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Volume 81 u No. 29 u November 6, 2010 ALSO INSIDE • Meet the OBA Award Recipients • Background on Board Election Candidates • More Annual Meeting Details • Sign up for 2011 Committees Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2393 Insurance Questions? We Have Answers. 7EARETHEONLYAGENTSWHOCANPROVIDEYOUWITHINSURANCEPLANS SPONSOREDBYTHE/"!ASWELLASTHEGENERALINSURANCEMARKET your business your family your life t Group Health, Dental, Disability & Life t Health (including short-term, t Long Term Care Insurance t Workers’ Compensation student & travel medical plans) t Life Insurance t Contents & General Liability t Disability Income Replacement tPersonal Accident Protection t Business Overhead Expense t Dental (Accidental Death & Dismember- t Court Bonds ment and Accident Disability) t Personal Umbrella Especially for members of: 1.800.530.4863sBEALE BEALEPROCOMsWWWBEALEPROCOM Serving Oklahoma’s Legal and Accounting Professionals Since 1955. 2394 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 THEME: TECHNOLOGY & LAW PRACTICE MANAGEMENT Editor: January Windrix contents November 6, 2010 • Vol. 81 • No. 29 pg. 2444 Meet the OBA Award Winners DEPARTMENTS 2396 From the President 2487 From the Executive Director 2489 Law Practice Tips 2492 Ethics/Professional Responsibility 2495 OBA Board of Governors Actions 2498 Oklahoma Bar Foundation News 2504 Access to Justice 2505 Young Lawyers Division 2506 Calendar 2508 For Your Information 2509 Bench and Bar Briefs 2513 In Memoriam 2507 Editorial Calendar 2520 The Back Page 2399 Social Media for the Reticent PLUS Attorney 2444 Annual Meeting By Shawn J. Roberts 2475 Title Examination Standards 2407 Ethics up in the Clouds 2483 2011 Committe Sign-Up Form By Travis Pickens 2413 The Traveling Lawyer By Jim Calloway 2421 Welcome to the Future: The Paperless Law Office and E-Filing pg. 2455 By Adrienne N. Cash Learn More about 2427 Oklahoma’s New E-Discovery Rules the Candidates By Steven S. Gensler 2437 The Lawyer’s Guide to Using and Citing Wikipedia By Lee F. Peoples Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2395 FROM THE PRESIDENT Judicial Elections: There Must Be a Better Way By Allen Smallwood It’s that time again. The look such admissions generates is worse than quadrennial bloodletting we call embarrassing. The problem, of course, is that campaigning for judicial positions. An at least in the larger counties (Oklahoma and upfront disclaimer — I am currently Tulsa counties) a fully energized campaign the chairman of the Judicial Nominat- for judicial district judgeship can cost as ing Commission and, as this is my much as $100,000. sixth and last year, I will be chairman There is, however, a better way. until October of 2011. This article will be published after the elections, but it As we are all aware, there are several ways is being written during the first week to select judges. Some states, Texas, I believe of October 2010. As of that time the for example, have partisan judicial elections campaigning in Tulsa has been rather which involve, in many instances, as much low key, civil and responsible. Howev- negative campaigning as straight-up political er, we in Tulsa County (and I believe elections for political positions. Oklahoma has our brethren in Oklahoma County) at least backed away from those contests and can remember the nastiness of the for many decades, while still having popular 2006 campaigns and those of us as elections, the rules and regulations governing long in the tooth as I am can remem- those elections require them to be not only ber other campaigns no non-partisan, but to a great extent, back out less acrimonious. While the judges and judicial candidates from direct ostensibly judicial cam- fundraising. However, as most of us experi- paigns are non-parti- ence during election time, the sitting judges san, we all know how and candidates for judicial positions select sur- with a nod and a wink rogates or representatives to raise money for political affiliations can them. This hardly improves the situation. be conveyed and make As some of you may be aware, there is a judicial elections almost compromise known as the “Missouri Plan,” as partisan as normal which gives the larger communities or districts political elections. in Missouri an appointment and retention I don’t know about process. It leaves direct popular voting for you, but I have found the rural counties. I am not necessarily in myself in numerous sit- favor of a bifurcated selection process, but any President Smallwood uations at various non- improvement would be better than the one practices in Tulsa. legal social gatherings we have now. As is invariably the case, such [email protected] having to admit to non- changes to the election process must come (918) 582-1993 lawyers