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
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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. Lincoln Boulevard, General Counsel (405) 416-7007 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- Law-related Education (405) 416-7005 homa City, OK. POSTMASTER: Send address changes to THE OKLAHOMA Lawyers Helping Lawyers (800) 364-7886 BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip- tions are $55 per year except for law students registered with the Mgmt. 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Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2397 2398 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Technology & LAW PRACTICE MANAGEMENT
Social Media for the Reticent Attorney By Shawn J. Roberts
ocial networking websites such as Facebook, Twitter and LinkedIn offer the user the opportunity to participate in a Scommunity. However, blogging and podcasting allow the creator the opportunity to speak directly to anyone with access to the Internet, without any filter.
BLOGGING from Lexology.3 All through simply sharing interesting employment issues that he came A blog (a contraction of the term “web log”) across in his practice. is a type of website, usually maintained by an individual, with regular entries of commen- PODCASTING: SPEAK DIRECTLY TO tary, descriptions of events or other material YOUR AUDIENCE such as graphics or video. Entries are com- Podcasting is often associated with Apple’s monly displayed in reverse-chronological iTunes software, the world’s largest repository order.1 Blogging is writing, on the Internet. of podcasts (as well as Apple’s ubiquitous iPod Sometimes attorney-blogs or blogs about law and iPhone). However, a podcast is any: are referred to as “blawgs.” A blog or blawg is • Digital media file(s) (either audio or designed to allow the dissemination of informa- video); tion and participation by readers of the blog through commenting and sharing the informa- • That is subscribeable; tion. Blawgs are numerous among attorneys. • Released episodically; and Well-done blawgs are, however, less numerous. • Often downloaded through web syndica- Matt Silverman writes on Mashable.com that tion (RSS).4 “[o]ne of the best ways to put a face and voice on your legal expertise is to blog. Building a Consider a podcast like radio, only it is more credible discussion resource on topics in your focused and can be listened to at any time, at practice area can serve as the foundation for the convenience of the listener. Podcasts are your professional presence on the social web.”2 overwhelmingly free and cover a variety of topics; if it interests someone, there is probably Consider attorney Roy ginsburg and his a podcast covering the topic. For an example of blog, Quirky Employment Questions. He has a podcast related to law, check out Jim Callo- been blogging weekly for three years, and ear- way’s podcast with Sharon Nelson called “The lier this year he hit over 10,000 unique visitors. Digital Edge.” He attributes landing a six-figure client to the blog and has won the Author of the Year award
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2399 There is a tremendous amount of variety in There are many opportunities along the way podcasting. Consider this description of pod- in podcast creation to optimize your audio and casts from Microsoft’s Zune store: “Some pod- content and promote the podcast, however, the casts are as short as five minutes per episode; bar to getting started is low. What might you others can go on for an hour or more. They podcast about? Maybe provide information on range from professionally produced podcasts technology for lawyers, a series of questions and to others that are more than a bit rough around answers shows about a legal issue on which you the edges. Podcasts are usually produced on a work or perhaps a general discussion of legal regular basis, either as episodic programs (like issues listeners would find interesting. newscasts) or as serial programs (like enter- Since a podcast is an audio file that the listener tainment dramas). To automatically download hears unfiltered, an attorney can speak directly each new episode of a podcast when to potential clients and influencers. it’s released, subscribe to it using Contrary to the radio, the listener does your Web browser or podcast manag- not have to tune in at a certain time ers like the one in Zune software.” but can listen at any convenient time. A person either downloads pod- The attorney has the opportunity to casts and listens to them through a project herself as someone who is rea- podcatcher (such as iTunes or the sonable, trustworthy and useful by Zune Store) or listens directly by communicating valuable information going to the website where the pod- through a podcast. cast is loaded and streaming the audio BECOME A RELIABLE NEWS and/or video. A podcatcher is useful SOURCE because it automatically downloads the latest episode of each podcast to which you An attorney can use a blawg to become a are subscribed. You can listen to a podcast on news source in a given practice area. In addi- your portable media player (iPod, iPhone, tion to creating your own content, aggregating Zune, other MP3 player), your computer and and curating news about your industry is many other devices. you can get podcasts important. Twitter is ideal for this, and using it through software, like iTunes (which will effectively to share pertinent information can download the newest episodes automatically) help attorneys brand themselves as subject or on your computer or listen to them directly matter experts, said Adrian dayton, an attor- from web. ney, author and social media strategist for major global law firms. Podcasts are surprisingly easy to create with only a few tools, many of which you probably According to dayton, a great example of already own. Basically, you can create a podcast using social media to be a news source “Bob with a USB microphone,5 a computer and audio White, a partner-level attorney in Florida [who] recording software. A USB microphone cost $20 uses Twitter to share the best tech articles he at Best Buy or RadioShack and most readers finds each week. After a few months of finding already have a computer that comes with audio and sharing great tech articles, Bob was able to recording software. On a Macintosh computer bring in a couple of tech companies as new you have garageBand. Even if you have no clients,” dayton notes. “They came to recog- native audio recording software, you can down- nize, by the quality of his research and the load the free audio recording program Audacity articles he shared, that he really gets it.”6 which works on a PC or a Mac. PRACTICAL TIPS FOR SOCIAL MEDIA The podcast is created by you recording SUCCESS audio about something interesting or helpful, Getting Started in Social Media saving the audio and then publishing a “feed” which allows other people to subscribe and Choose a few services that are a good fit for listen to the podcast. Podcasters usually sub- you. There are hundreds of services you could mit their podcast to software such as iTunes so use and many that have gained a lot of traction. it is available and easy to subscribe to for mil- Pick out one or two that you are comfortable lions of people. There is no cost to add a pod- with. In general, for an attorney, I recommend cast to iTunes and you do not need to own an starting with LinkedIn because it is business Apple computer to do so. focused and Twitter because it is easy to get started.
2400 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Create your account and fill in your profile. add to it. Emphasizing negative points and After setting up your accounts, on most ser- people’s perceived “failings” does not add any vices, you are offered a chance to create your value; it simply poisons the atmosphere. profile and a description of what you do. do 2) Respond to messages not miss out on this opportunity. A blank pro- (particularly “@” file section is a signal to many people that the messages and direct messages on Twitter). If user does not understand the service and/or someone talks to you in “real” life, you usually has not taken the time to learn it or invest in it. answer. Why should it be different in social Describe what you do and how what you do media? It should not. Acknowledge people can provide value to people who might want when you are singled out through a Facebook to work with you. Share some personal infor- wall posting or Twitter “@” message. It only mation; even mentioning you are married with takes a couple of seconds. three children gives other users comfort in 3) Post value. Common sense dictates people approaching you. will want to follow if you offer something Research how other users use the service. valuable to them. It might be a tip, an interest- Consider how other attorneys and people who ing news story or interesting local events. are doing well in social media are using it. There are millions of messages to read; the Also, keep an eye out for what you do not like ones that stand out add value. and try to avoid those things. 4) Provide links that work. This is a minor Look for guidance from item, but clicking on links to trusted sources. You can hire a interesting content that are bro- “social media expert” to help ken is annoying. If it happens you get started. However, the more than once or twice with a proliferation of self-appointed particular source, I’m not social media “experts” makes it inclined to keep clicking. difficult. I recommend looking 5) If you understand it, leave at trusted sources first, such as it alone. No one likes a nitpick- blogs that are widely read, er: in social media or in life. It’s books and other attorneys. easy to mistype or leave out a Start posting and participat- word. Usually it is clear what ing. All the planning in the the poster meant; if it is, there is world is for naught if you never no need to correct or question execute. If your network of choice is Twitter, the post. If there is a legitimate send out a few tweets: say hello to a colleague question about the post, ask the question in a or friend, describe something you are doing, way that is not smug or condescending. compliment a user on a well-done article or 6) Be real. This phrase means different things project or share a website you find useful. to different people. When I use it, I’m talking Look for ways to add value. While social about allowing all of the content I generate on media is about conversation and not broad- this site to be a reflection of who I am. Where I casting, sharing usual and interesting informa- am going wrong? Where I am getting it right? tion is often acceptable. For instance, sharing I would love to hear your comments. information about a change in the law, resourc- Beware the Social Media “Expert” es to improve a law practice, technology tips, good deals on goods and services (with some If you know more than five people, chances are you now know someone who declares moderation), an article you wrote or activities 7 you are involved in that might interest others. themselves a social media expert. However, many so-called social media “experts” are Six Rules of Social Media Success nothing more than frequent users of social I created these “rules” as guidelines for my media services who have a mechanism to use of social media because I found it was easy charge people to learn the basics. This is not to to lose focus without them. say there cannot be a social media expert or that it is always wrong to pay someone to learn 1) Keep it positive. The world is full of nega- social media. Instead, the attorney new to tive events and people. For an example, follow social media should exercise caution asking any major news stream. There is no reason to
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2401 some or all of the following your clients and what is being questions to determine if the said about topics that interest expert is going to provide the you (the iPhone 4 for instance). expected value: All that is required to get started is a Google account. 1) Do you have a blog? AVOIDING ETHICAL 2) When did you start in social media? ISSUES IN THE USE OF SOCIAL MEDIA 3) What is social media? This article is not about legal ethics nor the 4) What’s a social media campaign? ethical implications of social media for the attorneys. However, since very few, if any, pub- 5) How do you monitor social media for a 8 lic actions of an attorney are devoid from ethi- client? cal considerations, I will mention a few. These queries are designed to flush-out the First and most obvious, all the rules that critical question in evaluating any expert: apply to online activity covering confidential whether the person can provide knowledge, information apply equally online. An attorney information or skill that an ordinary person would not disclose confidential information does not possess. while at lunch so do not do it on Facebook or Success in social media is defined more often Twitter. Be particularly careful to not even pro- by numbers of Twitter followers, blog men- vide information which would allow someone tions or YouTube hits than by traditional mea- to figure out who your clients are unless you sures, such as return on investment. Beware of have pre-written approval from clients for this the social media “snake oil” salesman.9 type of disclosure. While one might tweet about working on a difficult motion for sum- Monitor the Conversation about You mary judgment response, one would not go with Google Alerts any further and say “for a case in Oklahoma What if you had your own personal Google County District Court.” There is just no reason search engine that searched the far corners of to go there. the web for the very things that interested you, Second, if you cannot directly solicit a poten- automatically and then delivered the results to tial client offline then you should not be doing you at regular intervals each day or even as the it online. Not only is it bad form terms appeared? does this to ask a Facebook “friend” who sound awesome? Well, you can has been in a car accident if she almost have all of that with needs an attorney, it might vio- Google Alerts. Beware of the late the rules on direct solicita- Google Alerts are e-mail tion. Attorneys are mining social updates of the latest relevant social media ‘snake media sites for information, par- Google results (web, news, etc.) oil salesman.’ ticularly in divorce cases.10 based on your choice of query Finally, watch for going too or topic. Enter the topic you far in information gathering. wish to monitor, then click pre- Debra Bruce, guest blogging in view to see the type of results you’ll receive. Solo Practice University, warns of the dangers Some handy uses of Google Alerts include: of “pretexting”: • Monitoring a developing news story Many lawyers find useful information • Keeping current on a competitor or about a litigation party or witness in their industry postings on social media. due to privacy settings, sometimes valuable information • Getting the latest on a celebrity or event would not be visible to the public in gen- • Keeping tabs on your favorite sports eral, but would be visible to hundreds of teams “friends” of the target on Facebook or other media. Lawyers may be tempted to dis- Google Alerts are a valuable tool to monitor guise their identity in order to friend the what people are saying about you (reputation target, or to ask someone else to friend the management), what people are saying about target and share what they see.
2402 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 In March 2009, the Phila- delphia Bar Association What are Some of the Social Media Outlets? issued an opinion that such Social media outlets come in a variety of forms, including pretexting would involve those that simply broadcast information and those that are dishonesty, fraud, deceit or focused on networking: misrepresentation on behalf of the lawyer, or the encour- • Networking and friendship sites such as Twitter, agement of such behavior, Facebook, MySpace, Google’s Buzz and LinkedIn in violation of the Pennsyl- • Photo sharing such as Flickr, Picasa and Photobucket vania ethics rules.11 • Video sharing sites such as YouTube, Blip.tv and Vimeo If you are not monitoring and managing your reputation in the • Social bookmarking sites such as Delicious social media sphere, someone else will define it. Mining social • Location-based networking and games sites such as media for data useful in your Foursquare and Gowalla lawsuit — I have not had it work • Blogs (or “Blawgs”) for me, but there are many exam- ples of it being useful. • Podcasts CONCLUSION 8. Id. 9. “Beware Social Media Snake Oil,” Stephen Baker, Bloomberg Social media has permeated the culture. It is Businessweek, www.businessweek.com/print/magazine/content/09_ not a fad that will slowly wane and then com- 50/b4159048693735.htm visited July 26, 2010 (http://bit.ly/7kyASH). 10. “Divorce attorneys turn to social-networking sites for dirt,” pletely disappear. While individual social net- Kim Komando, USA Today, http://bit.ly/b2fSU9 visited July 27, 2010. working sites may come and go (remember 11. “12 Social Media Ethics Issues for Lawyers,” Debra Bruce, Solo MySpace?), this medium of interaction is solid. Practice University, http://buildasolopractice.solopracticeuniversity. com/2010/03/11/a-dozen-social-media-ethics-issues-for-lawyers/ Clients and potential clients are using social (http://bit.ly/9HZnS7) visited July 26, 2010. media. Attorneys’ reputations are being shaped through the conversation in social media. Join the conversation, start telling your story and About The Author sharing value with others. Shawn J. Roberts is an attorney 1. Blogging, from Wikipedia, the free encyclopedia, http://en. working with small businesses and wikipedia.org/wiki/Blog (http://bit.ly/zpVI). 2. “How Lawyers Are Using Social Media for Real Results,” Matt individuals in the Oklahoma City Silverman, http://mashable.com/2010/06/01/lawyers-social-media/ area to help build and grow busi- visited July 26, 2010 (http://bit.ly/bLu7vP). 3. Id. nesses by addressing a wide variety 4. Podcast, from Wikipedia the free encyclopedia, http://en. of legal issues including contracts, wikipedia.org/wiki/Podcast (http://bit.ly/cMneOA). employment law, litigation and 5. Technically, you could use the built-in microphone in your com- puter, but the audio quality is consistently poor enough using this many other things. Mr. Roberts is microphone that it is worth a $20 investment in a USB microphone. a social media enthusiast who sees 6. “How Lawyers Are Using Social Media for Real Results,” Matt Silverman, http://mashable.com/2010/06/01/lawyers-social-media/ social media as a largely untapped visited July 26, 2010 (http://bit.ly/bLu7vP). resource for attorneys to communicate with and add 7. “10 Questions to Evaluate a Social Media ‘Expert,’” Ian Lurie, Conversation Marketing, www.conversationmarketing.com/2009/ value to people’s lives. 07/10-questions-for-social-media-experts.htm#ixzz0u08Gs5y1 visited July 26, 2010 (http://bit.ly/bFvhvc).
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2403 Civil, Commercial,& Employment Mediation Training:
OKC: December 1-3
Family & Divorce Mediation Training:
OKC: December 8-11
TULSA: November 17-20
These courses meet the training requirements of the District Court Mediation Act of 1998 and are approved by the Oklahoma Bar Association for MCLE credit.
40 Hour Family Mediation Training
Our Family Mediation Seminar qualifies for:
∞ 40 hours of MCLE credit including two hours of ethics ∞ Parent Coordinators ∞ Collaborative Law Practitioners ∞ Ethics/Professional Responsibility ∞ Identifying and screening domestic violence issues ∞ Families in Transition Program
4 DAY MEDIATION TRAINING SESSION 8 a.m. - 6 p.m. DAILY The financial, legal, social, psychological and procedural dynamics of divorce mediation are explained and then experienced in mock mediations. This course includes an examination of Oklahoma family law and its impact upon the mediation of domestic subjects such as divorce, property division, custody, visitation, grandparental matters, elder issues, cohabitation and same-sex relationships. 24-Hour Civil-Commercial Mediation Training Our Civil-Commercial Mediation Training will encompass:
∞ Understanding the dynamics of conflict ∞ Mediation of cases involving personal injury, employment, contract matters, etc. ∞ Mediator skills and interventions ∞ Contexts for using the mediation process ∞ Ethics/Professional Responsibility
3 DAY MEDIATION TRAINING SESSION 8:30 a.m. – 5:30 p.m. DAILY This seminar combines lectures, discussion groups, case studies, role-play and demonstrations. The course explains, illuminates, and provides necessary skills for successful mediations, with emphasis on personal injury litigation, commercial issues, business partnerships, ADA, EEOC and workplace discrimination issues.
∗ Class size is limited to the first 20 registrants ∗ Call today to register: (405) 607-8914 Training Mediators and offering mediation services in Oklahoma since 1992
2404 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: Justice of the Supreme Court District Three [To be appointed to the office of Justice of the Supreme Court, an individual must have been a qualified elector of the applicable Supreme Court Judicial District, as opposed to a registered voter, for one year immediately prior to his or her appoint- ment, and additionally, must have been a licensed attorney, practicing law within the State of Oklahoma, or serving as a judge of a court of record in Oklahoma, or both, for five years preceding his/her appointment.] Application forms can be obtained online at www.oscn.net under the link to Judicial Nom- inating Commission or by contacting Tammy Reaves at (405) 521 2450. Applications must be submitted to the Chairman of the Commission at the address below no later than 5 p.m., Fri- day, November 19, 2010. If applications are mailed, they must be postmarked by midnight, November 19, 2010. Allen Smallwood, Chairman Oklahoma Judicial Nominating Commission Administrative Office of the Courts 1915 North Stiles, Suite 305 Oklahoma City, Oklahoma 73105
STATE OF OKLAHOMA, DEPARTMENT OF HUMAN SERVICES Hall Estill, one of the premier law firms in CHILD SUPPORT SERVICES ANNOUNCEMENT # 10-C106BU Oklahoma, is actively searching for an Office Oklahoma Child Support Services has an opening for a full- Administrator in our Oklahoma City office. Hall Estill time attorney, preferably with experience in child support has offices located in Tulsa, Oklahoma City, Fayette- enforcement. This position will be located at the OKDHS-OCSS ville, AR, and Washington, D.C. While our home office Tulsa East Office 3840 S 103rd East Ave., Tulsa, Oklahoma. is located in Tulsa, Oklahoma City is the second The position involves preparation and trial of cases in child largest office with over 50 employees. support related hearings in district and administrative courts. Duties will also include consultation and negotiation with other As the Office Administrator, you will exercise a attorneys and customers of the Division. The position will assist high level of authority and discretion for the day to office staff with preparation of legal documents and ensure their day operational functions of the office. Operational compliance with ethical considerations. functions include human resources, office services, Active membership in the Oklahoma Bar Association is required. This position is a Child Support Enforcement Attorney vendor relations and facilities management . The ideal IV (beginning salary $4669.79 monthly) and may be under-filled candidate will be able to coordinate application of the as a Child Support Enforcement Attorney III (beginning salary firms accounting, billing, human resources, technology $4067.52 monthly), a Child Support Enforcement Attorney II and recruiting procedures. (beginning salary $3711.05 monthly) or as a Child Support Enforcement Attorney I (beginning salary $3354.59 monthly). Qualifications include at least 5 to 10 years office Interested individuals must send a cover letter noting announce- management experience. Law Firm or Professional ment number 10-C106BU, resume, and a copy of current OBA Services experience preferable. Bachelor’s degree pre- card to: Department of Human Services, Attn.: Human Resource ferred, but will accept equivalent experience. Strong Management Division, P.O. Box 25352, Oklahoma City, OK interpersonal and leadership skills needed, as well 73125. Application must be received no earlier than 8 a.m. Fri- day, Nov. 5th, 2010, and no later than 5 p.m. on Monday, Nov. as a thorough knowledge of MS Office. 29, 2010. For additional information, please contact Faye Scott at [email protected]. Competitive salary and excellent benefits. Qualified applicants should respond to: [email protected]. THE STATE OF OKLAHOMA IS AN EQUAL OPPORTUNITY EMPLOYER
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2405 2406 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Technology & LAW PRACTICE MANAGEMENT
Ethics up in the Clouds By Travis Pickens
loud computing may as easily be called “Internet” com- puting. The idea is that all your law practice data and soft- Cware platforms and services are operated, maintained and stored offsite by a vendor up in the “cloud,” and you are allowed to access it from any location through the Internet. Also generally known as SaaS (software as a service), it has been defined as: [S]oftware that’s developed and hosted by the SaaS ven- dor and which the end user customer accesses over the Internet. Unlike traditional packaged applications that users install on their computers or servers, a SaaS vendor owns the software and runs it on computers in its data center. The customer does not own the software but effec- tively rents it, usually for a monthly fee.1
The outside vendor provides ongoing techni- Cloud computing options offer extraordinary cal operation, maintenance and support for the flexibility to the practice of law. Imagine being software provided to the lawyer, and it all able to practice from any location that is Inter- takes place outside of your office. Sometimes net accessible, anywhere in the world, when- the related concepts of IaaS (infrastructure as a ever you want. Then, imagine no loss of time service) and PaaS (platform as a service) are or function; all of your files are accessible, and used in discussions of cloud computing, but all of your client documents are available. You the grand idea of all these concepts and how can work, manage and even bill your time as if they interrelate to form the cloud computing you had driven to your office. methodology is that the lawyer is not storing The software programs you use are continu- information on his or her own computer and ally, seamlessly updated by the vendor. There server, nor maintaining it. Someone else is, and are no new patches or updates to install in your the lawyer is simply accessing all of it through office, no incompatibility issues, and no sched- the Internet. Online services now available to uling hassles or surprise costs with the IT attorneys include law practice management department or contractor. You typically pay a systems, document management and storage set monthly subscription fee. platforms, document and information exchange services, e-mail networks, digital dictation ser- This is what cloud computing proposes to vices and billing/timekeeping services.2 bring to the table for consideration. There is no reasonable question that cloud computing in
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2407 some form has a place, if not now then shortly, clients to access their files over the Internet.11 in the practice of law. The key concern however The committee had previously determined that for us, now and in the future, is how do we electronic storage of client files is permissible as ethically use it? long as lawyers and law firms “take competent and reasonable steps to assure that the client’s Cloud computing raises ethical issues in at confidences are not disclosed to third parties least the following areas of ethics: through theft or inadvertence.”12 The Arizona • maintaining confidentiality of client committee also said “[i]n satisfying the duty to information3 take reasonable security precautions, lawyers • safekeeping client property4 should consider firewalls, password protection • competence5 schemes, encryption, anti-virus measures, etc.”13 • diligence6 This opinion followed opinions issued by the • expediting litigation7 ethics committees of the states of New Jersey14 • communication8 and Nevada.15 generally, these states’ opinions • supervisory responsibilities9 permitted use of an outside server provider to store client files in digital format, provided the All these ethical issues must be carefully attorney exercised reasonable care. The Arizona considered. committee approved a system in which docu- SEVERE WEATHER ments would be converted to a password-pro- tected PDF format and stored in folders with Confidentiality and Safekeeping Property unique, randomly generated alphanumeric The most fundamental precepts of the attor- names and passwords. ney-client relationship are confidentiality and The Ethics Committee of the North Carolina safekeeping of client property and informa- State Bar issued a “proposed” ethics opinion 10 tion. What happens when an outside vendor/ that states a law firm may contract with a ven- third party enters the equation, at a remote dor of software as a service for apparently a location — maybe in another country, with vir- multitude of purposes, provided the risks that tually all of your client information stored on confidential client information may be dis- their equipment? closed or lost are effectively minimized.16 The Trusting third parties outside the law office committee reasoned that a lawyer must take with client information is a not a novel idea reasonable precautions, but it noted that no and has passed ethical scrutiny, e.g., the U.S. particular mode of use (i.e., computing use) is Postal Service, experts, court reporters, graphic dictated by the Rules of Professional Conduct. artists and independent IT consultants, so the The opinion has not been adopted and the fact that third parties are involved is not in issue has been directed to a subcommittee for itself an insurmountable barrier. But cloud further study. computing ramps up the involvement of third More recently, the New York State Bar Asso- parties to an entirely new level. Almost all of ciation Committee on Professional Ethics has the lawyer’s data and files that mattered to his issued Opinion No. 842 on Sept. 10, 2010, hold- or her practice would be stored and maintained ing lawyers may store clients’ confidential by someone else, somewhere else. information online with a third-party provider To varying degrees, ethics opinions from a so long as they take reasonable care to vet and handful of other states indicate that cloud com- monitor the provider’s security measures and puting systems, in some form, may be utilized, stay abreast of technological advances and the but at least at this point, there is not an Okla- changing law of privilege. homa Supreme Court decision or an opinion Cloud computing does introduce a height- from the Oklahoma Legal Ethics Advisory ened risk, at least in theory, in the sense that it Panel. outsources all, or nearly all, of a lawyer’s data to an off-site location. Thus, the information is In December 2009, the Arizona State Bar perhaps more vulnerable to hackers, snoops Committee on the Rules of Professional Con- and governmental investigations. duct issued an opinion which held that with reasonable precautions to safeguard security But rock-solid certainty is not required. Sig- and confidentiality, firms may use an online nificantly, in the few ethics opinions that have file storage and retrieval system that enables addressed it, the consensus appears to be that
2408 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 the law firm is not required to guarantee that privacy and use concerns raised in evaluations the system will be invulnerable to unauthorized for purposes of compliance with the Rules of access. In fact, one way to consider the integ- Professional Conduct. rity of cloud computing security is to contrast One perspective that is sometimes lost in it to what is commonly done now. It is not a these discussions is the impact of technology in particularly compelling argument to say that remaining competent to practice. Comment [6] an office with a light wooden or glass door in of Rule 1.1 of the Oklahoma Rules of Profes- an executive suite, with a simple door handle sional Conduct states: lock, completely accessible by all office person- nel, cleaning crews and the landlord, is the To maintain the requisite knowledge and vanguard of security. An argument can be skill, a lawyer should keep abreast of made that cloud computing is more secure than changes in the law and its practice, …19 traditional methods precisely because it is off- site in what is almost certainly a more secure This language (“and its practice”) was likely facility with redundant backups and superior written to address substantive law and proce- electronic protection. dural matters, but there may be a day when competence in the current technology is a fac- It makes sense that you seek and obtain your tor in assessing disciplinary matters. For exam- clients’ “informed consent” to a cloud comput- ple, the Canadian Bar Association’s rule on ing arrangement if you choose to use it. Should attorney competence includes the following cloud computing become an attractive option comment: for your law practice, provisions regarding the use of cloud computing should be included in 4. Competence involves more than an your fee agreements.17 understanding of legal principles; it involves an adequate knowledge of the One aspect of cloud computing your clients practice and procedures by which those will likely appreciate is the ability to go, through principles can be effectively applied. To their own passwords, directly to their file in the accomplish this, the lawyer should keep cloud and retrieve copies or new documents abreast of developments in all areas in posted by your firm, all without a call or e-mail which the lawyer practises. The lawyer to your office. should also develop and maintain a facility with advances in technology in areas in Competence, Diligence and Expediting Litigation which the lawyer practises to maintain a Comment to Rule 1.6 of the Oklahoma Rules level of competence that meets the stan- of Professional Conduct states: dard reasonably expected of lawyers in similar practice cir- A lawyer must act compe- cumstances.20 tently to safeguard infor- mation relating to the rep- The ABA’s Commission on resentation of a client When you Ethics 20/20, appointed in against inadvertent or 2009, is now reviewing the unauthorized disclosure place this amount of impact of advances in technol- by the lawyer or other per- ogy on the Model Rules of sons who are participating information in the hands Professional Conduct and how in the representation of the they should be adapted to client or who are subject to of an outside provider, reflect those advances. A law the lawyer’s supervision.18 office need not be a studio of (emphasis added) you introduce a different technological wizardry, but it should not be mistaken for a Ethics committees have type of risk. Luddite village. Clients now emphasized that law firms expect a certain level of tech- without the requisite expertise nological savvy. Perhaps your should consult with their own IT professionals practice is one that can still manage using in evaluating these decisions and arrange- hard-copy letters, three-ring notebooks and ments. Many lawyers shy away from technical brown expansion folders in gray metal file expertise and need independent advice not cabinets, but the sun is setting on this charming only to understand the technical terms of the but moribund style of practice. If the mode of underlying deal, but to fully investigate the practice completely forsakes technological
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2409 progress, there may well be a day in the future What are the “best practices” that a law firm when that practice becomes “incompetent,” at should follow when evaluating cloud comput- least presumptively. ing and an appropriate vendor? First of all, many questions should be asked. As gleaned Related to competence are the duties of dili- 21 from the articles and opinions on cloud com- gence and expediting litigation. These require- puting (see Endnotes), the questions should ments clearly present the “availability” compo- include at least the following areas: nent of computer security. If the information is not available, the lawyer can be neither dili- • The track record and financial stability of gent nor expedite litigation. Any cloud system vendor utilized must be evaluated in terms of remain- • Your own understanding of the vendor ing constantly available and providing ade- agreement. Do you truly understand it in quate and timely backup. These should of all of its technical complexity? Should an course be areas of careful inquiry of a vendor independent IT consultant be retained (and contractual responsibility). for the analysis of security, backup and negotiation of terms? Communication and Supervisory Responsibilities • Confidentiality generally, as it is addressed A lawyer must keep a client reasonably by the vendor agreement and regarding its informed about matters being handled by the employees (and employees that may leave lawyer.22 This obligation imposes a duty to the vendor’s employment) communicate with a client in order to: 1) avoid • The specific physical and electronic safe- causing inconvenience and unnecessary guards and security, preserving confi- expense to the client; 2) keep a client informed dentiality of stored data, including the about the status of a matter entrusted to the specific types of encryption and pass- lawyer; and 3) enable the lawyer to respond to words used • The vendor’s history with security a client’s requests for information. audits The information must be available to the cli- • The host country and related search and ent. When you place this amount of informa- seizure laws tion in the hands of an outside provider, you • The persons with access to the data introduce a different type of risk. Whether it • The ownership of the data — vendor or will be on balance, a more significant risk lawyer? remains to be seen. There are risks with every • The protocols and access to information level of technology. Presently, office computer once the use of the product is terminated, hard drives crash, software malfunctions and or if the vendor goes out of business computers get stolen. It is clear that lawyers • The compatibility of vendor’s software may not wholly delegate security concerns. with similar vendors The firm will be held responsible for oversee- • The ability of the lawyer to retrieve data ing how the sensitive data is being collected from the server to use or back up and stored. • How frequently are backups performed? • Is information backed up to more than Finally, and equally important, lawyers have one server? responsibilities for non-lawyer assistants.23 The • The safeguards against natural disasters managing lawyer must put measures in place • Whether there is direct access to the data that ensure the assistants’ conduct will be com- by clients, and related confidentiality patible with the responsibilities of the Okla- risks homa Rules of Professional Conduct. The pru- • The lawyer’s own backup in case some- dent attorney will be careful to contractually thing goes wrong require vendors with whom they deal for cloud • Will the vendor contractually agree to computing to have protocols that meet these protocols compatible with the require- standards. ments of the Oklahoma Rules of Profes- OKLAHOMA FORECAST sional Conduct? • What happens when there are “tempo- At the time of this article, there is no indica- rary” power outages? tion that Oklahoma will approach this issue • How are the risks allocated? much differently than the states that have • Indemnification and insurance consid- already weighed in. But, it remains to be seen. erations
2410 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 In addition to these questions, prudent 2. “Cloud Computing for Lawyers: An introduction,” Nicole Black, Feb. 2, 2010 http://blog.firmex.com/cloud-computing-for-lawyers- practitioners considering cloud computing an-introduction. should: 3. ORPC 1.6. 4. ORPC 1.15. • Seek and/or rely upon a written ethics 5. ORPC 1.1. 6. ORPC 1.3. opinion from the Oklahoma Legal Ethics 7. ORPC 3.2. Advisory Panel prior to wholesale, 8. ORPC 1.4. 9. ORPC 5.3. unqualified transition to and investment 10. ORPC 1.6 and 1.15. in the “cloud.” 11. Arizona State Bar Comm. On the Rules of Professional Con- duct, Op. O9-04; www.myazbar.org/ethics/rules.cfm. • Use programs recommended by law- 12. Arizona State Bar Comm. On the Rules of Professional related technology experts, such as the Conduct, Op. 05-04; www.myazbar.org/ethics/rules.cfm. 13. Arizona State Bar Comm. On the Rules of Professional OBA’s Management Assistance Program Conduct, Op. 05-04. Director Jim Calloway, or those “certi- 14. N.J. Supreme Court Advisory Comm. On Prof’l Ethics, Op. 701 fied” or endorsed by bar associations, (2006). 15. Nev. State Bar Standing Comm. on Ethics & Prof’l Responsibil- law-related organizations and groups. ity, Formal Op. 33 (2006). • Carefully document your due diligence in 16. Ethics Committee of North Carolina State Bar proposed 2010 FEO 7, April 15, 2010; http://socialmedialawstudent.com/featured/north- evaluating cloud computing products. carolina-publishes-proposed-ethics-opinion-on-cloud-computing/. • Consider a “hybrid” approach to com- 17. ORPC 1.0 (e) & (n). 18. Ethics Committee of North Carolina State Bar proposed 2010 puting, slowly and carefully incorporat- FEO 7. ing cloud computing as it evolves as a 19. ORPC 1.1 Comment [6]. technology. It may be the best computing 20. Canadian Bar Association Rules of Professional Conduct, “Competence and Quality of Service,” Comment [4]. system for you is a bit of both. 21. ORPC 1.3 and 3.2. • Disclose your use of cloud computing in 22. ORPC 1.4. your written fee agreement with your 23. ORPC 5.3. clients and get their informed consent. About The Author CONCLUSION Travis Pickens serves as OBA Barring unforeseen challenges, cloud com- Ethics Counsel. He is responsible puting should be welcomed as a valuable tech- for addressing ethics questions nological advance that will provide an entirely from OBA members, working new level of freedom and convenience for the with the Legal Ethics Advisory lawyer and the client. However, it must not be Panel, monitoring diversion pro- wholly embraced without deliberate analysis, gram participants, teaching class- discussion, testing and time to evaluate its es and writing articles. A former complexities in the field. litigator in private practice, he It may be the future, but we will get there one has served as co-chair of the day at a time. Work/Life Balance Committee and as vice-chair of the Lawyers Helping Lawyers Assistance Program 1. www.cio.com/article/109704/Software_as_a_Service_SaaS_ Committee. Definition_and_Solutions; Levinson, Meridith.
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Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2411 2412 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Technology & LAW PRACTICE MANAGEMENT
The Traveling Lawyer By Jim Calloway
echnology today makes it possible to have virtually the entire set of tools that one would have in the law office almost any- Twhere one travels — except for your staff, of course. Operating virtually works extremely well for top computer, some lawyers have become so lawyers. The major issue is devoting the time proficient at responding to their e-mail via to learn about the available tools. While some their iPhone, Blackberry or other smart phones amount of training may be needed for the law- that this may meet their complete needs for yer to become an accomplished remote user, accessing their e-mail outside the office. remote access is really more about advance Other lawyers will rely on web-based e-mail planning and knowing the options than any with either an account provided by their Inter- superior level of technological expertise. net service provider or online services like Let’s examine the various methods of work- Gmail and Yahoo Mail. Some security experts ing on the computer while away from the have cautioned against the use of webmail, on physical law office environment. security concerns or the terms of service of the user agreement. Other lawyers use Gmail reg- E-MAIL ONLY ularly. Some lawyers even use Gmail for their For most traveling lawyers, the basic tool for primary office e-mail account. working on the road is having Internet access The reason why many lawyers are satisfied to login to check e-mail. Generally all that will with “e-mail only” access is that their staff back be required for this arrangement is Internet at the office can accomplish what cannot be access and a small laptop, perhaps even an done remotely with just e-mail, be it printing a extremely affordable netbook. document or scanning correspondence just And, of course, it seems like every day new received so that it can be sent to the lawyer as smart phones and smart phone apps are an e-mail attachment. released, adding to the number of tasks one Of course, this only applies during business can now do from a smart phone. By definition, hours and if certain tasks could be done remote- a smart phone should have e-mail access. ly without the need for staff intervention, it It appears that most lawyers now already would free up the staff to do other tasks. check their office e-mail remotely from a home SECURITY computer, a laptop and/or their phone. Since e-mail is the most popular method of electronic Internet security should always be a concern. communication in our industry, a lawyer who Wireless access over a WiFi network is only does not have remote access to his or her e-mail as good as the security applied by the individ- is handicapped. ual who set up the wireless network. Generally While the preferred method is to have some speaking, you are always at risk when you amount of remote access to office files by lap- logon to an unencrypted wireless network that
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2413 does not require you to have a password to to everyone in the household and tell them access it. At the large national chain stores and their devices couldn’t connect to the Internet coffee shops where free WiFi is offered, the risk without the password. After a little setup time, is small if you have antivirus and firewall they now had faster, secure wireless Internet updated and running. I still would not do and when the parents forget the password, online banking on these connections. they can just go ask one of the children. For example, we have an unsecured network More secure wireless connections are available at the Oklahoma Bar Center that guests here by purchasing a cellular modem with a plan can use. There is no need to login and a firewall from a cell phone provider. These will allow a offers protection from our guests being com- subscriber Internet access anywhere one can get promised externally over the Internet. Theo- a cell phone signal, at 3G broadband speeds in retically, one guest user with technical exper- urban areas and at somewhat slower speed in tise might access another guest user’s machine. more remote areas. See “How to Buy a Cellular There are safeguards against that and if our IT Modem,” PC Magazine (March 27, 2009) at department didn’t feel good about the service tinyurl.com/2325su4 and “Logging onto the we wouldn’t offer it. But it could not be consid- Internet from (Almost) Anywhere” by Jim Cal- ered perfect. loway, The Oklahoma Bar Journal, Aug. 9, 2008 — Vol. 79; No.20 and at tinyurl.com/2cjabxk. At the other end of the spectrum, if you are at an airport and notice a “Free WiFi” available on your laptop, there is a great likelihood that it is not a wireless access point but another computer somewhere in the airport broadcast- ing the signal. It is probably nothing danger- Even placing a USB Flash ous, but could be waiting to capture credit card numbers, bank login information and other drive into a photo kiosk to personal data. The airports that offer free WiFi will normally have signs all over touting it and get pictures printed could be a explaining how to log in. Most airport WiFi access will be through a paid provider. (But at security risk. least it is safe to give the provider your credit card number.) Anyone can go online or to a local store and pick up a wireless router for $50 or less. So, to repeat, you are at the mercy of both the compe- tence and the pure motives of the person who set it up. These WiFi hotspots, if left unsecured, could be a significant risk or a minimal one. Many people now have home WiFi networks that may be used by a computer or two, an What about those computer kiosks you see Xbox, or an iTouch. A lawyer does not want to set up at conferences or using the computers host an unsecured home network even if no provided in hotel business centers? For their legal business is done via the network. Most main purposes, they are fine. You should feel lawyers might want to use their home WiFi free to use them for Internet searches, locating network to log into the office from time to places to go for dinner, getting driving direc- time. tions and printing off boarding passes for air- lines. Many use them for e-mail access. Again, I will pass along some advice I gave a lawyer I personally would never enter credit card or a while back. He has an old wireless G router banking information into these. In fact, I have he had set up years ago without security at stopped using them for checking e-mail. My home and wanted to secure it but didn’t know best guess is that the computers set up for con- where the documentation was and how to pro- ferences are safer than those that sit unattended ceed. I told him to stop by the big box store on in hotel business centers. The danger is that the way home and buy a nice new fast N Wire- someone will install a keystroke logger device less router ($70 - $110) and set it up with appro- (either hardware or software) to record every priate security and to give the (long) password
2414 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 keystroke typed into the machine. Studies have I predict the majority of lawyers will have com- shown that a high percentage of the hotel busi- plete remote access and not just “e-mail only” ness centers have such malware installed. access fairly soon, if that is not already true. Even placing a USB Flash drive into a photo CLOUD COMPUTING kiosk to get pictures printed could be a security Travis Pickens’ article in this Oklahoma Bar risk. See “Photo Kiosks Spread Malware via Journal — “Ethics up in the Clouds,” covers the USB Sticks” SPAMfighter News — July 19, 2010, emerging area of cloud-based law office com- at tinyurl.com/27wx3jb. puting applications. The practice of using soft- Security is even more of a concern when the ware provided by (and storing data with) an remote user is not just checking e-mail but log- online third-party provider has become a real- ging into a virtual office environment. ity for many lawyers. Many are rightfully con- cerned about the security and propriety of REMOTE ACCESS TO THE OFFICE hosting confidential client data online. NETWORK Clearly, if all confidentiality concerns were Logging into the office to enjoy the full office addressed, this practice has huge implications experience from anywhere virtually is a differ- for the traveling lawyer. If on a day-to-day ent matter than just checking your e-mail. You basis, the lawyer works on remote applications can access all of your files of the network and, via a web browser, then assuming good Inter- depending on the tool used, run applications net access, the “working on the road” experi- or operate the remote computer to print and do ence will differ little from the “in the office” other things. Larger firm lawyers depend on experience. their IT departments to set up this arrange- ment for them. Small firm lawyers will login to THE GOOGLIZED OFFICE a remote desktop situation using commercial As previously noted, many lawyers say that remote access tools. Google apps are not an appropriate method of One of the secure tools for doing this is a a lawyer running an office. Meanwhile, other Virtual Private Network or VPN. If your firm lawyers say that they can run their entire office has IT support, you probably already have this using Google tools. Certainly the allure of the option. great google products is apparent. gmail, Google Calendar, Google Reader, Google Docs If you are a small firm lawyer or a lawyer and Spreadsheets and other google products whose firm is not going to set up a VPN any- (both now and those in the future) provide time soon, consider using commercial remote powerful tools, either for free or at a nominal access products like goToMyPC (www.goto expense. mypc.com), LogMeIn (www.logmein.com), or Symantec’s PCAnywhere (http://bit.ly/ One can certainly run a law office exclusively PCAnywhere). LogMeIn is free for basic opera- on google, but the question remains, should tions. There are various levels of potential you? At this point, all that can be said is that access. lawyers and security experts disagree. Some use Gmail and other apps without concern and Logging into a computer remotely means others say it is not appropriate to do so. that computer will be left on all of the time. This means a good surge protector/uninter- Google has upgraded its security. See “Google ruptible power supply/battery backup is Upgrades Security on Gmail,” New York Times required. (Jan.13, 2010) at tinyurl.com/2cyu8mq. Of course, you can only access what is on the ONLINE DOCUMENT REPOSITORIES computer or computer network. Remote access The mention of Google Docs leads to a discus- to files is a significant reason why more law sion of online document repositories generally. firms are going to digital client files. If it is on the network, even just as a scanned image, it An online repository for client files is one can be set up to be accessed remotely. docu- thing, but what about your own document ments sitting in physical file folders cannot, repository for documents you might need or absent assistance from your staff. want to be able to grab from your smart phone? Think of populating a document repository with new client information sheets that clients
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2415 complete, informative packets that you send prospective clients, all of your attorney client Tips for Using Public Wi-Fi contracts and a few other basic documents that would be handy if your office network was By John Brewer down and/or physically inaccessible. Some It is preferable to access a wireless device when can be set to automatically sync with a folder encryption is enabled. The most common forms of on the office network, making them an addi- wireless encryption are known as WEP and WPA. tional backup. WPA is better than the WEP, but WEP is better than no encryption. WEP and WPA require the use of a There are many choices. Among the leaders “key” that must be entered on the mobile wireless are Dropbox, Drop.io and SugarSync. Dropbox device in order to permit a connection to the access is now widely used by many. It is one of my point. If encryption is not used, then data that is favorite applications because it is free and easy sent over the wireless connection is “visible.” to use. It just installs a folder under My Docu- ments called My dropbox. Any documents *** saved there are available on all other comput- Many computer users utilize webmail (e.g., Hot- ers I have synchronized with Dropbox as well mail, Gmail and Yahoo). It is prudent to use a web- as on my smart phone. Up to two gigabytes of mail service on a wireless basis that utilizes the SSL/ storage is free and you can add to that by refer- TLS protocol. The web uses a protocol called HTTP ring others to Dropbox. (hypertext transfer protocol). One can see HTTP as VIRTUAL ASSISTANTS the first letters in the URL of a website. HTTPS indi- cates that the transmissions are encrypted with the Some lawyers who are on the road more than SSL/TLS protocol. Users of webmail should look at in the office have opted to dispense of staff and the URL for their service to see if the URL includes rely on virtual assistants. I know of one Okla- HTTPS as the first letters of the URL. The main idea homa City lawyer who decided to try that of HTTPS is to create a secure channel over an when the best assistant he ever had moved unsecure network. A HTTP connection is not secure. across the country. He has been pleased with Users of these webmail applications should look for the results. With most virtual assistants, one a secure login and once logged into the application, can pay either by the project or by the hour. that the application maintains a secure connection and does not revert to a HTTP connection. A virtual assistant is one who works outside *** of your office from their home or office. Typi- cally they are paid by the project, but some are Windows 7 has additional security options when paid hourly. E-mail is used for project assign- using a public network. It can block all incoming ment and communication. Logically, it might connections, including those in the list of allowed seem that a virtual assistant would be an inde- programs. This setting blocks all unsolicited pendent contractor, unless used on a full-time attempts to connect to one’s computer. One should basis, but each law firm needs to make that use this setting when maximum protection is pru- decision working with their tax advisor. dent, such as when connecting to a public network in a hotel or airport, or when a computer worm is TETHERING spreading over the Internet. With this setting, the Tethering refers to connecting a laptop com- user is not notified when Windows Firewall blocks puter to the Internet via your mobile phone. programs, and programs in the list of allowed pro- grams are ignored. When blocking all incoming con- Why should you have to pay for a data plan for nections, one can still view most web pages, send both your computer and your laptop when you and receive e mail, and send and receive instant can tether? messages. There are other settings available in Suffice it to say that the big telecom compa- Windows Firewall. nies are going to do everything possible to *** prevent users from tethering, including con- vincing them that it is just a bad idea. Tethering iPhone users should be cautious of AT&T Wi-Fi may be barred by your current service provid- hot spots. It is reported that iPhones are configured er’s contract or require “jailbreaking” a mobile to recognize AT&T Wi-Fi connections by the name phone. And many do not feel like 3G service is “attwifi.” One article stated that iPhone users can consistently good in some of the areas that they protect themselves by disabling the Wi-Fi, or by frequent anyway.
