Meet Your Bar Association

Volume 84 u No. 2 u Jan. 12, 2013

OBA President James T. Stuart

ALSO INSIDE • Indemnity and Contribution • Medicare Reporting and Reimbursement • New OBA Juvenile Law Section

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Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 81 82 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Th e m e : Me e t Yo u r Ba r As s o c i a t i o n pg. 146 Editor: Carol Manning Juvenile Law Section

contents Departments Jan. 12, 2013 • Vol. 84 • No. 2 84 From the President 149 From the Executive Director 150 Law Practice Tips 152 Ethics/Professional Responsibility 155 OBA Board of Governors Actions 158 Oklahoma Bar Foundation News 162 Access to Justice 163 Young Lawyers Division 164 Calendar 166 For Your Information 168 In Memoriam: J. William Conger 169 Bench and Bar Briefs 171 In Memoriam 172 Editorial Calendar 176 The Back Page

About the Cover: Lady of Justice statue inside the Oklahoma Bar Center © Oklahoma Bar Foundation pg. 148 Photographer: Travis Caperton Book Review Features 89 Jim Stuart Takes OBA Reins By Lori Rasmussen 93 OBA Officers and Board of Plus Governors: Volunteers Who Guide 132 Indemnity and Contribution in Your Association Oklahoma Law 102 OBA Departments and the Member By J. Christopher Davis and Services They Provide Jonathan Cartledge 112 Member Perks: Benefits Your 139 What Every Attorney Must Know Association Provides about Medicare Reporting and Reimbursement 119 A Few Things You Can Do at By Toni J. Ellington www.okbar.org 146 OBA Creates New Juvenile Law 120 Connect with the OBA Through Section Social Media 148 Book Review: Wi n n i n g a t De p o s i t i o n 121 OBA Sections Reviewed by Joe Vorndran

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 83 FROM THE PRESIDENT

A Different Kind of Resolution 2013: A Year of Service By Jim Stuart

At the end of the day we’re all just stewards — of DAY OF SERVICE the rule of law, of our system of justice, of the indepen- My theme in 2013 will be Okla- dence of the judiciary — in the way we provide pro bono homa lawyers giving back. I have services to the young and less fortu- planned for a “day of nate, in our own methods for self- service,” my goal being discipline and in the way we serve to include lawyers and give back to our communities. My theme in from all over the state, Stewardship has been described as young and old, who “an ethic that embodies responsible 2013 will be will join together and planning and management of Oklahoma participate in a day of resources.” lawyers service within their Beginning Jan. 1, 2013, I assumed giving back. respective communi- the role as president of this bar as- ties. Stay tuned for sociation of approximately 17,000 more details. members. I have been entrusted with We will also high- the leadership of an association left light other methods of giving to me in good condition, both in the quality of its member back, including the Oklahoma Bar programs and its financial well being. Presidents before Foundation, Lawyers Helping me have planned responsibly and man- Lawyers and the Oklahoma Law- aged our resources well. My goal is to yers for America’s Heroes pro- continue that tradition, to be a good stew- gram. Expect our award-winning ard and somehow leave the association Young Lawyers Division to con- just a little better. tinue to excel under the leader- This will be a difficult task given the ship of its Chair Joe Vorndran. An high level of service and leadership pro- exciting event will be an OBA vided by my predecessor, Cathy Chris- CLE Alaskan cruise in late July. tensen, in 2012. My thanks to Cathy for Join Kathy and me for a “cool” her mentoring and friendship. We will member experience. You’ll find have our challenges due in part to a gray- details and registration online at ing membership, the need for technical www.okbar.org/s/alaska. updates and systems, the way we provide I look forward to these and member services and how we provide other opportunities for steward- legal services to the public. Who among ship and service but will need us would have believed 35 years ago your help. Together we can make we’d be looking at e-filing in the district President Stuart a difference. From the Stuart fam- practices in Shawnee. courts? ily to yours, I wish you good [email protected] health and happiness in 2013. 405-275-0700

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Stevens, Norman Linda S. Thomas, Bartlesville 18 OBA Law Schools Committee meeting; 10 a.m.; Oklahoma Bar Joseph M. Vorndran, Shawnee, Center, Oklahoma City; Contact Kenneth Delashaw 580-276-3136 Chairperson, OBA/Young Lawyers Division OBA Board of Editors meeting; 10 a.m.; Oklahoma Bar Center, BAR Center Staff Oklahoma City; Contact Carol Manning 405-416-7016 John Morris Williams, Executive Director; Gina L. Hendryx, General Counsel; Jim Calloway, 19 OBA Young Lawyers Division meeting; 10 a.m.; Oklahoma Bar Director of Management Assistance Program; Center, Oklahoma City; Contact Joe Vorndran 405-275-0700 Craig D. Combs, Director of Administration; Susan Damron Krug, Director of Educational 21 OBA Closed – Martin Luther King, Jr. Day observed Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. Manning, Director 22 OBA Legal Intern Committee meeting; 3 p.m.; Oklahoma Bar of Communications; Travis Pickens, Ethics Counsel; Center, Oklahoma City with teleconference; Contact Candace Blalock Robbin Watson, Director of Information Technology; 405-238-0143 Jane McConnell, Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, 24 OBA Professional Responsibility Commission meeting; Tina Izadi, Debbie Maddox, Katherine Ogden, 1:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Dieadra Goss Assistant General Counsels; Tommy Butler, Tanner 405-416-7063 Condley, Sharon Orth, Dorothy Walos and Krystal Willis, Investigators 25 Oklahoma Bar Foundation Trustee meeting; 10:30 a.m.; Oklahoma Manni Arzola, Amy Baker, Debbie Brink, Emily Bar Center, Oklahoma City; Contact: Nancy Norsworthy 405-416-7070 Buchanan, Susan Carey, Johnny Marie Floyd, Matt Gayle, Dieadra Goss, Brandon Haynie, OBA Lawyers Helping Lawyers Assistance Program Foundation Suzi Hendrix, Misty Hill, Debra Jenkins, Durrel and Committee meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma Lattimore, Heidi McComb, Renee Montgomery, City; Contact O. Clifton Gooding 405-948-1978 Wanda Reece-Murray, Larry Quinn, Lori Rasmussen, Tracy Sanders, Mark Schneidewent, 26 OBA Legislative Saturday; 10 a.m.; Oklahoma Bar Center, Oklahoma Jan Thompson, Laura Willis & Roberta Yarbrough City; Contact Duchess Bartmess 405-947-3408 EDITORIAL BOARD 28 OBA Alternative Dispute Resolution Section meeting; 4 p.m.; Editor in Chief, John Morris Williams, News Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; & Layout Editor, Carol A. Manning, Editor, Contact Michael O’Neil 405-232-2020 Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Sandee Coogan, 30 OBA Diversity Committee meeting; 12 p.m.; Oklahoma Bar Center, Norman; Emily Duensing, Tulsa; Pandee Oklahoma City and Tulsa County Bar Center, Tulsa; Contact Kara Smith Ramirez, Okmulgee; Mark Ramsey, 405-923-8611 Claremore; Judge Megan Simpson, Buffalo; Joseph M. Vorndran, Shawnee; Judge Allen J. For more events go to www.okbar.org/calendar Welch, Oklahoma City; January Windrix, Poteau NOTICE of change of address (which must be The Oklahoma Bar Association’s official website: www.okbar.org 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© 20082013 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. 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Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 87 Jim and Kathy Stuart vacationing in Florida.

Jim attends Boys Nation in Washington, D.C, and meets with members of Oklahoma’s congressional delegation: (from left) U.S. Rep. Ed Edmondson, Boys Nation co-attendee (and eventual OU star quarterback) Steve Davis, Jim and U.S. Rep. Tom Steed.

Jim visits Ararat, Va., the birthplace of his ancestor J.E.B. Stuart

88 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Meet Your Bar Association

Jim Stuart Takes OBA Reins By Lori Rasmussen

hawnee, Okla., is the birthplace of 2013 OBA President James T. “Jim” Stuart. It is also the place he has called home almost Shis entire life, with the exception of the years he spent in Edmond, where he attended college at CSU (now UCO), and Tulsa, where he graduated from the TU College of Law. His family has lived in Shawnee since 1900, and his ties to the community are so deep that he lives in a home built by his grandparents in 1928.

“My three daughters are rience at Boys Nation was a huge the fourth generation to live influence on my desire to be a in the home,” Jim said. “My leader.” law firm Stuart, Clover, His exemplary high school Duran, Thomas and Vorn- career led to the offer of a schol- dran LLP, was founded in arship at Central State University. 1904, making us one of the He maintains strong ties with the oldest ongoing firms in the school today, having served as a state. I’ve been blessed with a board member for the UCO lot of stability in my life.” Foundation. He describes his upbring- While attending law school in ing as fairly typical; he was a Tulsa, he began dating his wife, football player at Shawnee Kathy, also a lifelong Shawnee High School and got good resident, whose family he had grades. At 16, he was selected known for years. The couple’s as a delegate to the Boys State OBA 2013 President decision to move back to Shaw- citizenship and government James T. “Jim” Stuart nee to begin their life together program. Following Boys Photo: Taylor Made Photography was an easy one. State, he was chosen as one of only two Oklahoma delegates “In Shawnee you have the best to Boys Nation, where he met representatives of both worlds, 35 miles from the big city, but of Oklahoma’s congressional delegation. you also have the benefits of a small town — friendly people, great schools, Main Street life- “My mother worked as a legal secretary style,” Jim said. “The town’s two universities for Shawnee lawyers Charles Henry and lend a certain college flavor. It’s just a great Terry West, and that lead me to develop an place to raise a family.” interest in a career in law,” he said. “The expe-

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 89 Now married 35 years, the couple has three adult Presidential daughters, Emily, Rachel and Sarah. Mr. Stuart’s home is located just min- Trivia utes away from his office, where he maintains a pri- Who was your mentor as a young marily civil litigation prac- attorney? tice — handling many My senior law partner, cases in estate planning and probate as well as real Jim Stuart as a happy baby Jim Miller property law. He said one Best advice he gave you? major advantage to prac- “Hunger cures burnout.” ticing law is that the profession lends itself to some flexibility; he never missed any of his daughter’s track Favorite sports teams? meets or cheerleading events. OU Football and OKC Thunder “Of course the trade-off is some late nights at the Basketball office, but it’s all worth it,” he said. “Now that my daughters are grown, we see the payoff. I always trusted Favorite thing about growing up my daughters to make good decisions, and they have in Shawnee? never let me down. Hopefully, we have been able to Developing lifelong friendships serve as an example for them.” Favorite thing about being a dad? Watching my daughters grow up and become productive citizens What are your hobbies? Reading and attending my daughters’ activities. I am also interested in the American Civil War; my distant ancestor was Confederate States Army General J.E.B. Stuart. Favorite music? ’70s rock Last concert attended? Moody Blues at the Brady Theater in Tulsa Favorite Oklahoma Getaway spot? A close friend’s lake house on Tenkiller, which reminds me of living on Lake Keystone during law school Favorite vacation location? Playa Del Carmen on the Mayan Riviera; I am also The Stuart family: Jim and Kathy Stuart (seated); excited about the upcoming son-in-law (and OBA member) Matt Thompson; OBA/CLE Alaska cruise. daughters Emily, Rachel and Sarah (standing, from left)

90 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 RAISING THE BAR

Jim has also devoted time to serving the organized What is the dorkiest thing in bar. He was active in YLD in the 1980s and devel- your closet? oped relationships that endure to this day. In 1995, he decided to get involved with OBA leadership, but A pair of Doc Martens laughs when he recalls that his timing was unfortu- nate. He was defeated in his first bid for a seat on the Your best stress reliever? Board of Governors by none other than Melissa A brisk walk DeLacerda, who went on to serve as OBA president in 2003. When her board seat came open, Ms. De- Lacerda herself reached out to Mr. Stuart and Favorite tech gadget? suggested he try again. iPad “My losing to Melissa was Favorite comfort food? the best thing Cheese and crackers that ever happened,” he What song gets stuck in said. “Look at all she has been your head? able to accom- “The Story in Your Eyes” – plish during The Moody Blues her years of service.” What is the most valuable life He was ulti- lesson you’ve learned? mately elected The harder you work, the to the board in luckier you get. 2008. Having served on Stepping in a time machine, the board, he where would you go? decided it was time to run for 1977 president-elect in 2011. Now If you could have any superpower, that it is his what would it be? turn to serve, Telepathy he has trans- Jim’s graduation from the TU College formed his own of Law desire to give Least favorite musical artist/ back to his group? community into the cornerstone theme of his Lady Gaga presidential year. GIVING BACK IN 2013 Strangest food you’ve ever eaten? “My goal this year is to recognize and celebrate Fried grasshoppers lawyers who volunteer, serve and give of themselves,” he said. “Professionally and ethically, law- What’s your proudest moment? yers have an obligation to give back. I, like many others, am concerned about lawyer image. Because Being admitted to the bar our profession involves adversarial litigation, the perception exists that lawyers are ‘greedy’ or ‘mean.’ Best advice for a new lawyer? I see the other side. I know firsthand the important Don’t ever compromise your and beneficial things lawyers do for their schools, honesty. Your word is your churches and communities. It is important that we bond. share this perspective on lawyers.”

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 91 Jim’s plans include a statewide day of service, in which all 77 county bar associations are asked to engage in the project in one way or another. Law- yers will be encouraged to develop a community service outreach effort that is unique and meaningful in their own communities. “I won’t have to create facts or stage anything,” he said. “Lawyers give back every day. This will simply draw attention to work that is already being done.” Jim also plans to continue the work of his immediate predecessors, emphasizing efforts to support the Lawyers Helping Lawyers Assistance Jim with his daughter Emily, who is crowned Shawnee Program and the Oklahoma Lawyers football homecoming queen. for America’s Heroes military assistance program. He will also encour- age lawyers to become Fellows of the Oklahoma Bar Foundation. “I see these assistance programs as a duty,” Jim said. “If I want to leave any legacy as OBA president, it would be that more lawyers recognize and practice their professional obligations to give back.” Ms. Rasmussen is an OBA communications specialist.

My goal this year is to recognize and celebrate lawyers who volunteer,

serve and give of The young Stuart family cuts their own themselves. Christmas tree in the 1990s.

92 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Meet Your Bar Association Volunteers Who Guide Your Association

o Background: Born and o If you could have any superpower, what would raised in Oklahoma; it be? It’s difficult to pick just one, but living in shareholder with Gable- Oklahoma, it would be great to have the power Gotwals of atmokinesis, the ability to control the weather.

o Education: B.A. summa o Least favorite musical artist/group? Jethro Tull, cum laude from OCU, J.D. even though I love flute music with honors from OU o Strangest food you’ve ever eaten? Horse meat in o Who was your mentor as France. I didn’t know it was horse until it was a young attorney? Elsie too late. Draper, a superb lawyer Renée DeMoss who is now retired and o What’s your proudest moment? Hopefully, it’s President-Elect moved to Atlanta, was a still coming Tulsa treasured colleague and is a dear friend o Background: Born in Hoff, West Germany; o Best advice she gave moved to the U.S. at age you? Elsie is a life-long 13; graduated from Wal- Chicago Cubs fan, so she always had lots of ters High School in 1965; good advice when things didn’t go quite as married to Camilla and planned, such as “there’s always tomorrow…or have two daughters, next year” and “it’s a rough road that leads to Tiffany and Ashlie the heights of greatness.” o Education: Associate of o What is the dorkiest thing in your closet? A Arts, Cameron Universi- 30-year-old sweater with a big border collie on it ty 1969; Bachelor of Arts, Dietmar Oklahoma University o Your best stress reliever? Playing with my dogs 1971; Juris Doctorate, K. Caudle Oklahoma City Uni- Vice President o versity 1976 Favorite tech gadget? My Kindle. Although it Lawton can never replace a real book, it allows quick and easy access to lots of different reading o Who was your mentor as a young attorney? material. Vern Miller, district attorney in Wichita, Kan. o Favorite comfort food? Pasta o Best advice he gave you? Do not get incarcerated! o What song gets stuck in your head? “You Are o What is the dorkiest thing in your closet? A tan My Sunshine” leisure suit o Most valuable life lesson you’ve learned? Cher- o Your best stress reliever? Cerveza by the pool ish the good moments and those you love o Favorite tech gadget? Gold course yardage o Stepping in a time machine, where would you range finder go? Ancient Greece

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 93 o Favorite comfort food? A cookie –— any kind o Favorite comfort food? Mashed potatoes and of cookie! gravy o What song gets stuck in your head? “Don’t o What song gets stuck in your head? Worry, Be Happy” “Somewhere Over the Rainbow” o Most valuable life lesson you’ve learned? o Most valuable life lesson you’ve learned? Do not sweat the little stuff That the Golden Rule really is the most important rule o Stepping in a time machine, where would you go? Early 1960s o Stepping in a time machine, where would you go? Perhaps into the future. I’m curious to see o If you could have any superpower, what what “tomorrow” will bring to my family and would it be? The art of healing friends. o Least favorite musical artist/group? o If you could have any superpower, what Any rapper would it be? I would love to be able to fly! o Strangest food you’ve ever eaten? Goat meat o Least favorite musical artist/group? I’m not stew in Jamaica into the head-banger genre; don’t know any of their names. o What’s your proudest moment? Being sworn in as a lawyer and my marriage to Camilla o Strangest food you’ve ever eaten? Seaweed

o Background: Born in o What’s your proudest moment? Giving birth to Norristown, Penn. and my three wonderful children and holding moved to Tulsa in them for the very first time. Three moments — 1973; graduated from not one - but all three are equally special. Tulsa Memorial, Class of 1975; married to o Background: Born in John J. “Jim” Ditmars San Antonio, Texas; Jr. since 1994; three raised in Stillwater and sons Blake Christens- Tulsa, lived in Arkan- en, Adam Christensen sas as a teenager and and John Ditmars III young adult; moved to Bartlesville in 1990; o Education: B.S., Okla- taught public school Cathy homa State University, from 1977 until 1997 Christensen 1982; J.D, Oklahoma when I began practic- Past President City University, 1986 ing law full time. Mar- Oklahoma City ried to Curt Thomas; o Who was your mentor Linda Thomas children: Brad Daniel as a young attorney? Governor - and his wife, Christy I didn’t have just one mentor as a young attor- District No. One from Charlotte, NC; ney. There were several attorneys who influ- Bartlesville Allison Zelinski and enced my professional career during my early her husband, AJ, and years of practice. my grandchildren, Adam (5) and Abby (3) o Best advice they gave you? To remember to from Austin, Texas; Amy Atkins and her hus- strike a healthy balance between my work and band, Matt also from Austin my family/personal life o Education: B.A. in speech pathology, B.A. in o What is the dorkiest thing in your closet? A Elementary Education; J.D. from University of poodle skirt, matching t-shirt and bobby socks Tulsa College of Law, 1994 o o Your best stress reliever? A long walk in the Who was your mentor as a young attorney? great outdoors Melissa DeLacerda o Favorite tech gadget? My iPhone or my vacuum cleaner

94 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 o Best advice she gave you? Run for a position o Favorite tech gadget on the OBA Board of Governors and become Cell phone involved in the OBA o Favorite comfort food? o What is the dorkiest thing in your closet? Meatloaf My house shoes o What song gets stuck in your head? o Y our best stress reliever? Chocolate “Jackson” by Lefty Frizzell and Nancy Sinatra o Favorite tech gadget? iPhone o Most valuable life lesson you’ve learned? Work hard o Favorite comfort food? Chocolate o Stepping in a time machine, where would you o What song gets stuck in your head? go? Go back to the American Revolution “It’s a Small World” o o Most valuable life lesson you’ve learned? If you could have any superpower, what Always keep promises would it be? Superintelligence o o If you could have any superpower, what Strangest food you’ve ever eaten? would it be? Mind reading Rattlesnake o o Strangest food you’ve ever eaten? What’s your proudest moment? Buffalo burger When my son was born o What’s your proudest moment? Birth of o Background: Born and each grandchild raised in Mannford (Creek County); o Background: Married attended a small col- to Rhonda Dennis, lege in Kansas on a three children (Zack, football/academic Michael & Katie); scholarship where I Vietnam veteran, met my wife, Gloria served in the infantry, (from Palma de Mal- 1971; served in the lorca, Spain); after law Oklahoma State Senate school began my legal from 1980-1988; served career as an Army JAG on the Eastern Oklaho- Robert D. living in Virginia, Fort ma State University Knox, Ken., Bosnia- Gifford Herzegovina and Fort Board of Regents for Governor - Gerald Dennis 11 years; practiced law Sill. Left active duty to Governor - at Dennis & Branam District No. Three become an assistant District No. Two since 1975 Oklahoma City district attorney in Antlers Tulsa while living in o Education: Southeast Broken Arrow and High School, Oklaho- remained an Army Reserve JAG as the first ma City; Southeastern State College; OCU military defense counsel assigned in Oklaho- School of Law ma. I joined the U.S. Attorney’s Office in Reno, Nev. and eventually came home to the U.S. Attorney’s Office in Oklahoma City. As a o Who was your mentor as a young attorney? reservist, I’ve been a defense counsel, an Didn’t have one instructor at the Army JAG School, ran a team of JAGs to do legal assistance to deploying sol- o What is the dorkiest thing in your closet? diers, and currently serve as the staff judge Double knit suit from the ‘70s advocate to the historic 95th Division (Iron Men of the Metz) at Fort Sill and hold the rank o Your best stress reliever? of lieutenant colonel. Tribal member of the Riding my Harley Cherokee Nation and serve as the chief judge for the Kaw Nation tribal court and am a justice on the Iowa Nation Supreme Court, as

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 95 well as serve an adjunct law professor at the o Least favorite musical artist/group? With law schools at OU and OCU. Gloria and I have apologies to my daughters, I am not a One three amazing daughters, Gabriela (14), Olivia Direction fan. They need more cow bell. (11), and Juliana (6). o Strangest food you’ve ever eaten? I worked in o Education: J.D., University of Oklahoma Col- a few fast-food places through high school and lege of Law; B.A. (x 3), Southwestern College college and tried to get creative for fun. Not in Winfield, KS; U.S. Army Command and sure what I created would ever be considered General Staff College and Mannford High “edible.” School o What’s your proudest moment? Being the first in my family to finish college (and law school), o Who was your mentor as a young attorney? receiving my commission to be an officer in Since I was nomadic with the Army, then with the Army and becoming a father D.A.’s Office, then DOJ — I’ve had several. Some were bosses, colleagues, judges and o Background: Grew up opposing counsel. on wheat, cotton, alfal- fa and cattle farm o Best advice they gave you? Not sure if I can south of Hobart and limit it all to just one, but that time, experience graduated from and maturity does change “what right looks Hobart High School in like” and that just because the law or the rules 1969 of evidence say you can do (or not do) something, does not mean that you necessarily o Education: B.S. in Ag should Econ from OSU in 1973 and J.D. from o What is the dorkiest thing in your closet? Washington College Usually me when I’m standing in it Douglas L. of Law (American Uni- Jackson versity) in Washington, o Your best stress reliever? Running. I’ve run Governor - D.C. in 1977 both the OKC Memorial and the Tulsa/Route District No. Four 66 marathons, but treasure empty streets at Enid o Who was your mentor 5 a.m. or tree covered trails as a young attorney? David Butler o Favorite tech gadget? My Garmin watch and o Best advice he gave you? He told me all the iPad things you need to know to practice law on your own that you don’t learn in law school — o Favorite comfort food? Might be easier for me where the court clerk’s office is, when to stand to list what foods are not comfort foods up, sit down, how much to charge, etc. Page Belcher Jr. gave me the best advice on law o What song gets stuck in your head? If I were office management — “It’s not how much you to admit it, I might be impeached. make, but how much you don’t spend.” o Most valuable life lesson you’ve learned? That o What is the dorkiest thing in your closet? preparation is the great equalizer BB gun o Stepping in a time machine, where would you o Your best stress reliever? Gardening and go? With a flux capacitor and a Delorean, I feeding my cows would want to re-live the births of each of my daughters. A few other dates come to mind for o Favorite tech gadget? iPhone the greater good — arrive in time to influence events (Sept. 11, 2001, Nov. 22, 1963, Feb. 3, o Favorite comfort food? Mexican food 1959, Dec. 7, 1941) or witness them (July 4, 1776) o What song gets stuck in your head? “Amazing Grace” o If you could have any superpower, what would it be? Who says I don’t have one o Most valuable life lesson you’ve learned? If already! The ability to read minds would really you have to swallow a frog, don’t look at him come in handy. too long.

