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426 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Theme: Work/Life Balance Editor: Melissa DeLacerda pg. 470 Attorney Discipline contents Reports March 11, 2017 • Vol. 88 • No. 8 Departments 428 From the President 436 Editorial Calendar 482 From the Executive Director 484 Ethics & Professional Responsibility 485 OBA Board of Governors Actions 488 Oklahoma Bar Foundation News 491 Young Lawyers Division 493 Calendar 494 For Your Information 496 Bench and Bar Briefs 497 In Memoriam 499 What’s Online 504 The Back Page

Features Plus 458 Legislative Monitoring Committee Report 431 Life is Worth Living: Help Available for By Angela Ailles Bahm Bar Members in Distress By Ann E. Murray 461 Proposed Oklahoma District Court Rule Modification 435 Stress and Substance Abuse – How Are You Coping? 462 Solo & Small Firm Conference By Deanna L. Harris By Jim Calloway 439 Dealing With Anger 470 Professional Responsibility Commission By Peggy Stockwell Annual Report Professional Responsibility Tribunal 445 The Benefits of Yoga to Enhance Your 479 Law Practice Annual Report By Katy Jones 449 Life Is a Zero-Sum Game — Have You Solved Your Save-Spend Balance? By Christine Hotwagner 455 Making the Case for Reflective pg. Practitioner Groups for Mediators 462 By Andrea Treiber Cutter

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 427 FROM THE PRESIDENT

Change Bad Habits Into Powerful New Habits By Linda S. Thomas

Ever heard of Nora Riva Bergman? Me rather than away from them. Step 1: Iden- either until last month when I met her at the National Con- tify the habit you want to create. Be spe- ference of Bar Presidents. She’s an attorney turned “attor- cific, i.e. “drink six glasses of water per ney coach.” It’s been said, “She’s uniquely qualified to day” instead of “drink more water” or address the lessons that every lawyer needs to learn to have “check email once in the morning and a successful practice and fulfilled life. She’s been in the once in the afternoon” rather than “check trenches...lived the struggles...and sees the challenges that email less often.” lawyers face...” With Nora’s expressed permission, I want Step 2: Set up external cues to help you to share one of the lessons taken from her book, 50 Lessons remember to follow through with the for Lawyers. new behavior until it becomes habit. If Lesson #5: Getting rid of unproductive habits and creat- you want to make it a habit to meet with ing new powerful ones. We all have habits that destroy our your paralegal every morning to review focus and decrease our productivity, and your cases, schedule the while it’s easy to form bad habits, it’s difficult meeting on your calendar to change them. For example (admittedly, Things which (and your paralegal’s) un- oversimplified), you’re working on a brief til the daily meetings be- that’s due next Friday. You hear your com- matter most come habit. puter ding letting you know, “You’ve got must never be at Step 3: Following the mail.” Your brain says, “Check your email. same routine makes it eas- That could be important.” You stop what the mercy of ier to remember what you’re doing to check your email every time things which you’re trying to do. If you you hear the ding. Without realizing it, a bad want to create the habit of habit is born. matter least. walking 30 minutes a day, To create a new habit, recognize the cue, do it at the same time and then take it away — turn off that ding when – Goethe in the same surroundings you want to focus. Or everyday. Rituals and rou- maybe you’re in the tines support remember- habit of stopping by your favorite cof- ing, so find rituals that work for you. fee shop each morning for that high- The other 49 lessons taught in her book calorie, but yummy, coffee drink. To are also gems that help you “take control create a new habit, take away the cue of your day, minimize unwanted inter- — change your route to work so as to ruptions, reduce stress, build a great avoid passing the coffee shop. team and love your practice again.” If THREE SIMPLE STEPS you want a law practice that serves your life rather than a life that serves your law Essentially, there are three simple practice, these things are essential. (but not necessarily easy) steps to fol- low to create new, powerful habits “Things which matter most must never be at the mercy of things which matter least.” President Thomas that lead you toward your goals, practices in Bartlesville. whether professional or personal, – Goethe [email protected] 918-336-6300

428 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2017 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 88 — No. 8 — 3/11/2017 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor RENÉE DEMOSS, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can PATRICIA A. FLANAGAN be found at www.okbar.org. MACKENZIE MCDANIEL Yukon Advertising Manager BAR Center Staff AMANDA GRANT, Spiro [email protected] John Morris Williams, Executive Director; C. SCOTT JONES, Gina L. Hendryx, General Counsel; Joe Balken- LACEY PLAUDIS Oklahoma City bush, Ethics Counsel; Jim Calloway, Director Communications Specialist of Management Assistance Program; Craig D. [email protected] ERIN MEANS, Moore Combs, Director of Administration; Susan LAURA STONE SHANNON L. PRESCOTT Damron, Director of Educational Programs; Okmulgee Beverly Petry Lewis, Administrator MCLE Communications Specialist Commission; Carol A. Manning, Director of [email protected] MARK RAMSEY, Claremore Communications; Robbin Watson, Director of LESLIE TAYLOR, Ada Information Technology; Loraine Dillinder Far- abow, Tommy Humphries, Debbie Maddox, Katherine Ogden, Steve Sullins, OFFICERS & Assistant General Counsels Les Arnold, Gary Berger, Debbie Brink, BOARD OF GOVERNORS Tony Blasier, Melody Claridge, Cheryl Corey, LINDA S. THOMAS, President, Bartlesville; Nickie Day, Ben Douglas, Dieadra Florence, JENNIFER CASTILLO, Vice President, Oklahoma City; Johnny Marie Floyd, Matt Gayle, Marley KIMBERLY HAYS, President-Elect, Tulsa; GARVIN A. ISAACS, Harris, Brandon Haynie, Suzi Hendrix, Immediate Past President, Oklahoma City; JOHN W. COYLE III, Misty Hill, Darla Jackson, Debra Jenkins, Jaime Lane, Durrel Lattimore, Mackenzie Oklahoma City; MARK E. FIELDS, McAlester; JAMES R. McDaniel, Renee Montgomery, Lacey Plaudis, GOTWALS, Tulsa; KALEB K. HENNIGH, Enid; JAMES R. HICKS, Tracy Sanders, Mark Schneidewent, Tulsa; ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; Laura Stone, Jan Thompson, Krystal Willis, JIMMY D. OLIVER, Stillwater; SONJA R. PORTER, Oklahoma Laura Willis & Roberta Yarbrough City; ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Miami; Oklahoma Bar Association 405-416-7000 BRYON J. WILL, Yukon; LANE R. NEAL, Oklahoma City, Chair- Toll Free 800-522-8065 person, OBA Young Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in June and July by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Mgmt. Assistance Program 405-416-7008 paid at Oklahoma City, Okla. Mandatory CLE 405-416-7009 Board of Bar Examiners 405-416-7075 Subscriptions $60 per year except for law students registered with Oklahoma Bar Foundation 405-416-7070 the OBA and senior members who may subscribe for $30; all active members included in dues. Single copies: $3 www.okbar.org Postmaster Send address changes to the Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152-3036.

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 429 430 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Work/Life BALANCE Life Is Worth Living: Help Available for Bar Members in Distress By Ann E. Murray

have lost a colleague to depression. Gordon Harris died Feb. 16, 2016. I wish I had known how much he was hurting, how much Ipain he was in. This world can be so difficult. He is not the first attorney I have known personally whose death was due to suicide. When someone dies in that manner, it impacts how everyone remembers them. I do not want that to be the case any longer. I want people to know how Gordon lived and realize that how he died does not define him. He was a good person, a kind and loving soul. Sensitive and caring. He was in charge of an office staffed entirely of women and they adored him. He was their knight in shining armor. He was not from their area and they took it upon themselves to teach him the ins and outs of small-town living.

According to his friends in the office, that “He was the best dad in the world.” He was also respected and loved by his friends He loved to learn our ‘country sayings’ like and colleagues. ‘ginning around.’ He loved to just gin around in that office of his. He learned the I am writing this so that if there is anyone word ‘flukeyjuice’ from me and I teased reading this who has reached a point in their him a lot about whether or not he had his life where life is not worth living I want them own flukeyjuice or not … and Brenda Kay to reach out for help. If you cannot reach out to blessed his heart daily. He loved our saying friends or family, please reach out to me or any ‘used to could.’ I asked him if he played the other member of the Lawyers Helping Law- drums and he laughed that laugh of his yers Assistance Committee. As an attorney, I and said ‘I used to could.’ know that we are less likely to reach out when we need help. We tend to keep things in and Gordon loved their support and attention. are sure that we can handle it on our own. He definitely “used to could” play the drums. Please, if you are thinking of suicide, call Law- In fact, he was quite good, winning best drum- yers Helping Lawyers. Their number is 800- mer in a statewide battle of the bands. But, the 364-7886. Also, please take the time to read and best thing of all about him was that he was a think about the following five things which are loving and proud father to two wonderful found on the Metanoia website.1 children. You could not talk to him for very long without hearing about his kids. He loved 1) You need to hear that people do get them and they loved him. His daughter shared through this — even people who feel as

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 431 badly as you are feeling now. Statistically, what’s going on with you. It is okay to ask there is a very good chance that you are for help. going to live. I hope that this information • Call Lawyers Helping Lawyers at gives you some sense of hope. 800-364-7886 2) Give yourself some distance. Say to your- • Send an anonymous email to The self, “I will wait 24 hours before I do any- Samaritans at www.metanoia.org/ thing.” Or a week. Remember that feelings suicide/samaritans.htm and actions are two different things — just because you feel like killing yourself, • Call the National Suicide Prevention Life- doesn’t mean that you have to actually do line at 800-273-8255 (TTY: 800-799-4TTY) it right this minute. Put some distance between your suicidal feelings and sui- • Call the statewide Suicide Hotline at cidal action. Even if it’s just 24 hours. You 800-784-2433 have already done it for five minutes, just But don’t give yourself the additional bur- by reading this page. You can do it for den of trying to deal with this alone. Just another five minutes by continuing to read talking about how you got to where you this page. Keep going, and realize that are releases an awful lot of the pressure, while you still feel suicidal, you are not, at and it might be just the additional coping this moment, acting on it. That is very resource you need to regain your balance. encouraging to me, and I hope it is to you. 5) Suicidal feelings are, in and of themselves, 3) People often turn to suicide because they traumatic. After they subside, you need to are seeking relief from pain. Remember continue caring for yourself. Therapy is a that relief is a feeling, and you have to be really good idea. So are the various self- alive to feel it. You will not feel the relief help groups available both in your com- you so desperately seek if you are dead. munity and on the internet.

4) Some people will react badly to your sui- 1. www.metanoia.org/suicide cidal feelings, either because they are frightened or angry; they may actually increase your pain instead of helping you, About The Author despite their intentions, by saying or doing thoughtless things. You have to under- Ann E. Murray is a state’s attor- stand that their bad reactions are about ney for the Chickasha Child Sup- their fears, not about you. port Office, Department of Human Services. She has been an attorney There are people out there who can be with for the state for 18 years and is the you in this horrible time and will not judge past president of the Grady Coun- you, or argue with you, or send you to a ty Bar Association. She has been hospital or try to talk you out of how involved with the Lawyers Help- badly you feel. They will simply care for ing Lawyers program for the last 10 years and, having you. Find one of them. Now. Use your 24 been personally affected by suicide and depression, is an hours, or your week, and tell someone advocate for recovery.

432 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 CONQUER YOUR M O U NTAI N

BURNOUT

DEPRESSION

ANXIETY

SUBSTANCE ABUSE

RELATIONSHIP LAWYERS HELPING LAWYERS CHALLENGES ASSISTANCE PROGRAM

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Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 433 434 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Work/Life BALANCE Stress and Substance Use – How Are You Coping? By Deanna L. Harris f you are alive, you are encountering stress. It is an inevitable part of being. It is our perception of an event that dictates how Iwe will respond physically, mentally and emotionally. One person may be invigorated by the idea Soon, between the demands of your career of public speaking while another person is and family life, you may have found yourself paralyzed by the thought. How our minds in a state of chronic stress, using alcohol or interpret the situation will dictate how our other substances in order to cope. The danger body reacts. If the situation is perceived as a in this manner of coping is the risk of develop- threat, the body automatically shifts into a sur- ing an addiction. vival mode — fight, flight or freeze. This can be Many studies have linked stress to addiction; useful in situations that require a physical in fact chronic stress is a well-known substance response, like running from a sabretooth. How- abuse risk factor. In addition to that, a recently ever, in today’s society the threats are more released study conducted by the Hazelden often in our mind. Betty Ford Foundation and the American Bar In modern times, this stress response is hap- Association Commission on Lawyer Assis- pening multiple times throughout the day at tance Programs reports 21 percent of employed home, work, school or even in traffic. Getting lawyers qualify as problem drinkers; for law- up to the alarm, getting kids ready for school, yers under age 30, it’s 31.9 percent. Participants returning emails and voicemails, meeting with in the study also answered questions about clients, writing briefs, long hours, listening to their use of licit and illicit drugs, including angry clients, caring for aging parents; it all has sedatives, marijuana, stimulants and opioids: an effect. This leaves one with feelings of need- Seventy-four percent of those who used stimu- ing to decompress, relax, disconnect, chill out lants took them weekly. or escape. SMALL CHANGES AND COPING ALCOHOL AND STRESS TECHNIQUES Many choose to do that by having a drink or All of this is to say, take a look around and using other substances. This type of coping evaluate how you cope with stress. What path may have started in college or law school. To are you on? Could you benefit from changes in prep for a big exam, you took something to how you cope? If so, start with small manage- help you stay up and pull an all-nighter. After able changes that might include: the big exam you met up with classmates to • Paying attention to negative internal mes- blow off steam and celebrate or commiserate sages or self-talk, that’s where most stress over drinks. As your law career started, the originates. Being logical, using reason and need to entertain clients and network with analyzing information is what lawyers do. other professionals found you having drinks While this is great for the client, it can leave more often.