2416 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Nevertheless, it seems to be a matter of time before tethering becomes more common and perhaps even a “tethering friendly plan” may turning off the automatic joining of AT&T networks, be marketed by the big telecoms. but only if the device is within range of the existing AT&T hot spot. iPhone users should investigate this For some step-by-step instructions to tether- issue more fully. ing with some phone service providers go to tinyurl.com/dh3dbm. Instant messaging is popular with many people. Most instant messaging services transmit commu- See also, for example, AT&T’s data plans at nications as clear (unencrypted) text. One can check www.wireless.att.com/businesscenter/. with the instant messaging service provider to learn Those AT&T data plans that allow tethering more about the specific instant messaging service also have a per KB charge for the bandwidth. and its security features, if any. Such clear text communications are unencrypted whether instant THE TRAVELING LAWYER’S BAG messaging is used on wired or wireless devices and Some traveling lawyer bags look like a tradi- networks. Unencrypted instant messaging is vulner- able to illicit attempts to intercept and read the con- tional briefcase. But a lawyer who spends tent of messages sent and received. If one chooses much time in airports may soon opt for either to use instant messaging on a public Wi-Fi connec- a wheeled bag or a backpack. Don’t be penny- tion, it is recommended that one avoid using it to wise and pound foolish here. It may make transmit information deemed confidential. sense to have two (or more) computer bags: a light briefcase style for day-to-day use and the *** wheeled or backpack version for overnight At a minimum, heed the following (especially if road trips. using a laptop/net book computer): A real road warrior who wants to take a com- 1) Use a firewall. The operating system should plete office setup on the road will definitely have a firewall included with the OS. Make sure it is need a separate wheeled bag. This can carry the turned on. Third-party firewalls are also an option. full “law office to go” with the portable printer, portable scanner, paper and some other office 2) Hide your files. When you use public Wi-Fi, net- supplies. generally speaking, a portable scan- work encryption is often out of your control. Check the privacy statement on the network’s website to ner and a portable printer, along with a laptop learn about the type of encryption in use. If there is and paper, will give you complete document no privacy statement, that is a warning sign. Consider production and management capabilities. A encrypting sensitive folders on your hard drive. word of warning: If you are going to make much use of portable printers, you may want to 3) Do not type in credit card numbers or pass- travel with spare ink cartridges as it seems that words unless there is a secure connection. ink runs out at the very worst time. 4) Turn off your wireless network if not needed. If For those lawyers who go through airport one is not surfing the Internet or sending e-mail, but security frequently, checkpoint friendly bags still using the computer in an area where there is a can save time and reduce aggravation. See PC public wireless network, disable the wireless con- World’s 2008 review of “8 Checkpoint-Friendly nection. If using an external Wi-Fi card, it can be Laptop Bags” for the products and an over- removed. If the computer has an internal card, disable the card. view of the regulations at tinyurl.com/6xkchf. Common sense and caution are both essential What’s in the computer bag besides the laptop? when using a public Wi-Fi connection. The conse- I never travel without a stash of several USB quences of ignoring security issues could be flash drives. You never can tell when you will damaging to the health of one’s computer and/or need one of them, and I have made more than bank account. one friend by having an extra to give away. Even if you do not carry several flash drives, you must carry at least two — one that is encrypted and one that is not encrypted. On the information. Think of the encrypted flash drive encrypted drive you can have your credit card as the “I lost my wallet” backup, although it numbers and 800 numbers for each company, is great for carrying confidential client docu- medical insurance and other important personal ments, too.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2417 If you don’t want to learn do-it-yourself pus Cable Charges 10 devices (via USB) for encryption, there are many USB flash drives Just 10 Dollars” at tinyurl.com/kjhhke. that come with it preinstalled. A favorite among A similar setup to charge with AC power is many is the Ironkey brand at www.ironkey. found at www.igo.com. These products are com. Taking a cue from the Mission Impossible reasonably inexpensive and leave you carrying series and movies, this can be set to delete your a lighter computer bag through the airport. data if it is lost and the finder enters the wrong password a set number of times. Although many laptops have built-in surge protection, a small portable surge protector is a If you need to carry a lot of data safely or just wise investment. For example, here’s an inex- want to have a backup of your data to carry pensive combination of surge protector, “power with you, look at portable hard drives which strip” and USB charger, a Belkin Mini Surge are designed for rough treatment like the Hita- Protector (www.belkin.com, $24.99). It offers chi SimpleTOUGH. Amazon offered these at a two convenient USB power ports as well as price of $65.93 for 320 GB and $107.29 for 500 three AC outlets and has a very good 918 joule GB at the time I was preparing this paper. rating. If weight is a big concern, the Seagate Free- Agent Go (http://bit.ly/FreeAgentGo) is one of the thinnest and lightest hard drives avail- able - it only weighs 5.6 ounces! It comes in 250GB, 320GB and 500GB models. A corded mouse creates A portable wireless mouse – Usually I can more clutter in my bag, so a deal with the touchpad for most computer work. But sometimes I want the control of a portable wireless mouse is the regular mouse. A corded mouse creates more clutter in my bag, so a portable wireless mouse perfect solution. is the perfect solution. Just plug in the small USB antenna and your mouse is ready to go. My current wireless portable mouse is the Logotech VX Nano Cordless Laser Mouse (tinyurl.com/2enc5gt, $69.99). Along the same line, I know I’m not “sup- posed” to use them, but I carry one of the little “No fly” bag — In the olden days of flight I two-to-three prong electrical adaptors in my used to travel with a little kit that included sev- bag. Most big city hotels have all upgraded to eral small screwdrivers, scissors and a pocket grounded three-prong AC outlets, but every knife. Now I try never to toss anything into my now and then in the hinterlands, you will find computer bag that cannot pass an airport screen- a hotel room with only two-pronged outlets. I ing. One way is to keep all of the banned carry- wouldn’t use this for working on my laptop for on items in one “no fly” bag that could easily be long stretches. transferred into one’s checked bag when flying. You never know when you are going to be I will also note that I have just started using really glad you had a screwdriver (or a cork- my new iPad for travel. It is clear that it is a screw) with you when traveling. superior traveling tool, being very light and easy to read. Another bit of information for the road war- rior to carry is the Help Desk numbers for your TRAVEL PLANNING software applications and the serial numbers There are a number of online services and just in case you need help. resources related to travel. For more informa- Chargers and cords — If the traveling lawyer tion, check out an article that I co-authored isn’t careful, he or she may find the computer with colleague, Courtney Kennaday, that bag full of cords and chargers for a variety of reviews trip planning and deal sites, “Sites For devices. Some consolidation may be in order Sore Eyes — The Travel Site Less Visited.” The and you might consider a setup that will article, published in the September 2009 ABA charge more than one device. Chargers that GP|Solo eTechnology Newsletter is available have tips for a number of different devices are online at tinyurl.com/m8l8j9. now inexpensive and compact. See The “Octo-
2418 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 If you are not familiar with websites and services like Kayak.com, TripAdvisor.com, About The AuthorS Chowhound.com, SeatGuru.com and TripIt.com, John Brewer is a solo practitioner in Oklahoma you really need to review this article. These ser- City. He graduated from the OU College of Law in vices are critical for the traveling lawyer. 1974 and has been active in technology issues per- CONCLUSION taining to the OBA and other nonprofit organiza- tions. He has presented numerous presentations Hopefully, this article has given you some regarding technology as it relates to the practice of new tools that you can use when you find your- law for the OBA and other organizations. He has a self thrust into the role of the traveling lawyer. particular interest in mental health issues and the role Our tools for the road continue to evolve as that lawyers can play in improving the lives of those smart phones get smarter and online tools challenged with mental health issues. become more secure and more powerful. Wheth- er you carry all the tools you need with you or rely on a remote connection to your office net- Jim Calloway is the director of work, I hope you find these tips to help you the OBA Management Assis- become more productive on the road. tance Program and manages the OBA Solo & Small Firm Con- ference. He served as the chair of the 2005 ABA TECHSHOW board. His Law Practice Tips blog and Digital Edge podcast cover technology and manage- ment issues. He speaks frequent- ly on law office management, legal technology, ethics and business operations.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2419 2420 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Technology & LAW PRACTICE MANAGEMENT
Welcome to the Future: The Paperless Law Office and E-filing By Adrienne N. Cash
law practice without mountains of paperwork; is that even possible? Indeed it may be a very real possibility. A A growing trend among law offices and courts is to become paperless and rely on technology instead of the old reliable paper file. “Paperless” does not mean having no paper in your office. It simply means not relying on paper as the sole means of keeping information.1
Becoming paperless is not only a growing in 2006 and by 2008, the Court of Appeals came trend and a tool to allow a law office to run more online with civil, agency, probate, and domestic efficiently, it is also likely the way of the future cases. Today, approximately 96 percent of all and someday will likely be almost mandatory. civil documents are e-filed in the district courts throughout Colorado.5 Currently, e-filing is used Courts across the country, including the three in Alabama, Arizona, California, Colorado, Con- federal courts in Oklahoma, are no longer necticut, Delaware, district of Columbia, New accepting paper filing and requiring attorneys Jersey, New York, North Carolina, Ohio, Texas to electronically file documents. This is a grow- and Washington.6 North Dakota currently has a ing requirement and in all probability will pilot program in place for e-filing.7 The majority reach the Oklahoma district courts sooner of states, even those that have not implemented rather than later. The U.S. District Court for the e-filing, have rules governing the electronic fil- Western District of Oklahoma made electronic ing of documents.8 Oklahoma is no exception.9 filing (e-filing) mandatory on May 1, 2004.2 The 20 O.S. §3004 provides “The Supreme Court is U.S. district Court for Northern district of authorized to provide for electronic filing of Oklahoma made e-filing mandatory on June 1, documents in the Supreme Court and the dis- 2005.3 Finally, on Sept. 15, 2007, the U.S. District trict courts. The Administrative Office of the Court for the Eastern district of Oklahoma Courts shall promulgate rules for the filing of mandated e-filing.4 The first state to implement documents transmitted by electronic device. statewide e-filing was Colorado. Beginning in Rules for electronic filing must have the approv- late 1999, the Colorado judicial branch began al of the Supreme Court.”10 analysis and development of e-filing, with the program being piloted in the spring of 2000. By E-filing has multiple benefits to all involved. February 2001, the program was statewide in It allows the court and all other parties to all general jurisdiction civil, domestic relations, have immediate access to the documents. probate and water cases. E-filing was expand- Additionally, it prevents documents from ed to limited jurisdiction money and FED cases being misplaced. It also permits those last min-
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2421 ute changes to be made with less risk of miss- mation highlighted, thus bringing the jury’s ing the filing deadline. E-filing can lead to attention directly to the immediate issue.14 monumental cost savings, by reducing courier One of the best features of becoming a paper- and copying fees, use of paper and staff time. less office is that it is relatively simple to get Aside from putting a lawyer in a better posi- started. You must first obtain some basic neces- tion to adapt to mandatory e-filing when it sities: a high quality scanner; Adobe Acrobat reaches Oklahoma, the paperless office has Pro; a document management system; a server many other benefits which are far reaching. A and out of office backup. This equipment is paperless law office increases productivity and remarkably accessible to everyone, even solo efficiency. Time spent shuffling papers and practitioners who are just starting out. hunting documents decreases significantly. Speed dominates when shopping for an Attorneys and paralegals are able to access and office scanner. In order to be most productive work with documents away from the office via you’ll need a scanner that processes at least 20 the Internet, allowing for productivity even pages per minute with an automatic document during travel. One of the most important ben- feeder (adf) that takes a minimum of 25 pages efits is protection from perma- at once.15 A quality medium or nent data loss through digital high-speed scanner will prom- copies of documents.11 There is inently display its page per software available which per- minute (ppm) scanning speed. mits an attorney to type in a As a case Scanners that are very fast, key word and almost instanta- high volume, can run several neously access the document progresses, prompt thousands of dollars, but in containing that word. docu- reality most small to medium ment management software updates to a legal size offices do not need that has many benefits. It is an elec- kind of speed. Locating a scan- tronic system that makes use of database and automated ner that will be a perfect fit for various systems for electronic your practice is not nearly as production, storage and retriev- document management daunting of a process as one al of files. In addition to han- may think. In fact, in a matter dling paper documents and allows for easy access to of minutes I found a scanner text files, data management that has a speed of 25 ppm software also effectively man- documents and specific with an adf of 50 pages for less ages data capture of video, than $800 from Hewlett Pack- audio, faxes, reports, e-mails, categorization of case ard.16 While a scanner with adf fonts, photos and various imag- is essential, it cannot process es via electronic scanning and materials. all of the documents which electronic imaging.12 Addition- need to be processed. Some ally, document management documents, such as legal-size software can streamline dock- documents and photographs, require a flatbed eting with document entry. As a case progress- scanner. These too can be picked up relatively es, prompt updates to a legal database and inexpensive. automated document management allows for easy access to documents and specific categori- Adobe Acrobat is available online through zation of case materials. Deposition transcripts, Adobe.com or available at most office stores pleadings, discovery and medical documenta- such as Best Buy, Office Max or Office Depot. tion can be maintained in the case database The software varies in price from around $450 and cross-referenced for easy access.13 While for the pro version to $300 for the standard ver- this is obviously helpful in the day to day sion. There are a multitude of benefits to the operations of a law firm, the benefits during pro version; it not only allows you to access trial preparation and trial are innumerable. All and view pdf documents, it will allow you to documents are available at the touch of a but- edit the documents, create form-filled pdfs and ton and could be easily imported into a trial bates label documents all electronically. presentation software without the need for hours of needlessly digging through boxes and A document management system is essential papers. Important documents can easily be to operating a paperless law office. A simple placed on a PowerPoint slide with key infor- Google search will turn up numerous options. Some of the software will do more for you than
2422 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 just managing your documents, it is essentially an assistant in a box. invites alumni and One of the most critical features of a paper- less law office is storage. An internal server as friends to a luncheon well as an external backup source are essential and panel discussion to ensuring the safety and integrity of your during the OBA documents. There are numerous companies that perform backup services both in hard Annual Conference form and online for a nominal fee. While the thought of giving up the trusty old Luncheon red rope folder, boxes, stacks of paper in the 8FEOFTEBZ /PWFNCFS rQN corner and the frantic law clerk running to Crowne Plaza Hotel, Tulsa Ballroom North make the filing deadline before the court doors 100 East Second Street, Tulsa, OK close may sound like a work of fiction or a nightmare, depending on your personality, it is 3FTFSWBUJPOT3FRVJSFEr5JDLFUT definitely advantageous and the way of the 3471CZ/PWFNCFSUP future. A 1. Tom Stasiuk, “3 Advantages of a ‘Paperless’ Office,” http://pla- net10tech.com/2008/03/3-advantages-of-a-“paperless”-office/. Featured Luncheon Speaker March 6, 2008. 2. Jim Calloway, “The Brave New World of E-Filing,” The Oklahoma Bar Journal, May 15, 2004, Vol. 75 No.15. Jamie McDonald 3. www.oknd.uscourts.gov/okndpublic/announce.nsf/0741 ebdfb8f559f186256b4500186662/17c6c63ec2c93bff86257116005f1832/ TU Visiting Assistant Professor $FILE/GO%2005-08.PDF. of Law, former Clerk for U.S. 4. www.oked.uscourts.gov/. 5. www.courts.state.co.us/Administration/Program.cfm/Program/21. Chief Justice John G. Roberts, Jr. 6. Electronic Filing Resource Page found at www.abanet.org/tech/ ltrc/research/efiling/. iĉF4VQSFNF$PVSU"O0WFSWJFX 7. Administrative Order 14 – “Electronic Filing Pilot Project” www. GSPNB-BX$MFSLT1FSTQFDUJWFu ndcourts.com/court/rules/administrative/ao14.htm. 8. Electronic Filing Court Rules found at www.abanet.org/tech/ A ltrc/research/efiling/rules.html. 9. 20 O.S. §3004. 10. Id. Honored Alumni 11. Tracy Adams 120, “More Law Firms Latch on to Paperless Edwin W. Parker II (JD ’69), Outstanding Senior Alumnus Trend,” The Daily News, 120:245 (December 2005), www.memphisdai- lynews.com/editorial/Article.aspx?id=29307. William Chad McLain (JD ’01), Outstanding Junior Alumnus 12. “Benefits of document Management Solution” (May 2010) www.articlesbase.com/national-state-local-articles/benefits-of-docu- Hugh M. Robert (BA ’98, JD ’08), Outstanding Junior Alumnus ment-management-solution-2359674.html#ixzz0uqkVKbpF. 13. Christina L. Koch, “Document Control and Litigation Support” OBA Outstanding Student Award (January 2010) www.paralegalgateway.com/2010/01/25/document- Philip Tinker control-and-litigation-support/. 14. Id. 15. Richard Keyt, “A Simple Inexpensive Way to Create a Paperless OBF Fellows Scholarship Recipient Law Office,” (December 1999), www.keytlaw.com/tech/paperless.htm. Bradley J. Brown 16. www.hp.com.
About The Author Panel Discussion Tuesday, November 16 6:00 P.M. Adrienne N. Cash is a 2003 r graduate of the University of Tulsa College of Law. She is admitted TU’s +PIO3PHFST)BMMr1SJDF5VSQFO$PVSUSPPN to practice before the Oklahoma 'SFFBOEPQFOUPUIFQVCMJDr3FDFQUJPOGPMMPXT Supreme Court and the U.S. District Court for the Northern District of OBA President and TU Law Oklahoma, Western District of Alumnus Allen Smallwood (JD ’74) Oklahoma, Eastern District of Okla- will give an address and moderate a homa, Western District of Arkansas panel discussion with the leaders of and Eastern District of Arkansas. She is a member of Phi Lawyers Helping Lawyers and the Delta Phi legal honors fraternity. Her practice focuses Work-Life Balance Committee about primarily on insurance law with the firm of Gibbs, Arm- the stresses of the profession.
strong, Borochoff, Mullican & Hart, PC in Tulsa. The University of Tulsa is an EEO/AA institution.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2423 THE OBA DIVERSITY COMMITTEE will be presenting a forum on JUDICIAL DIVERSITY
at the 2010 OBA Annual Meeting Thursday Nov. 18, 2010 2 – 4 p.m.
There will be a panel discussion of diversity in the judiciary by Oklahoma judges.
OBA DIVERSITY COMMITTEE SCHOLARSHIP PROGRAM
The OBA Diversity Committee will be giving three scholarships this year to a student at each of Oklahoma’s three law schools. Please consider making a donation towards this very important effort. If you wish to make a donation, please detach this stub and submit with your donation, payable to Oklahoma Bar Association, to Teresa Rendon, OBA Diversity Committee Scholarship 2901 N. Classen Blvd., Ste. 112, Oklahoma City, OK 73106. Name ______
Address ______
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2424 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 OBA Exclusive
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Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2425 2426 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Technology & LAW PRACTICE MANAGEMENT
Oklahoma’s New E-Discovery Rules By Steven S. Gensler
-discovery has officially arrived in Oklahoma. Unofficially, it has been here for many years. In 2008, for example, the Oklahoma Supreme Court decided a case involving sanc- E 1 tions against a party for deliberately destroying computer files. And since at least 2003, the Oklahoma Bar Journal has been keep- ing readers up-to-date on many aspects of e-discovery.2
This year, however, marks the official begin- Ultimately, all that matters is what those bodies ning of the e-discovery era in Oklahoma. intended. Nonetheless, the background behind Recent work by the OBA Civil Procedure Com- the committee’s choices hopefully sheds light mittee has led the Oklahoma Supreme Court on why the proposals emerged in the form that and the Oklahoma Legislature to adopt new they did, and those insights may prove useful in e-discovery rules. On Feb. 9, 2010, the Okla- understanding and applying the new e-discov- homa Supreme Court amended District Court ery rules as they were enacted. Rule 5 to address the scheduling and manage- OVERVIEW OF THE CHANGES ment of e-discovery.3 And on Nov. 1, a package of e-discovery amendments to the Oklahoma The new e-discovery rules have three com- Code, passed and signed earlier this year, took ponents. The main component consists of effect.4 With that, Oklahoma will join the fed- amendments to the discovery code. These eral courts – and approximately 28 other states amendments are, not surprisingly, the heart of – in having rules written specifically to address the e-discovery rules. They contain the amend- the discovery of electronically stored informa- ments that speak to core issues like the scope tion (ESI). of e-discovery, the methods for seeking ESI, and the mechanics of producing it. The sec- This article presents the content of the new e- ond component consists of amendments to discovery rules and discusses how they will Section 2004.1 of the pleading code governing affect discovery practice in Oklahoma. Along subpoenas. These changes extend some of the way, it explains various choices that the the practices and protections developed for OBA Civil Procedure Committee made when party-to-party e-discovery to third-party e- developing the proposals that the House of Del- discovery. The third component consists of egates approved and forwarded to the Legisla- amendments to District Court Rule 5 govern- ture and the Supreme Court. It is essential to ing pretrial proceedings. These changes add emphasize an obvious point — the committee e-discovery to the list of topics that the trial did not enact the proposals into law; the Legis- lature and (for Rule 5) the Supreme Court did.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2427 judge can manage pursuant to the judge’s The Scope of Discovery: The changes to Sec- scheduling and case-management powers. tion 3226 flow from a foundational question: Should the scope of e-discovery be different For lawyers experienced with the e-discov- than the scope of traditional paper discovery? ery provisions of the Federal Rules of Civil That question was prominent in the federal e- Procedure, the Oklahoma e-discovery rules discovery rulemaking process. Many argued will be very familiar. Each of them parallels that the scope of e-discovery should be nar- some part of the e-discovery amendments to rowed because of the sheer volume of ESI the Federal Rules that took effect in 2006. The available and the resulting costs and burdens reason for the similarity is simple — all of the associated with e-discovery. code provisions in question and District Court Rule 5 are modeled after analogous provisions Ultimately, the federal rulemakers decided in the Federal Rules. We did not need to write not to alter the general scope of discovery for e-discovery rules from scratch. The 2006 e-dis- ESI. But they did create a special provision to covery amendments to the Federal Rules deal with one problem that is unique to e-dis- already showed us the path forward. covery — the fact that some ESI is stored away in forms or systems that require considerable But this was no simple cut-and-paste job. cost and effort to access. The classic example is First, while the relevant code provisions and information stored on back-up tapes or other District Court Rule 5 are modeled after various systems that are designed for disaster recovery Federal Rules, they occasionally depart from rather than regular use. The information is still the Federal Rules in significant ways. One of there, but it can be very costly to access it. the challenges for the project was to integrate the federal e-discovery provisions into Okla- The solution adopted by the federal rulemak- homa’s pretrial scheme. Second, each of the ers was to create a special tier for discovery federal e-discovery amendments was consid- from “inaccessible” sources of ESI. Under Fed- ered on its own merits. As discussed in more eral Rule 26(b)(2)(B), a party that has inacces- detail later, not all of them made the cut. For sible ESI is not required to search it initially, but those that did, however, the e-discovery case instead may simply describe the inaccessible law that has been developing in the federal sources, say that they have not been searched, courts since 2006 should provide a valuable and then leave it to the court to determine source of guidance for lawyers and the Okla- whether there is good cause for them to be homa courts.5 searched and under what conditions. (It is important to emphasize that this scheme does CHANGES TO THE DISCOVERY CODE not affect discovery from accessible sources of Given that we are dealing with rules for e- ESI. For accessible sources — e.g., active com- discovery, it should come as no surprise that the puter files and active email files — the scope of primary amendments are to provisions of the discovery is unchanged.) Our committee elect- discovery code. Four sections are affected: 1) ed to incorporate the “two tier” scheme in our Section 3226 addressing discovery generally; 2) proposal. But there were two obstacles to inte- Section 3233 addressing written interrogato- grating it into Section 3226. ries; 3) Section 3234 addressing document First, the federal rulemakers had added the requests; and 4) Section 3237 addressing dis- “inaccessible ESI” provision to the version of covery sanctions. the Federal Rules that existed in 2006. We 12 O.S. 3226 would be adding the provision to Section 3226, which is based on the 1980 version of Federal The section that contains the greatest number Rule 26. Federal Rule 26 had been significantly of changes is Section 3226. At first blush, it may amended in 1983, 1993 and 2000, and most of appear that Section 3226 was overhauled in its those changes had not been incorporated into entirety. Subdivisions (A) and (B) certainly Section 3226.6 Indeed, because of these differ- look quite changed. In reality, the changes to ences, the place in Federal Rule 26 where the Section 3226, while important, are much more “inaccessibility” provision was added did not modest than they seem. Rather, the changed even exist in the version of Section 3226 we appearance results mostly from the reorganiza- were working with. tion of the existing content of subdivisions (A) and (B) and from the inclusion of explicit “pro- That was not all. In 2009, the tort reform portionality” provisions in subdivision (B). bill, HB 1603, amended Section 3226 to add a
2428 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 provision requiring the automatic disclosure of must protect the parties from “excessive or damage calculations and supporting materi- abusive” discovery. als.7 Keeping with the 1980 structure of the In summary, while the new version of Sec- rule, however, the damage calculation provi- tion 3226 looks quite different from the former sion was added to Section 3226(B) right where version, in substance the changes are modest. the “inaccessibility” provision would best fit if The only new concept is the creation of a two- we followed the current federal structure. In tier scheme that distinguishes between acces- short, differences between the structure and sible and inaccessible sources of ESI. All of the content of the 2006 version of Federal Rule 26 other changes are either organizational or, in and the 2009 version of Section 3226 meant that the case of the “new” proportionality provi- we could not simply cut-and-paste the inacces- sions, restate well-established norms. The result sibility provision into Section 3226. is that the content and structure of Section The committee decided to overhaul Section 3226(B)(2) will once again track that of Federal 3226(B) to have it track the current structure of Rule 26(b)(2). Lawyers and judges alike will Federal Rule 26(b). That entailed doing two benefit by being able to draw more directly things. First, it required moving the new dam- from the guidance provided by the case law age calculation disclosure provisions to Sec- applying the parallel federal provisions. tion 3226(A) and making some changes there Post-production Claims of Privilege: The to get it to fit just right. Second, the committee only other part of Section 3226 to be substan- updated Section 3226(B) to bring it in line tively amended was subdivision (B)(6) gov- with the current version of Federal Rule 26(b). erning the process for claiming privilege or That process began by updating Section work-product protection. There are several 3226(B) to have it resemble the 2006 version of changes. First, it was renumbered as Section Federal Rule 26(b), which largely entailed 3226(B)(5). Second, it was divided into sub- added the changes from 1983 and 1993 that parts (a) and (b). The content of the old rule dealt with discovery limits and proportional- located at subdivision (B)(6) now comprises ity. Having done that, the committee could subdivision (B)(5)(a). What is new is the con- then follow the federal lead and fit the “inac- tent of subdivision (B)(5)(b). cessibility” provision into Section 3226(B)(2)(b). The end result is that the content of Section In 2006, Federal Rule 26(b)(5) was amended to 3226(B)(2) is now effectively the same as the address the steps the parties should take in the content of Federal Rule 26(b)(2). event that a party has inadvertently produced material that it thinks qualifies for privilege or In doing these things, however, the commit- work-product protection. The producing party tee did not believe that its proposal made any may notify the receiving party, at which point substantive change to Section 3226 apart from the receiving party may not use or disclose the the addition of the “inaccessibility” provision. material until such time as a court rules on the Obviously, the meaning of the 2009 damage claim of privilege or work-product protection. calculation disclosure provision did not change Either side may bring the issue to the court and upon being relocated to Section 3226(A). And seek a ruling. New Section 3226(B)(5)(b) incor- while Section 3226(B)(2) now expressly includes porates this provision. the undue burden and proportionality limits in the rule, those concepts have long been an It is crucial to appreciate that this new provi- established part of Oklahoma discovery prac- sion is procedural only. It does not speak to tice.8 Indeed, the concepts have long been fea- whether the material in question ever qualified tured in the Oklahoma Discovery Code. Under for privilege or work-product protection. Nor Section 3226(G), lawyers already have a duty does it speak to whether any applicable privi- to make sure that their discovery requests, lege or work-product protection was waived responses and objections do not impose undue when the material was produced. (Readers burden or expense. Undue burden and expense should note that this question is now addressed, are already grounds for the issuance of a pro- at least in part, by 12 O.S. 2502(E).10) Rather, the tective order under Section 3226(C).9 And Sec- sole function of this provision is to allow the tion 3226(F) already authorizes judges to regu- producing party to place a “hold” on the use of late discovery by entering discovery plans, that material until the privilege, protection and expressly stating that, when doing so, the court waiver issues are resolved by the court.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2429 Discovery Planning: Finally, and then ask the court to inter- it is necessary to identify and vene if the overture is rebuked. discuss an e-discovery amend- If we have So, for our committee, the ques- ment that was not made. Since tion was not whether to update 1993, Federal Rule 26(f) has learned anything from the early discovery planning required the parties to hold a rule to include e-discovery, it discovery planning conference the last four years of was whether to have an early and submit a discovery plan- discovery planning rule in the ning report to the court. The e-discovery in the first place. purpose of the conference is to The members of the commit- get the parties thinking about federal courts, it is tee debated this question at — and talking about — their length. Some, including my- discovery needs early in the that most e-discovery self, were strong believers in case, with the hope that doing the benefits of discovery plan- so will reduce confusion, problems are ning and urged that Section increase cooperation and spot- 3226(F) be amended to require light areas where there may be preventable. it. Others resisted, concerned problems. The purpose of the that a discovery planning report is to ensure that the court requirement would increase is fully-informed about the discovery needs and expense and conflict with existing scheduling issues in the case when it enters the case man- and case management practices in many coun- agement order. ties, especially if it required the parties to sub- As part of the 2006 federal e-discovery mit a report in advance of the court issuing a amendments, Federal Rule 26(f) was amended case management order. The committee to add several e-discovery topics to the list of reached a compromise — our proposal would topics to be addressed at the planning confer- require the parties to confer about discovery ence. The federal rulemakers considered this to but would not require a report unless the be a critical part of the new scheme. They real- court so ordered. Ultimately, however, the ized there were no “silver bullet” rule changes committee withdrew the Section 3226(F) pro- that could solve the many and evolving issues posal after it failed to receive the support of associated with e-discovery. Rather, the key the OBA Board of Governors. would be sound judicial management. But Speaking only for myself, I think the absence even the best judicial management would fall of an early planning requirement significantly short if the parties blundered about blindly weakens the impact of the e-discovery amend- and only brought e-discovery issues to the ments. If we have learned anything from the court’s attention after they had festered into last four years of e-discovery in the federal serious problems. In the world of e-discovery, courts, it is that most e-discovery problems are an ounce of prevention is truly worth a pound preventable. And when genuine e-discovery of cure. The Advisory Committee notes to the disputes do arise, they cause far less damage 2006 amendment to Federal Rule 26(f) read like when detected and resolved early. a sermon on the benefits of early planning and regular communication (not to mention the It is critical that lawyers not view the absence need for lawyers to approach e-discovery in of a mandatory discovery planning provision as the spirit of cooperation rather than knee-jerk signaling that e-discovery planning is not impor- adversarialism). tant. The committee did not withdraw its Sec- tion 3226(F) proposal because people disputed On the surface, the question of whether to the value of early communication and coopera- add e-discovery to the list of topics for discus- tion in discovery. The proposal was withdrawn sion might seem like a small one, if not an obvi- because some people questioned whether we ous one. But it was neither. That is because needed to enshrine a fixed conference require- nothing in the current version of Section 3226 ment into the rules in order to achieve it. Indeed, requires the parties to confer about discovery. the main argument raised against the Section Section 3226 does have a subdivision (F), but it 3226(F) proposal — both within the committee is based on the 1980 version of Federal Rule and at the Board of Governors — was that Okla- 26(f) and simply provides that a party may ask homa lawyers already “pick up the phone” and another party to engage in discovery planning, work things out before serious problems arise.