96 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 o Stepping in a time machine, where would you o Most valuable life lesson you’ve learned? go? London, England 1940 during the blitz and Spending time with my women friends is one be with Sir Winston Churchill as prime minis- of the most important things I do. ter, giving his speeches during the darkest days of World War II o Stepping in a time machine, where would you go? The future o If you could have any superpower, what would it be? To only like low calorie food o If you could have any superpower, what would it be? Invisibility o Least favorite musical artist/group? Any loud, hard rock group; give me the Temptations o Least favorite musical artist/group? Don’t listen to them o Strangest food you’ve ever eaten? Snails o Strangest food you’ve ever eaten? A turnip o What’s your proudest moment? The birth or a beet of my five children and marrying my wife; distant second — winning state in football o What’s your proudest moment? When I was at Hobart in 1967 and 1968 sworn in as an attorney

o Background: I was o Background: Born in born in Oklahoma City Tulsa; graduated from and raised in Midwest Tulsa Memorial High City. After teaching School, Class of 1986; school for seven years, attended OSU and met I decided to attend law my husband, Alan school. I am now in Souter, in Eskimo Joe’s private practice in and we married in Norman and am mar- 1993. We have two ried to Craig Sutter. children — Noelle, age 14 and Parker, age 10; o Education: B.S. Educa- Began practicing law Sandee tion, University of Kimberly Hays in 1993 with my father, Coogan Oklahoma; M.Ed Edu- Governor - James R. Hays, in Governor - cational Psychology, District No. Six Tulsa and after his District No. Five University of Okla- Tulsa death in 1994 I joined Norman homa; and J.D., a firm for a short time University of Oklaho- and then opened my ma College of Law solo practice in Tulsa in 1998. My legal assistant/friend, Stephanie Pierce, has been with o Who was your mentor as a young attorney? me since 1996. I practice exclusively in the area Doug Shelton of family law. o Best advice he gave you? That the practice of o Education: B.A., Oklahoma State University, law is a very stressful business. It is easy to 1990; J.D., University of Kansas School of Law, drink the stress away, but exercise and medita- 1993 tion are more effective and long term. o Who was your mentor as a young attorney? o What is the dorkiest thing in your closet? My father, James R. Hays, was an amazing A red hat mentor. I had the privilege of working with him when I first started practicing law and o Your best stress reliever? Pilates and until his death in 1994. swimming o Best advice he gave you? Your word is your o Favorite tech gadget? iPad and iPhone – love bond and always be very courteous and pro- them both fessional to everyone, especially the judge’s clerk and bailiff o Favorite comfort food? Chicken fried steak o What is the dorkiest thing in your closet? o What song gets stuck in your head? My OSU/Pistol Pete house slippers “Sundown”

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 97 o Your best stress reliever? Training for and o Education: Graduated OU, B.A. political running half marathons with my running science 1986; graduated TU law school 1990 girlfriends o Who was your mentor as a young attorney? o Favorite tech gadget? iPad and Garmin Haden & Bill Haworth running watch o Best advice they gave you? Represent your cli- o Favorite comfort food? Anything that has ents to the best of your ability, don’t get caught chocolate as the main ingredient up in the case personally and get the money o What song gets stuck in your head? “Mickey” o What is the dorkiest thing in your closet? by Toni Basil from 1982 or the “Fifty Nifty An Oktoberfest hat my sister brought me from United States” song my kids learned in third Munich grade that lists all the states in alphabetical order o Your best stress reliever? Feeding and counting cattle o Most valuable life lesson you’ve learned? There is a gift in every problem and never o Favorite tech gadget? iPhone give up. o Favorite comfort food? Cheeseburger o Stepping in a time machine, where would you go? Philadelphia 1776 to see the creation and o What song gets stuck in your head? “All My signing of the Declaration of Independence Rowdy Friends (Have Settled Down)” by Hank Williams Jr. o If you could have any superpower, what would it be? Ability to read minds, which o Most valuable life lesson you’ve learned? If would come in handy during cross- you have a handful of true friends, you are examination blessed. o Least favorite musical artist/group? o Stepping in a time machine, where would you James Taylor go? The western frontier during the 1865-1900 time frame o Strangest food you’ve ever eaten? When I was seven months pregnant with our daughter, I o If you could have any superpower, what ate a Sonic chili cheese hotdog because I was would it be? The ability to fly craving it. That was strange because I have always been a vegetarian. o Least favorite musical artist/group? Queen o What’s your proudest moment? Birth of our o Strangest food you’ve ever eaten? kids, Parker and Noelle; and finishing my first Snapping turtle marathon o What’s your proudest moment? Seeing the o Background: Born in development and growth of my daughter Kingfisher on Jan. 6, 1964; an Okie from o Muskogee since 1968; Background: Born and honorably discharged raised in Stillwater, from the Oklahoma where my family has Army National Guard had the Ford dealer- in 1987; was a partner ship since 1919; raised with Bill Haworth and my daughter in New Mike Finerty — York before coming Haworth, Finerty & back to marry my Smith; now president husband, whom I of Bret A. Smith, Attor- have known since Bret Smith sixth grade Governor - ney at Law, P.C. District No. Seven D. Scott Pappas o Education: Graduated Muskogee Governor – District from C.E. Donart High No. Eight School in Stillwater; Stillwater

98 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 B.A. in history from OSU; J.D. from Fordham o Best advice he gave you? Follow the University School of Law, New York Golden Rule o Who was your mentor as a young attorney? o What is the dorkiest thing in your closet? Two senior associates at Milbank, Tweed Out of style ties o Best advice they gave you? How to navigate o Your best stress reliever? A long run the politics of the firm o Favorite tech gadget? iPad o What is the dorkiest thing in your closet? Scottie dog red and black flannel pants o Favorite comfort food? Peanut butter o Your best stress reliever? Bubble bath after o What song gets stuck in your head? exercising “Margaritaville” by Jimmy Buffet o Favorite tech gadget? Sudoku game o Most valuable life lesson you’ve learned? No matter how high you climb or how much you o Favorite comfort food? Hot bread accomplish, you can lose it all in an instant if you are careless o What song gets stuck in your head? The melody of an Episcopal hymn o Stepping in a time machine, where would you go? Forward 100 years o Most valuable life lesson you’ve learned? Never stop learning o If you could have any superpower, what would it be? Super speed o Stepping in a time machine, where would you go? To join in the philosophical discussions o Least favorite musical artist/group? Madonna between Plato et al. o Strangest food you’ve ever eaten? Chocolate- o If you could have any superpower, what covered ants would it be? To help those less fortunate get on the road to achieving their dreams o What’s your proudest moment? The time I presented oral argument in the U.S. o Least favorite musical artist/group? Supreme Court Most rappers o Background: I was o Strangest food you’ve ever eaten? Some of my born at Altus AFB own concoctions and raised mostly in Sulphur. o What’s your proudest moment? Each time my daughter reaches one of her goals or dreams o Education: B.A. Uni- versity of Oklahoma, o Background: Born 1978; J.D. University and raised in Shawnee; of Oklahoma, 1982 have lived and practiced in Lawton o Who was your mentor since 1971 as a young attorney? Richard D. Rick Sitzman o E ducation: Graduated Stevens Shawnee High School Governor - o Best advice he gave in 1962; OU under- At Large you? Show up on time graduate, 1966; OU Norman College of Law, 1969; o What is the dorkiest Georgetown for LLM thing in your closet? O. Christopher in tax, 1971 Marvel Comics bow tie Meyers II o Who was your mentor o Your best stress reliever? My dog, Winston Governor - as a young attorney? District No. Nine Charles T. Henry o Favorite tech gadget? Electric tire gauge Lawton

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 99 o Favorite comfort food? Pecan pie o Favorite comfort food? Bread (that I baked) o What song gets stuck in your head? “White o What song gets stuck in your head? Can’t Christmas” usually in July mention it or it will come back o Most valuable life lesson you’ve learned? Get o Most valuable life lesson you’ve learned? It’s down, get funky and get back up again not about me; it’s all about everyone else. o Stepping in a time machine, where would you o Stepping in a time machine, where would you go? Back to meet Teddy Roosevelt go? Colonial and Revolutionary War era o If you could have any superpower, what o If you could have any superpower, what would it be? Mind reading would it be? Flying (I’ve dreamed of doing that since I was a kid.) o Least favorite musical artist/group? Hanson o Least favorite musical artist/group? One that o Strangest food you’ve ever eaten? Squirrel and performs the song stuck in my head dumplings o Strangest food you’ve ever eaten? Mansaf o What’s your proudest moment? When I met (national dish of Jordan) Speaker Carl Albert in Washington, as a 4-H National Citizenship Short Course winner o What’s your proudest moment? Marrying Pam

o Background: Born and o Background: Born and raised in Tulsa; mar- raised in Atoka. ried Pam in 1971. Our Taught high school pride and joy family English before going to consists of Nic and OCU law school at Kirstin and their chil- night and running dren, Jakob (7) and commercial interior Ella (3); and Matt and decorating business. Stephanie and their Was in private law children, Payton (8) practice then marshal and Taylor (5). Private of Oklahoma Supreme practice for five years Court for 25 years. Robert S. after law school; Nancy Parrott Two grown daughters, special judge for next Governor - six grandsons and one “Bob” Farris nine years; with Rog- granddaughter At large Governor - ers and Bell for 22 Oklahoma City At Large years; adjunct at TU o Education: Undergrad- Norman Law School since 1991 uate degrees in Eng- lish, speech and French o Education: B.S. from University of Mechanical Engineer- Oklahoma. University of Grenoble, France. ing and JD from TU Master’s degree in family counseling from North Texas State University. Law degree o Who was your mentor as a young attorney? from OCU. Phil Frazier in Tulsa o Who was your mentor as a young attorney? o Best advice he gave you? Be more prepared Andy Hamilton, a former bar president who than the other attorney loved people and the law o What is the dorkiest thing in your closet? o Best advice he gave you? Enjoy your work 1968 tux o What is the dorkiest thing in your closet? o Your best stress reliever? Woodworking in I gave it away. my shop o Your best stress reliever? Running o Favorite tech gadget? iMac o Favorite tech gadget? iPad

100 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 o Favorite comfort food? Gummy bears o Who was your mentor as a young attorney? I have too many to name. o What song gets stuck in your head? “Master of the House” from Les Miserables o Best advice they gave you? Each and every one of them stressed professionalism in every o Most valuable life lesson you’ve learned? Life situation and that advice has served me well. is short, and every day is a gift. o What is the dorkiest thing in your closet? o Stepping in a time machine, where would you Hemp sandals go? To the 1960s to go to an Elvis show o Your best stress reliever? A great meal and a o If you could have any superpower, what good cocktail — doesn’t have to be fancy but would it be? A super singing voice good food and drink do it every time o Least favorite musical artist/group? o Favorite tech gadget? iPad –— I would be lost Roger Miller without it. o Strangest food you’ve ever eaten? Sushi o Favorite comfort food? Smoked sausage and macaroni and cheese o What’s your proudest moment? Any moment I see my two daughters or seven grandkids o What song gets stuck in your head? Whatever children’s song my kids are listening to — o Background: I grew up never fails in Shawnee; graduated from Shawnee High o Most valuable life lesson you’ve learned? Take School in 1999; moved time to have fun to Norman and returned to Shawnee o Stepping in a time machine, where would you with my wife in 2010. go? Colonial America We have three children, Jude (2), Conner o If you could have any superpower, what (2), and Audrey (2 would it be? To be able to breathe underwater months). o Least favorite musical artist/group? Joe Vorndran o Education: B.A. Uni- Nickelback Governor - versity of Oklahoma, YLD Chair 2003; J.D. University of o Strangest food you’ve ever eaten? Sea urchin Shawnee Oklahoma College of Law, 2006. o What’s your proudest moment? Seems to change every time one of my kids reaches a milestone

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 101 Meet Your Bar Association OBA Departments and the Member Services They Provide olunteer leaders may be the chief engineers who keep any professional association on track, but it is the staff who Vprovides the power to move forward. Member services are an essential part of the Oklahoma Bar Association. Learn more about what each department offers members, and put a name with a face in photos of the employees who work for you — bar association members. Executive Director OBA Bylaws, Article IV, Section 4: (a). The Executive Director shall keep the roster of the members of the Association and of the House of Delegates entitled to vote therein. He or she shall record and be the custodian of the minutes, journal and records of the Associa- tion and of the House of Delegates and of the Board of Governors. (b). The Executive Director shall act as Trea- surer, and be the custodian of the funds of the Association. No funds shall be withdrawn Executive Director John Morris Williams and except in the manner approved by the Board Executive Assistant Debbie Brink of Governors. (1) The expenditures of the Association shall as the House of Delegates, the Board of be in accordance with the provisions of the Governors or the President of the Association Rules Creating and Controlling the Oklahoma may direct. Bar Association as promulgated by the Oklaho- Rules Creating and Controlling the OBA, ma Supreme Court. Article VI, Section 4: (2) The Executive Director shall maintain at all The Executive Director shall perform such times a fidelity bond executed by a surety com- duties and services as may be required by these pany as surety, the amount thereof and the sure- Rules or the Bylaws and as may be directed by ty to be approved by the Board of Governors. the Board of Governors or the President of the (c). He shall supervise the office of the Asso- Association. He shall also keep a complete and ciation and its personnel and shall see that the accurate list of the members of the Association; work of the Association is properly performed. notify delinquent members and certify the He or she shall also perform such other duties names of delinquent members to the Supreme

102 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Court as required by these Rules; certify to the o maintaining and updating member roster Supreme Court records and other matters as information provided by these rules. o invoicing senior members and non-members Phone: 405-416-7014 for Oklahoma Bar Journal subscriptions

o managing the Legal Intern Program

o producing certificates of good standing for our members

o processing expense claims for OBA officers, YLD officers, and section and committee members Phone: 405-416-7000 Membership: 405-416-7080

Communications The Communications Department has responsibility for the OBA’s member communications and ADMINISTRATION – (Front Row) Roberta Yarbrough, external public relations efforts. Areas Suzi Hendrix, Tracy Sanders and Wanda Murray; of major emphasis are: (Back Row) Director Craig Combs and Durrel “Doc” Lattimore o publishing 34 issues of the Oklahoma Bar Journal every year o managing social media such as the OBA’s Administration official Facebook page and Twitter account The responsibilities of the Administration Department are multi-faceted, but its pri- o contributing stories and information for the mary emphasis is handling finances, human OBA website to keep members current resources, Annual Meeting planning, bar center operations and maintaining official membership information. Specific duties include:

o scheduling bar center meeting rooms o coordinating and scheduling meetings utilizing video conference equipment in Oklahoma City and Tulsa o assisting committees and sections with mailings to their members o providing mailing labels of bar members to committees and sections o tracking expenditures for all committees and sections

o providing monthly committee and section accounting reports upon request

o ensuring the bar center interior and exterior facilities are maintained so members can COMMUNICATIONS – Emily Buchanan, Director take pride in their building Carol Manning and Lori Rasmussen

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 103 o assisting the Law Day Committee in handles the continuous demand for those accomplishing extensive Law Day statewide materials to be mailed across the state activities and community service projects that generate significant positive public o working with the Law Day Committee to recognition for the legal profession conduct statewide contests for Oklahoma o publishing the OBA Annual Meeting students, provide county Law Day program and House of Delegates book and chairpersons with both event and promotion promoting award winners, the meeting itself ideas for county celebrations, coordinate the and election results statewide Ask A Lawyer community service project in which volunteer attorneys give More specific duties that benefit members free legal advice to people who call in, are: implement marketing strategies to promote o editing information submitted by and about the Ask A Lawyer free legal advice and bar members for the FYI and Bench & Bar produce a one-hour, interview-style TV Briefs section of the bar journal program, in cooperation with OETA (the state’s PBS affiliate) that shows how lawyers o publishing the monthly E-News for OBA work to improve the lives of all Oklahomans members with e-mail addresses The department also assists the Awards o expediting information requests from the Committee, Disaster Response and Relief news media Committee, Lawyers Helping Lawyers Assis- o issuing news releases about association tance Program Committee and Young Law- events yers Division. o assisting OBA committees, sections and divisions in publicizing their projects to both Phone: 405-416-7004 members and the media o working with sections to publish short law Continuing Legal Education articles related to the section’s focus OBA/CLE wants to be your continuing o assisting sections and committees with legal education provider. Call Director of Edu- placing and designing free ads in the bar cational Programs Susan Damron Krug at journal to promote their activities to other 405-416-7028 with your program ideas. members The department serves as a liaison for one board and several committees and assists in accomplishing their goals. Responsibili- ties include: o working with the 10-member Board of Editors that reviews articles submitted and plans for future theme-related Oklahoma Bar Journal issues; once articles are approved for publication, the staff has charge of editing, proofreading and layout CLE – Susan Carey, Renee Montgomery, Mark Schneidewent, o assisting the Communications Brandon Haynie, Heidi McComb and Director Susan Damron Krug Committee in its projects including overseeing the publication of 16 brochures on such topics as Department services include: divorce, landlord/tenant rights and estate planning. Brochures are distributed free as a o developing and producing hundreds of community service to individuals, libraries, quality live seminars, webinars and webcasts nonprofit organizations, etc.; and staff o offering video replays of the live seminars

104 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 o developing and producing online video and audio seminars, including webcast seminars o offering recent seminar publications, digital book chapters and CDs for sale o developing and producing CLE at the OBA Annual Meeting o coordinating with the Management Assistance Program to plan and facilitate the annual Solo and Small Firm Conference o assisting the Women in Law Committee to plan the annual Women in Law Conference o working with OBA officers to plan leadership training for OBA members o coordinating with various OBA sections in the planning of OBA/CLE section cosponsored CLE seminars o securing nationally recognized experts to present continuing legal education ETHICS COUNSEL – programming in Oklahoma Ethics Counsel Travis Pickens o publishing legal materials and information to assist members in their practice, including o answering ethics questions from members of form books, practice manuals and treatises the Oklahoma Bar Association o providing online OBA/CLE registration o researching and writing ethics materials for o applying attendance credit electronically the OBA website, CLE publications, seminars to enable members to have an up-to-date and the Oklahoma Bar Journal view of accumulated OBA/CLE credit on o preparing and presenting CLE programs on my.okbar.org the topics of ethics and professionalism Phone: 405-416-7029 o acting as a liaison to the Bench and Bar, Professionalism and Lawyers Helping Email: [email protected] Lawyers committees and the Legal Ethics Advisory Panel Ethics Counsel o monitoring the OBA diversion program and The Office of Ethics Counsel is a member- teaching related classes ship service available only to OBA members. It was created to assist members with conflict Phone: 405-416-7055 dilemmas, confidentiality questions, commu- Email: [email protected] nication concerns and other ethical inquiries unique to the profession. The Office of Ethics Counsel is completely autonomous from and independent of the Office of the General Counsel. Members seeking assistance with ethical questions are afforded an “attorney/ client” relationship with the full expectation of confidentiality of disclosed information. Through the Office of Ethics Counsel, Oklaho- ma Bar Association members can obtain informal guidance and advisory interpretations of the rules of professional conduct. Responsibil- ities of the Ethics Counsel include:

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 105 General Counsel The Office of the General Counsel is charged with the responsibility of: o reviewing and investigating allegations of lawyer misconduct or incapacity o reviewing and investigating allegations of the unauthorized practice of law o prosecuting violations of the Oklahoma Rules of Professional Conduct o administering the Clients’ Security Fund In addition to these enumerated duties, the Office of the General Counsel: o serves as liaison to the OBA Board of Governors advising the governing group on SUPPORT STAFF — Dieadra Goss, Misty legal matters Hill, Laura Willis and Manni Arzola (seated)

o processes and approves the registration for attorneys from other jurisdictions o administers the trust account overdraft notification program

Phone: 405-416-7007

Information Technology The Information Technology Department is responsible for desktop computer support to staff, network management of internal GENERAL COUNSEL – (Seated) Katherine Ogden, servers and externally accessible servers, General Counsel Gina Hendryx, Loraine Dillinder Web application development and mainte- Farabow; (back row) Tina Izadi, Investigator Tanner nance, mailing list management, develop- Condley, Debbie Maddox and Tommy Humphries ment of association management system and database, network security, audio/visual support to staff, monitoring of evolving technologies and assistance to all departments to utilize technology in their departments. The Information Technology Department’s functions are mostly of an internal nature; however, services directly benefiting members are: o providing a mailing list for each committee and section through the list servers to communicate with members easily and in a cost effective manner

o maintaining a committee chairperson list and a section chairperson list serve to allow INVESTIGATORS — (Front row) communication between the association and Krystal Willis and Dorothy Walos; the chairs, as well as between the chairs (back row) Tommy Butler and Sharon Orth themselves

106 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 INFORMATION TECHNOLOGY – Matt LRE — Coordinator Jane McConnell and Gayle, Director Robbin Watson and Larry Quinn Debra Jenkins LRE is under the direction of Jane McConnell, o providing a website to include a members- Law-related Education coordinator and Debra only section where members can update Jenkins, administrative assistant. Information roster information, pay dues, register for about specific LRE programs and resources is CLE, review MCLE credits, etc. available on the OBA website at www.okbar. o promoting the association’s online presence org/public/lre. through the OBA website and various social media outlets Phone: 405-416-7024 o providing free sign-up for the Email: [email protected] www.okbar.org/findalawyer.com lawyer referral service Management Assistance Program The OBA Management Assistance Program Phone: 405-416-7045 focuses on helping Oklahoma lawyers with the nuts and bolts of running their law offices. Law-related Education From “basic training” for the new lawyer to providing management and technology The Law-related Education (LRE) Depart- advice for the seasoned professional, the ment of the Oklahoma Bar Association was department has a wide array of information to established in 1989 to further the OBA’s goals assist every lawyer in every practice setting. of increasing public service and enhancing public understanding of the law and the legal o Free Telephone Hotline — The OBA-MAP system. To that end, LRE endeavors to edu- staff attempts to answer brief questions cate citizens in a constitutional democracy about management and technology issues. and to create an active, responsible citizenry. Our number is 405-416-7008. The toll-free number is 800-522-8065. Advice provided is LRE conducts programs independently and confidential. in partnership with nonprofits, civic organizations and educational groups. Programs o OBA Solo and Small Firm Conference — include professional development for teachers Attend great CLE programs with nationally and others in the civic community via institu- recognized experts, network with other small tions and workshops. Classroom materials are firm lawyers from across the state and meet created and distributed for programs adminis- with vendors in a fun family setting. Join us tered by LRE at no cost to educators. for the Solo and Small Firm Conference June 20-22, 2013, at Choctaw Casino Resort in LRE aims to join the education and law Durant. communities in its mission of fostering civic- mindedness. Understanding of law’s role in o OBA-MAP Lending Library — Attorneys can society is essential for democracies. Creating borrow books on law practice management active citizens requires active civic education. and technology from the OBA-MAP Lending

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 107 involved both in group and individual interviews. o Free Consultations at the bar center — Any lawyer who is setting up a new practice or has encountered a difficult issue that cannot be comfortably handled over the telephone is welcome to schedule a free 50-minute appointment with the OBA-MAP director. o Opening Your Law Practice — This innovative program consists of a one-day seminar, scheduled in Oklahoma City twice a year (spring and fall) and in Tulsa in the fall, to assist attorneys setting up new solo practices. A companion project is the “Starting a Law Practice Web Directory” MAP — Director Jim Calloway and Amy Baker which is available to any attorney at www. okbar.org/members/map/practice.htm. Library. Thanks to a recent grant from the o Oklahoma Bar Journal articles — Each theme OBA Law Office Management and issue of the Oklahoma Bar Journal contains the Technology Section, there will soon be regular column “Law Practice Tips” by OBA- multiple copies of several of the more MAP Director Jim Calloway. popular titles. o Local Bar Presentations — The OBA-MAP o Discounts on practice management books director is available to speak at your county (and other ABA titles) — If you prefer to bar meetings or other organized lawyer own a book rather than borrow it, we have groups at no charge. partnered with the American Bar Association for a 15 percent discount on ABA Phone: 405-416-7008 publications. Whether or not you’re a member of the ABA, your OBA membership Mandatory Continuing entitles you to 15 percent off the list price of any of the ABA’s more than 300 titles. Legal Education Simply enter PAB9EOKB in the Discount The OBA Mandatory Continuing Legal Edu- Code Number field when placing your order cation Department is the regulatory office on the ABA website. concerned with the accreditation of all con- o OBA-NET — This is an online resource that tinuing legal education programs and the is free to all OBA members. It is our online compliance by all Oklahoma bar members community for the legal profession. with the MCLE requirement. Often confused Oklahoma lawyers post questions and with the CLE Department, the MCLE Depart- brainstorm with other lawyers online. There ment does not sponsor CLE seminars. are many files and forms available that have Mandatory Continuing Legal Education, a been uploaded by other OBA members. program adopted by the Oklahoma Supreme o Jim Calloway’s Law Practice Tips Blog — Court in 1986, establishes minimum require- Weekly postings of Internet tips, law practice ments for continuing legal education for Okla- tips and hot news in law office management homa attorneys. The program is administered and technology are available by visiting the by the OBA Mandatory Continuing Legal blog website, subscribing to the e-mail alerts Education Commission, which consists of nine or subscribing to the RSS news feed. Visit members, that has general supervisory the blog at http://jimcalloway.typepad.com authority over the rules and may adopt regulations consistent with the rules. o Office “Health Checks” — These consultations take place in the lawyer’s Member services provided include: office on a fee for services basis. A wide o reviewing seminars for accreditation range of management issues can be covered. Typically all staff and attorneys will be o accreditation of teaching activities

108 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 OKLAHOMA INDIGENT DEFENSE SYSTEM

CAPITAL COUNSEL POSITIONS The Oklahoma Indigent Defense System (OIDS) has one attorney position open in our Capital Trial Division, Norman office and one attorney position open in our Tulsa Capital Trial Division office located in Sapulpa. MANDATORY CONTINUING LEGAL EDUCATION – Jan Thompson, Director Beverly Petry Lewis and Johnny Floyd Salary for these positions are commensurate with qualifications and within agency salary schedule range. Excellent benefits. o responding to requests for clarification of the Rules of the Oklahoma Supreme Court for Any interested applicant should submit a letter Mandatory Continuing Legal Education of interest and resume by January 22, 2013 to: o processing the annual reports of compliance o helping each member receive all the credit Angie L. Cole, Personnel Officer he or she is entitled to for qualified CLE Oklahoma Indigent Defense System activities P.O. Box 926 Norman, OK 73070 o keeping a record of the Oklahoma approved or seminars attended by members [email protected] Phone: 405-416-7009 Email: [email protected] OIDS is an Equal Opportunity Employer Don’t Know Whom to Contact? If you need more information about which employee in a department to contact, check out the staff list at www.okbar.org/public/ about/staff.htm. You will find a list of OBA staff members, a summary of their responsibilities and their email address.

To get your free listing on the OBA’s lawyer listing service! Just go to www.okbar.org and log into your myokbar account. Then click on the “Find a Lawyer” Link.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 109 110 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Volume 78 ◆ No. 35 ◆ Dec. 22, 2007

Print or Electronic?

Court Material

You now have a choice. Continue receiving your printed Oklahoma Bar Journal court issues (two per month) in the mail – or receive an e-mail with a link to the electronic version instead. Mailed copies stop. There’s no dues reduction, but you save some trees. If you want the electronic version of the court issues and didn’t indi- cate that on your dues statement go online to http://my.okbar.org/ Login and sign in. Click on “Roster Info” to switch to electronic. Be sure your e-mail address is current. Want the print version? No need to do anything.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 111 Meet Your Bar Association Member Perks: Benefits Your Association Provides

eing a member of the Oklahoma Bar Association has its advantages. There’s a variety of free stuff and discounted Bservices and programs available to OBA members only. You’re sure to find a benefit that saves you money or enhances your practice.