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 435 you so disconnected from what is going on In conclusion, the demands of practicing law inside, you are unaware of the negative can become extremely stressful on a lawyer. stream of thoughts scrolling through your Too often this stress can lead to substance head. abuse and other problems that affect a lawyer’s professional and personal life. Follow these • Cultivate your social/support network. tips to recognize the stress in your life and Find colleagues and friends that are sup- learn to deal with it in a manner that is both portive and distance yourself from the healthy and productive. ones that seem to add to your stress. Hav- ing a truly supportive network can make all the difference when managing stress About The Author and making changes. Deanna Harris is a licensed • Get a hobby. Having a healthy outlet away clinical social worker and certi- from work can give you the mental and fied employee assistance profes- physical break needed to disconnect and sional. She is the executive direc- recharge. tor of Employee Assistance Ser- • Call Lawyers Helping Lawyers at 800- vices at One Life EAP in Okla- 364-7886 and request peer support with homa City. She has served as the one of the committee members or take contracted coordinator of services advantage of the six free counseling ses- for the OBA’s Lawyers Helping sions to set some goals, get guidance or Lawyers Assistance Program for the past three years. discuss concerns.

OKLAHOMA BAR JOURNAL EDITORIAL CALENDAR

n May n October 2017 Issues Constitutional Law Insurance Law n April Editor: Erin L. Means Editor: Renée DeMoss Law Day [email protected] [email protected] Editor: Carol Manning Deadline: Jan. 1, 2017 Deadline: May 1, 2017 n August n November Technology & Office Administrative Law Management Editor: Mark Ramsey If you would Editor: Amanda Grant [email protected] [email protected] Deadline: Aug. 1, 2017 like to write an Deadline: May 1, 2017 n December article on these n September Ethics & Professional Bar Convention Responsibility topics, contact Editor: Carol Manning Editor: Leslie Taylor the editor. [email protected] Deadline: Aug. 1, 2017 #EIDELIKE I’D LIKE AN INNOVATIVE APPROACH TO EDISCOVERY MANAGEMENT

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Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 437 438 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Work/Life BALANCE Dealing With Anger By Peggy Stockwell

t one time or another, everyone feels anger bubbling up. There is nothing wrong with experiencing anger. It is a Anormal response when a person senses a threat or a social or professional slight. We all get angry at our spouses, our kids, other lawyers, judges, the traffic and any number of things. Anger can be caused by external events, such as being angry at a spe- cific person, or internal events, such as worrying about your per- sonal problems.

Anger is a natural emotion. When you sense into overdrive. When you sense a threat, your a threat, your mind generates fear and anger. nervous system releases powerful chemicals According to Mitch Abrams, Ph.D., an anger that prepare you to fight, run and stay alive.”2 management expert and psychiatry profes- Anger is a subset of stress.3 Anger is usually sional at the Robert Wood Johnson Medical a healthy human emotion. It is an emotional School at Rutgers University, “Anger itself is state that varies in intensity from mild irrita- neither good nor bad.”1 tion to intense fury and rage according to There are different forms of anger: Charles Spielberger, Ph.D., a psychologist who specializes in the study of anger. Passive anger. People with passive anger act like martyrs and do not admit to their Anger is also accompanied by physiological anger. and biological changes. When you get angry, your heart rate goes up, your blood pressure Aggressive anger. This type of anger can be goes up and the levels of your hormones and physical — throwing things or verbal — adrenaline go up.4 Additionally, a rapid re- yelling, cursing, etc. sponse to anger tends to amp up one’s brain. It Passive-aggressive anger. This type of can quickly help you to know there is a poten- anger looks passive but is really aggres- tial threat, but it can also push you to make rash sive. Chronic lateness and intentional decisions in the heat of the moment. Anger has unsafe driving are examples of passive- been linked to accidents and risky behavior such aggressive anger. as gambling, drinking and overeating. It can also play a role in depression. Studies have suggest- Indirect anger. In this type of anger, the per- ed that holding your anger in may be just as son does not talk to the person she is angry unhealthy as blowing up. at — she talks to a third party instead. According to Mitch Abrams, Ph.D., the prob- There are different levels of anger as well. lem is that chronically angry people spend too According to Melissa Bienvenu, “Low to mod- much time in this hyped-up state. Over time erate anger can even work for good, prompting that puts too much wear and tear on your you to right wrongs and make improvement. body, making you more likely to get heart dis- But it also kicks your body’s natural defenses

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 439 ease, high blood pressure, diabetes, high cho- WAYS TO DEAL WITH ANGER lesterol and other problems.5 Medical literature So, we need to learn ways to deal with our now says that stress can make us more vulner- anger and our underlying stress and to stay able to diseases including psychological healthy and maintain healthy relationships impairment. Medical research has shown that both socially and professionally. chronic stress is linked to six leading causes of death — heart disease, cancer, lung ailments, The best way to deal with anger is to control serious accident, liver disease and suicide. it before it controls you. The Florida Bar recent- ly devoted a special issue to mindfulness in its At the least, unchecked anger can push away bar journal. In “The Art of Being Mindful in the the people you need the most. Worse, it can Legal World: A Challenge for Our Times,”8 turn into aggression or violence. Judge Alan S. Gold states that “Put simply, Some of the warning signs of an anger issue excess stress can make us sick or sicker.” are: According to Time magazine, “Scientists have been able to prove that meditation and rigorous • when it occurs too frequently mindfulness training can lower cortisol levels • when the intensity is too strong or in blood pressure, increase immune response and possibly even affect gene • when it endures too long. expression.”9 Occasionally feeling annoyed According to Wikipedia, or even angry is nothing to mindfulness is the psychologi- worry about, but getting angry cal process of bringing one’s at least once a day, holding on to …getting angry attention to the internal and anger for long periods of time or at least once a day, external experiences occurring holding on to anger toward or at in the present moment, which someone who died years ago holding on to anger can be developed through the are signs of anger issues. Anger practice of meditation and other doesn’t come by itself. There is for long periods of training. always another emotion at- tached. Anger is often triggered time or holding on to A more simplistic definition by fear, powerlessness, frustra- anger toward or at of mindfulness is being present tion, pain from the past, feeling in the moment. It is about overwhelmed or exhausted, someone who died obtaining a mind of calmness jealousy, seeking approval, hurt and clarity. It is also about and manipulation and health. years ago are signs of silencing that voice in your head that is negative and distracting. An attorney’s stress begins in anger issues. law school where they are Mindfulness is an element of taught to think like a lawyer some Buddhist traditions. It is and to be competitive for grades. generally considered to have Law students may become alco- been initiated in the West by Jon holics or depressed and take that with them Kabat-Zinn, a teacher of mindfulness medita- into their practice of law. This stress can lead to tion and the founder of the Mindfulness-Based anger, anger at the profession, anger at our- Stress Program at the University of Massachu- selves and anger at other lawyers who some- setts Medical Center. He defines mindfulness times feed further stress and negativity. We as, “Mindfulness means paying attention in a also deal with clients, and they are often angry. particular way: on purpose, in the present moment, and nonjudgmentally.” Nearly 30 percent of the calls received by the OBA’s Lawyers Helping Lawyers program are Some studies have shown that mindfulness due to substance abuse.6 This often represents is correlated with well-being. Clinical physiol- an attempt to self-medicate stress, anger and ogists and psychiatrists have developed a depression. A number of studies indicate that number of therapeutic applications using lawyers suffer from substance abuse, mental mindfulness for helping people who have a disorders and mental issues at a higher rate variety of psychological conditions. Many than the general population.7 large corporations are using mindfulness train- ing. Google has a mindfulness program. Even

440 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Justice Stephen Breyer of the U.S. Supreme • Just do it. You don’t have to be perfect; Court finds it helpful to practice mindfulness. you just have to do it regularly. He states, “For 10 or 15 minutes twice a day I STRATEGIES TO KEEP ANGER AT BAY sit peacefully. I relax and think about nothing or as little as possible.”10 In addition to the mindfulness techniques outlined, the American Psychological Associa- For people interested in mindfulness, I rec- tion14 suggests the following strategies to keep ommend Jon Kabat-Zinn’s books — particu- anger at bay: larly Wherever You Go, There You Are and The Mindful Way Through Depression.11 Cognitive Restructuring If you think yoga might be helpful to you, I Simply put, this means changing the way recommend Yoga for Lawyers: Mind-Body Tech- you think. Angry people tend to curse, swear niques to Feel Better All The Time.12 In Yoga for or speak in highly colorful terms that reflect Lawyers, mindfulness has been associated with their inner thoughts. When you’re angry, your the following traits: leadership skills, attuned thinking can get very exaggerated and overly communications, emotional balance fear mod- dramatic. Try replacing these thoughts with ulation, flexibility and response tactics, empa- more rational ones. thy, insight, heightened sense of morality and better interpersonal skills.13 In this book, law- Problem Solving yers can find tips about yoga, ways to de-stress Sometimes, our anger and frustration are and recharge, information about practicing caused by real problems in our lives. Not all mindfulness and the role of stress. anger is misplaced, and often it’s a healthy, So how do we do it? We breathe. That sounds natural response to these difficulties. The best easy; we do it every day, all the time. We need thing to do in such a situation is to focus on to refocus our breathing to be mindful. Judge how you handle and face the problem. Resolve Gold, in his article, suggests the following: not to get angry. Rather, approach the problem as calmly and rationally as possible. • Sit with good posture and close your eyes. Better Communication • Notice your breathing; focus on the air Angry people tend to jump to conclusions, moving in and out of your lungs. and some of those conclusions can be very inaccurate. If you’re in a heated discussion, • As thoughts come into your mind and slow down and think through your responses. distract you from your breathing, acknowl- The best way to express anger is assertively, edge those thoughts and then return to using “I” rather than “you” statements. So, we focusing on your breathing. should say, “I am angry because you didn’t • If your mind wanders, simply bring your return my call” instead of “You really make me attention back to your breathing. mad.” Assertive anger is the method that com- municates our feelings without violating the Another mindful exercise is called STOP; it integrity of others.15 stands for Stop. Take a Breath. Observe. Pro- ceed. Change Your Environment It is recommended that one start by doing Sometimes our immediate surroundings can this mindfulness meditation for five minutes a cause us anger. Give yourself a break. Take a day for a week and then try to add more time. walk around the block. Take a walk around the This can be done everywhere and anywhere. office. You can sit at your desk and practice mindful- In conclusion, anger is a natural response to ness or you can do it at the courthouse or at stress, but a person must learn to handle anger home. It is a matter of taking a few minutes to and stress in healthy ways. Failure to learn focus on your breathing and clear your mind of healthy techniques for managing anger and negative thoughts. stress constitutes a very serious threat to phys- The following may be helpful to beginners: ical and psychological health. There are many techniques for handling anger and stress. One • Pick a time each day to make it a habit. such technique involves the process of imple- • Close your door. menting the process of mindfulness and medi-

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 441 tation to obtain a calm mind. Other helpful 14. Controlling Anger Before It Controls You, American Psycho- logical Association, www.apa.org/topics/anger/control.aspx. techniques include cognitive restructuring, 15. Louisa Rogers in her pamphlet “Dealing with Anger.” problem solving, better communication and changing of environment. About The Author

1. Melissa Bienvenu, WebMD, “Why Am I So Angry?” 2009 WebMD LLC. Peggy Stockwell practices in 2. Id. Norman, focusing on family law. 3. “Stress and Your Heart,” A.D.A.M. Inc., Feb. 14, 2016. 4. Kate Pickert, “The Mindful Revolution: The Science of Finding She is a certified mediator, arbi- Focus in a Stressed Out, Multitasking Culture,” Time (Feb. 3, 2014). trator and guardian ad litem in 5. Bienvenu, WebMD. family law cases. She has served 6. Oklahoma Bar Association Utilization Report, OneLife Employee Assistance Program, Jan. 1 - Nov. 18, 2016. 7. Butler Center for on the OBA Board of Governors Research, Research Update, Hazelden Foundation, Attorneys and and many OBA committees Substance Abuse (September 2012). 8. The Florida Bar Journal, Vol 90, No. 4 (April 2016). including the Lawyers Helping 9. Pickert, “The Mindful Revolution,” Time (Feb. 3, 2014). Lawyers Assistance Program, 10. CNN Interview with Amanda Enayati, “Seeking Serenity: When Lawyers Go Zen,” May 11, 2011. Awards Committee and Disaster Relief Committee. 11. Jon Kabat-Zinn, www.mindfulnesscds.com/pages/books-by- She is an active Cleveland County Bar Association jon-kabat-zinn. 12. Hallie Neuman Love and Nathalie Martin, Yoga for Lawyers: member, serving on the Executive Committee for Mind-Body Techniques to Feel Better All the Time, Chicago: ABA Publish- many years and as president in 2000. She gets mad a ing, 2014. lot, so she understands anger. 13. Id.

