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Volume 85 u No. 8 u March 15, 2014 ALSO INSIDE • Solo & Small Firm Conference • Legislative Update • OBA Day at the Capitol MEMBER BENEFIT Go. Travel discounts for OBA members Avis Car Rental Hertz Car Rental Reference code Discount number A674000 CDP 0164851 Avis toll-free Hertz toll-free 800-831-8000 800-654-3131 www.avis.com www.hertz.com Colcord Hotel Go Next Downtown Oklahoma City International Travel Group rates available $149/night Deluxe King, Deluxe Double Airfare from either Oklahoma City or $179/night Superior Corner King $279/night Colcord Suite Tulsa, accommodations, transfers, breakfast buet and other 866-781-3800 amenities included. Mention that you are an OBA member ZZZ*R1H[WFRP www.colcordhotel.com access code OKBR. )RUPRUHPHPEHUSHUNVYLVLWZZZRNEDURUJPHPEHUVPHPEHUVEHQHÀWV Vol. 85 — No. 8 — 3/15/2014 The Oklahoma Bar Journal 513 514 The Oklahoma Bar Journal Vol. 85 — No. 8 — 3/15/2014 Theme: Business Litigation Editor: Mark Ramsey contents March 15, 2014 • Vol. 85 • No. 8 pg. 588 OBA Day at the Capitol DEPARTMENTS 516 From the President 556 Editorial Calendar 588 From the Executive Director 589 Ethics/Professional Responsibility 591 Oklahoma Bar Foundation News 595 OBA Board of Governors Actions 597 Access to Justice 599 Young Lawyers Division 601 Calendar 603 For Your Information FEATURES 608 Bench and Bar Briefs 519 Concurrent ‘Alter-Ego’ Claims: 610 In Memoriam Oklahoma Leads the Nation in 612 What’s Online Extending Protection to 616 The Back Page Shareholders, Officers and Directors By John D. Stiner 527 But It’s Mine: The Signer Versus Joint Owner Problem with Bank Accounts By Brandee Hancock 531 The Court of Competent Jurisdiction: Is that Your Final Answer? By Spencer C. Pittman 537 Residential Construction Defect Cases in Oklahoma By Douglas J. Shelton and Brianna Tipton pg. 577 547 Mind Your Business… Records: Advising Small Business Clients Solo & Small Firm Conference on Maintaining Thorough Business Records PLUS By Jeremy E. Melton 574 Proposed OBA Master Lawyers 553 Doing Business in Indian Country: Section: Potential Services and The Legal Issues That May Arise Benefits When Conducting Business With 577 Solo & Small Firm Conference Indian Tribes and Tribal Business By Jim Calloway Entities By O. Joseph Williams 583 OBA Open: Scramble Golf Tournament 559 The New Administrative Workers’ Compensation System 585 Legislative Update By K. David Roberts By Duchess Bartmess Vol. 85 — No. 8 — 3/15/2014 The Oklahoma Bar Journal 515 FROM THE PRESIDENT Masters of the Oklahoma Bar Association By Renée DeMoss It happens before you know it. One minute you’re positive one. We must provide a fresh out of law school, and the next, right around your 50th system that capitalizes on the expe- birthday, you are reluctantly pulling that invitation to join the rience and energy of our senior AARP out of your mailbox. Old? Who me? No way! lawyers — and treats them with Aging, however, is an inevitable fact of each of our lives, and respect and dignity. At the same the life of our bar association. Between 1997 time, the OBA has a duty to protect and 2007, the number of American workers 65 the public when older years and older increased by 101 percent. lawyers should step Among the lawyer population, 25 percent were We must down from active prac- age 55 and older in 1980, but by 2005, the per- provide a tice but continue to work. centage had increased to 34 percent. In the next system that Enter the Master Law- 10-15 years, Oklahoma is expected to see a sig- yers Section of the OBA. nificant rise in the number of attorneys over capitalizes on NEW SECTION age 65 who are still engaged in the practice of the experience PROPOSED law. and energy of The proposed Master OBA members, like other American workers, our senior Lawyers Section is de- take a number of different approaches to work signed to explore