstate, 1997 OK 91, 744 P.2d 186 (Okla. 1987). is rarely an incentive for them neys, and anything that lessens 9. 63 O.S. §5051.1(D)(1)(a). to accept a reduction. However, the burden is worth learning. 10. 42 U.S.C. §1395y. 11. 32 C.F.R. §220.11. setting a hearing on a motion to 12. 29 U.S.C §1101 et seq. determine liens gives the provider 13. Masongill v. McDevitt, 1989 OK CIV APP 82. 14. Id. a deadline to be included in the ABOUT THE AUTHOR 15. Id. at ¶8. disbursement. Further, an inter- Ashley Leavitt is an 16. 12 O.S. §2022(C). pleader ensures the provider will associate attorney with hire an attorney who understands Koller Trial Law in Tulsa. the law and court process, which A graduate of the TU ensures the plaintiff’s attorney has College of Law, her much less explanation to provide. practice consists of civil litigation Finally, an interpleader provides for personal injury, bad faith and protection if there is ever a ques- victims of crime. tion as to the disbursement of the

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 15 Personal Injury Pitfalls of Prosecuting Premises Liability Claims Against Tribal Casinos By Hugh M. Robert and Daniel M. Phillips

ROSECUTING PREMISES LIABILITY CLAIMS IN OKLAHOMA can be difficult and, Pgiven the state of the case law in this area, can be tricky to evaluate. Matters are further complicated when a governmental entity is involved, including determining which entity to notify and understanding any limits on recovery. While experience with premises liability claims and evaluation of them is generally universal, there are special considerations where claims involve tribal entities. Claims against tribal entities have their own unique set of procedures and pitfalls waiting to snare the unwary attorney. This article provides an overview of the history, the process and some important areas to pay close attention to (and pitfalls to avoid) and should serve as a primer on the subject of premises liability claims against tribal casinos.1

A BRIEF HISTORY OF that permit such gaming and must biggest revenue generators for TRIBAL GAMING be “conducted in accordance with tribes. In 2009, Oklahoma became Tribal gaming activities started a Tribal-State compact entered into the national leader in the growth with the passage of the Indian by the Indian tribe and the State … rate of tribal gaming.11 Gaming Regulatory Act (IGRA) that is in effect.”7 Initially, the tribes In 2015, tribal gaming in in October 1988.2 IGRA created began their gaming operations by Oklahoma generated $4.75 billion.12 the National Indian Gaming operating small-scale bingo halls.8 Oklahoma tribal gaming operations Commission (NIGC) to oversee Tribes located in Oklahoma focused reported more than 45.9 million vis- gaming on tribal lands3 and divided their efforts on development and its to tribal casinos in 2015. Of those types of gaming by the federally expansion of Class II gaming.9 The 45.9 million visits, 18.7 million were recognized tribes into three classes: first tribal/state Class III gaming from outside the state. These num- Class I, which includes social games compact signed in Oklahoma was bers have continued to increase.13 with small, minimal-value prizes or with the Citizen Band Potowatomi Tribal gaming is the 14th largest gaming connected to tribal ceremo- Indian Tribe of Oklahoma in 1992 industry employer in Oklahoma.14 nies or celebrations;4 Class II, which and allowed operation of video Approximately 1.8% of all jobs in includes bingo and associated bingo lottery terminals at tribal casinos.10 Oklahoma are associated with gam- games as well as non-banked card From 1992 to 2000, the tribes ing and ancillary facilities, or about games authorized or not prohibited focused their efforts on Class II one in every 47 jobs. In 2015, these by state law;5 and Class III, which games. In 2004, Oklahoma gam- employees earned around $1.368 bil- encompasses all forms of gaming ing compacts were amended to lion in wages and benefits.15 that are not in Class I or Class II.6 allow the casinos to offer Class III Tribal gaming’s exponential IGRA specifies that Class III games, including card games growth was not anticipated by gaming is only allowed in states and slot machines, which are the the early compacts. Oklahoma is

16 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL home to the largest casino in the world, the Winstar World Casino, which is owned and operated by the Chickasaw Nation. While the casinos and their revenue are a welcome addition to Oklahoma’s economy, the gaming compacts did not fully address claims for injured patrons, which leads to procedures that vary from tribe to tribe for bringing premises liability claims.

TRIBAL GAMING COMPACT Although commercial gambling is illegal on state soil, tribal lands are sovereign nations, each with their own laws. With freedom of self-governance, 33 of the 39 tribes in Oklahoma have elected to legalize gambling on their lands.16 However, pursuant to the IGRA, in order to open these casinos to the general public, each tribe must enter into a gaming compact with the state. Oklahoma adopted a model compact for this purpose.17 The model compact was largely adopted in compacts negotiated with the tribes.18 & 19 As part of the agreement to allow Oklahomans to patronize their casinos, the tribes granted a limited waiver of their sovereign immunity for personal injury claims for those who get hurt inside the casinos. However, at

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 17 the model compact).26 Thus, it is important to review the specific compact of the tribe as the procedures, notices and deadlines can be different among the tribes. In Attorneys who pursue these claims against most cases, the amount of time for the approval or denial of a claim can be extended, but this usually the tribes must pay very close attention to the requires a written agreement signed by the tribe itself. procedural and substantive requirements for It is important to note that the limited waiver of sovereign immu- initiating claims against the tribes. nity does not include dram shop cases.27 While the tribes enjoy immunity to dram shop liability, it is important to determine whether the time these compacts were ignored. Before a lawsuit can be it is actually the tribe operating conceived, neither the tribes nor filed, the injured patron must sub- the bar or restaurant. In certain the state anticipated how large the mit a notice of tort claim (notice) instances, a nontribal entity that is gaming facilities would become. to the respective Indian Nation or not immune from dram shop lia- By 2016, there were almost 200 their designated entity.22 The notice bility could be operating a bar or restaurants and bars, nine golf must identify the incident, wit- restaurant within a tribal casino. courses, five spas, seven RV parks nesses, injuries and cost of treat- with almost 375 sites, almost 50 ment. The model compact provided TRIBAL COURTS HAVE gas stations/convenience stores, for in the IGRA and adopted by EXCLUSIVE JURISDICTION several bowling centers, laser tag most tribes in Oklahoma includes Jurisdiction for claims under and a movie complex. There are the requirement that notices must be the compacts had contentious approximately 130 Indian gaming submitted to the tribe within one year beginnings. In Griffith v. Choctaw, operations, 20 of which have asso- of the incident or recovery is barred.23 the Oklahoma Supreme Court ciated hotels/resorts.20 However, if the notice is not sub- held that Oklahoma courts were With the scale and number of mitted within 90 days, potential “courts of competent jurisdic- these facilities, it is inevitable that recovery is subject to being reduced tion” pursuant to the compacts, patrons will be injured in slip- by 10%, so it is important to pro- and as such, tort claims could be and-falls or other premise-related vide the notice within 90 days if brought in Oklahoma courts.28 incidents. In those instances, the possible. Many tribes have adopted However, in Santana v. Muscogee tribe-specific gaming compacts set their own form for the notices and, (Creek) Nation, ex rel, River Spirit forth the procedures that must be in those instances, it is important to Casino, the 10th Circuit disagreed followed for such claims against use those forms or risk rejection of and, in overturning Griffith v. the tribes. Although the tribes the notice, which can cost valuable Choctaw, held that “because there enjoy sovereign immunity, the time to resubmit on the proper is no express grant of jurisdiction compacts include a limited waiver tribe-specific form. to hear compact-based tort suits of that immunity for injured Once the notice is submitted, against the Creek Nation in state patrons, so long as the procedures the tribe has a certain number court, the phrase ‘court of compe- prescribed by the gaming compact of days (90 days in the model tent jurisdiction’ does not include are followed. Gaming compacts compact)24 to approve or deny the Oklahoma’s state court.”29 In are available to the public.21 claim which varies in the differ- Sheffer v. Buffalo Run Casino, PTE, ent compacts. If the tribe does Inc., the Oklahoma Supreme Court TORT CLAIM NOTICE AND not respond within the period agreed with the 10th Circuit’s STATUTES OF LIMITATIONS of time to approve or deny the ruling in Santana to also hold that The procedures for initiating a claim, it is deemed denied.25 Be Oklahoma courts are not “courts tort claim under the gaming com- aware, the plaintiff has a limited of competent jurisdiction” under pacts are similar to governmental number of days from the date a the compact.30 In the event the tort claims, but there are critical claim is deemed denied in which tribe denies the claim, the courts differences that can cost a client if to file a lawsuit (180 days under of the tribe or its designated courts

18 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL have exclusive jurisdiction. Claims however, pre-McGirt this issue was ENDNOTES that are denied or deemed denied not prevalent due to the limited view 1. It should also be noted this article is intended to provide an outline of premises liability by the tribes must be brought of what lands were subject to tribal cases, not workers’ compensation or intentional against the tribe in the tribe’s own jurisdiction. It will be interesting torts, which have different rules and procedures. 2. “Indian Gaming Regulatory Act,” 25 U.S.C. court system or a court system to see whether future cases expand §2701 et seq. designated by the tribe, following McGirt into the civil/tort realm. 3. Id. at §§2701 – 2708. 4. Id. at §2703(6). its procedures and rules. 5. Id. at §2703(7)(A)- §2703(7)(C). “Banked” The requirement to use the CONCLUSION card games are games played against the house. 6. Id. at §2703(8). tribal court can reduce the options Premises liability cases against 7. Id. at §2710(d)(1). for plaintiffs to bring suit because Oklahoma’s tribes can present 8. Oklahoma Indian Gaming Association, oiga. org/about/#history (last accessed July 11, 2021). attorneys must be admitted to the significant risks to an attorney who 9. Id. individual tribal court and become has not fully educated themselves 10. “Tribal-State Gaming Compact between the Citizen Band Potowatomi Indian Tribe of familiar with that tribe’s rules of about prosecuting such claims Oklahoma and the State of Oklahoma,” www.bia. procedure and evidence. Even against the tribes. Attorneys who gov/sites/bia.gov/files/assets/as-ia/oig/oig/pdf/ idc-038417.pdf (last accessed July 11, 2021). still, “tribal tort law is a product of pursue these claims against the 11. Oklahoma Indian Gaming Association, oiga. common law, made up of traditions tribes must pay very close attention org/about/#history (last accessed July 11, 2021). 31 12. State Economic Impacts from Oklahoma passed down by tribal elders.” to the procedural and substantive Tribal Gaming, oiga.org/wp-content/uploads/2018/ What this means is that a nonmem- requirements for initiating claims 01/OIGA-Impact-Report-2016.pdf. 13. Id. at 22. ber, “even after they have hired against the tribes. While many of 14. Id. at 19. an attorney, will be walking into a the tribes have set up their own 15. Id. tribal court with none of the juris- legal systems and procedures, the 16. Oklahoma Indian Gaming Association, oiga.org/faqs. prudential certainty that they would status of the tribes as sovereigns 17. 3A O.S. §280, et seq. have in state or federal court.”32 means there is a lack of standard- 18. Id. 19. The language and renewal of the compacts Most patrons of tribal gaming ization between them that make have been the subject of much dispute between centers don’t realize that by enter- premises liability claims against the tribes and the governor of Oklahoma, and this article will not comment on arguments about the ing tribal land, they are impliedly the tribes challenging. renewal provisions or ongoing litigation involving consenting to the jurisdiction of the same. See “Four Oklahoma tribes sue Gov. Stitt, federal agency over gaming agreements” tribal law. Thus, because of the Tulsa World (Aug. 2020), available at https://tinyurl. “opaqueness of tribal tort law, it is com/tribessuegovernor. ABOUT THE AUTHORS 20. Statewide Economic Impacts from all but impossible for a nonmem- Hugh M. Robert is a Oklahoma Tribal Government Gaming, oiga.org/ ber to impliedly give knowing partner at Sherwood, wp-content/uploads/ 2018/01/OIGA-Impact- 33 Report-2016.pdf. consent to such law.” McCormick & Robert. 21. See www.bia.gov/as-ia/oig/gaming-compacts. The U.S. Supreme Court’s He focuses on complex 22. 3A O.S. §281 Part 6(A). 34 23. Id. at Part 6(A)(4). decision in McGirt v. Oklahoma litgation cases, including 24. Id. at Part 6(A)(8). has caused uncertainty that has business transactions & torts, personal 25. Id. 26. Id. at Part 6(A)(9)(c). shaken the criminal law landscape injury, nursing home negligence 27. Sheffer v. Buffalo Run Casino, PTE, Inc., in Oklahoma, but it is unclear if and real estate matters. He also 2013 OK 77, 315 P.3d 359 (holding “because Congress has not expressly abrogated tribal there will be future ripple effects serves as outside general counsel to immunity from private, state court dram-shop in other areas of law. In McGirt, the nonprofit organizations advising on claims and because the Peoria Tribe and its entities did not expressly waive their sovereign U.S. Supreme Court held that the state and federal compliance, board immunity by applying for and receiving a liquor boundaries of the Creek Nation governance issues, etc. license from the State of Oklahoma, the tribe is immune from dram-shop liability in state court.”) were never disestablished. As such, Dan Phillips is an 28. Griffith v. Choctaw, 2009 OK 51, 230 P.3d 488. a much larger portion of northeast attorney with Sherwood, 29. Santana v. Muscogee (Creek) Nation, ex th Oklahoma was determined to still McCormick & Robert. rel. River Spirit Casino, 508 F.App’x 821 (10 Cir. 2013), cert. denied, 133 S.Ct. 2038 (2013). 35 be within the reservations. While His practice focuses on 30. Sheffer v. Buffalo Run Casino, PTE, Inc., McGirt did not explicitly include complex litigation and 2013 OK 77, 315 P.3d 359. 31. Dollar General Corporation v. Mississippi tort claims, an expansion of tribal transactions in the areas of oil and Band of Choctaw Indians, Brief Amicus Curiae lands under this decision could have gas, real estate, probate, trusts and of the States of Oklahoma, Wyoming, Utah, Michigan, Arizona and Alabama in Support of jurisdictional ramifications on future estate planning, personal injury and Petitioners, www.scotusblog.com/wp-content/ premises liability claims against nursing home negligence. uploads/2015/09/amicus.oklahoma.pdf. 32. Id. tribes. A nontribal plaintiff against 33. Id. a tribal defendant on tribal lands 34. McGirt v. Oklahoma, 140 S.Ct. 2452 (2020). 35. Id. has generally been the exclusive jurisdiction of the tribe in civil cases;

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 19 Personal Injury The History and Evolution of Life Care Planning By Sherry A. Latham

20 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL HAT IS A LIFE CARE PLAN? By definition, “The life care plan is a dynamic docu- Wment based upon published standards of practice, comprehensive assessment, data analysis, and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs.”1

Traditionally, life care plans The first time the concept of life a Certified Life Care Planner have been used in a variety of care planning was formalized, it (CLCP), a credential offered by settings using case management appeared in a legal publication, the International Commission on principles. Since the early days of Damages in Tort Actions by Deutsch Health Care Certification (ICHCC) life care planning, the role and and Raffa.3 This publication that is often referred to as the gold arena in which the life care plan- described a life care plan and its standard. These training programs ner and life care plan has evolved appropriateness for tort litigation established the minimum require- to additional areas of law, such cases, particularly as helpful in ments of education, experience and as family law, criminal law and case management of catastrophic background of specialties to qualify private trusts in estate planning injuries. The first generation of entry not only into the training pro- for long-term care of those with authors of these expert reports grams, but also to sit for the CLCP injuries or chronic illnesses. generally came from either voca- examination. Eventually, the prac- tional rehabilitation or nursing tice of life care planning became According to Weed and Berens, backgrounds. Over the years, it an interdisciplinary specialty of the care plan has been used in has become apparent the most experts beyond that of vocational setting reserves for insurance comprehensive setting in which rehabilitation and nursing fields. companies, assisting workers’ a life care plan is used is that of While the minimum standards to compensation companies with litigation due to the necessity of qualify to sit for the certification assessing future care costs qualifying an expert in relation to exam have remained the same, associated with work-related Daubert, Kumho Tire and other rul- the field of life care planning has disabilities, the cost of future ings regarding expert witnesses. continued to emerge to become an care for health insurance com- evidence-based practice to meet the panies, assisting Trusts with CREDENTIALS AND criteria needed to withstand scru- prioritizing and managing PROFESSIONAL tiny within legal jurisdictions.4 funds and providing the client ORGANIZATIONS There are professionals who and family with an outline of Since life care planning started practice as experts in life care future care. have been used as a specialty and the specialty-wide planning without certification. primarily as a litigation tool to agreement upon a definition of life Yet, these professionals are held outline medical damages.2 care planning, subsequent training to the same standards of practice programs were developed to meet and expectations of conformity the criteria required to become to the consensus and majority