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Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 443 444 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Work/Life BALANCE The Benefits of Yoga to Enhance Your Law Practice By Katy Jones ust exercise more. Eat right. Meditate. Make sure you’re get- Jting enough sleep. Stop worrying so much. Yeah. So, let’s do it. You’ve got this magazine in front of you at your desk. Go ahead and stop Right. slouching over it and sit up straight. Lift up Being told how to have less stress in your life through the crown of your head, plant your causes even more stress. Just sitting there ... feet solid and elevate your heart (literally). Get thinking about everything you’re supposed to as long as you can from belly button to ster- be doing to be a better you. Then some friend num and keep the front of your throat open. who smells like patchouli and never seems to Stay seated tall, and exhale through your nose have a job tells you to come to yoga with them. (or mouth if the nose doesn’t feel right), fully Humans really are the worst. emptying your lungs. Hold for just a second at the bottom of that exhale. Then, inhale through Yoga gets an interesting rap. It’s one of those your nose from the bottom of your belly, things we are either wholly against for no real expanding your ribs out like gills, then up into reason at all or something we treat like it’s our your chest. Hold at the top of that inhale. religion. It doesn’t have to be either of those. It Maybe a slow count to four for each inhale and can just be something you do when you need exhale works better for you. Do what feels it, however often that may be. easiest. Repeat this cycle at least four more I’m here to help you with that. I’m a lawyer. times or as needed. If it feels good to do so, I teach yoga. I’ve been impassioned about and close your eyes. Note how you feel after each disillusioned with both vocations, but I do breath. know for certain that each helps the other. You just did yoga. Hippie. HOW TO DO IT We usually think of yoga as the asanas (phys- When we think of yoga, we either get a pic- ical movements) combined with that pranaya- ture in our mind of a bendy, lululemon-clad, ma (breath). The majority of yoga studios teach upper middle-class woman or a skinny East asana classes, but those worth their salt will Indian dude with dreads and one foot propped always guide you through a pranayama prac- over his shoulder. Yoga is actually an all- tice first. encompassing name for the “8-limbed path,” WHERE DO I GO FROM HERE which is a guide to living your best life. One limb is the physical movements, but another is Attending a yoga class will be different the more important aspect of a yoga practice everywhere you go. Those of you in Oklahoma — your breath. How you breathe can change City and Tulsa are lucky because of the abun- your life. Combine that intentional breath with dant amount of studios to check out. Many movement and getting your mind right, and offer a free first class or introductory deals. well, now you’re onto something. Take advantage. If you don’t like one, don’t

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 445 decide then and there that yoga is not for you. Here’s the good news — if you have low You’re a lawyer. You know to exhaust all vagal tone and are more sensitive to stress and options. Go try out another place with an open disease, you can train your body to improve. mind. You do this through a yoga practice. This is where all the statistics about yoga helping If you’re not keen on the group class settings, those with depression, diabetes, chronic pain you have other choices. My personal favorite is and anxiety come from — increased vagal www.yogaglo.com. This site is full of qualified stimulation. Resistance breathing (such as we teachers, and you can customize what you did at the beginning of this article) increases want. You can pick meditation, intense physi- parasympathetic activity, resulting in increased cal classes, pranayama-focused classes, restor- vagal tone. ative classes, 10-minute classes, 90-minute classes, etc. It’s cheap, has a free 15-day trial and So, if you actively start and make time for a offers unlimited options to do anytime conve- practice, could you have a cooler mindset in nient for you. Unlike YouTube, YogaGlo has trial, more patience with your spouse and professional instructors, and you don’t have to make wiser decisions? sift through the unsavories to find the prize like Yep. Promise. you’re at a garage sale. YogaGlo doesn’t pay me, by the way. Maybe they should. I STILL DON’T KNOW... I’VE READ THIS FAR, BUT I STILL DON’T The ABA has put out a book on yoga for law- KNOW WHY I SHOULD DO THIS. I’M A yers, yoga festivals have classes specifically for BUSY PERSON... lawyers and some state bars have even My friend, as far as we know, you’ve got this approved CLE credit for yoga courses. Medical one body and this one life. You obviously work schools from Harvard to Stanford have incredibly hard to be successful. You’re bright researched the effects of yoga on mental and as can be. Don’t ever lose an opportunity to physical health with overwhelmingly positive feel better and do better. That’s where this results. practice can help you. You’re probably not We see the statistics on poor health in attor- going to lose 40 pounds in a month just by neys constantly. This is not a field for the faint starting yoga and becoming more mindful. of heart. Google “physical health and law- You’re probably not going to immediately yers,” and you’ll see a plethora of self-care tips make more money or win more cases. This is combined with reasons why we’re all drunk not a quick fix, but, eventually, just as any prac- and depressed. tice tends to work, you will become better at your job. Time spent improving yourself is never wast- ed. Yoga is one of those rare, completely safe I’m serious. bets. Don’t overthink it. Give it a try, and get Here’s how… ready to grow. THE SCIENCE About The Author We come equipped with this cool component called the vagus nerve, the longest cranial Katy Jones is an OBA member nerve with the widest distribution in the body. who resides in Tulsa and teaches This guy is a real workhorse; it regulates major yoga at Cherry Street Yoga and body functions, including breathing, heart rate, the Tulsa County Public Defend- digestion and how we “take in” and process ers’ Office. She runs a nonprofit, our experiences. You know that gut feeling you Root to Rise Inc., that provides get? That’s your trusty vagus nerve. yoga and meditation classes for those who have been through Vagus nerve functioning is critical to optimal traumatic experiences with a physiological health. If your brain and body focus on incarcerated men and women. She prides are more resilient under stress, you have an herself in the ability to teach to all walks of life and easier time moving from an excited state to a abilities, and she believes in you. She graduated from relaxed one. You can quickly bring yourself the OCU School of Law in 2011. down from “fight or flight.”

446 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 OKLAHOMA BAR CENTER 1901 N. LINCOLN BLVD. MAY 2, 2017 OKLAHOMA CITY, OK CLE Credit This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 0 hours of mandatory CLE credit, including 0 hour of ethics. Tuition This program is free, but you must register to attend. Contact Nickie Day at 405-416-7050 to register.

Program Planner/Moderator – Jim Calloway, Director, Management Assistance Program, Oklahoma Bar Association Schedule 8:30 a.m. Registration and Continental Breakfast 9:00 The Starting Line Jim Calloway, Director, OBA Management Assistance Program 9:30 It’s All About the Clients: From Client Communication to Client Development and Marketing Jim Calloway 11:00 Break 11:10 How to Manage-Everything! Jim Calloway 12:00 p.m. Lunch provided by Oklahoma Attorneys Mutual Insurance Company 12:30 Malpractice Insurance and Other Risk Management Issues Phil Fraim, President, Oklahoma Attorneys Mutual Insurance Company 1:00 Professional in the Practice of Law Judge David Lewis, Presiding Judge, Oklahoma Court of Criminal Appeals 1:30 Break 1:40 Trust Accounting and Legal Ethics Gina Hendryx, OBA General Counsel 2:40 Break 2:50 Equipping the Law Office Darla Jackson, Practice Management Advisor, OBA Management Assistance Program 3:30 Your Money: Accounting and Tax for Law Firms Ted Blodgett, CPA, CVA, JD, Gray, Blodgett and Company, CPA’s 4:30 Adjourn sponsored by

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 447 448 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Work/Life BALANCE Life Is a Zero-Sum Game – Have You Solved Your Save-Spend Balance? By Christine Hotwagner zero-sum game is a situation in which one person’s gain is equivalent to another’s loss, so the net change in wealth or A benefit is zero. For example, let’s look at your typical poker game. The first round of poker begins with each player placing a specific amount of money into the center of the table (the pot) based on how competitive they think their hand is compared with the other players. The game continues around the table until all players have either placed money into the center or folded. Once all money is placed, the players’ hands are revealed and the player with the winning hand takes the pot. That player’s gain is therefore equivalent to all other contributing players’ losses and the net gain for the group is zero. Unlike the name would suggest, zero-sum taking away from our personal life, and vice games are actually very real. As human beings, versa. It’s a delicate balance and one that is dif- there are limitations on our time, money and ferent for everyone, depending on careers, energy. We do not get an endless supply of ambitions, expectations, characters, stages of these things every day. When deciding how life, etc. much of something — your time, your money, This search for balance is no different for your energy — to use or give out, you are mak- lawyers and legal professionals, and in fact ing the decision to take from one area of your some may argue that achieving this balance is life and give to another. You are continually even more difficult for these professionals. Tra- evaluating how compromises may play out, ditionally, legal professionals tend to be very hoping the ultimate outcome will strike a bal- committed to their careers. They spend long ance that gives you comfort and reward. hours in the office during the week and often When we think about the term “work-life work nights and weekends as well. Since they balance,” aren’t we basically talking about a can essentially do their work anywhere and at zero-sum game? Every day we have to make any time, traditional office hours don’t apply. the decision between how much time and The essence of the zero-sum game for lawyers energy we put toward our work and our likely manifests itself in the number and com- careers and how much time and energy we plexity of work and life obligations while dedicate to our “life” — whether that be our bound by the irrevocable fact there are only 24 health, our families, our homes, our pets or our hours in each day. Since the speed of the earth’s sports and hobbies. When we make that deci- rotation onto its axis isn’t likely to change any- sion in favor of our career, we are essentially time soon, the work and life trade-off becomes

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 449 more difficult to manage when there is more ment. So what can you do now to help ensure work to get done and just as many personal you’ll have what you need tomorrow? The matters to attend to. short answer is take action today! We can draw many parallels between achiev- Planning for retirement also falls into the ing work-life balance and achieving financial zero-sum game concept. What can you do to balance, where saving and spending are at odds. help plan for your retirement? Consider estab- In each case, there is a finite amount available lishing a retirement plan. As a solo practitioner — time in the case of work-life balance and or small firm owner, you need to understand money in the case of save-spend balance. your responsibilities as the plan sponsor if you establish a retirement plan for your firm. There HYPERBOLIC DISCOUNTING AND OTHER CHALLENGES are eligible employees you need to factor into the equation, as well as saving for your own In effect, saving for retirement is also a zero- retirement. sum game. Every dollar we choose to save now is a dollar we choose not to spend on the latest The “spend now or save now” decision is not cellphone, a new outfit or a night out on the the only challenge we face when it comes to town. The save-spend balance is further com- planning and saving for retirement. One of the plicated by the fact that the biggest challenges is whether or rewards are not necessarily not we have access to a retire- delivered under the same time ment savings plan to begin table. Typically, spending comes with. Statistics have shown that with instant gratification. In the In effect, saving people are much more likely to case of saving however, the save for retirement if a 401(k) reward is typically delivered at for retirement is also plan is available to them through some point later. And when sav- a zero-sum game. the workplace. However, access ing for retirement, the reward to such plans has been a diffi- may not come for several Every dollar we cult hurdle to overcome when it decades. comes to smaller employers, choose to save now is who typically choose not to It’s no secret that we humans sponsor a plan. Of all small have a tendency to value short- a dollar we choose employers — those with 10 or term rewards over longer-term not to spend on the fewer workers — only 16.5 per- rewards, even when mathemati- cent sponsor a retirement plan, cally they are worth the same. latest cellphone, a according to an Employee Ben- The further away the reward, efit Research Institute estimate. the more we tend to discount it. new outfit or a night This is especially noteworthy in This is the concept of hyperbolic out on the town. light of the fact that, according discounting. to the latest statistical report by the American Bar Foundation, How does it work? Assume nine in 10 lawyers work for someone has the choice between firms that have fewer than 10 attorneys. The $20 now and $100 tomorrow. Most will wait a propensity for law firms to be small means day and collect the $100 reward. But what if I most law professionals do not have access to a were to offer you $20 now or $100 a year from workplace retirement plan. now? Turns out many people will opt for the $20 now, discounting the value of a larger BE READY TO RETIRE, WHETHER YOU reward because it is so far into the future. PLAN TO OR NOT Expressed another way, hyperbolic discount- If you’re like most working Americans, you ing is a person’s desire for an immediate see your 401(k) plan as the cornerstone to your reward rather than a higher-value reward at retirement savings. But if you’re not, and you some point later. believe you’ll never retire from practicing law, You don’t have to be a lawyer to understand consider this: one in five retirees does not retire this concept, because it affects everyone the on the planned-for date because of illness or same. That’s why legal professionals, just like health issues. One of life’s realities is that with the rest of us living in today’s society, struggle old age comes a variety of health concerns to plan ahead and save adequately for retire- which may impact your ability and willingness