2430 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 I hope that is an accurate description of prac- difference is due to the fact that the existing tice in all parts of the state. Moreover, I hope content was reorganized to improve clarity that litigation culture will lead Oklahoma law- and understanding. yers to make sure that they give serious thought “ESI Requests”: Section 3234(A) authorizes early in their cases to whether there is likely to “document requests” and defines what they be e-discovery, and then to talk with each other can be used to obtain. It has been amended to and try to either resolve potential issues or at specifically list ESI among the materials that least identify them early for the court to resolve. can be requested. This is not a change in prac- The surest way to create an e-discovery disas- tice; courts and lawyers long have construed ter is to put off dealing with it until it’s too late. Section 3234(A) to reach computer files and e- Going forward, I would expect judges to mail and the like. The listing of ESI simply become less and less patient and understand- confirms well-established practice. ing with lawyers who present thorny e-discov- ery problems that never would have arisen if It is important to note that the amendment the lawyers had simply looked ahead and does not refer to any particular forms of ESI or talked to each other. to any particular information storage technol- ogy. One of the lessons learned during the 12 O.S. 3233 federal rulemaking process was that informa- Section 3233 deals with interrogatories. While tion technology continues to expand and evolve most e-discovery does not involve interrogato- at a pace that makes it futile to try to capture ries, the two can intersect. If the answer to an current technology in the rule. Technology- interrogatory can be derived from business specific rules would become outdated very records, and the burden of deriving the answer quickly. Thus, the phrasing of Section 3234(A) would be no greater for the requesting party is deliberately open-ended and inclusive in than for the answering party, then Section order to capture future information technolo- 3233(C) allows the answering party to tender gies. the business records in lieu of writing an Reorganized By Topic: Section 3234(B) is the answer. part that looks the most different. In part, this Section 3233(C) is amended to make clear is because the existing content was reorga- that this procedure applies to ESI as well as nized. Previously, Section 3234(B) had no sub- paper records. While the principle is the same parts, and the contents bounced back and forth for ESI, the application of the rule to ESI does between topics. It is now divided into five sub- raise new issues. Foremost is that the usability parts that are organized around particular top- of ESI may require access to a particular oper- ics. For example, subpart (3) now contains all ating system or to proprietary software. of the provisions governing the content of Depending on the circumstances, a party that requests to produce, while subpart (4) now wanted to invoke Section 3233(C) might have contains all of the provisions governing the to make its operating system or software avail- response to the request to produce. The e-dis- able to the requesting party, and might even covery provisions have been integrated into have to provide technical support, in order to the new subparts, appearing in subparts (3) satisfy the condition that the burden of deriv- through (5). ing the answer be no greater for the requesting The Mechanics of Requesting and Produc- party. This does not in any way require any ing ESI: Probably the most important issue in party to provide access to its operating systems using “document requests” to obtain ESI is the or proprietary software. If a party does not form in which the ESI is to be produced. Con- wish to do that, it always remains free to derive sider a request that required the production of the answer itself and answer the interrogatory e-mail. In what form would the e-mail be pro- as asked. duced? Would it be printed out and produced 12 O.S. 3234 as paper? Would it be produced as an elec- tronic file? If produced as an electronic file, Section 3234 is another section that looks would it be produced as an “imaged” docu- like it has been amended extensively. In part, ment like a pdf file or in its so-called “native it has. The new version includes several format”? important provisions designed to clarify and streamline the use of “document requests” to The choice between those forms can be very obtain ESI. But, like Section 3226, much of the important for two reasons. First, paper copies
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2431 are not computer searchable, but most native about the form of production are for the court format materials are. Second, paper copies and to resolve. electronic files that only provide images of the There are two reasons why Section 3234(B) documents contain nothing but what appears does not mandate any particular form of pro- on the face of the page. In contrast, electronic duction. First, the question of form of produc- documents produced in their native format tion overlaps with the scope of discovery. often include additional types of hidden infor- Much of the fighting over form of production mation automatically retained by the software, is really a proxy fight over whether the request- including “metadata” (information about the ing party will receive the hidden metadata that creation and history of the document, like details the document’s history. This can be when it was created, who created it, who important information. Indeed, parties often viewed it and when) and embedded data (e.g., seek discovery of this type of information, usu- a tracking of any revisions). Thus, parties who ally by deposing witnesses familiar with the receive paper productions or imaged electronic document. But document history is not always files may be missing out on information that relevant to the issues in the case. It would would have been available from the native for- make little sense to mandate that ESI be pro- mat document. It should come as no surprise, duced in a form that would contain all of the then, that when parties get into e-discovery metadata all of the time, including in cases disputes it is often because of a disagreement where it would be irrelevant. Second, in some over form of production. cases (e.g ., routine cases with only a few, simple documents) a party might prefer to get hard copies rather than computer files. In short, there is no one-size-fits-all approach Given the importance of to form of production. Accordingly, the new provisions do not try to provide one. Rather, the issue, one might expect the they are designed to flag the issue for the par- ties early in the case so that if there is going to new e-discovery provisions to be a disagreement it can be spotted quickly and either worked out privately or presented to the specify what form of production is court. The best way to avoid costly “do-overs” is to make sure that any disagreements are to be used. But they do not, and resolved before the first production is made. Finally, Section 3234(B)(5) defines what con- with good reason. stitutes an appropriate manner of production, setting default rules that can be altered by party agreement or court order. Subpart (a) Given the importance of the issue, one might contains the familiar language governing paper expect the new e-discovery provisions to spec- productions. Subpart (b) is new; it addresses ify what form of production is to be used. But electronic productions and provides that they they do not, and with good reason. During the must be made in either a form in which the ESI federal rulemaking process, form of produc- is ordinarily maintained or in a form that is tion was one of the most hotly-debated issues. reasonably usable. The principal purpose of Some wanted a rule that said that native for- this language is to make clear that a party may mat production was always required if request- not select a form of production intended to ed. Others wanted a rule that allowed the pro- degrade the usability of ESI. Subpart (c) then ducing party to produce in whatever form it provides that a party need not produce ESI in wanted. Like Federal Rule 34(b), Section 3234(B) more than one form. This means, for example, eschews either extreme and adopts a middle that a party could not ask for ESI to be pro- path. It does not require parties to produce ESI duced in paper format (printed out) and also in any particular form. Rather, it allows the ask for the same ESI as a computer file. requesting party to specify the form of produc- tion it wants. In response, the producing party 12 O.S. 3237 can object and state the form of production it The e-discovery issue that probably gets the intends to make. Ultimately, disagreements most attention in the legal press is that of sanc- tions. Lawyers and clients are exposed to a
2432 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 seemingly never-ending stream of horror stories Our committee took the concept of the safe involving e-discovery sanctions ranging from harbor one step further, however. due to the monetary sanctions to the dreaded “adverse limits on what the federal rulemakers can inference instruction.” The worst stories often address under the Rules Enabling Act,12 Federal involve not the deliberate destruction of evi- Rule 37(e) applies only to rules-based sanctions. dence but spoliation that resulted from a party’s It does not preclude courts from issuing sanc- failure to take appropriate steps to preserve ESI tions under other authority. Because our com- after litigation was reasonably anticipated. mittee makes proposals to the Legislature, how- ever, our proposals can address any topic within The subject of sanctions was discussed at the Oklahoma Legislature’s power. Thus, our length during the federal e-discovery rulemak- proposal departed from Federal Rule 37(e) in a ing process. Many participants urged the Advi- subtle but important way. Under Section sory Committee to develop rules that would 3237(G), the safe harbor covers sanctions gener- clearly define the duty to preserve ESI. Others ally, not just sanctions under Section 3237. emphasized the need for a rule limiting e-dis- covery sanctions to cases of reckless or inten- Because it covers all sources of sanctions, Sec- tional conduct, and not for ordinary negligence tion 3237(G) provides greater protection than in preservation or production. Ultimately, the Federal Rule 37(e). That makes the harbor federal Advisory Committee declined to write “safer,” but it does not make the harbor bigger. general rules governing preservation or spolia- It is still a small harbor. It only applies to the tion, at least at that time.11 But it did create the loss of ESI. It only applies to the routine and so-called “safe harbor” provision of Federal Rule good-faith operation of an electronic informa- 37(e), which provides that a party may not be tion system. And it is subject to the party imple- sanctioned under the Federal Rules for the loss menting a sufficient litigation hold once a law- of ESI if the loss resulted from the routine, good suit is filed or becomes likely. When ESI is lost faith operation of an electronic information sys- as a result of a non-routine or a bad-faith opera- tem. Federal Rule 37(e) is directed at situations tion of an electronic information system, or where ESI is lost, even though the party took when ESI is lost because the party should have appropriate steps to preserve its ESI, because the but failed to implement a reasonable litigation party’s computer system nonetheless deleted it hold, Section 3237(G) provides no protection. in the ordinary course of business. It is critical to Nor will Section 3237(G) provide protection to understand, however, that Rule 37(e) does not people who deliberately destroy ESI. mean that parties may sit back and idly watch CHANGES TO THE PLEADING CODE their document retention programs purge dis- coverable files. Rather, the “routine” and “good When most people think of e-discovery, they faith” operation of the party’s information sys- think of it, quite naturally, in its party-to-party tem presumes that the party will take reasonable form. But e-discovery often involves non-par- steps to intervene and prevent the loss of discov- ties. To be precise, parties often seek ESI from erable files once the duty to preserve ESI is trig- non-parties by subpoena. gered. In many situations, that means the party Most of the e-discovery reforms that were must implement an appropriate “litigation hold” adopted for party-to-party discovery have been in order to seek shelter in Federal Rule 37(e)’s incorporated into non-party discovery under safe harbor. Section 2004.1. The principal amendments 1) Our committee agreed with the idea of hav- make clear that ESI may be sought by subpoe- ing a “safe harbor” from sanctions when par- na; 2) incorporate the provisions of Section ties act reasonably. We also agreed that it was 3226(B)(2)(b) regarding “inaccessible” ESI; 3) appropriate to condition the availability of the incorporate the provisions of Section safe harbor provision on parties taking reason- 3226(B)(5)(b) regarding the process for making able steps to intervene, such as by implement- a post-production assertion of privilege or work-product protection; and 4) incorporate ing reasonable litigation holds once the duty to the provisions of Section 3234(B) regarding the preserve attaches. Without that, parties could form of production of ESI. set up aggressive “retention” ( i.e., destruction) programs and stand by while important ESI No special amendments were made to was purged until a formal document request address the cost or burden that requests for ESI was made or a court entered a preservation might impose on non-parties. That may seem order. curious. If anyone needs special protection
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2433 from the costs and burdens associated with the Still, rules alone cannot solve all of the chal- abuse or overuse of e-discovery, it would seem lenges that e-discovery presents to the modern to be strangers to the suit. While that may be civil litigation system. The issues are too com- true, the committee determined that the exist- plex. The volume is too great. The technology ing rule already provides non-parties with moves too fast. The solutions that work in one ample protection. For example, Section case will not necessarily work in the next. 2004.1(C)(1) already instructs the parties to not The message underlying the e-discovery make requests that would impose undue cost rules — sometimes set forth in black letter and or burden on non-parties and authorizes sanc- sometimes written between the lines — is that tions against parties who do. Section the best way to deal with e-discovery problems 2004.1(C)(2)(B) lets a non-party avoid compli- is to prevent them from happening in the first ance with an objectionable subpoena simply by place. That requires sound judicial case man- making a timely objection to it. Finally, a non- agement. But it starts with good lawyering. In party may seek to quash or modify an objec- this context, that means lawyers who under- tionable subpoena under Section 2004.1(C)(3)(a). stand the issues, who understand their clients’ Non-parties should look to these existing pro- needs and capabilities, and who communicate tections to deal with any special problems of with each other to prevent the avoidable prob- undue cost or burden that e-discovery subpoe- lems and to identify and resolve the real prob- nas may generate. lems before they get out of control. CHANGES TO THE RULES FOR DISTRICT Author’s Note: I have been a member of the OBA COURTS Civil Procedure Committee since 2006 and served as the chair of the E-Discovery Subcommittee that In 2006, Federal Rule 16(b)(3) was amended developed these proposals. I have also served as a to add e-discovery to the list of topics the court member of the Advisory Committee on the Federal might address in the case management order. Rules of Civil Procedure since 2005. In preparing That makes eminent sense, and our committee this article I have drawn on my experiences as a par- voted to propose a similar change. In Okla- ticipant in these various activities. However, any homa, however, case management is addressed opinions expressed herein are my own and are not to not in the code but in Rule 5 of the Rules for be taken as the views of the federal Advisory Com- District Courts. Accordingly, this aspect of the mittee or the OBA Civil Procedure Committee. committee’s proposal was formulated as an 1. Barnett v. Simmons, 2008 OK 100 (2008). application to the Oklahoma Supreme Court 2. Sarah Jane Gillett and Matthew A. Sunday, Ethical Considerations for an order amending Rule 5. and Consequences in the Realm of Electronic Discovery, 79 Okla. B.J. 2767 (Dec. 2008); Jim Calloway, Metadata – What Is It and What Are My Ethical The Oklahoma Supreme Court agreed with Duties?, 79 Okla. B.J. 2529 (Nov. 2008); Eric S. Eissenstat, Making Sure You Can Use the ESI You Get: Pretrial Considerations Regarding Authentic- the proposal and granted the application. The ity and Foundation, 79 Okla. B.J. 525 (March 2008); Drew T. Palmer and amended version of Rule 5 took effect on Feb. 9, Cherish K. Ralls, The Duty to Notify: The Ethical Use of Metadata in Okla- homa, 78 Okla. B.J. 3141 (Dec. 2007); Elliot Paul Anderson, What Lies 2010. It bears emphasizing that the new version Beneath: Native Format Production and Discovery of Metadata in Federal of Rule 5 does not mandate that parties conduct Court, 78 Okla. B.J. 999 (April 2007); Jerry Green and Susan F. Carns, E-Discovery: The New Federal Rules, 77 Okla. B.J. 3093 (Nov. 2006); Ste- e-discovery at all, let alone establish any fixed phen P. Friot, Discovery of Electronic Documents and Other Digital Data, terms regarding when or how it is to be done. 74 Okla. B.J. 1463 (May 2003); Jim Calloway, Tools for Electronic Discov- ery, 74 Okla. B.J. 1529 (May 2003). Rather, the sole change is to add e-discovery to 3. Order Amending Rule 5 of the Rules for District Courts, 2010 OK 8. the list of subjects to be addressed, as needed, at 4. SB 2039 (2010). 5. See Crest Infiniti II LP v. Swinton, 2007 OK 77, ¶ 2 (“We may look any scheduling or other pretrial conferences to discovery procedures in the federal rules when construing similar that the court might wish to conduct. language in the Oklahoma discovery Code.”); Scott v. Peterson, 2005 OK 84, ¶ 22 (“The discovery Code was adopted from the federal CONCLUSION scheme and we have looked to federal authority construing federal Rule 26 for guidance when applying our similar provision.”). 6. To give one example, the required initial disclosure provisions of Discovery has never been easy, or cheap. With Federal Rule 26(a)(1) were added in 1993 and amended in 2000. Until the advent of e-discovery, both the difficulty and last year, none of those provisions had been incorporated into Section 3226, though that did change when HB 1603 added the provision the cost of discovery can quickly get out of con- requiring parties to disclose damage calculations and supporting trol. The new e-discovery rules are meant to help. materials. 7. See https://www.sos.ok.gov/documents/legislation/52nd/ They are meant to help make the process more 2009/1R/HB/1603.pdf. manageable. They are meant to help contain the 8. See Crest Infiniti II LP v. Swinton, 2007 OK 77, ¶ 16 (“Discovery may be limited or denied when discoverable material is sought in an cost. They are no panacea. But they do represent excessively burdensome manner.”); Farmers Ins. Co. Inc. v. Peterson, progress in the right direction. 2003 OK 99, ¶ 3 (same).
2434 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 9. See YWCA of Oklahoma City v. Melson, 1997 OK 81, ¶ 25 (stating that courts should enter protective orders if discovery “is needlessly or About The Author excessively intrusive, burdensome, or oppressive”). 10. Section 2502(E) of the Evidence Code was added in 2009 as part of HB 1597. See https://www.sos.ok.gov/documents/legislation/ Steven S. Gensler is the Wel- 52nd/2009/1R/HB/1597.pdf. It is modeled after Rule 502 of the Fed- come D. & W. DeVier Pierson eral Rules of Evidence, which took effect in September 2008. Section Professor at the University of Okla- 2502(E) provides that an inadvertent disclosure of a communication covered by the attorney-client privilege or the work-product rule does homa College of Law. He is the not waive those protections so long as the holder of the privilege or vice chair of the OBA’s Civil Pro- protection took reasonable steps to prevent the disclosure and took reasonable steps to rectify the error. 12 O.S. 2502(E). cedure Committee and was the 11. In light of experience since 2006, and at the near-unanimous chair of the Committee’s Elec- urging of the practicing bar, the federal Advisory Committee has begun a new project to consider amendments to the Federal Rules that tronic Discovery Subcommittee. would directly address preservation duties and spoliation sanctions. Since 2005, Professor Gensler has 12. 28 U.S.C. §2072. served as a member of the Advisory Committee on the Federal Rules of Civil Procedure.
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Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2435 2436 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Technology & LAW PRACTICE MANAGEMENT
The Lawyer’s Guide to Using and Citing Wikipedia By Lee F. Peoples
wiki is a webpage created through collaborative effort. The most famous wiki is Wikipedia, an online encyclopedia that A contains over 15 million articles in 270 languages. Anyone can create or edit Wikipedia content at any time. Wikipedia makes no guarantees about the validity of the information it contains and warns users that articles may contain false or debatable information. Wikipedia articles have been purposely falsified by pranksters, and as a result, changes to articles about living people must be verified by Wikipedia editors before going live. The cita- tion of Wikipedia in papers and exams has been formally banned at several colleges, and Wikipedia’s founder has publicly warned college students not to cite it in their papers.
Surprisingly Wikipedia has been cited in footnoted with references to reliable sources of over 400 judicial opinions.1 Many of these ref- information. A few moments spent reviewing erences are harmless citations used for back- the footnotes may lead you to a relevant source. ground information or dicta. But in some For example, in a recent opinion, the 7th Cir- instances courts have taken judicial notice of cuit referenced the Wikipedia entry on shell Wikipedia content, decided important motions corporations and noted that the Wikipedia on the basis of Wikipedia entries and relied on entry was quoting from Barron’s Finance & Wikipedia to support judicial reasoning. Investment Handbook.2 USING WIKIS A wiki created or edited by a noted expert in a particular area of law could potentially be In spite of its deficiencies, Wikipedia can be a superior to a law review article or book by the useful starting point for research. Wikipedia same expert. The wiki could be updated can be used for gathering search terms before instantly and reflect the most recent changes in beginning research in an area that you are the law. In contrast, it would take the expert unfamiliar with. A few minutes spent mining a months or years to publish a treatise or law Wikipedia entry for relevant search terms can review article discussing the latest develop- save considerable time and produce more rel- ments in the law. Examples of these types of evant search results when using LexisNexis or wikis include: Westlaw. Some Wikipedia entries are carefully
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2437 • Workers’ Compensation Law, www. branches.”6 Registered users can create or workerscompensationok.com/, is a use- edit content on Spindle Law and editors ful wiki that contains an “unofficial sum- review the submissions to ensure quality. mary and analysis of issues that are fre- Spindle Law is still very much a work in quently addressed by the Oklahoma progress and currently only contains con- Workers’ Compensation Court.”3 The tent on evidence, the Clean Air Act and wiki is authored by Oklahoma Workers’ securities law. Compensation Court Judge Tom Leon- • Judgepedia, www.judgepedia.org/index. ard and is updated frequently. php/Main_Page, is a wiki about judges • ScotusWiki, www.scotuswiki.com, focus- that any registered user can contribute to. es on the U.S. Supreme Court. It was It has nearly 100,000 entries on federal and launched by the highly-respected Su- state court judges. Judgepedia has the preme Court specialist Tom goldstein potential to be a valuable source of infor- who is famous for his SCOTUSblog. mation about the judiciary. Unfortunately, Only “regular SCOTUSblog contributors, many of the entries about Oklahoma judg- top law students, and leading experts in es have yet to be developed. various legal fields” are permitted to edit 4 WHEN CITING A WIKI MAY the content of ScotusWiki. BE APPROPRIATE • Cornell Law School’s Wex, http://topics. The agility of wikis gives them an advantage law.cornell.edu/wex, is a wiki about law over print resources in certain situations. Wiki- that only allows “qualified experts” to pedia entries have been cited in judicial opin- write or edit content. Boasting over 5,000 ions to define new slang terms, popular culture entries, Wex is currently the most robust references, and to explain jargon, lingo and wiki about law written by experts. technology terms.7 Many of these terms are so • Many lawyers and legal academics who new that they are not yet included in more tra- share their expertise on the Internet do so ditional reference sources like encyclopedias or using a blog instead of a wiki. Two useful dictionaries. For example, Judge Alex Kozinski resources for locating blogs about law are of the 9th Circuit Court of Appeals recently Justia’s BlawgSearch, http://blawg- turned to Wikipedia to define a term related to search.justia.com/blogs, and Blawg.org. the Internet in a dissenting opinion. Judge Koz- inski criticized the majority opinion for defin- Several other wikis are worth mentioning for ing the term using a print dictionary published their efforts to tap into the collaborative nature in 1963, more than 20 years before the Internet of the wiki platform. came into existence.8 Similarly, the Western • The 7th Circuit Court of Appeals launched District Court of Oklahoma9 cited a wiki to a wiki in 2007, http://www.ca7.uscourts. define the technology term “data-carving,” gov/wiki/index.php?title=Main_Page. and the 10th Circuit Court of Appeals10 cited The main feature of the wiki is the Practitio- Wikipedia for a list of computer file formats. ners Handbook which may be edited by The collaborative process through which attorneys who complete an online registra- Wikipedia entries are created makes them par- tion form. Chief Judge Frank H. Easter- ticularly useful in certain situations. Courts brook explained the decision to open the interpreting insurance contracts have turned to handbook up for revision “As a group, the Wikipedia for evidence of the common usage attorneys practicing before our court know or ordinary and plain meaning of a contract more about appellate practice than any term. For example, a Wikipedia entry has been single person. With our wiki, we’re draw- 5 relied on to define the terms “recreational ing on that wisdom.” vehicle”11 and “car accident”12 in the context of • Spindle Law, www.spindlelaw.com, was insurance contracts. It is conceivable that in the recently launched by several Columbia law future courts may turn to Wikipedia to deter- graduates as a wiki-style treatise that mine public perception in trademark infringe- “assembles rules of law together with the ment or dilution cases or to establish commu- authorities to back up those rules. Structur- nity standards in the context of prosecutions ally, it organizes the law into a tree, with for obscene material.13 each branch leading to ever-narrowing
2438 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 EVALUATING A WIKIPEDIA ENTRY for a trivial point or collateral matter. But if the Wikipedia entry was cited to support an asser- Wikipedia entries should be evaluated to tion made in a judicial opinion, or was other- determine if they meet basic standards of qual- wise relied upon by the court, then the inability ity before they are cited. Wikipedia editors to examine the entry as the judge saw it has include editorial notes in Wikipedia entries to more severe consequences. Future researchers indicate the quality of the entry. Entries bearing may not be able to completely comprehend the a small gold star in the upper right hand corner point the judge was making if they cannot are “featured articles”14 and have been recog- retrieve the exact Wikipedia entry as the judge nized for being accurate, neutral and complete. viewed it. This may ultimately lead to uncer- At the other end of the spectrum are “stubs,” tainty and instability in the law.18 articles containing only a few sentences. Addi- tional editorial notes appearing at the top of Specific information must be included in the some articles include “missing footnotes,” citation to allow the reader to view the Wikipe- “requires authentication by an expert,” or dia entry as it appeared at the time it was cited. “requires cleanup.” One-hundred and fifteen of The rules on citing Internet sources in the the Wikipedia entries cited in the opinions I recently released 19th edition of The Bluebook examined included editorial notes alerting the are a vast improvement over the previous edi- reader to something negative in the Wikipedia tion’s rules. Rule 18.2.2 covers direct citations entry, but none of the 401 judicial opinions I to Internet sources. Under this rule, Wikipedia examined mentioned these rankings when cit- entries should be cited as follows: ing a Wikipedia entry. Wear and Tear, Wikipedia (Mar. 26, 2009, Editorial notes can be helpful in evaluating a 2:15 PM), http://en.wikipedia.org/w/ Wikipedia entry. But the analysis of the quality index.php?title=Wear_and_tear& of an entry should not rest entirely on a note oldid=237134914. made by a volunteer Wikipedia editor. Any Wikipedia entry cited in a brief or judicial Rule 18.2.2 requires a citation to include the opinion should be evaluated for authority, title of the page viewed, the date and time it was viewed and a permanent link to the page completeness, accuracy and bias.15 The author- ity of a Wikipedia entry is difficult to deter- viewed. Wikipedia provides a permanent link mine. Wikipedia entries are the products of under the toolbox section on the left-hand collaboration, and no one individual author side of each entry. This link will take future can be identified. The only clue to the author’s researchers to the entry exactly as it looked identity comes from the “View History” tab at when it was cited. the top of every Wikipedia entry. It reveals the The Judicial Conference of the United States user name or IP address of every user who recently released guidelines on the citation of edited the article. Completeness, accuracy and Internet sources that provide additional safe- bias can be evaluated by watching for editorial guards against disappearing Internet sourc- notes appearing in the Wikipedia entry and by es.19 The guidelines urge judges to capture comparing the Wikipedia entry to a reliable Internet sources when citing a source that is source like a treatise or scholarly article. “fundamental to the reasoning of the opinion CITING WIKIPEDIA ENTRIES and refers to a legal authority or precedent that cannot be obtained in any other format”20 The purpose of legal citation is “to allow the or if there is reason to expect that the source reader to efficiently locate the cited source.”16 may “be removed from the website or The constantly changing nature of Wikipedia altered.”21 The guidelines are a positive devel- entries makes them challenging sources to cite. opment but are not mandatory and do not Every Wikipedia entry cited in the 401 cases apply to state courts. In my study, 26 percent that I examined had changed since the date the of the citations to Wikipedia were found in court cited it. Some of the changes were minor state court opinions.22 The National Center for and improved the entry. In other cases, the State Courts should follow the lead of the entry changed significantly and no longer con- Judicial Conference in this area and develop tained the information it was cited for in the similar guidelines for state courts. judicial opinion.17 Changes in Wikipedia entries may be of little concern to researchers if the initial citation was
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2439 WHEN NOT TO CITE mation for this important fact WIKIPEDIA The 8th Circuit’s instead of unreliable informa- Wikipedia should not be tion obtained from Wikipedia. cited as the only source to sup- opinion contained Courts should not take judi- port reasoning or analysis. cial notice of Wikipedia content One of the most egregious several paragraphs because it does not meet the examples comes from the 7th evidentiary requirements for Circuit Court of Appeals in the critiquing the reliability judicial notice. Courts may take case of Rickher v. Home Depot23 judicial notice of a fact that is where the court relied on the of Wikipedia. “not subject to reasonable dis- Wikipedia definition of “wear pute in that it is either 1) gener- and tear” to refute a claim cen- ally known within the territorial tral to the appellant’s case that jurisdiction of the trial court or wear and tear encompassed damage that would 2) capable of accurate and ready determination occur during the proper use of a rental tool. by resort to sources whose accuracy cannot rea- Blogger and law professor Eugene Volokh was sonably be questioned.”31 Wikipedia entries are troubled by the use of Wikipedia as a “substan- often the subjects of dispute, and Wikipedia has tial authority”24 and cautioned that because the an elaborate process in place to settle disputes accuracy of Wikipedia had not been demon- over entries. Additionally, Wikipedia is a source strated, courts should rely on more traditional whose accuracy can be reasonably questioned. It sources when deciding important and contro- can be edited at any time by anonymous editors. versial matters. Wikipedia entries are often marked with edito- Wikipedia has been used in disturbing ways rial notes including “missing footnotes,” “doesn’t cite any sources,” “requires authentication by in immigration cases. In Badasa v. Mukasey25 an expert” and “neutrality disputed.”32 In the the 8th Circuit wisely remanded a Board of 33 Immigration Appeals decision denying an majority of cases, courts have wisely refused asylum request because it was based solely on to take judicial notice of Wikipedia content. However, courts have taken judicial notice of a definition taken from Wikipedia. The 8th 34 Circuit’s opinion contained several para- Wikipedia content in a small handful of cases. graphs critiquing the reliability of Wikipedia. No Oklahoma or 10th Circuit opinion has spo- One blogger noted that the use of Wikipedia ken to this issue yet. in this case “would almost be humorous if it Wikipedia entries should not be accepted to weren’t for the dire consequences of rejecting demonstrate the presence or absence of a mate- a valid asylum application and returning a rial fact in the context of a motion for summary refugee to a country in which they face torture judgment. Anyone can edit a Wikipedia entry and possibly death.”26 at any time to support their version of the facts
27 at issue in a case. Courts should be wary of any In Tandia v. Gonzales, the 10th Circuit Court 35 of Appeals cited a Wikipedia entry to support such “opportunistic editing” of Wikipedia an attack on the credibility of an asylum seeker. and should not trust it in the context of a According to the asylum seeker, the population motion for summary judgment. In several of his hometown Kaedi was 800. The court cases courts have relied on a Wikipedia entry along with other sources to grant or deny a found that this claim undermined the asylum 36 seeker’s credibility. This finding was support- motion for summary judgment. But so far ed by a quotation from the Wikipedia entry on courts have wisely rejected attempts to show Kaedi which states that “it is presently a city of the presence or absence of a material fact based only on a Wikipedia entry.37 No Oklahoma or over 60,000 people.”28 A more reliable source of population information should have been used 10th Circuit case has addressed the use of Wiki- when questioning the credibility of the asylum pedia in the context of a motion for summary seeker. The U.S. department of State back- judgment. ground notes contain detailed information CONCLUSION about all countries in the world.29 The back- ground note on the city of Kaedi located in the In James Surowiecki’s book, The Wisdom of African country of Mauritania puts the city’s Crowds, he argues that “under the right circum- stances, groups are remarkably intelligent, and population at only 34,000.30 The court should have turned to a more reliable source of infor- are often smarter than the smartest people in
2440 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 them.”38 Oklahoma judges and lawyers should sibility, and Stability in the Use of Web Sources in Law Review Cita- tions,” 94 Law Libr. J. 27, 30 (2002). be cautious when relying on the wisdom of the 20. Guidelines, supra note 19, at 2. crowds who create and edit Wikipedia content. 21. Id. at 3. 22. 103 out of 401 cases citing Wikipedia. Wikipedia has only been cited in a handful of 23. 535 F.3d 661 (7th Cir. 2008). judicial decisions in Oklahoma but citations 24. Eugene Volokh, “Questionable Use of Wikipedia by the Sev- 39 enth Circuit?,” Volokh Conspiracy (July 30, 2008, 1:02 p.m.), http:// will likely increase in the future. Wikipedia’s volokh.com/2008/07/30/questionable-use-of-wikipedia-by-the- rapidly updated crowd-sourced content makes seventh-circuit. it particularly useful in limited situations. But 25. 540 F.3d 909 (8th Cir. 2008). 26. Jaya Ramji-Nogales, “Citing Wikipedia—Harmless Error?,” the impermanent nature and questionable Concurring Opinions (Sept. 3, 2008, 9:26 a.m.), www.concurring quality of its content should give lawyers and opinions.com/archives/2008/09/citing_wikipedi.html. 27. 236 Fed. Appx. 455, 457 (10th Cir. 2007). judges pause before citing Wikipedia. 28. Id. 29. “Background Notes,” www.state.gov/r/pa/ei/bgn/index.htm Author’s Note: I would like to thank Emma Rolls (last visited July 16, 2010). for her careful editing of this article. 30. Mauritania, “Background Notes” (July 16, 2010, 9:20 a.m.), www.state.gov/r/pa/ei/bgn/5467.htm#geo. 31. Fed. R. Evid. 201(b). 1. Lee F. Peoples, “The Citation of Wikipedia in Judicial Opinions,” 32. About , Wikipedia, supra note 14. 12 Yale J.L. & Tech. 1, 6 (2009-10) (reporting the results of my exhaus- 33. Steele v. McMahon, No. CIV S-05-1874 DAD P, 2007 WL 2758026 tive survey of every judicial opinion citing a Wikipedia entry). (E.D. Cal. Sept. 21, 2007), Flores v. State, No. 14-06-00813-CR, 2008 WL 2. Nautilus Ins. Co. v. Reuter, 537 F.3d 733, 737 (7th Cir. 2008). 4683960 (Tex. Ct. App. Oct. 23, 2008), and Capcom Co. v. MKR Group Inc., 3. “About This Site,” Workers’ Compensation Law (Sept. 29, 2010, No. C 08-0904 RS, 2008 WL 4661479, at *4 (N.D. Cal. Oct. 20, 2008). 10:37 a.m.), www.workerscompensationok.com/about-this-site. 34. Helen of Troy L.P. v. Zotos Corp., 235 F.R.D. 634, 639 (W.D. Tex. 4. About, SCOTUSWIKI (July 16, 2010, 9:35 a.m.), www.scotuswiki. 2006) and Aquila v. Nationwide Mutual Insurance Co., No. 07-2696, 2008 com/index.php?title=ScotusWiki:About. WL 4899359 (E.D. Pa. Nov. 13, 2008). 5. “7th Circuit’s Wiki Lets Practitioners Contribute,” Vol. 39 No. 6 35. Noam Cohen, “Courts Turn to Wikipedia, but Selectively,” N.Y. The Third Branch 2 (June 2007). Times, Jan. 29, 2007. 6. Robert J. Ambrogi, “Crowdsourcing the Law: New Sites Rely on 36. C & R Forestry Inc. v. Consolidated Human Resource AZ Inc., No. the Community to Gather and Refine Expertise,” Law Tech. News, Aug. CV 05-381-N-EJL, 2008 WL 4000161 (D. Idaho Aug. 28, 2008), Randy 1, 2010, www.law.com/jsp/lawtechnologynews/PubArticleLTN. Disselkoen Properties LLC v. Charter Township of Cascade, No. 1:06-cv-141, jsp?id=1202463905267. 2008 WL 114775 (W.D. Mich. Jan. 9, 2008), General Conference Corp. of 7. See People v. Rodriguez, 860 N.Y.S.2d 859 (Crim. Ct. 2008) turning Seventh-Day Adventists v. McGill, 624 F. Supp. 2d 883 (W.D. Tenn. 2008), to Wikipedia for a definition of how MySpace works; People v. Hawlish, and Murdick v. Catalina Marketing Corp., 496 F.Supp.2d 1337, 1350 -51 No. G036077, 2007 WL 915149, at *6 n.5 (Cal. Ct. App. March 27, 2007) (M.D. Fla. 2007). using Wikipedia to define slang drug terms; and Healthcare Advocates 37. Davage v. City of Eugene, No. 04-6321-HO, 2007 WL 2007979 (D. Inc. v. Harding, Earley, Follmer & Frailey, 497 F. Supp. 2d 627, 630 (E.D. Or. July 6, 2007). Pa. 2007) referring to Wikipedia to define a technology related term. 38. James Surowiecki, The Wisdom of Crowds: “Why the Many Are 8. Fair Housing Council v. Roommates.com, LLC, 521 F.3d 1157, 1168- Smarter Than the Few and How Collective Wisdom Shapes Business, 69 (9th Cir. 2008). Economies, Societies, and Nations,” at xiii (2004); see also Cass R. Sun- 9. US v. Haymond, 2009 WL 3029592 (N.D. Okla. 2009). stein, Infotopia: “How Many Minds Produce Knowledge” (2006). 10. US v. Welch, 291 Fed. Appx. 193, 203-04 (10th Cir. 2008). 39. A search of Westlaw’s Oklahoma State and Federal Civil Trial 11. Fergison v. Stonebridge Life Ins. Co., No. 271488, 2007 WL 286793, Court Filings (OK-FILINGS-ALL) database revealed 10 filings citing at *3 (Mich. Ct. App. Feb. 1, 2007). Wikipedia or another wiki. 12. Laasmar v. Phelps Dodge Corp. Life, Accidental Death & Dismember- ment and Dependent Life Ins. Plan, No. 06-cv-00013-MSK-MJW, 2007 WL 1613255, at *4 n.5 (D. Colo. June 1, 2007). 13. Peoples, supra note 1, at 32-33. About The Author 14. For a thorough explanation of editorial notes included in Wiki- pedia articles see About, Wikipedia (July 16, 2010, 9:20 a.m.), www. Lee F. Peoples is director of the en.wikipedia.org/w/index.php?title=Wikipedia:About&oldid= Law Library and associate profes- 329127169. 15. Diane Murley, “In Defense of Wikipedia,” 100 Law Libr. J. 593, sor of law library science at 599 (2008). the Oklahoma City University 16. “The Bluebook: A Uniform System of Citation 1” (Columbia Law Review Ass’n et al. eds., 19th ed. 2010). School of Law. He received his 17. See the specific examples from the Helen of Troy and Murdick B.A., M.L.I.S. and J.D. degrees cases discussed in Peoples, supra note 1, at 39-40. 18. This paragraph originally appeared in my article “The Citation from the University of Okla- of Wikipedia in Judicial Opinions,” supra note 1, at 39. homa. His research and scholar- 19. “Judicial Conference of the U.S., Guidelines on Citing to, Cap- turing, and Maintaining Internet Resources in Judicial Opinions/ ship focuses on comparative law Using Hyperlinks in Judicial Opinions” (2009) [hereinafter guidelines], and the impact of technology on available at www.inbar.org/LinkClick.aspx?fileticket=hptDW9DIhFY% legal research, the judiciary and the law. 3D&tabid=356. For more information on disappearing Internet sources see Mary Rumsey, “Runaway Train: Problems of Permanence, Acces-
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2441 Mark Your Calendar and Register Today Annual Criminal Law Section Luncheon Crowne Plaza Hotel, Tulsa, Oklahoma Wednesday, November 17, 2010
ewly appointed Judge Clancy Smith of the Oklahoma Court of Criminal Appeals has graciously accepted our Ninvitation to deliver the keynote address for the Annual Luncheon and Professional Advocate Awards Presentation of the Criminal Law Section of the Oklahoma Bar Association, to be held in the Crowne Plaza Hotel on Wednesday, November 17, 2010, during the OBA Annual Meeting. Judge Smith served as a Tulsa County Special Judge for 11 years and as district Judge for 5 years prior to her appointment by Chief Justice James Edmondson, and took the Court of Criminal appeals bench in early September. Please join us in welcoming Judge Smith to the Oklahoma Court of Criminal Appeals. A gourmet plated luncheon will be served. The luncheon is open to all OBA members, whether or not members of the Sec- tion. PLEASE register on or before November 12, 2010 if pos- sible, so that we may ensure adequate luncheon plates are provided. However, walk-in registration is accepted at no extra cost.
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2442 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2443 2010 Award Recipients
OUTSTANDING LAW SCHOOL SENIOR STUDENT AWARD Daniel Correa, Oklahoma City University OBA Awards: School of Law Individuals for Whom Awards are Named Daniel Correa is a third- year law student at Okla- Neil E. Bogan — Neil Bogan, an attorney from homa City University School Tulsa, died unexpectedly on May 5, 1990 while serving of Law. He received an asso- his term as president of the Oklahoma Bar Association. ciate’s degree in arts general Mr. Bogan was known for his professional, courteous education from Sacramento treatment of everyone he came into contact with and City College in California was also considered to uphold high standards of honesty and received his bachelor’s and integrity in the legal profession. The OBA’s Profes- in American literature and sionalism Award is named for him as a permanent culture from the University reminder of the example he set. of California, Los Angeles. At OCU law, he ranks first Hicks Epton — While working as a country lawyer in Wewoka, attorney Hicks Epton decided that lawyers in his class. should go out and educate the public about the law in This fall, he serves as a research assistant for general, and the rights and liberties provided under the Judge Robert H. Henry, OCU president and for- law to American citizens. Through the efforts of Mr. mer chief judge of the 10th U.S. Circuit Court of Epton, who served as OBA president in 1953, and other Appeals. During the summer of 2010, he was a bar members, the roots of Law Day were established. In research assistant at OCU law for professor Marc 1961 the first of May became an annual special day of Blitz, in which he researched neuroscience, celebration nationwide designated by a joint resolution neuro-ethics and the law of privacy, and free of Congress. The OBA’s Law Day Award recognizing speech. In 2005, he served as an officer candidate outstanding Law Day activities is named in his honor. for the U.S. Marine Corps. Maurice Merrill — Dr. Maurice Merrill served as Mr. Correa was on the OCU Faculty and a professor at the University of Oklahoma College of Law Dean’s Honor Roll in fall 2008, spring 2009, fall from 1936 until his retirement in 1968. He was held in 2009 and spring 2010. He was a 1L Moot Court high regard by his colleagues, his former students and the Competition champion; Merit Scholarship Recip- bar for his nationally distinguished work as a writer, ient; Computer-Assisted Legal Instruction scholar and teacher. Many words have been used to (CALI) Excellence for the Future Award Recipi- describe Dr. Merrill over the years, including brilliant, ent and member of the ABA Moot Court Team. wise, talented and dedicated. Named in his honor is the Golden Quill Award that is given to the author of the best written article published in the Oklahoma Bar Journal. The recipient is selected by the OBA Board of Editors. (cont’d on page 2454)
2444 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 OUTSTANDING LAW SCHOOL Mr. Tinker is an enrolled member of the Osage SENIOR STUDENT AWARD Nation and a member of the deer Clan of the Osage people. He is interested in helping to Christa Evans, University of Oklahoma secure and expand the sovereign rights of Indi- College of Law an tribes and in promoting the social well-being Christa Evans is a third- of Native American peoples. year law student at the University of Oklahoma. EARL SNEED CONTINUING LEGAL Originally from Cherokee, EDUCATION AWARD she completed her under- Justice John F. Reif, Skiatook graduate coursework in English with an emphasis During most of his 30 in Shakespeare at Okla- years in judicial service, homa Baptist University Justice John Reif has con- and Oxford University. tributed his time and She then studied Spanish teaching talent to meet at La Universidad Autono- the continuing legal edu- ma de Guadalajara. cation needs of Oklahoma lawyers. In addition to Ms. Evans served two terms as president for presentations for OBA the class of 2011 before becoming president of programs held in Tulsa the OU Student Bar Association. She volunteers and Oklahoma City, Jus- as a certified mediator for the Oklahoma tice Reif regularly travels Supreme Court Early Settlement Program and to make CLE presenta- sits on the Provost’s Integrity Council. tions for county bar associations at their She has been listed on the Dean’s Honor Roll monthly meetings. To date, Justice Reif has and received the Cheadle Scholarship for lead- made more than 70 presentations (all with ership and community service. The Luther accompanying written materials) and has Bohanon Inn of Court selected her as a student authored or co-authored eight articles published member. Ms. Evans also interns for Preston in the OBA and Tulsa County bar journals. His Trimble and OU Legal Counsel. CLE topics range from practical subjects, such as summary judgment and appellate standards of OUTSTANDING LAW SCHOOL review, to professional ethics and civility. SENIOR STUDENT AWARD Justice Reif also contributes to education pro- Philip H. Tinker, University of Tulsa grams for Oklahoma state judges and tribal College of Law court judges — making CLE presentations for the Oklahoma Judicial Conference, serving as Philip Tinker is a third- the ethics presenter for Sovereignty Symposium year law student at the and teaching at the National Judicial College University of Tulsa Col- Tribal Judges program. Known for bringing a lege of Law and is sense of humor to sometimes dry CLE topics, pursuing a certificate of Justice Reif describes his work in continuing specialization in Native legal education as “doing something for lawyers American law. He is arti- instead of doing something to them.” cles research editor for the Tulsa Law Review and president of TU’s Native American Law Student’s Association. Mr. Tinker was a mem- ber of the 2010 class of the Udall Foundation Native American Congressional Policy Intern- ship Program, through which he worked at the White House Council on Environmental Quali- ty. In August 2011, he will begin a clerkship with the Chief Judge William Jay Riley of the U.S. Court of Appeals for the 8th Circuit.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2445 AWARD OF JUDICIAL EXCELLENCE His belief in serving was so great that when Desert Storm was starting, all JAG officers were Judge Bryan C. Dixon, Oklahoma City called to active duty to get the troops ready for Judge Bryan Dixon was overseas duty. While Judge Payne was already a appointed as a special federal judge and could have easily gotten out judge in 1983 and was first of such duty, he stepped away from the bench sworn-in as a district and performed his duty as a lawyer in accor- judge two years later. Cur- dance with his obligations as a soldier. rently, he serves as the When Judge Payne returned from active duty senior district judge in in 1970, he joined the U.S. Attorney’s Office in Oklahoma County. Muskogee and was an assistant U.S. attorney He commands the until 1973 when he went into private practice. In utmost respect from the 1988, Judge Payne became the first full-time members of the bar and magistrate judge for the Eastern District. the public fortunate to In 2001, he was appointed as a district judge appear before him. He does not have the luxury for the Western, Eastern and Northern Districts of a law clerk to do research for him or to assist of Oklahoma. Judge Payne presently serves as in the review of pleadings. However, Judge head judge for the Eastern District, although his Dixon comes to the bench fully prepared. His time is split nearly evenly between the Eastern preparations demonstrate his devotion to the and Northern Districts. He is a former commit- important role as a member of the judiciary. tee member to the Judicial Conference Commit- Judge Dixon has presided over more than 550 tee on the Judicial Branch, Judicial Council of jury trials. At one point, he presided over 40 jury the 10th Circuit and the District Court Advisory trials in one year. His hard work and dedication Council. He also frequently speaks with the to the citizens of the state is unquestioned. Association of Christian Athletes and encour- ages young athletes to remain faithful to their Judge Dixon currently serves as a chair mem- religious values. ber to the Civil Subcommittee for Installation of New Integrated Court Computer Systems, “The Eastern, Northern and Western district which will shape how Oklahoma courts manage Courts are blessed to have a judge with the ever-increasing technology and electronic data. highest judicial temperament, a judge whose He also served as a presiding judge for the 7th ethics are implacable and a judge who is both Administrative District. wise in the law and how to deal with people,” his nominator said. Active in the legal community, Judge dixon serves as immediate past president of the Okla- LIBERTY BELL AWARD homa County Bar Association. He has been active in the Bench and Bar Committee and Civil Sherri Carrier, Tulsa Procedure Committee for many years. For six “Sherri Carrier is the years, he served on the board of directors for the embodiment of selfless Mid-Del youth and Family Center and is an giving for the betterment active member of the Del City Kiwanis. of citizens in Tulsa County through her interaction in AWARD OF JUDICIAL EXCELLENCE the court system,” reads Judge James H. Payne, Muskogee her nomination. Ms. Car- rier serves as the director Judge James Payne is of court services for Tulsa known for his thorough County, dedicating her decisions and treating all personal time and money who come before him with to citizens in the criminal dignity and grace. system who have never After graduating from had a mentor. the University of Okla- She has been a strong force behind the Women homa College of Law in in Recovery Program. She is a strong advocate 1966, Judge Payne served and hands-on worker for more than 25 women in in the military for 26 years, the program. She has personally helped launch retiring in 1992 as a lieu- the Women in Recovery Program through her tenant colonel, USAFR.