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 21 statements5 6 and the role and func- now in its development stage for Reviewing and identifying tions study outcomes developed the fourth edition. Both IACLP and missing records. through evidence-based research.7 IARP provide continuing education Assisting in preparing demand 8 9 The lack of certification by a life opportunities and venues for the life packages by preparing a life care planner negates the protective care planner to stay abreast of new care plan that provides real value to the public a certification developments and continue to meet documentation of costs as to signifies or the expectation that the set standards established by the the needs of the claimant rather the expert has met a minimum field of life care planning. Two addi- than an estimate of the dollar standard of education, experience, tional professional organizations value or in excess of value training and competency in the are available to life care planners (marginal costs) routinely uti- field of life care planning and cat- coming from specific disciplines, lized. This individualized life astrophic case management to per- the American Association of Nurse care plan for the injured party form the role of a life care planner. Life Care Planners (AANLCP) as establishes an evidence-based Since the initial CLCP credential, well as the Academy of Physician view of the future of not only the specialty of life care planning Life Care Planner (APLCP). the needs but also the costs has grown with two additional cer- All organizations provide associated with those needs tifications for life care planners: the ongoing continuing education and due to the injuries sustained Certified Nurse Life Care Planner annual conferences. The IALCP within their geographical area. (CNLCP), which is the same quali- also has a professional designa- This pre-suit report ultimately fications as the CLCP but available tion, the Fellow of International saves those involved in the only to nurses, and the Physician Academy of Life Care Planners. Its matter time and money, resolv- Life Care Planner (PLCP), which purpose is to recognize expertise, ing the case perhaps prior to is available only to board-certified experience and contribution to the engaging the litigation system. physiatrists who have already field of life care planning.10 The Assisting with identifying the completed the CLCP certification. program recognizes those life care appropriate experts by spe- It is not uncommon to have some planners who have achieved a high cialty according to the injured experts who are dually creden- level of skill and use their skills party’s injuries and/or refer- tialed, as they have achieved the and knowledge to promote the rals for ongoing care (i.e., neu- requirements of more than one of advancement of life care planning. ropsychological assessment the certifying bodies. Even still, the for a traumatic or acquired totality of certified life care planners RETAINING LIFE CARE brain injury). A seasoned life by one or more of the certifying PLANNERS care planner, typically one bodies equates to approximately The education, training and with a national practice, has a 2,000 professionals internationally. experience have metamorphosized database established over the With growth, the importance into making life care planning a years for specialty experts, and ultimately a sense of require- unique specialty and the expert which reduces the costs nor- ment came forth regarding involve- a valued member of the damages mally associated with expert ment in professional organizations team in multiple venues and roles. location services. specific to life care planning by Life care planners were tradition- Assisting and input into settle- mention in the standards, consen- ally retained as one of the last few ment conferences. sus and majority statements as needed experts and often given a Presenting the life care plan to well as identified in the role and short discovery timeline to pre- the injured party and family function studies of life care plan- pare their reports. Within this last for their input and fielding ners by the field of life care plan- decade, attorneys nationwide have questions to ensure they ning. The International Academy become more knowledgeable of understand future needs and of Life Care Planners (IALCP), not only the talent but the fore- locating those within their now under the formal umbrella sight life care planners can bring geographical area, as identi- of the International Association in prelitigation for their firm in fied in the life care plan. of Rehabilitation Professionals the following areas: Reviewing the opposing life (IARP), provides opportunities for care planner’s report against life care planners to be involved in Educating the attorneys and standards, methodology, con- the field and emergence of life care injured party of the mech- sensus and majority statements, planning. For example, Standards anisms of the injuries and and the role and functions of of Practice for life care planning is anticipated future needs. the life care planning expert.

22 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL Developing appropriate deposition or trial line of questions for opposing experts. Preparing attorneys for depos- ing the opposing life care planner. Identifying potential areas of challenge for exclusions. Identifying inclusion of trial exhibits. Collaborating with Day in the Life videography to ensure the videos are consistent with the life care plan projected needs. Assisting with special needs trust disbursement and oversight. Identifying appropriate candidates in the geographical area as sources of services to meet the needs of ongoing imple- mentation of the life care plan, who will provide advocacy and assistance to the injured party post-litigation are certain types of catastrophic requested and identifying persons as a case manager. injuries the defense attorney to be deposed in order to make should anticipate the plaintiff the determinations necessary to FROM THE DEFENSE will retain a life care plan for (i.e., evaluate the injured party’s life The life care planner on the traumatic brain injury, spinal cord care needs. Retaining a life care defense side of a case can work injury, amputation, birth injury planner after the plaintiff life care either as a consultant or as a des- case). For cases dealing with these plan is received inflates costs to the ignated expert retained for tes- catastrophic injuries, the defense defense and increases the stress timony. The roles on the defense should retain a life care plan- level of the defense expert, negat- differ only if the life care planner ning expert early in the litigation ing the positive benefits of having is asked to critique or provide peer process, rather than waiting until the expertise available as the case review of the plaintiff expert’s they have received the plaintiff life develops instead of at the final life care plan based only on the care plan. Retention of a life care hour of the litigation process. injuries sustained in the incident planner should come earlier in the that is the subject of the case and litigation process. Then, a deter- BEYOND PERSONAL INJURY: in accordance with the standards mination should be made closer to OTHER VENUES FOR THE and methodologies established in discovery deadlines as to whether LIFE CARE PLANNER the field. Specifically, Gunn notes, the life care planning expert Beyond the use of life care plan- “A defendant’s life care planning should provide only consultation ners in personal injury, there have consultant can be of great assis- or become a testifying expert. been other legal or service arenas tance in helping defense counsel Gunn adds, in order to be where their expertise and reports to identify any weaknesses in properly prepared to rebut the are beneficial. These include: the plaintiff’s proposed expert’s plaintiff’s plan and determine Family law qualifications to testify regarding whether to present a defense y Issues related to alimony the need for any given treatment plan, it is vital that much of the support for a spouse with element in the plan.”11 groundwork be laid in the early a catastrophic injury or A common defense tactical portions of case discovery.12 A chronic health care needs. error is waiting to retain a life care defense consultant can provide y Child support, often planner until after the plaintiff life early assistance by suggesting through life expectancy for care plan has been received. There the various records that should be a child with special needs.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 23 Criminal law ENDNOTES y An individual under arrest 1. International Conference on Life Care Planning and the International Academy of Life has a catastrophic injury Care Planners, adopted April 1998. or chronic health care need 2. Weed, R. (2018). Life Care Planning and that needs to be tended to Case Management, 4th edition (4th ed.). New York, NY: Routludge, p. 609. while incarcerated. 3. Deutsch, P., & Raffa, F. 1981. Damages in Tort Private trusts for families with Action (Vols. 8 & 9), New York: Matthew Bender, p. 3. 4. Id., p. 3. long-term medical needs to 5. Johnson, C., (2015), Consensus and Majority establish funding needed. Statements Derived from Life Care Planning Summits, held in 2000, 2002, 2004, 2006, 2008, 2010, 2012, Plan of care for chronic ill- 2015. Life Care Planning Journal, 13, (4), 35-38. nesses such as multiple 6. Johnson, C., Pomeranz, J., and Stetton, N. (2018). Life Care Planning Consensus and Majority sclerosis or severe autism. Statements, 2000- 2018: Are they Still Relevant and Reliable? A Delphi Study, Journal of Life Care Planning, 16 (4), 5-14. THE FUTURE OF LIFE CARE 7. Neulicht, A. T., Riddick-Grisham, S., & PLANNING Goodrich, W. R. (2010). Life Care Plan Survey 2009: Process, Methods and Protocols. Journal of As life care planning research Life Care Planning, 9(4), 131-200. continues to develop through the 8. Johnson, C., Pomeranz, J., & Stetton, N. (2018). Life Care Planning Consensus and Majority Foundation for Life Care Planning Statements, 2000-2018: Are they Still Relevant and Rehabilitation Research or and Reliable? A Delphi Study, Journal of Life Care Planning, 16(4), 5-14. other sources, thus developing 9. May, V. R., III, & MoradiRekabdarkolaee, H. additional evidence-based prac- (2020). The International Commission on Health Care Certification Life Care Planner Role and tice resources, this will evolve Function Investigation (1155100642 868009957 the practice of life care planning T. R. Owen, Ed.). Retrieved Jan. 13, 2021. 10. IARP, para. 1; https://connect.rehabpro. in legal and medical settings. org/lcp/fellow/fellow-program. Consequently, ongoing education 11. Gunn, T. R. (2018), Chapter 24 “A Defense Attorney’s Perspective on Life Care Planning,” in to both the legal and life care 1155055160 867982494 R. Weed & 1155055161 planning fields of the ongoing 867982494 D. Berens (Eds.), Life Care Planning and development of roles and venues Case Management Handbook, (4th Edition ed., pp. 1-940), New York, NY: Routludge, pp. 655-668. in which life care planners can 12. Id., p. 666. provide consultation and expertise should result in the integration of life care planners into more disciplines of both law and medicine. One would anticipate the specialty of life care planning to be more commonplace in the future.

ABOUT THE AUTHOR Sherry A. Latham is an RN, a Certified Life Care Planner and a Fellow of the International Academy of Life Care Planning. She is active in professional organizations, leadership and published in peer- reviewed journals. She co-authored the Capital Law School Life Care Planning Program and is the lead instructor. She was honored with the 2020 Outstanding Educator Award from the International Academy of Life Care Planners.

24 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL

Personal Injury Selected Scenes from the Upcoming Netflix Series: Good Faith The Uninsured/Underinsured Motorist Episode By Jacob L. Rowe and Simone Fulmer Gaus

KLAHOMA BAD FAITH LAW IS COMPLEX. This is especially true of claims involving Ouninsured/underinsured motorist (UM) coverage. This article was originally intended as an unsmiling analysis of the intersection of these two, complicated areas of law; however, given that the authors, and our readers, have just endured one of the most traumatic years in recent history, we now believe the subject matter deserves a slightly different approach.1

As such, we invite you to join INT. A Swanky, Local Bar – people hear the phrase “bad faith,” us in a moment of levity as we Happy Hour they think of some sort of a villain explore some common issues we Good Faith Lawyer sits in a corner in a smoke-filled backroom twirl- deal with in many cases we have booth nursing a club soda with lime, ing his handlebar mustache.5 handled involving an insurance iPhone in hand. In walks Referring REFERRING LAWYER: What company’s violation of the duty of Lawyer wearing a beautiful pair of do you mean? good faith in its handling of UM alligator cowboy boots. He sees Good GOOD FAITH LAWYER: Well, claims. We hope you enjoy it. Faith Lawyer and smiles. She rises to the duty of good faith and fair shake his hand. He gives her a hug dealing comes in a lot of different THE UNINSURED/ and leisurely slides into the booth. forms, but at its core, it just requires UNDERINSURED MOTORIST REFERRING LAWYER: I hope an insurance company to conduct EPISODE I didn’t keep you waiting too long! a reasonable investigation of the VOICEOVER: In the civil justice I was on the phone with my client. claim made by its insured,6 fairly system, the people are often repre- She’s got a helluva bad faith3 case, evaluate the facts gathered7 and sented by two separate yet equally and I think I could get her a ton pay all benefits it promised the important groups: the lawyers of money!4 insured it would pay. And it has to who handle claims victims make GOOD FAITH LAWYER: No do all those things promptly.8 So, against tortfeasors and the lawyers worries. I just got here. You know, tell me about this client! who represent victims against I don’t really care for the term REFERRING LAWYER: She got their own insurance companies. “bad faith.” I think it sends the rear-ended and was hurt pretty These are their stories.2 wrong message. The law says an bad. When she finished her med- insurance company is obligated ical treatment, I made a demand to handle claims submitted by its on her UM carrier and told them I policyholders in good faith and deal needed a response within 30 days, fairly with them, thus the duty of but I heard nothing until 47 days good faith and fair dealing. When later. They blew the deadline!

26 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL GOOD FAITH LAWYER: That’s not good … but it’s not necessarily a violation of the duty of good faith and fair dealing. REFERRING LAWYER: What do you mean? Under Title 36, they only have 30 days to respond. They broke the law! That’s gotta be bad faith, right? GOOD FAITH LAWYER: Not exactly. You’re talking about Okla. Stat. Tit. 36, §1250.4(C). That’s part of the Unfair Claims Settlement Practices Act9 that requires an insurer to respond to pertinent communications from a policyholder within 30 days. The Oklahoma Supreme Court has been pretty clear that the UCSPA “does not establish standards of care or standards of conduct for measuring whether an insurer has violated the duty of good faith and fair dealing.”10 REFERRING LAWYER: You mean an insurance company can just ignore people and break the law like that? GOOD FAITH LAWYER: Did they break the law, though? An insurance company only violates the UCSPA if it violates the statute flagrantly or as part of standard business practice.11 And even then, the UCSPA was designed to give the

THE OKLAHOMA BAR JOURNAL Oklahoma Insurance Department rests on a well-read copy of David REFERRING LAWYER: Not additional legislative support in Ball’s “Damages 3.” It rings. The dis- yet, but she’s on my list. I’ll prob- regulating insurance companies. It play reads “Good Faith Lawyer.” ably call her when I get off the does not create a private cause of REFERRING LAWYER: Hey, phone with you. action for policyholders.12 there! I didn’t think I’d hear from There’s a knock on the office door But that doesn’t mean it can’t you after you told me my big bad accompanied by a garbled voice. play a role in your case. The faith case was a no-go. REFERRING LAWYER: I’ll let Oklahoma Insurance Department GOOD FAITH LAWYER: That’s you know what happens. Gotta go. tells insurance companies that what I was calling about. I wanted compliance with the UCSPA is the to check in on you and your client. Ten Months Later. INT. A Modern minimum standard of performance REFERRING LAWYER: Since Office – Morning for all insurers.13 Also, insurance we talked, I spoke to the UM Good Faith Lawyer sits at a confer- companies have to know the law.14 adjuster. She told me she needed ence room table typing on a MacBook REFERRING LAWYER: So, what additional medical records before Pro while reading from a thick, three- do I do? she could complete her evaluation ring binder. Her iPhone buzzes. It’s GOOD FAITH LAWYER: One because my client had another car Referring Lawyer. of the foundational components wreck several years ago. GOOD FAITH LAWYER: Hey of the duty of good faith is rea- GOOD FAITH LAWYER: How there! Long time no see. How are you? sonable conduct.15 If there wasn’t did you handle that? REFERRING LAWYER: I’ve a good reason for the violation of REFERRING LAWYER: I wanted been better… the statute, you might be able to to tell her to go pound sand! But I GOOD FAITH LAWYER: Say argue it was unreasonable. But gathered the records they requested more about that. you won’t be able to slam your fist and sent them in a few weeks ago. REFERRING LAWYER: Well, I on the lectern and tell the jury the GOOD FAITH LAWYER: That filed suit on that bad faith case we insurance company was in “bad was the right thing to do, you talked about a while back, and I faith” and “broke the law.” know. Every automobile insur- just finished reading the insurance ance policy I see places a duty on company’s motion for summary Thunder rolls in the distance as the the insured and their attorney, if judgment. They’re arguing there lawyers continue their discussion. The they have one, to cooperate in the was a legitimate dispute17 on the sky darkens. Raindrops begin to fall insurance company’s investigation value of my client’s claim. on the ceiling-height, glass windows. of the claim. If you or your client GOOD FAITH LAWYER: That’s refuse to cooperate in reasonable pretty common. What exactly are Two Months Later. INT. Law Office – information requests, it jeopardizes they saying is the legitimate dispute? Late Afternoon their entitlement to their insurance REFERRING LAWYER: Their The desk is messy. Files are stacked coverage benefits.16 Have you heard argument is this is just a dispute on both sides of the desk. An iPhone anything from the adjuster? over the value of the claim. After

One of the foundational components of the duty of good faith is reasonable conduct.15 If there wasn’t a good reason for the violation of the statute, you might be able to argue it was unreasonable.