450 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 to practice law. Often law professionals are rates may impact your retirement savings and forced into retirement owing to ailments or when you can afford to retire. health conditions. The uncertainty about what your health has in store for you down the road Tip #2: Take Advantage of Matching Contributions is cause for planning. So, whether you plan to If your retirement plan offers a company retire or not, consider just a few simple tips match, take advantage of it! This valuable ben- that can help you be ready to retire with the efit requires that your employer match your dignity and financial security you expect and contributions – typically capped at a percent- deserve. age of your pay. For example, a company may Tip #1: Participate in Your Retirement Plan offer a dollar-for-dollar match up to 3 percent If you haven’t yet enrolled in your 401(k) of pay or a 50 percent match up to 6 percent of plan, make it a point to do so now. People are pay. Find out what your employer will match living longer now than ever before. According and, at the very least, contribute enough to to a report by the U.S. Census Bureau, the take advantage of the match. United States is projected to have 9 million Many law firms will offer generous matches people above the age of 90 by 2050 – up from and sometimes profit sharing plans where the 1.9 million in 2010 and only 720,000 in 1980. These statistics illustrate that our nation’s employer has discretion to determine when 90-and-older population has nearly tripled and how much the company pays into the over the past three decades … and is projected plan. The amount allocated to each individual to quadruple over the next four decades. These account is usually based on the salary level of longer life spans coupled with rocketing health the employee. care costs, the uncertain future of Social Secu- Tip #3: Make Catch-Up Contributions rity and the decline of public pensions means individuals are increasingly responsible for If you are age 50 or older (or will be by the finding their own path to retirement income end of the calendar year) and your retirement adequacy. plan allows, take advantage of the “catch-up” Contributing to a 401(k) plan can put you on provision. Legislation has made it easier for the right track to be able to fund your retire- you to save more for your retirement with the ment years. The money you contribute is tax- “catch-up” provision outlined in the Pension deferred from both federal and state income Protection Act of 2006. In addition to the gen- taxes, which means you don’t pay taxes on the eral deferral limit of $18,000 for 2016, you can contributions until you withdraw the funds, contribute an additional $6,000 for a total of typically at retirement age. Furthermore, con- $24,000. This means if you are 50 years old this tributions to the plan are deducted automati- year and haven’t started saving for retirement, cally from your paycheck, making the process you can contribute nearly as much as $250,000 seamless for you. over the next 10 years — tax-deferred — to For law professionals, this tip is especially your 401(k) plan. When you consider the important. The law profession is characterized potential of compound earnings, this can add by busy, time-consuming schedules with little up to significant savings. time for planning outside of work. As a result, law professionals compulsively push off the Tip #4: Keep Your Savings Working for You decision to start saving. As inertia sets in, many Even if the plan allows you to borrow from people are left feeling as if their bank account your plan, think twice before doing so. is a ticking clock and too few years remain Although it may sound appealing, borrowing until retirement. from your 401(k) reduces the benefit of tax-free If you’re unsure about how to get started, compounding that is the key to building up take advantage of the many helpful online savings. Before you make the decision to take a interactive experiences and resources available loan, there are a few considerations to take into to you, such as Voya’s myOrangeMoney retire- account: ment calculator available at voya.com. These tools offer an easy way for you to determine • You will pay interest on the loan with how much you need to save to reach your after-tax dollars, thereby losing the tax retirement goals, how different contribution advantage.

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 451 • You will pay taxes a second time when you CONCLUSION eventually withdraw the money in retire- We’ve discussed two of life’s zero-sum games ment. — work-life balance and save-spend balance. • Interest on the loan is not tax-deductible, Both are similar in that they require you to even if funds are used for a home pur- make compromises. To what degree you are chase. willing to compromise is up to you. When it comes to saving for retirement it’s important to • Most loans must be paid back within five understand how spending today may nega- years, but if you leave your job, the loan tively impact your ability to retire comfortably must be paid back in full immediately or in the future. You don’t have to put away half the amount becomes a taxable withdrawal. of your income every month, but you do have Tip #5: Invest for the Long Term to make sure that what you are putting away will adequately cover your needs once you Once you set your investment allocations, be reach retirement age. Do you want to live in patient. Predicting the market is not like pre- financial security in retirement? Travel? Live in dicting the weather. There are no high-tech the home you want? Have enough to pay for gadgets or radar systems to predict the highs health expenses? If so, then you need to value and lows that may lie ahead. It’s critical to your save-spend balance as much as you do remember that what is important is time in the your work-life balance. market, not timing the market. Discipline your- self to maintain your allocation through down markets as well as up markets. Having a prop- erly diversified portfolio will help make any About The Author market swing easier to digest. Conduct an Christine Hotwagner is pro- annual review of your plan to confirm your gram operations director for ABA allocations still align with your life stage and Retirement Funds, an affiliate of economic circumstances. the ABA, dedicated to helping Tip #6: Spend Time With a Financial Professional lawyers with their retirement by providing fully bundled retire- According to Voya research, those who spend ment solutions for law firms of all time with a financial professional save more sizes. Established in 1963, the than their peers and have greater investment organization has more than 3,800 knowledge and confidence in their ability to law firm retirement plans, 38,000 participants and enjoy retirement. If you have never received over $5 billion in assets in the ABA Retirement help from a financial professional before, this Funds Program. assistance is something to consider pursuing.

452 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 453 454 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Work/Life BALANCE Making the Case for Reflective Practitioner Groups for Mediators By Andrea Treiber Cutter he life of an attorney mediator can be somewhat lonely. Although co-mediation is occasionally used in domestic Tcases, most cases are mediated by one mediator. Many attorney mediators have a solo practice or practice in a small group setting. Even if an attorney mediator practices in a larger firm, the mediation practice is typically effectively segregated from the rest of the firm for practical and ethical reasons. Although some mediators ask participants to fill out an evaluation at the conclusion of the mediation, most mediators are left to wonder how the participants perceived them and whether their methods and techniques were effective. There is a trend in the United States to form “reflective practitioner groups” of mediators to help address these issues that can create a professional and emo- tional strain on mediators.

WHAT ARE REFLECTIVE PRACTITIONER ongoing basis. The purpose of the groups is GROUPS? professional growth and improvement of its A reflective practitioner group is a small membership. A likely benefit may be reduction group of mediators who come together on a and/or management of the stress that often regular basis to discuss issues they have comes with a solitary practice. encountered in recent mediations. They may The adjective “reflective” appears to be the discuss ethical questions that arise during result of the acceptance within the profession mediation, a particularly difficult party or of the need for mediators to reflect on their advocate, how the matter was dealt with and own practice and techniques in order to con- share ideas for how the situation could have tinue to develop professionally. To accomplish been dealt with better. Reflective practitioner this, mediators should “develop the discipline groups are similar to the “reflective learning” and practices of reflection. The ability to learn process many experience during their media- from each experience; to refine, adjust, and tion training. Although there are seminars, enhance one’s skills; and to respond thought- training sessions and bar meetings geared fully to the unique and surprising events in toward mediators that may partly fill in these professional practice can be achieved through gaps, the reflective practitioner group meets the consistent, thoughtful, and intentional more frequently to provide support on an application of the methods and principles of

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 455 reflective practice.”1 There are questions media- ed support benefits for mediators that reflec- tors can ask themselves soon after the conclu- tive practitioner groups do not provide. sion of the mediation to facilitate self-reflection. ETHICAL CONCERNS The objective is that self-reflection becomes a habit, which ideally will help the mediator grow Reflective practitioner groups can focus on a professionally. A few such questions include: variety of issues including ethical issues that have or may arise during mediation, strategies • Was my theoretical approach helpful in regarding how much or how little to allow par- dealing with the parties and the conflict? ties to vent and the advisability of holding a • How was this conflict different from other joint session among many other possible top- conflicts? ics. In the context of these group reflections, it is important to share problems, solutions and/ • Were there surprises, unexpected respons- or advice while being mindful that the infor- es, unanticipated issues or curious or novel mation gleaned during mediation is privileged events? and confidential.6 Furthermore, while online • How did I respond to those unexpected social platforms are a normal way for many events? folks to communicate and share ideas, it is very important that mediators, and • Was I able to reflect in action? attorneys, not “overshare” If yes, when, with what re- because to do so risks violating sult and to what effect? If no, their duty to maintain privileged why not? Reflective and confidential information. • What do I like about the way On social media especially, it is I handled the session or par- practitioner groups also very important for media- ticular interventions? What tors to preserve impartiality. A seemed artful, responsive can focus on a mediator should not give an and effective? Why? appearance of slipping into the variety of issues role of an advocate for one side • What additional information or another. or skill do I wish I had? How including ethical and where can I learn that?2 issues that have or POTENTIAL BENEFITS FOR OKLAHOMA One of the purposes of reflec- may arise during PRACTITIONERS tive practitioner groups is to put similar practices into action in a mediation… Based on an unscientific poll group setting. Generally, there conducted of attorney media- are three types of reflective prac- tors, it appears this trend has tice groups forming around the not yet made its way to Okla- country. The first is a formal group, wherein homa. Although there are avail- mediators meet in person with a facilitator able training programs that focus on reflective who leads the discussion or moderates the dis- learning exercises, programs through the Okla- cussion among the members. This type can be homa Bar Association that provide support to 7 found in California.3 The second type is infor- attorneys generally, continuing legal educa- mal wherein there isn’t a specific leader or tion and other seminars and professional facilitator, and the topics therefore tend to be development opportunities, these do not meet less planned and more free flowing. Examples on a frequent basis and are typically not inten- of these groups can be found in Washington, tional in assisting practicing mediators in a D.C.4 The third type is telephonic wherein the reflective learning process. members meet over conference call or via a There are numerous potential benefits of web-based conference service. A benefit of this forming these groups in Oklahoma, not the type of group is it is not constrained to a par- least of which would be to promote the mental 5 ticular geographic region. There are also peer health and well-being of mediators. These groups that are less intentional than reflective groups have the potential to become like sup- practice groups that can be found on social port groups for practicing mediators. There can media platforms such as LinkedIn. These be solace in knowing you are not alone and groups tend to be much larger and do not have that other seasoned professionals face hurdles defined meetings but may provide much need- and challenges similar to your own. There is

456 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 also the benefit of creating a form of appren- 2. Id. at 140. 3. Ava J. Abramowitz, Laura J. Sipanowich, Alexander Gorelik. ticeship. Some seasoned attorneys who are “Reflective Practitioner Groups: A New Tool for Improving Ourselves wanting to shift their practice to mediation as Practitioners?” American Bar Association. www.americanbar.org. Sept. 20, 2016. later in their careers do not have the same level 4. Id. of litigation experience or level of experience as 5. Id. 6. Okla. Stat., tit. 12 (1983) §1805. an advocate in mediation, as many with an 7. Through the Lawyers Helping Lawyers program, the Oklahoma established mediation practice may have. The Bar Association offers its members counseling, a crisis hotline and more experienced mediators can provide guid- monthly meetings on a variety of topics faced by attorneys generally during their everyday practice. ance and insight to the ones coming up. There are also obvious networking possibilities. Fel- low mediators can be possible referral sources in the case of a conflict or dispute that is simply About The Author outside the others’ area of expertise. There is also a benefit to mediation as its own industry Andrea Treiber Cutter practic- to lift up all of its members. Increasing the es law at Cutter Law Firm PLC in quality of mediators generally helps everyone Tulsa. She has more than 22 years in the industry. of experience litigating commer- cial cases in Texas and Oklahoma. 1. Lang, M.D. & Taylor, A. The Making of a Mediator; Developing She also mediates business and Artistry in Practice. San Francisco: Jossey-Bass, 2000, at 47-48. employment disputes.