and and retirement. Some will retire as soon as they lawyers — and develop programs that are financially able. Others, after 40-50 years of treats them will enhance and im- practice, don’t want to stop working complete- with respect prove the working and ly, but also don’t want to continue dealing with retirement lives of senior the details of an active practice, such as track- and dignity. lawyers, maximize ser- ing hours worked. Others are determined to vices to their clients and remain in the work force until death. others, and provide a Getting older — and the accompanying wealth of experi- forum for addressing any particu- ence and knowledge that comes with it — is something to be lar issues that arise. Possibilities proud of and put to its highest use. Many senior lawyers can include mentoring and pro bono continue to practice with ease. Other active senior lawyers work, assisting attorneys who are who want to move toward a more leisurely winding down their practices and practice have a variety of different ways to education on substantive areas of use their accumulated legal knowledge. law as well as issues unique to Some older lawyers, however, will face senior lawyers. issues that could render them unable to con- Thanks to my good friend Ron tinue working and adequately represent Main, a premier master lawyer in their clients. Age-related health problems Tulsa, a petition to create this new can cause legal skills to decline, mental acu- section is currently being circulated ity to deteriorate, and even affect a lawyer’s for signatures, and a working group ability to even recognize that he or she is has been established to explore the impaired. In many cases, colleagues, clients, many opportunities for the master judges and even family members are reluc- lawyers of the OBA. I hope you will tant to intervene. whole-heartedly support this new President DeMoss practices in Tulsa. The increasing number of Oklahoma law- OBA section. [email protected] yers who will work well into their senior Read about the section’s potential 918-595-4800 years will have an impact on our associa- services and benefits on page 574. tion, and we must ensure that impact is a 516 The Oklahoma Bar Journal Vol. 85 — No. 8 — 3/15/2014 OFFIC ERS & BOARD OF GOVERNORS Renée deMoss, President, Tulsa david A. Poarch Jr., President-Elect, Norman Susan S. Shields, Vice-President, Oklahoma City EVENTS CALENDAR James T. Stuart, Immediate Past President, Shawnee deirdre O’Neil dexter, Sand Springs MARCH 2014 Robert d. Gifford II, Oklahoma City Kimberly Hays, Tulsa 17 OBA Litigation Section meeting; 12 p.m.; Oklahoma Bar Center, douglas L. Jackson, Enid Oklahoma City with OSU Tulsa, Tulsa; Contact David VanMeter 405-228-4949 John W. Kinslow, Lawton James R. Marshall, Shawnee 21 OBA Professional Responsibility Commission meeting; 9:30 a.m.; Nancy S. Parrott, Oklahoma City Oklahoma Bar Center, Oklahoma City; Contact Dieadra Goss 405-416-7063 Kevin T. Sain, Idabel Bret A. Smith, Muskogee OBA Board of Governors meeting; 10 a.m.; Oklahoma Bar Center, Richard d. Stevens, Norman Oklahoma City; Contact John Morris Williams 405-416-7000 Linda S. Thomas, Bartlesville 24 OBA Juvenile Law Section meeting; 4 p.m.; Oklahoma Bar Center, Kaleb Hennigh, Enid Oklahoma City with teleconference; Contact Tsinena Thompson 405-232-4453 Chairperson, OBA/Young Lawyers Division 25 OBA Day at the Capitol; 10 a.m.; Oklahoma Bar Center/Oklahoma State BAR CENTER STAFF Capitol; Contact John Morris Williams 405-416-7000 John Morris Williams, Executive Director; Gina L. Hendryx, General Counsel; Jim Calloway, Ruth Bader Ginsburg Inn of Court; 5 p.m.; Oklahoma Bar Center, Director of Management Assistance Program; Oklahoma City; Contact Donald Lynn Babb 405-235-1611 Craig d. Combs, Director of Administration; Susan damron Krug, Director of Educational 26 OBA Financial Institutions and Commercial Law Section meeting; Programs; Beverly