28 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL I gave them the prior medical insurer “has constructed a sham environment for talented lawyers to records they asked for, they offered defense to the claim or has inten- seek justice for their clients. my client a few thousand dollars. I tionally disregarded undisputed Jacob L. Rowe is a 22 say it is worth her entire UM policy facts” of the claim. trial attorney with Fulmer limit – they say it’s only worth a There is actually still a lot you Sill PLLC. His advocacy few thousand dollars. They are also can work with. The defendant’s is based on a belief that saying that because the $25,000 my insurance company may claim clients, jurors and other client received from the tortfeasor there is a legitimate dispute as decision makers have the potential settlement was more than her med- to the value of your client’s gen- to become heroes, and great ical bills, there can’t be a violation eral damages, but the main focus advocacy comes from crafting of the duty of good faith and fair here should be how the insurance compelling stories that empower dealing! company arrived at its evaluation them to fulfill that destiny. GOOD FAITH LAWYER: There and why it is evaluating the claim is definitely some authority for that so much differently than you are. ENDNOTES argument. Quine v. GEICO, 2011 OK You need to take another look at 1. This article was written in Dec. 2020. A 88, 264 P.3d 1245 dealt with a simi- the insurance company’s claim file year the authors believe is best described by a recent advertisement from the online dating lar situation. In Quine, the insured and make sure they conducted a service match.com, titled Match Made in Hell, was in the same spot your client detailed review of the materials. in which Satan and a personified version of the year 2020 fall in love. See www.youtube.com/ is in – the tortfeasor’s insurance You need to make sure they didn’t watch?v=YPq23RWpgPM. payment covered the UM insured’s overlook any critical facts23 or mis- 2. The substantive language of this introduction is very clearly attributed to the long-running special damages. Although the construe them against your client. television series Law & Order, created by Dick Wolf. Supreme Court was answering a If you can isolate that type of con- 3. In Christian v. Am. Home Assurance Co., 1977 OK 141, ¶6, 577 P.2d 899, 901, the Oklahoma certified question from the Western duct, you need to figure out why Supreme Court recognized “a distinct tort based District about whether a UM insur- it happened. Were the adjusters upon an implied duty of the insurer to act in er’s failure to tender partial pay- trained properly? Did they know good faith and deal fairly with its insured.” It held that such an action is grounded in the “special ment of a UM claim violated the and follow the law applicable to relationship” between an insurer and its insured. duty of good faith and fair dealing, the claim?24 Id. At ¶10, 904. In describing this relationship, the court noted the insurance industry is heavily 18 its ruling seemed pretty clear. It’s The key is to properly frame regulated and “quasi-public” in nature and that easy for an insurance company to your case and arguments. If you insureds have “no bargaining power” or “means of protecting himself [or herself] from the kinds get summary judgment in a case are dealing purely with a dispute of abuses” that may violate the duty of good faith involving only general damages about general damages, you’re and fair dealing. Id. The duty of good faith and fair dealing applies to insurance claims made under where the insured’s special dam- probably done. But if there is Oklahoma automobile policies, including those for ages have been paid. something else there that led to the uninsured/underinsured motorist (UM) coverage benefits. See generally Burch v. Allstate Ins. Co., REFERRING LAWYER: So, I’m undervaluation of general dam- 1998 OK 129, 977 P.2d 1057. dead in the water, huh? ages, you’ve got a fighting chance. 4. A successful plaintiff proving an insurance company violated the duty of good faith and GOOD FAITH LAWYER: Not REFERRING LAWYER: Wow. I fair dealing is entitled to damages for “financial necessarily. An insurance company guess I better get to work. There’s losses,” “embarrassment and loss of reputation” and “mental pain and suffering,” as well as any arguing legitimate dispute isn’t a lot of claim file here to review! other detriment proximately caused by the insurer’s the end of the world. Quine was GOOD FAITH LAWYER: Good conduct. Oklahoma Uniform Jury Instruction No. 19 22.2. Moreover, the mental suffering of a plaintiff pretty limited in its holding. Plus, luck! need not be “severe” or “outrageous” to justify a a legitimate dispute between the Fade out. damages award. See Timmons v. Royal Globe Life Ins. Co., 1982 OK 97, ¶32, 653 P.2d 907. insurance company and its insured 5. Timmons v. Royal Globe Ins. Co., 1982 OK doesn’t automatically warrant sum- 97, ¶25, 653 P.2 907, 914. “The gravamen of a Christian-type tort is failure to deal fairly and in mary judgment unless the insur- ABOUT THE AUTHORS good faith. Failure to abide by the implied duty ance company actually relied on it Simone Fulmer Gaus’s imposes liability. The trial court did not err in 20 refusing [a proposed jury instruction requiring for making its claims decision. For practice focuses on plaintiff to prove] ‘an actual existing evil intent to example, an insurance company traumatic brain injury mislead or deceive.’” may not win on summary judg- 6. A UM insurer “must conduct an litigation and holding investigation reasonably appropriate under the ment if it didn’t perform a proper insurance companies circumstances.” Buzzard v. Farmers Ins. Co.,1991 investigation of the claim.21 You accountable for violating the duty of OK 127, ¶14, 824 P.2d 1105, 1109. 7. Newport v. USAA, 2000 OK 59, ¶15, 11 P.3d can also survive summary judg- good faith and fair dealing. She is 190, 196. “An insurer may not treat its own insured ment based on a legitimate dispute a founding partner of Fulmer Sill, a in the manner in which an insurer may treat third- party claimants to whom no duty of good faith defense if there is evidence the firm designed to create a supportive and fair dealing is owed.”

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 29 8. Buzzard v. Farmers Ins. Co., 1991 OK 127, Nat’l Fire Ins. Co. of Hartford, 2004 OK CIV APP been exhausted due to multiple claims, the UIM ¶30, 824 P.2d 1105, 1112. 79, ¶19, 99 P.3d 725, 729, insureds “belated insurer promptly investigates and places a value on 9. We will refer to the Unfair Claims claim and failure to provide proof of loss as the claim; (3) there is a legitimate dispute regarding Settlement Practices Act as the “UCSPA.” required and requested also formed the basis of a the amount of noneconomic/general damages 10. Aduddell Lincoln Plaza Hotel v. Certain legitimate dispute between insured business and suffered by the insured; and (4) the benefits due Underwriters at Lloyd’s of London, 2015 OK CIV insurance company over expense of coverage, and payable have not been firmly established by APP 34, ¶24, 348 P.3d 223. cause of loss, amount of loss, and breach of either an agreement of the parties or entry of a 11. 36 O.S. 1250.3. policy conditions. It is well settled that a bad judgment substantiating the insured’s damages.” 12. Aduddell, ¶13, citing Walker v. Choteau faith cause of action will not lie where there is a 20. Vining v. Enter. Fin. Grp., Inc., 148 F.3d Lime Co., 1993 OK 35, ¶7, 849 P.2d 1085, 1087. legitimate dispute over such matters.” 1206, 1215. “[M]erely because there is a reasonable 13. Okla. Admin. Code. §365:15-3-2.1. 17. See Vining v. Enter. Fin. Grp., Inc. 148 basis that an insurance company could invoke to 14. Timmons v. Royal Globe Ins. Co., 1982 OK F.3d 1206, 1213 (10th Cir. 1998) “An insurer deny a claim does not necessarily immunize the 97, ¶20, 653 P.2d 907, 913-14. does not breach the duty of good faith to pay insurer from a bad faith claim if, in fact, it did not 15. See Badillo v. MidCentury Ins. Co., a claim by litigating a dispute with its insured if actually rely on that supposed reasonable basis 2005 OK 48, 121 P.3d 1080, citing McCorkle v. there is a legitimate dispute as to coverage or and instead took action in bad faith.” Great Atlantic Ins. Co., 1981 OK 128, 637 P.2d amount of the claim, and the insurer’s position is 21. Capstick v. Allstate Ins. Co., 998 F.2d 810, 583, 587. “The essence of an action for breach reasonable and legitimate,” (internal quotations 815 (10th Cir. 1993). of the duty of good faith and fair dealing ‘is and citations omitted). 22. Oulds v. Principal Mut. Life Ins. Co., 6 F.3d the insurer’s unreasonable, bad-faith conduct. 18. Quine v. GEICO, 2011 OK 88, 264, ¶19, 1431, 1442 (10th Cir. 1993). And if there is conflicting evidence from which P.3d 1245, 1250-51. “The only portion of [the UM 23. Failure to investigate critical facts related to different inferences may be drawn regarding the insured’s] claim remaining after payment from a loss can be violative of the duty of good faith and reasonableness of the insurer’s conduct, then the tortfeasor were those indeterminate sums fair dealing. See Hall v. Globe Life and Accident what is reasonable is always a question to be attributable to general damages …” Ins. Co., 1998 OK CIV APP 161, 968 P.2d 1263. determined by the trier of fact by a consideration 19. Quine v. GEICO, 2011 OK 88, 264, ¶20, 24. Failure to properly train claims handling of the circumstances in each case.’” See also P.3d 1245, 1251. “[W]e conclude that an insurer’s employees on applicable law can be violative of Oklahoma Uniform Jury Instruction No. 22.2. refusal to unconditionally tender a partial payment the duty of good faith and fair dealing. Likewise, 16. See First Bank of Turley v. Fid. and of UIM benefits does not amount to a breach of the evidence of an insurer’s “deliberate willful pattern Deposit In. Co. of Md., 1996 OK 105, ¶14, obligation to act in good faith and deal fairly when: of abusive conduct” in handling first-party claims 928 P.2d 298, 304. “An insured in turn has an (1) the insured’s economic/special damages have can be used to support a plaintiff’s position on obligation to cooperate with the insurer, which been fully recovered through payment from the summary judgment. See Vining v. Enter. Fin. Grp., is both contractual and implied in law,” (internal tortfeasor’s liability insurance; (2) after receiving 148 F.3d 1206, 1214 (10th Cir. 1998). citations omitted). See also Dixson Produce, LLC v. notice that the tortfeasor’s liability coverage has

30 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL After McGirt? Presented by the Oklahoma Supreme Court and the Sovereignty Symposium Inc. Skirvin Hilton Hotel | Oklahoma City, Oklahoma

Monday Morning | October 11, 2021 4.0 CLE credits / 0 ethics included 7:30 – 4:30 Registration Honors Lounge 8:00 – 8:30 Complimentary Continental Breakfast 10:30 – 10:45 Morning Coffee / Tea Break 12:00 – 1:15 Lunch on your own

8:30 – 12:00 PANEL A: CRIMINAL LAW | GRAND BALLROOMS A-F (THIS PANEL CONTINUES FROM 3:00 – 6:00)

CO-MODERATORS: CHUCK HOSKINS JR., Principal Chief of the Cherokee Nation DANA KUEHN, (Choctaw), Presiding Judge, Oklahoma Court of LEWIS J. JOHNSON, Assistant Chief and Chief Elect of the Criminal Appeals Seminole Nation ARVO MIKKANEN, (Kiowa/Comanche), Assistant United States RYAN LEONARD, Edinger, Leonard & Blakely, Special Counsel Attorney and Tribal Liaison, Western District of Oklahoma to Governor Kevin Stitt BOB RAVITZ, Oklahoma County Public Defender DAVID HILL, Principal Chief of the Muscogee Nation TRENT SHORES, GableGotwals KEVIN STITT, Governor of the State of Oklahoma ORVIL LOGE, District Attorney for the Fifteenth District, BILL ANOATUBBY, Governor of the Chickasaw Nation Muscogee County GARY BATTON, Chief of the Choctaw Nation

The Sovereignty Symposium was established to provide a forum in which ideas concerning common legal issues could be exchanged in a scholarly, non-adversarial environment. The Supreme Court espouses no view on any of the issues, and the positions taken by the participants are not endorsed by the Supreme Court.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 31 8:30 – 12:00 PANEL B: SIGHTS, SOUNDS AND SYMBOLS | CENTENNIAL ROOMS 1-3 Monday Afternoon (THIS PANEL CONTINUES FROM 3:00 – 6:00) 4.0 CLE credits / 0 ethics included

CO-MODERATORS: 2:45 – 3:00 Tea / Cookie Break for All Panels WINSTON SCAMBLER, Student of Native American Art KENNETH JOHNSON, (Muscogee/Seminole), Contemporary 1:00 – 2:45 OPENING CEREMONY AND KEYNOTE Jewelry Designer and Metalsmith ADDRESS | GRAND BALLROOMS A-F BILL DAVIS, (Muscogee), Singer MASTER OF CEREMONIES: STEVEN TAYLOR, Justice, GREG BIGLER, (Euchee), District Judge, Muscogee Nation Oklahoma Supreme Court, Retired KELLY HANEY, (Seminole), Artist, Former Oklahoma State CAMP CALL: GORDON YELLOWMAN, (Cheyenne), Peace Senator, Former Chief of the Seminole Nation Chief, Assistant Executive Director of Education, Cheyenne JAY SHANKER, Crowe and Dunlevy and Arapaho Tribes VANESSA JENNINGS, (Kiowa/Gila River Pima), Artist PRESENTATION OF FLAGS JERI RED CORN, (Caddo/Potawatomi), Artist HONOR GUARD: KIOWA BLACK LEGGINGS SOCIETY 8:30 – 12:00 PANEL C: RESTORATION, TRUTH SINGERS: SOUTHERN NATION INVOCATION: KRIS LADUSAU, Reverend, Dharma Center AND RECONCILIATION | CRYSTAL ROOM of Oklahoma MODERATOR: NOMA GURICH, Justice, Oklahoma Supreme Court INTRODUCTION OF KEYNOTE SPEAKERS MARTHA BARKER, (Quapaw/Osage) SPEAKER: HARVEY PRATT, (Cheyenne/Arapaho), Peace JEAN ANN RAMSEY, (Quapaw/Osage) Chief, Artist, Designer of the Smithsonian’s National Native MARY KATHRYN NAGLE, (Cherokee), Pipestem and Nagle American Veterans Memorial GORDON YELLOWMAN, (Cheyenne), Peace Chief, Assistant SPEAKER: BOB L. BLACKBURN, Executive Director, Oklahoma Executive Director of Education, Cheyenne and Arapaho Tribes History Center, Retired, Author ROBERT E. HAYES JR., Bishop, United Methodist Church, Retired SPEAKER: TOM COLE, United States Congressman for the LINDSAY ROBERTSON, Faculty Director, Center for the Study Fourth District of Oklahoma of American Indian Law and Policy, OU College of Law WELCOME: RICHARD DARBY, Chief Justice, Oklahoma Supreme Court 11:45 TRIBAL LEADERS’ AND DIGNITARIES’ PRESENTATION OF AWARDS: YVONNE KAUGER, Justice, LUNCHEON | VENETIAN ROOM Oklahoma Supreme Court MEMORIAL AND HONOR SONGS: SOUTHERN NATION THIS EVENT IS BY INVITATION ONLY CLOSING PRAYER: ROBERT E. HAYES JR., Bishop, United MASTER OF CEREMONIES: RICHARD DARBY, Chief Justice, Methodist Church, Retired Oklahoma Supreme Court INVOCATION: WILLIAM WANTLAND, (Seminole, Chickasaw 3:00 – 6:00 PANEL A: CRIMINAL LAW | and Choctaw), Bishop of the Episcopal Church, Retired GRAND BALLROOMS A-F GREETING: MIKE MORDY, President, Oklahoma Bar Association CO-MODERATORS: DANA KUEHN, (Choctaw), Presiding Judge, Oklahoma Court of

Criminal Appeals ARVO MIKKANEN, (Kiowa/Comanche), Assistant United States Attorney and Tribal Liaison, Western District of Oklahoma CASEY ROSS, (Cherokee), Director, American Indian Law & Sovereignty Center, Clinical Professor of Law, University General Counsel, Oklahoma City University MITHUN MANSINGHANI, Oklahoma Solicitor General STEPHEN GREETHAM, Senior Counsel to the Chickasaw Nation SARA HILL, Attorney General of the Cherokee Nation JONODEV CHAUDHURI, (Muscogee), Quarles & Brady, Ambassador, Muscogee Nation BOND PAYNE, Chief of Staff to Governor Kevin Stitt JARI ASKINS, Administrative Director of the Courts CHRISTOPHER B. CHANEY, Senior Counsel for Law Enforcement and Information Sharing, Office of Tribal Justice, United States Department of Justice

32 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL 3:00 – 6:00 PANEL B: SIGHTS, SOUNDS AND SYMBOLS | CENTENNIAL ROOMS 1-3 Tuesday Morning | October 12, 2021 (A CONTINUATION OF THE MORNING PANEL) 4.0 CLE credits / 2 ethics included

CO-MODERATORS: 7:30 – 4:30 Registration (Honors Lounge) WINSTON SCAMBLER, Student of Native American Art 8:00 – 8:30 Complimentary Continental Breakfast KENNETH JOHNSON, (Muscogee/Seminole), Contemporary 10:30 – 10:45 Morning Coffee / Tea Break Jewelry Designer and Metalsmith 12:00 – 1:15 Lunch on your own MARK PARKER, Dean, Schools of Music & Theatre, Oklahoma City University JEROD IMPICHCHAACHAAHA’ TATE, (Chickasaw), Composer 8:30 – 12:00 PANEL A: ENTERTWINED and Pianist ECONOMIC FUTURES | CRYSTAL ROOM JOSHUA HINSON, (Chickasaw), Director of the Chickasaw CO-MODERATORS: Language Revitalization Program RICHARD DARBY, Chief Justice, Oklahoma Supreme Court JAMES PEPPER HENRY, (Kaw/Muscogee), Director and JAMES C. COLLARD, Director of Planning and Economic Chief Operating Officer, American Indian Cultural Center Development, Citizen Potawatomi Nation Foundation HARVEY PRATT, (Cheyenne/Arapaho), Peace Chief, Artist, JOHN “ROCKY” BARRETT, Tribal Chairman, Citizen Designer of the Smithsonian’s National Native American Potawatomi Nation Veterans Memorial LISA BILLY, Legislator, Chickasaw Nation REGGIE WASSANA, Governor, Cheyenne and Arapaho Tribes 3:00 – 6:00 PANEL C: SOVEREIGNTY IN THE of Oklahoma 21st CENTURY: NEXT GENERATION ECONOMIC MELOYDE BLANCETT, Oklahoma House of Representatives, OPPORTUNITIES | CRYSTAL ROOM District 78 DEBORAH DOTSON, President, Delaware Nation CO-MODERATORS: TIM GATZ, Oklahoma Secretary of Transportation M. JOHN KANE IV, Justice, Oklahoma Supreme Court GEOFFREY STANDING BEAR, Principal Chief, Osage Nation KIRKE KICKINGBIRD, (Kiowa), Hobbs, Straus, Dean and Walker BILL G. LANCE JR., Secretary of Commerce, Chickasaw Nation WILLIAM R. NORMAN JR., (Muscogee), Hobbs, Straus, Dean DANA MURPHY, Commissioner, Oklahoma Corporation Commission and Walker CHARLES MORRIS, (Otoe Missouria), REDWIRE 8:30 – 12:00 PANEL B: JUVENILE LAW AND MATTHEW DUCHESNE, FCC Office of Native American Affairs CHILDREN’S ISSUES | CENTENNIAL ROOMS 1-3 CO-MODERATORS: 10:00 – 7:00 SPECIAL ART EXHIBITION | DOUGLAS COMBS, Justice, Oklahoma Supreme Court MEETING AREA MIKE WARREN, Associate District Judge, Harmon County, WORKS OF LES BERRYHILL, BRENT GREENWOOD, KELLY Oklahoma HANEY, NATHAN HART, VANESSA JENNINGS, KENNETH KATHRYN E. FORT, Director of Indian Law Clinic, Academic JOHNSON, MIKE LARSEN, TIMOTHY TATE NEVAQUAYA, Specialist, Michigan State University HARVEY PRATT, JERI REDCORN, PATRICK RILEY, JAY ELIZABETH BROWN, (Cherokee), Associate District Judge, SCAMBLER, D.G. SMALLING, ERIC TIPPECONNIC, JIM Adair County, Oklahoma VANDEMAN, GORDON YELLOWMAN AND TERRY ZINN. CHRISSI NIMMO, (Cherokee), Deputy General Counsel, THE ARTISTS WILL BE HANDLING ANY SALES. Cherokee Nation PHIL LUJAN, (Kiowa/Taos Pueblo), Judge of the Seminole and 6:00 RECEPTION AND FLUTE CIRCLE: Citizen Potawatomi Nations LED BY TIMOTHY TATE NEVAQUAYA | MICHAEL FLANAGAN, Associate District Judge, Cotton County MEETING AREA

