Volume 82 u No. 26 u October 8, 2011 ALSO INSIDE • Annual Meeting • Leadership Academy • New Lawyers Admitted • Proposed 2012 OBA Budget Vol. 82 — No. 26 — 10/8/2011 The Oklahoma Bar Journal 1 2 The Oklahoma Bar Journal Vol. 82 — No. 26 — 10/8/2011 Vol. 82 — No. 26 — 10/8/2011 The Oklahoma Bar Journal 2233 At the end of the day... Who’s Really Watching Your Firm’s 401(k)? And, what is it costing you? • Does your firm’s 401(k) include If you answered no to any of professional investment fiduciary these questions, contact the services? ABA Retirement Funds Program • Is your firm’s 401(k) subject to learn how to keep a close to quarterly reviews by an watch over your 401(k). independent board of directors? Phone: (800) 826-8901 • Does your firm’s 401(k) feature email: [email protected] no out-of-pocket fees? Web: www.abaretirement.com Who’s Watching Your Firm’s 401(k)? The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (800) 826-8901, by visiting the website of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through the Oklahoma Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program. C11-0318-012 (3/11) 2234 The Oklahoma Bar Journal Vol. 82 — No. 26 — 10/8/2011 THEME: LABOR & EMPLOYMENT LAW Editor: January Windrix contents pg. 2282 Oct. 8, 2011 • Vol. 82 • No. 26 Annual Meeting DEPARTMENTS 2236 From the President 2346 From the Executive Director 2347 Law Practice Tips 2349 Ethics/Professional Responsibility 2351 Oklahoma Bar Foundation News 2354 Lawyers for Heroes 2355 Access to Justice 2357 Young Lawyers Division 2364 Editorial Calendar 2365 Calendar 2367 For Your Information 2369 Bench and Bar Briefs 2371 In Memoriam 2376 The Back Page 2239 Final ADAAA Regulations Take Effect: The EEOC Further Broadens the Definition of Disability pg. 2335 By Mary L. Lohrke and Shannon P. Wheeler Committee 2245 Keys to Oklahoma’s Workers’ Sign-Up Compensation Retaliation Claim By Leah M. Avey 2255 The Basics of Unemployment By Jessica Sherrill 2261 Workers’ Compensation Hearings at PLUS the Oklahoma Department of Labor 2282 Annual Meeting By Walter Jenny Jr. 2325 OBA Names 2011 Leadership Academy 2269 THOMPSON V. NORTH AMERICAN Participants StaINLESS By Kimberly Lambert Love and Robyn M. Funk 2326 Lambird Spotlight Awards: Five Honored for Distinguished Service 2273 Electronic Cigarettes: It’s Time to By Deborah Bruce Include Them in Your Tobacco Use Policy 2329 Photo Highlights: Women in Law By Abby Dillsaver Conference 2277 Oklahoma Legislature Bars Public 2331 New Attorneys Take Oath Policy Discrimination Tort Claims 2335 2012 Committee Sign-Up Form By Stephanie Johnson Manning and 2337 OBA Proposed 2012 OBA Budget J. Miles McFadden 2341 Statement of Ownership Vol. 82 — No. 26 — 10/8/2011 The Oklahoma Bar Journal 2235 FROM THE PRESIDENT My First Jobs By Deborah Reheard The theme of this month’s issue made me start our society needs rules to govern our waxing nostalgic about my first job. But I found myself unable to behavior. But I also learned that some- decide what was my first job? times bad things happen to good peo- ple. Sometimes they deserve a second I thought my first job was when I was in grade school and I or even third chance. had to bottle feed the baby calves on the dairy farm. All I really did was measure out the milk replacer and add warm water I have had the job as small town, which now does not seem like much of a job. Dad filled the bot- small firm lawyer now for many years. tles and carried them to the calves, then I petted the calves while The lessons it has taught me are many. they ate. I thought it was a job but as with most of my farm As lawyers, we are advocates and chores, I was probably more trouble than I was help, especially in adversaries. We work in conflict and those early years. But I learned a great lesson in responsibility. turmoil. Our clients are imperfect peo- When you have living things relying on