2446 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 tireless efforts and keen insight into the issues president of the OBA and supported Mona Lam- surrounding women offenders. She is also a bird in becoming the first female president of relentless volunteer and a dedicated mentor to the OBA. offenders who have entered the court-sponsored therapeutic programs. Her one-on-one mentor- Mr. Sandlin practices with the highest level of ing has resulted in one success after another. excellence, professionalism and ethical aware- ness. His contributions to the bar association are One of her greatest successes was when one well chronicled, from achieving its highest rank former addict announced 22 months of sobriety. to serving on any committee as requested and Thanks to Ms. Carrier’s dedication, Jesse James participating in section membership. regained her life back. Ms. James is one of many people that Ms. Carrier personally took under He is a mentor to many young lawyers. her wing and helped her soar out of the dark- Among those attorneys who Mr. Sandlin men- ness of alcohol/drug abuse, depression, unem- tored was Judge James H. Payne, who started ployment and emotional instability. his private practice as a partner to Mr. Sandlin. When attorneys in Tulsa County need their ALMA WILSON AWARD clients to participate in a therapeutic court- sponsored program, they turn to Ms. Carrier as Judge C. William Stratton, Lawton a source of knowledge and information. Judge William Stratton Although it takes a great deal of money and has been the associate dis- many other people to help make the Women in trict judge overseeing Recovery Program successful, it also takes lead- Comanche County’s Juve- ership and relentless personal dedication. Ms. nile Bureau since he was Carrier’s efforts are a priceless benefit to the elected in 1998. He will community. begin his third term in January 2011 because he JOE STAMPER DISTINGUISHED was unopposed in July SERVICE AWARD 2010. R. Forney Sandlin, Muskogee Judge Stratton is well Forney Sandlin has been known in his community a quiet leader, a friend of for his efforts to improve the lives of children in lawyers, a man who knew his community and throughout Oklahoma. He how to make things hap- has the difficult task of placing children in pen and has served the deprived cases on a daily basis. In addition to Oklahoma Bar Association overseeing the juvenile bureau, his duties also well and long. He was extend to the Teen Court Program and the president of the associa- Regional Juvenile Detention Center. tion in 1991, having previ- Judge Stratton is dedicated to improving the ously served on the board lives of children in his community. He is a two- of governors and for eight time past president of Lawton Community The- years on the Board of Bar atre, a former board member of the Arts for All Examiners. and former YMCA wrestling, little league foot- He was a charter member of the Labor Law ball and baseball coach. Section of the OBA and served as its chairman in Whoever walks into his office will surely 1981 and 1982. He served on the Judicial Nomi- know that his focus is with children. His walls nating Commission, including serving as its are aligned with paintings and portraits of chairperson. He also served in the House of Del- healthy, happy children as well as those of his egates representing Oklahoma at the American family – six children, 14 grandchildren and his Bar Association. wife of 36 years. Mr. Sandlin has always been a supporter of the bar at the local, state and national levels. Through his work at the OBA, he was able to become an advocate for women in OBA leader- ship positions. In his support of women in law, Mr. Sandlin helped assist and support Jayne Montgomery from Purcell in becoming vice
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2447 NEIL E. BOGAN PROFESSIONALISM JOHN E. SHIPP AWARD FOR ETHICS AWARD Retired Judge Milton Craig, Chandler R. Clark Musser, Oklahoma City Judge Milton Craig is an Clark Musser has prac- active retired judge who ticed law in Oklahoma continues to serve Okla- since completing his duties homa’s legal profession as a captain in the U.S. Air and the citizens of this state Force Judge Advocate through his participation General Corps in 1974. His in mediations in appellate nominator said there can cases, service on the Judi- be no doubt that Mr. cial Ethics Advisory Panel Musser’s “conduct, hon- and the Professional esty, integrity and courte- Responsibility Panel on sy represents the highest Judicial Elections (PRP). standards of the legal pro- fession,” as required for His service on the PRP this award. has required Judge Craig to jump into action in short notice as the PRP functions almost exclu- Early in his career, Mr. Musser established the sively during judicial elections, which occur on reputation and distinction of being at the very a four-year cycle and complaints typically come top of the energy law bar in Oklahoma and on the eve of an election. beyond. He has taught energy law as an adjunct professor at the University of Oklahoma College His own judicial experience, as well as his of Law. keen sense of fairness and knowing what is the “right thing to do,” has made him a valuable He formed his own law firm in 1979 and prac- member of the PRP. As he has said on more than ticed for many years in the private sector. He one occasion, if a candidate has to ask, that gen- also worked in the public/government sector as erally means the judge/candidate cannot do it. general counsel for the Oklahoma Corporation Commission and finally as an in-house counsel During his days on the bench, he was a highly in the business sector as a general counsel to respected and well-liked judge who controlled Alpine Inc. He devotes countless hours volun- his courtroom, maintained dignity and treated teering and speaking to various legal seminars all with respect. and professional groups as a leader in the oil and gas industry. TRAILBLAZER AWARD He has been active in the OBA Real Property Reggie Whitten, Oklahoma City Law Section, OBA Energy and Natural Resourc- First in his family to go es Law Section and the Oklahoma City Mineral to college, Reggie Whitten Lawyers Society. Perhaps one of Mr. Musser’s is co-founder and partner greatest passions has been his involvement in of the Whitten Burrage the American Inns of Court. He also was a Law Firm, Fellow of the founding member and master of the bench of American College of Trial the William J. Holloway Jr. American Inn of Lawyers, and past presi- Court and served as its president from 1998- dent of the Oklahoma 1999. More importantly, he established a men- Association for Justice. Mr. toring program for young lawyers for the Inn. Whitten’s law practice focuses on insurance bad faith and litigation. Mr. Whitten’s professional accomplishments, however, pale in comparison to his charitable work. After the death of his son, he formed the Whitten-Newman Foundation in honor of his son in May of 2007. The foundation’s mission is to fund and support programs which enhance the education, health and well-being of young people from all walks of life.
2448 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 As part of that mission, the Whitten-Newman Through the efforts of various bar members, Foundation, in partnership with the Sam Noble the association developed a website at www. Oklahoma Museum of Natural History, funded muskogeecountybar.org, which will include a and created a program called ExplorOlogy, a sci- searchable member directory of dues-paying ence education program which makes science members to assist individuals in locating attor- exciting and relevant to Oklahoma youth by neys by location and area of practice. engaging them in authentic science experiences. Mr. Whitten also spends countless hours shar- In addition, the Muskogee County bar had a ing the powerful story of his son’s addiction and successful Law day agenda. On April 27 and tragic death with students and parents, inform- April 29 from 10 a.m. – 4 p.m., local lawyers ing them of the dangers of drug and alcohol volunteered in two-hour shifts to draft wills for abuse as well as providing resources to help Muskogee County first-responders under the those who already suffer from addiction. Mr. Wills for Heroes Program. Twelve Muskogee Whitten is also the current president of Com- County attorneys volunteered throughout both munity Health Charities and serves on the days and executed 13 wills. In addition to pro- board of many organizations, including Health viding a much-needed service, this project Alliance for the Uninsured, the Foundation for engaged a number of attorneys who had not Oklahoma City Public Schools, RAM Oklahoma been active in recent months and years. and Pros for Vets. Muskogee attorneys also participated in the Mr. Whitten has a passion for Africa as well. statewide Ask A Lawyer program April 29 from As co-founder of PROS FOR AFRICA, he took a 6 - 8 p.m. Seven volunteer attorneys fielded calls group of NFL players, doctors and volunteers to during the two-hour period. In addition to Uganda to provide much needed assistance to answering calls, the volunteer attorneys were men, women and children affected by war and able to discuss local issues relating to their prac- civil strife. PROS FOR AFRICA is set to return to tice of law. Africa in March of 2011 to continue drilling Finally, on May 1 from 10 a.m. - 3 p.m., Musk- water wells and providing much needed food ogee County young lawyers volunteered as part and medical services to hundreds. of a YLD statewide community service project to benefit local libraries. Young lawyers assisted OUTSTANDING COUNTY BAR at the Muskogee Public Library with landscape ASSOCIATION AWARD cleanup and prepared the ground for a new sidewalk for benches. Four law-related books Muskogee County Bar Association also were donated. Other activities throughout the year included the annual golf tournament, followed by a cruise on the McClellan-Kerr Arkansas River Navigation System and dinner to honor Chief Justice Edmondson; a courthouse bowling league; and enhanced CLE offerings. HICKS EPTON LAW DAY AWARD Comanche County Bar Association
The Muskogee County Bar Association has a long and distinguished history that has been reinvigorated during recent years. Membership involvement has grown, and Muskogee County bar members are interacting in bar meetings, activities and social events. In January, an electronic survey was conduct- ed to determine the needs of the membership. From that survey, regular meetings and dates were established, membership practice areas and size were ascertained and membership The Comanche County Bar Association is interest in CLE, social activities and unified committed to ensuring that local deserving stu- efforts were identified. dents are able to afford a higher education. That
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2449 is why the Comanche County bar regularly 2010 Law day events. Many local attorneys donates over half of its annual budget to spon- expressed this was the best Law Day celebration sor scholarships for exceptional local high school Comanche County has had in a long time. students to attend the Oklahoma university or college of their choice. during Law day 2010, GOLDEN GAVEL AWARD CCBA awarded five scholarships to deserving local students. These scholarship recipients were OBA Family Law Section recognized along with the local OBA Law Day Kimberly H. Hays, Chairperson writing contest winners at the CCBA annual The OBA Family Law Law Day luncheon. Section consistently per- The 2010 CCBA Law Day event was covered forms with a high degree extensively by local television and print media of excellence. The OBA/ outlets. The CCBA hosted the Law day lun- FLS began in 1986 and has cheon with keynote speaker Oklahoma Supreme since grown to over 1,100 Court Justice James Winchester. Lawton Mayor members and is the largest Fred Fitch joined the festivities and presented section of the OBA. CCBA President Irma Newburn with a munici- The OBA/FLS provides pal proclamation in which the city of Lawton its members with great officially recognized and celebrated Law day value for the $25 yearly 2010. Ms. Newman and Justice Winchester were dues. The section offers featured in interviews for local television and free yearly membership to newspapers at the luncheon. members of judiciary. The section offers nearly CCBA used Law Day to recognize the efforts 12 free hours of continuing legal education each of its members throughout the year. CCBA year. Membership in the section also offers awarded its annual Pro Bono Award to Susan monthly business meetings and monthly one- Bates-Ward and awarded the Professionalism hour CLE presentations. Members are also Award to Charles Wade. encouraged to attend a social/mentoring ses- sion following each monthly meeting. The Lawton Constitution featured front-page coverage of Law Day events with special focus The OBA/FLS is fortunate to have the support of Justice Winchester’s promotion of the 2010 of professor Robert G. Spector, who is the Glenn Law Day theme, “Our History: Milestones in R. Watson chair and centennial professor of law the Law.” at OU. Mr. Spector annually presents a CLE on “Recent Developments” and the “Hidden Law,” Media coverage was also extensive in getting a summary of the unpublished family law cases. the word out to the community about CCBA’s His research provides attorneys with the most annual Ask A Lawyer event. Every year, attor- up-to-date family law decisions for use in every- neys from all areas of practice in Comanche day practice. County volunteer answering phone calls from the community and offer free advice on legal The section has created the Family Law Practice issues. One caller followed up weeks later to pro- Manual, which is authored by more than 40 vide feedback that he was actually able to get his Oklahoma family law attorneys. The manual is case against him dismissed, because of the advice used by more than 250 trial and appellate judges he received from the volunteer attorneys. in Oklahoma who deal with family law issues. In 2009, the manual’s editors worked with the The association is committed to promoting OBA to convert the printed manual to an online literacy in and beyond Comanche County. That version. The online version is expected to be is why this year, members of the CCBA banded available by the end of 2010. together to clean up the exterior of the Lawton Public Library. Judges, prosecutors and private In 2010, the section created an incentive to practice attorneys washed windows, cleared increase business meeting attendance. First, the bushes and swept pavement to restore an invit- business meeting time was changed to 4:30 p.m., ing entrance to one of Lawton’s landmarks to after the monthly CLE presentation. Second, the literacy. section leadership created an attendance appre- ciation prize. Each time an FLS member attends The 2010 Law Day concluded with the annual the monthly business meeting, his or her name is CCBA golf tournament and barbecue picnic. recorded by the FLS membership co-chair. The CCBA had nearly 100 percent cumulative par- section will hold a special prize drawing during ticipation from its members during the various the Annual Meeting. The goal is to encourage
2450 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 members to stay and learn about the section’s meir created a monthly CLE, which provided projects and encourage participation. As a result, one free hour of CLE per month for dues-paying monthly business meeting attendance has members and also led her members to facilitate increased. Muskogee County’s most successful Law day. She was also involved in the Oklahoma County The OBA/FLS also financially supports other Bar Association during her time in Oklahoma committees and sections as well as various OBA City, where she served as a director in 2002-2006 projects, including the Lawyers Helping Law- and chair in 2004-2005. She served as ABA/YLD yers Assistance Program project and the OBA District Representative for Oklahoma and Women in Law Conference. Additionally, the Arkansas from 2007-2009 and has been active as executive committee holds an annual leadership a yLD state representative at the ABA/YLD retreat. Assembly. She currently serves on the OBA Bud- get Committee of President-Elect Deb Reheard. OUTSTANDING YOUNG LAWYER AWARD OUTSTANDING YOUNG LAWYER Doris L. Gruntmeir, Muskogee AWARD Doris gruntmeir has Richard L. Rose, Oklahoma City been in practice for nine Rick Rose currently years, most recently serv- holds the position of past ing as a staff attorney for chair of the OBA/YLD, the U.S. department of having served as its chair Veterans in Muskogee. in 2009. Mr. Rose worked During her time as an his way through school, attorney, Ms. gruntmeir receiving a bachelor of sci- has not only served the ence from Southern Naza- profession well through rene University and a J.D. her works, but she has from OCU School of Law, been very active in the graduating magma cum state and local bar associa- laude in 2003. tion and her community. Upon graduating, Mr. Ms. gruntmeir began her career in 2000 at Rose began working at Miller dollarhide. In Fagin, Fagin, Nixon & Reed in Oklahoma City in 2008, he began working for Mahaffey & gore the area of small business and family law. In and now practices in the area of general civil 2006, she was hired to serve as a staff attorney litigation, including contract disputes, insurance for the VA in Muskogee. Her success was evi- coverage, products liability, real estate transac- dent in the position, as she was promoted to tion and employment disputes. In addition to assistant regional counsel of the VA and will be serving as chair of the OBA/YLD and sitting on moving to Indianapolis later this year. Even the OBA Board of governors during 2009, he though she may be starting her new venture in also served as chair-elect, treasurer and secre- Indianapolis, she intends on remaining an OBA tary of the YLD and is currently the chair of the member in good standing. YLD Nominating Committee. Ms. Gruntmeir has been on the board of direc- Mr. Rose also served on the OBA disaster tors for the OBA/YLD since 2004 and has been Response and Relief Committee as a member very active and involved during that time, win- and as vice chair. He also participated in the ning the director of the year twice. Ms. Grunt- 2007 OBA Leadership Conference and is a grad- meir has chaired the New Attorney Orientation uate of the 2009 OBA Leadership Academy. Mr. Committee and the Disaster Response and Relief Rose was also a member of the House of Dele- Committee. In an effort to preserve history of gates for Oklahoma County in 2008 and 2009. the YLD and to promote continued contact, she He currently serves as chair of the YLD for the has recently undertaken a project to gather the Western district Chapter of the Federal Bar names and information of past chairs, friends Association. and fellows of the division. Mr. Rose serves as a positive representation of She is also the current president of the Musk- the profession, as he is involved in many differ- ogee County Bar Association and has shown ent aspects of his community. He is an active great leadership in transforming the MCBA into member of the downtown Exchange Club, an a more useful tool for its members. Ms. Grunt- organization that helps underprivileged chil-
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2451 dren, Lawyers for Children and the Western served as campaign chairman of Enid’s United District Pro-Bono Civil Panel. He is a regular Way in 1999 and currently serves as a trustee for volunteer at OCU and adjunct faculty member the Enid Community Foundation. in American government at OSU-OKC. AWARD FOR OUTSTANDING PRO OUTSTANDING SERVICE TO THE BONO SERVICE PUBLIC AWARD Ana Basora-Walker, Lawton Richard L. McKnight, Enid Ana Basora-Walker has Richard McKnight grad- been providing pro bono uated from the OU Col- services since the start of lege of Law in September her career 10 years ago. 1963 after having served She has used her practice two years in the U.S. Army areas of family law and as a lieutenant in Army immigration law as well intelligence. He was a as her bilingual ability of member of the Oklahoma Spanish and English to Law Review, Phi Delta Phi help the unfortunate in legal fraternity and the the community. Order of the Coif. She provides pro bono services throughout Mr. McKnight then the year, not just on Law Day. She also volun- worked as an assistant teers her time to serve on the board of directors county attorney for Garfield County and at the of Legal Aid Services of Oklahoma. same time worked for his father and Harold Gasaway in the firm of McKnight and Gasaway Ms. Basora-Walker’s presence in her commu- of Enid. In 1965, he left the county attorney’s nity promotes a positive image for members of office and formed a partnership with his father the Comanche County Bar Association and and Mr. gasaway to be known as McKnight, demonstrates the legal community’s influence Gasaway and McKnight. In his early profes- in other areas of society. Her extensive efforts sional years, he specialized in oil and gas laws have been recognized by both local news media and then mainly in wills, probate, trust and real and the Comanche County bar. estate matters. She is well respected by attorneys as profes- Mr. McKnight has made many contributions sional, courteous and a worthy adversary. She to the legal profession. He served as president of and her husband, Jay Walker, who is also an the Garfield County Bar Association in 1976 and attorney, are known for their support of other as a member of the board of governors in 1977 community activities and events such as Law- through 1979. In 1989, he served as president of ton Community Theatre and triathlons. She the Oklahoma Bar Foundation. He was a mem- received her undergraduate degree from Cam- ber of the Oklahoma Judiciary Nominating eron University in Lawton and her law degree Committee from 1991 through 1997 and he then from Texas Tech University School of Law. She is served as chairman to the committee in 1997. licensed both in Oklahoma and Texas. He is a member of the American Bar Associa- AWARD FOR OUTSTANDING PRO tion, the American Bar Foundation and the BONO SERVICE American College of Trust and Estate Counsel. In 1997, he became a life member of the fellows James J. Proszek, Tulsa of the American Bar Association. Additionally, Mr. Proszek is a share- Mr. McKnight has been extremely active in his holder in the firm of Hall community. He served as president of the Enid Estill Hardwick gable Chamber of Commerce and the American Busi- Golden & Nelson PC. Mr. ness Club in Enid, as well as a member of the Proszek’s practice involves Rotary OBA Awards Committee. He has been on primarily corporate/com- numerous boards of First United Methodist mercial litigation and tele- Church of Enid. He is currently a member of the communications law. Mr. Oklahoma Board of Ordained Ministry of the Proszek has been aggres- United Methodist Church. He was a trustee of sively involved in various the Oklahoma United Methodist Foundation for pro bono projects since 16 years and chancellor for three years. He 2007, when Assistant Gen-
2452 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 eral Counsel Craig Rainey of The Williams Cos. He has an individual AV rating through Martin- approached Hall Estill to team up in support of dale-Hubbell and was selected a Best Lawyer in Legal Aid Services of Oklahoma, a nonprofit law America in Bankruptcy and Creditor/Debtor firm serving low-income and the elderly individ- Rights Law. In addition, he was named to the uals in Oklahoma. 2006 bankruptcy law “dream team” by the Tulsa Business Journal. He graduated from the OU Col- Through his and Steve Soulé’s leadership, lege of Law in 1989. more than 40 lawyers and paralegals received training by Legal Aid and became active volun- teers to support Legal Aid’s services to the MAURICE MERRILL GOLDEN QUILL underserved of the Tulsa area. AWARD As a result of his experience and collaboration Klint C. Cowan, Oklahoma City with Wendy Brooks, TWC senior counsel, Mr. Klint Cowan receives the Proszek was instrumental in visualizing and Maurice Merrill golden implementing the Courthouse Assistant Pro- Quill Award for his article gram, which provides short-term legal assis- titled, “Tribal Sovereignty tance by volunteers to individuals who cannot vs. State Court Jurisdiction: afford counsel. Volunteers are made available to Whatever Happened to meet with unrepresented, underserved persons Federal Indian Law?”, who are on the cusp of losing their residences. which appeared in the Feb. Mr. Proszek is an AV-rated attorney through 13, 2010, issue of The Okla- Martindale-Hubbell and was selected a Best homa Bar Journal. Lawyer in America in Communications Law. He Mr. Cowan practices in graduated from the TU College of Law in 1983. the Oklahoma City office of Hobbs, Straus, Dean & Walker LLP, a national AWARD FOR OUTSTANDING PRO law firm dedicated to the representation of BONO SERVICE Indian tribes and tribal entities. His practice focuses on federal Indian law, gaming and liti- Steven W. Soulé, Tulsa gation. He graduated from Antioch College in Steve Soulé is a share- 1998 and worked as a geologist before attending holder in the firm of Hall law school. In 2004, he earned a J.D. with high- Estill Hardwick gable est honors from the University of Tulsa. In 2005, Golden & Nelson PC. His he acquired a master of laws degree (BCL) from practice involves bank- Oxford University. The Oxford law faculty ruptcy litigation and trans- awarded his BCL dissertation a distinction. As a action, reorganization, law student, he served as associate editor of the creditor’s rights and com- Oxford Commonwealth Law Journal and executive mercial transaction. Mr. articles editor for the Energy Law Journal. Soulé has been aggressive- Since 2006, he has served as vice chair of the ly involved in various pro ABA Native American Resources Committee. bono projects since 2007, Mr. Cowan is involved in cases ranging from the when Hall Estill and The representation of Indian tribes in negotiations Williams Cos. formed a partnership in support with the National Indian Gaming Commission of Legal Aid Services of Oklahoma. to federal actions for the protection of tribal Through his and Jim Proszek’s leadership, sacred sites to complex litigation involving gam- more than 40 lawyers and paralegals were ing matters. trained by Legal Aid and became active volun- teers for Legal Aid. As a result of his experience and collaboration with The Williams Cos., Mr. Soulé was instru- mental in developing the Courthouse Assistant Program, in which volunteers provide short- term legal assistance to individuals who cannot afford counsel. Mr. Soulé serves on Hall Estill’s board of directors and as the firm’s marketing partner.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2453 MAURICE MERRILL GOLDEN QUILL AWARD (cont’d from page 2444 ) Micheal Salem, Norman John E. Shipp — John E. Shipp, an attorney from Micheal Salem receives Idabel, served as 1985 OBA president and became the the Maurice Merrill Golden executive director of the association in 1998. Unfortu- Quill Award for his article nately his tenure was cut short when his life was tragi- titled, “Plausible Pleading cally taken that year in a plane crash. Mr. Shipp was – New Trends in Federal known for his integrity, professionalism and high ethi- Pleading Requirements,” cal standards. He had served two terms on the OBA which appeared in the Professional Responsibility Commission, serving as April 10, 2010, issue of The chairman for one year, and served two years on the Oklahoma Bar Journal. Professional Responsibility Tribunal, serving as chief- master. The OBA’s Award for Ethics bears his name. Mr. Salem is a solo prac- titioner from Norman. His Earl Sneed — Earl Sneed served the University of primary interest in the law Oklahoma College of Law as a distinguished teacher is federal constitutional and dean. Mr. Sneed came to OU as a faculty member law and civil rights, including First Amend- in 1945 and was praised for his enthusiastic teaching ment law. He received a bachelor of science in ability. When Mr. Sneed was appointed in 1950 to lead electrical engineering (1971), a master’s in the law school as dean, he was just 37 years old and one public administration (1975), and a J.D. (1975) of the youngest deans in the nation. After his retire- all from the University of Oklahoma. ment from academia in 1965, he played a major role in fundraising efforts for the law center. The OBA’s Con- He is the recipient of: Solo Practitioner of the tinuing Legal Education Award is named in his honor. Year Award from the American Bar Association General Practice, Solo, and Small Firm Section Joe Stamper — Joe Stamper of Antlers retired in (2002); The Oklahoma Courageous Advocacy 2003 after 68 years of practicing law. He is credited Award from the OBA (1984); Angie Debo Civil with being a personal motivating force behind the Liberties Awards of the American Civil Liberties creation of OUJI and the Oklahoma Civil Uniform Union of Oklahoma (1983 and 1994); golden Jury Instructions Committee. Mr. Stamper was also Gavel Award of the OBA (1998); Nominee for instrumental in creating the position of OBA general the Community Interest Award of The Law and counsel to handle attorney discipline. He served on You Foundation (1994). both the ABA and OBA Board of Governors and represented Oklahoma at the ABA House of Delegates He is the current chair and has been a mem- for 17 years. His eloquent remarks were legendary, and ber of the OBA Clients’ Security Fund Commit- he is credited with giving Oklahoma a voice and a face tee since 1989; a member of the Legal Ethics at the national level. The OBA’s Distinguished Service Advisory Panel since 2006; and a member of the Award is named to honor him. OBA House of Delegates each year since 1989. He is a member of the Judicial Conference of Alma Wilson — Alma Wilson was the first the 10th Circuit, a life member of the 10th Cir- woman to be appointed as a justice to the Supreme cuit Historical Society, and a life member of the Court of Oklahoma in 1982 and became its first female University of Oklahoma College of Law Asso- chief justice in 1995. She first practiced law in Pauls ciation, as well as a sustaining Fellow of the Valley, where she grew up. Her first judicial appoint- Oklahoma Bar Foundation. ment was as special judge sitting in Garvin and McClain Counties, later district judge for Cleveland County and served for six years on the Court of Tax Review. She was known for her contributions to the educational needs of juveniles and children at risk, and she was a leader in proposing an alternative school project in Oklahoma City, which is now named the Alma Wilson SeeWorth Academy. The OBA’s Alma Wilson Award honors a bar member who has made a significant contribution to improving the lives of Oklahoma children.