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 33 8:30 – 12:00 PANEL C: HEALTH AND 1:30 – 5:30 PANEL B: GAMING | GRAND WELLBEING | GRAND BALLROOMS D-F BALLROOMS D-F CO-MODERATORS: CO-MODERATORS: DUSTIN P. ROWE, Justice, Oklahoma Supreme Court W. KEITH RAPP, Judge, Court of Civil Appeals, Division IV CHRIS ANOATUBBY, Lieutenant Governor, Chickasaw Nation MATTHEW MORGAN, Chickasaw Nation NANCY GREEN, Green Law Firm PC, Ada KENT SMITH, Associate Dean of American Indians in Medicine and Science, Professor of Anatomy, Oklahoma State JONODEV CHAUDHURI, (Muscogee), Quarles and Brady LLP, University Center for Health Sciences Muscogee (Creek) Ambassador PAUL SPICER, Professor of Anthropology, University of Oklahoma ELIZABETH HOMER, (Osage), Homer Law JANIE HIPP, General Counsel Nominee, United States WILLIAM NORMAN, Hobbs, Straus, Dean and Walker Department of Agriculture DEAN LUTHEY, GabelGotwals JACQUE SECONDINE HENSLEY, Director, Office of American D. MICHAEL MCBRIDE III, Crowe & Dunlevy Indians in Medicine and Science, Oklahoma State University 1:30 – 5:30 PANEL C: EDUCATION | GRAND Center for Health Sciences BLAKE JACKSON, Attorney/Advisor, United States Department BALLROOMS A-C of Agriculture CO-MODERATORS: CARLY GRIFFITH HOTVEDT, Director of Tribal Enterprise, Indigenous DEBORAH B. BARNES, Judge, Court of Civil Appeals, Division II Food and Agriculture Initiative, University of Arkansas JOHN HARGRAVE, Chief Executive Officer, East Central LORETTA BARRETT ODEN, Chef and Consultant University Foundation DOUG WHITE, Executive Director, Oklahoma Emergency JOY HOFMEISTER, Oklahoma Superintendent of Public Instruction Responders Assistance Program JAN BARRICK, Chief Executive Officer, Alpha Plus CHRIS TALL BEAR, GHWIC Program Director, Southern Plains FREIDA DESKIN, Founder and CEO, Astec Charter Schools Tribal Health Board PATRICK RILEY, Artist and Educator TREY HAYS, Teacher of Mathematics and Art, Tishomingo 10:00 – 12:00 PANEL D: ETHICS AND A Elementary School DISCUSSION OF THE CONCERNS OF STATE, REGGIE WHITTEN, Whitten Burrage FEDERAL AND TRIBAL JUDGES | GRAND JEFF HARGRAVE, Whitten Burrage BALLROOMS A-C ERIC TIPPECONNIC, (Comanche), Artist and Professor, California State University, San Marcos JOHN REIF, Justice, Oklahoma Supreme Court, Retired JOSHUA HINSON, (Chickasaw), Director of the Chickasaw LAUREN KING, Foster Garvey, Seattle Language Revitalization Program GREGORY D. SMITH, Chief Judge, United States Court of Indian Tuesday Afternoon Appeals, Miami Agency, Justice, Pawnee Nation Supreme Court 4.5 CLE credits / 0 ethics included LEORA E. COLEMAN, Educator 12:00 – 1:30 Lunch on your own 1:30 – 5:30 PANEL D: INTERTWINED ECONOMIC 3:30 – 3:45 Tea / Cookie Break for All Panels FUTURES | CRYSTAL ROOM CO-MODERATORS: 1:30 – 5:00 PANEL A: JUVENILE LAW | RICHARD DARBY, Chief Justice, Oklahoma Supreme Court JAMES C. COLLARD, Director of Planning and Economic CENTENNIAL ROOMS 1-3 Development, Citizen Potawatomi Nation CO-MODERATORS: LESLIE OSBORN, Oklahoma State Labor Commissioner DOUGLAS COMBS, Justice, Oklahoma Supreme Court MICHAEL D. DAVIS, President and CEO, Oklahoma Finance Authorities MIKE WARREN, Associate District Judge, Harmon County NATHAN HART, (Cheyenne), Executive Director, Department of BEN BROWN, General Counsel, Oklahoma Office of Juvenile Affairs Business at Cheyenne and Arapaho Tribes ELIZABETH BROWN, (Cherokee), Associate District Judge, LATASHIA REDHOUSE, (Dine), AIF Director, Intertribal Agriculture Council Adair County, Oklahoma TOMIE PETERSON, (Cheyenne River Sioux Tribe), AIF Assistant DEBRA GEE, (Navajo), Chief Counsel, Office of Tribal Justice Director, Intertribal Agriculture Council Administration, Chickasaw Nation VALERIE DEVOL, Devol and Associates PATTI D. BUHL, Director of Juvenile Justice, Office of the WAYNE GARNONS-WILLIAMS, Principal Director at Indigenous Attorney General, Cherokee Nation Sovereign Trade Consultancy Ltd. CORY C. ORTEGA, Assistant Prosecuting Attorney, Choctaw Nation Legal Department, Special Assistant United States 6:00 – 7:00 RECEPTION | FIRST AMERICANS Attorney (SAUSA) for the Eastern District of Oklahoma MUSEUM

This agenda is subject to revision.

34 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL The Sovereignty Symposium XXXIII October 11 – 12, 2021 Skirvin Hilton Hotel Oklahoma City, Oklahoma

Name: Occupation:

Address:

City: State Zip Code

Billing Address (if different from above)

City: State Zip Code

Nametag should read:

Email address:

Telephone: Office Cell Fax

Tribal affiliation if applicable:

Bar Association Member: Bar # State

16.5 hours of CLE credit for lawyers will be awarded, including 2.0 hours of ethics. NOTE: Please be aware that each state has its own rules and regulations, including the definition of “CLE;” therefore, certain portions of the program may not receive credit in some states.

# of Persons Registration Fee Amount Enclosed

Both Days $295 ($325 if postmarked after Sept. 27, 2021) Oct. 12, 2021 only $200 ($225 if postmarked after Sept. 27, 2021) Total Amount

We ask that you register online at www.thesovereigntysymposium.com. This site also provides hotel registration information and a detailed agenda. For hotel registration please contact the Skirvin-Hilton Hotel at 1-405-272-3040. If you wish to register by paper, please mail this form to:

THE SOVEREIGNTY SYMPOSIUM, INC. The Oklahoma Judicial Center, 2100 North Lincoln Boulevard Room 1, Oklahoma City, Oklahoma 73105-4914

Presented By THE OKLAHOMA SUPREME COURT and THE SOVEREIGNTY SYMPOSIUM

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 35 Bar News 2022 OBA Board of Governors Vacancies

Nominating Petition Supreme Court Judicial signed petition nominating a can- Deadline: 5 p.m. Friday, District Five didate to the office of member at Current: Andrew E. Hutter, Norman large on the Board of Governors, Sept. 10, 2021 Carter, Cleveland, Garvin, Grady, or three or more county bars may Jefferson, Love, McClain, Murray, file appropriate resolutions nomi- OFFICERS Stephens counties nating a candidate for this office. President-Elect (Three-year term: 2022-2024) Not less than 60 days before the Current: James R. Hicks, Tulsa Nominee: Vacant opening of the annual meeting, (One-year term: 2022) 50 or more voting members of Mr. Hicks automatically becomes Member At-Large the association may file with the OBA president Jan. 1, 2022 Current: Miles T. Pringle, executive director a signed peti- Nominee: Brian T. Hermanson, Oklahoma City tion nominating a candidate for Ponca City Statewide the office of president-elect or vice (Three-year term: 2022-2024) president, or three or more county Vice President Nominee: Vacant bar associations may file appro- Current: Charles E. Geister III, priate resolutions nominating a Oklahoma City SUMMARY OF candidate for the office. (One-year term: 2022) NOMINATIONS RULES If no one has filed for one of the Nominee: Miles T. Pringle, Not less than 60 days prior vacancies, nominations to any of Nichols Hills to the annual meeting, 25 or the above offices shall be received more voting members of the from the House of Delegates on BOARD OF GOVERNORS OBA within the Supreme Court a petition signed by not less than Supreme Court Judicial Judicial District from which 30 delegates certified to and in District Three the member of the Board of attendance at the session at which Current: David T. McKenzie, Governors is to be elected that the election is held. Oklahoma City year, shall file with the executive See Article II and Article III of Oklahoma County director, a signed petition (which OBA Bylaws for complete infor- (Three-year term: 2022-2024) may be in parts) nominating a mation regarding offices, posi- Nominee: Vacant candidate for the office of mem- tions, nominations and election ber of the Board of Governors for procedure. Supreme Court Judicial and from such judicial district, or Elections for contested posi- District Four one or more county bar associations will be held at the House of Current: Tim E. DeClerck, Enid tions within the judicial district Delegates meeting Nov. 12, during Alfalfa, Beaver, Beckham, Blaine, may file a nominating resolution the Nov. 10-12 OBA Annual Cimarron, Custer, Dewey, Ellis, nominating such a candidate. Meeting. Terms of the present Garfield, Harper, Kingfisher, Not less than 60 days prior to OBA officers and governors will Major, Roger Mills, Texas, Washita, the annual meeting, 50 or more terminate Dec. 31, 2021. Woods, Woodward counties voting members of the OBA from Nomination and resolution (Three-year term: 2022-2024) any or all judicial districts shall forms can be found at www.okbar. Nominee: Vacant file with the executive director a org/governance/bog/vacancies.

36 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL OKLAHOMA BAR ASSOCIATION NOMINATING PETITIONS (See Article II and Article III of the OBA Bylaws)

OFFICERS Bradley Gungoll, Mack Martin, Lynn Pringle, Laura Pringle, President-Elect Mike McBride III, Richard McClain, Jennifer Fischer Walford, Lane Drew Neville, Laura Pringle, John Neal, Charles D. Geister III, Brian T. Hermanson Weedn, W.C. Sellers Jr., Jimmy Jon Epstein, Mel McVay, Byrona Ponca City Oliver, Mille Otey, Dean Couch, Maule, Cody Cooper, Doug Dale, Chris Collins, Lynn Osborn, David Rick Martin, Tom Wolfe, Mary Nominating Petitions have been Cummings and John Gelders. Holloway Richard, Fred Kempf, filed nominating Brian T. Moira Watson, Larry G Ball, David Hermanson, Ponca City for A total of 462 signatures appear Pardue, David Donchin, Gerald E. President Elect of the Oklahoma on the petitions. Durbin, Andy Gunn, E. Edd Bar Association Board of Pritchett Jr., Hilary Allen, Katherine Governors for a one-year term Nominating Resolutions have Loy, Tim Martin, Ryan Deligans, beginning Jan. 1, 2022. Fifty of the been received from the following Josh Young, Lauren Lenahan, names thereon are set forth below: counties: Lauren S. Voth, Candace Lisle, Kay, Kiowa, Love, McCurtain, Rodney Cook, Justin Bates, Hilary Steven Taylor, Charles Chapel, Noble, Tulsa and Washington Clifton, Phoebe Mitchell, Fred John Gaberino, Jim Hicks, Chuck counties Leibrock, Mark Hornbeek, Terry L. Chesnut, Kimberly Hays, Joe Hawkins, Joshua Edwards, Crosthwait, Melissa DeLacerda, John Gile, Stephen Pitcock, Katie David Petty, Jim Stuart, Stephen Vice President Wagner, Jonathan Rogers, Daniel Beam, Cathy Christensen, William Carsey, Ty E. Schoenhals, Grimm, Peggy Stockwell, Jerry Miles T. Pringle C. Russell Woody, Michael P. Tubb, Jack Dawson, Mart Tisdal, Nichols Hills Whaley, Elizabeth A. Prince, Mike Turpen, Ken Williams, Alissa Jessica Hatcher, Katie Colclazier, Hutter, Brandi Nowakowski, Ron Nominating Petitions have been filed Mark McPhail and Kurt Rupert Main, Guy Clark, Ken Delashaw, nominating Miles T. Pringle, Nichols LeAnne McGill, John Oldfield, Hills for Vice President of the A total of 67 signatures appear Dwight Smith, Rex Travis, Ed Oklahoma Bar Association Board on the petitions. Wunch, Philip Hixon, Andy Hutter, of Governors for a one-year term Miles Pringle, Schaad Titus, beginning Jan. 1, 2022. Fifty of the Angela Ailles Bahm, Gary Derrick, names thereon are set forth below:

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 37 From the Executive Director I Just Do Not Know By John Morris Williams

HIS IS THE LAST BAR printable. Thanks, Carol, for your Tjournal article I will write that magic and never sending back my will involve my editor extraor- copy marked up with a red pen. dinaire. I just do not know how That is quintessential Carol. She life at the OBA will go on without can take ordinary and make a Carol Manning. For 26 years, Carol thing of beauty out of it. She truly has been the “always on deadline” is artistic in several media. magician who finagled articles out Carol has, in addition to getting of bar presidents, OBA staff and out the bar journal, staffed the countless volunteer authors. An Awards Committee and Law Day unimaginable feat for a mere mor- Committee. Both are incredibly tal. I just do not know if it will ever important missions. Her commit- be the same. In fact, I know better. ment to Law Day is truly remark- I first met Carol around 1984 able. She spent countless hours when she was at the Oklahoma getting schools to participate in the City Regional Food Bank, and I art and writing contests each year was the chair of the Oklahoma and produced the Ask a Lawyer tele- County Bar Association Young vision show. As an example of her Lawyers Division Community genius, I once assigned her the task Outreach Committee. For those of doing a video for the Habitat born before then, that is how the for Humanity House we built one Oklahoma County Bar Association Carol Manning year. It was a masterpiece. In about began its long association with the 15 seconds, I shared with her regional food bank. On initial visit We figured that out. Carol learned my vision for the video. She never to the food bank to check out their quickly that lawyers are often came back with any questions or legitimacy, Carol was the commu- last-minute people, so she imposed needed any more input. She nailed nications director and not only deadlines that allowed an exten- it beautifully. Typical Carol. opened their financial records but sion. Acting like a district judge Carol also takes the minutes facilitated a tour. Thus began a granting a final extension to sub- for the Board of Governors meet- nearly four-decade friendship mit a brief, she lured, cajoled and ings. For more than 26 years, she and working relationship. gently squeezed us all a bit to get has attended most of the board Although the calendar says those articles in. In her past life, I meetings and produced the min- otherwise, Carol is pretty much know she was a cat herder. utes for approval. I would not be timeless. She still has the positive Now, I must admit that Carol surprised if she does not sleep talk “get it done” attitude that lured and her AP Style and comma rules asking, “Who made the second?” me into being a lifelong contrib- and all those other near jailable liter- Of course, this meant when the utor to the regional food bank. ary offenses just were over my head. board traveled, she had to be Since May 2003, she has reminded Then, as is true now, I just send it to there as well. She has always been me kindly, “I need your article.” the Communications Department, dependable and a source of joy and She is perfect to work with law- and they translate what meager encouragement to all she encoun- yers. Her deadlines are artificial. effort I make into something ters. Oh, and she can sing too.