ONLINE SERVICES Sync automatically syncs your activity history and saved favorites on any of the Fastcase OKNewsBar (www.okbar.org/oknewsbar. htm) — Designed with the needs of OBA mem- applications, so no work is ever lost. When you bers in mind, OKNewsBar has been created to log in through www.okbar.org, you will see the allow you to quickly access new Oklahoma favorites saved on your iPhone or iPad. To use and U.S. Supreme Court opinions as well as Fastcase, sign in with your MyOKBar user- up-to-date legal news and law practice man- name (OBA number) and password on the agement tips. Bookmark it today. OBA website. Details about Mobile Sync can be found at www.okbar.org/s/sync. Fastcase — The OBA offers online new www.okbar.org — Main website of the OBA legal research soft- with links to all other OBA web presences. ware as a free benefit feature! Information is primarily geared for members, to all OBA members. but contains a great deal of information for the The OBA has contracted with Fastcase to pro- public. vide national coverage, unlimited usage, MyOKBar (my.okbar.org) — password- unlimited customer service, and unlimited free protected portion of the OBA’s website. Easy to printing at no cost to bar members as a part of do everything from changing your official their existing bar membership. A new feature address, enrolling in a CLE course, checking was added recently – Mobile Sync, which your MCLE credits, paying your annual dues, makes the Fastcase Legal Research member benefit even more powerful. You now have the joining a section to listing your practice areas on option to link your Fastcase for the iPhone or the Internet so potential clients can find you. You iPad app with your desktop account. Mobile can also receive electronic communications from the bar by adding your email address to the roster. Plus, a new feature allows you to print a temporary bar card and print receipts from pre- vious dues and CLE payments. OBA-NET (www.oba-net.org) — Members- only interactive service. Free basic service with premium services available to enhance the member benefit. This is where lawyers are

112 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 empowered to help each other through online PUBLICATIONS discussions and an online document reposito- Oklahoma Bar Journal (www.okbar.org/obj) ry. You must agree to certain terms and be — 34 issues annually, contains articles, court issued a password to participate. opinions, substantive law, state bar news, pro- E-News (www.okbar.org/newsletter) — Cur- fessional changes, member news (moves, rent OBA news and information to assist in kudos, additions to firms, etc.), master calen- your law practice that is sent once a month to dar of judicial and bar events, free to active members with an email address as part of their members, $60 annual subscription, discount- official roster information. ed rate for senior members and Oklahoma law students. Specially printed binders to Online CLE (legalspan.com/okbar) — Qual- keep bar journals organized are available at ity OBA/CLE online programming, plus online $15.95 each. webcast and archived seminar programs from other state bar associations.

Continuing Legal Education materials — Seminar materials and form books are available for purchase, an affordable way to get Oklahoma Find A Lawyer (www.okbar.org/ quality, state-specific practice aids. Prices start findalawyer) — The OBA’s official lawyer list- at approximately $40. A complete list of top- ing service. Free to members and the public. It ics is available online, or come by the CLE is also a useful tool for lawyers to identify Dept. at the Oklahoma Bar Center Monday attorney practice area expertise in specific geo- – Friday, 8:30 a.m. – 5 p.m., and review the graphic areas. Sign up through MyOKBar. books available. CLE materials are also avail- Online research links (www.okbar.org/ able in an electronic format, by chapter, at research) — A quick way to find the Oklahoma www.legalspan.com/okbar/e-pubs.asp. Supreme Court website is to look up Oklahoma Consumer information brochures (www. cases and statutes online. Can be used to find okbar.org/public/brochures) — Pamphlets on the online site of the Court of Criminal Appeals 15 topics covering commonly asked questions or any of Oklahoma’s District Courts, locate a to give to clients, sold to OBA members at a state or federal agency, locate a federal court minimal cost of $16 for 100. Brochure topics site, find a municipal ordinance, rules from are: wills, probate, joint tenancy, home buying, local or federal courts or the current judicial tenant rights and duties, landlord rights, pictorial directory. As a bonus there are many divorce, small claims court, employee rights, other links to assist in your legal and factual bankruptcy, trial juror information, lawyers & research. legal fees, living wills (brochure and form), Website design and hosting — Provided by criminal law and resolving conflicts and dis- the OBA staff to committees, sections and putes. As a community service, the OBA dis- county bar associations. tributes the brochures free to courthouses and libraries throughout the state. There’s an order Prepared speeches for community/civic form online. groups (www.okbar.org/s/publicspeeches) — Speeches, outlines and handouts prepared by the OBA’s Bench and Bar Committee on selected topics for presentation to public groups.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 113 PRACTICE MANAGEMENT/ PROFESSIONALISM Young Lawyers Division — The YLD is a professional service network offering the chance to participate in community and bar- related programs. Lawyers of any age who have been in practice less than 10 years are automatically members. No dues are required. Find information about YLD programs at www. okbar.org/yld and connect with members on Facebook at www.facebook.com/obayld. Continuing Legal Education seminars MAP workshops — Customized day-long (www.okbar.org/cle) — The OBA creates and presentations on technology and office proce- coordinates: live seminars, webcasts and vid- dures conducted on-site to a group of attorneys eotaped programs. The OBA also offers materi- and staff members from different firms using a als on a full spectrum of legal topics. OBA multimedia approach, may include computer- members can come to the bar center anytime generated presentation, videotapes on such during regular business hours to watch a semi- topics as professionalism and trust accounting nar video of your choice and earn CLE, but procedures and workshop exercises, afternoon please call in advance to schedule. Call Renee session devoted to answering specific ques- Montgomery at 405-416-7029. tions anonymously submitted. This is for firms who wish to share costs and have more general information presented to them. Book purchasing program — OBA members can purchase ABA Law Practice Management Section books at the same discount as ABA/ LPM members through the OBA Management Assistance Program.

Practice management/ technology hotline service — Free telephone calls to the Manage- ment Assistance Program (MAP) staff and the OBA director of technology for brief answers about practical management and technology issues, such as law office software, understanding computer jargon, staff and personnel problems, software training opportunities, time management and trust account management. Call 405-416-7008. Lending library — Law practice manage- Office “health checks” — In-depth personal ment books, video and audio tapes available or group consultations that take place in the for lawyers to check out and review. There is lawyer’s office, consultations may focus on no fee for checking out materials to take home. technology, office procedures or other areas The complete list of materials is online at www. agreed upon by attorney and MAP coordina- okbar.org/members/map/lending.htm. tor. Fee is $500 per day for small law firms (five Ethics Counsel attorneys or less) or $750 per day for medium — Assists members with or larger firms (more than five attorneys), pro- ethical questions and inquiries on subjects such gram offered by the OBA’s MAP Department. as conflicts, confidentiality and client concerns. Call 405-416-7008 to schedule. The ethics counsel also presents continuing education programs on the topics of ethics and professionalism. Call 405-416-7055.

114 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Annual Meeting — Participate in CLE programs, section and committee meetings, have a voice in determining the OBA’s legislative program and electing future state bar leaders, take advantage of networking opportunities with attorneys and judges from throughout the state. The 2013 Annual Meeting will be Nov. 13-15 at the Sheraton Hotel in Oklahoma City.

Crisis Counseling Services — Need help with stress, depression or addiction? Call the Lawyers Helping Lawyers Assistance Program toll-free at 800-364-7886. The OBA offers all bar members up to six hours of free crisis counseling. It’s strictly confidential and available 24 hours a day. Plus, members can take advantage of free lawyer discussion groups that meet monthly in Tulsa and Oklahoma City. Details about the groups that have a different topic Solo & Small Firm Conference/YLD Mid- every month are online at www.okbar.org/s/ year Meeting — Lawyers have the opportunity discussiongroups. to get to know one another and to take advan- OBA sections — 24 substantive law sections tage of a CLE seminar in a relaxed family set- that offer professional development and inter- ting. Mark your calendar for June 20-22, 2013, at the Choctaw Casino Resort in Durant. action, experience professional growth by learning from colleagues in your practice area OTHER SERVICES and develop new contacts, benefits vary by sec- Direct dial and 24-hour messaging to OBA tion with a growing number of sections holding staff members — Bypass waiting for the OBA midyear or quarterly meetings that offer free or receptionist to answer your call by dialing a discount CLE to section members, some sections staff person or department directly, a list of publish member newsletters. You’ll find a list of phone numbers is published in the Oklahoma sections, their annual dues and membership reg- Bar Journal next to the events calendar, leave a istration form on page 130. voice message anytime (nights and weekends County bar association and civic group too). After-hour calls to the general phone speakers — OBA officers, Board of Governors numbers 405-416-7000 or 800-522-8065 are automated and will list department extension members and staff members are available (for numbers to punch in if you don’t know the the price of a meal) to speak at luncheons and direct phone number. banquets on a wide variety of topics including legislative issues, ethics, law office manage- Video conferencing — Available at the Tulsa ment and law practice tips. County Bar Center and OSU Tulsa so that committee and section members can join in on NETWORKING meetings without traveling to Oklahoma City. Leadership opportunities — Boards, com- Legislative services — The OBA’s executive mittees, sections, and commissions are some of director works for adoption of legislative issues the volunteer opportunities that offer career approved by the House of Delegates, and the development and ways to interact with other Legislative Monitoring Committee provides a attorneys and judges. Members may volunteer periodic legislative report highlighting the sta- to serve on a committee at anytime during the tus of selected bills during the session. The year. The link to sign up can be found at www. report is published in the Oklahoma Bar Journal okbar.org. Scroll down to find the “Get Involved” and on the website while the Legislature is in box and click on “Join a committee.” session.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 115 Oklahoma Legal Directory — Official directory of OBA members with addresses and phone numbers, roster alphabetical and by county, includes guide to county, state and federal offices plus departments of the U.S. and Oklahoma government, complete digest of courts, professional associations including OBA officers, committees and sections. Published by Legal Direc- tories Publishing Co. in both hard bound and electronic editions; $60 + shipping and sales tax. Call 800-447-5375 ext. 2 to request order form or go to www.legaldirectories.com. Meeting rooms at Bar Center — Many size rooms to choose from to accommodate small Title Examination Standards — Contains all and large group meetings, client conferences the presently effective Oklahoma Title Examina- and depositions. Free to members during week- tion Standards and reflects all revisions, pro- day business hours, nominal fee for evenings. duced by the OBA Real Property Law Section, $5 per copy, free to section members. To be mailed Toll-free phone number — In-state OBA a copy, email Wanda Reece-Murray for the exact members who live outside the Oklahoma City shipping cost at [email protected]. metro calling area can place free calls to the Oklahoma Bar Center by dialing 800-522-8065, MEMBER DISCOUNTS which connects you to our receptionist (a real, Avis Car Rental — The Oklahoma Bar Asso- live person — not a machine) to direct your call ciation can offer you the use of its Avis car to the proper person or department. rental discount rates if you refer to A674000. OPTIONAL MEMBER PURCHASE Contact Avis toll-free at 800-831-8000 or www.avis.com. ABA Retirement Funds — The ABA Retire- ment Funds program is designed to provide unique, full service 401(k) plans to the legal community, and ABA membership is not required. It was created over 45 years ago by the American Bar Association. By leveraging the size of the ABA Retirement Funds Program which brings together nearly 4,000 firms, the program offers a fund lineup and services tradi- tionally only available to the largest corporate plans. These services are offered at no out-of- pocket expense to law firms of all sizes with institutionally priced funds for their partici- Call Ruby – Virtual pants. Contact a program representative at Reception Service — Look- new! 800-826-8901 for a program prospectus or visit ing for a full-time recep- www.abaretirement.com for more information. tionist for your law practice but worried about the expense? Call Ruby may be the answer. OBA-sponsored insurance programs — Call Ruby is a virtual reception service based in Keep rates low through group buying power. Portland, Ore. You can use their services full- For information about OBA programs for life, time, or you can get temporary help a few health (employer-group and individual), indi- hours a day when you want to close for lunch vidual disability, personal umbrella liability, or need someone to fill in when someone is out long-term care and other insurance plans, con- sick. It’s a great solu- tact Beale Professional Services 405-521-1600, tion for solo and small 800-530-4863; www.bealepro.com. For profes- firms; the service will sional liability, Oklahoma Attorneys Mutual screen, an-nounce and Insurance Co. is the only insurer owned by transfer calls, take mes- OBA members, 405-471-5380, 800-318-7505; sages, place outgoing www.oamic.com. They also offer a broad calls and more. To learn range of court bonds with more information more, contact Ashley at www.oklahoma.onlinecourtbonds.com.

116 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Fisher at 866-611-7829 or visit www.callruby. • Up to 70 percent on FedEx Freight® and com/okbar. Mention your OBA membership FedEx National LTLSM services. and receive a free 14-day trial, free activation, For more information or to enroll, please go and special pricing on your monthly plan. to www.1800members.com/new/oba or call Colcord Hotel — A boutique hotel near 800-MEMBERS 7 a.m. – 5 p.m. CST, M-F. Bricktown in downtown Oklahoma City, the Hertz Car Rental — The OBA’s discount num- Colcord Hotel offers OBA members a discount- ber for Hertz car rental is CDP 0164851. Hertz ed rate of $149 per night for a deluxe king or toll-free is 800-654-3131 or www.hertz.com. deluxe double room $179 per night for a superior corner king and $279 per night for the Colcord Suite. Call the hotel at 866-781-3800 to make your reservation and mention that you are an OBA member for the special discount or make your reservation online at www.colcord- hotel.com utilizing the corporate rate; access code is OKBR. CoreVault Cloud Backup & Hosting — Cor- eVault’s cloud backup, recovery and hosting solutions feature personal service from certified professionals that help law firms nation- wide reduce costs, minimize risks, increase scalability and ensure data availability 24/7. Your backups are automated and validated International Travel — Go Next has been in daily, and continuously monitored by our certi- business for 39 years. They provide high qual- fied team of experts. Data is protected with ity, recreational travel to destinations around unlimited retentions and two private off-site, the globe. Group rates on trips are available to geographically separate data centers. New you, your family and your friends. All trips smartphone and tablet protection ensures that include airfare from either Oklahoma City or your data is secure while on the go. Their ser- Tulsa, accommodations, transfers, breakfast vices are recommended by 16 bar associations buffet and other amenities. See highlights of and to more than 450,000 attorneys. Call Cor- the current trip offerings at www.GoNext.com. eVault at 866-981-5946 or visit them at www. Call Go Next toll-free at 800-842-9023 for more corevault.com/oba. Special member pricing information and/or reservations. for both services. LawPay — Credit card processing designed for attorneys that safeguards and separates FedEx Shipping Services — Members are client funds into trust and operating accounts. eligible to receive valuable discounts of up to Credit cards attract clients, win business, 26 percent on select FedEx® shipping services. improve cash flow and reduce collections. To There are no costs and no minimum shipping learn more call 866-376-0950 or visit www. requirements to take advantage of this great lawpay.com/oba. new member benefit. OBA members can save: LawWare — Bar members may subscribe to • Up to 26 percent on FedEx Priority Over- the document assembly, document manage- night® and FedEx Standard Overnight® ment and client management software pro- envelopes. gram at a discounted group rate. Created by • Up to 20 percent on FedEx Priority Over- Oklahoma attorneys in 1991, LawWare stream- night, FedEx Standard Overnight, FedEx lines the process of organizing and generating 2Day® and FedEx Express Saver® paks and legal forms and related documents for law packages, and FedEx International Priority® offices of any size. With the OBA endorsement, and FedEx International Economy® ship- members may subscribe to LawWare at a dis- ments. counted rate of $49 per month for the first copy and $10 per month for each additional office • Up to 12 percent on FedEx Ground® and copy. To inquire about LawWare or to order a FedEx Home Delivery® shipments, depend- subscription, call 866-LAW-WARE or visit ing on the weight of the package. www.LawWare.com.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 117 Mobile Dictation Service — Mobile Assis- istered with them, the service recognizes the tant is a new OBA member benefit designed to number and lets you start dictating immediately document your critical client meeting informa- without you having to remember your log-in tion through on-the-go transcription over the information. The service offers a free trial. Sign phone. It’s an easy, fast, up at www.mobileassistant.us. secure and accurate way of WESTLAW discounts documenting client inter- new! — West Publishing action, drafting letters and Corp. offers OBA members a variety of dis- capturing important meeting details. OBA counts on its products and services, members members are eligible for a 25 percent discount receive Oklahoma’s jurisdictional CD-ROM by using the coupon code OKBAR. OBA mem- libraries with the first billable monthly sub- ber cost is $54.37 a month for up to 500 lines scription charge waived. For information on (line equals 65 characters including spaces). other offers available call 800-762-5272. Exceed that limit and pay 12 cents per line WordPerfect Licensing Program — The OBA above 500 lines. Using Mobile Assistant is easy: has signed on to Corel Corporation’s bar asso- 1) call the service from any phone, 2) dictate ciation licensing program, allowing OBA mem- your notes (no time limit) and 3) your notes are bers to purchase licenses of the award-winning emailed to you the same day after being tran- Corel and WordPerfect® products such as Per- scribed by a real, live person located within the fect Authority, PDF Fusion, WordPerfect Office U.S. Instead of email, notes can also be made X6, WinDVD and WinZip 16 Pro at substan- available through secure download. Mobile tially reduced prices. To place an order, go to Assistant promises privacy, confidentiality and www.corel.com/barassociation. complete security. If your phone number is reg-

SAVE THE DATE! 2013 SOLO & SMALL FIRM CONFERENCE OKLAHOMA BAR ASSOCIATION

June 20-22, 2013

Choctaw Casino Resort in Durant, Oklahoma !

118 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 119 CONNECT.

Grow your network. Grow your law practice.

Like us on Facebook Follow us on Twitter www.facebook.com/oklahomabarassociation www.twitter.com/oklahomabar www.facebook.com/obacle www.twitter.com/obacle www.facebook.com/obalre www.facebook.com/obayld

120 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Meet Your Bar Association OBA Sections ant a way to network with other attorneys in your practice area from across the state? The OBA supports 24 Wsubstantive law sections that offer professional development and interaction. Experience professional growth by learning from colleagues in your practice area and develop new contacts. Benefits vary by section with a growing number of sections holding midyear or quarterly meetings that offer free or discount CLE to section members, some sections publish member newsletters. The following is a list of those who are leading the sections in 2013.

Alternative Dispute Resolution Section David Tracy, Secretary-Treasurer 1701 S. Boston Avenue D. Michael O’Neil Jr., (OKC) Co-Chairperson Tulsa, OK 74119 210 Park Avenue, Suite 700 918-582-8000 Oklahoma City, OK 73102 [email protected] 405-232-2020 [email protected] Larry Yadon, editor of ADR Connections 1 W. 3rd Street, Suite 1667 Michael A. Simpson, (Tulsa) Co-Chairperson Tulsa, OK 74103-3519 1500 ParkCentre 918-595-6607 525 S. Main [email protected] Tulsa, OK 74103 918-582-8877 Appellate Practice Section [email protected] Collin Walke, Chairperson 101 Park Avenue, Suite 800 Oklahoma City, OK 73102 405-235-1333 [email protected] Michael F. Smith, Chairperson-Elect McAfee & Taft 1717 S. Boulder, Suite 900 Tulsa, OK 74119 918-574-3078 [email protected] Karen Grundy, Secretary 4116 S. Atlanta Avenue Tulsa, OK 74105 918-745-9134 [email protected]

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 121 Mark Koss, Treasurer P.O. Box 720804 Oklahoma City, OK 73172-0804 405-720-6868 [email protected] Bankruptcy and Reorganization Section Therese Buthod, Chairperson P.O. Box 1347 Okmulgee, OK 74447-1347 918-549-7221 [email protected] Kathryn LaFortune, Chairperson-Elect 610 S. Hiawatha Timothy D. Kline, Chairperson-Elect Sapulpa, OK 74066 Phillips Murrah P.C. 918-248-5026 Corporate Tower 13th Floor [email protected] 101 N. Robinson Avenue Virginia Sanders, Secretary Oklahoma City, OK 73102 OIDS-General Appeals Div. 405-235-4100 P.O. Box 926 [email protected] Norman, OK 73070 John B. Jarboe, Co-Secretary/Treasurer 405-801-2727 Jarboe & Stoermer [email protected] 401 S. Boston, Suite 1810 Russ Cochran, Treasurer Tulsa, OK 74103-4018 7301 Deerberry Lane 918-582-6131 Oklahoma City, OK 73150 [email protected] 405-275-6800 [email protected] Layla J. Dougherty, Co-Secretary/ Treasurer Mock, Schwabe, Waldo, Elder Reeves Energy and Natural Resources & Bryant PLLC Law Section Two Leadership Square Lisa Silvestri, Chairperson 211 N. Robinson, 14th Floor GableGotwals Oklahoma City, OK 73102 1100 Oneok Plaza 405-348-2445 100 W. 5th Street [email protected] Tulsa, OK 74103-4217 918-595-4800 Business and Corporate Law Section [email protected] Mark Schell, Chairperson Brad Gungoll, Chairperson-Elect Unit Corporation Gungoll, Jackson P.O. Box 702500 3030 Chase Tower Tulsa, OK 74170-2500 100 N. Broadway 918-493-7700 Oklahoma City, OK 73102 [email protected] 405-272-4710 [email protected] Criminal Law Section Eric Huddleston, Secretary/Treasurer Charles S. Rogers, Chairperson Elias, Books, Brown & Nelson 2816 W. 15th Avenue Two Leadership Square Stillwater, OK 74074-1824 211 N. Robinson Avenue, Suite 1300 405-521-3921 Oklahoma City, OK 73102 [email protected] 405-232-3722 [email protected]

122 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Heather L. Cupp, Budget Director Donna J. Jackson, Secretary Hall, Estill, Hardwick, Gable, Attorney at Law Golden & Nelson, P.C. 10400 Vineyard Blvd., Suite C 320 S. Boston Avenue, Suite 200 Oklahoma City, OK 73120 Tulsa, OK 74103-3704 405-840-1874 918-594-0422 [email protected] [email protected] Dawn D. Hallman, Treasurer Pamela S. Anderson, Immediate Hallman & Associates PC Past Chairperson 2230 McKown Drive Hall, Estill, Hardwick, Gable, Norman, OK 73072 Golden & Nelson 405-447-9455 320 S. Boston Avenue, Suite 200 [email protected] Tulsa, OK 74103-3704 918-594-0448 L. Michele Nelson, Legislative Liaison [email protected] L. Michele Nelson PC 2112 East 15th Street Environmental Law Section P.O. Box 472142 Tulsa, OK 74147-2142 Jeri R. Fleming, Chairperson 918-398-7526 5508 E. 32nd Avenue [email protected] Stillwater, OK 74074 918-260-5230 [email protected] Laura J. Finley, Chairperson-Elect 5801 N.W. 86th Street Oklahoma City, OK 73132 405-249-0517 [email protected] Betsey Streuli, Secretary 707 N. Robinson P.O. Box 1677 Oklahoma City, OK 73101 405-702-7147 [email protected] Dustin Davis, Web-Based Matt Caves, Treasurer Application Co-Coordinator 100 N. Broadway Avenue, Suite 3300 Evans & Davis Oklahoma City, OK 73102 211 North Broadway 405-272-9241 Edmond, OK 73034 [email protected] 405-286-2335 [email protected] Estate Planning, Probate and Trust Section Jeffrey C. Rambach, Web-Based Application Co-Coordinator Kara M. Greuel, Chairperson Hall, Estill, Hardwick, Gable, Curzon, Cumbey & Kunkel, PLLC Golden & Nelson, P.C. 5100 E. Skelly Drive, Suite 1040 320 South Boston Avenue, Suite 200 Tulsa, OK 74135 Tulsa, OK 74103-3706 918-491-4036 918-594-0447 [email protected] [email protected] Keith Peters, Chairperson-Elect Gale Allison, Immediate Past Chair McAfee & Taft PC The Allison Firm PLLC Two Leadership Square P.O. Box 700116 211 N. Robinson, 10th Floor Tulsa, OK 74170 Oklahoma City, OK 73102 918-492-4500 405-552-2338 [email protected] [email protected]

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 123 Family Law Section Rees T. Evans, Historian 501 N.W. 13th Street Donelle H. Ratheal, Chairperson Oklahoma City, OK 73103-2203 4045 N.W. 64th Street, Suite 210 405-232-4311 Oklahoma City, OK 73116 [email protected] 405-842-6342 [email protected] Brad Cunningham, Membership Chairperson 320 S. Boston, Suite 725 M. Shane Henry, Chairperson-Elect Tulsa, OK 74103 906 S. Cheyenne 918-779-3800 Tulsa, OK 7419 [email protected] 918-585-1107 [email protected] Amy Wilson, Suites 3840 S. 103rd East Avenue, Suite 109 Monica Dionisio, Secretary Tulsa, OK 74146 10 E. Archer Street, No. 1-410 918-439-2424 Tulsa, OK 74103 [email protected] 580-210-9482 [email protected] Donelle H. Ratheal, Trial Advocacy Institute Committee Chairperson Kimberly K. Hays, Budget Officer/Treasurer 4045 N.W. 64th Street, Suite 210 248 W. 16th Street Oklahoma City, OK 73116 Tulsa, OK 74119 405-842-6342 918-592-2800 [email protected] [email protected] CLE Committee Co-Chairpersons M. Shane Henry 906 S. Cheyenne Tulsa, OK 7419 918-585-1107 [email protected] Ron Little Two West Second Street, Suite 700 Tulsa, OK 74103-3117 918-582-1211 [email protected] Legislative Committee Co-Chairpersons Noel K. Tucker Tamera A. Childers, Immediate P.O. Box 601 Past Chairperson Edmond, OK 73083-0601 3800 First Place Tower 405-348-1789 15 East 5th Street [email protected] Tulsa, OK 74103-4309 918-581-8200 Phillip J. Tucker [email protected] P.O. Box 601 Edmond, OK 73083-0601 David Tracy, Awards and Nominations 405-348-1789 1701 S. Boston Avenue [email protected] Tulsa, OK 74119 918-582-8000 Policies/Procedures Committee [email protected] Co-Chairpersons William G. LaSorsa, Bylaws Noel K. Tucker 15 E. 5th Street, Suite 3800 P.O. Box 601 Tulsa, OK 74103-4309 Edmond, OK 73083-0601 918-581-8200 405-348-1789 [email protected] [email protected]