2454 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 OBA Governance 2011 Transitions
2010 President 2011 President Allen M. Smallwood, Tulsa Deborah Reheard, Eufaula llen M. Small- s. Reheard has wood is a solo been in private Acriminal defense Mpractice in Eu- practitioner in Tulsa. He faula since 1991, litigat- received a B.S. from ing in the areas of family Oklahoma State Univer- law, criminal defense sity in 1972 and his J.D. and bar disciplinary from the University of defense. Prior to her pri- Tulsa College of Law in vate practice, she served 1974. He has been a as an assistant city attor- member of the Okla- ney in Tulsa and an homa Bar Association assistant district attor- and the Tulsa County Bar Association since ney in Craig, Mayes, Rogers, Ottawa and Dela- 1975. Prior to obtaining his degrees, Mr. Small- ware counties. She was the first woman elected wood served in the U.S. Marine Corps, 1966- to the Oklahoma Judicial Nominating Com- 1968. He is a past president of the Tulsa County mission, serving as its chair in 2003-2004. Her Bar Association and former director of the OBA involvement includes serving on the Tulsa County Bar Foundation. He has been or board of governors for four years and member- is a member of the American Inns of Court, ship on numerous committees. She served as Council Oak Chapter, OBA Board of gover- chair of the Women in Law Committee in 2002, nors, Oklahoma Judicial Nominating Commis- 2003 and 2009 and served on the Professional- sion, Tulsa Criminal Defense Lawyers Associa- ism and Civility Task Force and the Adminis- tion, National Association of Criminal Defense tration of Justice Task Force. She currently Lawyers, Fellow, Oklahoma Bar Foundation, serves on the Military Assistance Task Force Fellow, American Bar Foundation and Fellow, and the Unauthorized Practice of Law Special American Association for Justice. In addition to Committee. She served on the Oklahoma Crim- serving, he has received numerous awards inal Defense Lawyers Association Board of such as the TCBA golden Rule Award, OBA Directors and as its vice president was the Award for Ethics, President’s Award for Ser- recipient of the OCDLA President’s Award in vice to the Centennial Committee – TCBA, 2005. She was also a recipient of the Mona TCBA Neil E. Bogan Award for Professional- Salyer Lambird Spotlight Award in 2003 and ism, OBA Neil E. Bogan Award for Profession- the Earl Sneed Award for Continuing Legal alism and ABA General Practice, Solo & Small Education in 2009. She is a frequent presenter Firm division donald C. Rikli Solo Lifetime of CLE topics on professionalism, civility, eth- Achievement Award (2006). ics and criminal law. She graduated from the University of Tulsa College of Law in 1987.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2455 Spotlight Award; Oklahoma City University 2011 Nominees School of Law 2009 Award for Community Service and the 2010 OCBA Professional Ser- vice Award. She was rated BG Distinguished –
President-Elect Very High from LexisNexis in 2010. She is a Cathy Christensen, Oklahoma City member of Phi Delta Phi, Oklahoma City Uni- versity School of Law Alumni Association and s. Christensen the Oklahoma City University School of Law was born in Nor- Executive Board. Mristown, Penn., and moved to Oklahoma in 1973. She received her Vice President undergraduate degree Reta M. Strubhar, Piedmont from Oklahoma State University in 1982 and n July 6, 1993, J.D. from the Oklahoma Judge Strubhar City University School of Owas appointed as Law in 1986. She was the first woman to sit on admitted to the bar in the Oklahoma Court of 1987. She practices in Criminal Appeals since Oklahoma City for the Law Office of Cathy M. the formation of the court Christensen PC. She served as OBA vice presi- in 1907. In 1999, she dent in 1994 and on the OBA Board of Gover- became the first woman nors from 2007-2009. She was appointed to the to be presiding judge of board in 2006 to serve the unexpired term of the court. She attended Judge Jerome Holmes after his appointment to Phillips University, Uni- the federal bench. Ms. Christensen has been versity of Central Oklahoma and Oklahoma actively involved with and held offices in City University School of Law, obtaining her numerous organizations including serving as bachelor’s degree in business education, her chairman for the Law-related Committee in master’s degree in English and her J.D., respec- 1989-1995, OBA Facilities Committee, OBA tively. She attended the Straus Institute at Bench and Bar Committee, OBA Family Law Pepperdine University for her mediation/ Section member since 1990, in 1992 served as arbitration training. She, and her husband, secretary and 1993 as social chairman; OBA worked for the FBI in Washington, D.C., and High School Mock Trial Committee member, she taught high school English and business National Mock Trial Task Force Member, Solo for 13 years in the Oklahoma City and Mus- and Small Firm Committee, OBA Women in tang Public School systems. After graduating Law Committee member since 1995, OBA Audit from law school in 1980, she worked as an Committee, OBA Budget Committee, OBA assistant attorney general, an assistant district Unauthorized Practice of Law Committee, OBA attorney and was in the private practice of law. Strategic Plan Committee and OBA Awards She taught as an adjunct professor for Southern Committee. She is also a Benefactor Fellow of Nazarene University and was the associate the Oklahoma Bar Foundation, and served as district judge of Canadian County from 1984- the OBF-IOLTA Committee chairman in 1996- 1993. In 1999, she was appointed by U.S. Chief 1998; OBF Personnel Committee member in Justice William Rehnquist to serve as the only 1997-1998; OBF grants and Awards Commit- state judge on the Federal Criminal Rules tee; Strategic Plan Revenue and Enhancement Committee. during her extensive judicial Task Force member in 2009-2010; Development career, she handled numerous bench and jury Committee and IOLTA and Revenue Enhance- trials in both civil and criminal cases. She has ment. She received the distinguished Service tried oil and gas, personal injury, products lia- Award from the OBF for service as a Trustee bility and medical malpractice cases. She served from 1994-2000. She is currently in her second as a judge in family court, probate court and term as OBF Trustee, 2006-2011. She served as juvenile court handling divorce trials, guard- the OBA Board of governors liaison to the ianships and contested probates. Judge Strub- Oklahoma County Bar Association Board of har is a member of the National Association of Directors from 2006-2009. Ms. Christensen Women Judges. She is the chairperson for the received the 2008 OBA President’s Award; 2006 retired judges of Oklahoma and has been suc- OBA Women in Law Mona Salyer Lambird cessful in the passage of legislation for retired
2456 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 judges. She has been very active in the Judges Health and Guardianship Contract since Janu- Helping Judges Committee, OBA Law-related ary 2004 and has provided the same services in Education Committee, American Inn of Court Pawnee County since February 2004. She and served on the Juvenile Justice Oversight received her B.A. from Oklahoma State Univer- Committee. Judge Strubhar has retained her sity and her J.D. from Fordham University senior status and serves as an appellate settle- School of Law. She was a graduate of the first ment conference judge for the Oklahoma OBA Leadership Academy in 2009, where she Supreme Court and serves on the three-judge was recognized as a future OBA leader to panel for the Oklahoma Workers’ Compensa- guide the association and as a lawyer who pos- tion Court. sesses the ability to inspire and challenge oth- ers. She was OBA Law day Committee co- Supreme Court Judicial chairperson from 2004-2006, during which time she petitioned the OBA Board of Governors for District Two and received increased spending that was used to revamp the Ask A Lawyer television show Gerald C. Dennis, Antlers and to improve the school-aged contests/activ- r. dennis re- ities and publicity, which increased overall par- ceived his un- ticipation. Because of these efforts, the commit- Mdergraduate tee won the 2005 Golden Gavel Award from the degree from Southeast OBA and the 2005 Law Day Outstanding Activ- State College in 1969. He ity Award from the ABA. As a member of the received his law degree Payne County Bar Association since 1997, she from Oklahoma City Uni- served as president in 2004 and the Law day versity School of Law in co-chairperson in 1999, at which time the PCBA 1975. He has practiced in won the OBA’s Hicks Epton Law day Award. Antlers in the firm of Den- She continues to provide pro bono representa- nis & Branam since 1975. tion through Legal Aid Services of Oklahoma Mr. Dennis served in the and was cited as their Volunteer for Justice in U.S. Army from 1969-1971 2004. She has participated as a volunteer media- and served as an infantry first lieutenant in tor for the Early Settlement Mediation program Vietnam in 1971. From 1980-1988, he served in and was named the 1998 John R. McCune V the Oklahoma State Senate. He has served as Volunteer Mediator of the Year. Currently, Ms. the president of the Pushmataha County Bar Pappas serves as chair of the Stillwater Com- Association from 1990 to present and has also munity Endowment Fund, board of directors served as president of the Tri-County Bar member for The Saville Center and is very (McCurtain, Choctaw and Pushmataha coun- active in her church, St. James Orthodox Mis- ties) since 1986. sion in Stillwater. She completed a two-year term as president of Chapter U, P.E.O. in 2009. CONTESTED ELECTION: Supreme Court Judicial Supreme Court Judicial District Eight District Eight Gregg W. Luther, Shawnee Scott Pappas, Stillwater r. Luther is an s. Pappas is a attorney with sole practitioner The West Law Min Stillwater and FirmM in Shawnee, where focuses primarily on he practices in the area of family law in Payne, litigation and trial advo- Logan, Pawnee, Lincoln, cacy. He is admitted to Noble and Kay counties. practice in Oklahoma She is trained as a media- and before the U.S. dis- tor and in collaborative trict Courts for the North- law. She has served on ern, Eastern and Western the Logan County Juve- Districts of Oklahoma, in nile deprived, Mental addition to the 10th Circuit U.S. Court of
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2457 Appeals. His accolades include Phi delta Phi DeMoss served as Tulsa County Bar Association Honorary Fraternity, Kerr Foundation scholar, president 2006-2007, president-elect 2005-2006, Law Review editor, Luther Bohannon American vice president 2004-2005, treasurer 2003-2004, Inns of Court (1994-2007) and Oklahoma Asso- budget director 2002-2003, Membership Com- ciation for Justice Advisory Board. He earned mittee chair 2003-2004 and 1999-2000, Law Day his B.S. degree from Oklahoma State University Committee chair 1998-1999, Lawyer Referral and his J.D. degree from Oklahoma City Uni- Services Committee chair 1992-1993, member of versity School of Law. Mr. Luther is a member the Long Range Planning Committee, griev- of the Oklahoma Association for Justice. ance Committee, Legal Aid/Pro Bono Commit- tee, Community Outreach Committee, Animal Supreme Court Judicial Law Committee, Nominations and Awards Committee and CLE Committee. Ms. deMoss District Nine was awarded the 1993 TCBA President’s Award O. Christopher Meyers, Lawton as chair of Lawyer Referral Services Committee, 1999 TCBA President’s Award as chair of Law . Christopher Day Committee, 1999 OBA Hicks Epton Law Meyers was born Day Award, 1999 ABA Outstanding Law day Oin Shawnee, May Award, 2000 TCBA President’s Award as chair 6, 1944. He graduated of the Membership Services Committee, 2004 from the University of TCBA President’s Award as treasurer and chair Oklahoma with a B.B.A. of the Membership Services Committee and (finance and account- 2010 TCBA President’s Award for the Fundrais- ing) 1966; University of ing Committee. She is involved with the Tulsa Oklahoma — J.D. 1969; County Bar Foundation as a Charter Fellow and Georgetown University served as president 2007-2009, board of trustees — L.L.M. (in taxation) 2010-2011, treasurer 2003-2004, chair of Long 1972; certified public Range Planning Committee and Retreat 2009 accountant. Mr. Meyers is admitted to practice and received the TCBF 2005 Award for Tulsa before the Oklahoma Supreme Court and all Attorneys Supporting Kids and TCBF 2004 other Oklahoma courts; U.S. Tax Court, U.S. Award for co-chair of Food drive. She has Court of Claims; U.S. District Courts in Okla- served the Oklahoma Bar Association as a Tulsa homa, Texas and Arkansas, 10th and 8th U.S. County delegate to Annual Meeting, co-chair of Circuit Courts of Appeal and U.S. Supreme the Women in Law Committee 2010, Litigation Court. He is a member of the Comanche Section chair 2007-2010, Long Range Financial County Bar Association (president 1980); OBA Planning Task Force 2009, Investment Commit- (president Taxation Law Section 1988); Found- tee, Budget Committee, Rules and Bylaws Com- ing Board of Directors of Oklahoma Bar Pro- mittee, Professionalism Committee and Law fessional Liability Insurance Co.; American Schools Committee member. Other awards Bar Association; Oklahoma Trial Lawyers Association and Oklahoma Society of Certi- received were the 2008 OBA Alma Wilson Award fied Public Accountants. and the 2007 OBA Mona Salyer Lambird Spot- light Award. Ms. deMoss is an Oklahoma Bar CONTESTED ELECTION: Foundation Charter Benefactor Fellow and served as its president in 2008, president-elect Member-At-Large 2007, vice president 2006, secretary/treasurer Renée DeMoss, Tulsa 2005, Investment Committee chair 2006, OBF Trustee 2001-2009 and OBF 2003 President’s s. deMoss is a Award recipient. She is active in the National shareholder in Conference of Bar Foundations as a member of Mthe Tulsa law board of trustees 2008-present, secretary 2010- firm gableGotwals. She 2011 and Membership Committee chair 2009- received a B.A. from Okla- 2010. Ms. DeMoss is also a member of American homa City University in Inns of Court, Council Oak Chapter, Oklahoma 1980 summa cum laude; Attorneys Mutual Insurance Company Board of J.D. from OU, 1984, with Directors 2007-present, Oklahoma Law School honors where she was Alumnae Advisory Board, 2010 Journal Record Order of the Coif. Ms. “One of Fifty Women Making a difference in
2458 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Oklahoma.” Her areas of practice are commer- Foundation. In addition to her service with the cial litigation, ERISA and insurance law. OBA, Ms. Hays frequently presents/moder- ates CLEs for organizations including the OBA, Member-At-Large OBA Family Law Section, Oklahoma Child Support Services and the Oklahoma Paralegal Kimberly K. Hays, Tulsa Association. She has been a pro bono volunteer s. Hays began since 1996 for Legal Aid Services of Oklahoma. practicing law She is a resident of Tulsa, where she is a life- with her father, long member of St. John’s Episcopal Church. M She and her husband, Alan, have been married James R. Hays, in 1993. After his death, she since 1993, and they have two children. joined the firm of Savage, O’Donnell, Scott, McNul- Member-At-Large ty, Affeldt and gentges, Mack K. Martin, Oklahoma City where she concentrated her practice in family r. Martin has law. In 1998, she estab- been practicing lished her solo practice Mlaw since 1979, in which she continues to when he graduated from practice exclusively in the area of family law. Oklahoma City Univer- She was born in Tulsa and attended Oklahoma sity School of Law. dur- State University, where she received her B.A in ing his entire career, he philosophy with honors in 1990. She graduated has focused on criminal from the University of Kansas School of Law in defense and has repre- 1993. She is currently chairperson of the OBA sented clients and tried Family Law Section, which is the 2010 recipient cases throughout Okla- of the Golden Gavel Award for OBA commit- homa and in approxi- tees and sections performing with a high degree mately 16 different states of excellence. She has also served as the OBA in state and federal courts. He has been active- Family Law Section CLE chair (2009), secretary ly involved with and held offices in numerous (2008) and CLE Committee (2007). Ms. Hays organizations. Currently he serves as OBA has been an active member of numerous OBA vice president, Oklahoma County Bar Associ- committees, including the OBA Professional- ation president and vice president and Fellow ism Committee (2009-2011; secretary 2009); of the American Board of Criminal Lawyers. OBA Bench and Bar Committee (2009-2011); He is the former president of the Oklahoma Leadership Academy Task Force Committee Criminal defense Lawyers Association, for- (2007) and OBA Women in Law Committee mer president of the Oklahoma City Federal (2010). She was selected as a participant to the Bar Association and former advisory board inaugural OBA Leadership Academy (2008- member of the Oklahoma Trial Lawyers Asso- 2009). She has also enjoyed her participation in ciation. He is also a life member of the Nation- the Tulsa County Bar Association as a member al Association of Criminal defense Lawyers, of the TCBA Professional Responsibility Com- Fellow of the America College of Trial Law- mittee (2009-2010); TCBA Professionalism yers, master of the William J. Holloway Jr. Committee (2009-2010) and as a Tulsa delegate American Inns of Court and a member of the to the OBA House of Delegates (2009-2011). In American Bar Association. In 2000, he was the addition, she is serving as the TCBA Family recipient of the Oklahoma Criminal defense Law Section chair (2010-2011). She is a member Lawyers Association Lord Erskine Award for of the American Bar Association, ABA Family lifetime achievement in criminal defense, and Law Section, Tulsa County Family Law Sec- in 2006, the recipient of the Criminal Law tion, Tulsa County and Creek County Bar Section’s Professional Advocate Award. Associations and a Fellow of the Oklahoma Bar
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2459 2010 House of Delegates
COUNTY DELEGATE ALTERNATE ADAIR ...... Jeff Jones ...... Judge Jeff Payton Alfalfa ...... Marcus Jungman ...... Kyle Hadwiger Atoka Beaver ...... Todd Trippet...... Jerry L. Venable Beckham ...... Chip Eeds Jr...... Brian Henderson Blaine ...... Daniel G. Webber ...... F. Douglas Shirley Bryan ...... Pat L. Phelps ...... Matt B. Mickle Caddo Canadian ...... A. Gabriel Bass ...... Michael D. Denton Jr. Suzanne Heggy ...... Emily J. Hufnagel W. Mark Hixson Nathan D. Richter Carter ...... Michael C. Mordy ...... Judge Thomas K. Baldwin Judge Thomas S. Walker ...... John S. Veazey Cherokee ...... N. Cheryl Hamby Jerry S. Moore Choctaw ...... J. Frank Wolf III...... Alan M. Perry Cimarron ...... Stanley Ed Manske ...... Ronald L. Kincannon Cleveland ...... Holly R. Iker ...... Judge Michael D. Tupper Michael D. Johnson ...... Blake Virgin Jr. Don Pope ...... R. Blaine Nice Jr. Judge Lori M. Walkley...... Craig Sutter Micheal C. Salem...... James E. Pence Peggy Stockwell ...... Cindee Pichot Gary A. Rife...... David E. Ponder Sandee Coogan ...... John H. Sparks David A. Poarch Jr...... David Swank Dave Stockwell ...... Richard H. Wall Henry N. Herbst...... Roger O. Housley Debra D. Loeffelholz...... Amy Pepper Golda R. Long...... Christal D. Adair Judge Stephen W. Bonner ...... Gregory T. Tontz Richard D. Stevens...... Tyson T. Stanek Janis Grant-Johnson ...... J.D. Loftis Jan Meadows ...... Cheryl Farnsworth Robert L. Pendarvis ...... Jamie J. McGraw Ben Odom...... Rebekah C. Taylor Coal ...... Trae Gray ...... Judge D. Clay Mowdy
2460 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Comanche ...... Nathan M. Johnson ...... Shon T. Erwin Irma J. Newburn ...... David J. Kanehl Mark R. Stoneman ...... Lisa E. Shaw Cotton...... Kathleen Flanagan...... Michael C. Flanagan Craig...... Leonard M. Logan IV ...... Kent Ryals Creek...... Charles D. Watson Jr...... Laura S. Farris Judge Richard A. Woolery ...... J.V. Frazier Custer...... Richard J. Phillips ...... Dennis A. Smith Delaware...... Lee Griffin Eberle ...... Kay Lyn Beauchamp Dewey...... Judge Rick M. Bozarth...... Julie D. Strong Ellis ...... Laurie E. Hays ...... Judge Joe L. Jackson Garfield...... Michael C. Bigheart...... Robert R. Faulk Tim E. DeClerck...... Kaleb K. Hennigh Douglas L. Jackson...... Randy J. Long Garvin...... Daniel T. Sprouse ...... John A. Blake Grady...... Ryland L. Rivas...... Judge Richard VanDyck Grant...... Judge Jack D. Hammontree Jr...... Steven A. Young Greer...... Judge Danny R. Deaver...... Eric G. Yarborough Harmon Harper...... Judge G. Wayne Olmstead...... M. Marcus Holcomb Haskell Hughes ...... Robert L. Irby...... Candice M. Irby Jackson...... John H. Weigel ...... John M. Wampler Jefferson...... Carrie E. Hixon...... Phillip R. Scott Johnston...... Dustin P. Rowe ...... Laura J. Corbin Kay...... Brian T. Hermanson ...... Jacob W. Biby Rick Johnson ...... Michael P. Martin Kingfisher...... E. Edd Pritchett ...... Judge Susie Pritchett Kiowa ...... Thomas W. Talley Latimer LeFlore Lincoln Logan ...... Jeff Hirzel ...... Megan Morgan Love ...... Kenneth L. Delashaw Jr...... Richard A. Cochran Jr. Major ...... Mitchell A. Hallren ...... John W. McCue II Marshall ...... Judge Richard A. Miller ...... Jeffrey S. Landgraf Mayes ...... Randall Elliott ...... Larry J. Paden McClain ...... Sara L. Bonnell...... Suzanne Woodrow Snell McCurtain ...... Judge Michael D. DeBerry ...... Jerry L. McCombs McIntosh ...... C. Brendon Bridges ...... Brecken A. Wagner Murray ...... Phil S. Hurst...... Judge John H. Scaggs Muskogee ...... Doris L. Gruntmeir Roy D. Tucker Betty O. Williams Noble Nowata Okfuskee ...... Jeremy T. Pittman...... Bruce A. Coker Oklahoma ...... Mack K. Martin ...... Judge E. Bay Mitchell III John B. Heatly ...... Kieran D. Maye Jr. Laura H. McConnell-Corbyn...... James R. Webb Judge Timothy D. DeGiusti ...... W. Todd Blasdel Judge Glenn M. Jones ...... Judge Barry L. Hafar James A. Kirk ...... John H. Edwards III Larry M. Spears ...... Angela Ailles Bahm
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2461 Benjamin J. Butts ...... David W. VanMeter David W. Kisner ...... M. Courtney Briggs J. David Ogle ...... Judge Page P. Morgan Michael A. Rubenstein ...... Evan B. Gatewood Charles F. Alden III ...... Brandon P. Long Michael W. Brewer ...... Tim Rhodes Judge Bryan C. Dixon ...... Linda L. Samuel-Jaha Judge Vicki L. Robertson ...... Steven T. Horton Judge Barbara G. Swinton ...... Daniel J. Morgan David B. Donchin ...... Leanne T. Burnett Judy Hamilton Morse ...... Richard L. Rose Judge Lisa K. Hammond ...... Amy S. Fischer Reggie N. Whitten ...... J. Kelly Work G. Calvin Sharpe ...... Celeste T. Johnson Daniel G. Webber Jr...... Collin R. Walke Michael L. Mullins ...... Jeff L. Todd Don G. Holladay ...... Janna Dunagan Hall Judge J. Lynne McGuire ...... Jeffrey E. Tate Nancy S. Parrott ...... Maurice G. Woods II D. Lynn Babb ...... Daniel G. Couch Amy Jo Pierce ...... Lawrence E. Schneiter IV Leslie L. Lynch ...... Cherish K. Ralls Bradley A. Gungoll ...... Dawn M. Rahme Okmulgee...... Javier Ramirez ...... Lou Ann Moudy Osage...... Jesse J. Worten III Ottawa...... Charles W. Chesnut ...... John M. Weedn Pawnee...... Jeff Steven Jones ...... Pat Pickerill Payne ...... Drew M. Ihrig ...... David W. Bryan Brenda Nipp ...... Jill M. Ochs-Tontz Susan C. Worthington ...... Cory T. Williams Pittsburg...... Mindy M. Beare ...... Trevor J. Furlong Ellen C. Quinton ...... Michael D. Parks Pontotoc...... J. Wes Billingsley ...... Preston S. Draper T. Walter Newmaster ...... Ash E. Mayfield Pottawatomie ...... James T. Stuart ...... Matthew L. Thomas Joseph M. Vorndran ...... George J. Wright Pushmataha ...... James T. Branam ...... Jacqueline Jo Perrin Roger Mills ...... Kelly Tice Roberts ...... Judge F. Pat VerSteeg Rogers ...... C. Noah Sears Melinda D. Wantland Seminole...... R. Victor Kennemer III...... William D. Huser Sequoyah...... Kent S. Ghahremani ...... John T. Cripps III Stephens...... Texas...... Douglas D. Dale ...... Cory B. Hicks Tillman...... Clyde H. Amyx II...... John P. Kent Tulsa ...... Robert S. Farris ...... Fred H. Demier Judge Charles R. Hogshead ...... Gale G. Allison Leonard I. Pataki ...... Michael Scott Ashworth Renée DeMoss ...... Kenneth G. Miles William G. LaSorsa ...... Kimberly K. Moore-Waite Paul D. Brunton ...... David M. Thornton Jr. C. Michael Zacharias ...... Amber N. Peckio Garrett Kenneth L. Brune ...... Shelton L. Benedict Bruce A. McKenna ...... Jeremy K. Ward
2462 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Tony W. Haynie ...... William “Bill” Sanders Paul B. Naylor ...... Michael “Mike” Esmond Vivian C. Hale ...... Nathan Harley Mayenschein Jack L. Brown ...... Martha Rupp Carter Catherine M. Cullem ...... Robert B. Sartin Molly A. Aspan ...... John R. Woodard III Patrick D. O’Connor ...... D. Kenyon Williams Jr. D. Faith Orlowski ...... Georgenia A. Van Tuyl James R. Gotwals ...... Judge E. Mark Barcus James C. Milton ...... Martin A. Frey Ron Main Phil Frazier Julie A. Evans John T. Hall Robert P. Redemann Trisha L. Archer Christopher L. Camp Kimberly Hays Melissa F. Cornell Blake R. Givens Judge Millie E. Otey Wagoner...... Judge Douglas A. Kirkley Washington...... Gaylene F. McCallum ...... Remona K. Colson Michael A. Shiflet ...... Linda S. Thomas Washita...... Judge Christopher S. Kelly ...... Skye D. Shephard-Wood Woods ...... Jeremy T. Bays ...... Jesse D. Kline Woodward ...... Bryce L. Hodgden ...... Christopher M. Boring JUDICIAL CONFERENCE DELEGATE ALTERNATE Dist. Judge ...... Judge P. Thomas Thornbrugh ...... Judge M. John Kane IV Assoc. Dist. Judge ...... Judge Mickey J. Hadwiger ...... Judge Mark A. Moore
PAST PRESIDENTS Sidney George Dunagan Jon K. Parsley Bob Warren Rabon J. William Conger Andrew M. Coats Stephen D. Beam Robert Forney Sandlin William Robert Grimm Michael Burrage Michael Devere Evans Anthony M. Massad Harry Arthur Woods Jr. Burck Bailey Melissa Griner DeLacerda David K. Petty Gary Carl Clark James R. Eagleton Charles Donald Neal Jr. Judge Paul Miner Vassar M. Joe Crosthwait Jr. William George Paul Douglas W. Sanders Jr. Clarence D. Northcutt John A. Gaberino Jr. Judge Thomas R. Brett William J. Baker Winfrey David Houston James Duke Logan
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2463 Program of Events Crowne Plaza Hotel, Tulsa u Nov. 17-19, 2010
All events will be held at the Crowne Plaza Hotel unless otherwise specified.
Tuesday, Nov. 16 OBA/CLE Seminar...... 9 a.m. – 5 p.m. See seminar program for speakers and complete agenda OBA Registration...... 4 – 7 p.m. Lobby Lounge Nuts & Bolts Promenade A Criminal Law Promenade B How Good Lawyers Oklahoma Fellows of the Survive Bad Times Promenade C American Bar Foundation...... 7 – 9 p.m. Summit Club Family Law Promenade D 15 W. 6th St. Fastcase Training: Nuts and Bolts...... 110 – 1 a.m. Directors Row 5 ednesday ov W , N . 17 Fastcase is a free member benefit for online legal research. OBA Registration...... 8 a.m. – 5 p.m. Promenade D Foyer OU College of Law Alumni Reception OBA Hospitality...... 8 a.m. – 5 p.m. and Luncheon...... 11:15 a.m. – 1:30 p.m. Lobby Lounge Tulsa Ballroom South Outstanding Senior Law School Student Award Oklahoma Fellows of the American Christa Evans Bar Foundation...... 8:30 – 9:30 a.m. Oklahoma Room Speaker: Joseph Harroz Jr., Dean, OU College of Law, Norman
Board of Bar Examiners...... 8:30 a.m. – Noon Executive Room OCU School of Law Alumni Reception and Luncheon...... Noon – 1:30 p.m. OBA/CLE Seminar Summit Club Registration...... 8:30 – 9 a.m. 15 W. 6th St.
2464 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Outstanding Senior Law School Student Award OBA Military Assistance Daniel Correa Task Force...... 3 – 5 p.m. Speaker: Rebecca Brown, Policy Advocate Diplomat Room Innocence Project, New York City Topic: Leading the Way: OCU Law’s Role Friends of Bill W...... 5 – 6 p.m. in Addressing Wrongful Convictions Directors Row 2 in Oklahoma
Law Day Committee...... 5 – 6:30 p.m. TU College of Law Directors Row 4 Alumni Reception and Luncheon...... Noon – 1:30 p.m. Tulsa Ballroom North President’s Reception...... 7 – 9:30 p.m. Tulsa Ballroom Central Outstanding Senior Law School (Free for everyone with Student Award meeting registration) Philip H. Tinker Speaker: Jamie McDonald, TU Visiting Assistant Celebrate the Annual Meeting Tulsa style with Professor of Law, Former Clerk for President Allen Smallwood. Each attendee U.S. Chief Justice John G. Roberts Jr., receives two drink tickets. Tulsa Topic: The Supreme Court: An Overview from a Past Presidents’ Dinner...... 8 – 10 p.m. Law Clerk’s Perspective Oklahoma Room
Criminal Law Section Luncheon...... Noon – 1:30 p.m. Tulsa Ballroom Central Thursday, Nov. 18 Speaker:
Legal Aid Services Pro Bono Breakfast...... 7:30 – 9 a.m. Oklahoma Room Judge Clancy Smith Oklahoma Court of Criminal Appeals CLE Speaker Breakfast...... 7:30 – 9 a.m. Directors Row 3
American College of Trust and Estate Counsel...... 8 – 9:30 a.m. OBA Board of Governors Executive Room Meeting...... 2 – 4 p.m. Executive Room American College of Trial Lawyers...... 8 – 9:30 a.m. Indian Law Section...... 2 – 4 p.m. Diplomat Room Oklahoma Room Professionalism Fastcase Training: Committee Breakfast...... 8 – 9:30 a.m. Nuts and Bolts...... 3 – 4 p.m. Tulsa Ballroom North Directors Row 5 Fastcase is a free member benefit OBA Registration...... 8 a.m. – 5 p.m. for online legal research. Promenade D Foyer
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2465 OBA Hospitality...... 8 a.m. – 5 p.m. Lobby Lounge
Annual Insurance, Ronald Cotton Tort & Workers’ Mebane, N.C. Compensation Update...... 8:30 a.m. – 5 p.m.
Promenade C (Program offered by the Oklahoma Association for Justice) Topic: Picking Cotton: Our Memoir of Injustice and Redemption Family Law Section...... 8:45 a.m. – 5 p.m. Speaker: Gary D. Wells, Ph.D., Professor of Promenade D Psychology, Iowa State University, Keynote Speaker: Steven N. Peskind, Family Ames, Iowa Lawyer, St. Charles, Ill. Topic: The Science of Eyewitness Identification Topic: Redefining Family Law: Embracing the Panel: Future of the Practice Ms. Thompson-Cannino Mr. Cotton Credentials Committee...... 9 – 9:30 a.m. Mr. Wells Directors Row 1 Micheal Huff, Tulsa Police Department, Homicide Division, Tulsa Legal Intern Committee...... 9 – 10:30 a.m. Douglas E. Drummond, Tulsa County Directors Row 2 First Assistant District Attorney, Tulsa Stephen Kunzweiler, Assistant District Attorney, Tulsa Barbara Smallwood’s Spouses Brunch...... 9 – 10:30 a.m. Topic: Eyewitness Identification in Oklahoma Suite 1506 (All OBA spouses are invited) Estate Planning, Probate and Trust Section...... 10 a.m. – Noon OBA/CLE Plenary Session...... 9 a.m. – Noon Tulsa Central Ballroom Promenade A Speaker: William H. Frazier, ASA, Senior Managing Director/Owner, Howard Earl Sneed Award Justice John F. Reif, Skiatook Frazier Barker Elliott Inc., Dallas Topic: FLP Valuations: Where Are We Now? Speakers:
Jennifer Thompson-Cannino OBA Rules and Salem, N.C. By-Laws Committee...... 10 – 10:30 a.m. Directors Row 1
MCLE Commission...... 10:30 – 11:45 a.m. Directors Row 3
OBA Resolutions Committee...... 10:45 a.m. – 11:45 a.m. Directors Row 1
2466 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 OBA Annual Luncheon Judicial Diversity Forum...... 2 – 4 p.m. For Members, Spouses Tulsa Ballroom Central And Guests ...... Noon – 1:45 p.m. (Program of the OBA Tulsa Ballroom South Diversity Committee) ($30 with meeting registration) Council on Judicial Award of Judicial Excellence Complaints...... 2 – 4 p.m. Judge Bryan C. Dixon, Oklahoma City Directors Row 2 Judge James H. Payne, Muskogee
Liberty Bell Award Bankruptcy and Reorganization Sherri Carrier, Tulsa Section...... 2 – 4 p.m. Joe Stamper Distinguished Service Award Tulsa Ballroom North R. Forney Sandlin, Muskogee Speakers: Alma Wilson Award Judge C. William Stratton, Lawton
Neil E. Bogan Professionalism Award R. Clark Musser, Oklahoma City Richard A. Wieland John E. Shipp Award for Ethics U.S. Trustee Retired Judge Milton Craig, Chandler Region 20
Featuring:
Jim Keeley, Representing the Debtors Michael Wallis Historian, Biographer Layla Dougherty, Representing the & Author Creditors Tulsa Moderator: Paul Thomas, Trial Attorney, U.S. Trustee Topic: Creditor Abuse, Mortgage, Fraud and other National Issues Topic: Lawless Oklahoma: The Epicenter of the Wild West (Approved for 2 hours of CLE credit)
Sponsor: Thomson West Oklahoma Criminal Defense Lawyers Association...... 2 – 4 p.m. Promenade B Michael Wallis Book Signing...... 2 – 3 p.m. Diplomat Room (Books available for purchase) The Incarceration of Women in Oklahoma Seminar...... 2:15 – 3:30 p.m. Fastcase Training: Oklahoma Room Advanced Tips for Fastcase...... 2 – 3 p.m. (Annual Meeting registration Directors Row 5 not required for admission) Fastcase is a free member benefit for online legal research.
Real Property Law Section...... 2 – 3:30 p.m. Promenade A
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2467 Program Moderator: Access to Justice Chief Justice Committee...... 3:45 – 5:15 p.m. James E. Edmondson Directors Row 4 Oklahoma Supreme Court Women in Law Committee...... 4 – 5 p.m. Directors Row 1
Taxation Law Section...... 4:30 – 6 p.m. Featuring: Laura J. Pitman, Ph.D., Director of Diplomat Room Female Offender Operations, Oklahoma Department of Corrections, Oklahoma City Law Office Management and Technology Section...... 4:30 – 6 p.m. Promenade A Oklahoma Bar Foundation Speakers: Jim Calloway, OBA Management Board of Trustees...... 3 – 5 p.m. Assistance Program Director, Executive Room Oklahoma City Jody Nathan, Stauffer & Graves, Board of Editors...... 3 – 5 p.m. Tulsa Directors Row 3 Topic: Technology Tips & Tricks 2010
OBA/CLE: Lives in Balance: Lawyers Friends of Bill W...... 5 – 6 p.m. Helping Lawyers...... 3:45 – 5:15 p.m. Directors Row 2 Oklahoma Room (Annual Meeting registration not required for admission) OBA Leadership Academy Reception...... 5:30 – 6:30 p.m. Program Suite 1506 Moderator: Clif Gooding, The Gooding Law Firm, A PC, Oklahoma City Oklahoma Bar Foundation Fellows Reception...... 6 – 7:30 p.m. Panelists: Tom Riesen, Chair, Lawyers GableGotwals Helping Lawyers Committee; 100 W. 5th St., 11th Floor Law Office of Thomas Riesen, Transportation between the Crowne Plaza and Oklahoma City ONEOK Plaza is provided. Cecil G. Drummond, Boettcher & Drummond Inc., Tulsa David R. Widdoes, City Prosecutor, Energy and Natural Sapulpa Resources Law Section...... 6 – 7:30 p.m. Tom Taylor, Executive Director & Promenade B CEO, Heartline, Oklahoma City Rebecca Williams, LPC, CEAP, CABA Employee Assistance Health Law Section...... 6 – 8 p.m. Services Director, Oklahoma City Promenade C Travis A. Pickens, OBA Ethics Counsel, Oklahoma City Terry O. Tottenham, President, State Young Lawyers Division Bar of Texas; Of Counsel Fulbright Board of Directors & Jaworski LLP, Austin Annual Meeting...... 6:30 – 7 p.m. Executive Room (Approved for 1.5 hours of CLE credit)
2468 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Young Lawyers Division Oklahoma Bar Association Past Chairs’ Reception...... 7 – 8 p.m. General Assembly...... 9 – 10 a.m. Oklahoma Room Promenade D Trailblazer Award Music through the Years Reggie Whitten, Oklahoma City Featuring Jessica Hunt...... 8 – 9 p.m. Outstanding County Bar Association Award Tulsa Ballroom North Muskogee County Bar Association
Hicks Epton Law Day Award Comanche County Bar Association Enjoy the best songs from Golden Gavel Award numerous decades with OBA Family Law Section lawyer and OBA Idol champ Kimberly K. Hays, Chair Jessica Hunt Outstanding Young Lawyer Award Doris L. Gruntmeir, Muskogee Richard L. Rose, Oklahoma City
Outstanding Service to the Public Award (Free for everyone with meeting registration - Richard L. McKnight, Enid complimentary dessert and two drink tickets.) Award for Outstanding Pro Bono Service Ana Basora-Walker, Lawton Casino Night...... 9 p.m. – Midnight James J. Proszek, Tulsa Tulsa Ballroom South Steven W. Soulé, Tulsa (Free for everyone with meeting registration) Maurice Merrill Golden Quill Award Klint A. Cowan, Oklahoma City Prize drawing at end of the event Micheal Salem, Norman
Sponsor: OBA Young Lawyers Division General Assembly Speakers: Chief Justice James E. Edmondson Friday, Nov. 19 Oklahoma Supreme Court President’s Breakfast...... 7:30 – 9 a.m. Promenade A ($20 with meeting registration) Speaker: Michelle Place, Business Manager, Tulsa Historical Society Topic: Art Deco 101
Presiding Judge OBA Registration and Charles Johnson Hospitality...... 8 – 10 a.m. Oklahoma Court Promenade Foyer of Criminal Appeals
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2469 Allen M. Smallwood President Oklahoma Bar Deborah A. Reheard Association President-Elect Presiding
Ballot Committee ...... 11 a.m. – Noon Oklahoma Bar Association Directors Row 1 House of Delegates ...... 10 a.m. – Noon Promenade D Election of Officers & Members of the Board of Governors Approval of Title Examination Standards Resolutions
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2470 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 OBA/CLE Annual Meeting 2010 Crowne Plaza Hotel, Tulsa November 17, 2010 DAY ONE Family Law Criminal Law How Good Lawyers Nuts and Bolts Survive Bad Times
Promenade D Promenade B Promenade C Tulsa Ballroom
WEDNESDAY Program Planner/ Program Planner/ Program Planner/ Program Planner/ Registration Moderator Moderator Moderator Moderator 8 - 9 a.m. Lori Pirraglia Ben Brown Jim Calloway Collin Walke Charles Sifers
Session 1 Client Intake: Immigration & 50 Tips for Administrative Law 9 - 9:50 a.m. Starting Out on the Criminal Law: Tough Times Trials: We Aren’t in Right Foot/Making A Practical Explanation Kansas Anymore Good Client Choices in Light of Jim Calloway Padilla v. Kentucky Gary Payne Jon Ford Joan Lopez Campbell Cooke
Session 2 Temporary Order The Practical & Advance Marketing on a Get Your Ethics! 10 - 10:50 a.m. Hearing: Exhibits Use of the Science of Budget (ethics) Needed and Preparing Eyewitness Identification Your Clients in the Courtroom Mark A. Robertson Gina Hendryx PART I Phil Tucker Professor Gary Wells Ph.D.
Session 3 Finding Expert The Practical & Advance The Thrifty Lawyer Your Solo 11 - 11:50 a.m. Witnesses - Business Use of the Science of Shopping List Valuators and Mental Eyewitness Identification L. Michele Nelson Health Professionals in the Courtroom Jim Calloway PART 2 David Echols Eileen Echols Professor Gary Wells Ph.D.
12-2 p.m. LUNCH (On your own)
Session 4 Dissolution Criminal Law Free, Cheap and Easy Your Job as a 2 -2:50 p.m. Depositions: Taking Motions Practice Technology Tools Criminal Law and Defending Attorney Cindy Danner Jim Calloway Donelle H. Ratheal Jim Drummond Garvin Isaacs Brian Hermanson
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2471 OBA/CLE Annual Meeting 2010
Family Law Criminal Law How Good Lawyers Nuts and Bolts cont’d Survive Bad Times
Session 5 Trial Exhibits and Representing Persons Your Law Firm Bankrupty 3 - 3:50 p.m. Witness: Choosing Charged with Driving Finances Chapter 7: The Ins and Preparation Under the Influence and Outs Ted Blodgett Kimberly Hays Josh D. Lee Jennifer Kirkpatrick Charles Sifers
Session 6 The End/Beginning: Working with Cutting Costs & Coralling Mastering the Art 4 - 4:50 p.m. Drafting the Decree/ the Media Clients without of the Deposition Pre-Nups for Compromising Ethics New Beginnings Moderator (ethics) Ronald Walker Doug Dodd Bill LaSorsa Gina Hendryx Panel Travis Pickens Mike Arnett Jon Epstein Mark Hanebutt Dick Pryor Travis Pickens
4:50 p.m. ADJOURN
November 18, 2010 DAY TWO THURSDAY Topic Program Moderator: Registration Judge Thomas C. Gillert, District Judge, Tulsa 8:30 - 9 a.m. 9 a.m. Picking Cotton: Our Speakers: Memoir of Injustice and Jennifer Thompson-Cannino, Salem, NC Redemption Ronald Cotton, Mebane, NC
9:50 a.m. The Science of Speaker: Eyewitness Identification Gary D. Wells, Ph.D., Professor of Psychology, Iowa State University, Ames
10:40 a.m. Break
10:50-11:50 Eyewitness Identification Panelists: a.m. in Oklahoma Michael Huff, Tulsa Police Department, Homicide Division, Tulsa Douglas E. Drummond, Tulsa County First Assistant District Attorney, Tulsa Stephen Kunzweiler, Assistant District Attorney, Tulsa Jennifer Thompson-Cannino Ronald Cotton Gary Wells, Ph.D.
2472 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 2010 Registration Form Please complete a separate form for each registrant. Name ______E-mail ______Badge Name (if different from roster) ______Bar No. ______Address ______City ______State ______Zip ______Phone ______Name of Non-Attorney Guest ______Please change my OBA roster information to the information above. q Yes q No Check all that apply: q Judiciary q OBF Fellow q OBF Past President q OBA Past President q YLD Officer q YLD Board Member q YLD Past President q Board of Bar Examiner q 2010 OBA Award Winner q Delegate q Alternate q County Bar President: County ______q YES! Register me for the 2010 Annual Meeting, November 17, 18 & 19, in Tulsa. Events will be held at the Crowne Plaza Hotel. Registration fee includes continental breakfast in hospitality area, President’s Recep- tion ticket(s), convention gift, Vendors Expo, Music through the Years and Viva Las Vegas Casino Night. q MEMBER: q $50 through Nov. 3; $75 after Nov. 3...... $ ______q NEW MEMBER (Admitted after Jan. 1, 2010): q Free through Nov. 3; $15 after Nov. 3...... $ ______q LAW STUDENT DIV. q $25 through Nov. 3; $35 after Nov. 3...... $ ______I will be attending/participating in the following ticketed events in addition to my registration fee for Annual Meeting: q WED. & THURS.: CLE Multitrack ( ___ [0 or 1] ticket @ $150 through Nov. 3; $175 after Nov. 3; and Plenary $50 for new members through Nov. 3, $75 after Nov. 3) ...... $ ______q WEDNESDAY: CLE Multitrack only ($125/$150)...... $ ______q THURSDAY: CLE Plenary only ( ___ [0 or 1] ticket @ $75 through Nov. 3; $100 after Nov. 3; $25 for new members through Nov. 3, $50 after Nov. 3)...... $ ______q THURSDAY: Annual Luncheon ( ___ number of tickets @ $30 each)...... $ ______q FRIDAY: President’s Breakfast ( ___ number of tickets @ $20 each)...... $ ______q Please check here, if under the Americans with Disabilities Act you require specific aids or services during your visit to the OBA Annual Meeting. q Audio q Visual q Mobile (Attach a written description of your needs.) I will be attending the following ticketed events that do NOT require Annual Meeting registration: q WEDNESDAY: Law School Luncheon – (check one) q OCU q OU q TU ( ___ number of tickets @ $30 each...... $ ______TOTAL $ ______I will be attending the free event(s) below that do(es) NOT require Annual Meeting registration: q Lives in Balance: Lawyers Helping Lawyers PAYMENT OPTIONS: q Incarceration of Women in Oklahoma q Check enclosed: Payable to Okla. Bar Association THREE WAYS TO REGISTER Credit card: q VISA q Mastercard q Discover q American Express n MAIL this registration form with payment Card #______or credit card info to: OBA Annual Meeting Credit Card CVV/CVC # (on back of card)______P.O. Box 53036 Okla. City, OK 73152 Exp. Date______n FAX this registration form with credit card Authorized Signature information to: (405) 416-7092. ______n ONLINE at www.okbar.org HOTEL ACCOMMODATIONS: n CANCELLATION POLICY Full refunds Fees do not include hotel accommodations. For reservations contact: Crowne Plaza will be given through Nov. 10. No Tulsa Hotel at (800) 227-6963. Call by Oct. 26 and mention hotel code: Oklahoma refunds will be issued after that date. Bar Association 2010 Convention for a special room rate of $105 per night. For hos- pitality suites, contact Craig Combs at (405) 416-7040 or e-mail: [email protected].
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2473 2011 OBA Board of Governors Vacancies
Nominating Petition Deadline was 5 p.m. Friday, Sept. 17, 2010 OFFICERS Summary of Nominations Rules Not less than 60 days prior to the Annual Meeting, President-Elect Current: Deborah Reheard, Eufaula 25 or more voting members of the OBA within the Ms. Reheard automatically becomes OBA Supreme Court Judicial District from which the president Jan. 1, 2011 member of the Board of Governors is to be elected (One-year term: 2011) that year, shall file with the Executive Director, a Nominee: Cathy Christensen, Oklahoma City signed petition (which may be in parts) nominating a candidate for the office of member of the Board of Vice President Governors for and from such Judicial District, or Current: Mack K. Martin, Oklahoma City one or more County Bar Associations within the (One-year term: 2011) Judicial District may file a nominating resolution Nominee: Reta M. Strubhar, Piedmont nominating such a candidate. Not less than 60 days prior to the Annual BOARD OF GOVERNORS Meeting, 50 or more voting members of the OBA Supreme Court Judicial District Two from any or all Judicial Districts shall file with the Current: Jerry L. McCombs, Idabel Executive Director, a signed petition nominating a Atoka, Bryan, Choctaw, Haskell, Johnston, candidate to the office of Member-At-Large on Latimer, LeFlore, McCurtain, McIntosh, Marshall, the Board of Governors, or three or more County Pittsburg, Pushmataha and Sequoyah Counties Bars may file appropriate resolutions nominating a (Three-year term: 2011-2013) candidate for this office. Nominee: Gerald C. Dennis, Antlers Not less than 60 days before the opening of the Annual Meeting, 50 or more voting members of Supreme Court Judicial District Eight the Association may file with the Executive Direc- Current: Jim T. Stuart, Shawnee tor a signed petition nominating a candidate for Coal, Hughes, Lincoln, Logan, Noble, the office of President-Elect or Vice President or Okfuskee, Payne, Pontotoc, Pottawatomie three or more County Bar Associations may file and Seminole Counties appropriate resolutions nominating a candidate (Three-year term: 2011-2013) for the office. Nominee: Scott Pappas, Stillwater Nominee: Gregg W. Luther, Shawnee If no one has filed for one of the vacancies, nominations to any of the above offices shall be Supreme Court Judicial District Nine received from the House of Delegates on a peti- Current: W. Mark Hixson, Yukon tion signed by not less than 30 delegates certified Caddo, Canadian, Comanche, Cotton, Greer, to and in attendance at the session at which the Harmon, Jackson, Kiowa and Tillman Counties election is held. (Three-year term: 2011-2013) See Article II and Article III of OBA Bylaws for Nominee: O. Christopher Meyers, Lawton complete information regarding offices, positions, Member-At-Large nominations and election procedure. Current: Jack L. Brown, Tulsa Vacant positions will be filled at the OBA Annual (Three-year term: 2011-2013) Meeting Nov. 17-19. Terms of the present OBA Nominee: Renée DeMoss, Tulsa officers and governors listed will terminate Dec. Nominee: Kimberly K. Hays, Tulsa 31, 2010. Nomination and resolution forms can be Nominee: Mack K. Martin, Oklahoma City found at www.okbar.org.