38 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL Space here does not allow me the legal profession for more than to capture all the joyful, “great 26 years, and she deserves our shoes,” creative, “Carol, what do praise and our appreciation. We you think of these?” moments all will miss her. THANK YOU, I have shared with Carol or the CAROL MANNING, FOR ALL countless dedicated hours she YOU HAVE DONE! has given to the OBA and its She can take ordinary members. May her retirement be filled with joy, adventure and and make a thing of only deadlines to get packed for many great trips near and far. I beauty out of it. just do not know how I will get To contact Executive Director my articles done on time and in Williams, email him at johnw@ the correct form. I do know this: okbar.org. Carol has been a dedicated and faithful servant to the OBA and

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 39 Law Practice Tips Client Selection: How to Red Flag High-Risk Clients (Including Relatives) By Jim Calloway

NE THING YOU DO NOT lawyers this client has used on the principles at stake in legal disputes, Olearn in law school is what matter are both deemed crooks, in and there is sometimes “bet the clients you should not represent. the future, the client will be sitting company” litigation where a loss Veteran lawyers have hopefully in front of another lawyer describ- may be the end of the business. learned what potential clients they ing you as a crook. However, generally, the client who should avoid, but it is still not a per- The simple solution to the serial says money is no object will change fect process. Almost every lawyer client is to send that client to that their opinion at approximately the has a story of that client they wish next lawyer now and remove time they receive the first bill. they had never represented. I’ve had yourself from the “crook” chain. Even when the client is will- several discussions with lawyers This is certainly not to suggest ing to battle for a principle and dealing with a grievance, and they that every time you are the second understands the cost-benefit ratio frequently repeat, “I knew when I lawyer on a case (or perhaps even in this battle may not be positive, took the case that I shouldn’t do it.” the third), the client is a problem it is still appropriate to consider While it is often a subjective client. A few deft questions will whether this means you are taking decision on who you will represent expose whether the prior coun- on a matter incapable of settle- and who you shouldn’t, there are sel gave less-than-adequate legal ment or out-of-court resolution. In some clear warning signs. Let’s dis- representation, potential conflicts these days, where judges strongly cuss the warning signs of potential of interest or other matters that encourage early settlement and problem clients. Unfortunately, no might necessitate obtaining new often will send litigants through such treatment can be exhaustive, counsel. One easy test is to gauge mediation, arbitration or other and there are exceptions to every the person’s reaction when you methods of alternative dispute rule. But when a client exhibits say you may need to contact the resolution, consider whether this several of these warning signs, it is previous lawyer to discuss some- attitude will significantly impair appropriate to ask yourself whether thing. A strong and angry reaction your ability to bring this matter you are the right lawyer to repre- forbidding you from contacting to a resolution. sent this client. the prior lawyer with no explanation is a strong signal to pass on LAST-MINUTE LARRY THE SERIAL CLIENT this engagement. When consulted on a legal This client comes to you after matter on the eve of a critical having first been represented by THE CLIENT WHO SAYS, deadline a client has known about one or more lawyers. The client ‘MONEY IS NO OBJECT, for some time, you have received may even give you very clear IT’S THE PRINCIPLE THAT’S a warning signal. Many of us warning signs by describing the AT STAKE.’ lead busy lives. Often, a 30-day other lawyers as incompetent This is almost a cliche in deadline on a summons or other or “crooks.” It is not difficult to legal circles. Many times, there notice of legal proceeding signals appreciate that when the two prior are important and significant to the client that the lawyer must

40 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL be seen within that 30-day period, ‘YOU WANTED ME TO they have relied on for advice for a and they may put things off until BRING SOMETHING TO long time. There is certainly noth- the last minute. They may not THE APPOINTMENT?’ ing wrong with that, nor is there appreciate that a document must Many legal matters turn on con- anything wrong with this person be drafted by the lawyer and filed tracts, documents and other types being supportive and encouraging at a courthouse within that period. of evidence. When the client should by accompanying the client to the However, it is also true that a cli- have in their possession an import- initial interview with their lawyer. ent with a meritless claim or who ant document that is significant However, if the advisor who has been rejected by other lawyers to the matter and does not bring it accompanies the client insists on because of troublesome facts in to the appointment to discuss this sitting in the initial interview and the disputed matter will wait until matter with the lawyer, this is a the client will not allow you to the last minute and hope they very strong warning sign. In fact, talk to them separately, several can rope you into representation it may be that the client is comfort- legal issues present themselves. because you will focus on the able with giving you their interpre- Among these is whether you are immediate deadline rather than tation of the document hoping to impairing attorney/client privilege the underlying merits. get you to represent them in this by allowing a third party to listen When a client contacts you matter, when ultimately, the docu- to the discussion (the answer here on the day of or the day before a ment you will finally receive differs is almost always yes). It may be a deadline in a litigation matter, it greatly from what you were told. workable compromise for you to may be wise to contact plaintiff’s meet briefly with everyone before counsel to see whether you are YOU ARE ‘CO-COUNSEL’ confidential facts are discussed. the first lawyer who has contacted WITH THE CLIENT’S MOTHER that lawyer about this matter. Many people have family members, close personal friends, ministers and other individuals

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 41 THE CLIENT WHO IS HAVING of what the ultimate result in the own good. We can all think back THEIR FEES PAID BY A THIRD matter would be. It was thought to the national publicity given to PARTY the gentle persuasion of the lawyer the lawyer who sued the cleaners It is often appropriate to have a over time, combined with the client for multiple millions of dollars client’s fees paid by a third party; getting a realistic view of the cost based on losing a single pair of however, good practice dictates of contesting the matter, would pants. Ultimately, the greedy client that one would never accept fees make the client more reasonable. will be recognized as such by a from a third party without having Whether that was true or even jury, and this may result in them the third party sign an agreement ethical back then matters not. The receiving less than they might to the effect they are giving the fees simple fact is this is not true today. have received if they had pre- to the client to be given to you as A client who has incredibly unreal- sented a more sympathetic case. a retainer, they understand they istic expectations about a matter is And, of course, if you obtain a will not be entitled to confidential, very likely to result in a client who successful result for them, this cli- privileged information and they refuses reasonable attempts to com- ent will turn to arguing with you understand they may not ask for a promise, who is unhappy with the about the amount of your fees. refund of the money so advanced. attorney throughout the proceed- See my October 2014 Law Practices ing and ultimately who will file a YOU HAVE A BAD FEELING Tips column, “Client: ‘Can My bar complaint against their lawyer ABOUT A CLIENT YOU JUST Parents Pay for My Attorney Fees?’, when the matter is concluded. CANNOT QUANTIFY Lawyer: ‘Yes, but…’” at www. It is appropriate, however, to This is a much more challeng- okbar.org/lpt_articles/client-can- outline to the client in clear and ing situation for lawyers but is my-parents-pay-for-my-attorney- unmistakable terms your view of probably one of the most import- fees-lawyer-yes-but, which includes the facts and the range of out- ant categories to recognize. We some language that can be used comes. If the client listens to you are trained to rely on facts and to draft such an agreement. about your view and moderates not our gut feelings; however, if theirs, they may be a very teach- a client appears to you to be less NO PAY NELLIE able client. than credible or if there is some- The client who is reluctant to thing about their story you just sign a retainer agreement and THE GREEDY CLIENT do not believe without referring who also has a good excuse as to This is a subspecies of the client to any external facts, what is the why the retainer cannot be paid with unrealistic expectations, but likelihood a judge, jury or another immediately is an obvious prob- here, it is all about the money. finder of facts will have the same lem. Getting an adequate retainer Certainly, an individual who has reaction when the client’s credibil- is, of course, a basic tenet of good been wronged or disabled by ity is at issue? If you are not com- law practice management. The the acts of another has a right to fortable with a potential client, it client who cannot pay a retainer is want fair compensation, but some may be best for you and that client certainly a business situation many clients may be too greedy for their if they retain a different lawyer. lawyers encounter. The client with apparent financial assets who still refuses to pay a retainer fee is a client who should be shown the door. It is critical that you never allow yourself to be placed in a position where you are more committed to a client’s matter than the client is.

THE ETERNAL OPTIMIST A difficult client is a client who has unrealistic expectations about the relief they may be seeking. In an earlier time, lawyers would often take matters with the client espousing an unreasonable view

42 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL WHAT ABOUT REPRESENTING extreme to decline every single need to be communicated to RELATIVES? case just because there is a family a potential client, and forcing It is very common for lawyers member involved. your relative to read and sign (and some advisors to lawyers) to One value a lawyer brings to an agreement may help them categorically state never represent a matter is objectivity. If there appreciate this is now a profes- your relatives. For many of these, is any reason the relationship sional relationship. they are just repeating advice they would cloud your objectivity, it is have been given over the years. For not only a good plan but perhaps CONCLUSION others, they may have a particular even required under legal ethics Hopefully, by following these horror story based on represent- rules to let another lawyer handle tips, you will not have to deal with ing a relative. However, it is not the matter. too many clients you wish you my position that you should never Here are some other hard and had never met. It should be noted, represent relatives. Certainly, when fast “black letter” rules from me however, that people with dis- you represent a relative, there is the associated with representing agreeable personalities have more potential for many negatives. Let’s relatives: legal disputes than some of the discuss these potential problems rest of us. So, do not be surprised briefly so you can deal with them, Never represent a relative in a if occasionally, despite your best hopefully in advance. A relative as contested family law matter. efforts, you find yourself repre- a client may: Family law is simply too close senting a problem client. and too personal for you to be Expect to receive legal services objective. In addition, the col- for free. lateral consequences of family Mr. Calloway is OBA Management Fail to respect your profes- law matters impact other fam- Assistance Program director. Need sional judgment because they ily members besides the two of a quick answer to a tech problem knew you “way back when.” you. If a child is absent from or help solving a management Have a negative view of your the family Christmas gather- dilemma? Contact him at 405-416- advice based on things you ing, this could be a black cloud 7008, 800-522-8060, jimc@okbar. know nothing about. that hangs over the holiday org or find more tips at www.okbar. Inaccurately relate stories later impacting everyone, includ- org/map. It’s a free member benefit. about the representation to ing your immediate family other family members that you and your client’s family. And are barred from correcting. let’s face it, complaining about the bad break one got in their However, I do not categorically divorce is often a topic of con- say you should never represent a versation when family mem- family member. But extra caution bers get together. It is better is warranted. Consider this hypo- for you to not be a part of thetical: Suppose you believed you that discussion. were perhaps the best DUI defense Never represent a family lawyer in your area. You had both member without a written, attended and taught seminars on signed fee agreement. Some advanced DUI defense techniques. would say you should never Other lawyers sometimes contact represent a family member you for advice about their DUI for free. I leave that to your cases. Suppose your nephew is discretion. I would strongly arrested for first offense DUI, and suggest, however, that it is your brother brings the nephew appropriate to have a relative in to discuss the case with you. read and sign an attorney fee Do you really believe it is in your agreement even if you then nephew’s best interest for you to charge a modest, flat fee for automatically send him to another the entire matter. There are attorney because of the relation- items within your standard ship? This is why it may be too attorney/client agreement that

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 43 Ethics & Professional Responsibility ‘Oh No, You Can’t Say That’* Responding to Online Criticism By Richard Stevens

AWYERS ARE OFTEN THE was involved, or to respond to CONTROVERSY? Ltarget of criticism. Lawyers face allegations in any proceeding ABA 496 concludes that a criticism from clients, opposing concerning the lawyer’s repre- negative online review is not a parties, other lawyers and even sentation of the client. “controversy between the lawyer (supposed) disinterested third and the client” for the purposes parties. Faced with issues of con- Online criticism is not “a proof ORPC 1.6(b)(5). Quoting New fidentiality and concerned with ceeding concerning the lawyer’s rep- York State Bar Association Ethics a (hopefully) unwarranted nega- resentation of the client.” Similarly, Opinion 1032 (2014), the ABA tive review, how should a lawyer online criticism is not a “criminal Standing Committee on Ethics respond? Indeed, how may a law- charge or civil claim against the law- and Professional Responsibility yer respond? ABA Formal Opinion yer based upon conduct in which stated, “Unflattering but less 496 explores the ethical pitfalls of the client was involved.” Therefore, formal comments on the skills responding to online criticism. as ABA 496 puts it, “The remaining of lawyers, whether in hallway question is whether online criticism chatter, a newspaper account, or a CONFIDENTIALITY rises to the level of a controversy website, are an inevitable incident The main concern for a lawyer between a lawyer and client and, if of the practice of a public profes- in responding to online criticism so, whether responding online to the sion, and may even contribute to is revealing confidential informa- criticism is reasonably necessary the body of knowledge available tion. OPRC 1.6 provides: to defend against it.” about lawyers for prospective

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Paragraph (b) further states:

(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client

44 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL Lawyers should also consider ignoring negative posts or reviews.

clients seeking legal advice.” The an invitation to contact the lawyer committee further concluded that privately to resolve the matter. If a public response is not reason- the poster accepts the invitation, ably necessary or contemplated by the dispute may be resolved. If not, ORPC 1.6(b). The committee noted, then the lawyer has offered to do so while there are some exceptions, in a manner that will accompany the majority of state ethics opinions the negative post in online pos- dealing with this subject have found terity. A lawyer may also respond that critical online postings do not that professional considerations rise to a level of controversy that preclude a response. The lawyer allows a lawyer to disclose confi- may respond directly to a client or dential information in a response. former client but must not disclose information relating to that client’s WHAT CAN YOU SAY? representation online. The opinion concludes by offer- The opinion contains much ing several possible responses to more information. I encourage online criticism or negative reviews. anyone who finds themselves the They include a request by the law- object of online criticism to read yer that the website or search engine ABA Formal Opinion 496. host remove the information. Such request may not disclose information relating to any client’s repre- Mr. Stevens is OBA ethics counsel. sentation or information that could Have an ethics question? It’s a reasonably lead to the discovery of member benefit, and all inquiries confidential information by oth- are confidential. Contact him at ers. Lawyers should also consider [email protected] or 405-416- ignoring negative posts or reviews. 7055. Ethics information is also Responding may draw more atten- online at www.okbar.org/ec. tion and invite further responses from the critic. Lawyers may post *“Sweet Revenge” by John Prine

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 45 Board of Governors Actions Meeting Summaries

The Oklahoma Bar Association Board group, President Mordy and with participate in the OBA Day at the of Governors met on April 16. hotel management to discuss the Capitol program. She said the YLD 2021 Annual Meeting. will do a joint drive-through wills REPORT OF THE PRESIDENT event with Oklahoma Indian Legal President Mordy reported he BOARD MEMBER REPORTS Services, which is an expansion of attended meetings concerning Governor Davis reported he the YLD’s former Wills for Heroes the annual Solo & Small Firm presented ethics rules for state events. She said the division is Conference, filmed member bene- employees to the Oklahoma preparing for Tuesday’s swearing- fit promotional videos, presented Association of College and in ceremony and will have the the Law Day contest grand prize University business officers Junction Coffee food truck onsite winner with her plaque and award and attended the Law Schools to provide coffee and cookies. She and wrote his president’s message Committee’s virtual site visit to wrote an article for the bar journal for the bar journal. the TU College of Law. Governor and attended Day at the Capitol, DeClerck reported he attended an ABA Disaster Legal Services REPORT OF THE the OBA Day at the Capitol pro- Program meeting and collaborative PRESIDENT-ELECT gram. Governor Garrett reported meeting between OILS and YLD. President-Elect Hicks reported she is working with Oklahoma he attended the OBA Day at the City attorney Felina Rivera on an REPORT OF THE Capitol program, 2022 planning OBA medical cannabis web series GENERAL COUNSEL meeting with Executive Director called “Between Two Weeds.” General Counsel Hendryx Williams and Administrative Governor Hutter reported he reported the Professional Assistant Debbie Brink, Oklahoma attended a Cleveland County Responsibility Commission will Attorneys Mutual Insurance Co. Bar Association monthly meet- meet next Friday via Zoom and in board meeting and Oklahoma Bar ing. Governor Pringle reported person for a reprimand. This will Foundation grant awards meeting. he chaired the OBA Day at the be the first PRC meeting of its new Capitol program, wrote a leg- year. She said requests for speakers REPORT OF THE islative update article for the for in-person CLE programs are EXECUTIVE DIRECTOR bar journal, wrote an article for starting to come in. A written report Executive Director Williams the Briefcase and attended the of PRC actions and OBA disci- reported he toured the new Oklahoma County Bar Association plinary matters for March was sub- Oklahoma City convention center Briefcase meeting. Governor mitted to the board for its review. and visited a site to view a video- Smith, unable to attend the conference system in operation. meeting, reported she wrote an BOARD LIAISON REPORTS He also attended meetings of the article for the Oklahoma Bar Journal Governor Rochelle said the Access staff directors, Solo & Small Firm encouraging the submission of to Justice Committee has created Conference Planning Committee nominations for OBA awards. a one-page flier for court clerks, and Legislative Monitoring which will be submitted to the Committee in addition to the REPORT OF THE YOUNG Access to Justice Commission virtual Day at the Capitol pro- LAWYERS DIVISION and to the Board of Governors gram. He also had meetings with Governor Moaning reported for review at its next meeting. President-Elect Hicks regarding the division did not have a meet- Governor Vanderburg said the 2022 planning, videoconferencing ing last month, and YLD board Awards Committee will hold its vendors, Collaborative Lawyers members were encouraged to next meeting in August. Governor