- Now accepting appointments and referrals -

Tulsa Office OKC Office 1630 S. Main Street 228 Robert S. Kerr, STE 835 Tulsa, OK 74119 Oklahoma City, OK 73102 918.585.1107 [email protected]

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 457 LEGISLATIVE NEWS

Members Urged to Reach Out to Legislators on March 21 By Angela Ailles Bahm

As I write this article, the but it gives you a reason to political machinery keeps go to the Capitol and see ticking away. I hope you are exactly what is taking place. using the tools and free I have enjoyed seeing debate resources on the Oklahoma take place on the floor by sit- Legislature’s website at ting in the gallery of both the www.oklegislature.gov to House and the Senate. It monitor bills you are inter- truly gives you an idea of the ested in — and that you are scope of the issues with providing input to your leg- which our legislators are islators. dealing and emphasizes the need for lawyer and citizen As a reminder, March 21 is input. Again, take advantage the annual OBA Day at the of this opportunity and Capitol. I again urge every- attend with us for a Day at one to attend and participate the Capitol. if you possibly can. The agen- da has been drafted thanks to As a reminder, there are 17 our executive director, John attorneys in the House and Morris Williams. Registration five in the Senate. When you will begin at 9:30 a.m., and the go to the Capitol, I urge you program will begin promptly not to just visit these fellow at 10 a.m. Presenters will in- lawyers but also make sure clude OBA President Linda to take the opportunity to Thomas, Legislative Liaison Clay Taylor, Admin- introduce yourself to your senator and represen- istrative Director of the Courts Jari Askins and tative and to give them your business card. Take yours truly. Rep. (House District the opportunity to offer your expertise as a re- 91), chair of the House Judiciary Committee, will source to them. speak and provide an update. In this article, I cannot possibly address all the In addition, former representative and attor- bills that might affect your area of practice. If ney Randy Grau will assist attendees with a you have bills you think the Legislative Moni- presentation on how to approach legislators. toring Committee should have an interest in and Lunch will take place from noon to 1 p.m., and report on, please do not hesitate to let me know. afterward all attendees who choose to will visit legislators at the Capitol. You must RSVP to Bills that continue to be monitored include: attend. Call Debbie Brink at 405-416-7014, 800- HB 1570 Creating the Civil Procedure Reform 522-8065 or email her at [email protected]. Act. Don’t miss the opportunity! HB 1925 Creating the Court Redistricting Act For me personally, this has always been a very of 2017. rewarding opportunity. One shouldn’t need it,

458 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 HB 2306 Adding some court costs and filing viable. If they come out of their house of origin, fees. then they move to the other house for consider- ation. SB 536 Eliminating the ability to charge a fee as a condition of licensing. I look forward to seeing you March 21. SB 699 Creating a mandatory retirement age for appellate judges. About The Author SB 700 Provides for appointment by the Senate Ms. Ailles Bahm is the manag- and House of attorney JNC members. ing attorney of State Farm’s in- house office and also serves as the SB 708 Adds to the qualifications to become a Legislative Monitoring Commit- judge that one must have tried three jury trials. tee chairperson. She can be con- Again, these are just a small sampling of bills tacted at angela.ailles-bahm. still making their way through the legislative [email protected]. process. Bills must come out of their house of origin by March 23 for them to continue to be

Attorney Legislators First Session – 56th A total of 149 elected representatives and senators serve in the Oklahoma Legislature. The OBA is proud of its 22 lawyer members, who represent 17 percent of the House and Senate in Oklahoma.

Sen. Julie Daniels – District 29 Rep. Chris Kannady – District 91 Hometown: Bartlesville County: Cleveland Sen. Kay Floyd – District 46 Rep. – District 7 Hometown: Ada Counties: Delaware, Ottawa Sen. David Holt – District 30 Rep. – District 97 Hometown: Oklahoma City County: Oklahoma Sen. John Sparks – District 16 Rep. Scott McEachin – District 67 Hometown: Norman County: Tulsa Sen. Anthony Sykes – District 24 Rep. Terry O’Donnell - District 23 Hometown: Moore Counties: Rogers, Tulsa, Wagoner Rep. Scott Biggs – District 51 Rep. – District 81 Counties: Grady, McClain, Stephens County: Oklahoma Rep. Kevin Calvey – District 82 Rep. David Perryman – District 56 County: Oklahoma Counties: Caddo, Grady, Kiowa Rep. Tim Downing – District 42 Rep. – District 44 Counties: Garvin, McClain County: Cleveland Rep. – District 90 Rep. – District 87 Counties: Cleveland, Oklahoma County: Oklahoma Rep. – District 94 Rep. Cory T. Williams – District 94 County: Oklahoma County: Payne Rep. John Paul Jordan – District 43 Rep. – District 64 County: Canadian County: Comanche

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 459 OBA DAY at the CAPITOL

TIME TOPIC/EVENT SPEAKER/LOCATION

9:30 a.m. Registration Emerson Hall, 1901 N. Lincoln Blvd., Oklahoma Bar Center

10 a.m. Introduce OBA President John Morris Williams, Linda S. Thomas OBA Executive Director

10:05 a.m. Welcome President Linda S. Thomas

10:10 a.m. This Session from the Rep. Chris Kannady, Perspective of a House District 91 Legislator

10:30 a.m. Bills of Interest Jari Askins, Administrative to the Judiciary Director of the Courts

10:50 a.m. Break

11 a.m. How to Track Bills on Angela Ailles Bahm, the Legislative Website Legislative Monitoring Committee Chairperson

11:20 a.m. Bills of Interest Relating Clay Taylor, to the Practice of Law Legislative Liaison and Their Status

11:30 a.m. How to Talk to Legislators Randy Grau, Former Representative District 81

Tuesday, 11:50 a.m. Information and Questions John Morris Williams March 21, 12 p.m. Lunch 2017 1-3 p.m. Visit with Legislators State Capitol Building

Please RSVP if attending lunch to: [email protected] or call 405-416-7014; 800-522-8065

460 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 BAR NEWS Proposed Oklahoma District Court Rule Modification Member Comments Requested

The following is a modification to the Rules for Dis- district court rule be approved by the OBA trict Courts of Oklahoma as proposed by the OBA Board of Governors and forwarded to the Access to Justice Committee. This proposed addition is Oklahoma Supreme Court with a recommen- currently under consideration by the OBA Board of dation for adoption. Governors. The proposed new rule provides disclosures that should be used when providing limited scope repre- Rule 33. Limited Scope Representation sentation in accordance with existing Rule 1.2 (c) of the Oklahoma Rules of Professional Conduct. A lawyer providing limited scope represen- tation under Rule 1.2 (c) of the Oklahoma Members of the OBA are encouraged to review Rules of Professional Conduct may draft the proposed addition and submit any comments pleadings for a pro se litigant to file with or by March 28, 2017, 1) via email to commentslimited- present to a district court without the lawyer [email protected] or 2) mail hard copy comments to LSR Comments, OBA, P.O. Box 53036, Oklahoma entering an appearance in the matter. A lawyer City, OK 73152. shall disclose such assistance by indicating their name, address, bar number, telephone OBA Access to Justice Committee number, other contact information and, Proposed New Court Rule on Limited Scope optionally, a signature on said pleading with Representation the phrase “No appearance is entered as coun- The OBA Access to Justice Committee unani- sel of record.” mously recommended that the following new

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 461 462 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 OBA EVENT

The Future, the Past, Some Fundamentals and Technology Tips Galore By Jim Calloway

The future and the past will Management & Technology of be highlighted at the 2017 The Chicago Bar Association. OBA Solo & Small Firm Con- She is going to enlighten us ference. The conference, which about Microsoft Office 365 and will be held June 22-24 at the team with OBA Practice Man- Choctaw Casino Resort in agement Advisor Darla Jack- Durant, devotes an entire track son for a program called on Friday to Oklahoma’s Trial “Extreme Makeover: Law Firm of the Century — the Alfred P. Website Edition.” Ms. Reach Murrah Federal Building and I will kick off Friday bombing trial. This track will morning with “Critical Tech- focus on the lessons lawyers nology Tools for the Solo and can learn from the trial of Small Firm Practice.” Terry Nichols, focusing on the Many solo and small firm massive investigation under- www.okbar.net/solo lawyers are looking for areas taken by the FBI, the evidence in which to expand their prac- as chronicled by Oklahoma’s “60 Tech Tips in 60 Minutes” tice. If you are not yet practic- own historian/lawyer/author will kick off Saturday morning ing in tribal courts, you may Bob Burke, prosecution and instead of Friday morning. We want to attend Shannon defense strategies and com- are asking the presenters on Prescott’s program, “Navigat- ments from recently retired our substantive law sessions to ing Tribal Court Practice.” Oklahoma Supreme Court Jus- include more forms with their Many say this is a growing tice Steven Taylor, who was materials. We are going to area of their practice. the trial judge on the case. have both musical and magi- cal entertainment. The confer- Other substantive law For a look at the future, we ence registration fee includes programs include “Estate will host a demonstration meals and evening events. Planning for Mom and Pop,” “Immersive Evidence: Virtual “Relocation – When Harry Reality in the Courtroom and As always, the conference Left Sally,” “Civil Discovery: Boardroom” by OU College of offers 12 hours of MCLE cred- Forms and Procedures,” Law Professors Darin Fox and it, including one hour of ethics “Basics of a DPS Revocation Kenton S. Brice. The day is credit. Our ethics program this Hearing,” “Hot Areas of Okla- coming, sooner than you year is “The Ethics of Attor- homa Oil and Gas Legal Work think, when investigators at a ney-Client Contracts and in 2017” and “How to Read an crime scene will create virtual Engagement Letters” with Abstract for Marketable Title.” reality recordings that will OBA General Counsel Gina allow jurors to don headsets Hendryx joining me. We know, Would your clients hire you and virtually “walk around from conversations with our if they thought you didn’t the crime scene.” members, this will be a subject intend to keep their confidenc- of great interest. es? The growing risk of online We are shaking things up intrusions to law firm net- this year. Children’s activities A special returning guest works and client data is an with supervision are being this year will be Catherine important consideration for planned. Our ever-popular Reach, director of Law Practice

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 463 law firms of all sizes. We are ahead and register now? We pleased to welcome Heidi hope to see you at the 2017 Shadid for her presentation, OBA Solo & Small Firm Con- “Mitigating Cyber Risk for ference. Law Firms.” Mr. Calloway is OBA Manage- One program was so good at ment Assistance Program director. the OBA Annual Meeting last Need a quick answer to a tech fall we had to bring it to this problem or help solving a manage- year’s Solo & Small Firm Con- ment dilemma? Contact him at ference. Attorney and CPA Ted 405-416-7008, 800-522-8065 or Blodgett will discuss “Finan- [email protected]. It’s a free member cial Literacy for Lawyers.” benefit! Most law students graduate law school without ever look- ing at a tax return other than their own. Mr. Blodgett will give us an overview of the items you need to examine in CONFERENCE SPONSORS tax returns to get the true story whether it is the health ENTERTAINMENT of an ongoing business, some- Co-Producer Thursday Night: one trying to minimize income Magical Illusionist ‘Bradini’ in a contested family law mat- • Oklahoma Attorneys Brad “Bradini” Evans is an award- Mutual Insurance ter or whether someone is try- ing to be tricky in another winning professional magician, Company illusionist, entertainer and speaker way. This is an extremely with more than 35 years of perform- informative presentation. Gold ing experience. He cus- The OBA Solo & Small Firm tomizes his programs • LEAP Conference is held in conjunc- using his unique

tion with the Young Lawyers blend of magic and Silver Division Midyear Meeting. family-friendly • 3000 Insurance Group comedy to There will be networking make events • Eide Bailly opportunities for young law- memorable, yers. Many of our educational • OBA Family Law Section entertaining sessions are designed with and fun! • OBA General Practice — value to young lawyers in Solo and Small Firm Section mind. We know that all of our • OBA Law Office Management and young lawyers will appreciate Friday Night: Technology Section the forms provided with Live Music with Levi Parham many of the substantive law Levi Parham is • Thomson Reuters programs. an Americana musician, sing- Bronze This conference has always been about more than just the er and song- • ARAG Legal CLE. It’s a chance to relax and writer from southeast Ok- • Beyond Square One get away. It’s an opportunity lahoma. The • Cosmolex to meet with other lawyers Kansas City from all across Oklahoma. Star called him • FindLaw There’s a lot of time for fun “An Okie version of Ray Lamon- • LawPay and a great resort setting at tagne…” while The Bluegrass Situa- the Choctaw Casino Resort in tion said, “Perhaps it’s something in • MyCase Durant. The registration form the water — that same iron-heavy • Rocket Matter accompanies this article for tap drink that Woody Guthrie those who like paper, and you sipped on as a young man… • Tabs3 Software can register online at www. Whatever it is. Levi Parham has it.” okbar.net/solo. Why not go

464 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 2017 SOLO & SMALL FIRM CONFERENCE

Thursday, June 22

3 – 6:30 p.m. Registration

6:30 p.m. Reception; 7 p.m. Dinner and Entertainment (Included in Seminar Registration Fee) Friday, June 23