124 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Kimberly K. Hays Financial Institutions and Commercial 248 W. 16th Street Law Section Tulsa, OK 74119 918-592-2800 Eric L. Johnson, Chairperson [email protected] Corporate Tower 101 N. Robinson Ave., 13th Floor Practice Manual Co-Editors Oklahoma City, OK 73102 Jon Ford 405-235-4100 One Grand Center [email protected] 201 N. Grand, Suite 400 Jesse L. Sumner, Vice Chairperson Enid, OK 73701-4341 P.O. Box 1051 580-234-0253 Tulsa, OK 74101-1051 [email protected] 918-497-5202 Phillip J. Tucker [email protected] P.O. Box 601 Edmond, OK 73083-0601 405-348-1789 [email protected] Keith Jones 5801 E. 41st Street, Suite 300 Tulsa, OK 74136-5628 918-770-4890 [email protected] Social Committee Co-Chairpersons Keith Jones 5801 E. 41st Street, Suite 300 Tulsa, OK 74136-5628 918-770-4890 J. Mark Lovelace, Treasurer and Immediate [email protected] Past Chairperson Amy Wilson Corporate Tower 3840 S. 103rd East Avenue, Suite 109 101 N. Robinson Ave., 13th Floor Tulsa, OK 74146 Oklahoma City, OK 73102 918-439-2424 405-235-4100 [email protected] [email protected] Judicial Liaisons Robert T. Luttrell III, Program Liaison McAfee & Taft Judge Lynne McGuire (OKC) 211 N. Robinson Ave., 10th Floor 321 Park Avenue, Room 109 Oklahoma City, OK 73102-7103 Oklahoma City, OK 73102 405-552-2291 405-713-1113 [email protected] [email protected] General Practice/Solo and Small Firm Judge Mary Fitzgerald (Tulsa) 2729 E. 22nd Street Section Tulsa, OK 74114 Gary Dean, Chairperson 918-596-5000 208 S. Vann Street [email protected] Pryor, OK 74361-5216 918-825-1676 [email protected]

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 125 Government and Administrative Law Practice Section Gary Payne, Chairperson 2328 N.W. 118th Street Oklahoma City, OK 73120 405-297-2413 [email protected] Scott Boughton, Chairperson-Elect 3545 N.W. 58th St., Suite 1000 Oklahoma City, OK 73112-4712 Indian Law Section 405-717-8957 Brandy Shores, Chairperson [email protected] 10441 S. Regal Blvd., Suite 200 Tulsa, OK 74133 John Miley, Treasurer 918-970-2000 P.O. Box 53039 [email protected] Oklahoma City, OK 73152-3039 405-557-7146 Susan Arkeketa, Vice Chairperson [email protected] P.O. Box 580 Okmulgee, OK 74447 Tamar Scott, Secretary 918-295-9720 Oklahoma Department of Transportation [email protected] 200 N.E. 21st Street Trisha Archer, Secretary Oklahoma City, OK 73105 9242 S. Sheridan Road, Suite K [email protected] Tulsa, OK 74133 918-619-9191 Health Law Section [email protected] Cori Loomis, Chairperson Deborah Reed, Budget Officer 20 N. Broadway, Suite 1800 P.O. Box 184 Oklahoma City, OK 73102-8273 Oaks, OK 74359 405-234-3238 918-868-1645 [email protected] [email protected] Elizabeth Tyrrell, Vice Chairperson Insurance Law Section Two Leadership Square, 10th Floor Jon Starr, Chairperson 211 N. Robinson Avenue McGivern & Gilliard Oklahoma City, OK 73102 P.O. Box 2619 405-235-9621 Tulsa, OK 74101-2619 [email protected] 918-584-3391 [email protected] Karen Rieger, Secretary 20 N. Broadway, Suite 1800 Ryan C. Harper, Vice Chairperson Oklahoma City, OK 73102 First Place 405-235-7788 15 East 5th Street, Suite 3900 Tulsa, OK 74103 [email protected] 918-295-8888 Mary Holloway Richard, Budget Officer [email protected] Legal Counsel, INTEGRIS Health J. M. Scott Ryan , Treasurer 3030 NW Expressway, Suite 1700 Taylor, Ryan, Schmidt & Van Dalsem PC Oklahoma City, OK 73112 850 Boulder Towers 405-951-4788 1437 S. Boulder Avenue [email protected] Tulsa, OK 74119 918-948-6958 [email protected]

126 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Susan L. Eads, Secretary Paul Rossler, District 1 Director Oklahoma City, OK 73170 GableGotwals 405-650-8995 1100 ONEOK Plaza [email protected] 100 W. Fifth Street Tulsa, OK 74103 Matthew B. Wade, OBA Liaison 918-595-4800 Ailles & Associates [email protected] One Benham Place 9400 N. Broadway Extension, Suite 500 Julianna Deligans, Director At-Large/ Oklahoma City, OK 73114 Immediate Past President 405-419-2655 Hall, Estill, Hardwick, Gable, [email protected] Golden & Nelson PC Chase Tower, Suite 2900 Intellectual Property Section 100 N. Broadway Oklahoma City, OK 73102 Scott Zingerman, President 405-553-2828 Fellers, Snider, Blankenship, Bailey [email protected] & Tippens PC 321 S. Boston, Suite 800 Juvenile Law Section Tulsa, OK 74103-3318 Tsinena Thompson, Interim Chairperson 918-599-0621 Oklahoma Lawyers for Children [email protected] 4901 Richmond Square, Suite 101 Oklahoma City, OK 73118 Barbara Krebs Yuill, Vice President 405-232-4453 Dunlap & Coding PC [email protected] 1601 N.W. Expressway, Suite 1000 Oklahoma City, OK 73118 Labor and Employment Law Section 405-607-8600 Adam W. Childers, Chairperson [email protected] Crowe & Dunlevy PC David Sullivan, Secretary/Treasurer 20 N. Broadway, Suite 1800 Crowe & Dunlevy Oklahoma City, OK 73102 20 N. Broadway, Suite 1800 405-235-7741 Oklahoma City, OK 73102 [email protected] 405-235-7700 Amber L. Hurst, Vice Chairperson [email protected] Hammons, Gowens, Hurst & Assoc. Andy Peterson, District 2 Director 325 Dean A. McGee Avenue McAfee & Taft Oklahoma City, OK 73102 Two Leadership Square 405-235-6100 211 N. Robinson Avenue, 10th Floor [email protected] Oklahoma City, OK 73102-7103 Nicole M. Longwell, Treasurer 405-235-9621 320 S. Boston Avenue, Suite 700 [email protected] Tulsa, OK 74103 918-382-9200 [email protected] Abby Dillsaver, Secretary Deputy General Counsel Oklahoma Tax Commission 120 N. Robinson, Suite 2000W Oklahoma City, OK 73102 405-319-8550 [email protected] Christine Cave, Immediate Past Chairperson 6307 Waterford Avenue, Suite 250 Oklahoma City, OK 73118 405-702-9797 [email protected]

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 127 Law Office Management and Technology Section Donnie G. Pope, Chairperson 611 24th Ave. SW, Suite 102 Norman OK 405-360-7555 [email protected] Michael D Johnson, Chairperson-Elect 623 N. Porter, Suite 400 Norman OK 73071 405-579-9692 Military and Veterans Law [email protected] Robert Donald Gifford II, Chairperson John N. Brewer, Secretary-Treasurer 210 Park Avenue, Suite 400 3113 N. Classen Blvd. Oklahoma City, OK 73102 Oklahoma City OK 73118 405-553-8736 405-606-8424 [email protected] [email protected] Real Property Law Section Litigation Section Jeff Noble, Chairperson Renée DeMoss, Chairperson 4040 N. Tulsa 100 W. 5th St., Suite 1100 Oklahoma City, OK 73112 Tulsa, OK 74103-4217 405-942-4848 918-595-4800 [email protected] [email protected] Chris J. Smith, Chairperson-Elect Gaylon Hayes, Secretary 1000 W. Wilshire, Suite 428 6805 S. Western Avenue, Suite 500 Oklahoma City, OK 73116 Oklahoma City, OK 73139-1708 405-919-6876 405-616-5045 [email protected] [email protected] Lucas J. Munson, Budget Officer J. Chris Davis, Budget Officer 247 N. Broadway 15 W. 6th St., Suite 2200 Edmond, OK 73034 Tulsa, OK 74119 405-513-7707 918-584-6644 [email protected] [email protected] Matthew Winton, Secretary Larry Lipe, Immediate Past Chairperson Vaughn & Winton PLLC 4000 One Williams Center 3233 E. Memorial Rd., Suite 103 Tulsa, OK 74172-0148 Edmond, OK 73013 918-586-8512 405-478-4818 [email protected] [email protected] Kraettli Q. Epperson, TES Committee Chair 50 Penn Place 1900 N.W. Expressway, Suite 1400 Oklahoma City, OK 73118 405-848-9100 [email protected] Jason Soper, Legislative Liaison Committee Chair P.O. Box 1292 Oklahoma City, OK 73101 405-552-7721 [email protected]

128 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 John B. Wimbish, TES Handbook Julie M. Holmes Chapel, IRS Liaison Officer Editor-in-Chief 55 North Robinson, Mailstop: 2000OKC 5314 S. Yale, Suite 200 Oklahoma City, OK 73102 Tulsa, OK 74135 405-297-4823 918-494-3770 [email protected] [email protected] Sheppard F. “Mike” Miers Jr., State Scott W. Byrd, Immediate Past Chairperson Liaison Officer 3726 E. 43rd Street 100 W. 5th St., Suite 1100 Tulsa, OK 74135 Tulsa, OK 741023 918-587-3161 918-595-4800 [email protected] [email protected] Taxation Law Section Workers’ Compensation Section Alan G. Holloway, Chairperson Molly H. Lawyer, President 211 N. Robinson, 10th Floor 10441 S. Regal Blvd, Ste 200 Oklahoma City, OK 73102 Tulsa, OK 74133 405-552-2344 918-970-2000 [email protected] [email protected] Charlotte Abigail Dillsaver, Vice-Chairperson Daniel J. Talbot, President-Elect 120 N. Robinson, Suite 2000W 13901 Quail Pointe Dr. Oklahoma City, OK 73102 Oklahoma City, OK 73134 405-319-8550 405-602-5600 [email protected] [email protected] Ralph “Ted” Blodgett, Secretary John Shears, Treasurer 629 24th Avenue Southwest 210 Park Avenue, Suite 700 Norman, OK 73069 Oklahoma City, OK 73102 405-360-5533 405-232-2020 [email protected] [email protected] Kassandra M. Bentley, Treasurer Two West Second Street, Suite 700 Tulsa, OK 74103 918-582-1211 [email protected] Kurt Schneiter, Member at Large (West) 2200 Classen Blvd., No. 3123 Norman, OK 73071 405-833-4595 [email protected] Kenneth L. Hunt, Member at Large (East) 320 S. Boston Avenue, Suite 200 Tulsa, OK 74103 918-594-0420 [email protected]

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 129 Interested in joining a section? Use this form if you’ve already paid your 2013 dues. If not, you can sign up online when you pay your dues at MyOKBar.org. OBA SECTION DUES **For new admits, section fees are waived for the remainder of the admitted year.**

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130 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Custom Designed Binders for your Oklahoma Bar Journal

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Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 131 SCHOLARLY ARTICLE

Indemnity and Contribution in Oklahoma By J. Christopher Davis and Jonathan Cartledge “Fairness is what justice really is.” — Hon. Potter Stewart, Justice, U.S. Supreme Court, 1958-1981 or those practicing any type of tort-related law, claims for indemnity or contribution commonly arise. However, a clear Funderstanding of what those claims involve, and the body of law surrounding each unique claim is not common. Indemnity and contribution are further ways the law is attempting to achieve fairness within the tort context. The legal concepts of indemnity and contribution may seem familiar and routine, but they are often misunderstood, misapplied or misconstrued. This article will attempt to separate fact from fiction and clarify many of the misconceptions about these distinct claims sounding in equity, not in damages as a remedy. INDEMNITY – FULL REIMBURSEMENT a product where the seller does not bear inde- FOR PAYMENT MADE ON BEHALF OF pendent liability.3 This is an extension of the ANOTHER concept of vicarious liability, understanding Indemnity has been defined as “An under- that an innocent seller of a defective product taking whereby one agrees to indemnify another should not be the ultimately responsible party upon the occurrence of an anticipated loss.”1 It is where it did not make any alterations to the further defined as “the compensation given to product itself. An additional example of statu- make a person whole from a loss already tory indemnity is where a person or entity sustained.”2 Indemnity has far-reaching effects violates the “six-foot rule” when driving or and is a potential issue in many tort disputes. working around power lines. That entity is However, “indemnity” actually comprises at potentially liable to the owner or operator of the lines for any damages or liability that may least three distinct concepts: contractual indem- 4 nity, statutory indemnity and common law result. In such an instance, the obligation of indemnity. Let’s start with a brief overview of one to pay for the defense of another, or to be each, under Oklahoma law. reimbursed accordingly, flows directly from a statutory mandate, irrespective of a contract or Statutory Indemnity equitable principles. Statutory indemnity is only applicable in a Contractual Indemnity few specific situations. One of the more common circumstances is in products liability Contractual indemnity is a risk allocation actions, and provides that a manufacturer of a device whereby the parties to a contract use defective product must indemnify the seller of indemnity provisions to apportion, or in some

132 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 instances completely shift, the responsibility sions: 1) broad-scope indemnity, which would for future third-party claims.5 It is similar in include requiring indemnification even for an concept to an exculpatory clause, but they have indemnitee’s sole negligence; 2) intermediate- different aims. scope indemnification, which requires indemnity except for an indemnitee’s sole negligence; Exculpatory clauses are intended to com- and 3) limited-scope indemnity which only pletely relieve a party from future liability. As makes the indemnitor liable for its own fault or a general matter, the Oklahoma Supreme Court negligence. The disparity in bargaining power has ruled that in order to be valid, exculpatory usually determines the type of provision. clauses or contracts: A common context for indemnity provisions 1) Must evidence a clear and unambiguous is in construction contracts. In such situations, intent to exonerate the party from liability general contractors tend to possess the greater for the specific damages sought to be recov- bargaining power, as they can demand a sub- ered; contractor’s agreement to a form contract. This 2) The agreement was executed where there led to an influx of broad-scope indemnity pro- was no vast difference in bargaining power visions, and eventually led to the passage of between the parties; and Okla. Stat. Tit. 15, §221 in 2006.9 Section 221 prohibits indemnification for a contractor’s 3) Enforcement of the clause is not contrary own negligence in construction contracts. There to public policy.6 are questions raised by the statute that have The Supreme Court expounded further in not yet been addressed by Oklahoma appel- Schmidt: late courts, such as how broadly the defini- tion of “construction contracts” should be A contractual provision which one party construed. Other states with similar statutes in future claims excuses it from liability for do not typically include such broad language tortious acts or omissions must clearly and as “other works dealing with construction,” cogently 1) demonstrate an intent to relieve and thus it could potentially be read very that person from fault and 2) describe the broadly. In the alternative, the phrase could nature and extent of damages from which be read as simply a “catch-all” designed to that party seeks to be relieved. This is so include only construction-specific categories not only when one assesses a party’s direct that may not quite fit neatly into one of the liability for negligence, but also when assay- enumerated categories, but not intending ing whether the agreement’s terms embrace anything further. As is usually the case, the acts of an agent or servant of that party. In extent of the statute’s application will eventu- short, both the identity of the tortfeasor to ally have to be settled by the appellate courts of be released and the nature of the wrongful Oklahoma. Regardless, Oklahoma recognizes act — for which liability is sought to be parties have a right to impose contractual indem- imposed — must have been foreseen by, nification terms on each other, although the and fall fairly within the contemplation of, the scope of such terms may be statutorily limited. parties. The clause must also identify the type and extent of damages covered — Common-Law/Equitable Indemnity including those to occur in future.7 The Oklahoma Supreme Court has stated Courts will uphold exculpatory provisions, “The general rule of indemnity is that one but since they are distasteful to the law,8 they without fault, who is forced to pay on behalf of will be strictly construed. another, is entitled to indemnification.”10 Put another way: In contrast, contractual indemnity clauses do not relieve a party from liability — rather, they Indemnity is a contract by which one shift the effects of liability to a different party, engages to save another from a legal conse- either during the pendency of a claim or after quence of the conduct of one of the parties, payment has been made. Any party to a con- or of some other person. It provides no tract would like to include an indemnity provi- remedy against a third party. Noncontrac- sion in their own favor. Not surprisingly, the tual or equitable indemnity is similar to party with more bargaining power has the common-law contribution; one who is only greater chance of forcing its inclusion. There constructively or vicariously obligated to are generally three types of indemnity provi- pay damages because of another’s tortious

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 133 and contribution will be the only method of recovery against the respective tortfeasor. … general contractors An additional wrinkle in equitable indemnity cases is the issue of notice of a pending claim tend to possess the greater and settlement to the putative indemnitor. If bargaining power, as the indemnitee notifies the prospective indemnitor of a potential settlement of the underly- they can demand a ing litigation, the indemnitor then has the opportunity to approve the settlement, partici- subcontractor’s agreement pate in settlement negotiations, or assume the to a form contract. defense of the underlying claim.19 If such notice and opportunity to object is given and the indemnitor does not act, the indemnitee must only show potential liability instead of actual conduct may recover the sum paid from 11 liability in the subsequent action for indemni- the tortfeasor. ty.20 This is a much less difficult standard for Indemnity is available where one party has a the indemnitee. Accordingly, where the poten- primary liability or duty that requires that tial indemnitor’s identity is known, it may be party to bear the whole of the burden as of benefit to the indemnitee to provide suffi- between certain parties.12 Thus, equitable cient notice of a settlement conference or pend- indemnity is only available where the party ing settlement in order to take advantage of forced to pay was not at fault. The right to this rule. indemnity must be premised upon a legal rela- CONTRIBUTION AMONG JOINT tionship between the parties: “either contrac- TORTFEASORS tual or vicarious liability on which to base the remedy.”13 The legal relationship at issue is an The ‘UCATA’ and Actions for “independent legal relationship, under which Equitable Contribution the indemnitor owes a duty either in contract The right to contribution did not exist at or tort to the indemnitee apart from the joint common law — it is a creation of statute. Okla- duty they owe to the injured party.”14 If two homa adopted its version of the Uniform Con- parties have no legal relationship to one anoth- tribution among Tortfeasors Act (UCATA) in er and owe the same duty to an injured party, 1978, permitting contribution among joint or there is no right to indemnity between the con- concurrent tortfeasors for the first time.21 While current/joint tortfeasors. This requirement of there are numerous specifics regarding the an “independent legal relationship” is why right to contribution found in section 832 and common law indemnity claims generally only Oklahoma case law, the essential basic require- survive summary judgment where there is ments necessary to an understanding of the vicarious liability in the form of manufacturer- concept are: 15 distributor and employer-employee (respon- 1) Two or more persons (or entities) must 16 deat superior). Instead, most cross-claims become jointly or severally liable in tort for the among defendants in litigation are in the nature same injury; of contribution. 2) One tortfeasor must pay more than its pro However, where indemnity is available, there rata share of liability; and are a number of specifics of which a party needs to be aware. For the purpose of the stat- 3) The other tortfeasor(s) were actually liable ute of limitations, a claim for indemnity does for the overpayment. not accrue until the loss has actually been The critical distinction between contribution paid.17 Indemnity may be available whether and common-law indemnity is that indemnity payment was made pursuant to a judgment or is only available to a fault-free party, while con- a settlement. A claim of indemnity is not barred tribution is only available to a joint or concur- merely because a party has an interest in set- rent tortfeasor. It is not possible to obtain relief tling.18 Additionally, a party must be able to through both, as they are mutually exclusive. prove they are not even 1 percent at fault. If the Of course, most parties will plead both in the party bears any liability, indemnity will not lie, alternative, which is permitted by Oklahoma

134 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 and federal law, and work out which is appli- are permitted to seek a setoff at trial for the cable during discovery and/or a trial. amount paid, but there may be no contribution. On the other side, if your client is not a There are a number of issues to be aware of settling party, the good faith requirement may when looking at a potential contribution action. be the only chance to attempt to keep the other First, a contribution action does not technically defendant in the case. “accrue” until payment is made in the underlying case, whether by judgment or by settle- The good faith requirement is a principle to ment, but may be asserted before judgment as prevent the rights of non-settling tortfeasors a permissive counterclaim, crossclaim or in a from being unfairly prejudiced.26 The test to third-party action.22 Thus, a party must deter- determine if the settlement agreement was mine whether to assert a claim for contribution reached in good faith within UCATA is wheth- (or indemnity) during a pending case or wait er the settlement agreement provides the until after payment is made (through settle- non-settling tortfeasor with reasonable setoff ment or judgment) and then file a separate commensurate to their degree of fault.27 If you action. There are case-specific determinations actually believe a settlement is agreed to for a that will inform that decision, and there is no collusive purpose, or that it bears no resem- one “right” method for every case. blance to the likely liability of that party, it is permissible to file an objection to the settle- In the UCATA, Section 832(A) requires two ment for lack of good faith. or more joint tortfeasors. Contribution is not available to a blameless party — indemnity is Evidence of the Underlying Settlement the only possibility in that case. This can lead to Once the contribution action is filed, an an interesting dilemma for a party who believes important consideration is how the evidence of it is not at fault but was forced to pay some settlement will be introduced in the action. In a amount of money at trial or in settlement of an recent case, the federal court in the Northern action. If there is no independent legal relation- District of Oklahoma ruled that the issue of the ship with the responsible party, it is possible the reasonableness of a settlement agreement is an party bringing the action will have to confess to affirmative defense — meaning the party bring- at least 1 percent of liability in order to be able to ing the action for contribution does not have to recover under a contribution theory of liability. prove the settlement’s reasonableness as a part There is no requirement in the statute that the of its case in chief.28 Instead, the defendant underlying theory of liability in a contribution must prove that a settlement was objectively action be the same as that asserted in the under- unreasonable, and defendant carried the com- lying action.23 mensurate burden of proof. While the Oklaho- Additionally, a tortfeasor must have paid ma Supreme Court has not directly ruled on more than its pro rata share of liability in order the issue, it is likely Oklahoma state courts will to recover in contribution.24 The entire purpose follow the lead of the Northern District in treat- behind contribution is equitable distribution of ing “reasonableness of the settlement” as an liability, so it is only where an overpayment affirmative defense. has occurred that contribution is available. Further, even if the settlement is found to be There is also no right of contribution for any unreasonable, only the portion that was unrea- intentional acts of a tortfeasor.25 The public sonable will be unrecoverable — if the court or policy reasons behind this provision are appar- jury finds the settlement was twice as much as ent, as any party who is liable for an inten- reasonable, the half of the settlement that was tional tort should not be permitted to force reasonable would still potentially be recover- another to pay for any portion of that action. able.29 Additionally, the Northern District of Section 832(H) also provides that the settling Oklahoma has held the determination of rea- tortfeasor is discharged from liability to any sonableness should be held to an objective other tortfeasor — if the settlement is given in standard, based upon the information and cir- good faith. If you represent a defendant in a cumstances existing at the time of the settle- multiple-defendant action, there are numerous ment. This means the subjective thoughts and considerations to be made. First, if you can reasoning of the parties (or insurers) involved negotiate a good faith settlement for just your in the settlement are not relevant. The court in client, the other defendants may not be permit- Holmes held that a reasonable defense could ted to seek contribution from your client. They include showing that a party contemplating

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 135 settlement did not conduct the type or manner struction, or for any moving, demolition, excavation, materials, or labor connected with such construction. of investigation a reasonable person would B. Except as provided in subsection C or D of this section, have conducted before determining to settle a any provision in a construction agreement that requires an entity 30 or that entity’s surety or insurer to indemnify, insure, defend or claim. Only the information available to the hold harmless another entity against liability for damage arising settling parties on the eve of the settlement is out of death or bodily injury to persons, or damage to property, 31 which arises out of the negligence or fault of the indemnitee, its probative of this issue. agents, representatives, subcontractors, or suppliers, is void and unenforceable as against public policy. Real Party in Interest C. The provisions of this section do not affect any provision in a construction agreement that requires an entity or that enti- Oklahoma permits the filing of a case in the ty’s surety or insurer to indemnify another entity against liability name of the insured even where an insurer for damage arising out of death or bodily injury to persons, or damage to property, but such indemnification shall not exceed paid the settlement or judgment in the under- any amounts that are greater than that represented by the degree lying case. According to Oklahoma appellate or percentage of negligence or fault attributable to the indemnitor, its agents, representatives, subcontractors or suppliers. courts, even in those situations, the insurer is D. This section shall not apply to construction bonds nor to not the “real party in interest” and is not a nec- contract clauses which require an entity to purchase a project- 32 specific insurance policy, including owners’ and contractors’ essary party to the action. The courts have protective liability insurance, project management protective held that so long as a judgment against or for liability insurance or builder’s risk insurance. the nominal plaintiff would protect the defen- E. Any provision, covenant, clause or understanding in a construction agreement that conflicts with the provisions and dant from any action brought on the same intent of this section or attempts to circumvent this section by basis, the concern about the party’s standing to making the agreement subject to the laws of another state, or that requires any litigation, arbitration or other dispute resolution bring the case ends. Even where the insurer proceeding arising from the agreement to be conducted in issued the check, it was on behalf of the party, another state, is void and unenforceable. 33 10. Nat’l Union Fire Ins. Co. v. A.A.R. Western Skyways Inc., 784 P.2d so the party can be the real party in interest. 52, 54 (Okla. 1989). This means that a contribution plaintiff may 11. Travelers Ins. Co. v. L.V. French Truck Svc. Inc., 770 P.2d 551, 555 n.16. choose to bring the action in its own name even 12. Thomas v. E-Z Mart Stores Inc., 102 P.3d 133, 139 (Okla. 2004). if its insurer made the full amount of the 13. Western Skyways, 784 P.2d at 55. underlying payment, and the contribution 14. Peak Drilling Co. v. Halliburton Oil Well Cementing Co., 215 F.2d 368, 370 (10th Cir. 1954), cited with approval by Harter Concrete Products defendant cannot have the insurer substituted Inc. v. Harris, 592 P.2d 526 (Okla. 1979). as the “real party in interest.” 15. Okla Stat Tit. 12, §832.1; Braden v. Hendricks, 695 P.2d 1343, 1349-50 (Okla. 1985). CONCLUSION 16. Porter v. Norton-Stuart Pontiac-Cadillac, 405 P.2d 109, 114 (Okla. 1965). 17. Travelers Ins. v. L.V. French Tr. Serv., 770 P.2d 551, 555-56 (Okla. There are many reasons a person or entity 1988). may be found liable in a judgment or may 18. Id. choose to settle an action even where that party 19. Caterpillar Inc. v. Trinity Indus. Inc., 134 P.3d 881, 888 (Okla. Ct. App. 2006) (citing In re Cooper Mfg. Inc., 131 F.Supp.2d 1238 (N.D. Okla. should not be entirely liable. In many situa- 2001)). tions, that party could bring an action for con- 20. Id. 21. Okla Stat Tit. 12, §832. It should be noted that although there are tribution or indemnity. As set forth above, two separate versions of the UCATA — 1939 and 1955 — Oklahoma did these avenues to recover a payment made are not adopt either version in toto. Oklahoma’s version provides: §832. Joint tortfeasors – Contribution – Indemnity – Exemptions – available in many different circumstances, and Release, covenant not to sue, etc. should be taken advantage of where they A. When two or more persons become jointly or severally liable in tort for the same injury to person or property or for the apply. Indemnity and contribution are reme- same wrongful death, there is a right of contribution among dies aimed at achieving fairness, and presum- them even though judgment has not been recovered against all ably one who has been made to pay the debts or any of them except as provided in this section. B. The right of contribution exists only in favor of a tortfeasor of another can obtain a measure of justice. who has paid more than their pro rata share of the common liability, and the total recovery is limited to the amount paid by the 1. Black’s Law Dictionary 769 (6th Ed. 1990). tortfeasor in excess of their pro rata share. No tortfeasor is com- 2. Id. pelled to make contribution beyond their pro rata share of the 3. Okla Stat Tit. 12, §832.1. entire liability. 4. Okla Stat Tit. 63, §984. C. There is no right of contribution in favor of any tortfeasor 5. See generally Lee Way Motor Freight v. Yellow Transit Lines Inc., 251 who has intentionally caused or contributed to the injury or F.2d 97 (10th Cir. 1957). wrongful death. 6. See Schmidt v. United States, 912 P.2d 871, 874 (Okla. 1996) (cita- D. A tortfeasor who enters into a settlement with a claimant tions omitted). is not entitled to recover contribution from another tortfeasor 7. Id. (emphasis in original). whose liability for the injury or wrongful death is not extin- 8. Id. guished by the settlement nor in respect to any amount paid in a 9. Okla Stat Tit. 15, §221 provides: settlement which is in excess of what was reasonable. “Construction agreement” defined: Limitations on liability arising E. A liability insurer which by payment has discharged, in out of death or bodily injury void — Exceptions full or in part, the liability of a tortfeasor and has thereby dis- A. For purposes of this section, “construction agreement” charged in full its obligation as insurer, is subrogated to the means a contract, subcontract, or agreement for construction, tortfeasor’s right of contribution to the extent of the amount it alteration, renovation, repair, or maintenance of any building, has paid in excess of the tortfeasor’s pro rata share of the common building site, structure, highway, street, highway bridge, via- liability. This provision does not limit or impair any right of duct, water or sewer system, or other works dealing with con- subrogation arising from any other relationship.