46 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL Davis said the Law Schools to noon. The hotline has had a few reached out to committee chair Committee just finished its calls, so there hasn’t been a need Jeannie Snider, long-time com- visit to the TU College of Law, for legal assistance from private mittee member Peggy Stockwell which was done virtually. This attorneys because calls were not and A Chance to Change liaison completes visits to all three law legal needs, or the caller was not Robyn Goggs about reviewing schools, and the committee is eligible for the free legal services. the program’s marketing. They preparing a report to the Board of Governor Hilfiger said the Law will meet next week with the OBA Governors. He shared that applica- Day contest is done, and the communications team. Governor tions to law schools have doubled. committee is prepping for events White said the Legal Internship Governor Hutter said the Bench in the fall. After the winners were Committee received an inquiry and Bar Committee will hold its posted to the website and recog- from an out-of-state attorney offer- next meeting next week and will nized in the bar journal, the coming to help but didn’t know how discuss social media for judges. mittee discovered two entries in to respond. Executive Director Governor DeClerck said Disaster the seventh grade writing category Williams volunteered to handle Response & Relief Committee contained plagiarism, and the sec- the inquiry. Governor Pringle Chair Molly Aspan is meeting ond place and honorable mention said the Legislative Monitoring weekly with FEMA, Legal Aid awards were rescinded. Committee will be gearing up for Services of Oklahoma, Oklahoma Past President Shields said its Legislative Debrief in August. Indian Legal Services and Legal Lawyers Helping Lawyers Governor Garrett said the Women Services Corp. to coordinate pro- Assistance Program monthly in Law Committee has several viding legal services related to the discussion groups have been events in the works, including an winter ice storm. Working with continuing. President Mordy said in-person conference on Oct. 1, Executive Director Williams, the his recent article in the Oklahoma and she shared details about pro- hotline was activated March 31, Bar Journal was about the LHL grams that will be part of the con- with calls being answered on program, and he received a ference. Networking events were Wednesday mornings from 9 a.m. heartfelt response. As a result, he held in Tulsa at The Roosevelt and in Oklahoma City at the Sunset Patio Bar, both with outdoor patio locations for both members and law school outreach. A blood drive is also planned June 14 from 1:30 - 4:30 p.m. on the west side of the Governor Moaning said the YLD will do a joint Oklahoma Bar Center. drive-through wills event with Oklahoma Indian BOARD OF EDITORS President Mordy said he has Legal Services, which is an expansion of the not yet recruited a volunteer to fill the vacancy of the Supreme Court YLD’s former Wills for Heroes events. District 9 position on the Board of Editors.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 47 STRATEGIC PLANNING as a result voted not to hold the The Oklahoma Bar Association Board COMMITTEE AND conference this year. Educational of Governors met on Friday, May 21. FINANCIAL PLANNING Programs Director Johnson and SUBCOMMITTEE Management Assistance Program REPORT OF THE PRESIDENT APPOINTMENTS Director Calloway were asked for President Mordy reported he President Mordy announced he their comments. It was noted the attended the swearing-in of new has appointed Bryon Will, Yukon; OBA is locked into holding the OBA admittees, Solo & Small Firm Kaleb Hennigh, Enid; Robert conference at the Choctaw Casino Conference Planning Committee Sartin, Tulsa; Ken Williams, Resort in Durant next year on meetings, meetings for July 30, 2021, Tulsa; and Brandi Nowakowski, June 23-25, 2022. In place of the OBA event at the Jones Assembly in Shawnee, to the Strategic Planning 2021 conference, it was suggested Oklahoma City, meeting concern- Committee, and President-Elect a summer series of five or six CLE ing Annual Meeting and recording Hicks has also appointed these programs of interest to solo and sessions for the “Member Minute” members to the Financial small firm practitioners be offered. regarding OBA benefits. He also Planning Subcommittee with Another idea is to offer a daylong attended the Seminole County Law terms expiring 12/31/2023. CLE program with a social event Day event and added that it was at the end in Oklahoma City at held on the front lawn of the county DAY AT THE CAPITOL AND the end of July. courthouse with a good crowd and LEGISLATIVE SESSION REPORT was fabulous. As Legislative Monitoring FUTURE BOARD MEETINGS Committee Chair, Governor President Mordy said Executive REPORT OF THE Pringle said the virtual Day at the Director Williams has made the PRESIDENT-ELECT Capitol program was a good event, decision to open the bar center President-Elect Hicks reported and his legislative reports are June 1 to meetings and staff he attended the OAMIC board being published in the bar journal returning to the building. The meeting, Tulsa County Bar and on the OBA website. May board meeting will continue Foundation golf tournament, OBA to be virtual. Executive Director Diversity Committee meeting, SOLO & SMALL FIRM Williams said an OBA directors Tulsa County Bar Association CONFERENCE in-person meeting was recently open house and Oklahoma Bar Executive Director Williams held in the board room with a Foundation meeting. He contacted said a meeting of the conference maximum capacity of about eight prospective members of the 2021 planning committee was held people with social distancing. Budget Committee. Monday, and he had been directed Emerson Hall, which has been to negotiate a contract with a stop used for board meetings in the REPORT OF PAST PRESIDENT loss clause. Staff members did past, is also an option. Discussion Past President Shields reported make a site visit. He described the followed about considerations. No she attended the Investment environment with social distanc- decision was reached about the Committee meeting and heard a ing requirements, which was not June meeting. report about President Mordy’s good because it was very restric- wonderful speech at the Seminole tive. He said even though there ORIENTATION County Law Day event. is a possibility restrictions may Ethics Counsel Richard Stevens be eased or removed in several and MCLE Administrator Beverly REPORT OF THE months, we have to deal with the Lewis reviewed the duties of their EXECUTIVE DIRECTOR rules as they exist now. With the departments to brief new board Executive Director Williams conditions described by the hotel, members. reported he attended the the conference couldn’t be held as swearing-in of new admittees, it has been done in the past that Investment Committee meet- encouraged collegiality. He didn’t ing, Solo & Small Firm Planning think it would be a positive expe- Committee meetings, National rience. The committee decided the Association of Bar Executives conditions as proposed and the virtual Chief Staff Retreat, YLD contractual arrangements were board meeting and meetings not beneficial to the OBA and with a vendor on proposed video

48 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL upgrades. He also attended the a meeting of the Legislative REPORT OF THE YOUNG Seminole County Law Day events Monitoring Committee. Governor LAWYERS DIVISION at which he presented CLE and Vanderburg reported the Kay Governor Moaning reported met with an investment advisor. County Bar Association contacted she attended the swearing-in of all three law schools and received the new OBA admittees and pre- BOARD MEMBER REPORTS three qualifying applications for pared a welcome message for the Governor DeClerck reported the scholarships for which $29,000 new lawyers. Governor Moaning he has been appointed to the will be awarded cumulatively. Two indicated that since the Solo & Garfield County Resolutions of the scholarship recipients are Small Firm Conference in June Committee. Governor Edwards seniors from OCU, and the third is has been cancelled, the YLD June reported he attended the Seminole a first-year law student attending meeting will be used to update County Law Day CLE and lun- OU. He attended the Oklahoma the Young Adult Guide. cheon and a Clients’ Security Association of Municipal Attorneys Fund meeting. Governor spring seminar remote meet- REPORT OF THE Garrett reported that as Audit ings and CLE training, which GENERAL COUNSEL Committee Chairperson she was excellent and the Oklahoma General Counsel Hendryx discussed the annual audit with Municipal Judges Association reported an inmate at the Federal Administration Director Combs annual CLE seminar, which was Correctional Institution in El Reno and recorded a second CLE for an all-day session. He mentioned has filed an action in the Oklahoma the OBA CLE Department’s that of particular interest was Supreme Court against the OBA cannabis series. Governor Hutter a presentation to the municipal and State of Oklahoma. It is an reported he attended a Bench judges, essentially asking that application to assume original juris- and Bar Committee meeting, they consider making use of the diction and a writ of prohibition Cleveland County Bar Association District Court Mediation Program seeking various remedies against monthly CLE and the Oklahoma as a feature in certain municipal criminal defense attorneys and Courthouse Lawyers Education court disputes. While this may not the OBA. The Office of the General Series in Oklahoma County. It was be a major issue as the municipal Counsel responded to same on an informational series about sen- courts are exclusively criminal behalf of the OBA. The case num- tencing put on by Judge Palumbo. misdemeanors, there may be some ber is 119,532. A written report of Governor Pringle reported he possibilities in nuisance abatement PRC actions and OBA disciplinary attended a Briefcase Committee cases and certain disputes arising matters for April was submitted to meeting for the Oklahoma County in neighborhood complaints. the board for its review. Bar Association and chaired

Governor Vanderburg mentioned that of particular interest was a presentation to the municipal judges, essentially asking that they consider making use of the District Court Mediation Program as a feature in certain municipal court disputes.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 49 Past President Shields said the Investment Committee met, and the OBA is doing good with investments.

BOARD LIAISON REPORTS Committee met, and the OBA August. Governor Garrett said the Governor Hutter said the is doing good with investments. Women in Law Committee met, Bench and Bar Committee is Chairperson Joe Crosthwait led and they have their line up for the working on their social media the meeting where they went conference set. The conference will campaign rules and regulations. over investments. Morgan Stanley be in October. They are currently They are going to submit them to currently handles the CSF account. thinking about a CLE on missing the court for approval before pro- There was discussion regard- and murdered indigenous people, ceeding. Governor Edwards indi- ing sending out some RFPs, and judicial leadership, civility in the cated the Clients’ Security Fund Administration Director Combs courtroom and much more. The Committee met, and there were a has already sent those out. They committee has also scheduled a number of claims submitted and are looking at custodial fees, fees blood drive on June 14 from 1:30 - approved, with multiple claims associated with mutual funds and 4 p.m. in the OBA parking lot. filed against the same attorneys. alternate options with reduced Governor DeClerck indicated costs. Governor Hilfiger said CLE PROGRAMMING Disaster Response & Relief the Law Day Committee sent SIMILAR TO CANCELLED Committee Chairperson Molly out a survey on June 4, 2021, to SOLO CONFERENCE Aspan has changed firms and is teachers who participated in the Executive Director Williams now practicing with Practice LLP. event. There were 36 responses said Educational Programs He noted that the FEMA decla- received and a suggestion that Director Johnson is planning ration will end at the end of May. in order to get other teachers a CLE Summer Series with six The disaster responders have all involved next year, effort should CLE programs, one each Tuesday done a good job of routing the be concentrated on notifying the with the first CLE on June 22, the callers through 211 (statewide principals of the schools instead final CLE on Tuesday, July 27 and number for social services), and of the teachers. This year, 30% a Social Mixer to conclude the OILS and Legal Aid Services have of the teachers found out about program on July 30. All attendees done a good job. President-Elect the Law Day Contest through will be invited to attend the social Hicks indicated the Diversity their principals. They are work- planned for July 30 at the Jones Committee is planning CLE sex- ing on the September Law Day Assembly in Oklahoma City from ual harassment at the workplace and television show for OETA 5 - 8 p.m. and will be provided seminars. The diversity awards with a possible McGirt segment. with two drink tickets. The caveat deadline is August 2, and the President Mordy mentioned to this statement is that one must committee is planning to have its that the student who was the register for the mixer and at least awards dinner in conjunction with grand champion winner was one of the CLE programs must be the Annual Meeting. Executive from Ardmore. Governor Pringle purchased for that to be available. Director Williams confirmed advised that Sine Die is next they are serious about having the week, and the next Legislative dinner on Thursday during the Monitoring Committee meeting Annual Meeting. Past President will be to plan the Legislative Shields said the Investment Debrief, tentatively scheduled in

50 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL BOARD OF EDITORS APPLICATION TO STRIKE ORIENTATION President Mordy said he has FOR FAILURE TO REINSTATE IT Director Robbin Watson not yet recruited a volunteer to fill AFTER SUSPENSION FOR reviewed the duties of her depart- the vacancy of the Supreme Court NONCOMPLIANCE WITH 2019 ment to brief new board members District 9 position on the Board of MCLE REQUIREMENTS and briefed them on several projects Editors. The board voted to approve the she is working on – migration to list of members who did not rein- Office 365, getting the file server onto COMMUNICATIONS state after suspension for noncompli- file share and improving the audio/ DIRECTOR RETIREMENT ance with 2019 MCLE requirements. video in the meeting rooms, specifi- In the absence of cally Room 131 and the hearing room. Communications Director Carol ACCESS TO JUSTICE Manning, Executive Director COMMITTEE REQUESTS NEXT MEETING Williams announced that Director ENDORSEMENT/APPROVAL The Board of Governors met Manning has set her retirement OF THE COURT CLERKS ‘HOW in June and July, and a summary date for August 2. Her last board CAN WE HELP’ BROCHURE of those actions will be published meeting will be July 30. AND PERMISSION TO AFFIX in the Oklahoma Bar Journal once OBA LOGO TO THE DOCUMENT the minutes are approved. The APPLICATION TO SUSPEND Although President Mordy next board meeting will be at FOR FAILURE TO PAY 2021 DUES asked for discussion, there was 10 a.m. Friday, August 27, at the Executive Director Williams no discussion. The board voted to Oklahoma Bar Center. explained the process of suspen- approve the list. sion advising that notice to show cause is mailed followed by very PROFESSIONAL diligent efforts to contact each RESPONSIBILITY TRIBUNAL person on the list before the appli- APPOINTMENTS cation is filed with the court. The The board approved President board voted to approve the list. Mordy’s reappointment of Jeff Trevillion, Oklahoma City; Melissa APPLICATION TO DeLacerda, Stillwater; Lane R. SUSPEND FOR FAILURE TO Neal, Oklahoma City; and Roy D. COMPLY WITH 2020 MCLE Tucker, Muskogee, to the PRT with REQUIREMENTS terms expiring 6/30/2024. The board voted to approve the list of members who have BUDGET COMMITTEE not complied with 2020 MCLE APPOINTMENTS requirements. The board approved President- Elect Hicks’ appointments to the APPLICATION TO STRIKE Budget Committee: FOR FAILURE TO REINSTATE AFTER SUSPENSION FOR Members of House of Delegates – NONPAYMENT OF 2020 DUES Philip Hixon, Tulsa; Ed Blau, The board voted to approve the Oklahoma City; T. Chase McBride, list of members who did not rein- Pryor; Alissa Hutter, Norman; and state after suspension for nonpay- John Weedn, Miami ment of 2020 dues. Board of Governors – Tim DeClerck, Enid; Amber Peckio Garrett, Tulsa; and Michael J. Davis, Durant Attorney Members – April Moaning, Oklahoma City; Dylan Erwin, Oklahoma City; Brian Hermanson, Ponca City; Miles Pringle, Nichols Hills; and Jimmy Oliver, Stillwater.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 51 Bar Foundation News OBF Celebrates 75th Anniversary with Court Grants to all 77 Counties By Candice Pace

HE OKLAHOMA BAR 2021 COURT GRANT RECIPIENTS: TFoundation is excited to announce that after its 2021 District Court Grant Amount Technology Grant grants and awards process, all Analysis, design and Court of Criminal & 77 Oklahoma counties will have $5,000 development for case Civil Appeals received at least one OBF Court management software Grant. This year’s grants will go to Haskell County $8,424 Courtroom evidence display 16 county courts, including the last Courtroom audio improvement LeFlore County $23,630 remaining nine counties that had project not previously applied for a grant. Love County $20,879 Courtroom audio system “It’s been our goal to improve the administration of justice in each Muskogee County $17,517.48 Two Skype CARTs county court since the establishment Pittsburgh County $8,758.74 Video conferencing equipment of our program in 2007. This year, One SMART Board and Tulsa County $21,673.04 in honor of our 75th anniversary, accessories the board is very excited to make this a reality,” says OBF Grants & Awards Chair Andrew Shank. This year’s court grants, total- 2021 75th ANNIVERSARY COURT GRANTS ($3,000 EACH): ing $132,882.26, will provide modern technological equipment and District Court updates to improve the admin- Bryan County Latimer County istration of justice in Oklahoma Carter County Logan County county courts. Choctaw County Texas County The OBF funds law-related non- Grant County Woods County profits, court improvements and law school scholarships. For more Kingfisher County news and information, visit www. okbarfoundation.org.

Ms. Pace is OBF director of development & communications.

52 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL

Young Lawyers Division New Opportunities to Serve and Lead By April Moaning

F YOU ARE LIKE ME, YOU for the 2021 Annual Meeting. The NOMINATING PROCEDURE Ihave spent countless hours scroll- conference, which is scheduled Article 5 of the division bylaws ing memes and social media posts for Aug. 4-10, includes a combi- requires that any eligible member about the “outside opening back nation of virtual and in-person wishing to run for office must up.” The phrase is meant to provide events. ABA YLD events such as submit a nominating petition to comic relief, but it really is quite the general assembly, “Day Party the Nominating Committee. The strange to think just a year ago, we Open Mic,” and 5K will all be petition must be signed by at least were quarantined in our homes and conducted virtually. I am excited 10 members of the OBA YLD and unable to spend time with our loved about attending a conference with must be submitted by the deadline ones. In addition to the separation so many interactive virtual events! set by the Nominating Committee from my friends and family, one chairperson. A separate petition restriction I found difficult was JOIN OUR TEAM must be filed for each opening, my inability to attend networking Many of my colleagues have except a petition for a directorship events and serve the community. expressed that although they enjoy shall be valid for one-year and I was recently able to interact the intellectual challenges associ- two-year terms and at-large posi- with fellow colleagues as the OBA ated with the practice of law, they tions. A person must be eligible for YLD met in person after more than feel most fulfilled when utilizing division membership for the entire a year of virtual meetings. During their time and skills to empower term for which elected. the meeting, we dedicated much of those who are voiceless. Members our time to brainstorming com- of the YLD have committed to ELIGIBILITY munity service projects. We deter- lead with a servant’s heart. This All OBA members in good mined our first course of action includes advocating for a wide standing who were admitted to will be to schedule meetings with array of individuals in our com- the practice of law 10 years ago or school superintendents in order to munity and participating in events less are members of the OBA YLD. identify high school events YLD such as those described above. Membership is automatic – if you members can attend. Ultimately, Every lawyer who was first were first admitted to the practice our goal is to help educate students admitted to the practice of law in of law in 2011 or later, you are a regarding important legal topics. any jurisdiction within the past 10 member of the OBA YLD! We also pledged to volunteer this years is automatically a member of month at a drive-through wills the YLD. This means you have an ELECTION PROCEDURE event hosted by Oklahoma Indian open invitation to each and every Article 5 of the division bylaws Legal Services. To say we are YLD meeting, community service governs the election procedure. In excited about jumping in feet first project and social event. Should September, a list of all eligible can- would be an understatement! you desire to serve as a represen- didates will be published in the Although OBA YLD has com- tative for your district and lead by Oklahoma Bar Journal. Ballots will menced in-person meetings, the example, I encourage you to apply be emailed Oct. 1 to all YLD mem- American Bar Association (ABA) for the YLD Board of Directors. bers at the email address in the has implemented a hybrid model official OBA roster. All members