you, you have to be ple ensnared in problematic situations. dependable. In this profession, we meet people from all walks and stations of life. Then I thought, no, my first job was the Some will become summer after I graduated high school and I friends as we forge a waited tables at the local country club. I do bond while getting not remember much about that job except tak- I have learned through the legal tri- ing my tip money in quarters so I could put als and tribulations them in the hidden slot machines in the back that lawyers, life has thrown their room. That job taught me that you work too no matter how way. Others will hard for your money to gamble it away. blame their lawyer Maybe my first job was in the language lab busy, will give for the legal prob- at Oklahoma State University, where I was in lems they find them- charge of playing language unselfishly of selves in, even tapes for foreign students. though those prob- For a small-town farm girl, their time lems were often cre- that was my first experience and money to ated before they ever with people of different cul- met the lawyer. It is tures, and that job taught me help others… a daily lesson in how big this world really is. human nature. Or maybe my first job was My latest job as at the small town newspaper where I began my your bar president has taught me more journalism career after graduating from col- lessons — that we as lawyers take seri- lege. I started in the “Society Department,” ously our oath to serve, protect and and despite the embarrassment of leaving the defend the Constitution and to guaran- “r” out of “shirts” when describing the lime tee equal justice for all. I have learned green shade of the groomsmen’s attire, I that lawyers, no matter how busy, will moved on to the “News Department” and give unselfishly of their time and President Reheard covered murders, fatality accidents and pris- money to help others, be it children, practices in Eufaula. on riots. I learned that being accurate is veterans, the elderly or any other group [email protected] important (as is proof-reading!). which needs the special skills we law- (918) 689-9281 yers possess. Then it was on to my legal career and my first full-time law-related job was as a prosecutor. Life lessons learned through on-the- There I learned about the rules of law and how job training — the best kind. 2236 The Oklahoma Bar Journal Vol. 82 — No. 26 — 10/8/2011 OFFIC ERS & BOARD OF GOVERNORS Deborah A. Reheard, President, Eufaula Cathy M. Christensen, President-Elect, Oklahoma City EVENTS CALENDAR Reta Strubhar, Vice President, Piedmont Allen M. Smallwood, Immediate Past President, OCTOBER 2011 Tulsa Martha Rupp Carter, Tulsa 11 OBA Bar Center Facilities Committee Meeting; 9 a.m.; Oklahoma Charles W. Chesnut, Miami Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Renée DeMoss, Tulsa Gerald C. Dennis, Antlers Judy Hamilton Morse (405) 235-7759 Glenn A. Devoll, Enid 12 OBA Diversity Committee Meeting; 12 p.m.; Oklahoma Bar Center, Steven Dobbs, Oklahoma City O. Chris Meyers II, Lawton Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jeff Trevillion Lou Ann Moudy, Henryetta (405) 778-8000 D. Scott Pappas, Stillwater David A. Poarch Jr., Norman OBA Law Day Committee Meeting; 12 p.m.; Oklahoma Bar Center, Ryland L. Rivas, Chickasha Oklahoma City and OSU Tulsa; Contact: Tina Izadi (405) 522-8097 Susan S. Shields, Oklahoma City Roy D. Tucker, Muskogee, OBA Clients’ Security Fund Committee Meeting; 2 p.m.; Oklahoma Chairperson, OBA/Young Lawyers Division Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Micheal Salem (405) 366-1234 BAR CENTER STAFF John Morris Williams, Executive Director; William J. Holloway American Inn of Court; 5 p.m.; Oklahoma Bar Gina L. Hendryx, General Counsel; Center, Oklahoma City; Contact: Caroline Larson (405) 609-5322 Donita Bourns Douglas, Director of Educational Programs; Carol A.