136 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 F. This act does not impair any right of indemnity under existing law. When one tortfeasor is entitled to indemnity from About The AuthorS another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity J. Christopher Davis is a part- obligation. ner and director of litigation for G. This act shall not apply to breaches of trust or of other fiduciary obligation. Johnson & Jones PC. He is a H. When a release, covenant not to sue, or a similar agree- 1995 graduate of the University ment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death: of Oklahoma College of Law, and 1. It does not discharge any other tortfeasor from liabil- formerly served as a federal judi- ity for the injury or wrongful death unless the other tortfeasor is specifically named; but it reduces the claim against others to the cial law clerk prior to private extent of any amount stipulated by the release or the covenant, practice. or in the amount of the consideration paid for it, whichever is greater; and 2. It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor. Jonathan Cartledge is the head 22. Okla. Gas & Elec. Co. v. Dist. Ct., 784 P.2d 61, 65 n. 24 (Okla. 1989). of the legal research, writing and 23. See Parker v. O’Rion Indus. Inc., 769 F.2d 647 (10th Cir. 1985). appellate division at Johnson & 24. Okla Stat Tit. 12, §832(B). 25. Okla Stat Tit. 12, §832(C). Jones PC. He graduated from the 26. City of Grand Terrace v. Superior Court, 192 Cal. App. 3d 1251, University of Tulsa College of 1265 (1987). 27. Stickler v. American Augers Inc., 757 N.E. 2d 573, 578 (Ill. App. Ct. Law in 2001 with highest honors. 2001). 28. White Electrical Services v. Franke Food Service Systems Inc., ____. 29. In re Holmes, 131 F.Supp.2d 1238, 1258-59 (N.D. Okla. 2001). 30. Id. at 1259. 31. Id. 32. See Lapkin v. Garland Bloodworth Inc., 23 P.3d 958, 960 (Okla. Ct. App. 2001); Caterpillar, supra, 134 P.3d at 885-86. 33. Id.

NOTICE OF JUDICIAL VACANCY The Judicial Nominating Commission seeks applicants to fill the following judicial office: Associate District Judge Eighth Judicial District Noble County, Oklahoma This vacancy is created by the retirement of the Honorable Dan Allen effective Decem- ber 31, 2012. To be appointed an Associate District Judge, an individual must be a registered voter of the applicable judicial district at the time (s)he takes the oath of office and assumes the duties of office. Additionally, prior to appointment, the appointee must have had a minimum of two years experience as a licensed practicing attorney, or as a judge of a court of record, or combination thereof, within the State of Oklahoma. Application forms can be obtained on line at www.oscn.net by following the link to the Oklahoma Judicial Nominating Commission or by contacting Tammy Reaves, Administrative Office of the Courts, 2100 North Lincoln, Suite 3, Oklahoma City, OK 73105, (405) 556-9300, and should be submitted to the Chairman of the Commission at the same address no later than 5:00 p.m., Friday, February 1, 2013. If applications are mailed, they must be postmarked by midnight, February 1, 2013. Heather Burrage, Chairman Oklahoma Judicial Nominating Commission

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 137 138 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 SCHOLARLY ARTICLE

What Every Attorney Must Know About Medicare Reporting and Reimbursement By Toni J. Ellington

n 2007, Congress passed Section 111 to the Medicare, Medicaid and SCHIP Extension Act (MMSEA).1 Designed to strengthen Medicare’s ability to implement and enforce its statutory right I 2 of recovery under the Medicare Secondary Payer statute, Section 111 must be considered by counsel for plaintiffs and defendants in every award, judgment or settlement.

The Medicare Secondary Payer (MSP) statute vision directed to insurers and self-insureds created reimbursement obligations in cases took effect on July 1, 2009. where a plaintiff’s medical expenses for inju- A “primary plan,” in the context of Section ries or illnesses are covered and paid by Medi- 111 reporting and Medicare reimbursement care, and then later paid to the plaintiff as part law, can be the paying party’s insurer or the of an award, judgment or settlement. Set forth paying party itself if that party is self-insured. in 42 U.S.C. §1395y(b)(2), this reimbursement As set forth in the statute: obligation for a Medicare-enrolled plaintiff has existed since 1980. The purpose of the MSP Payment under Medicare may not be made statute is to prevent the burden of medical with respect to any item or service to the expenses for personal injury or illnesses caused extent that... by another from being shifted to Medicare. The MSP statute requires certain plans to be pri- (ii) Payment has been made or can reason- ably be expected to be made under a work- mary payers over Medicare. In instances where 3 Medicare has made a payment for medical ben- man’s compensation law or plan of the efits covered under another plan, Medicare United States or a state or under an auto- will issue a conditional payment, on the condi- mobile or liability insurance policy or plan tion that Medicare will be reimbursed. (including a self-insured plan) or under no fault insurance. In 2007, Congress strengthened Medicare’s ability to obtain reimbursement by establishing 42 U.S.C. §1395y(b)2(A)(ii). the reporting requirements set forth in 42 REIMBURSEMENT OBLIGATIONS U.S.C. §1395y(b)(8), commonly referred to as UNDER THE MEDICARE SECONDARY Section 111. These requirements further defined PAYER STATUTE reimbursement and reporting requirements Under the MSP statute, notice of a claim under the MMSEA. Section 111 was passed in must be made to the Centers for Medicare or order to address problems with inconsistent Medicaid Services (CMS), and its Coordinator reporting and to attempt to slow the depletion of Benefits Contractor (COBC).4 Counsel does of the Medicare Trust Fund. The MMSEA pro- not need approval from a beneficiary in order to provide notice of a claim to CMS. Notice of a

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 139 claim is not required if plaintiff is not a Medi- thresholds. These thresholds and the dates of care-enrolled beneficiary, and there is no expec- applicability for mandatory reporting are as tation that Medicare may make a payment or follows: plaintiff will become a Medicare-enrolled ben- Thresholds for Total Payment of Claim (TPOC) eficiary within 30 months. Failure to comply with the requirements of the MSP statute can Amount Paid on or After have significant consequences for counsel. The $100,000 10/1/11 federal government can bring an action against “any” responsible party.5 The paying party $50,000 4/1/12 may have to pay double damages plus interest $25,000 7/1/12 for failure to comply. In addition, CMS may $5,000 10/1/12 refuse to recognize the settlement. Medicare $2,000 10/1/13 may also refuse future benefits to a plaintiff or $300 10/1/147 claimant who does not comply with the requirements of the MSP statute. Reporting is done electronically by RREs. Responsible reporting entities must register SECTION 111 REPORTING with CMS.8 Reporting the total payment of claim The strengthened requirements under Sec- (TPOC) is required based on certain submission tion 111 do not change the reporting obliga- time frames. Reporting requires entry of at least tions under the MSP statute. Reporting is 119 data fields out of a possible 255, including required for all responsible reporting entities the identification of the Medicare-enrolled ben- (RREs) for an applicable “primary plan,” which eficiary with adequate information to allow is defined very broadly as any group health Medicare to make appropriate determinations insurer, workmen’s compensation insurer, no- about the coordination of benefits. fault insurer or liability insurer. Nearly every IMPACT OF FAILURE TO REPORT AND line of insurance which provides payment for REIMBURSE MEDICARE personal injury or illness is considered “primary” to Medicare. Liability insurers and those In the past, Medicare did not pursue enforce- companies or defendants who self-insure for ment of the existing reporting requirements, liability may include auto liability insurers, and there was no penalty for failing to report uninsured and underinsured motorist insurers, information to Medicare. Therefore, the report- homeowners’ liability insurers, malpractice ing requirements were largely ignored and, insurers, product liability insurers and general consequently, Medicare lacked the informa- casualty insurers.6 An applicable “primary tion necessary to allow it to aggressively pur- plan” is also defined to include a self-insurance sue recovery of conditional payments from plan, making self-insured defendants RREs. In personal injury settlements. This inconsistent cases involving legacy liabilities such as asbes- reporting, along with growing concern over tos, toxic or environmental exposure cases, the depletion of the Medicare Trust Fund and where many defendants no longer hold insur- predictions that Medicare would become insol- ance to cover plaintiffs’ claims, understanding vent, prompted the most recent amendment to the payer’s status as an RRE is particularly the MSP statute. Medicare, Medicaid and SCHIP important. Extension Act was passed with the goal of getting insurance companies to report payments Obligations of the RRE and settlements to Medicare so the government An RRE must register with CMS and/or its could step up its recovery efforts. contractor COBC through the secure website so Because of the change in the law, all plain- that data related to the award, judgment or tiffs’ and defendants’ counsel involved in such settlement payment can be uploaded. As an cases should know the requirements for com- alternative, a self-insured or insured payer pliance. Medicare may assert a direct right of may rely on an agent to be its RRE, but that action against any entity that received a pay- payer is still responsible for reporting and ment from a primary payer.9 Failure to comply compliance. Before paying an award, judgment can result in penalties being imposed up to or settlement, the RRE must determine wheth- $1,000 per day per unreported claim under Sec- er the claimant is or was a Medicare beneficia- tion 111. In addition, a payer that does not ry, and must report any award, judgment or report is subject to double damages plus inter- settlement payment that exceeds certain dollar est under the MSP statute when the govern-

140 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 ment pursues litigation. Medicare can seek which arise frequently in litigation and settle- recovery of its conditional payments from any ments. A few examples of these complicating party, including a beneficiary, provider, sup- issues are discussed briefly in this section. plier, physician, attorneys, state agency or pri- Derivative Claims vate insurer.10 Medicare is not interested in fault. Medicare can seek recovery from the In cases involving derivative claims by a defendant or RRE that already paid plaintiff spouse or surviving spouse in wrongful death the award, judgment or settlement, irrespec- lawsuits, the derivative claim is often released tive of the parties’ agreement or a court order. as a part of a settlement. Counsel for the parties When settlement funds are routed through must determine whether the spouse, heir or counsel or counsel’s trust account before being derivative claimant is asserting his or her own paid out, it can be argued that counsel “received claim for mental anguish or other personal a primary payment” and thus counsel can be injuries, and whether any medical benefits sued by the government to recover Medicare’s were paid by Medicare for that claimant. If so, claim.11 Under the MSP statute, there is no safe counsel must obtain a conditional payment let- harbor for a party that has already paid. ter for the spouse, heir or derivative claimant, and the settlement with the derivative claimant TIMING must be reported and reimbursed separately. Medicare’s rights of recovery under the MSP Future Medical Allocations statute extend to both the past and the future. Reporting of TPOCs under Section 111 was In cases where an award, judgment or settle- required as of Oct. 1, 2011, for any award, judgment is paid to a plaintiff for all past and future ment or settlement or other payment to a Medi- medical expenses, counsel must determine care enrolled beneficiary in the amount of whether a future allocation for medical expenses $100,000 or more. The dollar threshold for report- is needed. Commonly called a “Medicare set- ing will decrease to the $25,000 limit as of July 1, aside,” there is general confusion about how to 2012.12 The ongoing re-sponsibility to reimburse address such set-asides for future medicals.15 Medicare is retroactive to July 1, 2009. The statute is vague, and no implementing regulations have been promulgated specifically On Dec. 1, 2009, the U.S. government turned addressing this issue. Centers for Medicare or heads by filing a Medicare collection suit over Medicaid Services has recently submitted a pro- a class action lawsuit for PCB exposure. The posed rule on “Future Medicals” to be reviewed class action suit had settled in 2003 for $300 by the Office of Management and Budget. It is million. The government claimed that none of anticipated that this rule will deal with future the parties took steps to protect Medicare’s medicals and liability claims. interests despite the fact there were 907 Medi- care beneficiaries in the settling class. The U.S. The actual valuation of a plaintiff’s future sought recovery from plaintiffs’ counsel and costs of his medical care needs is complex and also from self-insured defendants and insurers beyond the scope of this article. While a work- who paid the settlement. The court held that a ers’ compensation settlement generally contains six-year statute of limitations for contracts only three types of damages — indemnity/wage applied to the attorney defendants who did not loss, past medical and future medical — liability secure reimbursement for Medicare, and a settlements lack uniform damage allocations, three-year statute of limitations based in tort and awards or judgments may not specify applied to the corporate defendants.13 amounts for different categories of damages. Guidance from CMS on the Medicare Set-Aside Therefore, the statute of limitations for the issue in liability settlements is as follows: government to seek recovery of conditional payments is either three or six years from the We are still asked for written confirmation later of 1) date of payment, or 2) the date Medi- that a Medicare set-aside is, or is not, care learns of the payment.14 required. As we have already covered the ‘set-aside’ aspect of that request we only UNIQUE CIRCUMSTANCES TO need to state that IF there was/is funding CONSIDER for otherwise covered and reimbursable The basic reporting and reimbursement future medical services related to what was requirements under Section 111 and the MSP claimed/released, the Medicare Trust Fund statute can be complicated by some issues must be protected. If there was/is no such

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 141 funding, there is no such expectation of third-party funds with which to protect the A write-off occurs trust funds. Each attorney is going to have to decide, based on the specific facts of when an entity reduces each of their cases, whether or not there is the amount due from the funding for future medicals and if so, a need to protect the trust funds.16 beneficiary, or provides Cases Alleging Pre-1980 Exposure Only something of value (e.g., cash, Issues may arise for counsel in long-latency exposure cases such as asbestos or benzene gift cards, etc.). exposure regarding when an individual plaintiff’s exposure occurred. Centers for Medicare or Medicaid Services has said it will not seek recov- defendant must report the total amount of the ery in cases where the date of the plaintiff’s last global settlement for all plaintiffs who are exposure was pre-Dec. 5, 1980. In such cases, no Medicare beneficiaries. In cases where there is Section 111 reporting is required. no joint and several liability under state law, each defendant would report the part of the For the parties to be free of the obligation to settlement it paid in the global settlement. Cen- report the award, judgment or settlement and ters for Medicare or Medicaid Services antici- reimburse Medicare for conditional payments, pates revising the Non-Group Health Plan all of the following criteria must be met: (NGHP) User Guide to provide more guidance • All exposure must have ended prior to Dec. on the joint and several liability issue and Sec- 5, 1980. tion 111 reporting. • No exposure after Dec. 5, 1980, can be Write-Offs claimed, released or effectively released. A write-off occurs when an entity reduces the • The settlement documents or release must amount due from the beneficiary, or provides not release any exposure after Dec. 5, 1980. something of value (e.g., cash, gift cards, etc.). An entity may utilize write-offs as a tool to • In cases with multiple defendants, expo- lessen the probability of a liability claim against sure related to all the defendants must be it, or to enhance customer goodwill. Write-offs pre-Dec. 5, 1980. are commonly used by some healthcare pro- Centers for Medicare or Medicaid Services viders as a risk management tool, because they can audit alleged pre-1980 cases at any time. may allow the providers to resolve a complaint There is no safe harbor provision for failure to without litigation. report or reimburse Medicare in the event post- The issue of an entity’s obligation to report a 1980 exposure is later found. Therefore, the write-off under the mandatory reporting require- parties can choose to report the award, judgments of Section 111 was unclear until May 26, ment or settlement to CMS anyway if the 2010, when CMS issued an alert on this subject. pleadings and other records are not clear. Oth- Centers for Medicare or Medicaid Services erwise, the settlement agreement or release considers some write-offs to be a form of self- should contain precise language addressing insurance that may trigger Section 111 reporting which party will be responsible in the event of obligations. According to the CMS alert, reduc- a CMS audit or if post-1980 exposure is later tions in the amount due on a medical bill may discovered. constitute self-insurance for the purpose of the Group Settlements MSP statute. Determinations of whether a given write-off triggers reporting requirements under In some instances, defendants may desire to Section 111 are fact-specific. settle a case by entering into a global settlement, where the amount paid by each defen- In instances where a physician or medical dant is not disclosed. In such cases, if the settle- provider has reduced its charges or written off ment involves Medicare-enrolled beneficiaries, a portion of the charge to a Medicare benefi- the reporting requirements may depend on ciary as a risk management tool, the physician state law. In cases where state law allows joint or medical provider does not have to report and several liabilities for the defendants, each under the Section 111 guidelines. Instead, the

142 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 physician or medical provider must report to ingly, many courts now address the require- CMS the unreduced amount of the charge and ments and include the exchange of such infor- show the amount of the reduction provided or mation as part of case management orders or written off as a payment by liability insurance initial disclosures. or self-insurance. The provider should bill all of the services and related charges and show In an award, judgment or settlement, CMS the write-off amount as a primary insurance will look to what is released to determine if the payment. This reporting is done through the parties had a reporting or reimbursement Medicare billing procedure. requirement. As previously discussed, special care should be taken in cases involving emo- However, in some instances where the physi- tional distress or mental anguish damages, as cian or medical provider has written off some well as derivative claims. Remember that CMS portion of a charge, and there is evidence or an is entitled to full reimbursement irrespective of expectation that the individual has sought or any agreement between the parties or any may seek medical treatment as a consequence court order. Centers for Medicare or Medicaid of the underlying incident giving rise to the Services is not interested in fault. Care should medical treatment, the physician or medical be taken to ensure that any award, judgment or provider must report the reduction or write-off settlement considers the amount of conditional as a TPOC through the Section 111 data report- payments due to the plaintiff. To protect against ing system.17 potential double recovery, defense counsel might BEST PRACTICE TIPS FOR COUNSEL consider negotiating payment terms which ensure Medicare will be reimbursed. For example, If you represent a plaintiff who is a Medicare- the settlement agreement or release might enrolled beneficiary, or a defendant in-volved include a term for the settling defendant to pay in a case where the plaintiff or plaintiffs may be Medicare directly the amount due, and pay the a Medicare-enrolled beneficiaries, you would balance of the settlement or judgment proceeds be well served to keep Medicare’s interest in to plaintiff/plaintiff’s counsel after Medicare’s mind from the beginning of the case. Counsel claim has been satisfied. An alternative option should consider the age of plaintiffs and deter- would be for the settling defendant to pay the mine the Medicare status of plaintiffs early. entire settlement to plaintiff’s counsel, to be held Counsel should obtain the Medicare beneficia- in escrow, less procurement costs,18 until the ry’s “common working file ID number” from Final Demand Letter with the final amount due CMS, and should obtain a copy of all condi- to Medicare has been received. tional payment summaries and updates, as well as any negotiated lien amounts. For After payment is made to Medicare, counsel defense counsel, this can be done by obtaining should be sure to obtain proof of claim satisfac- such basic information as the plaintiff’s name, tion from CMS. Plaintiffs’ and defendants’ gender, date of birth, social security number or counsel alike have an interest in ensuring Health Insurance Claim Number (HICN) Medicare’s claim is satisfied before the money through discovery requests. Defense counsel is paid to a plaintiff. As discussed, the MSP should ask plaintiff’s counsel to obtain this statute allows Medicare and CMS to look to information, along with a completed Consent any responsible party or “primary payer” for recovery if its claim is not satisfied within 60 to Release form from each plaintiff, in order to 19 allow counsel to determine the Medicare status days of award, judgment or settlement. of the plaintiffs and obtain conditional pay- RESOURCES FOR COUNSEL ment estimates early. Obtaining this information at the outset of the litigation will allow The following resources and practice groups counsel to better negotiate settlements or better may provide useful information for counsel on evaluate the case for trial purposes. Medicare reimbursement and Section 111 reporting issues: If plaintiffs are not forthcoming with information such as Social Security numbers or dates of Relevant Statutes birth needed to obtain Medicare beneficiary sta- • 42 U.S.C. §1395y, et seq. tus and conditional payment amounts, defendants should propound specific discovery to • 42 C.F.R. §411 et seq. plaintiffs seeking this information. Requirements to comply with Medicare are mandatory. Accord-

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 143 Practice Resources 1. 42 U.S.C. §1395y(b)(8). 2. 42 U.S.C. §1395y(b)(8). 3. Discussion of the specifics and nuances of Medicare and Section • MSP Manual Chapter 7, found at www. 111 reporting as it relates to workers’ compensation claims is outside okbar.org/s/-chp-7 the scope of this article. 4. See 42 CFR §411.25(a). • CMS User Guide, found at www.okbar. 5. 42 U.S.C. §1395y(b)2(B). 6. See 42 C.F.R. §§411.20, 411.21, 411.40(a) and 411.50(b). org/s/cmsuserguide 7. CMS alert dated Sept. 30, 2011, found at www.okbar.org/s/ nghpalerts. • Medicare Secondary Payer Recovery Con- 8. See Section 8, CMS User Guide, found at www.section111.cms. tractor (MSPRC) Information, found at www. hhs.gov. 9. 42 C.F.R. §411.24(e) & (g). msprc.info/ 10. 42 C.F.R. §411.24(a). 11. Stephanie Frazier Stacy, Mary Re Knack, Bruce A. Cranner, • General Medicare Information for benefi- Christopher Mathewson and Jill Gradwohl Schroeder, DRI Practitio- ciaries/claimants, found at http://my.medi- ners Guide to Medicare Secondary Payer Issues, at 8 (2010); 42 C.F.R. §411.24(e) & (g). care.gov 12. CMS Alert, September 30, 2011, found at www.okbar.org/s/ alerts. Practice Groups 13. United States v. Stricker, 2010 WL 6599489, *1 (N.D. Ala. Sept. 30, 2010). • The Medicare Advocacy Recovery Coali- 14. 28 U.S.C. §2415(a); Many v. Utilities Neutral Insurance Company, 254 F.3d 387, 397-98 (2 Cir. 2001). See also U.S. v. Stricker, 2010 WL tion (MARC), found at www.marccoali tion. 6599489, *8, *9 (N.D. Ala. Sept. 30, 2010). com 15. However, CMS has provided regulations and guidance to follow in establishing set asides for future medical allocations in workers’ • The DRI Medicare Secondary Payer Task compensation cases. See 42 C.F.R. 411.47(a). 16. Handout dated May 25, 2011, from Sally Stallcup, MSP Region- Force for Defense Counsel, found at www. al Coordinator, CMS, Region VI. dri.org 17. See www.cms.gov/mandatoryINSREP. 18. Medicare will reduce recovery by the cost of obtaining the settle- • CMS Town Hall Conferences – Schedule ment or judgment when those costs are borne by the party against whom CMS seeks to recovery. See 42 C.F.R. §411.37; In re Zyprexa Products Liabil- and Transcripts, found at www.cms.gov ity Litigation, 451 F. Supp. 2d 458, 466 (E.D. N.Y. Sept. 11, 2006). CONCLUSION 19. 42 U.S.C. §1395y(b)(2)(B).

Key things for counsel to know about the About The Author current law include the following: Toni Ellington is an Oklahoma-

• Medicare must be reimbursed. licensed attorney currently living • Medicare beneficiary claims must be han- in New Orleans and practicing dled differently. with the Frilot law firm. She concentrates on Medicare law and • Counsel should obtain Medicare informa- medical malpractice, environmen- tion and address the Medicare issues early in tal and toxic tort litigation. She is the case. a former in-house staff counsel for • Counsel should be proactive in collaborat- Tronox LLC and Kerr-McGee Cor- ing with the other side to ensure satisfaction poration. She is licensed to practice law in Louisiana, of Medicare’s claim. Oklahoma, Texas and Hawaii.