56 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL 2022 YLD BOARD VACANCIES* of the division may vote for officers and at-large directorships. Only OFFICERS District 4: Alfalfa, Beaver, those members with OBA roster Officer positions serve a one-year Beckham, Blaine, Cimarron, addresses within a subject judicial term. Custer, Dewey, Ellis, Garfield, district may vote for that district’s Chairperson-Elect: Any member Harper, Kingfisher, Major, director. The members of the of the division having Roger Mills, Texas, Washita, Nominating Committee shall only previously served for at Woods and Woodward counties vote in the event of a tie. Please see least one year on the OBA District 5: Carter, Cleveland, OBA YLD Bylaws for additional YLD Board of Directors. The Garvin, Grady, Jefferson, information at www.okbar.org/ chairperson-elect automatically Love, McClain, Murray and yld/bylaws. becomes the chairperson of Stephens counties the division for 2023. District 6: Tulsa County DEADLINE Treasurer: Any member of the District 7: Adair, Cherokee, Nominating petitions, accom- OBA YLD Board of Directors Creek, Delaware, Mayes, panied by a photograph and bio may be elected by the Muskogee, Okmulgee and (in electronic form) for publica- membership of the division Wagoner counties tion in the OBJ, must be received to serve in this office. District 8: Coal, Hughes, Lincoln, by Nominating Committee Secretary: Any member of the Logan, Noble, Okfuskee, Payne, Chairperson Jordan L. Haygood at OBA YLD Board of Directors Pontotoc, Pottawatomie and [email protected] may be elected by the Seminole counties no later than 5 p.m. Friday, Aug. 13. membership of the division District 9: Caddo, Canadian, Results of the election will be to serve in this office. Comanche, Cotton, Greer, announced at the YLD meeting Harmon, Jackson, Kiowa and at the OBA Annual Meeting BOARD OF DIRECTORS Tillman counties Nov. 10-12 at the Sheridan Hotel Board of Directors members At-Large: All counties in Oklahoma City. serve a two-year term. At-Large (Rural): Any county District 1: Craig, Grant, Kay, other than Tulsa County and TIPS FROM THE NOMINATING Nowata, Osage, Ottawa, Oklahoma County COMMITTEE CHAIRPERSON Pawnee, Rogers and A sample nominating peti- Washington counties *Confirming vacant positions tion can be found at www. District 2: Atoka, Bryan, was still underway at the time okbar.org/YLD/elections. This Choctaw, Haskell, Johnston, this article went to press. Some will help give you an idea of Latimer, LeFlore, McCurtain, vacancies are being filled by the format and information McIntosh, Marshall, Pittsburg, appointment. For the most current required by OBA YLD Bylaws Pushmataha and Sequoyah information, go to www.okbar.org/ (one is also available from the counties yld/elections. Nominating Committee). Email District 3: Oklahoma [email protected]

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 57 or derwin@holladaychilton. You can have more than one Petitions submitted without com to request a nominating petition for the same position a photograph and/or brief bio petition. and add the total number of are subject to being disqual- Obtain signatures (electronic original signatures. ified at the discretion of the signatures are permitted) on Don’t wait until the last Nominating Committee. your nominating petition from minute – I will not accept at least 10 lawyers who were petitions that are scanned and first admitted to practice law in emailed after the deadline. Ms. Moaning practices in the state of Oklahoma within Membership eligibility Oklahoma City and serves as the the past 10 years. Signatures extends to Dec. 31 of any year YLD chairperson. She may be on the nominating petitions that you are eligible. contacted at aprilmoaninglaw@ do not have to be from young Membership eligibility starts gmail.com. Keep up with the YLD lawyers in your own district from the date of your first at www.facebook.com/obayld. (the restriction on districts only admission to the practice of applies to voting). law, even if outside of the Take your petition to local state of Oklahoma. county bar meetings or the All candidates’ photographs courthouse and introduce and brief biographical data yourself to other young are required to be published lawyers while asking them to in the OBJ. All biographical sign – it’s a good way to start data must be submitted by networking. email, with no exceptions.

58 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL

• NOTICE OF PETITION FOR REINSTATEMENT •

NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT OF JOEL EDWARD SCOTT, III, SCBD # 6962 TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION

Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Joel Edward Scott, III should be reinstated to active membership in the Oklahoma Bar Association.

Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma, at 9:30 a.m. on TUESDAY, AUGUST 24, 2021. Any person wishing to appear should contact Loraine Dillinder Farabow, First Assistant General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.

PROFESSIONAL RESPONSIBILITY TRIBUNAL For Your Information

JNC ELECTION RESULTS ANNOUNCED IMPORTANT UPCOMING Attorneys Joel C. Hall of Oklahoma DATES City and David K. Petty of Guymon Don’t forget the Oklahoma Bar have been elected by OBA members to Center will be closed Monday, six-year terms on the state Judicial Sept. 6, in observance of Labor Nominating Commission. Day. Be sure to docket the OBA Mr. Hall will represent District 5, which Annual Meeting to be held in includes most of Oklahoma County. Oklahoma City Nov. 10-12. He is a partner at the Oklahoma City law firm of Hall & Ludlam PLLC, Joel C. Hall David K. Petty where he practices primarily in the areas of business and consumer litigation, bankruptcy and insolvency and debtor/creditor relations. He received his J.D. from the OU College of Law with honors in 1989 and has served on the Chapter 7 Panel of Trustees for the U.S. Bankruptcy Court for the Western District of Oklahoma since 1998. Mr. Petty will represent District 6, comprised of Alfalfa, Beaver, Beckham, Blaine, Canadian, Cimarron, Custer, Dewey, Ellis, Garfield, Grant, Harper, Kay, Kingfisher, Lincoln, Logan, Major, Noble, Payne, Roger Mills, Texas, Woods and Woodward counties. He is a graduate of the OU College of Law and served as the 1987 OBA president. He is a member of the American College of Trial Lawyers, American LHL DISCUSSION GROUP College of Trust and Estate Counsel and American Board of Trial Advocates. UPCOMING MEETINGS Previously, he served on the Board of Bar Examiners, OBF Board of Trustees, “Making Time for Family” Professional Responsibility Commission and chaired the MCLE Committee. will be the topic of the Aug. 5 The Judicial Nominating Commission is charged with selecting candi- meeting of the Lawyers Helping dates for judicial appointments made by the governor. Lawyers monthly discussion group. For the Sept. 2 meeting, there will be a meditation WOMEN IN LAW COMMITTEE presentation by Collin Walke. HOSTS ANNUAL BLOOD DRIVE Each meeting, always the first The OBA Women in Law Committee Thursday of the month, is facil- held their second annual blood drive itated by committee members June 14. From 1:30 to 4:30 p.m., the and a licensed mental health committee invited OBA members to professional. The group meets visit the Bloodmoblie, the Oklahoma from 6 to 7:30 p.m. at the office Blood Institute’s mobile donation cen- of Tom Cummings, 701 N.W. 13th ter, which was set up in the bar center St., Oklahoma City. There is no parking lot. Nine members donated cost to attend, and snacks will blood, including a first-time donor be provided. RSVPs to tomcum- and a double red cell donation. These [email protected] are donations saved up to 27 lives. encouraged to ensure there is April Kelso, chair of the WIL service subcommittee, explained, “This is food for all. The group will also the second time we have partnered with the OBI to host a blood drive, and we meet virtually at the same time look forward to partnering with them again in the future! There continues to using BlueJeans. Email debraj@ be a blood shortage in our state, and we are proud to do our part to help.” okbar.org for login information.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 61 Bench and Bar Briefs

ON THE MOVE

Laura Eakens has been named OU College of Law, Mr. Austin Steve Sherman has joined the partner and Amber Brock has practiced in the areas of business Oklahoma City office of Phillips joined the Oklahoma City firm transactional work, commercial Murrah as of counsel. Mr. Sherman of Jennings Teague. Ms. Eakens real estate and nonprofit law for practices in the areas of business practices primarily in the areas of nearly 15 years at a specialty firm and real estate transactions, includ- transportation law, products lia- in Oklahoma City as a partner. ing business and real estate acqui- bility, employment law, insurance sitions, dispositions, leases and defense and general civil litiga- Lauren King has been appointed by land use. tion. She received her J.D. from President Biden to the U.S. District the TU College of Law in 2009 and Court for the Western District of Wynoka M. McClellan and has been with the firm since 2012. Washington. If confirmed, she will Kristopher K. McVay have been Ms. Brock focuses her practice on be only the third Native American named partners at the Tulsa law defending insurance companies federal judge in the country and firm previously known as Atkinson, and their insureds and the defense the first Native American federal Haskins, Nellis, Brittingham, Gladd & of general civil litigation matters. judge in Washington. Ms. King is a Fiasco PC. As of June 1, the firm is citizen of the Muscogee Nation and now Atkinson, Brittingham, Gladd, Eric Money and Emily Pittman practices at the Seattle law firm of Fiasco, Edmonds & Annis PC and have joined the Oklahoma City Foster Garvey. will continue to center its litigation office of Hall Estill as sharehold- practice on defending insurance ers. Lauren Marciano and Eric Austin J. Young was named companies, corporations and those Underwood have joined the partner of the Oklahoma City law in the professional services. Ms. firm’s Tulsa office as associates. firm of Johnson Hanan Vosler McClellan joined the firm in 2016 Mr. Money practices primarily in Hawthorne & Snider. Mr. Young and practices in the area of civil the areas of energy, oil and gas practices primarily in the areas of litigation with an emphasis on law and commercial litigation. medical malpractice defense, consti- research and writing. Mr. McVay, He is a former OBA Energy and tutional civil rights defense and civil who joined the firm in 2017, has Natural Resources Law Section litigation. He has represented clients been admitted to all three federal chair. Ms. Pittman focuses her in state and federal district courts districts in Oklahoma and the practice on Oklahoma Corporation across Oklahoma, the U.S. Court Osage Nation, Muscogee (Creek) Commission matters. She is a of Appeals for the 10th Circuit and Nation and Cherokee Nation courts. member and past president of the U.S. Supreme Court. the Mineral Lawyers Society and Melvin Burch has joined Jones previously spent nine years as an Ryan M. Oldfield and Lauren N. PR, making the agency the first in-house attorney at Chesapeake Lenahan have joined the Oklahoma to have Native American coun- Energy. Ms. Marciano practices City law firm of Durbin Larimore and sel. Mr. Burch, a citizen of the in the area of civil litigation, Bialick. Mr. Oldfield practices in all Chickasaw Nation, will provide including bad faith disputes, areas of insurance defense, including insight on conducting business torts and transportation law. Mr. motor vehicle and trucking collisions, with Native American nations Underwood practices in the area products liability, industrial accidents, and businesses. Previously, he of corporate services, focusing on breach of contract and bad faith. He served as the U.S. Department of business formation. received his J.D. from the OCU School the Interior’s Regional Fiduciary of Law in 2000. Ms. Lenahan primar- Trust Administrator at the Office Jonathan B. Austin has been ily practices in the areas of environ- of Special Trustee for American appointed the new senior vice presi- mental law, insurance law, products Indians for nine western states. dent for institutional administration liability and personal injury. She He is a member of the National at the Southern Baptist Theological received her J.D. from the OCU School Congress of American Indians, Seminary. A 2003 graduate of the of Law, magna cum laude, in 2018. the Association on American

62 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL Indian Affairs, the National Native Foundation for Excellence for have formed the Oklahoma City American Bar Association and the Research University Teaching, the firm of Hunter & Company Law OBA Indian Law Section. 2008 Merrick Foundation Teaching PLLC, located at 915 N. Robinson Award and an OBA Mona Salyer Ave. The firm provides a range of Cheryl Jackson and Michon Lambird Spotlight Award. corporate and commercial legal ser- Hughes have joined the Tulsa law vices to corporations, shareholders, firm of Sherwood, McCormick & Elizabeth Isaac, Julie Langdon, directors and officers, business ven- Robert. Ms. Jackson will practice Ann Robl and Evan Talley have tures and entrepreneurship, small in the areas of lien enforcement, been named shareholders and businesses and individuals. They transportation compliance, employ- directors of Dunlap Codding. Ms. may be reached at 405-400-9609. ment and HR matters, negotiating Isaac leads the firm’s design group and drafting business contracts and practices in the areas of patent Jefferson Howeth has been and complex litigation matters. preparation and prosecution, named senior corporate counsel She received her J.D. from the TU due diligence, trademarks, copy- for AmTrust Title Insurance Co. College of Law in 2009. Ms. Hughes rights and entertainment law. Ms. He has over 15 years of experience will practice primarily in the areas Langdon protects and enforces representing title insurance agents of civil litigation, elder and family her clients’ intellectual property and underwriters. Mr. Howeth was law and white-collar criminal through litigation and non-litigation previously a legal team member at defense. She graduated from the strategies and helps clients obtain Centex Corp. and general counsel TU College of Law with honors. and maintain patent and trade- for Centex Title & Insurance. mark protection. Ms. Robl practices Stephen L. McClellan has joined in the areas of patent preparation Walt Haskins is retiring from the Tulsa office of Smith Barkett and prosecution, patent post-grant the Tulsa law firm of Atkinson, Law Group PLLC. Mr. McClellan proceedings, patentability analyses, Haskins, Nellis, Brittingham, will focus on representing prior art searching, opinion prepa- Gladd & Fiasco PC after 41 years. catastrophic injury victims and ration, licensing, intellectual prop- Mr. Haskins has opened a private individual/commercial clients in erty agreement preparation and law practice limited to the repre- first-party insurance claims state- analysis, trademark protection and sentation of plaintiffs in personal wide. He received his J.D. from intellectual property strategy and injury litigation and insurance dis- the OU College of Law in 1994 and portfolio management. Mr. Talley putes. He may be reached at 311 E. has over 25 years of experience enforces and defends his clients’ 11th St., Tulsa, 74120; 918-932-8207; defending commercial trucking, interests in disputes concerning [email protected]. civil injury, casualty, construction intellectual property rights. defect and product liability claims. Dan Pond and Stephanie Corbett Suzanne Paulson has been have joined Swain Law Group. Mr. Katheleen Guzman has been appointed CEO of the Oklahoma Pond practices in the areas of crimi- appointed dean of the OU College Municipal Assurance Group and nal defense and select civil litigation, of Law. She has served as interim will be the first female to serve in with an emphasis on criminal jury dean for the College of Law since that role since the group’s creation trials. He joins the firm’s Norman 2019, associate director of the Law in 1977. Ms. Paulson has been part office after 10 years as a prosecutor Center, associate dean of academ- of the OMAG team for eight years, in the Oklahoma County District ics and associate dean for research beginning as associate general Attorney’s Office. Ms. Corbett, who and scholarship. Ms. Guzman, who counsel and spending the last joined the firm’s Oklahoma City earned her J.D. from the University four years as general counsel. office, practices in the areas of gen- of Arkansas School of Law, received eral civil litigation and personal the 2014 Medal for Excellence Cheryl P. Hunter, Gideon A. injury. She joins the firm after Award from the Oklahoma Lincecum and James W. Dobbs 17 years in insurance defense.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 63 KUDOS

Judge Thad Balkman has been formed with the specific goals of Lloyd T. Hardin Jr. was named a appointed to serve as a member helping clients prevent breaches, recipient of the Spring 2021 Japanese of the National Conference of prepare for incidents and com- Imperial Decorations. Mr. Hardin Commissioners on Uniform State ply with evolving governmental has served as honorary consul Laws. Judge Balkman will serve requirements. general of Japan in Oklahoma City the remainder of an unexpired since his appointment in 2006. He term that ends June 30, 2023, and William G. Paul received an previously received the Order of the then continue for a four-year term honorary degree from OU during Rising Sun, Gold Rays with Neck that begins July 1, 2023, and ends the May 14 graduation ceremony Ribbon, in recognition of his contri- June 30, 2027. honoring doctoral candidates. Mr. butions toward promoting mutual Paul earned both his bachelor’s understanding and strengthening Kristopher E. Koepsel was degree and J.D. from OU. He cur- friendly relations between Japan re-elected president and CEO rently serves as of counsel at the and the U.S. during his 15 years of Riggs, Abney, Neal, Turpen, Oklahoma City law firm of Crowe & of service. Orbison & Lewis for 2021. Mr. Dunlevy, where he first began Koepsel is based in the firm’s working in 1957. He also served Matthew Ballard, Oklahoma Tulsa office and practices primar- as president of the American Bar district attorney for District 12, ily in the areas of business and Association from 1999 to 2000. was honored by the Department of commercial law, civil litigation, During that term, he initiated Defense with the Employer Support civil rights, employment and labor programs to increase diversity of the Guard and Reserve Patriot law, government and politics, in the legal system. Award. The award was created insurance and bad faith, medi- to publicly recognize individuals cal and professional negligence, Judge Ronald Kincannon and who provide outstanding patriotic personal injury, product liability, David Petty were honored as support and cooperation to their real estate and transportation law 2020 and 2021 Panhandle State employees who have answered their matters. Also elected to the firm’s Association Alumni & Friends Hall nation’s call to serve. Board of Directors were George M. of Fame inductees during a May 22 Emerson as vice president and ceremony. Judge Kincannon Louis Bullock received the Rogers assistant secretary, Lisa Riggs as received his bachelor’s degree from State University Constitution secretary and assistant treasurer Panhandle State in 1970 and has Award. Mr. Bullock has worked and Thomas M. Askew as trea- served as Cimarron County judge as a civil rights lawyer for over surer and assistant secretary. for 24 years. Mr. Petty received 45 years and was involved in his J.D. with honors from the OU cases that brought change to a Anthony Hendricks will serve College of Law in 1964. He cur- variety of institutions, including as chair of Crowe & Dunlevy’s rently practices law in the panhan- Oklahoma prisons, Tulsa’s jail, the new practice group that will dle and serves on the Foundation Tulsa Police Department and the address cybersecurity and data Board at Panhandle State. He Oklahoma Department of Human privacy needs. The group was served as OBA president in 1987. Services. The award has been

HOW TO PLACE AN you. Sections, committees and county Submit news items to: ANNOUNCEMENT: bar associations are encouraged to The Oklahoma Bar Journal welcomes submit short stories about upcoming or Lauren Rimmer short articles or news items about OBA recent activities. Honors bestowed by Communications Dept. members and upcoming meetings. If other publications (e.g., Super Lawyers, Oklahoma Bar Association you are an OBA member and you’ve Best Lawyers, etc.) will not be accepted 405-416-7018 moved, become a partner, hired an as announcements. (Oklahoma-based [email protected] associate, taken on a partner, received publications are the exception.) a promotion or an award or given Information selected for publication Articles for the October issue must be a talk or speech with statewide or is printed at no cost, subject to editing received by Sept. 1. national stature, we’d like to hear from and printed as space permits.