2474 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Title Examination Standards 2010 Report Of The Title Examination Standards Committee Of The Real Property Law Section
Proposed Amendments to Title Standards for B. The individual grantor’s spouse, identi- 2010, to be presented for approval by the House of fied as such in the body of the instrument, Delegates at the Oklahoma Bar Association Annual subscribes the instrument as a grantor; or Meeting, Nov. 19, 2010. Additions are underlined, C. The grantee is the spouse of the individual deletions are indicated by strikeout. grantor and that fact is recited by the grantor in The Title Examination Standards Sub-Com- the body of the instrument. mittee of the Real Property Law Section pro- Comments: poses the following revisions and additions to 1. There is no question that an instrument the Title Standards for action by the Real Prop- relating to the homestead is void unless erty Law Section at its annual meeting in Tulsa husband and wife subscribe it. Grenard v. on Thursday, Nov. 18, 2010. McMahan, 1968 OK 75, 441 P.2d 950 (Okla. 1968), Atkinson v. Barr, 1967 OK 103, 428 P. Proposals approved by the section will be 2d 316, but also see Hill v. Discover Bank, presented to the House of delegates at the 2008 OK CIV APP 111, 213 P.3d 835. It is OBA Annual Meeting on Friday, Nov. 19, 2010. also settled that husband and wife must Proposals adopted by the House of Delegates execute the same instrument, as separately become effective immediately. executed instruments will be void. Thomas v. James, 1921 OK 414, 84 Okla. 91, 202 P. An explanatory note precedes each proposed 499 (1921). It is essential to make the dis- Title Standard, indicating the nature and rea- tinction between a valid conveyance and a son for the change proposed. conveyance vesting marketable title when Proposal 1. consulting this standard. 2. The committee recommends a change to the first 2. While 16 O.S. §13 states that “The husband or wife may convey, mortgage or make comment of Title Standard 7.2 to more accurately any contract relating to any real estate, reflect that the legal authority on which the stan- other than the homestead, belonging to dard is based. him or her, as the case may be, without Standard 7.2 MARITAL INTERESTS AND being joined by the other in such convey- MARKETABLE TITLE ance, mortgage or contract,” joinder by husband and wife must be required in all Except as otherwise provided in Standard cases due to the impossibility of ascertain- 7.1, no deed, mortgage or other conveyance by ing from the record whether the property an individual grantor shall be approved as suf- was or was not homestead or whether the ficient to vest marketable title in the grantee transaction is one of those specifically per- unless: mitted by statute. See 16 O.S. §§4 and 6 and Okla. Const. Art. xII, §2. A well-settled A. The body of the instrument contains the point is that one may not rely upon recita- grantor’s recitation to the effect that the indi- tions, either in the instrument or in a sepa- vidual grantor is unmarried; or rate affidavit, to the effect that property
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2475 was not the homestead. Such a recitation 2. by recording an affidavit from a person by the grantor may be strong evidence other than those listed in 58 O.S. §912C when the issue is litigated, but it cannot be which: relied upon for the purpose of establishing a. has a certified copy of the decedent’s marketability. Hensley v. Fletcher, 172 Okla. death certificate attached; 19, 44 P.2d 63 (1935). b. reflects that the affiant has personal 3. If an individual grantor is unmarried and knowledge of the matters set forth therein; the grantor’s marital status is inadvertent- ly omitted from an instrument, or if two c. includes a legal description of the property; grantors are married to each other and the d. states that the person named in the death grantor’s marital status is inadvertently certificate is one and the same person as omitted from an instrument, a title exam- the deceased joint tenant or life tenant iner may rely on an affidavit executed and named in a previously recorded instru- recorded pursuant to 16 O.S. §82 which ment which created or purported to create recites that the individual grantor was the joint tenancy or life tenancy in such unmarried or that the two grantors were property, and identifying such instrument married to each other at the date of such by book and page where recorded. conveyance. C. A waiver or release of the Oklahoma estate 4. A non-owner spouse may join in a convey- tax lien for the joint tenant or life tenant must ance as part of a special phrase placed after be obtained unless: the habendum clause, yet be omitted from 1. A district court has ruled pursuant to 58 O.S. the grantor line of a deed, and still be con- §282.1 that there is no estate tax liability, sidered a grantor to satisfy paragraph B. of 2. The joint tenant or life tenant has been this title standard. Melton v. Sneed, 188 dead more than 10 years, or Okla. 388, 109 P.2d 509 (1940). 3. The sole surviving joint tenant or remain- Proposal 2. der interest holder is the surviving spouse The committee recommends amendment to Stan- of the deceased joint tenant or sole life ten- dard 8.1 and 15.4 to reflect the effect of the repeal in ant., or the Oklahoma Estate Tax. 4. The date of death of the joint tenant or life STANDARD 8.1 TERMINATION OF JOINT tenant is on or after Jan. 1, 2010. TENANCY ESTATES AND LIFE ESTATES Authority: 16 O.S. §§53 A (10); 82-84; 58 O.S. A. The termination of the interest of a §§23, 133, 282.1, 911 and 912; 60 O.S. §§36.1 and deceased joint tenant or life tenant may be 74, and 68 O.S. §§811 and 815. established on a conclusive basis by one of the Comment: Title 58 O.S. §912 is a procedural following methods: statute, and may be applied retroactively 1. By proceeding in the district court as pro- because it does not affect substantive rights; vided in 58 O.S. §911, See Opin. Atty. gen. 74-271 (Feb. 10, 1975), Texas County Irr. & Water v. Okla. Water, 803 P.2d 2. By a valid judicial finding of the death of 1119 (Okla. 1990), and Shelby-Downard Asphalt the joint tenant in any action brought in a Co., v. Enyart, 67 Okla. 237, 170 P. 708 (1918). court of record, or The death of a joint tenant or a life tenant may 3. By filing documents that satisfy 58 O.S. be conclusively established under §912 regard- §912C. less of the date of death and regardless of the date of filing of the affidavit. B. The termination of the interest of a deceased joint tenant or life tenant may be established on A retained life estate [e.g., Mom conveys a prima facie basis by one of the following Blackacre to Son, reserving a life estate to her- methods: self] is included in the life tenant’s taxable estate at death, 68 O.S. §807 (A) (3). However, a 1. By recording certified copies of letters tes- non-retained pure life estate, unaccompanied tamentary or letters of administration for by a general power of appointment, is not sub- the estate of the deceased joint tenant or ject to Oklahoma estate tax, and an estate tax life tenant or lien release is not required in such instance. For
2476 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 example, if Mom conveys Blackacre for life to D. more than ten (10) years have elapsed Son, remainder over to granddaughter, Son since the date of the death of the non-joining has a pure life estate which is not included in settlor(s), or since the date of the conveyance his gross estate at his death and is not taxable from the trustee(s), and no estate tax lien nor subject to the estate tax lien. An estate tax against the estate of the non-joining settlor(s) lien release is not required in such a case. But if appears of record in the county where the Mom were to have given Son not only the life property is located. or estate but also a general power of appointment E. the date of death of the non-joining [as specially defined at 68 O.S. §807 (A) (9)] settlor(s) is on or after Jan. 1, 2010. over the remainder, such a life estate with a power would be included in Son’s taxable estate, Proposal 3. and a lien release would be required. The committee recommends a change in Title The marketability of title may also be Standards 12.3 and 12.5 to reflect that the stan- impaired by the lien of Federal estate tax. See dards apply to all legal entities. Title Standard No. 25.2. 12.3 CONCLUSIVE PRESUMPTIONS STANDARD 15.4 ESTATE TAX CONCERNS CONCERNING CORPORATE OF REVOCABLE TRUSTS. INSTRUMENTS RECORDED FOR MORE THAN FIVE YEARS Where title to real property is vested in the name of a revocable trust, or in the name of The following defects my be disregarded a trustee(s) of a revocable trust, and a sub- after an instrument from a corporation legal sequent conveyance of such real property entity has been recorded for five years: is made by a trustee(s) of a revocable trust, A. the instrument has not been signed by a who is other than the settlor(s) of such proper officer of the corporation the proper revocable trust, a copy of the order of the representative of the legal entity, Oklahoma Tax Commission releasing or B. The representative is not authorized to exempting the estate of the non-joining execute the instrument on behalf of the legal settlor(s) from the lien of the Oklahoma entity, estate tax, and a closing letter from the Internal Revenue Service, if the estate is of B.C. the instrument is not acknowledged, sufficient size to warrant the filing of a Fed- and eral estate tax return, should be filed of C.D. any defect in the execution, acknowl- record in the office of the county clerk edgment, recording or certificate of recording where such real property is located unless the same. evidence, such as an affidavit by a cur- Authority: 16 O.S. §§1 & 27a. rently serving trustee of the revocable trust is provided to the title examiner to indicate 12.5 CORPORATE POWERS OF ATTORNEY that one of the following conditions exists: BY LEGAL ENTITIES A. the non-joining settlor(s) was alive at the A. If a recorded instrument has been execut- time of the conveyance; or ed by an attorney in fact on behalf of a corpora- tion, legal entity, the examiner should accept B. the settlors were husband and wife and: the instrument if: 1. one settlor is deceased, and 1. the power of attorney authorizing the 2. the sole surviving settlor is the surviving attorney in fact to act on behalf of the cor- spouse of the deceased settlor, and poration legal entity is executed in the same manner as a corporate conveyance 3. the assets of the trust, pursuant to the by a legal entity, terms of the trust, pass to the benefit of the surviving settlor spouse, upon the 2. the power of attorney is recorded in the death of the deceased settlor spouse; or office of the county clerk, C. the sole settlor is deceased and the assets 3. the power of attorney shows that the attor- of the trust, pursuant to the terms of the trust, ney in fact had the authority to execute the pass to the benefit of the surviving spouse of recorded instrument, and the deceased settlor, upon the death of the set- 4. the power of attorney was executed before tlor; or the recorded instrument was executed.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2477 B. Notwithstanding paragraph A above, if a Comment: The examiner should be recorded instrument has been executed by an aware that the grantor’s interest may be attorney in fact on behalf of a corporation, legal subject to the homestead rights of a surviv- entity, the examiner should accept the instru- ing spouse pursuant to Article 12, Section 2 ment if the instrument has been of record for at of the Oklahoma Constitution. The exam- least five (5) years even though a power of iner should be provided with satisfactory attorney has not been recorded in the office of evidence which must be recorded, such as the county clerk of the county in which the an affidavit as to marital status or death property is located. certificate of the grantor showing no sur- Authority: 16 O.S. §§1, 3, 20, 27a, 53, 93. viving spouse. If the evidence provided to the examiner reveals that the grantor had a Proposal 4. spouse at the time of death, the examiner The committee recommends amendments to the should require a quit claim deed from the comments to Title Standard 17.4 to reflect unan- surviving spouse, showing marital status swered issues created by the statute and the repeal and joined by spouse, if any. of the Oklahoma Estate Tax. Comment: The examiner should be 17.4 TRANSFER-ON-DEATH DEEDS aware that an ambiguity will arise in 58 A deed appearing of record executed in O.S. §1254 (B) if the grantor records more accordance with the “Nontestamentary Trans- than one transfer-on-death deed (“TOD fer of Property Act” should be accepted as a deed”) conveying fractional interests, conveyance of the grantor’s interest in the real unless the owner/grantor has expressed an property described in such deed effective upon intent in the subsequent deed or deeds not the death of the grantor, provided that an affi- to revoke the previous deed or deeds. For davit evidencing the death of such grantor has instance, if X owns Greenacre and conveys been recorded, as specified in the act, and no 50% to A by TOD deed, and later X conveys evidence appears of record by which: 50% to B by a TOD deed, the conveyance to B would create uncertainty as to whether A A. the conveyance represented by such deed and B each had 50%, for a total of 100%, or has otherwise been revoked, disclaimed* only B had 50% with the remaining 50% or has lapsed pursuant to the provisions being vested in the grantor’s estate. of the act, or Comment: In instances in which the TOD B. the designation of the grantee beneficiary deed lists multiple grantee/ beneficiaries as or grantee beneficiaries in such deed has joint tenants, the death of one or more of been changed via a subsequent transfer- such grantees prior to the death of the on-death deed pursuant to the provisions grantor in the deed precludes the creation of of the act. the estate of joint tenancy for the surviving Authority: 58 O.S. §1251, et seq. grantees under the precepts of the requisite *The examiner should be aware of the unities for a joint tenancy estate. A question fact that a disclaimer under the provisions remains as to whether the interest of the of the act may be executed within a period grantor vests, via the TOD deed, in the sur- of time ending nine (9) months after the viving grantees as tenants-in-common or death of the owner/grantor. fails to vest in such grantees due to the fact the estate of joint tenancy was not created in Comment: Pursuant to the provisions of such surviving grantees at the time of death the act, releases for Oklahoma estate taxes of the grantor. and, if applicable, federal estate taxes for the deceased grantor, together with a death Comment: Commencing Nov. 1, 2010, certificate, shall be attached to the affidavit pursuant to 58 O.S. §1252 (C), the grantee/ evidencing the death of the grantor, except beneficiary, in order to accept the real estate no tax releases or death certificate are pursuant to a TOD deed, shall record an required in instances in which the grantor affidavit with the County Clerk unless and grantee were husband and wife. No such grantee/beneficiary has recorded a Oklahoma estate tax release is required for timely executed disclaimer. It is an unset- the estate of a grantor who died on or after tled point of law as to whether or not the Jan. 1, 2010. requirement for an acceptance applies ret-
2478 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 roactively to TOD deeds recorded prior to Decrees of a court in a county other than Nov. 1, 2010. where the land lies do not constitute a root of title until recorded in the county in which the Proposal 5. land lies. The committee recommends the comments of Title For a definition of “root of title” see Market- Standards 30.3, 30.4, 30.5, 30.6, 30.7, 30.8, 30.9 able Record Title Act, 16 O.S. §78(e). and 30.10 be amended to make the current effect of the Marketable Record Title Act more apparent to 30.4 MATTERS PURPORTING TO DIVEST examiners. Matters “purporting to divest” within the 30.3 UNBROKEN CHAIN OF TITLE meaning of the Marketable Record Title Act are OF RECORD those matters appearing of record which, if taken at face value, warrant the inference that “An unbroken chain of title of record,” with- the interest has been divested. in the meaning of the Marketable Record Title Authority: 16 O.S. §72(d); L. Simes & C. Tay- Act, may consist of 1) A single conveyance or lor, Model Title Standards, Standard 4.4, at 26- other title transaction which purports to create 27 (1960). an interest and which has been a matter of pub- lic record for at least thirty (30) years; or 2) A Similar Standard: Mich., 1.4. connected series of conveyances or other title Comment: The obvious case of a recorded transactions of public record in which the root instrument purporting to divest is a convey- of title has been a matter of public record for at ance to another person. A is the grantee in a least thirty (30) years. deed recorded in 19151965. The record shows a Authority: 16 O.S. §71(a) & (b); L. Simes & C. conveyance of the same tract by A to B in Taylor, Model Title Standards, Standard 4.3, at 19251975. Then B deeds to x in 19572007. 25 (1960). Although B had a 30-year record chain of title in 19451995, the deed to X purports to divest it, Similar Standard: Mich., 1.3. and B, thereafter, does not have a title. Comment: Assume A is the grantee in a deed A recorded instrument may also purport to recorded in 19151975 and that nothing affect- divest even though there is not a complete ing the described land has been recorded since chain of record title connecting the grantee in then. In 19452005 A has an “unbroken chain of the divesting instrument with the 30-year title of record.” Instead of a conveyance, the chain. Suppose A is the last grantee in a record- title transaction may be a decree of a district ed chain of title, the last deed of which was court or court of general jurisdiction, which recorded in 19151975. A deed of the same land was entered in the court records in 19151975. was recorded in 19251985, from X to Y, which Likewise, in 19452005, A has an “unbroken recites that A died intestate in 19211981 and chain of title of record.” that X is A’s only heir. There is nothing else on record indicating that x is A’s heir. The deed Instead of having only a single link, A’s chain recorded in 19251985 is one “purporting to of title may contain two or more links. Thus, divest” within the terms of the act. This is the suppose X is the grantee in a deed recorded in conclusion to be reached whether the recital of 19151975; and X conveyed to Y by deed record- heirship is true or not. ed in 19251985; y conveyed to A by deed Or suppose, again, that A is the last grantee recorded in 19402000. In 19452005 A has an in a chain of title, the last deed of which was “unbroken chain of title of record.” Any or all recorded in 19151965. A deed to the same land of these links may consist of decrees of a dis- from X to Y was recorded in 19251975, which trict court or court of general jurisdiction contains the following recital: “being the same instead of deeds of conveyance. land heretofore conveyed to me by A.” There is The significant time from which the 30-year no instrument on record from A to x. This record title begins is not the delivery of the instrument is nevertheless one “purporting to instrument, but the date of its recording. Sup- divest” within the terms of the act. pose the deed to A is delivered in 19151975 but Suppose that in 19151975, A was the last recorded in 19251985. A will not have an grantee in a recorded chain of title, the deed to “unbroken chain of title of record” until A being recorded in that year. A deed of the 19552015. same land was recorded in 19251985, signed:
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2479 “A by B, attorney-in-fact.” Even though there is Comment: This standard is explainable by no power of attorney on record, and even the following illustrations: though the recital is untrue, the instrument is 1. In 19151975, a deed was recorded convey- one “purporting to divest” within the terms of ing land from A, the owner in fee simple abso- the act. lute, to “B and B’s heirs so long as the land is Suppose that A is the last grantee in a record- used for residence purposes,” thus creating a ed chain of title, the last deed of which was determinable fee in B and reserving a possibil- recorded in 19151935. In 19551975 there was ity of reverter in A. In 19251985, a deed was recorded a deed to Y from X, a stranger to the recorded from B to C and C’s heirs “so long as title, which recited that X and X’s predecessors the land is used for residence purposes, this have been “in continuous, open, notorious and conveyance being subject to a possibility of adverse possession of said land as against all reverter in A.” In 19452005, C has a marketable the world for the preceding thirty years.” This record title to a determinable fee which is sub- is an instrument “purporting to divest” A of ject to A’s possibility of reverter. A’s interest, within the terms of the act. 2. Suppose, however, that, in 19151975, a On the other hand, an inconsistent deed on deed was recorded conveying a certain tract of record, is not one “purporting to divest” within land from A, the owner in fee simple absolute, the terms of the act, if nothing on the record pur- to “B and B’s heirs so long as the land is used ports to connect it with the 30-year chain of title. for residence purposes”; and suppose, also, The following fact situations illustrate this. that in 19181978 a deed was recorded by B to C and C’s heirs, conveying the same tract in fee A is the last grantee in a recorded chain of simple absolute, in which no mention was title, the last deed of which was recorded in made of any special limitation or of A’s possi- 19151965. A warranty deed of the same land bility of reverter. There being no other instru- from X to Y was recorded in 19251975. The lat- ments of record in 19482008, C has a market- ter deed is not one “purporting to divest” able record title in fee simple absolute. C’s root within the terms of the act. of title is the deed from B to C and not the deed A is the last grantee in a recorded chain of from A to B; and there are no interests in third title, the last deed of which was recorded in parties or defects created by the “muniments of 19151965. A mortgage from X to Y of the same which such chain of record title is formed.” land, containing covenants of warranty, is A general reference to interests prior to the recorded in 19251975. The mortgage is not an root of title is not sufficient unless specific instrument “purporting to divest” within the identification is made to a recorded title trans- terms of the act. action, 16 O.S. §72(a). Although the recorded instruments in the 30.6 FILING OF NOTICE last two illustrations are not instruments “pur- porting to divest” the 30-year title, they are not A marketable record title is subject to any necessarily nullities. The marketable record interest preserved by filing a notice of claim in title can be subject to interests, if any, arising accordance with the terms of Sections 74 and from such instruments, 16 O.S. §72(d). 75 of the Marketable Record Title Act. 30.5 INTERESTS OR DEFECTS IN THE Authority: 16 O.S. §§74 & 75; L. Simes & C. THIRTY-YEAR CHAIN Taylor, Model Title Standards, Standard 4.7 at 29-30 (1960). If the recorded title transaction which consti- tutes the root of title, or any subsequent instru- Comment: Suppose A was the grantee in a ment in the chain of record title required for a chain of record title of a tract of land, a deed to marketable record title under the terms of the which was recorded in 19001960. In 19021962, act, creates interests in third parties or creates a mortgage of the same land from A to X was defects in the record chain of title, then the recorded. In 19061966, a mortgage of the same marketable record title is subject to such inter- land from A to Y was recorded. In 19181978, a ests and defects. deed of the same land from A to B in fee simple absolute was recorded, which made no men- Authority: 16 O.S. §72(a) & (d); L. Simes & C. tion of the mortgages. In 19472007, Y recorded Taylor, Model Title Standards, Standard 4.6, at a notice of Y’s mortgage, as provided in Sec- 28-29 (1960). tions 74 and 75 of the act. X did not record any Similar Standard: Mich., 1.8. notice. In 19482008, B had a marketable record
2480 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 title, which is subject to Y’s mortgage, but not Under 16 O.S. §74(b), possession cannot be to X’s mortgage. B’s root of title is the 19181978 “tacked” to eliminate the necessity of record- deed. Therefore, X and Y had until 19482008 to ing a notice of claim. record a notice for the purpose of preserving 30.8 EFFECT OF ADVERSE POSSESSION their interests. If x had filed a notice after 19482008, it would have been a nullity, since A marketable record title is subject to any X’s interest was already extinguished. title by adverse possession which accrues at any time subsequent to the effective date of the The filing of a notice may be a nullity not root of title, but not to any title by adverse pos- only because it comes too late, but also because session which accrued prior to the effective it concerns a subject matter not within the date of the root of title. scope of the statute. Thus, recorded notices of real estate commissions claimed or other charg- Authority: 16 O.S. §§72(c) & 73; L. Simes & C. es which do not constitute liens on the property Taylor, Model Title Standards, Standard 4.9, at have no effect under the act, 16 O.S. §72(b). 31 (1960). 30.7 THIRTY-YEAR POSSESSION IN LIEU Comment: (Assume the period for title by OF FILING NOTICE adverse possession is 15 years.) 1. A is the grantee of a tract of land in a deed If an owner of a possessory interest in land which was recorded in 19001950. In the same under a recorded title transaction 1) has been year, x entered into possession claiming in possession of such land for a period of thirty adversely to all the world and continued such (30) years or more after the recording of such adverse possession until 19161966. In 19171967, instrument, and 2) such owner is still in posses- a deed conveying the same land from A to B sion of the land, any Marketable Record Title, was recorded. No other instruments concern- based upon an independent chain of title, is ing the land appearing of record, B has a mar- subject to the title of such possessory owner, ketable record title in 19471997, which extin- even though such possessory owner has failed guished X’s title by adverse possession acquired to record any notice of such possessory own- in 19151965. er’s claim. 2. Suppose A is the grantee of a tract of land Authority: 16 O.S. §§72(d) & 74(b); L. Simes in a deed which was recorded in 19151965. In & C. Taylor, Model Title Standards, Standard 19411991, X entered into possession claiming 4.8, at 30-31 (1960). adversely to all the world and continued such Comment: The kind of situation which gives adverse possession until the present time. No rise to this standard is suggested by the follow- other instruments concerning the land appear- ing illustration. A was the last grantee in a ing of record. In 19451995, A had a marketable chain of record title to a tract of land, by a deed record title, but it was subject to X’s adverse recorded in 19151975. There were no subse- possession and when x’s period for title by quent instruments of record in this chain of adverse possession was completed in 19562006, title. A has been in possession of the land since A’s title was subject to x’s title by adverse 19151975 and continues in possession, but has possession. never filed any notice as provided in Section 74 30.9 EFFECT OF RECORDING TITLE of the Marketable Record Title Act. A deed of TRANSACTION DURING THE THIRTY the same land, unconnected with A’s chain of YEAR PERIOD title, from X to Y, was recorded in 19161976; no The recording of a title transaction subse- other instruments with respect to this land quent to the effective date of the root of title appearing of title. On the other hand, A had a has the same effect in preserving any interest marketable record title in 19452005, but in conveyed as the filing of the notice provided 19462006, according to Section 72(d), it is sub- for in Section 74 of the act. ject to y’s marketable record title. Thus, the relative rights of A and of y are determined Authority: 16 O.S. §72(d); L. Simes & C. Tay- independently of the act, since the interest of lor, Model Title Standards, Standard 4.10, at each is subject to the other’s deed. A’s interest 32-33 (1960). being prior in time, and Y’s deed being merely Comment: This standard is operative both a “wild deed,” under common law principles where there are claims under a single chain of A’s title should prevail. title and where there are two or more indepen-
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2481 dent chains of title. The following illustrations 5. Suppose, however, that the facts were the show how it operates. same except that B conveyed to C in 19371997 1. Suppose A is the grantee of a tract of land instead of 19271987. In that case, Z’s market- in a deed which was recorded in 19001960. A able record title extinguished B’s title in mortgage of this land executed by A to X was 19351995, 30 years after the effective date of Z’s recorded in 19051965. In 19101970, a deed con- root of title, and B’s title is not revived by the veying the land from A to B was recorded, this conveyance in 19371997. deed making no reference to the mortgage to X. 30.10 QUITCLAIM DEED OR In 19391999, an instrument assigning X’s mort- TESTAMENTARY RESIDUARY gage to Y was recorded. In 19402000, B had a CLAUSE IN THIRTY-YEAR CHAIN marketable record title. But it was subject to the A recorded quitclaim deed or residuary mortgage held by Y because the assignment of clause in a probated will can be a root of title or the mortgage was recorded less than 30 years a link in a chain of title, for purposes of a 30- after the effective date of B’s root of title. If, year record title under the Marketable Record however, y had recorded the assignment in Title Act. 19412001 the mortgage would already have been extinguished in 19402000 by B’s market- Authority: 16 O.S. §§71 & 78(e) & (f); L. Simes able title; and recording the assignment in & C. Taylor, Model Title Standards, Standard 19412001 would not revive it. 4.11, at 33-34 (1960). 2. Suppose a tract of land was conveyed to A, Related Standards: Mich., 1.3; Neb., 52. B and C as tenants in common, the deed being Comment: The Marketable Record Title Act recorded in 19001960. Then in 19051965, A and defines “root of title” as a title transaction B conveyed the entire tract in fee simple to D “purporting to create the interest claimed.” See and the deed was at once recorded. In 19251985, section 78(e). “Title transaction” is defined to D conveyed to E in fee simple, and the deed include a variety of transactions, among which was at once recorded. No mention of C’s inter- are title by quitclaim deed, by will and by est was made in either the 19051965 or 19251985 descent. See Section 78(f). deeds. Nothing further appearing of record, E had a marketable record title to the entire tract A quitclaim deed can be a root of title to the in 19351995. This extinguished C’s undivided interest it purports to create. Suppose there is a one-third interest. break in the chain of title, and the first instru- ment after the break is a quitclaim deed. 3. Suppose the same facts, but assume also Assume that the first recorded instrument in that, in 19361996, C conveyed C’s one-third the chain of title is a patent from the United interest to x in fee simple, the deed being at States to A, recorded in 1890, and that the next once recorded. This does not help C any. C’s is a warranty deed from A to B in fee simple, interest, having been extinguished in 19351995, recorded in 19101940. Then, in 19151975, there is not revived by this conveyance. is a quitclaim deed from C to D purporting to 4. Suppose A, being the grantee in a regular convey “the above described land” to D in fee chain of record title, conveyed to B in fee sim- simple. Further assume that there are no other ple in 19001960, the deed being at once record- recorded title transactions or notices after this ed. Then, in 19051965, X, a stranger to the title, deed and that D is in possession, claiming to be conveyed to Y in fee simple, and the deed was the owner in fee simple. Under the Marketable at once recorded. In 19251985, Y conveyed to Z Record Title Act, the 19151975 deed is the root in fee simple, and the deed was at once record- of title and purports to create a fee simple in D. ed. Then suppose in 19271987 B conveyed to C Therefore, in 19452005, D has a good title in fee in fee simple, the deed being at once recorded. simple. In 19351995, Z and C each has a marketable Clearly the quitclaim deed can be a link in a record title, but each is subject to the other. chain of record title under the provisions of the Hence, neither extinguishes the other, and the act. See sections 71 and 78(f). If it can be an relative rights of the parties are determined effective link, it must necessarily follow that it independently of the act. C’s title, therefore, can be an effective “root” to the interest it pur- should prevail. ports to create.
2482 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Volunteers Critical to OBA Success understand that life is hectic, and you’re busy making a living at practicing law. I’m a small town lawyer; I know the challenges of making time for volunteer work. But your association needs you. I It’s important that we have new people every year take an interest in the many areas in which we try to make a difference. Look at the list below, there’s got to be one that’s worth your time. Most meetings utilize videoconference, so if you are located near Tulsa, you are spared the travel time with a connection to the bar center in Oklahoma City. I’ve got some exciting plans for next year — so I hope I can count on you to get involved. The easiest way to sign up is online at www.okbar.org. Other sign-up options are to complete this form and either fax or mail it to the OBA. I need to hear from you by Dec. 1, 2010, so I can begin committee appointments for 2011.
Deborah Reheard, President-Elect –––––––––––––––––––––––––––––––– Standing Committees –––––––––––––––––––––––––––––––– • Access to Justice • Group Insurance • Paralegal • Awards • Law Day • Professionalism • Bar Association Technology • Law-related Education • Rules of Professional • Bar Center Facilities • Law Schools Conduct • Bench and Bar • Lawyers Helping Lawyers • Solo and Small Firm • Civil Procedure Assistance Program Conference Planning • Communications • Lawyers with Physical • Strategic Planning • Disaster Response Challenges • Uniform Laws and Relief • Legal Intern • Women in Law • Diversity • Legislative Monitoring • Work/Life Balance • Evidence Code • Member Services
Note: No need to sign up again if your current term has not expired. Check www.okbar.org/members/committees/ for terms
Please Type or Print Name ______Telephone ______Address ______OBA # ______City ______State/Zip______FAX ______E-mail ______
Committee Name Have you ever served If so, when? 1st Choice ______on this committee? How long? q q ______2nd Choice ______Yes No q Yes q No ______3rd Choice ______q Yes q No ______q Please assign me to only one committee. q I am willing to serve on (two or three - circle one) committees. Besides committee work, I am interested in the following area(s): ______Mail: Deborah Reheard, c/o OBA, P.O. Box 53036, Oklahoma City, OK 73152 Fax: (405) 416-7001
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2483 Stunning color photography by nationally recognized photographer David Fitzgerald and insightful narrative by author Kent Frates, bare open the exciting past of each of Oklahoma’s 77 county courthouses and U.S. District Courts. Intriguing histories that often include the colorful characters that made Oklahoma unique.
Only $ 95 plus shipping and handling 49 Hardcover ISBN 978-0-615-37632-5 Order now by visiting www.courthouselegends.com or calling toll free 877.536.7634 A portion of proceeds benefit the Oklahoma Bar Foundation.
Meet the authors and get your personally signed copy of this important work at the Oklahoma Bar Convention, November 17-19, 2010
2484 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 2010 EMPLOYMENT LAW SEMINAR presented by the Oklahoma Employment Lawyers Association
Date: Friday, December 3, 2010 at 9 a.m. to 5 p.m. Location: Crabtown in Bricktown, Okla. City CLE CREDIT: CLE credit proposed for 8.0 hours including 1.8 hours of ethics. Tuition: $200 for registration by Nov 29, 2010. (Buffet lunch included) $225 for registration Nov. 30 and after. $ 25 discount for OELA members & government/public service attys CANCELLATION There will be a $25 charge for cancellations prior to Nov. 30. No POLICY: refunds after Nov. 30, however written materials will be provided. Materials may be purchased for $75 REGISTRATION: Make checks payable to: OELA Send registrations to OELA, 325 Dean A. McGee, Okla. City, OK 73102 Fax No: (405) 235-6111 For more information contact Lori Lanon at 235-6100
9:00-10:30 Ethics for the employment lawyer Ethical issues for the corporate counsel: Nathan Whatley Ethical issues for the employee’s counsel: Mark Hammons Ethical issues for the government lawyer David Lee Ethical issues from a mediator’s perspective Steve Boaz Presentation, panel discussion, question and answer session 10:30-10:40 Break 10:40-Noon Gavin W. Manes, Ph.D, President Avansic Strategies for processing and reviewing emails Bad corporate decisions on emails Noon to 1:00 pm Lunch Buffett (included in seminar cost) 1:00-3:00 Intersecting Leave Rights: FMLA, ADA, Worker’s Compensation, USERRA and State Law State Employee Leave Rights Daniel Gamino Job Protection Under Worker’s Compensation Joe Biscone ADA/FMLA Leave Rights Stephanie Manning USERRA: Leave Rights Under The New Law Amber Hurst Presentation, panel discussion, question and answer session 3:00-3:10 Break 3:10-4:05 New Developments in Federal Employment Law Leonard Court 4:05-5:00 New Developments in Oklahoma Employment Law Mark Hammons
Crabtown is located at 303 E. Sheridan. Parking is available at Bricktown/Hampton Inn Parking, 222 E. Sheridan at a $5 per day (excluding special evidence) parking rate.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2485 FROM THE PRESIDENT The Judicial Nominating Politics certainly has been continued from page 2396 Commission could easily apparent in the acrimonious accommodate selecting all debate there. appears that the most support judges, both trial and appel- I urge all of you to consider for such a “Missouri Plan” late. After the initial selection a judicial nomination process would come from the urban process of the district judges with a retention ballot to be areas (Oklahoma County, was complete, the judges substituted for the popular Tulsa County and perhaps would then stand for retention vote of district judges. As Comanche, Muskogee and ballot as all appellate judges we are all aware, most non- Washington). The remainder do currently. Over the last five lawyers have little sense of of the state, based upon my years, I can attest to the fact who to vote for regarding anecdotal experience, still that politics, at least openly, judges, and if your experience clings to a desire to have a has never reared its ugly head is similar to mine, most of your more direct effect on selection in any of the discussions or family and friends invariably of judges, at least in the legal interviews I have been ask you, “Who do I vote for community. involved in while selecting judge?,” which gives us signifi- over 50 judicial openings from Now for the better way. cant input in reforming the associate district judge to current system. We need to Oklahoma has had in place Supreme Court positions. for more than 40 years a sys- take the lead in this and do our tem which has proven extraor- We have all watched (most best to not only retain the Judi- dinarily effective in selecting with dismay) the televised cial Nominating Commission judges who are qualified for nomination hearings for in its present form, but to their positions and have, to Supreme Court justices, at enlarge it as needed to take the best of my knowledge, all least from the Justice Clarence politics out of the courtroom. served successfully and with Thomas hearings onward. distinction. The Judicial Nomi- nating Commission was creat- ed as part of the judicial reform package of 1968-69, and provides for a member- ship of 13 people (six lawyers and seven lay persons) who select from a slate of appli- cants three individuals to be sent to the governor for his or her selection to fill the posi- tion. Currently, the selection process is limited to those vacancies created by death, disability or retirement. All appellate court and workers’ compensation court judges are selected through this process, but the trial judicia- ry (which in my view is the most important part of the judiciary) is still selected by popular vote, whether on an at-large basis, or selected by districts in the larger coun- ties or districts.
2486 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 FROM THE EXECUTIVE DIRECTOR More Than a Convention By John Morris Williams
It’s time for the OBA Annual meeting where important For us as an association Meeting! Our Annual Meeting business is conducted. Many to maintain self-governance is more than a “convention.” committees and sections also under the “superintendent While there are some aspects meet and conduct important control” of the Oklahoma of the Annual Meeting that business at that level. Supreme Court, we must con- would be similar to a trade tinue to come together in sig- This year the CLE, Annual association gathering, there nificant numbers to tend to Luncheon and a myriad of is so much more. Pursuant to the business of the association. other programs are top notch. the Oklahoma Supreme Court Otherwise, we risk losing the The Thursday morning plena- Rules Creating and Control- opportunity to have a signifi- ry session promises to be ling the Oklahoma Bar Associ- cant voice in both the opera- thought provoking. The pre- ation, “The policy-making tion of our association and in sentation includes someone powers of the Association are matters of public policy that wrongfully convicted by a vested in a House of Dele- influence our profession. Our faulty eyewitness. This is a gates...” Pursuant to the OBA gathering is more than a con- stark reminder of how impor- bylaws, the House of Dele- vention. I submit it is our duty tant our work is and how gates is to meet at least once a as members of the legal pro- important it is that we are pro- year at the Annual Meeting. fession to come together at the active in maintaining a fair Thus, we come together as an Annual Meeting. and just system. From what I association pursuant to an have seen, this presentation I know the press of business order of the Oklahoma alone is worth coming to the and costs are factors in attend- Supreme Court to attend to Annual Meeting. ing. We try to keep the meet- the governance and policy ing as inexpensive as possible making of the association. Additionally, in this age of and to give great value in the electronic communications, While many bar associations programs. Given the impor- our profession is not immune have cut back or eliminated tance of the business conduct- from moving toward less per- their annual meetings, we ed, the great programs and sonal contact. The value of have continued to have a many fun events, there is real- coming together with your strong Annual Meeting. Our ly no excuse to not come to peers and spending some elected leadership and the Tulsa this year and participate “face time” is, in my opinion, OBA staff continually strive to in the Annual Meeting. invaluable. Research shows provide an enriching experi- that generations X and Y are The Annual Meeting is not ence leading up to the time less likely to be involved in just a convention. It is where the House of Delegates these kinds of endeavors. you, as an important part of meets. This year, the House However, I personally see the legal community, can have of Delegates has some very plenty of our members from a voice in how your associa- important business regarding those generations involved in tion is run. It is where you can our legislative agenda and our association. I am thankful make significant contacts. It is judicial ethics and elections. for them and those from where you can get exceptional The decisions made by the other generations. I am professional training. It is House of Delegates have a counting on them to be at the where your attendance matters real impact on our profession Annual Meeting and taking to the future of our profession. and the day-to-day practice up the banner to preserve I hope I can count on you of law. In short, it’s not just a our association. being at the Annual Meeting! convention. It is a working
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2488 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 LAW PRACTICE TIPS Improving Client Satisfaction Improves Your Practice and Your Life By Jim Calloway, Director, OBA Management Assistance Program
Lawyers spend their profes- a lot of revenue to the firm in place to assure client satis- sional lives serving their clients. and those who likely would faction with the firm’s servic- have taken a lot of well-pay- es. We live in a very service- But client service today ing clients with them upon oriented society, and it is means more than just accom- leaving the firm. In fact, some important to deliver good plishing the required legal firms saw those lawyers leav- service in response to client work for which the lawyer ing for greener pastures. inquiries and timely commu- was retained. nication practices generally. And we all understand that A very important aspect Other industries call this the small firm lawyer who about running a law practice customer service, and even does not have sufficient pay- today (right after competency though we have clients ing clients may soon no lon- to do the work well and doing instead of customers, good ger have a law practice at all. so) is providing superior client customer service practices service to produce satisfied cli- Today’s economic environ- are critical. ents. These clients will then ment has focused the attention For example, we all hear the return if more legal services of many businesses on basic warning that failure to return are needed in the future and business concepts. It is certain- client phone calls is the num- may well serve as a source of ly an appropriate time for ber one complaint that is referrals for new clients. lawyers to refocus on ways to made about lawyers to others. improve client satisfaction in One thing that the recession Sometimes the failure to an increasingly competitive should have driven home to return phone calls may signal legal marketplace. members of the legal profes- other problems. It is difficult sion is that solo and small We have created systems in to return the call when the firm lawyers have one thing law offices to make sure that matter the client is calling in common with lawyers at deadlines are properly calen- about is past the deadline the very large firms. If you dared, documents are proofed for completion. don’t have clients — your carefully, witnesses are sub- But often the failure to own clients — your future is poenaed in a timely manner return phone calls is one of uncertain. When large law before trial and legal projects those “not enough hours in firms had to lay off lawyers are generally managed. Law- the day” problems — an and make difficult decisions, yers are generally good at emergency on another client’s there were likely many keeping up with their legal matter, a court hearing that brilliant and accomplished projects, even if that often takes much longer than antici- lawyers who lost their em- means working a fair number pated, a wreck in front of the ployment. When there of nights and weekends to lawyer that slows traffic or were layoffs, certainly the meet deadlines. any number of things that lawyers who were unlikely to For future success, lawyers impact the lawyer’s schedule. get terminated were the law- should examine the systems yers whose clients brought in and processes that they have
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2489 So if we know the delayed policies and procedures man- row before they hear from phone call return issue can ual. In a well-run office, this you. A part of that system make clients unhappy, can the manual will be referred to fre- may be that someone checks lawyer develop a system to quently and regularly updat- every day at 4 p.m. to see the deal with this and head off ed. Hopefully, the majority of status of returned calls. problems in advance? Today’s calls will be returned with the Another part of that system lawyer will look at expecta- stated policy time frame. may be that the lawyer is tions, policies and systems. careful to note in the practice EXPECTATIONS, POLICIES management system that he AND SYSTEMS or she has returned the call. Another part may be that the The lawyer will want to …explain that lawyer has to be gently establish appropriate client reminded near the end of the expectations beginning in the your work has busy day of his or her policy if initial interview process with there are unreturned calls. the new client. Let them periods and sometimes know that you believe in Often a frustration for the good service and intend to returning phone lawyer in returning those deliver that to them. But also phone calls is that the client explain that your work has calls quickly is has simple questions that the busy periods and sometimes staff could have handled like returning phone calls quickly challenging. “I just wanted to confirm my is challenging. Many clients court date.” So another part of have no idea what it is like to the system is that staff should get 30 or 40 phone messages try and get the reason for the during a day. Let them know call and not just the phone this is sometimes challenging number. A good response is for busy lawyers. If there is “She’s not available now. Can a legal assistant assigned to I take a message or is there their matter, this may be a anything we can help you good time to introduce them with?” The specific response and explain that part of the would vary between a solo legal assistant’s job is to help lawyer with one staff person with client communications. If and a large law firm with a you want the client to commu- busy full-time receptionist, nicate with staff, you need to but the attitude of customer encourage the client to do so. service should not. Then let the client know Ultimately all of this would your policy on returning be contained in the office poli- phone calls. cy and procedures manual. By taking the time to make This is an example of how the So hopefully, the client will clear that this is an important line between policies and pro- have the expectation that your office policy, your staff will cedures becomes blurred. It policy is to return phone calls know if the policy is to return makes little sense to have both within 48 hours or by the close calls within 48 hours. a policy and a procedure in of the next business day. But the manual on returning client the client will hopefully also A system or procedure phone calls. Rather, there have some understanding that helps us implement the policy. would be a page or two that sometimes this is one of your Staff knows this is important might be summarized as, “Our real business challenges. and if you get delayed at policy is to return all client court, it is their duty to jump A business policy is a rule phone calls within 48 hours in and return the calls from for how the business is run. and here is how we do it.” the day before even if they Make certain your staff can only let the client know Some readers may be think- understands your return call that there’s been an unexpect- ing, “Instead of investing all of policy. Policies should be in ed delay and it may be tomor- that time and effort in policies writing and kept in the office and documents on returning
2490 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 client calls, I’d be better off times hard to recognize and the law office, whether it is a actually returning calls or appreciate that the skill of a small or large firm. If your doing other billable work.” lawyer or even an outstand- office staff members all know But this is one step along the ing result may not weigh as that clients are going to be path to superior client service. heavily in a client’s positive receiving a survey, they may It will actually save time or negative perception as govern their behavior in order when a new staff person is other matters. The tone of to get high marks from the cli- hired. And, as noted previ- the receptionist’s voice, the ents. Thus, you serve an in- ously, it deals with what is amount of time left on hold, house training function with said to be one of the greatest the promptness of returned the survey as well. customer service problems phone calls, the appearance of As far as the effect on the about lawyer firms. an attorney’s office, or wheth- clients of receiving a survey, er copies of pleadings and The process of managing most people are pleased when correspondence are mailed to expectations, setting policies they are asked for their opin- the client; all of these factors and implementing systems ion. Hopefully, this will give may contribute more to your will serve you well in many the clients a final positive client’s attitude than the mat- client service areas. time to reflect both on the ters we are trained to consider good services that they When you have completed important. received from your firm and this step and are ready for Try to set realistic deadlines upon how nice it was that you another one, your attention is for completion of projects. But asked them their opinion. directed to “Form Letters You when a deadline cannot be and Your Clients Will Love,” Be sure and give space for met, make sure the client is which was originally pub- clients to write their com- informed of the delay as soon lished in the Oklahoma Bar ments and suggestions. as possible. Journal way back in March 7, Including stamped pre- 1998, 69 OBJ 802 at tinyurl. GETTING FEEDBACK addressed reply envelopes com/26jv5a. will increase your response Another way to improve cli- rate. You may be surprised Lawyers are trained to focus ent satisfaction is to ask your at the amount of input and on the client’s legal issues in a clients (and former clients) feedback that you receive. narrow and objective way. how you are doing. Taking This is a part of our training good clients to lunch periodi- CONCLUSION and a good thing. cally is a good informal way Most lawyers are very good to do this. But, as has been written in at client service. But striving this column before, it is the Another tool for gathering for improvements in client client’s perception that will feedback is the client survey. services and satisfaction is a result in either future referrals The client survey can also be good business practice for or unhappiness. It is some- an excellent training tool in every lawyer.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2491 ETHICS & PROFESSIONAL RESPONSIBILITY
Judicial Disqualification By Gina Hendryx, OBA General Counsel
The Code of Judicial Con- tionship to either of them, 3. If disqualification or trans- duct states that a judge should or the spouse of such a fer is not granted, interest- disqualify in a proceeding person; ed party may re-present where his or her impartiality the motion to the chief (i) is a party to the might reasonably be ques- judge or to the presiding proceeding, or an officer, tioned. Examples in the code judge by filing in the case director or trustee of a include instances where: within five days from the party; date of said refusal a writ- 1. The judge has a personal (ii) is acting as a lawyer in ten request for a rehear- bias or prejudice concern- the proceeding; ing. A copy of the request ing a party or a party’s shall be mailed or deliv- lawyer, or personal knowl- (iii) is known by the judge ered to the chief judge or edge of disputed eviden- to have an interest more presiding judge, to the tiary facts concerning the than de minimis that could adverse party and to the proceeding; be substantially affected judge who entered the by the proceeding; 2. The judge served as a law- original order. yer in the matter in con- (iv) is to the judge’s 4. If the hearing before the troversy, or a lawyer with knowledge likely to be a second judge results in an whom the judge previous- material witness in the adverse order to the mov- ly practiced law served proceeding. ant, he shall be granted during such association as not more than five days to a lawyer concerning the 5 O.S. 2001 Ch.1, App.4, Code institute a proceeding in matter, or the judge has of Judicial Conduct, Canon the Supreme Court or the been a material witness 3E(1). Court of Criminal Appeals concerning it; Before filing a motion to for a writ of mandamus. 3. The judge knows that he disqualify, the district court 12 O.S. 2001 Ch.2, App.1, Rules or she, individually or as rules require specific proce- for district Courts of Okla- a fiduciary, or the judge’s dural steps be taken by the homa, Rule 15. spouse, parent or child attorney: wherever residing, or 1. An in camera request Failure to follow the proce- any other member of the shall be made to the judge dure set forth in Rule 15 judge’s family residing in to either disqualify or to will result in the issue being the judge’s household, has transfer the cause to waived on appeal. In the an economic interest in the another judge. appeal of a divorce matter, subject matter in contro- the appellant argued that the versy or has an interest 2. If the request is not satis- trial judge erred in failing to more that de minimis that factorily resolved, not recuse. The appellant claimed could be affected by the less than 10 days before that because the appellee had proceeding; the case is set for trial a been a paralegal in the com- motion to disqualify or to munity and had professional 4. The judge or the judge’s transfer may be filed and contacts with the judge, that spouse, or a person within a copy delivered to the the court’s impartiality might the third degree of rela- judge.