144 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 145 OBA NEWS

OBA Creates New Juvenile Law Section

Recognizing that juvenile law hasn’t been “kiddie law” for many years, Oklahoma Lawyers for Children (OLFC) petitioned OBA members at the November OBA Annual Meeting to create an OBA Juvenile Law Sec- tion. Literally within hours of drafting a petition and visiting with OBA members from across the state, practitioners, judges and OBA delegates alike recognized the need for a juvenile law section, and OLFC gathered well over the requisite number of required signatures to present the petition to the Board of Governors for consideration. Former OBA President Cathy Christensen was as enthusiastic as 2013 The purpose of the section is to serve as a OBA President Jim Stuart to welcome the new focal point for legal issues in the areas of juve- Juvenile Law Section to the OBA upon its nile deprived, delinquent and youthful offend- approval at the Board of Governors’ Decem- er law, and the pro bono organizations known ber meeting. as Oklahoma Lawyers for Children (OLFC) and Tulsa Lawyers for Children (TLC), its vol- “I can’t believe we finally have an OBA sec- unteers and organizational activities that affect tion to bring focus to the areas of juvenile children in DHS custody; assess current legal deprived, delinquent and youthful offenders services available to juveniles; determine that so desperately need attention by our pro- where gaps in legal services exist; improve the fession!” were the comments from Sue Tate, administration of justice in the field of juve- director, and Felice Hamilton, program coor- nile law by study, conferences and publication dinator for the Court Improvement Program, or reports, service and articles with respect to Administrative Office of the Courts, Supreme both legislation and administration in all mat- Court of Oklahoma. “A section of the OBA has ters connected herewith; and to promote and long been needed to validate the work of the support OLFC and TLC’s pro bono programs practitioners who tirelessly give their time in the area of juvenile law and the legal needs and talent to the vast numbers of abused, of juveniles in the state of Oklahoma. neglected, deprived and disadvantaged children in our state who are entitled by statute to The juvenile law arena today consists of legal representation in order to have the same many players. Practitioners must be familiar access to justice as adult citizens, but more so with the Juvenile Code as set forth in Titles 10 than any other population, because they are and 10A, and its relation to other statutes children, they have must have a legal voice,” involving children, wards of the state and said Tsinena Thompson, Oklahoma Lawyers youthful offenders. Unlike the family law for Children president and CEO. courtrooms, DHS workers, therapists, medical

146 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 personnel and CASAs who are not legal prac- one of this section’s goals is to make those titioners appear for routine daily hearings and trainings available to practitioners and others much to the horror of many a civil or family throughout the state. law practitioner, offer hearsay statements and MEMBERSHIP reports to the court that are accepted without or over objection. This informality is permis- Any OBA member in good standing who sible in certain juvenile hearings, but because enrolls and pays the $15 annual dues may of its more informal nature, practitioners must become a member. Any full-time member or be carefully trained and qualified to protect retired state member of the judiciary may the innocent child victim who may be too become a member and will not be required to young to even communicate while also pay dues. Because there are so many other endeavoring to ensure equal justice and fair non-lawyer “players” in juvenile court, asso- treatment to the accused. ciate membership in the OBA Juvenile Law Section is open to any other persons who by reason of their enrollment in law school, their profession or occupation or other demonstra- ble interest in section activities may become HOW TO JOIN THE SECTION associate members. Associate members enroll Already paid your 2013 OBA dues? Or and pay annual dues, but they may not vote you’re not a lawyer and want to become or hold office in the section. an associate member? Use the section Section organizers hope to have a broad rep- enrollment form on page 130. Either resentation of section membership so that the check or credit card can be used to many problems that have plagued Oklaho- pay the $15 section dues. ma’s children can be assessed, recognized, Not yet paid your OBA dues? Adding addressed and corrected to the best of its abil- section membership is easy when you ity. “We have lofty goals, but what is more pay dues online at My.OkBar.org. important than protecting the children of our state?” said the new section’s Interim Chair- person Tsinena Thompson. “These children are among the most vulnerable citizens today, The interplay of DHS policy with the nebu- the workforce and parents of tomorrow and lous “best interests of the child” can present are the future of our state. How can this not be quite a trap for the unwary whether the prac- among the most important issues facing our titioner is representing a child victim, parents, state today?” guardians, other caregiver or a youthful FIRST MEETING offender. “Juvenile law today can be a complicated as multi-party civil litigation or class The section’s first meeting will be scheduled actions, and a Juvenile Law Section has been in March at which time nominations and vot- needed to bring cohesiveness and consistency ing to elect section committee chairs will be to this area of the law throughout our state,” among the order of business. Ms. Thompson said. Many counties appoint All business, recommendations for commit- local attorneys to represent children. Unfortu- tee chairs or other section interests should be nately, many of these practitioners in outer directed to Interim Chair Tsinena Thompson lying counties have not been able to attend at [email protected], by mail to Oklahoma OLFC’s specialized Juvenile Law CLEs which Lawyers for Children, 4901 Richmond Square, have been primarily offered in Oklahoma Suite 101, Oklahoma City, OK 73118 or by fax City. TLC recently began offering CLE, but 405-842-8822.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 147 BOOK REVIEW

Winning at Deposition By D. Shane Read Reviewed by Joe Vorndran

Winning at Deposition is tool for any lawyer orga- an excellent resource for nizing a deposition. any lawyer regardless of Throughout the book, age or experience. When the author skillfully uses taken as a whole, it is a real deposition testimony comprehensive guide to to illustrate his points depositions that could and to apply them in adequately inform even real world settings. The the greenest lawyer; and high-profile cases which when used as a reference constitute many of the resource, it succinctly illustrative examples refreshes the most enliven his lessons and experienced litigators engage the reader on sev- on the finer points of eral levels. This is partic- a deposition. ularly true in the closing Some of the strengths chapters, as the author of this work are the easily highlights many of his navigable layout and the helpful tips through an helpful “practice tips” analysis of President that are sprinkled Clinton’s deposition throughout. These enable and grand jury testimo- the reader to easily move ny in Jones v. Clinton. 268 pages; paperback, $67.17; from topic to topic and published by Westway Publishing Winning at Deposition distill the most important (March 2012) is an engaging read that information down into expertly conveys both helpful bullet points and technical and practical checklists. The ease of topic identification information about the science and art of and breakdown of practical information depositions in an entertaining and easy makes the book an excellent preparation to navigate format.

148 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 FROM THE EXECUTIVE DIRECTOR

A Year of ‘Stuartship’ By John Morris Williams

President James T. “Jim” level, I can guarantee you a the new system up and run- Stuart has declared this a year lawyer is volunteering time to ning. There is an incredible of acknowledging the good help make it happen. amount of planning and test- works of lawyers across the To help kick off this year of ing needed prior to the launch state of Oklahoma. To high- service and giving, the OBA of the new system. I beg your light this important work I staff decided to forego gift-giv- patience as we move through have created a new verb: ing to each other during this these upgrades. “Stuartship.” Webster’s tells past holiday and instead I want to wish each of you a me that “stewardship” is a donated heavily to a local Happy New Year. With the noun. “Stuartship” is a verb. new year comes dues If you know the and MCLE compliance. energy and giving Please pay close atten- spirit of our new tion to the deadlines to president, it is only avoid late fees and proper that he be penalties. Please let us “verbed.” know if we can do Service projects are anything in the works, and to assist you. many opportunities Lastly as we enter to spotlight the good this year of Stuartship, work of lawyers are please pay close atten- planned throughout tion to the messages the year. I will leave and calls for action it to President Stuart from our new presi- to provide the OBA staff members load carts with holiday gifts and toys dent. It is going to be details. Having destined for residents of the local YWCA women’s shelter. an exciting and fun spent the majority year. We are going to of my career in the celebrate you, our members, public sector of legal practice, battered women’s shelter. The and all the great things you I know firsthand how many photo accompanying this arti- are doing! lawyers serve on school cle shows the incredible gener- boards, boards of religious osity of the OBA staff as we organizations, city councils, kick off our year of Stuartship. booster clubs and a vast Additionally, as I have number of community service warned before, we are dealing clubs and charitable boards. with an aging computer sys- In fact, any time you see im- tem that is in the process of To contact Executive Director portant philanthropic work being replaced. In the follow- happening at the state or local Williams, email him at johnw@ ing months we hope to have okbar.org.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 149 LAW PRACTICE TIPS

Planning for 2013 By Jim Calloway

Hopefully at some point dur- and even if you had one in Now is a ing the last few months of 2012, December, maybe a follow up the lawyers in your firm had a meeting is good. good time to look at meeting or a series of meetings To have an effective meeting, to discuss what your plans are what the numbers you must have an agenda. Your for 2013. In larger firms most of firm will have its own special tell you. What did the planning may have been challenges and issues on the done by a management team agenda. But any law practice 2012 look like as working with the firm adminis- faces many similar issues. trator. But at some point, there compared to the last was likely a meeting with, or Here are some items you communication to, all of the might consider for your agenda: few years? lawyers. After all, it makes lit- FINANCES AND BUDGET tle sense to have a game plan and not communicate it with By sometime in January, you challenging, but even edu- the actual players on the field. should have preliminary, if not cated guesses are better than final, financial numbers for nothing. You can see how The lawyer in solo practice 2012. Bonuses and partner’s accurate your guesses are can call a meeting where he or final draws have all been as the year proceeds. she is the only attendee at most decided. Now is a good time to any time, and lawyers in a two- As I tell the attendees at the look at what the numbers tell or three-lawyer firm often feel Opening Your Law Practice you. What did 2012 look like as they are in constant communi- programs, a budget is great if compared to the last few years? cation and do not need a plan- only to remind you that you Steady revenue growth is the ning meeting. allocated $75 a month for mar- goal, and huge revenue growth keting when the Yellow Pages But if you have not had your is the dream. But whether the salesman hands you that agree- law firm 2013 planning retreat, numbers have positive or nega- ment for $500 per month. January is still a fine time to tive news, the most important do it, even if you only retreat analysis is about what is differ- CLIENT DEVELOPMENT behind a closed office door for ent this past year and what, if AND CLIENT RETENTION a couple of hours. There is still anything, should be done in Many lawyers hate the idea a fair amount of instability response to that. of marketing. So call it client overall in legal services and the If your law firm does not development if that sounds short-term economic outlook. A produce sufficient financial better to you. Some fortunate law firm or solo lawyer has to reports for you to do analysis lawyers with established prac- hold planning meetings for the and make future decisions tices say that they do not spend same reason that the successful based on the data, you have any time or effort on market- lawyer keeps a daily “to do” established a new priority for ing. But many of these are actu- list: you do not want to forget 2013 — improving your finan- ally natural marketers who anything, and you have to set cial reporting tools. develop business almost priorities. unconsciously. Most lawyers A law firm also needs a bud- So schedule some time for and law firms should spend get for the year. If the practice your planning meeting now, about 5 percent of their time has just opened, that may be developing new potential cli-

150 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 ents and working to maintain related to how the lawyers If your office uses Microsoft some level of contact with past handle things. Word and does not use Quick- clients. This varies depending Parts, here is an idea for an ini- Do not try to change every- on what type of law practice tial training session. Gather thing at once. Make a few you have and where your best everyone together around a changes and see if things clients come from. For some, it nice big monitor and watch my improve. Even small law firms may be making the effort to Law Practice Tips YouTube need to standardize their pro- attend county bar meetings video, “Fun with Microsoft cesses. With rare exceptions, and other lawyer gatherings Quick Parts” at http://www. the idea that two lawyers in the because you mainly rely on okbar.org/s/quickparts-fun. same firm should handle the referral from other lawyers. Then discuss how you can same things in very different Others may use additional implement this to save time in manners has to come to an end. efforts. But every month, some your law office and develop a Some of the most frustrated effort should be spent on reach- plan. The plan may be that staff law firm staff I have ever talk- ing out to future clients. sets up ten standard Quick- ed with are those who have to Parts on each lawyer’s comput- Clearly, that physical Yellow set up new client files different- er (that would actually be used Pages directory delivered for ly depending on which law- by the lawyer) to save time. free to every home will not be yer’s file it is. Those lawyers This small “bite-sized” project around forever. Every lawyer have to agree on a process that may also help demonstrate the and every law firm should everyone can use. benefits of technology training. have an Internet presence. For TECHNOLOGY most, this means a website TAKE A DEEP BREATH with a domain name that I recall years ago when some It is sometimes hard to think belongs to the firm. Every law- lawyers viewed computers as of planning and improvements yer may not have time or incli- something for the staff to use, when there are many deadlines nation to spend a lot of time but not lawyers. Now almost on client matters and client marketing their practices every lawyer has a computer projects to be done. through social media. But at his or her desk. But lawyers every lawyer wants someone often feel like they do not have Scheduling a planning meet- who is trying to locate them to time to learn anything new ing and determining some rea- be able to do so by searching about technology. sonable priorities is critical. I Google. If you have a poor or recall over a decade ago receiv- Taking a day off for comput- no website, that is a great proj- ing an enthusiastic email from a er training is not effective for ect for 2013. law professor who had attended many lawyers or law firm staff. one of my programs where Do you reach out to former Who has the time? The typical using Paste Special – Unformat- clients at least once a year? computer class would include ted was one of the tips I gave. How do you do that effective- much that is never used in a The professor stated that this tip ly? Former clients may need law firm setting. How do you alone may have saved him five future legal services and may eat an elephant? As the old to ten hours a week of editing also refer you new business. saying goes, the answer is material that was copied from “one bite at a time.” OPERATIONS another source. Set a goal of having regular Lawyers and law firm staff Wouldn’t you just love to half-hour training sessions for are often intensely busy. But have just an extra two hours everyone and make sure the the beginning of a new year each week magically appear? lawyers all attend as well as is the perfect time to reassess staff. Every other month is a Mr. Calloway is director of the how efficiently you operate. good initial goal. Focus on a OBA Management Assistance Where are the bottlenecks? small skill that everyone can Program. Need a quick answer to What problems are encoun- immediately put to use so they a tech problem or help resolving tered over and over? Ask your retain the new skill. Give a a management dilemma? staff for their candid feedback bonus of a small gift card to Contact him at 405-416-7008, and suggestions. Make certain someone who takes the initia- 800-522- 8065 or [email protected]. they understand that you want tive to put together a short It’s a free member benefit! them to speak freely because a class and teach it. lot of the bottlenecks may be

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 151 ETHICS & PROFESSIONAL RESPONSIBILITY A True Avocation Q & A with Clif Gooding By Travis Pickens

Q. You have done a great Q. The ABA estimates a deal of work through Law- larger percentage of attor- yers Helping Lawyers and neys are impacted by some other organizations helping form of substance abuse than not only lawyers with addic- the general public. Why are tions but also many others. lawyers more susceptible to What has drawn you to drug and alcohol addictions? this work? About 10 percent of the Nothing has been more population are believed to be important or satisfying to me predisposed as alcoholics. I in my 29 years of being an believe, because of the nature O. CLIFTON GOODING attorney than the work that I of our profession and the get to do on the LHL commit- public’s scrutiny of us, that it O. Clifton Gooding is a tee. My passion comes from may seem that way because, shareholder and director my own experiences and when an attorney gets in of The Gooding Law Firm, understanding of the diseases trouble because of alcohol or A Professional Corporation, located in Oklahoma City. of alcoholism and addiction. drugs, that more attention is His primary area of practice These are the most devastat- drawn. Perhaps as a result, it is bankruptcy law with an ing illnesses and involve oth- may seem more are affected. emphasis on consumer and ers in a way no other human I know that it generally starts business reorganization. disease can. With these dis- earlier — college, law school: eases comes destruction of all the competitive nature, the Mr. Gooding received his Bachelor’s of Science in agri- the things worthwhile in a pressure to perform, the hard culture degree from Oklahoma person’s life. They smother work, perfectionism demand- State University, and he earned everyone whose lives touch ed. A lot of pressure builds his Juris Doctor degree from the alcoholic or addict. Alco- on individuals. They turn to the University of Oklahoma holism and addiction breed an outlet. College of Law. While in law resentments, financial ruin, school, he was a member of I believe that as a result of broken homes, lost jobs along the Oklahoma Law Review and job stress, difficult job mar- with the obliteration of fami- the Order of the Coif. He serves ket, client demands, etc., lies. If one of these sufferers as a member and chairman of attorneys may look for relief. can be rescued, then it is the OBA Lawyers Helping Law- Sometimes that shows up in worthwhile. But mostly, I yers Committee. He is a fre- the wrong form, such as quent speaker on commercial was drawn to this work drugs and alcohol. As you and consumer bankruptcy and because, at one point in time, know LHL deals with more recovery. He is a member of someone cared enough about than just alcohol and drug the Oklahoma County Bar Asso- me to make the same type of issues. We get a lot of calls ciation and the American Bar effort. As a result, I received with depression, job stress Association. He is also a mem- the gift of sobriety and ber of the National Association and other mental health believe it is my responsibility of Consumer Bankruptcy Attor- issues. And in all these areas, to pass it on. neys and the American Bank- we may see the presence of ruptcy Institute. drugs and alcohol.

152 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Q. The numbers of lawyers stay sober? If they are, then Q. You have a busy bankrupt- using the services provided by they have the opportunity to cy practice but speak to several LHL have risen over the past be in recovery, provided they lawyers and non-lawyers every year. Do you think that means remain willing to maintain a day who check in with you. the problems are greater, or the certain simple attitude and are What keeps you inspired to awareness and willingness to willing to work toward a solu- help these lawyers and others? seek help are greater? tion that would be outlined You know, it is a true avoca- for them I don’t believe the number of tion. I believe, for me, that impacted lawyers has changed. being an attorney is something What sustains someone I believe in the last few years Q. I do between helping these fighting an addiction on a because of a concentrated effort individuals. The nature of my day-to-day basis? on behalf of the LHL commit- practice is such that it allows tee, awareness has been raised. You hit the nail on the head. me the opportunity to be avail- A good amount of that has Day to day. It has to be on a able to those who are in need. I come with the help and leader- one-day-at-a-time basis. We have an incredibly strong staff ship of the Oklahoma Bar Asso- don’t worry about yesterday or and attorneys who get what I ciation making LHL a priority. tomorrow. They have to be do. Many of the personnel in Those in our profession who where their feet are, in the here the system with whom I work are willing to be more open and now. There has to be a sur- are very accommodating when about their problem and have render and then a reliance on the need arises for me to be been willing to speak in the something greater than them- away, or out early. I am grateful public forum have perhaps selves. In many cases, that reli- that many of the judges around allowed more people to feel ance is on a higher power — a the state feel comfortable call- safe about coming forward. The spiritual solution. It is not our ing when they suspect there stigma of the disease has been a place or anyone’s place to dic- may be an issue with someone. huge reason people don’t want tate what that power is or is But most of all I am blessed to seek help, which builds deni- not, but upon the individual’s with a wife who through all of al; and the horrible spiral of the understanding of the power. my difficulties, has stood by disease continues. Dr. Carl Jung described it in the me and allows me to go and do “nature of huge emotional dis- whatever is necessary to help Q. What is the first thing you placements and rearrange- others. It’s what has been asked tell someone who is consider- ments. Ideas, emotions, and of me, and I don’t question it. I ing getting help? attitudes which were once the just always believe it will all guiding forces of the lives of work out. Willingness is the key. Recov- men and women are suddenly ery is available for everyone. Mr. Pickens is OBA ethics cast to one side, and a com- The trouble is that it’s not for counsel. Have an ethics question? pletely new set of conceptions all who need it, but rather for It’s a member benefit, and all and motives begin to dominate those who want it. When some- inquiries are confidential. Contact them.” one tells me they are willing, him at [email protected] or my first question is, are they 405-416-7055; 800-522-8065. willing to go to any lengths to

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 153 You are not alone.

7 - 8:30p.m. • Thursday, Feb. 7 Topic: Co-Dependency Oklahoma City Location Office of Tom Cummings 701 N.W. 13th St. Oklahoma City, OK Tulsa Location The Street Law Firm 400 S. Boston Ave. Suite 1100W Tulsa, OK

Contact Kim Reber @ 405-840-0231 • [email protected] LAWYERS HELPING LAWYERS DISCUSSION GROUP

154 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association REPORT OF THE posed association software Board of Governors met at the VICE PRESIDENT vendor, reception for National Sheraton Hotel in downtown Association of Bar Executives, Vice President Stockwell Oklahoma on Wednesday, Nov. various planning meetings announced that she is going to 14, 2012, as part of the Annual for Annual Meeting, judicial be a candidate for the Judicial Meeting. reception and Annual Meeting Nominating Commission next events. RECOGNITION year, when the term for her district’s representative BOARD MEMBER REPORTS President Christensen recog- expires. nized Administration Director Governor Devoll reported Combs for his extraordinary REPORT OF THE he attended the board meeting work as the coordinator for PRESIDENT-ELECT in Poteau, Garfield County Bar the OBA Annual Meeting. Association meeting and President-Elect Stuart report- worked on county bar matters. REPORT OF THE ed he attended the October Governor Hays reported she PRESIDENT board meeting, reception at attended the October board the Oklahoma Bar Center for President Christensen meeting in Poteau, participat- NABE executive board mem- reported she attended the ed in the OBA FLS annual bers and has been working on October board meeting and meeting planning sessions and OBA committee leadership reception with LeFlore County communicated the Board of appointments. Bar Association members Governors report to the Tulsa including past President Doug REPORT OF THE County Bar Association Board Sanders, meetings regarding PAST PRESIDENT of Directors. Governor Meyers the CourtFacts.org website, reported he attended the Octo- Past President Reheard meeting with Oklahoma City ber board meeting, Comanche reported she attended the Octo- University School of Law County Bar Association meet- ber board meeting, judicial con- graduates and the ABA ing, special presentation of the ference reception and dinner accreditation committee, U.S. Court of Military Appeals with the justices and judges. reception with NABE mem- for Armed Services at Fort Sill She also participated in phone bers, judicial reception in addi- and the judicial reception. conferences with Judicial Nom- tion to the dinner with justices Governor Pappas reported she inating Commission members and judges. She presented at attended the October board regarding the Annual Meeting the Medical-Legal Conference, meeting and reception and plenary session. worked with Director Craig dinner with Supreme Court Combs on numerous Annual REPORT OF THE members. She and Governor Meeting details, worked with EXECUTIVE DIRECTOR Smith attended the OBA Crim- Communications Department inal Law Section luncheon. members and Director Carol Executive Director Williams She shared that luncheon key- Manning responding to media reported he attended the tech- note speaker Andrew Vachss, calls about the retention elec- nology governance meeting, a child advocate attorney from tion, met with Executive Direc- staff/directors planning meet- New York City, recognized tor Williams and IT Director ing for Annual Meeting, meet- how much Oklahoma lawyers Robbin Watson on IT-related ing with Legal Aid Services of do to assist children. Governor matters and met with Educa- Oklahoma Director Michael Parrott reported she attended tional Programs Director Figgins, swearing in of U.S. the Oklahoma County Bar Susan Krug regarding Annual Magistrate Judge Shon Erwin, Association board meeting, Meeting CLE and the plenary monthly staff celebration, con- judicial reception and Board of session. tract negotiations with pro- Governors dinner. Governor

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 155 Poarch reported he attended Military and Veterans Law term expires 12/31/13, and the October board meeting Section are holding a meeting reappoint as associate editors and reception and dinner with Thursday and co-sponsoring Sandee Coogan, Norman — Supreme Court members. retired Rear Admiral Greg Dist. 5; and Dietmar Caudle, Governor Shields reported Slavonic, who will speak on Lawton — Dist. 9, terms expire she attended the October “In the Courtroom with Sad- 12/31/15. board meeting, OCU annual dam Hussein.” She reported awards dinner, judicial recep- the Arkansas Bar Association Clients’ Security Fund — tion and Annual Meeting is interested in duplicating the Reappoint Micheal Salem, events. She also met with military assistance program. Norman, as chairperson and Dean Couch and Professor William Brett Willis, Oklaho- REPORT OF THE ma City, as vice chairperson, Spivak of OCU. Governor GENERAL COUNSEL Smith reported he attended terms expire 12/31/13; reap- the Board of Governors meet- General Counsel Hendryx point attorney members Diet- ing in Poteau and OBA Crimi- reported since the implemen- mar Caudle, Lawton; Daniel nal Law Section luncheon. tation of the registration of Sprouse, Pauls Valley; Mike Governor Thomas reported out-of-state attorneys in 2005, Mordy, Ardmore; and William she attended the Thursday the number of new applica- Brett Willis, Oklahoma City; evening social event at the tions and registration renewals appoint lay member Mary Kerr Conference Center, Octo- has continued to grow. She Pointer, Oklahoma City; terms ber board meeting in Poteau submitted a written report expire 12/31/15. and dinner at Devon Tower. with additional details. MCLE Commission — REPORT OF THE YOUNG APPOINTMENT TO FILL Appoint as chairperson Jack LAWYERS DIVISION UNEXPIRED BOARD OF Brown, Tulsa, term expires GOVERNORS TERM 12/31/13; appoint as a mem- Governor Kirkpatrick report- ber Vicki Limas, Tulsa, to ed she attended the NABE The board appointed Robert replace Ted Gibson; reappoint reception. S. “Bob” Farris, Tulsa, to fill Richard J. Phillips, Clinton, Governor Renée DeMoss’ SUPREME COURT LIAISON and Richard Ogden, Oklaho- REPORT third year on the Board of ma City, terms expire Governors as an at-large 12/31/15. Justice Kauger thanked Pres- member. The vacancy will ident Christensen for the occur Jan. 1, 2013, with her Court on the Judiciary — OBA’s recent voter education uncontested election as Reappoint to Appellate Divi- effort. She asked the OBA OBA president-elect, and sion Betty O. Williams, to consider keeping the the at-large term expires Muskogee, and reappoint to CourtFacts.org website live Dec. 31, 2013. Trial Division Brad Hecken- kemper, Tulsa, terms expire and adding information on all APPOINTMENTS the appellate judges. Justice 3/1/15. Kauger shared the history of a The board approved Presi- APPOINTMENTS past judicial evaluation survey. dent-Elect Stuart’s recommen- President Christensen suggest- dations for the following President-Elect Stuart ed that perhaps the Bench and appointments: announced the following Bar Committee might look at appointments: future action. Professional Responsibility Commission — Reappoint Jon Audit Committee — COMMITTEE LIAISON Parsley, Guymon, term expires Appoint Chris Meyers, REPORTS 12/31/15. Lawton, as chairperson, term expires Past President Reheard Oklahoma Indian Legal reported the Heroes Program Services — Reappoint Leslie 12/31/13; appoint as mem has reached a significant mile- Guajardo Taylor, Ada, term bers Robert S. Farris, Tulsa, stone with 501 volunteer law- expires 12/31/15. term expires 12/31/13, and yers, 1,171 people helped and Doug Jackson, Enid, and Rich- $2 million in legal services Board of Editors — ard Stevens, Norman, terms donated. She said the Military Re-appoint as chairperson expire 12/31/15. Assistance Committee and Melissa DeLacerda, Stillwater,