Petry Lewis, Administrator 12 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa, Tulsa; Contact MCLE Commission; Carol A. Manning, Director Eric Johnson 405-602-3812 of Communications; Travis Pickens, Ethics Counsel; Robbin Watson, Director of Information Technology; OBA Work/Life Balance Committee meeting; 12 p.m.; Oklahoma Bar Jane McConnell, Coordinator Law-related Education; Center, Oklahoma City with teleconference; Contact Sarah Schumacher Loraine dillinder Farabow, Tommy Humphries, 405-752-5565 debbie Maddox, Katherine Ogden, Steve Sullins, Assistant General Counsels; Tommy Butler, Tanner 27 OBA Women in Law Committee meeting; 12 p.m.; Oklahoma Condley, Sharon Orth, William Thames and Bar Center, Oklahoma City with TU College of Law, Tulsa; Contact Krystal Willis, Investigators Allison Thompson 918-295-3604 Manni Arzola, Jarrod Houston Beckstrom, debbie Brink, Emily Buchanan, Susan Carey, 28 Oklahoma Bar Foundation luncheon and meeting; 11:30 a.m.; Nickie day, dieadra Florence, Johnny Marie Oklahoma Bar Center, Oklahoma City; Contact Nancy Norsworthy Floyd, Matt Gayle, Brandon Haynie, Suzi 405-416-7070 Hendrix, Misty Hill, debra Jenkins, durrel Lattimore, Heidi McComb, Renee Montgomery, 1 OBA Government and Administrative Law Practice Section Larry Quinn, Lori Rasmussen, Wanda F. Reece, meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Tracy Sanders, Mark Schneidewent, Jan Contact Scott Boughton 405-717-8957 Thompson, Laura Willis & Roberta yarbrough 3 OBA Lawyers Helping Lawyers discussion group meeting; EDITORIAL BOARD 6 p.m.; Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Editor in Chief, John Morris Williams; News & Layout Editor, Carol A. Manning; Editor, Kim Reber [email protected] Melissa deLacerda, Stillwater; Associate Editors: OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; dietmar K. Caudle, Lawton; Emily duensing, University of Tulsa College of Law, John Rogers Hall, 3120 E. 4th Pl., Rm. Tulsa; Erin Means, Moore; Shannon Lee Prescott, Okmulgee; Mark Ramsey, Claremore; Judge 206, Tulsa; RSVP to Kim Reber [email protected] Megan Simpson, Buffalo; Leslie Taylor, Ada; For more events go to www.okbar.org/calendar Judge Allen J.
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    • An Independent JournAl of CommentAry • JANUARY 2017 • VOLUME 49 NUMBER 1 • $5.00 Mr. Pruitt Goes To Washington A Fringe Ideologue’s Improbable Journey From Back-Bencher To Presidential Cabinet – Cover story begins on page 24 Observations www.okobserver.net Welcome! VOLUME 49, NO. 1 With this, the first issue of our 49th year as Oklahoma’s premier jour- PUBLISHER Beverly Hamilton nal of free voices, The Observer welcomes nearly 200 new readers – EDITOR Arnold Hamilton many joining us thanks to the generosity of loyal subscribers who re- sponded to our annual holiday gift campaign. DIGITAL EDITOR MaryAnn Martin As way of introduction, you’ll soon discover The Observer is the antith- FOUNDING EDITOR Frosty Troy esis of the state’s lockstep, conservative mainstream media. While they shamelessly trumpet the interests of the deep-pocketed, silk-stocking ADVISORY BOARD 1%, we champion equality and fairness for all – regardless of race, gen- Marvin Chiles, Andrew Hamilton, der, religion, sexual preference or socio-economic status. Matthew Hamilton, Scott J. Hamilton, Trevor James, Ryan Kiesel, We are unabashed liberals, staunch supporters of public education, George Krumme, Gayla Machell, separation of church and state, and civil liberties. We believe that to- Bruce Prescott, Robyn Lemon Sellers, gether we have a moral obligation to take care of children in the dawn of Kyle Williams their lives and seniors in the twilight of theirs – everyone else is on their OUR MOTTO own, unless they need a hand-up, not a handout. To Comfort the Afflicted and Afflict the We don’t agree with every viewpoint we publish, but we believe few Comfortable.