7 a.m. BREAKFAST (Included in Seminar Registration Fee) Critical Technology Tools for Estate Planning for Oklahoma’s Trial of the 8:30 a.m. the Solo and Small Firm Practice Mom and Pop Century – The Crime Jim Calloway & Catherine Reach Emily Crain John Hersley 9:30 a.m. Break Microsoft Office 365: Improve Relocation – When Oklahoma’s Trial of the 9:40 a.m. Your Firm’s Collaboration and Harry Left Sally Century – The Evidence Productivity Ginny Henson Bob Burke Catherine Reach 10:40 a.m. Break Social Media – Do I Civil Discovery: Forms Oklahoma’s Trial of the 10:55 a.m. Really Have To? and Procedures Century Darla Jackson Cheryl Clayton TBA

12 p.m. LUNCH (Included in Seminar Registration Fee) The Flexible Law Firm Navigating Tribal Oklahoma’s Trial of the Jim Calloway & Catherine Reach Court Practice Century – The Prosecution 1 p.m. Shannon Prescott TBA Oklahoma’s Trial of the Century – The Defense Brian Hermanson 2 p.m. Break Extreme Makeover: Law Firm Basics of a DPS Revocation Oklahoma’s Trial of the 2:10 – Website Edition Hearing (and Update on Century – Reflections 3 p.m. Catherine Reach & Darla Jackson Recent Rulings) Retired Oklahoma Supreme Court Brian Morton Justice Steven W. Taylor

6:30 p.m. Reception; 7 p.m. Dinner and Entertainment (Included in Seminar Registration Fee)

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 465 Saturday, June 24

8:25 a.m. Remarks OBA President Linda Thomas 60 Tech Tips in 60 Minutes 8:30 a.m. Catherine Reach, Jim Calloway & Darla Jackson

9:20 a.m. Break The Ethics of Attorney-Client Contracts Trust Accounting (ethics) 9:30 a.m. and Engagement Letters (ethics) Darla Jackson Giny Hendryx & Jim Calloway 10:20 a.m. Break (Hotel check out) Solo Quick Takes Mitigating Cyber Risk The Hot Areas of Oklahoma Oil TBA for Law Firms and Gas Legal Work in 2017 – 10:55 a.m. Heidi Shadid including a Discussion of Current Cases Mark Christiansen

LUNCH (Included in Seminar Registration Fee) 11:45 a.m. 50 Years of the Oklahoma Judicial Nominating Commission (.5 hours MCLE) Bob Burke Financial Literacy How to Read an Abstract 12:45 p.m. for Lawyers for Marketable Title Ted Blodgett Kraettli Epperson 1:35 p.m. Break Immersive Evidence: Virtual Reality in the Courtroom and Boardroom 1:40 p.m. Darin Fox & Kenton S. Brice

2:05 – What’s Hot & What’s Not in Law Office Management and Technology 2:30 p.m. Jim Calloway & Darla Jackson Approved for 12 Hours MCLE / 1 Hour Ethics

466 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 ONLINE REGISTRATION www.okbar.net/solo MAIL FORM CLE Registrar, P.O. Box 53036 Oklahoma City, OK 73152 FAX FORM 405-416-7092

REGISTRATION AND POLICIES

CANCELLATION POLICY HOTEL RESERVATIONS REGISTRATION, ETC. Cancellations will be accepted Call 800-788-2464 for Registration fee includes 12 at any time on or before June hotel reservations. Refer hours CLE credit, including one 8 for a full refund; a $50 fee to Oklahoma Bar hour of ethics. Includes all will be charged for Association when meals: evening buffet Thursday cancellations made on or reserving room and/or and Friday, breakfast buffet after June 9. block code 1706OBAOKL. Friday and Saturday, lunch No refunds after June 14. buffet Friday and Saturday.

REGISTRANT INFORMATION

Full Name: OBA #: Address: City/State/Zip: Phone: Fax: Email: Name and city as it should appear on badge if different from above:

GUEST INFORMATION children participating in children’s activities must be 5 years of age or older members must register by June 8 for children’s activities

Adult guest name: ______

PARTICIPATING IN CHILDREN’S ACTIVITIES Child guest name : ______Age: ___ YES / NO Child guest name : ______Age: ___ YES / NO Child guest name : ______Age: ___ YES / NO Child guest name : ______Age: ___ YES / NO FORM CONTINUED ON NEXT PAGE – INCLUDE BOTH PAGES WHEN FAXING/MAILING Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 467 STANDARD RATES FOR OBA MEMBERS admitted before Jan. 1, 2015 CIRCLE ONE Early Attorney Only Registration (on or before June 8) $200 Late Attorney Only Registration (June 9 or after) $250

Early Attorney and One Guest Registration (on or before June 8) $300 Late Attorney and One Guest Registration (June 9 or after) $350

Early Family Registration (on or before June 8) $350 Late Family Registration (June 9 or after) $400 SPECIAL RATES FOR OBA MEMBERS OF TWO YEARS OR LESS admitted on or after Jan. 1, 2015 CIRCLE ONE Early Attorney Only Registration (on or before June 8) $125 Late Attorney Only Registration (June 9 or after) $150

Early Attorney and One Guest Registration (on or before June 8) $225 Late Attorney and One Guest Registration (June 9 or after) $250

Early Family Registration (on or before June 8) $275 Late Family Registration (June 9 or after) $300 CHILDREN’S ACTIVITIES supervision provided – must be 5 years of age or older

Must complete registration by June 8 for children’s activities Friday Morning Unlimited game play, laser tag and bowling $15 X (number of children) _____ = $______

Friday Afternoon Swimming at the Family Zone Cabanas $15 X (number of children) _____ = $______(child must be able to swim)

Friday Evening Movie (refreshments provided) $8.50 X (number of children) _____ = $______$10.50 X (number of adults 13+ yrs old) _____ = $______Saturday Morning Choctaw elders craft class of beading and storytelling $10 X (number of children) _____ = $______TOTAL FOR CHILDREN’S ACTIVITIES $______PAYMENT INFORMATION

Make check payable to the Oklahoma Bar Association and mail registration form to CLE REGISTRAR, P.O. Box 53036, Oklahoma City, OK 73152. Fax registration form to 405-416-7092. For payment using: VISA Mastercard Discover American Express Total to be charged: $ Credit Card Number: Expiration Date: Authorized Signature: 468 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 469 BAR NEWS

Annual Report of the Professional Responsibility Commission as Compiled by the Office of the General Counsel of the Oklahoma Bar Association January 1, 2016 – December 31, 2016 SCBD No. 6489

INTRODUCTION Holmes, Tulsa. Angela Ailles Bahm served as Chairperson and Tony R. Blasier served as Pursuant to the provisions of Rule 14.1, Rules Vice-Chairperson. Commission members serve Governing Disciplinary Proceedings (RGDP), 5 without compensation but are reimbursed for O.S. 2011, ch. 1, app. 1-A, the following is the actual travel expenses. Annual Report of grievances and complaints received and processed for 2016 by the Profes- RESPONSIBILITIES sional Responsibility Commission and the The Professional Responsibility Commission Office of the General Counsel of the Oklahoma considers and investigates any alleged ground Bar Association. for discipline, or alleged incapacity, of any law- THE PROFESSIONAL RESPONSIBILITY yer called to its attention, or upon its own COMMISSION motion, and takes such action as deemed ap- The Commission is composed of seven per- propriate to effectuate the purposes of the sons — five lawyer and two non-lawyer mem- Rules Governing Disciplinary Proceedings. bers. The attorney members are nominated for Under the supervision of the Professional rotating three-year terms by the President of the Responsibility Commission, the Office of the Association subject to the approval of the Board General Counsel investigates all matters of Governors. The two non-lawyer members are involving alleged misconduct or incapacity of appointed by the Speaker of the Oklahoma any lawyer called to the attention of the Gen- House of Representatives and the President Pro eral Counsel by grievance or otherwise, and Tempore of the , respectively. reports to the Professional Responsibility Com- Terms expire on December 31st at the conclu- mission the results of investigations made by sion of the three-year term. or at the direction of the General Counsel. The Professional Responsibility Commission then Lawyer members serving on the Professional determines the disposition of grievances or Responsibility Commission during 2016 were directs the instituting of a formal complaint for Angela Ailles Bahm, Oklahoma City; William alleged misconduct or personal incapacity of R. Grimm, Tulsa; R. Richard Sitzman, Oklaho- an attorney. The attorneys in the Office of the ma City; Richard Stevens, Norman; and David General Counsel prosecute all proceedings Swank, Norman. Non-lawyer members were under the Rules Governing Disciplinary Pro- Tony R. Blasier, Oklahoma City, and Burt ceedings, supervise the investigative process,

470 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 and represent the Oklahoma Bar Association at DISCIPLINE IMPOSED BY THE all reinstatement proceedings. PROFESSIONAL RESPONSIBILITY COMMISSION VOLUME OF GRIEVANCES 1) Formal Charges. During 2016, the Commis- During 2016, the Office of the General Coun- sion voted the filing of formal disciplinary sel received 255 formal grievances involving charges against 6 lawyers involving 10 griev- 181 attorneys and 1,051 informal grievances ances. In addition, the Commission also involving 742 attorneys. In total, 1,309 griev- oversaw the investigation of 17 Rule 7, ances were received against 923 attorneys. The RGDP matters filed with the Chief Justice of total number of attorneys differs because some the Oklahoma Supreme Court. attorneys received both formal and informal grievances. In addition, the Office handled 275 2) Private Reprimands. Pursuant to Rule 5.3(c), items of general correspondence, which is mail RGDP, the Professional Responsibility Com- not considered to be a grievance against an mission has the authority to impose private attorney.1 reprimands, with the consent of the attorney, in matters of less serious misconduct or if On January 1, 2016, 217 formal grievances mitigating factors reduce the sanction to be were carried over from the previous year. Dur- imposed. During 2016, the Commission is- ing 2016, 255 new formal grievances were sued private reprimands to 18 attorneys opened for investigation. The carryover ac- involving 23 grievances. counted for a total caseload of 472 formal investigations pending throughout 2016. Of those grievances, 233 investigations were completed by the Office of the General Coun- sel and presented for review to the Profes- sional Responsibility Commission. Therefore, 239 investigations were pending on December 31, 2016. The time required for investigating and con- cluding each grievance varies depending on the seriousness and complexity of the allega- tions and the availability of witnesses and documents. The Professional Responsibility Commission requires the Office of the Gen- 3) Letters of Admonition. During 2016, the eral Counsel to report monthly on all infor- Commission issued letters of admonition to mal and formal grievances received and all 29 attorneys involving 33 grievances cau- investigations completed and ready for dis- tioning that the conduct of the attorney was position by the Commission. In addition, the dangerously close to a violation of a disci- Commission receives a monthly statistical plinary rule which the Commission believed report on the pending caseload. The Board of warranted a warning rather than discipline. Governors is advised statistically each month of the actions taken by the Professional Re- sponsibility Commission.

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 471 4) Dismissals. The Commission dismissed 42 grievances due to the resignation of the attorney pending disciplinary proceedings, a continuing lengthy suspension or disbar- ment of the respondent attorney, or due to the attorney being stricken from membership for non-compliance with MCLE requirements or non-payment of membership dues. Further- more, the Commission dismissed one griev- ance due to the death of an attorney and one grievance upon successful completion of a diversion program by the attorney. The SURVEY OF GRIEVANCES remainder were dismissed where the investi- gation did not substantiate the allegations by In order to better inform the Oklahoma clear and convincing evidence. Supreme Court, the bar, and the public of the nature of the grievances received, the numbers 5) Diversion Program. The Commission may of attorneys complained against, and the areas also refer respondent attorneys to the Disci- of attorney misconduct involved, the following pline Diversion Program where remedial information is presented. measures are taken to ensure that any defi- ciency in the representation of a client does Total membership of the Oklahoma Bar Asso- not occur in the future. During 2016, the ciation as of December 31, 2016 was 17,738 Commission referred 38 attorneys to be attorneys. The total number of members in- admitted into the Diversion Program for cludes 11,957 males and 5,781 females. Formal conduct involving 57 grievances. and informal grievances were submitted against 923 attorneys. Therefore, approximately five The Discipline Diversion Program is tailored percent of the attorneys licensed to practice law to the individual circumstances of the partici- in Oklahoma received a grievance in 2016. pating attorney and the misconduct alleged. Oversight of the program is by the OBA Ethics A breakdown of the type of attorney miscon- Counsel with the OBA Management Assistance duct alleged in the 255 formal grievances Program Director involved in programming. opened by the Office of the General Counsel in Program options include: Trust Account School, 2016 is as follows: Professional Responsibility/Ethics School, Neglect 45% Law Office Management Training, Communi- cation and Client Relationship Skills, and Pro- Misrepresentation 17% fessionalism in the Practice of Law class. In Personal Behavior 10% 2016, instructional courses were taught by OBA Ethics Counsel Joe Balkenbush and OBA Trust Account Overdraft 6% Management Assistance Program Director Jim Trust Violations 6% Calloway. Incompetence 5% As a result of the Trust Account Overdraft Conflict 4% Reporting Notifications, the Office of the Gen- Excessive Fee 3% eral Counsel is now able to monitor when attor- neys encounter difficulty with management of Client’s Property 2% their IOLTA accounts. Upon recommendation of Unauthorized Practice of Law 1% the Office of the General Counsel, the Profes- Other 1% sional Responsibility Commission may place those individuals in a tailored program designed Of the 255 formal grievances, the area of to instruct on basic trust accounting procedures. practice is as follows: In 2016, the OBA Management Assistance Pro- Criminal 27% gram expanded its trust account diversion class- es to include instruction and demonstration of Family 18% basic trust accounting software. Litigation 16% Other 13% Estate/Probate 8%