156 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Board of Medicolegal Inves- Panel — reappoint as mem- EXECUTIVE SESSION tigations — Reappoint Thomas bers Steven Dobbs, Oklahoma A. Mortensen, Tulsa, term City, and Rex Travis, Oklaho- The board voted to go into expires 12/31/13. ma City; appoint William R. executive session, met in ses- Wells Jr., Oklahoma City; sion and voted to come out of Investment Committee — terms expire 12/31/15; Tulsa executive session. Reappoint as chairperson M. Panel — reappoint as mem- OBA 2013 BUDGET Joe Crosthwait, Midwest City, bers Sharisse O’Carroll, Tulsa; and as vice chairperson Jon Leonard Pataki, Tulsa; and The board voted to approve Trudgeon, Oklahoma City, Luke Gaither, Henryetta; terms the 2013 budget as amended. terms expire 12/31/13; and expire 12/31/15. NEXT MEETING reappoint as members Cathy Christensen, Oklahoma City; Oklahoma Justice Commis- The Board of Governors met Renée DeMoss, Tulsa; and sion — Reappoint as chair- at the Oklahoma Bar Center in Brian Hermanson, Ponca City; person Drew Edmondson, Oklahoma City on Friday, Dec. terms expire 12/31/15. Oklahoma City, term expires 14, 2012 and Jan. 11, 2013. A 12/31/13. summary of those actions will Legal Ethics Advisory Panel be published after the minutes — Reappoint as panel coor- are approved. The next board dinator Jim Drummond, meeting will be held Friday, Norman, term expires Feb. 22, 2013, at Post Oak 12/31/13; Oklahoma City Lodge in Tulsa.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 157 BAR FOUNDATION NEWS

New OBF President Commends Fellow Efforts By Susan Shields and Nancy Norsworthy

Susan Shields is taking the additional financial support helm as Oklahoma Bar Foun- or help from the Oklahoma dation president during a legal community. demanding time. Currently, The OBF Fellows program the foundation is working is more important now than hard to maintain grant fund- ever, and Fellows are key in ing for important law-related providing OBF grant support charitable programs that serve on behalf of all Oklahoma school children and other lawyers. President Shields Oklahomans in need. Susan is reports that not only does OBF an experienced leader and need to grow the program, but board member. In fact, if the that she is also concerned OBF were to write a descrip- about the number of OBF tion of a good board member, Fellow members who are Ms. Shields’s bio qualifica- behind on their annual pledge tions would be used as an payments. example. “IOLTA has been a great Susan practices with Susan Shields resource that allowed the OBF McAfee & Taft in Oklahoma to provide tremendous sup- City in its tax practice group. Susan has just concluded a port for law-related charitable She was recognized as Out- three-year term as an OBA work throughout the state; but standing Pro Bono Lawyer by Board of Governors member. with today’s current interest Legal Aid of Western Oklaho- rates, this is no longer the ma, received the OBA Earl Even with Susan’s vast non- case,” President Shields states. Sneed and Mona Salyer Lam- profit experience and financial “Fellows are of prime impor- bird Spotlight Awards and background, steering OBF tance. Help is needed from all was named in the Journal through these challenging of our OBA lawyers, or the Record’s Leadership in Law times will be a big undertak- support for law-related chari- honorees. Ms. Shields is also a ing. This is why the OBF table programs will dwindle. two-time finalist for the Jour- needs your help. 2012 proved Some will not survive. This nal Record’s Woman of the Year to be a very different year for could be devastating to the Award. Susan has been a fre- your bar foundation, with tens of thousands of Oklaho- quent lecturer on estate plan- nearly a 50 percent decline in mans who benefit each year.” ning and nonprofit issues and income compared to 2011. has taught estate planning Much of the decline attributed Help is especially crucial and other courses as an to even deeper cuts in IOLTA with growing needs for legal adjunct professor of law at the receipts. As a result, the OBF aid and other law-related ser- University of Oklahoma Col- was required to reduce its vices among needy Oklaho- lege of Law. In addition to grant funding during 2012 by mans. Oklahoma has the high- donating her time and talents more than $200,000. Going est rate of women in state or as a volunteer and member of forward, grants will be federal correctional facilities. several community boards, reduced further without

158 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 recipients and the public about the workings of our foundation. Our board is full of energy and is excited to implement new ideas for fundraising, which will allow the OBF to maintain its current level of grant support for law-related charities and education. We are fortunate to have a tremendous and dedi- One in five Oklahoma chil- the OBF. Like all of our board cated 2013 Board of Trustees dren are hungry. Oklahoma members, I have had the that continue to work tireless- City recently ranked in the top amazing opportunity to per- ly by giving their time and tal- 10 highest crime rates, fol- sonally be involved with OBF ents to the OBF. lowed by Tulsa in the top 30. grantees and to view firsthand Members of the 2013 Execu- More than 610,000 Oklaho- all of the important work they tive Committee are: Susan B. mans lived below the poverty accomplish with minimal Shields, president, Oklahoma line in 2010. Your Oklahoma resources. Every contributor City; Dietmar K. Caudle, pres- Bar Foundation takes a sys- to the OBF can be proud that ident-elect, Lawton; Jack L. tematic line of attack in elimi- their funds are going to assist Brown, vice president, Tulsa; nating barriers by building low-income Oklahomans in Judge Millie E. Otey, secre- support for pro bono pro- need of legal services and to tary/treasurer, Tulsa; Judge grams, legal aid, law-related help promote law-related edu- Shon T. Erwin, past president, education programs and other cation in our schools through Lawton. Other members of the important law-related service programs such as the mock 2013 Board of Trustees are: A. programs through grants and trial competition. Gabriel Bass, Oklahoma City; other forms of support that Why is OBF such a valuable Stephen D. Beam, Weather- help close the justice gap. asset to Oklahoma? ford; Brett D. Cable, McAl- ester; Tanya S. Bryant, Okla- GETTING TO KNOW A review of the historical homa City; Guy P. Clark, PRESIDENT roster of the OBF grant recipi- Ponca City; Dean Valerie SUSAN SHIELDS: ents is the beginning in under- Couch, Oklahoma City; Jack When did you become involved standing the foundation’s S. Dawson, Oklahoma City; with OBF? importance. OBF ensures legal Kevin R. Donelson, Oklahoma service when there is great City; Brandon P. Long, Okla- I became a Fellow of the need and provides law-related homa City; Michael C. Mordy, Oklahoma Bar Foundation in educational programs that Ardmore; Briana J. Ross, 2001, and was elected to its help create useful citizens. Tulsa; Dennis A. Smith, Clin- board of trustees in 2006. After Oklahoma attorneys are doing ton; Kara I. Smith, Oklahoma completing my initial financial great things in Oklahoma City; Donna L. Smith, Vinita; pledge of support as a Fellow, through the Oklahoma Bar Alan Souter, Tulsa; James T. I became a Benefactor Fellow. Foundation, and all attorneys Stuart, Shawnee; Jeffery D. I have had the honor of serv- should support the good Trevillion, Oklahoma City; ing on the board during a time works of the foundation. Roy D. Tucker, Muskogee; when the OBF revamped its John Morris Williams, Oklaho- What are your goals as OBF strategic plan, received a his- ma City; YLD Trustee Repre- president? toric grant level of more than sentative Andrew S. Mildren, $10 million, implemented the The OBF has recently Oklahoma City. extremely important Court launched its new website, If you could personally visit with Grant Program because of www.okbarfoundation.org, every attorney in Oklahoma, charitably-minded Oklahoma allowing Oklahoma attorneys what would you tell them lawyers who assisted in to make Fellow dues pay- about the OBF? directing cy pres funds to the ments online. This will be OBF, and now, during more helpful in our communication The OBF is a qualified chari- challenging financial times for with OBA members, grant ty that funds services and pro-

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 159 grams not just for lawyers, but also for many diverse organizations (legal services and law-related programs) that benefit Oklahoma communities. Each year the OBF maximizes funding through nonprofit organizations that utilize pro bono legal services. Oklahoma lawyers were able to help 30 different law- related charitable programs this past year through their annual Fellows contributions. OBF should be a favorite char- Oklahoma Bar Foundation Staff Jessi Hesami, Executive ity for any individual, law Assistant; Executive Director Nancy Norsworthy; and Deb Holt, firm, local bar association or OBF and IOLTA Administrative Assistant other group. Ms. Shields can be reached at of the OBF. Ms. Norsworthy and Discuss the importance of the [email protected]. staff members Jessi Hesami and Fellows Program and why every Deb Holt are available to answer Ms. Norsworthy is the execu- Oklahoma attorney should any questions regarding the tive director of the foundation become a Fellow OBF at 405-416-7070 or and IOLTA programs and is www.okbarfoundation.org. The mission statement of the responsible for the daily operation Oklahoma Bar Foundation is, “Lawyers Transforming Lives through the advancement of OBF Staff Duties education, citizenship and justice for all.” The OBF’s stated OBF staff duties are multi-faceted with a wide variety of purpose is to “promote justice, duties. Services include: fund essential legal services • Responsible for the • Maintains investment and and advance public awareness daily operation of the books of account of the law.” Every Oklahoma foundation lawyer can proudly stand • Compiles reports and behind OBF’s mission and • Administers and maintains works with auditors purpose. Indeed, I believe IOLTA membership and and other financial repre- Oklahoma attorneys should financial records sentatives personally support these con- • Works directly with • Coordinates grant applica- cepts. The cost of becoming a IOLTA banks and the tions, meetings, payments, Fellow is $1,000, payable as a membership grant reporting and follow lump sum or over a 10-year up as well as help and sup- period, and is discounted for • Maintains Fellow member- port to grantee organiza- newly admitted attorneys. ship records and pledge tions throughout the year $100 per year is an insignifi- payments cant expense for almost any • Works with other nonprof- • Provides reports and lawyer, and yet only about 10 it groups and outside support to the twenty-six percent of our attorneys are organizations; represents member Board of Trustees Fellows. Just think how much OBF at various outside more we could accomplish • Coordinates meetings events and give back to our commu- and board and committee • Responsible for OBF nities with our grants if every materials website updates and Oklahoma attorney was a Fel- • Maintains expenditure and communication efforts low, or even better, was a income records of the Benefactor Fellow for an • Provides help and sup- foundation annual giving commitment port to the membership of $300! wherever needed

160 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013

FFEe lL lL oO wW E En rN oR lO l mLL e nM tE FNoT r F m O Ro AttorneyM oAttorney Non-Attorney Non-Attorney

Name:______Name: (Name, (name, as as it it shouldshould appear on your OBFOBF Fellow Fellow Plaque) Plaque) County County

FirmFirm or or other other affiliation: affiliation: ______

MailingMailing & & deliverydelivery address: ______

City/State/Zip:City/State/Zip: ______

Phone:Phone: ______Email Address: E-Mail ______Address: TheThe Oklahoma Oklahoma Bar Bar Foundation Foundation was was able able to assistto assist 23 38different different programs projects or or projects programs during last year2010 through and 25 inthe 2009 gener - throughosity theof Oklahomagenerosity lawyersof Oklahoma – providing lawyers free – providing legal assistance free legal for assistance the poor andfor theelderly, poor safeand havenelderly; for safe the haven abused, for protection the abused; and protection legal assistance and legal to assistancechildren, law-related to children; education law-related programs, education and programs; other activities other activities that improve that the quality of justice for all Oklahomans. The tradition of giving back continues with YOU. improve the quality of justice for all Oklahomans. The Oklahoma Bar legend of help continues with YOU.

_____ I want to be an OBF Fellow now – Bill Me Later! I want to be an OBF Fellow now – Bill Me Later! _____ $100 enclosed & bill annually $100 enclosed & bill annually GRANT PROGRAMS _____ Total amount enclosed, $1,000 ARE LINAWYERS CRISIS _____ Total New amount Lawyer enclosed,1st Year, $25 $1,000 enclosed & bill Annually as stated TRANSFORMING LIVES New Lawyer 1st Year , $25 enclosed & bill Join to d a y an d h e l p more _____ annually New Lawyer as stated within 3 Years, $50 enclosed Through education, & bill annually as stated t h an 85,000citizenship Ok l a handomans New Lawyer within 3 Years, $50 enclosed _____ I want to be recognized at the higher level of justicein nee ford . all. &Sustaining bill annually Fellow as stated & will continue my annual gift of at least $100 – (initial pledge should be complete) I want to be recognized at the higher level of TGhei v eOklahoma to d a y at Bar _____ Sustaining I want to be Fellow recognized & will at the continue highest my leadership annual giftlevel of Benefactor Fellow & annually contribute legend of help continues of at least $100 – (initial pledge should be complete) w w w .o k b ar f o u n d ation .org at least $300 – (initial pledge should be complete) with YOU! _____ I want My charitableto be recognized contribution at the tohighest help offset leadership the level ofGrant Benefactor Program Fellow Crisis is & enclosed annually contribute at least $300 – (initial pledge should be complete) • To become a Fellow, the pledge is $1,000 payable within a 10-year period at $100 each year; however, some may choose to pay the full amount or in greater increments over a shorter period of time.

• The∞ OBFTo becomeoffers lesser a Fellow, payments the pledge for is newer $1,000 Oklahomapayable within Bar a Association10-year period members: at $100 each year; however, some may choose to pay the full amount or in greater increments over a shorter period of time. • First-Year Lawyers: lawyers who pledge to become OBF Fellows on or before January 2, of the year immediately fol- ∞ lowingThe OBF their offers admission lesser payments may pay for neweronly $25Oklahoma per year Bar forAssociation 2 years, members:then only $50 for 3 years, and then at least $100 each year thereafter until— First the Year $1,000 Lawyers pledge: lawyers is fulfilled. who pledge to become OBF Fellows on or before Jan. 2, of the year immediately following their admission may pay only $25 per year for two years, then only $50 for three years, and then at least $100 each year • Within Three Years: lawyers admitted 3 years or less at the time of their OBF Fellow pledge may pay only $50 per thereafter until the $1,000 pledge is fulfilled. year for 4 years and then at least $100 each year thereafter until the $1,000 pledge is fulfilled. — Within Three Years: lawyers admitted three years or less at the time of their OBF Fellow pledge may pay only $50 per • Sustaining Fellowsyear are for thosefour years who and have then completed at least $100 the each initial year thereafter$1,000 pledge until the and $1,000 continue pledge their is fulfilled. $100 annual contribution to help sustain grant programs. ∞ Sustaining Fellows are those who have completed the initial $1,000 pledge and continue their $100 annual contribution to help sustain • Benefactorgrant Fellowsprograms. is the highest leadership giving level and are those who have completed the initial $1,000 pledge and pledge to pay at least $300 annually to help fund important grant programs. Benefactors lead by example. ∞ Benefactor Fellows is the highest leadership giving level and are those who have completed the initial $1,000 pledge and pledge to pay at least $300 annually to help fund important grant programs. Benefactors lead by example.

Your Signature & Date______OBA Bar# ______Your Signature & Date: OBA Bar# Pl e a s e Ki n d l y Ma k e Ch e c k s Pa y a b l e t o : Oklahoma Bar Foundation • Attn: Nancy Norsworthy • P.O. Box 53036 PLEASE KINDLY MAKE CHECKS PAYABLE TO: Oklahoma Bar Foundation • P.O. Box 53036 • Oklahoma City, OK 73152-3036 • (405) 416-7070 Oklahoma City OK 73152-3036 • (405) 416-7070 ManyMany thanks thanks forfor your supportsupport & & generosity! generosity!

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 161 ACCESS TO JUSTICE

The Senior Law Resource Center Serving Oklahoma’s Elderly By Sarah C. Stewart

In Oklahoma today, there munity Foundation iFund and are more than 700,000 people The SLRC will Hospice Foundation of Okla- who are age 60 or older. That homa, Inc. — produces edu- means seniors comprise more continue providing cational materials which are than 19 percent of the state’s legal advice and distributed through hospitals, entire population. Of these long-term care facilities, hos- seniors, 10 percent are services to seniors pices, and caregiver support impoverished. and groups across the state. Alzheimer’s disease and With ongoing support from other dementias among the caregivers in the Oklahoma Bar Founda- elderly increase the need for tion, the SLRC also has a law long-term care, either at home 2013… student internship program to supplement informal care- that exposes future attorneys giving or in a long-term care to the field of elder law and facility. Due to age, medical enables the SLRC to provide issues and time constraints, free legal services to low-in- caregivers and seniors have come seniors. decreased mobility, making it The SLRC will continue pro- difficult to access necessary viding legal advice and servic- legal services and re-sources. es to seniors and caregivers in Many times, seniors and care- 2013 because of the generous givers cannot understand, or support of its individual may lack knowledge of, legal donors, Oklahoma City Com- issues such as surrogate munity Foundation iFund, decision-making, end-of-life Hospice Foundation of Oklaho- planning and applying for ma, Oklahoma Bar Foundation Medicaid. and Kirkpatrick Family Fund. The Senior Law Resource All educational materials, Center (SLRC) is working to and caregivers in Central an online resource center help seniors and caregivers Oklahoma. However, their and more information are with probates, guardianships, information, programs and available at the SLRC website, grandparents raising grand- services are available to all www.senior-law.org or by children, long-term care and people regardless of age or calling 405-528-0858. estate planning, and other economic status. Ms. Stewart is the executive elder law issues. They pro- director of the Senior Law vide legal information and In addition to providing Resource Center in Okla- services to mostly low to one-on-one legal services, the homa City. middle-income disadvantaged SLRC — through funding seniors, their family members from the Oklahoma City Com-

162 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 YOUNG LAWYERS DIVISION Division to Focus on Service in 2013 By Joe Vorndran

The OBA Young Lawyers Additionally, the YLD net- Division has enjoyed unprece- working events that have been dented success over the past so successful in Oklahoma few years thanks to the strong City and Tulsa will be expand- foundation built by its past ed to multiple locations leaders and the generous sup- throughout our state. port from the OBA. Last year, The YLD is planning several the OBA YLD received ABA new events for the YLD Mid- awards for the Most Out- Year Meeting to be held in standing ABA YLD Affiliate, conjunction with the Solo and and second place for public Small Firm Conference in service project. These acco- June. Planned events include lades are the result of the hard CLE courses, new networking 2013 YLD Chair work of our members and our events intended to pair young Joe Vorndran dedication to our core mission lawyers and law — service. students with When Jim Stuart announced mentors and The YLD sponsors several committees and that community service would potential employ- projects that are geared toward service. To be the focus of his year as OBA ers, and some get involved, sign up online at My.OKBar.org. president, the YLD leadership poolside fun. We o immediately decided to con- are encouraging Awards centrate on this statewide ini- young lawyers o Children and the Law tiative. As the YLD looks for- from all corners o Community Service ward to 2013, we are especially of Oklahoma to o Continuing Legal Education participate in this excited to work closely with o the Board of Governors and the great event. Disaster Legal Services entire OBA membership as we o Gift of Life On a personal endeavor to serve our local o note, I am very Law School Oklahoma communities. grateful for this o Long-Range Planning Furthermore, the YLD will opportunity to o Membership continue to undertake our serve, and I look o Mock Trial annual projects which are forward to work- o geared toward welcoming ing with each of New Attorney Orientation new lawyers to the profession. you in 2013. o Nominations The YLD will once again pre- o Mr. Vorndran Publications & Website pare and distribute “Bar Exam practices in Shaw- o Seniors Survival Kits” to all bar exam- nee. He can be o inees and will provide refresh- Surviving the Season reached at joe@ ments at the conclusion of o Wills for Heroes & C.A.P. scdtlaw.com. each swearing-in ceremony. (Citizenship, Americanism and Patriotism)

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 163 CALENDAR OF EVENTS January

14 OBA Mock Trial Committee meeting; 5:30 p.m.; 31 OBA Work/Life Balance Committee meeting; Oklahoma Bar Center, Oklahoma City with tele 12 p.m.; Oklahoma Bar Center, Oklahoma City with Tulsa conference; Contact Judy Spencer 405-755-1066 County Bar Center, Tulsa; Contact Sarah Schumacher 405-752-5565 16 OBA Law-Related Education Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Suzanne Heggy February 405-556-9612 OBA Government and Administrative Law Oklahoma Justice Commission meeting; 2 p.m.; 5 17 Practice Section meeting; 4 p.m.; Oklahoma Bar Oklahoma Bar Center, Oklahoma City; Contact: Center, Oklahoma City with teleconference; Contact Drew Edmondson 405-235-5563 Tamar Scott 405-521-2635 18 OBA Law Schools Committee meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Kenneth Delashaw 580-276-3136 OBA Board of Editors meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Carol Manning 405-416-7016 19 OBA Young Lawyers Division meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Joe Vorndran 405-275-0700 21 OBA Closed – Martin Luther King, Jr. Day observed 22 OBA Legal Intern Committee meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City with tele conference; Contact Candace Blalock 405-238-0143 7 OBA Mock Trial Committee meeting; 5:30 p.m.; 24 OBA Professional Responsibility Commission Oklahoma Bar Center, Oklahoma City with tele meeting; 1:30 p.m.; Oklahoma Bar Center, Oklahoma conference; Contact Judy Spencer 405-755-1066 City; Contact Dieadra Goss 405-416-7063 OBA Lawyers Helping Lawyers discussion group 25 Oklahoma Bar Foundation Trustee meeting; meeting; 7 p.m.; Office of Tom Cummings, 701 10:30 a.m.; Oklahoma Bar Center, Oklahoma City; NW 13th St., Oklahoma City; RSVP to Kim Reber Contact: Nancy Norsworthy 405-416-7070 [email protected] OBA Lawyers Helping Lawyers Assistance OBA Lawyers Helping Lawyers discussion Program Foundation and Committee meeting; group meeting; 7 p.m.; The Street Law Firm, 400 S. 2 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Boston Ave, Ste. 1100 W., Tulsa; RSVP to Kim Reber O. Clifton Gooding 405-948-1978 [email protected] 26 OBA Legislative Saturday; 10 a.m.; Oklahoma Bar 8 OBA Board of Bar Examiners meeting; 9 a.m.; Center, Oklahoma City; Contact Duchess Bartmess Oklahoma Bar Center, Oklahoma City; Contact 405-947-3408 Cheryl Beatty 405-416-7022 28 OBA Alternative Dispute Resolution Section OBA Law-Related Education Committee meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact City with teleconference; Contact Suzanne Heggy Michael O’Neil 405-232-2020 405-556-9612 30 OBA Diversity Committee meeting; 12 p.m.; OBA Law Day Committee meeting and contest Oklahoma Bar Center, Oklahoma City and Tulsa County judging; 2 p.m.; Oklahoma Bar Center, Oklahoma city; Bar Center, Tulsa; Contact Kara Smith 405-923-8611 Contact Richard Vreeland 405-360-6631

164 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 OBA Family Law Section meeting; 3 p.m.; OBA Board of Governors meeting with Oklahoma Bar Center, Oklahoma City and OSU Tulsa, 22 president’s summit; 9 a.m.; Postoak Lodge, 5323 Tulsa; Contact Tamera Childers 918-581-8200 W. 31st St. N., Tulsa; Contact John Morris Williams 13 Ruth Bader Ginsburg American Inn of Court; 405-416-7000 5 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Oklahoma Association of Black Lawyers Donald Lynn Babb 405-235-1611 meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma OBA Professional Responsibility Commission City; Contact Donna Watson 405-721-7776 meeting; 9:30 a.m.; Oklahoma Bar Center, Oklahoma OBA Alternative Dispute Resolution Section City; Contact Dieadra Goss 405-416-7063 25 meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma 18 OBA Closed – Presidents’ Day observed City and Tulsa County Bar Center, Tulsa; Contact Michael O’Neil 405-232-2020 19 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact 26 – March 1 Barbara Swinton 405-713-7109 OBA Bar Examinations; Oklahoma Bar Center, OBA Civil Procedure and Evidence Code Oklahoma City; Contact Oklahoma Board of Bar Committee meeting; 3 p.m.; Oklahoma Bar Center, Examiners 405-416-7075 Oklahoma City; Contact James Milton 918-594-0523 20 Oklahoma Bar Foundation Grants and Awards March Committee meeting; 11:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy 5 OBA Government and Administrative Law 405-416-7070 Practice Section meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact 20-21 OBA Law-Related Education Close-Up Tamar Scott 405-521-2635 program; 8:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Jane McConnell 405-416-7024 6 OBA Diversity Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County 21 Oklahoma Justice Commission meeting; 2 p.m.; Bar Center, Tulsa; Contact Kara Smith 405-923-8611 Oklahoma Bar Center, Oklahoma City; Contact Drew Edmondson 405-235-5563 7 OBA Lawyers Helping Lawyers discussion group meeting; 7 p.m.; Office of Tom Cummings, OBA Mock Trial Committee meeting; 5:30 p.m.; 701 NW 13th St., Oklahoma City; RSVP to Kim Reber Oklahoma Bar Center, Oklahoma City with tele [email protected] conference; Contact Judy Spencer 405-755-1066 OBA Lawyers Helping Lawyers discussion group meeting; 7 p.m.; The Street Law Firm, 400 S. Boston Ave, Ste. 1100 W., Tulsa; RSVP to Kim Reber [email protected] 8 OBA Law-Related Education Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Suzanne Heggy 405-556-9612 Oklahoma Bar Foundation Trustee meeting; 1 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy 405-416-7070 OBA Family Law Section meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa, Tulsa; Contact Tamera Childers 918-581-8200

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 165 FOR YOUR INFORMATION

Lawyers Give Back OBA President Jim Stuart is encouraging all Oklahoma lawyers and law firms to make giving back a top priority. During 2013, the Oklahoma Bar Journal will support this effort by spotlighting those who give of their time, talent and financial resources to make their communities a better place. Have a great story or photos to share? Email Lori Rasmussen at [email protected].

Cori Loomis of Crowe & Dunlevy (right) presents a $4,110 check to Dianna L. Bonfiglio, president and CEO of Prevent Blindness Okla- homa. The donation, part of the firm’s 110th anniversary celebration, will cover the cost of vision screenings at more than 100 Oklahoma schools for approximately 23,000 students.

Trevor Loomis, son of Cori Loomis, receives a vision check at Prevent Blindness Oklahoma.

The OBA Workers’ Compensation Section, represented by lawyer John Shears, presents a check for more than $10,000 to the Red Andrews Christ- mas Dinner Foundation. The Red Andrews Christmas dinner is a long- standing Oklahoma City tradition providing a hot, traditional meal to the less fortunate along with gifts for children on Christmas Day. Dwindling resources meant this year’s dinner was threatened, and this donation was among those that ensured the dinner would be continued. More than 2,000 families were fed at this year’s dinner, and several of the section members were on hand to serve guests as they arrived for the dinner.

166 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Aspiring Writers Take Note We want to feature your work on “The Back Page.” Submit articles related to the practice of law, or send us something humorous, transforming or intriguing. Poetry is an option too. Send submissions no more than two double-spaced pages (or 1 1/4 single- spaced pages) to OBA Communications Director Carol Manning, [email protected].