that I make from the Legislature. My sense of the senti- financial contributions ment for the imposition of such a substantial to sitting judges before change in the election process breaks down for whom I practice. The and against based on rural urban locations. It continued on page 2486 2396 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 OFFIC ERS & BOARD OF GOVERNORS Allen M. Smallwood, President, Tulsa Deborah Reheard, President-Elect, Eufaula Mack K. Martin, Vice President, Oklahoma City EVENTS CALENDAR Jon K. Parsley, Immediate Past President, guymon Jack L. Brown, Tulsa NOVEMBER 2010 Martha Rupp Carter, Tulsa Charles W. Chesnut, Miami 10 Oklahoma Council of Administrative Hearing Officials; 12 p.m.; Glenn A. devoll, Enid Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Steven dobbs, Oklahoma City Contact: Carolyn Guthrie (405) 271-1269 Ext. 56212 W. Mark Hixson, Yukon Jerry L. McCombs, Idabel Ruth Bader Ginsburg American Inn of Court; 5 p.m.; Oklahoma Bar Lou Ann Moudy, Henryetta Center, Oklahoma City; Contact: Donald Lynn Babb (405) 235-1611 David A. Poarch, Norman 11 OBA Closed – Veteran’s Day Observed Ryland L. Rivas, Chickasha Susan S. Shields, Oklahoma City 15 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; James T. Stuart, Shawnee Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Molly Aspan, Tulsa, Chairperson, Contact: Andrea Braeutigam (405) 640-2819 OBA/Young Lawyers Division 17-19 OBA 106th Annual Meeting; Crowne Plaza Hotel, Tulsa BAR CENTER STAFF 25-26 OBA Closed – Thanksgiving Day Observed John Morris Williams, Executive Director; Gina L. Hendryx, General Counsel; 30 OBA Uniform Laws Committee Meeting; 3:30 p.m.; Oklahoma Donita Bourns douglas, Director of Educational Bar Center, Oklahoma City and OSU Tulsa; Contact: Fred Miller Programs; Carol A. Manning, Director of (405) 325-4699 Communications; Craig d. Combs, Director of Administration; Travis Pickens, Ethics Counsel; DECEMBER 2010 Jim Calloway, Director of Management Assistance Program; Beverly Petry Lewis, Administrator 2 OBA Law-related Education Committee Meeting; 4 p.m.; MCLE Commission; Jane McConnell, Coordinator Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Law-related Education; John Burchell, Information Services Manager; Loraine dillinder Farabow, Contact: Jack G. Clark Debbie Maddox, Ted Rossier, Assistant General (405) 232-4271 Counsels; Katherine Ogden, Staff Attorney, 7 OBA Appellate Practice Section Meeting; 2:30 p.m.; Oklahoma Bar Tommy Butler, Sharon Orth, dorothy Walos and Krystal Willis, Investigators Center, Oklahoma City; Contact: Allison Thompson (405) 840-1661 Manni Arzola, debbie Brink, Melissa Brown, 10 OBA Family Law Section Meeting; 3:30 p.m.; Oklahoma Bar Center, Stephanie Burke, Brenda Card, Morgan Estes, Oklahoma City and OSU Tulsa; Contact: Kimberly K. Hays (918) 592-2800 Johnny Marie Floyd, Matt gayle, Susan Hall, 15 Oklahoma Council of Administrative Hearing Officials; 12 p.m.; Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, Amy Kelly, Jeff Kelton, Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Durrel Lattimore, debora Lowry, Contact: Carolyn Guthrie (405) 271-1269 Ext. 56212 Heidi McComb, Renee Montgomery, 16 OBA Access to Justice Committee Meeting; 10 a.m.; Oklahoma Wanda Reece-Murray, Tracy Sanders, Mark Schneidewent, Robbin Watson, Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Laura Willis & Roberta Yarbrough Kade A. McClure (580) 248-4675 EDITORIAL BOARD OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar Editor in Chief, John Morris Williams, News & Center, Oklahoma City and OSU Tulsa; Contact: Jack Brown Layout Editor, Carol A. Manning, Editor, Melissa (918) 581-8211 DeLacerda, Stillwater, Associate Editors: P. Scott 17 OBA Board of Governors Meeting; 9 a.m.; Oklahoma Bar Center, Buhlinger, Bartlesville; dietmar K. Caudle, Lawton; Sandee Coogan, Norman; Emily duen- Oklahoma City; Contact: John Morris Williams (405) 416-7000 sing, Tulsa; Thomas E. Kennedy, Enid; Pandee Ramirez, Okmulgee; James T. Stuart, Shawnee; For more events go to www.okbar.org/calendar Leslie d. Taylor, Oklahoma City; January Windrix, Poteau The Oklahoma Bar Association’s official website: www.okbar.org NOTICE of change of address (which must be in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. All rights reserved. Copyright© 20082010 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried P.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association (405) 416-7000 THE Oklahoma BAR Journal (ISSN 0030-1655) is publisheD three times Toll Free (800) 522-8065 FAx (405) 416-7001 A MONTH IN JANUARY, FEBRUARY, MARCH, APRIL, MAY, AUGUST, SEPTEM- Continuing Legal Education (405) 416-7006 BER, October, November anD December anD bimonthlY in June anD Ethics Counsel (405) 416-7055 JULY. bY the Oklahoma BAR Association, 1901 N.