472 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Personal Injury 5% Type of Discipline Imposed Bankruptcy 4% Dismissals Public Disciplinary Commercial 4% Censure Suspension Real Property 2% Number of Administrative 1% Attorneys 12 1 3 Involved Immigration 1% Age of Workers’ Comp 1% Attorney The number of years in practice of the 181 21-29 1 0 0 attorneys receiving formal grievances is as years old follows: 30-49 3 0 1 years old 50-74 8 0 2 years old 75 or more 0 1 0 years old Type of Discipline Imposed Resignation Non-Public Disbarment Pending Disciplinary Disciplinary Suspension Proceedings Number of Attorneys 9 4 9 Involved The largest number of grievances received Age of were against attorneys who have been in prac- Attorney tice for 26 years or more. The age of attorneys involved in the disciplinary system is depicted 21-29 0 0 0 below. years old 30-49 1 0 5 Type of Complaint Filed years old Rule 6 Rule 7 Rule 10 Rule 8 RGDP RGDP RGDP RGDP 50-74 8 3 4 years old Number of 75 or more 0 1 0 Attorneys 6 19 4 9 years old Involved Age of DISCIPLINE IMPOSED BY THE Attorney OKLAHOMA SUPREME COURT 21-29 0 1 0 0 In 2016, 38 disciplinary cases were acted years old upon by the Oklahoma Supreme Court. The Court consolidated one case and the public 30-49 2 7 0 1 sanctions are as follows: years old Disbarment: 50-74 4 10 3 8 Respondent Order Date years old Trenary, Jay Eric 1/26/16 75 or more 0 1 1 0 (Rules 6 and 7, RGDP) years old Leonard, Mitchell Kevin 2/2/16 Smith, Derek Brion 3/1/16

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 473 Sullivan, John Bernard 3/1/16 Knight, (2 Rule 7, RGDP Matters) David W. Rule 7, RGDP 9/12/16 O’Laughlin, Frederick J. 5/24/16 Auer, David Bruce 6/28/16 Powell, Friesen, Larry Douglas 12/28/16 Jace Hill Rule 7, RGDP 9/12/16 Resignations Pending (Tantamount Hampton, Disciplinary Proceedings to disbarment) Brent James Rule 7, RGDP 9/19/16 Proceedings Approved Hutter, by Court: Andrew Respondent Order Date Edward Rule 7, RGDP 9/19/16 Mansfield, Christopher Ivor 1/26/16 Kelly, Ronald Rule 7, RGDP 10/3/16 Farber, S. Richard 2/2/16 Friesen, Callicoat, Fred Bennett 3/9/16 3 Goerke, Kyle Edward 4/26/16 Larry Douglas Rule 7, RGDP 12/6/16 Lewis, George Michael 5/3/16 In addition to the public discipline imposed Redd, Michael K. 5/9/16 in 2016, the Court also issued the following Dickson, Kathryn 6/28/16 non-public sanctions: Morgan, Michael Steven 8/2/16 Boone, Ronald Ray 10/10/16 Disciplinary Suspensions: Respondent Length S. Ct. Disciplinary Suspensions: Order Date Respondent Length Order Date Rule 10 Boone, Confidential Indefinite 10/31/16 Ronald Ray 6 months + 2/9/16 12 month Rule 10 supervision Confidential Indefinite 11/21/16 Mirando, Dismissals: Glenn Martin 2 years + 6/21/16 Respondent Order Date 1 day Rule 10 Confidential 3/29/16 Gaines, Rule 10 Confidential 11/19/16 Shanita D. 2 years + 9/12/16 1 day There were 20 discipline cases filed with the Supreme Court on January 1, 2016. During Public Censure: 2016, 7 new formal complaints, 17 Rule 7 Con- Respondent Order Date victions, and 6 Resignations Pending Disciplin- Oliver, J. Edward 3/29/16 ary Proceedings were filed for a total of 50 cases pending with the Supreme Court during Dismissals: 2016. On December 31, 2016, 12 cases4 remain Respondent Order Date filed and pending before the Oklahoma Su- Arnold, preme Court. Shawn E. Rule 7, RGDP 1/11/16 REINSTATEMENTS Ivy, Joel Paul Rule 7, RGDP 1/26/16 There were three petitions for reinstatement pending before the Professional Responsibility Siegrist, Tribunal and five petitions for reinstatement Kent Leroy Rule 7, RGDP 4/4/16 pending with the Supreme Court as of January Russell, 1, 2016. There were four new petitions for rein- David Alan Rule 7, RGDP 5/24/16 statement filed in 2016. In 2016, the Supreme Court granted eight reinstatements,5 one was Bernhardt, denied by the Court and two were withdrawn William G. Rule 7, RGDP 6/9/162 by the Petitioner. On December 31, 2016, there Smith, were two petitions for reinstatement pending David Douglas Rule 7, RGDP 6/27/16 before the Professional Responsibility Tribunal

474 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 and one petition for reinstatement pending 2) Practice Areas. Allegations of the unau- before the Oklahoma Supreme Court. thorized practice of law encompass various areas of law. In previous years, most unauthor- TRUST ACCOUNT OVERDRAFT ized practice of law complaints involved non- REPORTING lawyers or paralegals handling divorce matters but that trend had declined over the last few The Office of the General Counsel, under the years. However, in 2016, a significant number supervision of the Professional Responsibility of UPL complaints again involved family law. Commission, has implemented the Trust Account Overdraft Reporting requirements of Rule 1.15(j) , Oklahoma Rules of Professional Conduct, 5 O.S. 2011, ch. 1, app. 3-A. Trust Account Overdraft Reporting Agreements are submitted by depository institutions. In 2016, 88 notices of overdraft of a client trust account were received by the Office of the General Counsel. Notification triggers a general inqui- ry to the attorney requesting an explanation and supporting bank documents for the defi- cient account. Based upon the response, an investigation may be commenced. Repeated overdrafts due to negligent accounting prac- tices have resulted in referral to the Discipline Diversion Program for instruction in proper trust accounting procedures. 3) Referral Sources. Requests for investiga- tions of the unauthorized practice of law stem from multiple sources. In 2016, the Office of the General Counsel again received the most com- plaints from the opposing party or opposing counsel to the action in which the respondent was participating.

UNAUTHORIZED PRACTICE OF LAW Rule 5.1(b) , RGDP, authorizes the Office of the General Counsel to investigate allegations of the unauthorized practice of law (UPL) by non-lawyers, suspended lawyers and dis- barred lawyers. Rule 5.5, ORPC, regulates the unauthorized practice of law by lawyers and prohibits lawyers from assisting others in doing so. 1) Requests for Investigation. In 2016, the Office of the General Counsel received 25 com- plaints for investigation of the unauthorized 4) Respondents. For 2016, most requests for practice of law. The Office of the General Coun- investigation into allegations of the unauthor- sel fielded many additional inquiries regarding ized practice of law concern paralegals. A new the unauthorized practice of law that are not category added this year is attorneys assisting reflected in this summary. non-lawyers in the unauthorized practice of law.

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 475 For purposes of this summary, the category member Micheal Salem, Norman. Chairman “paralegal” refers to an individual who adver- Salem has served as Chair for the Clients’ Secu- tises as a paralegal and performs various legal rity Fund Committee since 2006. The Fund tasks for their customers, including legal doc- furnishes a means of reimbursement to clients ument preparation. The “former lawyers” for financial losses occasioned by dishonest category includes lawyers who have been acts of lawyers. It is also intended to protect the disbarred, stricken, resigned their law license reputation of lawyers in general from the con- pending disciplinary proceedings, or other- sequences of dishonest acts of a very few. The wise voluntarily surrendered their license to Board of Governors budgets and appropriates practice law in the State of Oklahoma. The $175,000 each year to the Clients’ Security “suspended lawyers” category includes law- Fund for payment of approved claims. yers who have been suspended but not dis- In years when the approved amount exceeds barred or stricken. the amount available, the amount approved for each claimant will be reduced in proportion on a prorata basis until the total amount paid for all claims in that year is $175,000. In 2016, the Clients’ Security Fund was able to pay 99.5% of the approved claim amount. The Office of the General Counsel provides staff services for the Committee. In 2016, the Office of the General Counsel investigated and presented to the Committee 37 new claims. The Committee approved 25 claims, denied 12 claims, and con- tinued 4 claims into the following year for fur- ther investigation.

5) Enforcement. In 2016, of the 25 cases opened, the Office of the General Counsel took formal action in nine matters. Formal action includes issuing cease and desist letters, initiat- ing formal investigations through the attorney discipline process, referring a case to an appro- priate state and/or federal enforcement agen- CIVIL ACTIONS (NON-DISCIPLINE) cy, or filing the appropriate district court action. INVOLVING THE OBA Eight cases were closed for no finding of unau- thorized practice of law. The remainder of the The Office of the General Counsel represent- cases is still pending. ed the Oklahoma Bar Association in several civil (non-discipline) matters during 2016. All CLIENTS’ SECURITY FUND matters were disposed of and no cases carried forward into 2017. The following is a summary The Clients’ Security Fund was established of all 2016 civil actions against the Oklahoma in 1965 by Court Rules of the Oklahoma Bar Association: Supreme Court. The Fund is administered by the Clients’ Security Fund Committee which is 1) Raemona Sue Perry, individually and as a comprised of 17 members,14 lawyer members Personal Representative of the Estate of Louis and 3 non-lawyers, who are appointed in stag- G. Perry v. Bebe Bridges, Carter County Dis- gered three-year terms by the OBA President trict Court Case No. CJ-2013-164. The OBA with approval from the Board of Governors. In was served with a subpoena commanding 2016, the Committee was chaired by lawyer the appearance of its First Assistant Gen-

476 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 eral Counsel to appear and give testimony ATTORNEY SUPPORT SERVICES regarding a confidential attorney disci- Out-of-State Attorney Registration. In 2016, pline investigation. The former OBA Eth- the Office of the General Counsel processed ics Counsel6 was also subpoenaed to 565 new applications, 468 renewal applications appear and give testimony regarding his and $900 in renewal late fees submitted by out- conversations with the defendant in the of-state attorneys registering to participate in a pending action. The OBA filed a special proceeding before an Oklahoma Court or Tri- appearance and motion to quash on May bunal. Out-of-state attorneys appearing pro 3, 2016 on behalf of its First Assistant Gen- bono to represent criminal indigent defen- eral Counsel. A response was filed and dants, or on behalf of persons who otherwise Judge Balkman summarily denied the would qualify for representation under the OBA’s motion. The OBA General Counsel guidelines of the Legal Services Corporation appeared at trial and re-urged the motion. due to their incomes, may request a waiver of Ultimately, the issue was rendered moot as the application fee from the Oklahoma Bar neither party called the subpoenaed wit- Association. Certificates of Compliance are nesses to testify. issued after confirmation of the application 2) Sara-Elizabeth Ybarra-Johnson [Hernandez] v. information, the applicant’s good standing in State of Arizona, et al., United States District his/her licensing jurisdiction and payment of Court for the District of Arizona., Case No. applicable fees. All obtained and verified infor- 16-CV-332. On June 7, 2016, the Plaintiff mation is submitted to the Oklahoma Court or filed an action against 43 defendants, Tribunal as an exhibit to a “Motion to Admit including the Oklahoma Bar Association Pro Hac Vice.” and “All Licensed Bar Attorneys & Assis- tants.” The OBA was not served with process. On August 10, 2016, the court dismissed the complaint with prejudice for, among other things, failure to com- ply with Rule 8, Federal Rules of Civil Procedure. 3) Bird v. Property Management Service, Inc., Oklahoma County Case No. CJ-2010- 10551. The OBA General Counsel was served a subpoena duces tecum com- manding the production of all records, documents and complaints relating to an attorney. Through discussions with coun- Certificates of Good Standing. In 2016, the sel, the OBA was able to resolve this Office of the General Counsel prepared 1,032 request without judicial intervention. Certificates of Good Standing/Disciplinary History at the request of Oklahoma Bar Asso- 4) Chandler v. Hendryx, Oklahoma Supreme ciation members. There is no fee to the attorney Court Case No. O-115328. The Plaintiff for preparation of same. filed an initial complaint on September 8, 2016. The OBA was not served with pro- cess; however, the Oklahoma Supreme Court Clerk forwarded copies of the fil- ings to the OBA. On October 4, 2016, the Oklahoma Supreme Court treated the Plaintiff’s filing as an application to as- sume original jurisdiction and denied his request per Tweedy v. Oklahoma Bar Associa- tion, 1981 OK 12, 624 P.2d 1049.