2492 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 be questioned. The appellant then filing his motion to avail himself of two more also claimed that the ends of disqualify. After the hearing chances to argue his posi- justice would be served if the on the motion and the tion, Appellant cannot bring case were transferred to anoth- judge’s denial, however, his complaint to this court er judge who did not have Appellant failed to re- and expect relief. Ward v. knowledge of certain members present his motion to the Ward, 1995 OK CIV APP 51, of the local bar who were list- Chief Judge of the county. 896 P.2d 749. ed as witnesses. The appellate Had Appellant re-presented Disqualification of the judge court held that appellant his motion and still not must be timely pursued and waived these issues when he received the relief he based upon proper standards. failed to follow the procedures desired, Rule 15 provides The case law, codes, statutes set forth in Rule 15. him an opportunity to go and ethics opinions are quite forward by an original Appellant followed the first instructive as to when disqual- proceeding in mandamus to two steps, that is, speaking ification is proper, required the Supreme Court of Okla- with the judge in chambers and waivable. homa. Having opted not to
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2493 The OBA Family Law Section is a Presumptive Oklahoma MCLE Provider. This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 5 hours of mandatory CLE Credit, including 0 hours Ethics Credit. Attendance at the FLS Annual Meeting is free for all OBA Family Law Section members. You need not register for the OBA Annual Meeting to attend the FLS Annual Meeting. PRE-REGISTRATION IS NOT REQUIRED for Thursday. Non-FLS members may attend by paying the $25 dues for 2010 at the door. Attendance for members of the judiciary is free. FLS members are also welcome to attend the Thursday night FLS-sponsored dinner at Blue Dome Diner, 313 E. 2nd St., Tulsa. Plan to attend the OBA General Assembly on Friday, Nov. 19, 2010, at 9 a.m. to celebrate in the OBA FLS’s receipt of the 2010 OBA Golden Gavel Award.
Date/Time Event/Topic Location/Speaker Wednesday, 11/17/10 OBA/CLE Family Law Track (Registration for Crowne Plaza Hotel, 100 E. 2nd St, OBA Annual Meeting Required to Attend) Tulsa, OK 9 a.m. – 4:50 p.m. OBA CLE presentation Crowne Plaza Hotel Promenade D 8 p.m. – midnight OBA FLS Hospitality Suite Open Crowne Plaza Hotel Suite 1234 Thursday, 11/18/10 OBA FLS Annual Meeting (Open to all OBA FLS Crowne Plaza Tulsa Hotel Members; No Registration required) Promenade D- 2nd floor Non-Members can pay $25 at the door. 8:15 – 8:45 a.m. Breakfast and Sign In Crowne Plaza Tulsa Hotel Promenade D- 2nd floor 8:45 – 9:15 a.m. • Welcome/ Chair Comments Kimberly Hays, Chair • FLS Annual Business Meeting • Committee Reports & Door Prizes 9:15 – 10:35 a.m. Recent Developments in Family Law Professor Robert G. Spector 10:35 – 10:45 a.m. Break 10:45 – 11:35 a.m. Keynote Address: “Redefining Family Law: Keynote Speaker Embracing the Future of the Practice” Steven Peskind, Illinois 11:35 – 11:55 a.m. Grand Prize Drawing 1; Award Presentations for Kimberly Hays and David Tracy Outstanding Law Student, Outstanding Family Law Judge, Outstanding GAL Award and Outstanding Family Law Attorney 11:55 a.m. – 2:15 p.m. Lunch OBA Annual Luncheon or your own 2:15 – 3:25 p.m. Hidden Law: Unpublished Family Law Cases Professor Robert G. Spector 3:25 – 4:15 p.m. Keynote Address: “Redefining Family Law: Keynote Speaker Embracing the Future of the Practice” Steven Peskind, Illinois 4:15 – 4:35 p.m. Practice Manual Update & Door Prizes Virginia Henson 4:35 – 4:45 p.m. Door Prizes, Grand Prize Drawing 2 and Kimberly Hays Attendance Appreciation Prize Drawing 4:45 p.m. Adjourn 6:30 – 8:00 p.m. Dinner (Sponsored by FLS for members) Blue Dome Diner, 313 E. 2nd St. 8 p.m. - midnight Hospitality Suite Open Crowne Plaza Hotel Room 1234 Friday, 11/19/10 9 a.m. OBA General Assembly- Awards Presentation Crowne Plaza Hotel Room OBA FLS 2010 Golden Gavel Award Promenade C meeting room
Keynote Speaker: Steven N. Peskind Steven N. Peskind is the principal of the Peskind Law Firm, a matrimonial and family law firm practicing in the Chicago area. Mr. Peskind currently serves as a legislative appointee on the Illinois Family Law Study Committee, working to refine and improve Illinois’ family laws. He is an elected member of the American Law Institute and a fellow of the American Academy of Matrimonial Lawyers. Mr. Peskind is active with the American Bar Association family law section where he chairs the practice management committee and serves on the publication board. Also, he is an editor of the Journal of the American Academy of Matrimonial Lawyers. He blogs on family law matters at www.peskindfamilylawinsights.com.
2494 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 BOARD OF GOVERNORS ACTIONS
September Meeting Summary The Oklahoma Bar Association Board of Governors met at the Tulsa County Bar Association in Tulsa on Friday, Sept. 24, 2010.
REPORT OF THE Practice of Law Special Committee meeting, joint PRESIDENT Committee meeting, Family OBA/OBF dinner and Law Section meet and greet at September board meeting. President Smallwood the Petroleum Club for a reported he has worked on BOARD MEMBER REPORTS nationally recognized military details for the Annual Meeting law speaker, OBF Board of to be held in Tulsa, and he is Governor Carter reported Trustees meeting, Court of scheduled to speak against she attended the August Criminal Appeals Judge State Question 752 at a forum board meeting and OBA Clancy Smith’s swearing-in in Tulsa. Budget Committee meeting. ceremony and Muskogee Governor Chesnut reported REPORT OF THE VICE County Bar Association he attended the OBA/OBF PRESIDENT dinner honoring one 50-year dinner, September board and three 60-year OBA meeting and monthly meeting Vice President Martin members. of the Ottawa County Bar reported he attended the Governor Devoll REPORT OF THE Association. Oklahoma County Bar reported he attended the EXECUTIVE DIRECTOR Association Lunch with the August board meeting, Thunder at the Ford Center, Executive Director Williams Garfield County Bar OCBA Attorney Placement reported that he attended the Association meeting, and he Service Committee meeting, Technology Task Force worked on an effort for the OCBA annual banquet/ Subcommittee meeting, Garfield County Bar dinner/dance at the Skirvin Unauthorized Practice of Law Association to host a 2011 Hotel, William J. Holloway Jr. Special Committee meeting, Board of Governors meeting. Inn of Court meeting at the Military Assistance Task Force Governor Dobbs reported he Oklahoma History Center, meeting, Budget Committee attended the August board Rose State College meetings, Annual Meeting meeting and participated in a Constitutional Day luncheon meeting with staff, planning Children’s Miracle Network at Rose State College Student meeting with President-Elect charity event. Governor Center and Lawyers for Reheard, meeting with Dick Poarch reported he attended Children Evening of Hope Beale on the group health the OBA swearing-in dinner at the Oklahoma insurance plan, Boiling ceremony for the new History Center. Springs Institute, staff attorneys, OBA/OBF dinner REPORT OF THE celebration, joint OBA/OBF and September board meeting. PRESIDENT-ELECT dinner, swearing-in of Judge Governor Stuart reported he Smith to the Court of Criminal attended the OBA/OBF President-Elect Reheard Appeals and swearing-in of dinner, September board reported she attended the new attorneys. meeting, Access to Justice August board meeting, several Committee meeting and Budget Committee meetings, REPORT OF THE PAST reviewed bar journal articles. Solo and Small Firm PRESIDENT Committee meeting, REPORT OF THE GENERAL Past President Parsley Technology Task Force COUNSEL reported he attended the Subcommittee meeting, Professional Responsibility General Counsel Hendryx Military Assistance Task Force Commission meeting, Budget reported the Office of the meeting, Unauthorized
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2495 General Counsel has received The board voted to send the RESOLUTION NO. 10: and begun investigations of 22 resolution amending EXTENDING WORK- allegations of the Oklahoma Supreme Court PRODUCT PROTECTION unauthorized practice of law. Rule 1.21 relating to TO MOST COMMUNICA- In four of these matters, the computation of time for TIONS BETWEEN AN respondent or entity has commencement of an appeal ATTORNEY AND A complied with the office’s to the House of Delegates for TESTIFYING EXPERT request to cease and desist. consideration and to The OGC filed suit in two recommend it be adopted. The board voted to send the matters and continues the resolution amending 12 O.S. RESOLUTION NO. 7: ELIMI- investigation of the others. Supp. 2009, Section 3226, NATING STATUTORY TEXT General Provisions Governing She attended a reception at THAT CREATES CONFLICT- Discovery to the House of Legal Aid Services of ING DEADLINES ON Delegates for consideration Oklahoma, UPL Special SUMMARY JUDGMENT and to recommend it be Committee meeting, PRC PROCEEDINGS adopted. monthly meeting, admission ceremony for new attorneys The board voted to send the OKLAHOMA JUSTICE and OBA/OBF Board of resolution amending 12 O.S. COMMISSION Governors joint dinner. Supp. 2009, Section 2056, Motion for Summary OCU Law School Dean A written status report of Judgment Proceedings to the Larry Hellman reviewed a the Professional Responsibility House of Delegates for proposal by J. William Conger, Commission and OBA consideration and to OCU general counsel and past disciplinary matters for recommend it be adopted. OBA president, to create an August 2010 was submitted Oklahoma Justice Commission for the board’s review. RESOLUTION NO. 8: to enhance the reliability and CLARIFYING STATUTORY accuracy of convictions. Josh RESOLUTION NO. 5: LANGUAGE REGARDING Snavely, a recent law school CONFORMING INTERRELATION OF student, OCU staff member STATUTORY LANGUAGE STATUTES DEALING WITH and new OBA member, REGARDING SERVICE OF DISMISSAL reported on a 50-state study JUDGMENTS, DECREES OR conducted by OCU students, APPEALABLE ORDERS The board voted to send the and he reviewed the resolution amending 12 O.S. resolution. It was noted the OBA Civil Procedure Supp. 2009, Section 683, proposed commission is Committee Chairperson Jim Dismissal without Prejudice to supported by Attorney Milton reviewed proposed the House of Delegates for General Drew Edmondson amendments presented as six consideration and to and Oklahoma County resolutions and provided recommend it be adopted. District Attorney David Prater. background on the com- Funding was discussed. The mittee’s recommendations. RESOLUTION NO. 9: board approved the resolution The board voted to send the CLARIFYING STATUTORY creating the Oklahoma Justice resolution amending 12 O.S. LANGUAGE REGARDING Commission with Supp. 2002, Section 990A, INTERRELATION OF amendments to 1) limit Appeal to Supreme Court of STATUTES DEALING WITH distribution of required Oklahoma – Filing of Petition DISMISSAL reports to the OBA Board of – Rules – Procedure – The board voted to send the Governors, 2) remove Dismissal to the House of resolution amending 12 O.S. publication of the resolution Delegates for consideration Supp. 2009, Section 684, on www.oscn.net since that and to recommend it be Dismissal before Trial website is outside OBA adopted. Commenced without Court jurisdiction and 3) change the RESOLUTION NO. 6: Order to the House of date of the resolution CONFORMING RULE Delegates for consideration adoption to Sept. 24, 2010. and to recommend it be REGARDING SERVICE INVESTMENT POLICY OF JUDGMENTS, DECREES adopted. OR APPEALABLE ORDERS Past President Parsley reviewed the proposed
2496 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 amendments to the OBA AWARDS COMMITTEE CLE FINANCIAL investment policy. The board RECOMMENDATIONS HARDSHIP POLICY approved the amendments. As Awards Committee vice Executive Director Williams LEGAL INTERN chairperson, Governor Stuart reported the OBA has had an COMMITTEE ANNUAL reviewed the process by informal financial hardship REPORT which the committee solicits policy to waive full or partial nominations and decides fees for continuing legal As liaison to the Legal upon recommendations for education seminars for OBA Intern Committee, Governor OBA award recipients. The members experiencing Hixson reviewed the report board approved the financial hardship. required annually. The board recommendations of the Educational Programs voted to accept the report. Awards Committee. Director Donita Bourns Douglas has formalized the RESOLUTION NO. 4: EXECUTIVE SESSION PROPOSED RULES FOR policy with the creation of a THE COMMITTEE ON The board voted to go into form. The board approved the JUDICIAL ELECTIONS executive session, met in policy and the form. executive session and voted to BOARD OF MEDICOLEGAL Governor Brown, as Bench come out of executive session. and Bar Committee co- INVESTIGATIONS AWARDS COMMITTEE chairperson, reviewed the The board approved most current amendments to The board voted that in the President Smallwood’s the proposed rules for the future when the Awards appointment of Thomas A. Committee on Judicial Committee submits its Mortensen, Tulsa, as his Elections. The board approved recommendations to the OBA designee to replace Wes the resolution and voted to Board of Governors that Johnson, who resigned. send it to the House of nominations for the recipients NEXT MEETING Delegates for consideration be included. with a recommendation that it The board met on Oct. 15, JUDICIAL CAMPAIGN PRT be adopted. It was noted that 2010, and a summary of those APPOINTMENT if this resolution is approved actions will be published after by the House of Delegates and The board tabled this the minutes are approved. The the Supreme Court that the agenda item until the October next meeting of the Board of Committee on Judicial meeting. Governors will be at 2 p.m. at Elections will replace the the Crowne Plaza Hotel in Professional Responsibility Tulsa on Wednesday, Nov. 17, Panel on Judicial Elections, 2010, in conjunction with the commonly known as the OBA Annual Meeting. Baker Commission.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2497 BAR FOUNDATION NEWS OBF 2010 Grants By Phil Frazier
The Oklahoma Bar Founda- It is through membership Family Shelter of Southern tion recognizes its primary with the Oklahoma Bar Foun- Oklahoma Inc. mission, the very reason for its dation and becoming a Fellow Civil legal services for victims of being, is to help others. Our that we are able to continue domestic violence in Southern mission statement, “Lawyers the work of the foundation Oklahoma Transforming Lives through and to fulfill the purpose. The $5,000 the Advancement of Educa- stated purpose of the founda- tion, Citizenship and Justice tion is “to promote justice, Legal Aid Services of for All,” is more important fund essential legal services, Oklahoma Inc. now than ever. and to advance public aware- Maintenance of free statewide ness of the law.” This year, If we are to continue our legal service provision to the even in these tough economic service to those organizations poor and elderly times, the foundation was and enable the bar foundation $246,646 able, with our OBF Fellows’ to perform this mission, we generous help to fund the Marie Detty Youth and must have more Oklahoma Family Services Center of following: lawyers participating as Comanche County Fellows. 2010 OKLAHOMA Civil legal services and educa- Oklahoma lawyers choosing BAR FOUNDATION tional programming in Coman- to become Fellows with the GRANT AWARDS che County area $12,500 foundation number slightly Center for Children and Fam- over 10 percent. A small finan- ilies Inc. of Cleveland County OBA LRE We the People cial commitment one makes in National Competition choosing to become a Fellow, Court ordered supervised visita- approximately $8.50 per tion and family exchange legal Enid High School participation month for a period of 10 assistance services in national finals years, is small in comparison $7,500 $2,000 to the satisfaction you will Community Crisis Center Inc. OBA YLD Oklahoma High receive in knowing that you of Ottawa, Delaware & Craig School Mock Trial Program are a part of the advancement Counties Statewide program presentation of the foundation’s mission. Civil legal services for victims of through national competition All lawyers agree that we domestic violence $45,000 $5,000 choose this profession not just Oklahoma Indian Legal Ser- to make a living or to gain Domestic Violence Interven- vices, Low-Income Taxpayer stature or reputation within tion Services Inc. Legal Clinic our community but to truly help others and to fulfill the Civil legal services and educa- Support staff maintenance for obligation of the profession. tional programming in Tulsa the provision of free legal tax and surrounding counties services, matched funds Your Oklahoma Bar Founda- $12,500 $20,000 tion is the lawyer’s best vehi- cle enabling us to assist others and at the same time, promote the generosity and great work of Oklahoma lawyers.
2498 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Oklahoma CASA Association Teen Court Incorporated of SCHOLARSHIP AWARDS Inc. Comanche County Chapman-Rogers OBF Law Statewide conference to Program maintenance funding School Scholarships $7,500 provide mandatory training for for teen court presentation serv- Maurice H. Merrill Memorial Court Appointed Special Advo- ing first time juvenile offenders Scholarship Award $500 cates staff and volunteers for and their peers abused and neglected children $10,000 W.B. Clark Kay County $5,000 Law-Student Memorial Trinity Legal Clinic of Scholarship $15,000 Oklahoma CAAVA Associa- Oklahoma Inc. tion Inc. Thomas L. Hieronymus Case management for the provi- Memorial Oil & Gas Law Court Appointed Advocates for sion of free legal services Award $500 Vulnerable Adults program $2,500 maintenance and training Oklahoma Bar Foundation Tulsa Lawyers For Children $15,000 Fellows Scholarships $15,000 Inc. Oklahoma Judicial Historical Phillips Allen Porta Memorial Funding to provide legal repre- Project Legal Ethics Award $500 sentation for abused, neglected Public educational panels for and deprived children in Juvenile Total 2010 OBF Scholarship new Judicial Center Court and at emergency show Awards: $39,000 $2,000 cause hearings through volun- teer pro bono lawyers (Grand Total to Date = $517,646) Oklahoma Lawyers For $25,000 Children Inc. Your foundation board of Tulsa University College of trustees and all grant recipi- Funding to provide legal repre- Law Boesche Legal Clinic ents sincerely appreciate the sentation for abused, neglected generosity of the Fellows of and deprived children in Juvenile Immigrant rights legal clinic the foundation and other Court and at emergency show project utilizing law-student donors who have enabled the cause hearings through volun- interns in provision of free civil OBF to perform its mission. teer pro bono lawyers legal services $40,000 $4,500 The foundation will recog- nize the Roger R. Scott Senior Law Resource Center William W. Barnes Children’s Memorial Award winners at Inc. Advocacy Center the general assembly of the Free educational outreach program Presentation of free workshops to OBA Annual Meeting Friday, to promote informed, thoughtful be able to recognize, respond and Nov. 19 at 9 a.m. The award incapacity planning and preven- report child abuse training in Rog- recipients are shown on the tion of elder exploitation ers, Mayes and Craig counties next page. $12,500 $4,000 Phil Frazier is president of YMCA Oklahoma Youth and the Oklahoma Bar Foundation. Government Program He can be reached at [email protected]. Officer leadership training pro- gram and the junior high Model Legislative Day $2,000 Total 2010 OBF Grant Awards: $474,646
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2499 2010 Oklahoma Bar Foundation Roger R. Scott Memorial Awards
The Roger R. Scott Memorial Award is given commercial transactions. He has published to individuals who best exemplify Roger papers and presented many continuing legal Scott’s unqualified dedication to the Oklahoma education seminars so that others might bene- Bar Foundation and the good work it does in fit from his experience. He has been a tremen- the name of Oklahoma lawyers. The 2010 dous asset to the Oklahoma Bar Center Facili- awards recognize those who have recruited ties Committee. He is currently recognized more than 50 new Fellows each for the founda- as a Charter Benefactor Fellow and member tion, adding to the OBF’s ability to fund chari- of the OBF Past President’s Counsel as the table law-related programs and services immediate past president. He has recruited 51 throughout Oklahoma. new Fellow members and continues making OBF presentations to help meet grant award The 2010 Roger R. Scott Memorial Award levels during challenging economic times recipients are: as the need for legal services grows. Mike C. Mayhall, Lawton Mart Tisdal, Clinton Mr. Mayhall has Mr. Tisdal has made been an influence for an impact across Okla- justice in Lawton and homa through his throughout the state involvement in many volunteering on some service and volunteer 25 different organiza- activities. His regular tional boards. He practice of law with became a Fellow of the Tisdal & O’Hara deals Oklahoma Bar Founda- primarily with oil and tion in 1988, was a gas litigation, where he member of the Board serves on various orga- of Trustees from 1996 nization boards and through 2003 and speaks to educate oth- served as president during 2002. He is current- ers in this area. He became a Fellow of the ly recognized as a Charter Benefactor Fellow Oklahoma Bar Foundation in 1988, was on the and member of the OBF Past President’s Coun- Board of Trustees from 1996 through 2004 and sel. He has recruited 53 new Fellow members served as president during 2003. He is current- following a November 2001 OBF bylaws ly recognized as a Charter Benefactor Fellow change making reduced giving levels available and member of the OBF Past President’s Coun- to newer lawyers. sel. He has recruited 75 new Fellow members Richard “Rick” L. Riggs, Oklahoma City and was a key leader in bringing mandatory IOLTA to Oklahoma so that more might Mr. Riggs has represent- receive civil legal services. ed the Oklahoma Bar Foundation as a Trustee and officer since 2002 and lead as president during 2009. He has been a Fellow of the foundation since 2001. His day job is with McAfee & Taft where his practice concentrates in real estate and
2500 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 Fellow Enrollment Form
m Attorney m Non-Attorney
Name: ______(name, as it should appear on your OBF Fellow Plaque) County
Firm or other affiliation: ______
Mailing & Delivery Address:______
City/State/Zip: ______
Phone:______Fax:______E-Mail Address:______
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Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2501 OKLAHOMA CORPORATION COMMISSION 2010 OIL AND GAS INSTITUTE “OKLAHOMA’S ENERGY FUTURE: NEW CENTURY ~ NEW CHALLENGES” Sponsored by: Oklahoma Corporation Commission Oil and Gas Conservation Division Office of Administrative Proceedings • Office of General Counsel Oklahoma Bar Association Energy and Natural Resources Law Section Friday, November 19, 2010 • 8:30 a.m. to 4:00 p.m. Emerson Hall • Oklahoma Bar Center 1901 N. Lincoln Boulevard • Oklahoma City, Oklahoma 8:00 - 8:30 Registration 8:30 – 9:00 Welcome The Honorable Dana Murphy, Corporation Commissioner 9:00 – 10:00 Panel: The Rulemaking Process, Oil and Gas Conservation Rules, Horizontal Drilling and Spacing Regulations, the OCC’s Rules of Practice Moderator: The Honorable Dana Murphy, Corporation Commissioner; Panel: Angela Burckhalter, Vice Presi- dent Regulatory Affairs, Oklahoma Independent Petroleum Association; Ron Dunkin, Manager, Technical Ser- vices, Oil and Gas Conservation Division; Chad McDougall, Vice President, JMA Energy Company; John Reeves, Attorney at Law; Terry Stowers, Attorney at Law and National Association of Royalty Owners 10:00 – 10:15 Mid-Morning Break 10:15 – 11:15 Panel: Oklahoma Perspective on Current National Issues -- Horizontal Drilling, Hydraulic Fracturing; Water Use, Recycling, Disposal, Oil Spill Prevention and Carbon Capture and Storage Moderator:Lori Wrotenbery, Director, Oil & Gas Conservation Division; Panel: Paul Hagemeier, Vice President, Environmental Compliance, Chesapeake Energy Corp.; Barbara Rauch, Supervising Attorney, Oklahoma Department of Environmental Quality; Keith Tracy, Attorney/CO2 Business Development, Chaparral Energy, L.L.C.; Michael Zumwalt, Chief Financial Officer, 212 Resources Corp. 11:30 – 12:30 Catered Lunch Emerson Hall 12: 00 – 12:30 Mock OCC Environmental Permit Hearing ALJ David Leavitt, ALJ Michael Norris, ALJ William Peterson, ALJ Michael Porter, ALJ Paul Porter, Office of Administrative Proceedings; Connie Moore, Senior Assistant General Counsel, Office of General Counsel; Lee Levinson, Attorney at Law; Russell Walker, Attorney at Law 12:30 - 1:30 Ethics Presentation AndrewTevington, General Counsel, and Jim Hamilton, Senior Assistant GeneralCounsel, Office of General Counsel 1:30 - 2:30 Panel: Horizontal Drilling, Hydraulic Fracturing, and the OCC’s Environmental Permitting Process Moderator: The Honorable Jeff Cloud, Corporation Commissioner; Panel: Professor Christopher A. Tytanic, Oklahoma City University School of Law; Tim Baker, Manager, Pollution Abatement Dept., Oil and Gas Con- servation Division; Dale Cottingham, Attorney at Law; Dean Couch, General Counsel, Oklahoma Water Resources Board; Brad Gungoll, Attorney at Law; Keith Thomas, Senior Assistant, General Counsel, Office of General Counsel 2:30 – 2:45 Mid-Afternoon Break 2:45 – 3:45 Panel: Update on the Oil and Gas Conservation Adjudication Process Moderator: ALJ Michael Decker, Director, Office of Administrative Proceedings; Panel: ALJ Patricia MacGuigan, Oil and Gas Appellate Referee; ALJ Curtis Johnson; ALJ Susan Osburn; ALJ Michael Porter; Office of Administra- tive Proceedings; Richard Books, Attorney at Law; Eric King, Attorney at Law; Gregory Mahaffey, Attorney at Law; John Moricoli, Attorney at Law; Sally Shipley, Deputy General Counsel, Office of General Counsel 3:45 - 4:00 Evaluation and Acknowledgements ALJ Michael Decker Please checkout the Oklahoma Corporation Commission’s information booth in the lobby for demonstrations of the Commis- sion’s new website and current online oil and gas forms and reports. Guidance about online filing of forms and reports with the Oil and Gas Conservation Division will be available from 8 a.m. - 4 p.m. Fee: $65 (pre-registration by COB Wednesday, November 17, 2010) or $75 (registration at the door). Please make checks payable to: “Oklahoma Corporation Commission, 2010 Oil and Gas Institute.” No credit cards please. The seminar is approved by the Oklahoma Bar Association’s Mandatory Continuing Legal Education Commission for 6.5 hours of MCLE credit, with 1 hour ethics credit included. Please register online at www.occeweb.com “Hot Topics” menu. Register by mail or fax: c/o Ms. Snooks Campbell, Office of Administrative Proceedings, Oklahoma Corporation Commission, P.O. Box 52000, Oklahoma City, Oklahoma 73152-2000, Tele- phone: (405) 521-2756, Facsimile: (405) 522-6397. Seating is limited so please register promptly. Please follow-up with a tele- phone call if you fail to receive a confirmation e-mail response to an online registration. Additional inquiries to: ALJ Michael Decker, OAP Director (405) 521-2241, [email protected]. Thank you.
2502Vol. 81 — No. 27 — 10/9/2010 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/20102221 NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT OF robert scott scroggs, SCBD #5668 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 Robert Scott Scroggs 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, Okla- homa City, Oklahoma, at 9:30 a.m. on Friday, December 10, 2010. Any person wishing to appear should contact Gina Hendryx, Gen- eral Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007, no less than five (5) days prior to the hearing. PROFESSIONAL RESPONSIBILITY TRIBUNAL
NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT OF John Matthew Whitworth, SCBD #5667 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 John Matthew Whitworth should be rein- stated 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, Okla- homa City, Oklahoma, at 9:30 a.m. on Thursday, December 2, 2010. Any person wishing to appear should contact Gina Hendryx, Gen- eral Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007, no less than five (5) days prior to the hearing. PROFESSIONAL RESPONSIBILITY TRIBUNAL
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2503 ACCESS TO JUSTICE
A Calling to Help the Homeless By Lindsey Vanhooser
In high school, I was At OCU law school, the committed to make pro bono exposed first-hand to the Public Interest Law Group work a priority and a perma- reality of the homeless and (PILG) was the perfect oppor- nent part of my career and needy population within our tunity to gain some insight on future. community. When I was how my passion and the law Attorneys are able to help about 15, I began volunteer- could fit together. Through my the poor and needy in a way ing at an inner-city ministry involvement with PILG, I that allows clients to regain sponsored by my church. As could see a clear picture on control of their lives and their I formed a relationship with what a life dedicated to the freedom. For one client, this the families and children, law and the needy looks like. control over her life means their stories had a great PILG meetings made me obtaining a divorce from an impact on me. The children aware of the great need for abusive husband. For another, were so charismatic regard- free or low cost legal services it means receiving assistance less of their difficult situation, for the poor in the community, with an arrest warrant from a and their zeal and need for and more importantly, PILG minor traffic violation, which positive influence was simply refuted the inaccurate but has kept the client on the run inspiring. These relationships commonly-held belief that for more than 10 years. While made me determined to help serving the poor and running the fact pattern changes, the the families, and specifically, a successful law practice are bottom line remains the same. the children, learn how to polar opposites and cannot be Attorneys have a unique abili- beat the cycle of poverty, mixed. ty to change the course of a addiction and homelessness. The experiences from PILG client’s life in a way that even Throughout college, I con- have shaped how I practice the most determined client tinued to work intimately law today. I have been given simply cannot do alone. with the needy families within the opportunity to work as the This epiphany of mine – the ministry, and in 2005, I co-executive director of Trinity to attend law school — was had an epiphany. I needed to Legal Clinic, an organization clearly the most expensive go to law school. I realized exclusively committed to one of my life. However, hav- that if I wanted to help the bringing justice to the poor ing the opportunity to see the families, I had to do more and needy. While working for full-scale transformation of a than talk with them about Trinity, I have been blessed to needy client once his or her their problems. They needed have gained several mentors legal burden is overcome is someone who could use the who continually show me by well worth the cost. power of the law to make a example how to manage a permanent change in their successful legal career while Ms. Vanhooser is the founder specific circumstances that also maintaining a commit- of the Vanhooser Law Firm and would consequentially affect ment to the community. I co-director of the Trinity Legal other aspects of their life. mimic these concepts in my Clinic in Oklahoma City. own law firm, and I have
2504 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 YOUNG LAWYERS DIVISION
Join in the Fun! By Molly Aspan, YLD Chairperson
I would like to take this were also held for members opportunities — including a opportunity to congratulate to welcome the new ad- YLD hospitality suite on both the new attorneys that were mittees. The receptions were Wednesday and Thursday admitted to the OBA this fall. held on Oct. 5 at Mickey nights. As in the past few On Sept. 23, the OBA swore Mantle’s Steakhouse in years, the YLD will be in 307 new bar members, Oklahoma City and Leon’s sponsoring what in recent and the YLD was on hand Restless Ribbon in Tulsa. years has become the Annual to welcome them to the I would like to invite all Meeting’s entertainment association. During the new admittees to become centerpiece on Thursday admission ceremony, remarks involved in the YLD and night — Casino Night. look forward to meeting Admission to Casino Night and working with you in is free with Annual Meeting the future. registration. I would also like to invite Additionally, if you are all members, including the a past YLD chair, we hope new admittees, to join us at that you will be joining us the YLD Annual Meeting, at a reception at the Annual which is held in conjunction Meeting honoring all our with the OBA Annual past chairs and this year’s Meeting on Nov. 17-19 at Friends and Fellows of A newly admitted OBA the Crowne Plaza Hotel the YLD. member signs the roll of in Tulsa. Election results attorneys after the swearing-in will be announced ceremony. at the YLD Annual Meeting. were made to the new Registration for the admittees by Oklahoma conference can be Supreme Court Chief Justice found in this bar James E. Edmondson, OBA journal as well as on President Allen Smallwood the OBA website. and YLD Chairperson Molly There are wonderful Aspan. Following the CLE and program- swearing-in ceremony, the ming opportunities Casino Night is one of the most popular YLD hosted a reception for available to YLD events at the Annual Meeting. Join in the all new admittees and their members, as well as fun and try your hand at blackjack, roulette families. Informal receptions great networking or Texas hold ‘em poker.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2505 Calendar November 10 Oklahoma Council of Administrative Hearing 17 OBA Board of Governors Meeting; 9 a.m.; Officials; 12 p.m.; Oklahoma Bar Center, Oklahoma Oklahoma Bar Center, Oklahoma City; Contact: John City and Tulsa County Bar Center, Tulsa; Contact: Morris Williams (405) 416-7000 Carolyn Guthrie (405) 271-1269 Ext. 56212 18 OBA Young Lawyers Division Board of Directors 00 Ruth Bader Ginsburg American Inn of Court; Meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City 5 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: and Tulsa County Bar Center, Tulsa; Contact: Molly Donald Lynn Babb (405) 235-1611 Aspan (918) 594-0595 11 OBA Closed – Veterans Day Observed 20 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City 15 OBA Alternative Dispute Resolution Section and Tulsa County Bar Center, Tulsa; Contact: Andrea Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City Braeutigam (405) 640-2819 and Tulsa County Bar Center, Tulsa; Contact: Andrea Braeutigam (405) 640-2819 23-24 OBA Closed – Christmas Day Observed 17-19 OBA 106th Annual Meeting; Crowne Plaza Hotel, 31 OBA Closed – New Year Holiday Observed Tulsa 25-26 OBA Closed – Thanksgiving Day Observed 30 OBA Uniform Laws Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Fred Miller (405) 325-4699 December
2 OBA Law-related Education Committee Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack G. Clark (405) 232-4271 7 OBA Appellate Practice Section Meeting; 2:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Allison Thompson (405) 840-1661 10 OBA Family Law Section Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; January Contact: Kimberly K. Hays (918) 592-2800 5 OBA Law-related Education Law School for 15 Oklahoma Council of Administrative Hearing Legislators; 8:30 a.m.; Oklahoma Bar Center, Oklahoma Officials; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Jane McConnell (405) 416-7024 City and Tulsa County Bar Center, Tulsa; Contact: Carolyn Guthrie (405) 271-1269 Ext. 56212 14 OBA Board of Governors Meeting; 9 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: 16 OBA Access to Justice Committee Meeting; John Morris Williams (405) 416-7000 10 a.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Kade A. McClure OBA Family Law Section Meeting; 3:30 p.m.; (580) 248-4675 Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Kimberly K. Hays (918) 592-2800 00 OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; 17 OBA Closed – Martin Luther King Jr. Day Observed Contact: Jack Brown (918) 581-8211
2506 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 19 Oklahoma Council of Administrative Hearing Officials; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Carolyn Guthrie (405) 271-1269 Ext. 56212 21 Oklahoma Bar Foundation New Trustee Orientation; 10:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy (405) 416-7070 Oklahoma Bar Foundation Trustee Meeting; 1 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy (405) 416-7070 22 OBA Law-related Education We the People State Finals; 8:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Jane McConnell (405) 416-7024
Oklahoma Bar Journal Editorial Calendar
n April: n September: 2010 Law Day Bar Convention n December: Editor: Carol Manning Editor: Carol Manning Ethics & Professional n May: n October: Responsibility Real Estate and Title Law Labor and Editor: Pandee Ramirez Editor: Thomas E. Kennedy Employment Law [email protected] [email protected] Editor: January J. Windrix Deadline: Aug. 1, 2010 Deadline: Jan. 1, 2011 [email protected] n August: Deadline: May 1, 2011 2011 Children and the Law n November: Editor: Sandee Coogan Environmental Law n January: [email protected] Editor: Emily Y. Duensing Meet Your OBA Editor: Carol Manning Deadline: May 1, 2011 [email protected] Deadline: Aug. 1, 2011 n February: Tort/Civil Litigation n December: Editor: Leslie Taylor If you would Ethics & Professional [email protected] Responsibility Deadline: Oct. 1, 2010 like to write Editor: P. Scott Buhlinger [email protected] n March: an article on Deadline: Aug. 1, 2011 Criminal Law Editor: Dietmar K. Caudle these topics, [email protected] contact the editor. Deadline: Jan. 1, 2011
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2507 FOR YOUR INFORMATION
Ceremony to Honor New OBA Membership Cards Justice Hargrave to be Mailed In honor of the retirement Y our current card expires Dec. 31, 2010. of Oklahoma Supreme Court Justice New bar cards will be mailed separately Rudolph Hargrave and not included with your 2011 dues statement. Look for the new cards in You are invited to a brief ceremony in the early December. Supreme Court Courtroom followed by a reception in the Grand Hallway of the Supreme Court Know a Creative Kid? Monday, Dec. 13, 2010 Oklahoma students in pre-kindergarten 2 – 4 p.m. through 12th grade are invited to enter the OBA’s Law Day art and writing contests with the opportunity of winning cash OBA Member Reinstatements prizes up to $500. The theme for this The following OBA members suspended year’s contest is “The Legacy of John for nonpayment of dues have complied Adams: Defending the Rights of the with the requirements for reinstatement, Accused,” and the contest deadline is and notice is hereby given of such Dec. 17. Maybe your child’s teacher would reinstatement: be interested in making this a class project? Complete details online may be found at Ronald Christopher Kaufman www.okbar.org/lawday. OBA No. 17657 5307 4582 Kingwood Dr., Ste. 197 Kingwood, TX 77345 Bar Center Holiday Hours Austin Smith The Oklahoma Bar Center will be OBA No. 17902 closed Nov. 11 for Veterans Day and 35 Fraiser Fir Place Nov. 25 and 26 for the Thanksgiving The Woodlands, TX 77389 holiday.