OBA Member Resignation The following members have resigned as members of the association and notice is hereby given of such resignation: Joe E. Alford Alan Henry Lee Amanda Stillwell Meers OBA No. 202 OBA No. 30797 OBA No. 15927 6008 Fallsview 4036 Windhaven Lane 27 Rosethorn Place Dallas, TX 75252 Dallas, TX 75287 The Woodlands, TX 77381 Oteka L. Alford Miles Bradley Little J. Lyon Morehead OBA No. 203 OBA No. 13238 OBA No. 6373 6008 Fallsview Lane 2100 N. Lincoln Blvd., Ste. 2 2123 E. 60th Place Dallas, TX 75252 Oklahoma City, OK 73105 Tulsa, OK 74105 Rebecca H. Dorshorst Warner E. Lovell Jr. Paul G. Rose OBA No. 10176 OBA No. 5542 OBA No. 7752 1025 Reef Road 4203 Blue Sage Road 9815 S. 78th East Ave. Vero Beach, FL 32963 Norman, OK 73072 Tulsa, OK 74133 David G. Galbraith Sandra Lyn Mast John Paul Standefer OBA No. 10304 OBA No. 11391 OBA No. 11173 13622 Taylorcrest 19231 Sherman Way, Unit 36 1009 Main St., Ste. 1 Houston, TX 77079 Reseda, CA 91335 Bastrop, TX 78602 Ryan Richard Johnson Jack Kevin McDonald Judith G. Storandt OBA No. 21975 OBA No. 5963 OBA No. 17482 44 Montgomery St. 109 Norfolk Circle 105 Race St. Securities & Exchange Anderson, SC 29625 El Dorado, KS 67042 Comm. San Francisco, CA 94104 James H. McTurnan OBA No. 6095 10541 Sandstone Run Littleton, CO 80125

Tulsa Attorney Dowdell Holiday Hours Confirmed as Federal Judge The Oklahoma Bar The U.S. Senate recently confirmed Center will be closed the nomination of John Dowdell of Monday, Jan. 21 in Tulsa to fill a vacancy on the bench observance of Martin of the U.S. District Court for the Luther King Jr. Day. Northern District of Oklahoma. Pres- ident Obama nominated him for the seat earlier in 2012. Mr. Dowdell has been a partner of Norman Wohlge- muth Chandler & Dowdell in Tulsa John Dowdell since 1987.

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 167 IN MEMORIAM

OBA 2008 President J. William “Bill” Conger

he Oklahoma Bar Association and to the legal Oklahoma City University School of community. TLaw have lost a great teacher, friend It was also and colleague. J. William Conger died at announced at his home on New Year’s Day. He was the awards 67 years old. gala that the courtroom at Bill, as he was known, had a distinguished the new law legal career spanning more than 40 years. He school downtown campus will be named in practiced in a variety of capacities before he his honor. The announcement was a surprise and friend Larry Hartzog and Len Cason to Bill, and he was extremely touched by founded the Oklahoma City firm of Hartzog the recognition. Conger & Cason, later becoming Hartzog Conger Cason & Neville. He practiced In addition to being the distinguished lec- primarily in the area of business litigation, turer in law at the law school, Bill was also and his clients’ interests took him all over the general counsel emeritus for the universi- the world. ty, having served as the general counsel for eight years. Bill said recently that the best In 2003 he became of counsel for the firm years of his life have been at Oklahoma City and began teaching at the law school where University School of Law. he was a beloved instructor and mentor. Bill taught trial practice, introduction to legal Among his numerous professional acco- practice, civil procedure and complex litiga- lades, Bill was a Fellow in the American Col- tion and was an inspiration to the future lege of Trial Lawyers, master emeritus and lawyers he enjoyed teaching. He was so past president of the William J. Holloway Jr. cherished by OCU students that in 2005 American Inn of Court, and received the they voted him “professor of the year.” International Academy of Trial Lawyers Com- mendation Award in 2005. Bill served as the “Bill was a force, not only for his clients Oklahoma Bar Association president in 2008 whom he represented with enthusiasm and and has received the John E. Shipp Award for passion, but also for the hundreds of students ethics and the OBA President’s Award for who were fortunate to learn the values of the outstanding service to the bar. legal professional from his perspective,” said OCU School of Law Dean Valerie K. Couch. Some of his other legal activities include “He was a longtime and very dear friend of serving as a Fellow of the American Bar mine, and there are no words to describe his Foundation and a Trustee and Benefactor loss to me personally or to our law school Fellow of the Oklahoma Bar Foundation. that he loved. Bill touched people, and he He also served as the Oklahoma County Bar will be deeply missed.” Association president and spent two terms as an OCBA director. At the OCU School of Law awards gala in November, Bill received the Justice Marian P. He is survived by his wife, Sherry; their Opala Award for lifetime achievement in law. three daughters, Christen Conger, Jennifer The award bearing Justice Opala’s name is Bentley and Erin Welch; and three grand- given to an individual deserving accolades children, Parker and Julianne Bentley, and for their excellence and overall contributions Vivian Welch.

168 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 BENCH & BAR BRIEFS

during the recent Oklahoma tice, he has served as a virtual Tax Institute. The award rec- outside general counsel for ognizes individual achieve- many privately held Oklaho- ment and leadership by a ma corporations, partnerships CPA practicing in taxation. and limited liability compa- ulsa attorney David J. nies. He earned his J.D. from THyman is the author of a OU College of Law. He has chapter in the new third edi- been an adjunct professor at tion of The Representing Physi- OU College of Law and is a cians Handbook, published by founding board member and the American Health Lawyers serves as secretary of the Association. His chapter Oklahoma City Memorial explains the roles of non- Marathon. physician practitioners such yoming Gov. Matt Mead as advanced practice nurses, Whas appointed Shelley psychologists and therapists ogan & Lowry LLP, with A. Cundiff as the new circuit in the modern healthcare sys- Loffices in Vinita and Grove, court judge for the state’s tem. He practices with the announces Ryan H. Olsen has Fourth Judicial District. Ms. firm of Doerner, Saunders, joined the firm as an associate. Cundiff, a former OBA gover- Daniel & Anderson. He is a 2012 graduate of the nor, has also worked as a klahoma City attorney TU College of Law, where he magistrate and a municipal OBlake Patton is a recipi- served as editor of the Tulsa judge in Sheridan County, ent of the 30/30 Next Gen Law Review and president of Wyoming, where she resides. award presented by iON the Federalist Society. He has She is a 1989 graduate of the Oklahoma Online. The Fellers an M.A. in management and a TU College of Law. B.A. in philosophy from Texas Snider lawyer was recognized ulsa law firm Pray Walker Christian University. Prior to for having proven profession- announces Bland Wil- practicing law, he served as a T al achievement, community liamson, a founding member captain in the U.S. Army. involvement and commit- of the firm, has rejoined its ment to Oklahoma’s future. udge L. Brad Taylor of energy law practice. Prior to haron Voorhees of Oklaho- JTulsa has been appointed rejoining the firm, Mr. Wil- Sma City has been elected by the governor as the new liamson was senior vice presi- 2013 chairperson of the Okla- presiding judge of the Okla- dent and general counsel of homa Community Service homa Workers’ Compensa- Laredo Petroleum Inc. His Commission by her fellow tion Court. He was originally law practice has been concen- commissioners. Ms. Voorhees appointed to the court in trated in oil and gas law and has served as a commissioner 2012. Before his appointment, related regulatory areas for since her appointment by Gov. he was an associate at a more than 35 years. Mr. Wil- Frank Keating in 2002 and Tulsa law firm and primarily liamson earned his B.S. subsequent reappointment by practiced workers’ compen- degree in business from Gov. Brad Henry. The commis- sation law. Stetson University and his J.D. from Emory University. sion administers the funds for dmond law firm Ruben- Americorps in the state of Estein & Pitts PLLC all Estill announces that Oklahoma. She is a partner in announces Todd A. McKin- HMichael H. Smith of Shelton Voorhees Law Group. nis has joined the firm. His Oklahoma City and Andrea he Oklahoma Society of practice focuses on real estate, S. Hoskins of Tulsa were TCPAs honored Sheppard commercial law, corporate elected shareholders of the “Mike” Miers Jr. of Tulsa and partnership law, and firm. Mr. Smith practices in with the Rick Kells Outstand- charitable and nonprofit orga- all areas of intellectual prop- ing Tax Professional Award nizations. Through his prac- erty law, including patent,

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 169 trademark, trade secret and he shareholders of McA- defense. Ms. Terry’s primary copyright. His patent law Tfee & Taft have elected areas of practice are insurance practice focuses on patent employee benefits attorney coverage, labor and employ- prosecution in a number of Brandon P. Long and trial ment, and civil rights defense. high-tech areas with emphasis lawyers Andrew L. Richard- ulsa lawyer Courtney Bru on chemical, biochemical and son and Harold C. Zucker- has been named a partner mechanical related technolo- man as fellow shareholders. T at Doerner, Saunders, Daniel gies. He regularly advises cli- Mr. Long is an ERISA attor- & Anderson LLP. Her areas of ents on a variety of strategic ney whose practice is concen- practice include labor and patent matters. He graduated trated on qualified retirement employment law, as well as with a B.S. from Oklahoma plans, health and welfare commercial and civil litiga- Baptist University and a J.D. plans, and executive compen- tion. She represents clients on from the OU College of Law. sation. Mr. Richardson’s prac- both state and federal mat- Ms. Hoskins practices primar- tice is primarily focused on ters, and works with employ- ily in the areas of civil litiga- representing manufacturers ers to develop policies and tion, business and corporate and distributors in products practices designed to provide law. While in law school, she liability litigation and other protections from employ- was the recipient of the OBA complex business disputes. ment-related claims. She Outstanding Senior Law Stu- Mr. Zuckerman’s trial practice earned her bachelor’s degree dent Award. She graduated is focused on business litiga- summa cum laude from with a B.A. from Northeast- tion with an emphasis on Auburn University and her ern State University and defending major automakers, J.D. from the Vanderbilt Uni- a J.D. from the TU College pharmaceutical companies versity Law School. of Law. and other manufacturers against product liability klahoma City law firm claims. OHelms, Underwood & Cook announces Tiffany Kay onner & Winters LLP Peterson is a new associate. Cannounces Justin L. Pybas She graduated magna cum has been named partner at the laude from OCU School of firm in its Oklahoma City Law in May 2012, where she office. Mr. Pybas represents received numerous CALI financial institutions and cor- ames C. Milton will serve awards, had an article pub- porate clients in a variety of as a faculty member for the lished in the American Univer- commercial lending, real J “Rules of Trust Administra- sity Labor and Employment Law estate, general corporate and tion in Oklahoma” seminar. Forum and was awarded the business transactional mat- The event is set for April 24 in Ernest L. Wilkinson Award ters. He graduated from the Oklahoma City. for excellence in American OU College of Law with dis- Indian law. She also served as tinction in 2006. arah Jane Gillett will be articles editor for the Oklaho- discussing “Board Gover- klahoma City firm Phil- S ma City University Law Review. nance III: Roles and Responsi- lips Murrah has named O bilities” at the Oklahoma cott Meacham was recent- Catherine L. Campbell, Jason Center for Nonprofits ly named president and A. Dunn, G. Calvin Sharpe S March 6 and 14. CEO of i2E Inc., a private not- and Kathryn D. Terry as for-profit corporation head- shareholders. Ms. Campbell rank B. Wolfe III will quartered in Oklahoma City. focuses on appellate practice Fspeak on the topic of In addition to his new role at in both state and federal immigration law at the 104th i2E, he will continue serving courts of appeal. Mr. Dunn’s Annual Fundamentals of banking and financial clients practice is primarily focused Employment Law seminar. at Crowe & Dunlevy, where on defending clients in com- The event will take place in he is a director. Mr. Meacham plex commercial litigation. April in Tulsa. served as Oklahoma’s 17th Mr. Sharpe is a trial attorney state treasurer from June 2005 who concentrates his practice andall J. Wood of Okla- to January 2011. in medical malpractice and Rhoma City recently pre- catastrophic personal injury sented papers on “The

170 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Expanding Agenda of the How to place an announce- (e.g., Super Lawyers, Best Law- National Labor Relations ment: The Oklahoma Bar Journal yers, etc.) will not be accepted Board” and “Employment welcomes short articles or as announcements (Oklahoma- Law Issues in the Workplace news items about OBA mem- based publications are the — 2012” during an educa- bers and upcoming meetings. If exception.) Information select- tional seminar held in you are an OBA member and ed for publication is printed at Oklahoma City. you’ve moved, become a part- no cost, subject to editing, and ner, hired an associate, taken printed as space permits. eah Farish of Tulsa recent- on a partner, received a promo- ly presented on “Religious tion or an award, or given a Submit news items via email to: L Lori Rasmussen Accommodation and Free talk or speech with statewide Communications Dept. Exercise” during the annual or national stature, we’d like to Oklahoma Bar Association ABA- sponsored Appellate hear from you. Sections, com- (405) 416-7017 Judges Education Institute in mittees, and county bar associ- [email protected] New Orleans. ations are encouraged to submit short stories about upcom- Articles for the Feb. 16 issue ing or recent activities. Honors must be received by Jan. 22. bestowed by other publications

IN MEMORIAM

onald Douglas “Ron” started a private conflict-reso- ny’s legal staff in 1943, retir- RCox of Hugo died Dec. 28, lution service. He served as ing in 1978 as senior vice 2012. He was born April 18, an adjunct professor of law at president. He also served on 1941, in Lynchburg, Va. He TU for many years, receiving the company’s board of direc- graduated from Lynchburg the law school alumni associa- tors. He later served as coun- College and worked for Gen- tion’s Lifetime Achievement sel to the Tulsa law firm of eral Electric before earning his in Law Award in 2009. He Boone, Smith, Davis and law degree from OCU School was a devoted public servant Hearst from 1978-1989. He of Law in 1972. He served in who was active with the served on the OBA Board of the U.S. Marine Corps. He Tulsa-area Boy Scouts and Governors in addition to practiced as a lawyer in was presented a Kiwanis numerous other civic, educa- southeastern Oklahoma for Youth Service Award for his tional and philanthropic nearly 40 years. His family volunteering. His favorite boards, and he was a member and friends remember him as hobby after retiring was of the First Baptist Church in a “true southern gentleman.” restoring classic cars. Memo- Bartlesville for more than 50 rial donations may be made years. Memorial donations etired Judge William Wal- to the TU College of Law. may be made to Oklahoma ter Means died Dec. 3, R Baptist Homes for Children. 2012. He was born March 29, ong-time Bartlesville law- 1933 and graduated from Lyer Lloyd G. Minter died orace Gibson Rhodes of Sand Springs High School. He Jan. 4. He was born in Pocas- HOklahoma City died on earned his law degree in 1961 set on Nov. 2, 1918. He re- Jan. 1. He was born in Okla- from the TU College of Law ceived his bachelor’s degree homa City on Nov. 24, 1927, and began his career as a pub- from Oklahoma Baptist Uni- and graduated from New lic defender. He later served versity in 1940 and earned his Mexico Military Institute in as assistant district attorney in J.D. from the OU College of 1945. He served briefly in Tulsa County before begin- Law in 1943. During his mili- the U.S. Army at the close of ning his career on the bench tary service in the U.S. Army World War II, later serving in in 1967 with an appointment in World War II, he was the U.S. Air Force during the to the Court of Common awarded the Combat Infan- Korean Conflict. He graduat- Pleas. He was elected district try Badge, the Bronze Star, ed from OU in 1951 and from judge in 1971, and was three Battle Stars and the the OU College of Law in appointed to the Oklahoma Purple Heart for wounds 1955. He began his career as Court of Civil Appeals in received in battle. He joined a deputy insurance commis- 1982. He retired in 1991 and Phillips Petroleum Compa- sioner for the state of Okla-

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 171 homa. In 1957, he drafted phy, and earned a master’s service as a reserve officer in Oklahoma’s first comprehen- degree in occupational/voca- the U.S. Army in 1942. He sive insurance code, still the tional education in 1975. He was sent to the Pacific The- basis of the current law. He moved to Oklahoma City in ater of Operations in 1943, became president of United 1978 to attend OCU School of where he participated in the Founders Life Insurance Com- Law, earning his J.D. in 1983. invasion of the Japanese held pany in 1959 and oversaw He was a founding member islands of Kwajalein and was construction of the United of the Workers’ Compensation awarded the Silver Star for Founders Tower, a landmark Defense Council, his area of his performance of duty. He in northwest Oklahoma City. practice. He served as assis- subsequently served in the He left to pursue a career in tant general counsel and invasions of the islands of mergers and acquisitions, and assistant chief attorney at the Saipan, Tinian, Leite and joined the Oklahoma City law Oklahoma State Insurance Okinawa. He was honorably firm of Kerr, Irvine in 1971 Fund before joining Pierce, discharged in 1945 having with which he remained asso- Couch, Hendrikson Law Firm obtained the rank of captain. ciated until the end of his life. in 1999. He was a member of He moved to Tulsa in 1946 He was active in politics and St. Luke’s United Methodist and began practicing law. He served the Oklahoma Demo- Church and was an avid car joined the Bovaird Supply cratic Party in numerous enthusiast. Memorial contri- Company in 1951, relocating capacities. Memorial contribu- butions may be made to St. to Oklahoma City in 1967 to tions may be made to the Luke’s TV Ministry, Skyline engage in the oil and gas busi- Oklahoma City Community Urban Ministries, or Leuke- ness. He returned to Tulsa in Foundation. mia and Lymphoma Society. 1973 and practiced law with the firm of Houston and Klein ohn R. “JR” Schneider homas Harry Trower of of until his retirement in 1994. JOklahoma City died Dec. TTulsa died on Dec. 29, He was an avid golfer and 15, 2012. He was born March 2012. He was born in Bartles- was devoted to his family. 13, 1951, in Connersville, Ind. ville on Feb. 11, 1919, and Memorial donations may He graduated from Southern graduated from Bartlesville be made to St. Simeon Illinois University in 1973 High School. He attended OU Foundation. with a degree in communica- and the OU College of Law, tions/cinema and photogra- graduating in 1942. He began

Oklahoma Bar Journal Editorial Calendar

n April n September 2013 Law Day Bar Convention n February Editor: Carol Manning Editor: Carol Manning Indian Law n May n October Editor: Mark Ramsey Technology Appellate Law [email protected] Editor: Sandee Coogan Editor: Emily Duensing Deadline: Oct. 1, 2012 [email protected] [email protected] n March Deadline: Jan. 1, 2013 Deadline: May 1, 2013 Estate Planning & Probate n August n November Editor: Pandee Ramirez Criminal Law Raising the Bar: Lawyers [email protected] Editor: January Windrix Who Make a Difference Deadline: Oct. 1, 2012 [email protected] Editor: Melissa DeLacerda Deadline: May 1, 2013 [email protected] Deadline: Aug. 1, 2013 n December If you would like to write an article on these Ethics & Professional responsibility topics, contact the editor. Editor: Joe Vorndran [email protected] Deadline: Aug. 1, 2013

172 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 173 CLASSIFIED ADS

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174 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013 POSITIONS AVAILABLE POSITIONS AVAILABLE AN OKLAHOMA CITY AV RATED FIRM, SEEKS AN EXPERIENCED ASSOCIATE (3-7 years) needed by AV- ASSOCIATE ATTORNEY WITH 3-5 YEARS’ EXPERI- rated Tulsa insurance and transportation defense firm. ENCE. Excellent research and writing skills essential. Very busy, fast-paced office offering competitive salary, Deposition experience a plus. The attorney will work health/life insurance, 401k, etc. For candidate with with partners on insurance defense, medical malpractice strong academic background and practical litigation ex- and products liability cases. Health insurance and other perience, send résumé and writing sample (10 pg. max) benefits included. Résumé, transcript and writing sam- in confidence via email to [email protected]. ple are required. Send to “Box X,” Oklahoma Bar Asso- BUSY REAL ESTATE INVESTMENT FIRM looking for ciation; P.O. Box 53036; Oklahoma City, OK 73152. recently admitted Attorney to work in house coordi- CONTRACTS REPRESENTATIVES. SAIC Energy En- nating with outside counsel and perform legal research. vironment & Infrastructure, LLC, a subsidiary of a Opportunity to learn all aspects of real estate. Admit- FORTUNE 500® scientific, engineering and technology tance to practice in federal courts a plus. Send résumés applications company, seeks Contracts Representatives to Box J, Oklahoma Bar Association, P.O. Box 53036, who will support an organization focusing on profes- Oklahoma City, OK 73152. sional services (energy conservation, engineering, THE OKLAHOMA ATTORNEY GENERAL’S OFFICE Smart Grid and energy IT) contracting with domestic is seeking a Chief Assistant Attorney General for the and international commercial entities and state and lo- Litigation Unit. They will be responsible for assigning, cal governments. Duties include: interacting with man- directing, and evaluating the work of subordinate at- agement and performance of tasks in the preparation of torneys, investigators, & support staff in the unit. The contract documents, including contract negotiations successful candidate will be able to effectively and pro- and interacting with clients in accordance with com- fessionally research, prepare, analyze and understand pany policies and procedures, applicable laws, client complex information and legal issues. Applicants must requirements, and sound business judgment; engaging be a licensed attorney in the State of Oklahoma with a in contract negotiations with financial and lending in- minimum of 5 years in the practice of law. Strong writ- stitutions and their representatives, including counsel, ing and oral advocacy skills are a must. The successful for financial closings; administering certain contract applicant will have experience in all facets of civil liti- functions, such as record keeping and dissemination or gation, as well as experience in managing attorneys in approval of information regarding contract status, complex cases. Some travel will be require. Send résu- modifications and negotiations; coordinating contract- mé to [email protected]. ing functions with company project managers and clients; and assisting in the review and analysis of con- PIERCE COUCH HENDRICKSON BAYSINGER & tract documents to determine contractual obligations GREEN, L.L.P. is in need of experienced secretary for during the performance of a project. Qualifications in- Workers’ Compensation attorney in the Tulsa office. clude a BA or BS in Business or a related field, and a Good transcription and organization skills required; minimum of 4 years related experience. Graduate study ability to communicate effectively with clients and ser- in contracting or legal degree is highly desirable. Must vice providers necessary as well. Competitive salary have strong word processing skills, preferably using and excellent benefits offered. Please send résumés by Microsoft Word, strong analytical skills and be self-mo- email to [email protected]. tivated, organized, and detail-oriented. Please send ré- sumé to Andrew Bright at [email protected], or call 360-393-0071. CLASSIFIED INFORMATION

DEFENSE LITIGATION FIRM SEEKS EXPERIENCED CLASSIFIED RATES: $1 per word with $35 minimum per in- LITIGATION ATTORNEYS for Tulsa office, preferably sertion. Additional $15 for blind box. Blind box word count with 7+ years of experience. Strong management skills must include “Box ___, Oklahoma Bar Association, P.O. Box are also required. Jury trial experience, complex case 53036, Oklahoma City, OK 73152.” Display classified ads with file management and mentoring abilities are key needs bold headline and border are $50 per inch. See www.okbar.org for this position. This is the perfect environment for for issue dates and display rates. those that wish to mentor and be mentored. Please sub- DEADLINE: Theme issues 5 p.m. Monday before publication; mit your résumé and writing sample to Box U, Okla- Court issues 11 a.m. Tuesday before publication. All ads must homa Bar Association, P.O. Box 53036, Oklahoma City, be prepaid. OK 73152. SEND AD (email preferred) stating number of times to be pub- ABOWITZ, TIMBERLAKE, DAHNKE & GISINGER, a lished to: mid-sized AV-rated law firm located in downtown [email protected], or Oklahoma City, is seeking to add an Associate Attor- Emily Buchanan, Oklahoma Bar Association, P.O. Box 53036, ney with 5-7 years’ experience in litigation. Successful Oklahoma City, OK 73152. candidate must have good research & writing skills, Publication and contents of any advertisement is not to be the ability to manage a fast paced case load & deposi- deemed an endorsement of the views expressed therein, nor tions, motions & trial experience. Our firm offers a shall the publication of any advertisement be considered an en- competitive salary & benefits. Please submit résumé, dorsement of the procedure or service involved. All placement references, salary requirements & writing sample to notices must be clearly non-discriminatory. Diana Akerman at [email protected].

Vol. 84 — No. 2 — 1/12/2013 The Oklahoma Bar Journal 175 THE BACK PAGE

God’s Will Be Done By Catherine Gass

Not long ago, I was asked to think I found it to be the most write down a special memory humorous. for my friend, Debra’s, 45th I found myself stopped birthday. A recent event again at the same corner, but reminded me of something the guys collecting money for that happened to her and me Muscular Dystrophy were several years ago: I was driv- outside this time, invading ing, she was in the front seat, homeless territory. I only had and we had some teenage a $1 bill on me at the moment, girls giggling in the back seat. but I rolled down my window We were stopped in traffic at as the guy collecting money Penn & Memorial in Oklaho- for Muscular Dystrophy ma City, where people are walked past the usual guy on often seen on every corner the corner, and I handed it holding signs that read, “out to him. of work,” “injured vet,” “need a job,” “have a family,” “need “All I have with me is $1,” a beer” or “hard times.” You gave MY $5 I said. I generally don’t give “That’s okay,” the man money to panhandlers. We to that homeless replied as he walked away give our money to local chari- from my car. “Do you mind ties and let them hand out man?! God knew if I give it to this guy?” he groceries or use the money asked, as he was already however they see fit. That is I wouldn’t give it handing it to the panhandler. the most sensible and practi- to him! cal thing to do, right? Besides, “SURE!” I said and laughed, we need the tax write off. as the light once again turned Debra, on the other hand, green and I drove away say- being the kind-hearted person ing to myself, “God knew I ing Debra said, “I’ll pay you wouldn’t give it to him!” that she is, started digging back later.” through her purse, pulled out I’m still waiting on that $5 $5 and said, “Here, do you “What?” I asked with a from Debra. mind giving this to him?” puzzled look on my face. “Pay back what?” Catherine Gass has worked as a I’m sure I rolled my eyes as legal assistant to attorney Andrew I rolled down the electric win- She said, “That was the $5 Gass for the past 30 years, as well dow just enough to hand it to I owe you for that book,” to as being his wife, cook, house the hot, sweaty man. He said, which I burst out hysterically cleaner (questionable), among “Thank you and God bless” and said between laughs, other things. They occasionally or something when the light “You gave MY $5 to that volunteer for Trinity Legal Clinic turned green, and we took off homeless man?! God knew I at their favorite local charity, again. As we continued driv- wouldn’t give it to him!” We Cross & Crown Mission, at 9th both had a good laugh, but I & McKinley in Oklahoma City.

176 The Oklahoma Bar Journal Vol. 84 — No. 2 — 1/12/2013

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