64 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL given to Oklahomans who demon- strate a strong commitment to the principles of the U.S. Constitution since 1987. The only other attorney who has received the award was Ada Louis Sipuel Fisher in 1994.

Betsy G. Jackson has been elected to the Board of Directors of Hall Estill. Stephen W. Ray has been elected to the firm’s Executive Committee. Ms. Jackson practices in the areas of corporate and commercial law, including securities, business transactions, commercial finance, real estate and mergers and acquisitions. Mr. Ray, who previously served on the Executive Committee from 2012 to 2015, practices in the areas of corporate and commercial law, including securities, business transactions, commercial finance, healthcare, tax and estate planning and mergers and acquisitions.

Kelli J. Stump was named second vice president of the American Immigration Lawyers Association for the 2021 to 2022 term. Ms. Stump practices primarily in the areas of family-based immigration, complex deportation with an emphasis on “crimmigration” matters leading to inadmissibility and deportability and federal litigation in the immigration context.

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 65 In Memoriam

eba Irvin Aston III of Tulsa ohn Thomas Eberle of Oklahoma joined the U.S. Navy as an officer Hdied June 19. He was born in JCity died April 30. He was born and was stationed in San Francisco, 1939 in McAlester. Upon graduation June 22, 1942. Mr. Eberle graduated Japan and Hawaii. He then moved from Will Rogers High School, Mr. from Bishop McGuinness High to Sallisaw, where he practiced Aston was awarded the first tennis School, attended Georgetown law and served as the Sequoyah scholarship to TU. He received his University and received his J.D. County district attorney. He moved J.D. from the TU College of Law from the OU College of Law in 1967. to California after retiring in 2012. in 1965, following in his grandfa- After passing the bar, he joined the ther’s footsteps, who practiced law in U.S. Navy and served in Vietnam ohn R. McKee of Oklahoma McAlester for over 40 years. During on the USS Paul Revere. In 1969, JCity died Feb. 7. He was born his nearly 55-year legal career, he became a member of JAG and April 12, 1936. While earning his Mr. Aston argued thousands of was stationed in Philadelphia. bachelor’s degree at OU, he was a cases before Oklahoma courts and Upon returning to Oklahoma, he member of the Sigma Nu fraternity, assisted hundreds of clients with worked as an assistant district attor- serving as president for two years, their estate planning needs. ney before entering private practice and was active in IFC, ROTC and as a probate attorney. He served the Scabbard and Blade Military avid John Bailey of Choctaw as parish council chairman of the Honor Society. Upon graduation, Ddied June 8. He was born Cathedral of Our Lady of Perpetual he received his officer’s commis- July 24, 1949, in Oklahoma Help and was involved in the sion and served as a first lieutenant, City. Mr. Bailey graduated from Heritage Hills neighborhood associ- artillery branch in Lawton. Mr. Midwest City High School in 1967 ation. Memorial contributions may McKee received his J.D. from the OU and attended Central State College be made to Bishop McGuinness College of Law in 1961 and practiced to become a teacher. However, he High School or Catholic Charities. primarily in the areas of oil and gas ultimately received his J.D. from and commercial litigation, in addi- the OCU School of Law in 1976 and dwin F. Garrison of North tion to serving as mediator and arbi- practiced law for over 35 years. EChesterfield, Virginia, died June 25. trator for the American Arbitration He was born Oct. 30, 1939, at his Association. Memorial contributions onald J. Carlson Sr. of grandmother’s house in Bridgeport. may be made to the Nichols Hills RCollierville, Tennessee, died He attended Texas Tech University United Methodist Church or the April 20. He was born May 21, and worked in the local oil fields to Santa Fe Botanical Garden. 1936, in Jamestown, New York. pay for school. Mr. Garrison received Mr. Carlson received his bachelor’s his J.D. from the TU College of Law Kevin Walker of Midwest degree in chemical engineering in 1967 and began his legal career M.City died June 10. He was from Rensselaer Polytechnic as a defense trial lawyer at the firm born Dec. 8, 1962, in Littlefield, Institute in 1958 and his J.D. from the of Looney, Nichols, Johnson and Texas. After graduating from South Georgetown University Law Center Hayes. He was a member of the Oklahoma Junior College, Mr. in 1964. He was a patent attorney for Oklahoma Association of Defense Walker worked as a paramedic Conoco in Ponca City before retiring. Counsel and the American Board of with the Midwest City Ambulance Trial Advocates. Memorial contribu- Service for 13 years. He returned ames T. Dupré of Oklahoma tions may be made to the Oklahoma to school at Southern Nazarene JCity died May 9. He was born Medical Research Foundation or University and received his J.D. Dec. 30, 1949, in Duncan. After Western Oaks Christian Church. from the Oklahoma Christian attending the Oklahoma Military University Law School. He was Academy, Mr. Dupré served erald W. Hunter of Palm a member of the Christian Legal in the U.S. Army during the GSprings, California, died Dec. 14, Society, Oklahoma Lawyers for Vietnam War. He received his J.D. 2018. He was born April 22, 1932, in Children Inc. and served as a Mid- from the OCU School of Law in Council Hill. Mr. Hunter attended Del School District board member 1981 and worked as an attorney for OSU on a football scholarship and for over nine years. He enjoyed the Oklahoma Commissioners of received his J.D. from the TU College being an advocate for the teachers the Land Office for over 20 years. of Law in 1963. Upon graduation, he and coaches in the school district.

66 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL 2021 ISSUES SEPTEMBER NOVEMBER Bar Convention Tax Law Editor: Melissa DeLacerda OCTOBER [email protected] DUI Deadline: Aug. 1, 2021 Editor: Aaron Bundy [email protected] DECEMBER Deadline: May 1, 2021 Elder Law Editor: Luke Adams [email protected] Deadline: Aug. 1, 2021

2022 ISSUES JANUARY AUGUST Meet Your Bar Association Gaming Editor: Scott Jones FEBRUARY [email protected] Labor & Employment Deadline: May 1, 2022 Editor: Roy Tucker [email protected] SEPTEMBER Deadline: Oct. 1, 2021 Bar Convention

MARCH OCTOBER Impact of Education McGirt v. Oklahoma Editor: Luke Adams Editor: Aaron Bundy [email protected] [email protected] Deadline: May 1, 2022 Deadline: Oct. 1, 2021 NOVEMBER APRIL Municipal Law Law Day Editor: Roy Tucker [email protected] MAY Deadline: Aug. 1, 2022 Energy Editor: Tony Morales DECEMBER antoniomorales1984@ Ethics & Professional gmail.com Responsibility

EDITORIAL CALENDAR EDITORIAL Deadline: Jan. 1, 2022 Editor: Casandra Coats cassandracoats@leecoats. com Deadline: Aug. 1, 2022

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

THE OKLAHOMA BAR JOURNAL AUGUST 2021 | 67 Classified Ads

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Arthur Linville 405-736-1925 OFFICE SPACE FOR RENT IN OKLAHOMA CITY one block north of federal courthouse. Both interior and exterior offices available; includes conference room, internet, receptionist and parking. For more information, DENTAL EXPERT please call 405-239-2726. WITNESS/CONSULTANT Since 2005 (405) 823-6434 Office Space – Midtown Law Center Jim E. Cox, D.D.S. One attorney space and one staff available – close Practicing dentistry for 35 years walk to multiple restaurants. Turn-key arrangement 4400 Brookfield Dr., Norman, OK 73072 includes phone, fax, LD, internet, gated parking, JimCoxDental.com kitchen, storage, 2 conference rooms and reception- [email protected] ist. Share space with 7 attorneys, some referrals. 405-229-1476 or 405-204-0404 PERFECT LEGAL PLEADINGS. Automated Oklahoma Legal Pleadings. Save hours and errors by utilizing the most comprehensive Oklahoma legal pleading production system available – Perfect Legal Pleadings. Works with Microsoft Word. PerfectLegalPleadings.org

68 | AUGUST 2021 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

THE OKLAHOMA BAR ASSOCIATION HEROES pro- ASSOCIATE ATTORNEY FOR LITIGATION PRACTICE gram is looking for several volunteer attorneys. The need in a growing NW OKC law firm. Our practice areas for FAMILY LAW ATTORNEYS is critical, but attorneys include Family Law, Employment Law, Immigration, from all practice areas are needed. All ages, all counties. and other areas of Civil Litigation. Candidates must be Gain invaluable experience, or mentor a young attorney, in good standing with the OBA, have excellent research while helping someone in need. For more information or and writing skills, and be proficient with technology to sign up, contact 405-416-7086 or [email protected]. in the legal setting. Our ideal candidate would be a licensed attorney in good standing with 3-5 years in NORMAN BASED LAW FIRM IS SEEKING SHARP, a complimentary practice area, motivated, hardwork- MOTIVATED ATTORNEYS for fast-paced transactional ing, comfortable in a court room, working knowledge work. Members of our growing firm enjoy a team atmo- of civil procedure, litigation and deposition experience, sphere and an energetic environment. Attorneys will be and good interpersonal skills. We are looking for a team part of a creative process in solving tax cases, handle an player, committed to their work and willing to go that assigned caseload and will be assisted by an experienced extra mile if needed. Ideal candidate will have a heart support staff. Our firm offers health insurance benefits, for social justice and the ability to serve client with com- paid vacation, paid personal days and a 401K matching passion while maintaining an active and diverse case- program. No tax experience necessary. Position location load. We are looking for candidates that exhibit a stable can be for any of our Norman, OKC, or Tulsa offices. job history, commitment and responsiveness to client Submit resumes to [email protected]. needs, are organized when tasked with multiple cases, and able to communicate progress of case effectively and efficiently. A plus if candidate has ability to speak COUNSEL TO COMMISSION – The Oklahoma Tax a foreign language, has license to practice in Federal Commission is seeking highly qualified and expe- court, multi-state bar licenses. We are an equal oppor- rienced candidates to be considered for the Counsel tunity employer and follow Federal laws prohibiting job to Commission position. The ideal candidate should discrimination based on race, color, sex, national origin, possess at least five years of experience in the practice religion, age, equal pay, disability or genetic informa- of tax law or related field, including litigation experi- tion. Send resumes, writing samples, and references to ence. Experience in practicing in federal and state district [email protected]. courts, as well as significant prior supervisory experience, is strongly preferred. Counsel will assume functions of planning, organizing, monitoring legal activities, and WATKINS TAX RESOLUTION AND ACCOUNTING interpreting laws and regulations for the Commission. FIRM is hiring attorneys for its Oklahoma City and Counsel will also provide legal advice and assistance Tulsa offices. The firm is a growing, fast-paced setting to the Commissioners, including compliance with the with a focus on client service in federal and state tax Administrative Procedures Act and the Open Meetings help (e.g. offers in compromise, penalty abatement, Act, as well as interact and work with the Agency General innocent spouse relief). Previous tax experience is not Counsel and Administrative Law Judges. This position required, but previous work in customer service is pre- will be housed in Oklahoma City and has an annual sal- ferred. Competitive salary, health insurance and 401K ary of $85,000 - $115,000, based upon education and expe- available. Please send a one-page resume with one-page rience. For more details and to apply, visit jobs.ok.gov or cover letter to [email protected]. email a resume to [email protected]. THE OKLAHOMA TAX COMMISSION seeks to hire an attorney to serve as a part-time law clerk to conduct legal research for its administrative law judges. The position is limited to approximately 20 hours per week at an hourly rate of $29.69. For more details and to apply, visit jobs.ok.gov.

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THE OKLAHOMA GUARDIAN AD LITEM INSTITUTE, OKLAHOMA BUREAU OF NARCOTICS seeks an a nonprofit organization, is looking to fill a staff attor- attorney in the Office of General Counsel. This is a new ney position funded by a VOCA grant. Applicants must position. The Office of General Counsel advises the be licensed to practice law in Oklahoma and have 16 OBN Director, OBN Commission, and over 100 agents hours of domestic violence training. Preference will be statewide on a wide variety of legal issues. This attor- given to candidates with guardian ad litem experience, ney may be required to assist district attorneys with child welfare experience, or nonprofit agency experi- OBN criminal prosecutions, present evidence in admin- ence. Submit cover letter, resume and professional ref- istrative hearings, conduct legal research and writing, erences to Hiring Department, Oklahoma Guardian and even provide training opportunities. This position Ad Litem Institute, 1701 Signal Ridge Drive, Suite 110, is for a self-starter with problem-solving skills who can Edmond, Oklahoma 73013, facsimile 405-888-5449, or work with a small team of forward-thinking attorneys. [email protected]. EOE. Excellent starting salary will depend on experience. To apply, send a cover letter expressing your interest, along DISTRICT 17 DISTRICT ATTORNEY’S OFFICE is look- with your resume, to [email protected]. ing for an Assistant District Attorney for our Choctaw County Office. Requires a J.D. from an accredited law school. Must be admitted to the Oklahoma State Bar and be in good standing. Submit resume with support- ing documentation to the following: District Attorney Mark Matloff, 108 N Central, Suite 1, Idabel, OK 74745. Office: 580-286-7611. Fax: 580-286-7613. Email: tammy. [email protected].

OKLAHOMA CITY LAW FIRM SPECIALIZING IN ENERGY LAW is seeking an associate attorney for assistance in legal research, drafting and proofing documents, and other varying litigation needs. We are a growing company with a team-oriented environment. Experience is not required but we would prefer a flex- ible candidate with a strong interest in the legal side of the oil and gas industry. A cover letter, resume, and writing sample can be submitted by email to elizabeth. [email protected].

STEIDLEY & NEAL, PLLC, is searching for an associate attorney with excellent research and writing skills with 5-7 years’ experience for its Tulsa office. Competitive salary and other benefits commensurate with level of experience. Looking for a motivated candidate interested in providing research and writing support for civil litigation, with an emphasis in insurance defense. Applications will be kept in strict confidence. Send resume and writing sample to Steidley & Neal, located in CityPlex Towers, 53rd Floor, 2448 E. 81st St., Tulsa, OK, 74137, attention Dwain Witt, Legal Administrator.

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The Back Page Life Lessons from the Practice of Law By Phil G. Busey Sr.

S WITH YOU, THE LAW Ahas been my career but also my foundation in life and business. As a kid growing up in Oklahoma City, I knew I wanted to be a lawyer. Fortunately, one of the first women lawyers from New York moved down the block. She encouraged me. She gave me books, shared baseball memorabilia and Oklahoma Bar Journals. As a kid, I can’t say I read them as diligently as comic books; however, it was ironic because years later, I became an attorney and member of the OBA. Committing ourselves to the Having undergraduate degrees alternatives. Memos should be less study and practice of law, it is in history and political science, my than one page. Only attach legal difficult to separate self from what areas of practice were the bridge to research if asked. Be able to write the law provides us. Our careers business. Starting as an assistant a contract with pencil and paper and lives are shaped by the law. It general counsel at the largest bank only and be willing to sign a legal becomes who we are. The oath we in Oklahoma, I was fortunate the opinion. Never ask someone else take is a sacred, guiding obligation general counsel took a special to do something you would not do. and inspiration for conduct in life, interest in training me. Importantly, relationships matter. career and actions – to uphold the We all have similar learning Treat colleagues, clients and people Constitution and committing to experiences. Lessons: Friday with respect. Know more about high standards of truth and integ- afternoon at 4 p.m. being asked to your clients than they do. Practice rity in all we do. prepare my first commercial loan with integrity and professional My practice was focused on agreement. There was no template, decorum at all times. Lessons in banking, commercial and corpo- I asked, but the agreement was law are life lessons as well. rate law. I didn’t realize it abso- needed Monday morning. Books in Being an attorney is a high call- lutely prepared me for my career hand, I worked all weekend putting ing. The valuable lesson is uphold- in business. What I learned prac- it together. After proudly going over ing the duty we have – from the ticing was invaluable in growing it with my boss, with a red pen in courts to business – to honor our a global aerospace and defense hand, the actual agreement was oath and those we serve. firm. Critical thinking, applying done! He said, “You will never forget logic and understanding the law how to put one of these together.” became my business foundation. I When answering an executive Mr. Busey is the founder and CEO am grateful for so many lawyers I or client’s question, “No,” is not of the Busey Group of Companies learned from. an option. Provide at least three and DRG in Oklahoma City.

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