Supreme Court Elects New Leadership Justice Steven Taylor has been elected to serve a two-year term as chief justice of the Oklahoma Supreme Court. The justices elected Justice Taylor during a meeting Nov. 4 and selected Justice Tom Colbert as vice chief justice. Justice Taylor takes over from outgoing Chief Justice James Edmondson on Jan. 1. Justice Taylor served as a judge in McAlester for 20 years before being appointed to the state Supreme Court in 2004. He practiced law in McAlester from 1978-1984. In 1980, he was elected to the McAlester city council and in 1982 was elected mayor of Justice Steven Taylor McAlester. Justice Colbert was appointed to the Supreme Court in 2004. He was an assistant district attorney in Oklahoma County from 1984-1986, before entering private practice from 1986- 2000 when he was appointed to the Oklahoma Court of Civil Appeals. Justice Tom Colbert
2508 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 BENCH & BAR BRIEFS
Foundation, which fosters erald E. Durbin has and supports local inns. Gbecome a fellow of the American College of Trial heodore Haynes recently Lawyers. Tpublished a new book titled Growing Up Stories. The book is a quartet of humorous stories depicting life as seen everal Oklahoma attorneys through the eyes of the Afri- Swere honored by the Okla- can American author during homa Child Support Enforce- his preschool years in Ponca ment Association (OCSEA) at City during the 1930s and the recent Child Support 1940s. Appreciation Day in Norman. Recognized as Attorney of the onathan R. Grammer of ark Green was recently Year was Sharon Sitzman, JGrammer Land & Explora- Msworn in as the U.S. assistant district attorney, tion Corp. in Amarillo, Texas, attorney for the Eastern Dis- Norman, who oversees the was recently appointed to the trict of Oklahoma. Mr. Green Norman and Pauls Valley Board of Directors for the was an assistant U.S. attorney child support offices. Her Texas Alliance of Energy Pro- in the Muskogee-based office office in Pauls Valley also ducers. The board serves 3,000 from 1978 to 1982. In addition received the “Office of the members across the United to his time as a federal prose- Year” award. The OCSEA States and represents the oil cutor, he has been an alter- Member of Year award went and gas industry at both the nate judge for the city of to Clay Pettis, assistant state and federal levels. Muskogee since 2006 and a district attorney, Wewoka. alter Echo-Hawk Jr. public defender. He and an Receiving a President’s recently received a uncle, former U.S. Attorney John M. Sharp W Award was , Governor’s Commendation Robert “Bruce” Green, managing attorney, Tulsa of Excellence Award in rec- formed the Green and Green West Child Support. Special ognition of his professional law partnership, which oper- guest speakers included contributions to indigenous ated from 1983 to 1991. He Howard Hendrick , Okla- cultures throughout the was a part-time prosecutor homa Department of Human nation. For three decades, for the Bureau of Indian Services director. he has sought to empower Affairs in Oklahoma from ongratulations to the Ada Native Americans through 1991 to 1994 and an assistant CHigh School mock trial his legal work on tribal sover- district attorney for Musk- team and their attorney coach eignty and civil liberties. ogee County in 1978. Mr. Frank Stout, who traveled to Green received his J.D. ulsa lawyer Robert P. from OU in 1978. New York City, where they TRedemann has been elect- were invited to compete in ed to the American Bar Asso- ttorney General Drew the Empire City International ciation Tort Trial & Insurance AEdmondson announced Mock Trial Tournament at Practice Section’s Council. he will join GableGotwals as New York University in The council is the governing a shareholder in the firm’s October. body for the section. He will Oklahoma City office after his he American Inns of Court serve a three-year term, term in public office ends in Trecently appointed Judy which began in August. January 2011. Mr. Edmondson Hamilton Morse has served as the state’s attor- to serve on oger A. Grove and Carrie the executive committee of its ney general since his election R S. Hulett have been in 1994 and served as the national Leadership Council, recognized by Chambers which is made up of former president of the National and Partners as outstanding Association of Attorneys Gen- members of the Board of the energy and natural resources American Inns of Court eral from 2002-2003. Before lawyers in Oklahoma. his election as attorney gener-
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2509 al, Mr. Edmondson was elect- titures. He graduated with a Miller’s practice areas include ed to three consecutive terms B.B.A. in finance with distinc- general litigation and insur- as Muskogee County District tion from OU. ance defense with her current Attorney in 1982, 1986 and focus in workers’ compensa- 1990. He served as president ennings Cook & Teague of tion. She graduated magna of the Oklahoma District JOklahoma City announces cum laude from OU with an Attorneys Association and W. Brett Willis has joined undergraduate in finance and was selected as Outstanding the firm. Mr. Willis earned earned her J.D. from OU in District Attorney for the State his B.B.A. from OU in 1990 2009. She was the recipient of of Oklahoma in 1985 and the and his J.D. from OU in 1993. several competitive awards Outstanding Death Penalty He will practice in the areas and became a qualified media- Prosecutor in the 9th and 10th of products liability, insur- tor in Texas. Mr. Jeffrey focuses Circuits. He served one term ance bad faith and complex his practice on civil litigation in the Oklahoma Legislature civil litigation. and has expanded his work to before entering the TU Col- he Oklahoma Heritage include the representation of lege of Law in 1976. His TAssociation and Gaylord- employers and insurance com- undergraduate teaching Pickens Museum in Okla- panies before the Workers’ degree is from Northeastern homa City announces that Compensation Court. Prior to State University in Tahlequah. Tony A. Scott has joined as joining the firm, Mr. Jeffrey practiced with two other Okla- ableGotwals announces chief finance officer and in- house counsel, where he is homa firms where his practice GJohn T. Synowicki and included medical malpractice, Brandon M. Watson have responsible for the implemen- tation and monitoring of all health care litigation and rep- been named associates in the resenting automotive manu- firm’s Tulsa office. Mr. Syno- accounting practices and pro- cedures for the association facturers in products liability wicki is a 2010 graduate of claims. He completed his and museum. He earned an the Vanderbilt University undergraduate education at undergraduate degree in Law School, where he Howard University and accounting from East Central received the Thomas C. Banks obtained an M.B.A. in 2003 Award. While at Vanderbilt, University and law degree from the University of Phoe- he was a member of Phi Delta from OCU. nix. He earned his J.D. in 2006 Phi, chief justice of the law ray Walker PC of Tulsa from TU while also complet- school’s moot court board Pnamed Robert Mitchener ing his M.P.A. from OU. While and a member of the Jessup III as an associate. Mr. Mitch- in law school, Mr. Jeffrey Moot Court traveling team. ener graduated from the TU served as the executive editor He received his bachelor of College of Law with honors of the Tulsa Journal of Compara- arts in Spanish, history and in 2010. He served as a notes tive and International Law and international studies from and comments editor of the was vice president of the Black Dana College in Blair, Neb. Energy Law Journal, was a Law Student Association. Mr. Watson is a 2010 graduate member of Phi Delta Phi and of the OU College of Law. He arol J. Rolke has rejoined participated as a member of the firm of Alberts & was a member of Phi Delta the award-winning American C Phi and graduated with Associates located at 211 N. Association of Justice Trial Robinson, Suite 350N, Okla- honors. He was awarded Advocacy Team. Originally an American Jurisprudence homa City, 73102. She will be from Colorado, he graduated focusing on compliance and Award in oil and gas practice, from Colorado State Universi- and was elected to the edito- regulatory affairs for the ty in 2006 where he majored credit union industry as well rial board for the Oklahoma in finance and minored in Law Review. He served as a as assisting in all areas of a political science. He will work general practice firm. judicial extern for Judge Tim- primarily in the firm’s trial othy D. DeGiusti, U.S. district law group. cAfee & Taft announces judge for the Western District Mthat Michael K. Avery of Oklahoma. Prior to attend- errine, McGivern, Rede- has joined the firm as a litiga- ing law school, Watson was Pmann, Reid, Berry and tion associate. His practice employed with a Fortune 500 Taylor PLLC of Tulsa focuses on general civil litiga- oil and gas exploration and announces the addition of tion, including complex com- production company, work- Laura E. Miller and Antonio mercial litigation and appeals, ing in acquisitions and dives- L. Jeffrey as associates. Ms. as well as labor and employ-
2510 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 ment law. Prior to joining J.D. from OU. Ms. Legere is a los focuses her legal practice McAfee & Taft, he served as registered patent attorney on civil litigation, real estate, a law clerk for Judge Mary whose practice focuses on all business organizations and Beck Briscoe, chief judge of aspects of intellectual proper- transactions, estate planning, the U.S. Court of Appeals for ty law. She earned a J.D. from probates and guardianships. the 10th Circuit. Mr. Avery OU and graduated cum laude earned his bachelor’s degree with a bachelor’s degree in hillips Murrah of Okla- from OU, graduating summa electrical engineering from Phoma City announces Andrew R. cum laude. He then attended OSU. Mr. Mashaney’s practice the addition of Chilson Boston College Law School includes commercial transac- to its litigation where he served as articles tions, business law, real estate, department. A graduate of editor for the Boston College and healthcare regulatory and OCU School of Law, Mr. Chil- Law Review, graduated magna transactional matters. He grad- son’s law practice focuses on cum laude, and was named to uated with highest honors business and bankruptcy liti- the Order of the Coif. McAfee from the TU College of law, gation. Prior to becoming an & Taft also announces that where he was named to the attorney, he worked in the recent law school graduates Order of the Curule Chair and electronics and radar technol- Jared M. Burden, Brian A. served as editor of the Tulsa ogy field, first as a member Burget, John R. Chubbuck, Law Review. He also holds a of the U.S. Air Force and then Sasha Legere, Jared W. bachelor’s degree in political for the NEXRAD Weather Mashaney, Terra Lord Parten science-legal studies from the Radar Operations Center and Emily D. Wilson have University of Central Okla- in Norman. joined the firm as associates. homa. Ms. Parten’s practice ulsa law firm Norman Mr. Burden’s practice focuses includes commercial transac- TWohlgemuth Chandler & on commercial litigation, tions, corporate and securities, Dowdell has named Isaac R. including complex business real estate and healthcare law. Ellis and Cullen D. Sweeney litigation, and the counseling She holds a bachelor’s degree as associates with the firm. and defense of employers in in economics and Spanish Mr. Ellis graduated with hon- labor and employment dis- from the University of Kansas ors from the OU College of putes. He graduated with and graduated with highest Law in 2010, where he served highest honors from the TU honors from the OU College as articles editor for the Amer- College of Law, where he was of Law, where she served as ican Indian Law Review. Mr. named to the Order of the note editor of the Oklahoma Sweeney graduated from the Curule Chair and served as Law Review. Ms. Wilson’s OU College of Law in 2010, editor in chief of the Tulsa practice is concentrated in the where he served as managing Law Review. He holds a bach- areas of family wealth plan- editor for the American Indian elor’s degree and a master’s ning and general business Law Review. degree in classics from Texas transactions. She graduated Tech University. Mr. Burget’s summa cum laude with a aylor Cortright, formerly practice encompasses a broad B.B.A. in finance and a B.A. Tsenior attorney in the IRS range of business and com- in advertising from Southern Office of Chief Counsel, has mercial litigation, including Methodist University and joined KPMG’s Washington construction litigation, per- with high honors from the National Tax group as senior sonal injury, products liability OU College of Law. She was manager. She will focus on defense and Native American assistant managing editor of excise tax consulting. Ms. relations. He received both the Oklahoma Law Review. Cortright holds an LL.M. in his undergraduate degree and taxation from Georgetown J.D. from OU and served as ainey Martin LLP of Okla- University Law Center and business development editor Rhoma City announces that a J.D. from the OU College Jill Tsiakilos for the American Indian Law has joined the of Law. firm as an associate. Ms. Tsia- Review while in law school. Duane Riffe has Mr. Chubbuck is a transac- kilos received her J.D. from the University of Arizona in H. moved his practice. The tional attorney in the firm’s new address is Riffe & Asso- aviation practice group. He is 2003. She previously worked as an assistant attorney gen- ciates, Executive Center East, a certified pilot and flight 4606 S. Garnett, Suite 300, instructor who holds a bache- eral in the Litigation Division of the Office of the Oklahoma Tulsa, 74146; Telephone and lor’s degree in aviation man- fax numbers did not change. agement and a Attorney General. Ms. Tsiaki-
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2511 ornbeek Vitali & Brown (405) 231-4363 and patrick. hris A. Paul of Tulsa HPLLC of Oklahoma City [email protected]. Jeff A. Lee Cmade a presentation announces that Amber Brock has been named a trial attor- titled, “Case Study: Incident and Matthew Dowdell have ney. He will represent the Preparedness” at the Associa- become associates with the EEOC in cases filed in a geo- tion of Oil Pipe Lines 2010 firm. Ms. Brock received her graphic region that includes Annual Business Conference bachelor of science from OSU Oklahoma, Kansas, Nebraska, in Atlanta in September. in 2006 and her J.D. from TU Missouri and southern Illi- ohn D. Rothman of Tulsa in 2009. Mr. Dowdell received nois. A 1989 graduate of OCU presented to the Association his bachelor of arts from law school, Mr. Lee was a J of Attorney-Mediators Ad- Christian Brothers University senior trial attorney for the vanced Mediator Training in 1998 and his J.D. from TU Oklahoma Education Associa- Meeting held in September in 2004. They will both focus tion before moving to the in Houston on the topic of their practices in the firm’s EEOC. He may be reached at “Thorny (and Common) Ethi- civil litigation department. (405) 231-4375 and jeff.lee@ cal Dilemmas in Mediation.” They may be reached at eeoc.gov. Michelle M. Rob- [email protected] and ertson has accepted a position erbert Joe of Dallas, [email protected]. as an administrative judge. HTexas, was a guest speak- She will hear federal employ- er at the eighth annual Foren- ark D. Brown and ee EEO cases in Oklahoma, sics Seminar in Dallas last Margo M. Brown of M Kansas, Nebraska, Missouri month. His topic was “The Brown & Brown PC have and southern Illinois. A 1991 Forensic Analyses of Audio relocated their practice and graduate of the OU College and Video Evidence.” joined the firm of Ramsey of Law, Ms. Robertson was a & Gray PC as of counsel. senior trial attorney for the How to place an announce- ignato, Cooper, Kolker & EEOC before moving to the ment: If you are an OBA mem- PRoberson PC announces hearings unit. She may be con- ber and you’ve moved, become that Dearra R. Godinez and tacted at (405) 231-5843 and a partner, hired an associate, Molly E. Raynor have joined [email protected]. taken on a partner, received a the firm as associates. Ms. promotion or an award or giv- Godinez is a 2010 graduate en a talk or speech with state- of OCU School of Law. Ms. wide or national stature, we’d Raynor is a 2010 graduate like to hear from you. Informa- of Southern Methodist Uni- tion selected for publication is versity Law School. Both printed at no cost, subject to will practice in the area of editing and printed as space general insurance defense. permits. Submit news items (e-mail strongly preferred) in he U.S. Equal Employ- avid A. Trissell recently writing to: Tment Opportunity Com- Dparticipated in a panel mission announces two new debate at the Belgian Ministry Melissa Brown additions and a promotion in of Defence with European Communications Dept. its St. Louis district, Okla- Union military and disaster/ Oklahoma Bar Association homa area office. Patrick J. civil protection officials. He P.O. Box 53036 Holman recently accepted a discussed how FEMA coordi- Oklahoma City, OK 73152 position as a trial attorney. A nated the use of the military (405) 416-7017 2006 graduate of OCU School in support of civilian opera- Fax: (405) 416-7089 or of Law, he was an associate tions for disasters and other E-mail: [email protected] attorney for the Eddy Law emergencies. He currently Articles for the Dec. 11 issue Firm PC before accepting serves as FEMA/DHS Atta- must be received by Nov. 22. employment with the EEOC. ché to the U.S. Mission to the He may be contacted at EU in Brussels, Belgium.
2512 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 In Memoriam: Justice Marian P. Opala
Oklahoma Supreme Court Justice Marian P. Opala of Warr Acres died Oct. 11. He was born Jan. 20, 1921, in Lodz, Poland. When World War II began in 1939 with the German inva- sion of his country, he was an 18-year-old law student at the University of Warsaw. During the war, he joined the Polish Home Army, and later served as an infantryman and inter- preter in the British Army-Polish Forces in Turkey, Pales- tine, Egypt, Ethiopia, Italy, England and Poland. He was captured during the Battle of Warsaw in 1944, and subse- quently interned by the German army in a prisoner-of-war camp in Bavaria. Shortly after American forces liberated the camp in the spring of 1945, he met U.S. Army Captain Gene Warr of Oklahoma City, who was a member of the 45th Infantry Division. Justice Opala and Captain Warr quickly developed a strong friendship, which both described as something more akin to brotherhood. This relationship eventually led 1921 - 2010 to a new life for Justice Opala in the United States. After the war ended in 1945, he continued to serve in the British Army. In 1947, he immigrated to the U.S. with the help of Gene and C.B. Warr. U.S. Sen. Mike Monroney agreed to help him at the request of the elder Warr, and as a longtime friend of President Harry Truman, Sen. Monroney was able to secure an immigrant’s visa for Justice Opala. He settled in Oklahoma City to be near the family that sponsored him and became an American citizen in 1953. Justice Opala earned two degrees from OCU, one in law in 1953, and another in economics in 1957. OCU later awarded him an honorary doctorate in law in 1981. He earned a master’s in law in 1968 from New York University, and later attended many summer conferences on the history of Anglo-American law in universities throughout Great Britain. He served as an assistant county attorney for Oklahoma County from 1953-1956. He was in private practice in Oklahoma City from 1956-1960, and he served as a referee of the Oklahoma Supreme Court from 1960-1965. He practiced law with the firm of Fenton, Fenton, Smith, Reneau & Moon from 1965-1967, and worked as a staff lawyer for Oklahoma Supreme Court Justice Rooney McInerney from 1967-1968. Justice Opala became the first administrative director of the Oklahoma Court System in 1968 and served in that capacity until 1977. The same year, Gov. David Boren appointed him to the Oklahoma Workers’ Compensation Court, and then to the Oklahoma Supreme Court in 1978. He served as chief justice from 1991-1992. When he passed away, Justice Opala had served on the court for 32 years. Justice Opala taught law on a part-time basis for 50 years in the state’s three law schools. He was also frequently invited to speak at law schools and various legal forums throughout the country. He was the author of numerous legal papers, and he was the recipient of many awards and hon- ors. He was inducted into the Oklahoma Hall of Fame in 2000. Justice Opala is known for his devotion to the First Amendment, which he attributed to his expe- riences in Nazi-occupied Europe. Freedom of Information Oklahoma presents the “Marian Opala First Amendment Award” each year to an Oklahoman who has defended the freedom of speech. Memorial donations may be made to All Souls’ Episcopal Church at 6400 N. Pennsylvania Ave., Oklahoma City, 73116, or to the Justice Marian P. Opala Endowed Scholarship Fund at the OU College of Law.
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2513 IN MEMORIAM
ugene Dale Daubert of the University of Vermont, Yvonne Mayer at P.O. Box ETulsa died Oct. 11. He was attention: Joan Cook, De- 702035, Tulsa, 74170-2035. born July 26, 1941, in Great- velopment and Alumni oger McCoin bend, Kan. He graduated Relations, 411 Main St., of Okla- from the TU College of Law Burlington, Vt., 05401. Rhoma City died Oct. 8. in 1969 and was a longtime He was born March 23, 1951. resident of Tulsa before he rank J. Kamas of Wichita, He graduated from the OU moved to North Dakota, FKan., died Aug. 24. He College of Law in 1984. was born Dec. 11, 1954, in Montana and Colorado. ack E. Naifeh Wichita, and he graduated of Tulsa died ohn William Howard of from Wichita High School JAug. 31. He was born Feb. JTulsa died Aug. 19, 2010. East in 1972. He earned his 11, 1921. He was raised in He was born May 12, 1916. bachelor’s degree in political Broken Arrow, graduating An early career as a reporter science from Fort Hays State from high school in the late He served in the Army for the Brattleboro Daily University and went on to 1930s. Air Corps during World War Reformer in Vermont was earn a law degree from Oral II where he received two interrupted in 1942 by World Roberts University in 1985. purple hearts as well as War II. He was assigned to a He practiced law in Wichita other commendations. theater headquarters commu- for the last 25 years. His pas- He nication team, subsequently sions included hunting, fish- owned Naifeh’s Grocery on serving as a communications ing, flying and being with his Main Street in Broken Arrow officer in Hollandia, New friends. He was a fun-loving, with his brothers after World Guinea, and later at Manila, free spirit who lived to help War II. He received his bache- Philippines. He was honor- people. Memorial contribu- lor’s degree in business ably discharged from the tions may be sent to the administration and his law Army in 1946 with the rank American Heart Association, degree from the University of of first lieutenant. He gradu- 3816 Paysphere Circle, Tulsa. As a proud TU alumnus ated with a B.A. in political Chicago, Ill., 60674. as well as a contributor and science and economics from supporter of TU athletics, he the University of Vermont in homas Richard Mayer of attended TU football and 1949. In 1952, he received his TTulsa died Oct. 20. He was basketball games for over 60 juris doctorate degree from born Oct. 28, 1941, in Clinton, years. At last year’s TU/OU Yale Law School, and he com- Iowa. He received his bache- football game in Norman, he pleted the Advanced Manage- lor of arts in Russian from the was recognized on the field at ment Program Graduate University of Iowa. He served halftime for his decades of School of Business at the Uni- the U.S. Air Force in intelli- loyalty and support. He was a versity of Virginia in 1969. He gence. In 1971, he received a lifelong member of the VFW joined Standard’s Exploration law degree from the Universi- where he held local, state and and Production subsidiary in ty of Iowa. He was state national offices including state Tulsa in 1952, becoming its ombudsman in Iowa and had commander and national general attorney in 1970. He law practices in Iowa and judge advocate. Memorial served on Amoco Produc- Oklahoma. He also graduated contributions may be made tion’s Board of Directors and from Victory Bible Institute in his name to VFW Post 577, its Management Committee. in Tulsa and Victory World 1109 E. 6th St., Tulsa, 74120. Mission Training. He taught In 1973, he transferred to irk Baxter Pyle of Tulsa Standard Oil, the parent com- Russian at Oral Roberts Uni- versity and taught at the wor- Kdied Aug. 12. He was pany in Chicago, as general born May 12, 1926, in Eufau- attorney, retiring in 1981. An ship school at Victory Bible Institute. He also taught law la, graduating from Eufaula avid adventurer, he traveled He classes for Kaplan University. High School in 1944. to all seven continents, visit- enlisted in the U.S. Navy Mr. Mayer and his wife were ing more than 100 countries. and was honorably dis- involved in many charitable He also loved skiing and sail- charged in 1946. causes and missions, and the He then ing. Memorial contributions attended the University of may be made to the John W. family asks that memorial contributions be sent to Missouri, later transferring to Howard Scholarship Fund at OU and received a degree in
2514 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 IN MEMORIAM
engineering. He joined the enrolled in the Spartan School a member of the U.S. Army U.S. Army Air Corps in 1948, of Aeronautics in Tulsa. He in Germany in the early and subsequently trans- earned an art degree and a 1950s. After returning from ferred to the newly estab- law degree from TU. He prac- service overseas, he worked lished U.S. Air Force where ticed family law in down- for Phillips Petroleum, and he gained the rank of major. town Tulsa for decades. He later joined the Travelers As a pilot he flew military was a great dancer and loved Insurance Co. as a staff attor- personnel around Europe music (be-bop, Sinatra, Herb ney specializing in workers’ and to and from the United Alpert), wine, fine meals, compensation. He worked for States. He retired as a major baseball (Red Sox) and good Travelers until his retirement from the Air Force in 1966. friends. For years he took his in 1990. In retirement, he For the next 13 years he family to Oilers (later Drill- enjoyed spending time with worked for the Department of ers) games, and he had a his children and grandchil- Defense as a program analyst monthly poker party with dren and traveling the in Washington, D.C. During his buddies. He was active in country and globe. that time, he graduated from the Tulsa Greek community. elda Jean Niehaus George Mason School of Law Memorial contributions may (DoRemus) Torkelson and was licensed to practice be made in his memory to the N of Tulsa died Oct. 3. She was law in Virginia in 1978. He John R. Sakelarios Scholar- born Nov. 20, 1927, in Enid. was a practicing attorney in ship Fund, which benefits She was an educator in the Virginia and Oklahoma until Lowell High School gradu- Tulsa Public School system his appointment as a district ates in remembrance of from 1959 until she was the judge for Pittsburg and Mc- Spike’s nephew in Lowell. first person hired when Tulsa Intosh counties in Oklahoma. Contributions may be sent to Junior College, now TCC, After 16 years, he retired the attention of Angelo Sake- was established. She changed from judicial service in 1994. larios, 4 Robin Hill Road, many lives in her role as Memorial donations may be Chelmsford, Mass., 01824. developer of the “Second made to Tulsa Boys’ Home or ohn (Jack) W. Sund Flight” program for older stu- the Alzheimer’s Association. of JOklahoma City died Oct. dents at TJC. She received her piros (Spike) J. Sakelaris 22. He was born March 29, law degree from TU in 1982. Sof Tulsa died May 2. He 1928, in Chicago. His family She was athletic as an avid was born May 18, 1920, in lived in Chicago, Wisconsin skier, runner and bicyclist, Lowell, Mass. He joined the and Omaha, Neb., before and played softball and bas- U.S. Army Air Corps, serv- moving to Oklahoma City in ketball in school and was a ing in World War II as an air- 1946. He earned a bachelor’s wonderful cook. craft mechanic in the Pacific. degree and law degree from He returned to Lowell then OU. He served his country as
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2515 The University of Oklahoma College of Law is excited to launch an extensive hiring campaign to recruit top-flight faculty in the next several years. Over the past decade, the law school has built world-class facilities, attracted exceptional stu- dents, and dramatically increased endowed fac- ulty positions and resources. With a new dean, we are committed to building on this momentum and this year seek to hire up to three faculty can- didates for tenure-track or tenured positions. We have particular curricular needs in Contracts, Criminal Law and Procedure, International Law, Skills, and upper-level courses in these areas. In addition, we invite highly-qualified applicants regardless of field. As an equal opportunity employer, the University of Oklahoma encour- ages applications from women, members of minority groups, and others who would further diversify our faculty. Applicants should possess a J.D. or equivalent academic degree, strong aca- demic credentials, and a commitment to excel- lence in teaching and scholarship. Application ANNUAL OCU LAW ALUMNI & FRIENDS LUNCHEON review will begin immediately but the positions during the will remain open until filled. Please contact Kath- eleen Guzman, Chair of Faculty Appointments Oklahoma Bar Association Annual Meeting Committee, University of Oklahoma College of Law, 300 Timberdell Rd., Norman, OK 73019 [[email protected]]. Wednesday, November 17, 2010 The Summit 15 W. 6th Street, 30th floor, Tulsa, Oklahoma To RSVP call (405) 208-5197 Associate Supreme Court Judge: The Kickapoo or e-mail [email protected] Tribe of Oklahoma is seeking an experienced applicant to represent the Supreme Court Justice. The responsibility will be to hear appeals resulting Hon. Carol Hansen ’74 from all final orders or judgments rendered by the Justice Marian P. Opala Award Tribal District Court. This appointment is for five for Lifetime Achievement in Law Award (5) years. QUALIFICATIONS: Robert Ravitz ’76 Brandon Long ’04 Distinguished Law Alumnus Outstanding Young Alumnus A Supreme Court Justice shall possess the following: Gable Gotwals Dan Correa ’11 - An enrolled member of the Tribe, or Law Firm Mark of Distinction 2011 Outstanding Law Graduate - An Attorney, or - An individual who physically resides within Featured Speaker the jurisdiction of the Kickapoo Tribe of Oklahoma, or Rebecca Brown - A graduate of an American Bar Association Policy Advocate, Innocence Project accredited Law School approved by the Kicka- poo Tribe of Oklahoma Supreme Court, or “Leading the Way: OCU LAW's Role - An advocate who has practiced before the in Addressing Wrongful Convictions in Oklahoma” Trial Court on a regular basis for more than two (2) years as member of the Court bar. Contact Information: Rochelle Murdock, Court Clerk P.O. Box 1310 McLoud, OK 74851 OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW Ph: 405-964-4136 Fax: 405-964-2744 http://law.okcu.edu
2516 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 1 CLASSIFIED ADS
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Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2517 POSITIONS AVAILABLE POSITIONS AVAILABLE
LESTER, LOVING & dAVIES PC, an AV-rated law SMALL LITIGATION FIRM practicing in all areas of firm, seeks an associate with minimum 5-7 years liti- law seeks associate with 1 – 3 years experience. Mail gation experience. Send resume to Lester, Loving & your resume to 6005 Chestnut Court, Edmond, OK Davies PC, 1701 South Kelly Ave., Edmond, OK 73013. 73025.
THE UNIVERSITY OF OKLAHOMA COLLEGE OF AV RATED OKC INSURANCE dEFENSE LITIGA- LAW Director of Legal Research, Writing and Advoca- TION FIRM seeks associate with 3-5 years experience. cy: The University of Oklahoma College of Law seeks a Salary commensurate with experience. Please send re- Director of Legal Research, Writing and Advocacy. The sumes to “Box F,” Oklahoma Bar Association, P.O. Box director administers and leads the college’s Legal Re- 53036, Oklahoma City, OK 73152. search, Writing and Advocacy Program, which includes BARNUM & CLINTON, Norman, is accepting applica- three other full-time legal writing professors. In addition tions for an attorney with litigation experience (3-5 to acting as administrator for the program, the director years preferred) in workers’ compensation defense teaches two sections of the two-semester legal writing and/or general civil litigation. Please send resume, sal- course for first year law students (45 students). The direc- ary history and writing sample, by e-mail to cbarnum@ tor may teach one or two additional courses based on the coxinet.net. successful candidate’s qualifications, interests and the College of Law’s curricular needs. The director trains and ASSISTANT dISTRICT ATTORNEY needed in Coal orients new legal writing faculty members; participates County. Seeking a licensed attorney with 0-3 years ex- in the orientation program for incoming first-year law perience who desires a career in criminal prosecution. students; with the other legal writing faculty, prepares Send resume with cover letter to: District Attorney Em- the syllabi and the common writing problems used by ily Redman, 117 North Third St., Durant, OK 74701 or all sections; chairs weekly meetings of the legal research fax to (580) 924-3596. and writing faculty to discuss class content, teaching ASSISTANT ATTORNEy gENERAL, Criminal Ap- methods and related questions; handles student issues peals Section. Licensed attorney with zero to three related to the legal writing program; coordinates with years experience. Attorney will represent the state in the director of competitions to organize the first-year criminal appellate cases before the Oklahoma Court of Moot Court program and oversees the selection of legal Criminal Appeals, representing prison wardens in fed- writing award and prize recipients. As chair of the Legal eral habeas actions. Excellent research and writing Writing Committee, the director participates in evaluat- skills. Accomplished oral advocacy skills. See website ing the performance of the legal writing faculty and in at www.oag.ok.gov for more details. Send resume and screening candidates for legal writing positions. The di- writing sample to W.A. drew Edmondson, Attorney rector may be assigned additional administrative duties, General, 313 N.E. 21st St., Oklahoma City, OK 73105. including responsibility for the College of Law’s pro bono Salary commensurate with experience in accordance and public interest program, based on need and success- with the office pay scale. EOE ful candidate’s experience and interests. The College of Law seeks candidates with a Juris Doctor from an ABA NORTHEASTERN OKLAHOMA LAW FIRM SEEKS accredited law school, a distinguished academic record, ATTORNEY with 2-5 years experience in real property and a serious commitment to students. The successful law, real estate transactions, oil and gas and appearing candidate will report directly to the dean and, after a pro- in court. Landman experience is also helpful. Send bationary period, will be eligible for a renewable, five- resume and writing sample to “Box D,” Oklahoma Bar year appointment at the assistant professor level. Salary Association, P.O. Box 53036, Oklahoma City, OK 73152. commensurate with experience. Applicants should sub- mit a resume, references and cover letter to Professor IMMEDIATE AVAILABILITY FOR TWO LEGAL AS- Randall T. Coyne, Chair of the Search Committee, at the SISTANTS with newly-formed busy NW OKC civil University of Oklahoma College of Law, 300 Timberdell litigation firm of established attorneys. Successful Road, Norman, OK 73019 or fax to (405) 325-0389. Ap- candidates will have a minimum of five years heavy plications will be considered if received by Nov. 16, litigation experience, stable employment history and 2010, or until the position is filled. The University of demonstrated willingness to work. Salary commensu- Oklahoma College of Law is an Equal Opportunity/ rate with qualifications. Plaintiff’s personal injury Affirmative Action Employer. and/or domestic experience preferred, but not re- quired. Only those candidates who meet these criteria SENIOR TRIAL ATTORNEY: Allstate Insurance Com- need apply. Please fax resume to (405) 810-9901. pany is seeking a trial attorney for our staff counsel CIVIL LITIGATION AND BANKRUPTCY ATTORNEY office in Tulsa. Five years litigation/trial experience POSITIONS in mid-size AV Tulsa firm. Prefer 3-5 years required. Oklahoma bar admission required. Insur- experience and capable of taking on an active caseload. ance or personal injury experience a plus. Members of Please send resume to “Box N,” Oklahoma Bar Associ- the Allstate Team enjoy a customizable benefits plan, ation, P.O. Box 53036, Oklahoma City, OK 73152. generous paid time away, an excellent 401K plan, a defined benefit pension plan and much more! Apply online at www.allstate.jobs, reference job number search 000ATX. Allstate is proud to be an Equal Op- portunity Employer.
2518 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010 POSITIONS AVAILABLE FOR SALE
ASSOCIATE ATTORNEY POSITION OPEN in small ONLY 2 dOCKABLE WATERFRONT LOTS LEFT in Norman law firm. duties will include litigation in “The Coves” on South grand Lake. 100’ duck Creek state and federal courts, including bankruptcy, civil water frontage, 1/2 acre. No building restrictions or litigation, family law, personal injury, estate planning monthly dues, $350,000 each. (918) 510-4377. and probate. One to five years experience required. Full-time position M-F 8:30-5. Competitive salary and FOR SALE: 1509 S. BALTIMORE: Concrete storage benefits. Please fax resume with cover letter and sala- building: secure, indestructible, reinforced $120,000. ry requirements to (405) 360-6990 or e-mail to dpope@ Zoned CH, 48’ x 30’ with 10’ ceilings (918) 510-4377 or pope-law.com. (918) 510-3937.
POSITION WANTED CLASSIFIED INFORMATION RETIRED, LICENSED OKC ATTORNEY SEEKING LE- CLASSIFIED RATES: One dollar per word per inser- GAL ASSISTANT POSITION that requires a highly moti- tion. Minimum charge $35. Add $15 surcharge per is- vated, self-sufficient, knowledgeable, experienced and sue for blind box advertisements to cover forward- skilled individual in the operation of a law office or cor- ing of replies. Blind box word count must include “Box porate law department. Law Review, Top 10%. Will do ____ , Oklahoma Bar Association, P.O. Box 53036, Okla- anything from routine paralegal duties to assisting busy homa City, OK 73152.” display classified ads with bold attorneys with appropriate legal work. do not require headline and border are $50 per inch. See www.okbar.org for issue dates and Display Ad sizes and rates. health or related benefits. Salary negotiable, commen- surate with expected tasks. E-mail [email protected] or DEADLINE: Tuesday noon before publication. Ads must be call (405) 947-4868. prepaid. Send ad (e-mail preferred) in writing stating number of times to be published to: Jeff Kelton, Oklahoma Bar Association FOR SALE P.O. Box 53036, Oklahoma City, OK 73152 E-mail: [email protected] UPTOWN OFFICE (CONDOS) FOR SALE, 1511 S. Bal- timore. Zoned CH, refurbish to suit, 10’ ceilings, 1,000 Publication and contents of any advertisement is not sq. feet, 7 rooms, travertine bath and half, granite kitch- to be deemed an endorsement of the views expressed en, gas log fireplace, hardwood floors, excellent sign therein, nor shall the publication of any advertisement be considered an endorsement of the procedure or ser- frontage. Located across the street from the Tulsa Coun- vice involved. All placement notices must be clearly non- ty Bar Association bldg. $150,000 (918) 510-4377. For discriminatory. slideshow www.heitgrasshomes, Uptown Lofts. www.okbar.org Your source for OBA news.
At Home At Work And on the Go
Vol. 81 — No. 29 — 11/6/2010 The Oklahoma Bar Journal 2519 THE BACK PAGE
The Crash By A. Donald Mileur
In January 1956, I joined the appellate sec- Two-thirds of the way through the argu- tion, lands division of the Department of ment, I became so impressed with the Justice in Washington, D.C. That fall, I had power of my delivery that I made a sweep- written the brief and was to go to Richmond, ing gesture with my right hand and struck Va., to present my the water glass. first appellate argu- The water glass ment. It was before tumbled to the floor that most gracious and splintered in a of all courts, the hundred pieces. U.S. Court of Ap- Somewhat subdued, peals for the 4th I managed to finish Circuit. Southern my oral argument. hospitality shone When the judges through in the way came down from the they handled oral bench, I was fully arguments. apologetic and made Among other offers to get a broom things, as each and mop to clean up attorney rose to the mess, and pay make his presenta- for the broken crystal. With true southern tion, a water glass of the finest crystal was hospitality my offers were refused, and placed on a small table next to the podium. I was told not to concern myself. It would be At the end of oral argument, the appellate taken care of. judges came down from the bench to shake If you want to see the result of the case, hands with counsel. it can be found in Nunnally v. United States, I was representing the United States as 239 F. 2d 521. appellee. My turn came, and I approached the podium with all the seriousness of a Mr. Mileur is retired and lives in Rush Springs. young lawyer making his first argument.
2520 The Oklahoma Bar Journal Vol. 81 — No. 29 — 11/6/2010
Stubborn cases are our specialty. With a success rate of better than 90 percent, we know how to get your case tomove .
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Nationwide 800-372-7540 Oklahoma City 405-228-0300 Tulsa 918-382-0300
Joseph H. Paulk, President