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 477 ETHICS AND EDUCATION Organization of Bar Investigators (OBI) , and the America Bar Association (ABA.) During 2016, the General Counsel, Assistant General Counsels and the Professional Respon- RESPECTFULLY SUBMITTED this 1st day of sibility Commission members presented more February, 2017, on behalf of the Professional than 50 hours of continuing legal education Responsibility Commission and the Office of programs to county bar association meetings, the General Counsel of the Oklahoma Bar attorney practice groups, OBA programs, law Association. school classes, and various legal organizations. In these sessions, disciplinary and investiga- tive procedures, case law, and ethical standards within the profession were discussed. These efforts direct lawyers to a better understanding of their ethical requirements and the disciplin- Gina Hendryx, General Counsel ary process, and informs the public of the Oklahoma Bar Association efforts of the Oklahoma Bar Association to regulate the conduct of its members. In addi- 1. The initial submission of a trust account overdraft notification is classified as general correspondence. The classification may change to tion, the General Counsel was a regular con- a formal grievance after investigation. tributor to The Oklahoma Bar Journal. 2. Dismissed after Respondent’s completion of the ordered proba- tionary period The attorneys, investigators, and support 3. Dismissed as moot due to Respondent’s disbarment in SCBD 6333 staff for the General Counsel’s office also 4. Three cases were stayed by the court and are still considered attended continuing education programs in an pending by the Office of the General Counsel: SCBD 6354, Rule 7, RGDP; SCBD 6365, Rule 7, RGDP; and one Rule 10 Confidential matter effort to increase their own skills and training 5. Two of the granted eight reinstatements were conditioned upon in attorney discipline. These included trainings the taking and successful completion of the Oklahoma Bar Examina- tion by the Oklahoma Bar Association (OBA), 6. Travis Pickens, former OBA Ethics Counsel, retained private National Organization of Bar Counsel (NOBC), counsel for representation in this matter.

478 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 BAR NEWS

Professional Responsibility Tribunal Annual Report January 1, 2016 – December 31, 2016 SCBD No. 6490

The Professional Responsibility Tribunal and other reasonable expenses incidental to the (PRT) was established by order of the Supreme performance of their duties. Court of Oklahoma in 1981, under the Rules Governing Disciplinary Proceedings, 5O.S. The lawyer members of the PRT who served 2011, ch. 1, app. 1-A (RGDP). The primary during all or part of 2016 were: Murray E. function of the PRT is to conduct hearings on Abowitz, Oklahoma City; Jeremy J. Beaver, complaints filed against lawyers in formal dis- McAlester; M. Joe Crosthwait, Jr., Midwest ciplinary and personal incapacity proceedings, City; Tom Gruber, Oklahoma City; John B. and on petitions for reinstatement to the prac- Heatly, Oklahoma City; Gerald L. Hilsher, tice of law. A formal disciplinary proceeding is Tulsa; Charles Laster, Shawnee; Susan B. Lov- initiated by written complaint filed with the ing, Edmond; Kelli M. Masters, Oklahoma Chief Justice of the Supreme Court. Petitions City; Mary Quinn-Cooper, Tulsa; Rodney D. for reinstatement are filed with the Clerk of the Ring, Norman; Theodore P. Roberts, Norman; Supreme Court. Michael E. Smith, Oklahoma City; Louis Don Smitherman, Oklahoma City; Neal E. Stauffer, COMPOSITION AND APPOINTMENT Tulsa; Noel K. Tucker, Edmond; and Ken Wil- The PRT is a 21-member panel of Masters, 14 liams, Jr., Tulsa. of whom are lawyers and 7 whom are non- The non-lawyer members who served dur- lawyers. The lawyers on the PRT are active members in good standing of the OBA. Lawyer ing all or part of 2016 were: Steven W. Beebe, members are appointed by the OBA President, Duncan; Curtis Calvin, Oklahoma City; James with the approval of the Board of Governors. W. Chappel, Norman; Christian C. Crawford, Non-lawyer members are appointed by the Stillwater; Linda C. Haneborg, Oklahoma City; Governor of the State of Oklahoma. Each mem- Donald Lehman, Tulsa; and Kirk V. Pittman, ber is appointed to serve a three-year term, and Seiling. limited to two terms. Terms end on June 30th of The annual meeting was held on June 29, the last year of a member’s service. 2016, at the Oklahoma Bar Association offices. Pursuant to Rule 4.2, RGDP, members are Agenda items included a presentation by Gina required to meet annually to address organiza- Hendryx, General Counsel1 of the Oklahoma tional and other matters touching upon the Bar Association, recognition of new members PRT’s purpose and objective. They also elect a and members whose terms had ended, and Chief Master and Vice-Chief Master, both of discussions concerning the work of the PRT. whom serve for a one-year term. PRT members Neal E. Stauffer was elected Chief Master and receive no compensation for their services, but M. Joe Crosthwait, Jr. was elected Vice-Chief they are entitled to be reimbursed for travel Master, each to serve a one-year term.

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 479 GOVERNANCE Except in purely ministerial, scheduling, or procedural matters, Trial Panel members do All proceedings that come before the PRT are not engage in exparte communications with the governed by the RGDP. However, proceedings and the reception of evidence are, by reference, parties. Depending on the complexity of the governed generally by the rules in civil pro- proceeding, the Presiding Master may hold ceedings, except as otherwise provided by the status conferences and issue scheduling orders RGDP. as a means of narrowing the issues and stream- lining the case for trial. Parties may conduct The PRT is authorized to adopt appropriate discovery in the same manner as in civil cases. procedural rules which govern the conduct of the proceedings before it. Such rules include, Hearings are open to the public and all pro- but are not limited to, provisions for requests ceedings before a Trial Panel are stenograph- for disqualification of members of the PRT ically recorded and transcribed. Oaths or assigned to hear a particular proceeding. affirmations may be administered, and sub- poenas may be issued, by the Presiding Mas- ACTION TAKEN AFTER NOTICE ter, or by any officer authorized by law to RECEIVED administer an oath or issue subpoenas. Hear- After notice of the filing of a disciplinary ings, which resemble bench trials, are directed complaint or reinstatement petition is received, by the Presiding Master. the Chief Master (or Vice-Chief Master if the TRIAL PANEL REPORTS Chief Master is unavailable) selects three (3) PRT members (two lawyers and one non-law- After the conclusion of a hearing, the Trial yer) to serve as a Trial Panel. The Chief Master Panel prepares a written report to the Oklaho- designates one of the two lawyer-members to ma Supreme Court. The report includes find- serve as Presiding Master. Two of the three ings of facts on all pertinent issues, conclusions Masters constitute a quorum for purposes of of law, and a recommendation as to the appro- conducting hearings, ruling on and receiving priate measure of discipline to be imposed or, evidence, and rendering findings of fact and in the case of a reinstatement petitioner, wheth- conclusions of law. er it should be granted. In all proceedings, any recommendation is based on a finding that the In disciplinary proceedings, after the respon- complainant or petitioner, as the case may be, dent’s time to answer expires, the complaint has or has not satisfied the “clear and convinc- and the answer, if any, are then lodged with the ing” standard of proof. The Trial Panel report Clerk of the Supreme Court. The complaint further includes a recommendation as to wheth- and all further filings and proceedings with er costs of investigation, the record, and pro- respect to the case then become a matter of ceedings should be imposed on the respondent public record. or petitioner. Also filed in the case are all plead- The Chief Master notifies the respondent or ings, transcript of proceeding, and exhibits petitioner, as the case may be, and General offered at the hearing. Counsel of the appointment and membership Trial Panel reports and recommendations are of a Trial Panel and the time and place for hear- advisory. The Oklahoma Supreme Court has ing. In disciplinary proceedings, a hearing is to exclusive jurisdiction over all disciplinary and be held not less than 30 days nor more than 60 reinstatement matters. It has the constitutional days from date of appointment of the Trial and non-delegable power to regulate both the Panel. Hearings on reinstatement petitions are practice of law and legal practitioners. Accord- to be held not less than 60 days nor more than ingly, the Oklahoma Supreme Court is bound 90 days after the petition has been filed. Exten- by neither the findings nor the recommenda- sions of these periods, however, may be grant- tion of action, as its review of each proceeding ed by the Presiding Master for good cause is de novo. shown. ANNUAL REPORTS After a proceeding is placed in the hands of a Trial Panel, it exercises general supervisory Rule 14.1, RGDP, requires the PRT to report control over all pre-hearing and hearing issues. annually on its activities for the preceding year. Members of a Trial Panel function in the same As a function of its organization, the PRT oper- manner as a court by maintaining their inde- ates from July 1 through June 30. However, pendence and impartiality in all proceedings. annual reports are based on the calendar year.

480 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Therefore, this Annual Report covers the activ- On December 31, 2016, a total of 7 matters, ities of the PRT for the preceding year, 2016. five (5) disciplinary and two (2) reinstatement proceedings, were pending before the PRT. ACTIVITY IN 2016 CONCLUSION At the beginning of the calendar year, five disciplinary and six reinstatement proceedings Members of the PRT demonstrated continued were pending before the PRT as carry-over service to the Bar and the public of this State, as matters from a previous year. Generally, a mat- shown by the substantial time dedicated to each ter is considered “pending” from the time the assigned proceeding, The members’ commit- PRT receives notice of its filing until the Trial ment to the purpose and responsibilities of the Panel report is filed. Certain events reduce or PRT is deserving of the appreciation of the Bar extend the pending status of a proceeding, and all its members, and certainly is appreciated such as the resignation of a respondent or the by this writer. remand of a matter for additional hearing. In Dated this 1st day of February, 2017. matters involving alleged personal incapacity, orders by the Supreme Court of interim sus- PROFESSIONAL pension, or suspension until reinstated, oper- RESPONSIBILITY TRIBUNAL ate to either postpone a hearing on discipline or remove the matter from the PRT docket. In regard to new matters, the PRT received notice of the following: Two (2) Rule 10, RGDP matters; Five (5) Rule 6, RGDP matters; Seven- teen (17) Rule 7, RGDP matters; Six (6) Rule 8, M. Joe Crosthwait, Jr., RGDP matters; and Four (4) Rule 11, RGDP Vice-Chief Master

reinstatement petitions. Trial Panels conducted 1. The General Counsel of the Oklahoma Bar Association custom- a total of Twelve (12) hearings; Ten (10) in dis- arily makes an appearance at the annual meeting for the purpose of ciplinary proceedings and Two (2) in reinstate- welcoming members and to answer any questions of PRT members. Given the independent nature of the PRT, all other business is con- ment proceedings. ducted in the absence of the General Counsel.

Proceeding Pending New Matters Hearings Trial Panel Pending Type Jan. 1, 2016 In 2016 Held 2016 Reports Filed Dec. 31, 2016 Disciplinary 5 30** 10* 9 6 Reinstatement 3 4 2 1 2

* In 2016, ten (10) disciplinary hearings were held over for a total of eighteen (18) days **Inlcudes cases filed but dismissed by Supreme Court prior to PRT involvement

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 481 FROM THE EXECUTIVE DIRECTOR

If You Are Not Scared, You Should Be By John Morris Williams

A friend recently suggested may have been influenced by believe that change will elimi- that I read Thank You for Being this phenomenon. This age of nate some of the work we now Late by Thomas L. Friedman. rapid development and accel- do, and if we do not engage Friedman, a three-time Pulit- eration of knowledge requires and oversee see that change, zer Prize winner who has everyone to experience large someone else will do it for us. written previous works on amounts of change in the way AI, or artificial intelligence, globalization, terrorism and a they do work. Friedman sug- is making advancements in the number of other world events, gests that a number of voters legal world that are more than takes on the subject of acceler- who for various reasons did interesting. Currently, models ation of technology and have been built that predict change in our world. If his legal outcomes with amazing sources are correct and his accuracy. Yes, that is right — conclusions anywhere near Currently, machines can predict out- accurate, if you are not scared, comes. That concept is not so you should be. (artificial foreign if you remember life Friedman, both in word and before everyone had a calcula- graph, demonstrates that we intelligence) tor on their phone. You give a have reached a point where models have been computer enough data and it the amount of new knowledge can give you a result. That is a has surpassed the ability of the built that predict given. Now, you give a com- average person to adjust and puter data and it can then adapt. That is, the acceleration legal outcomes begin to build its own logic of knowledge and technology with amazing models with greater accuracy is moving faster than the than humans. If you are not human capacity to keep up. accuracy. scared, you should be. Lots of things we may not Successful lawyers of today contemplate are happening. and tomorrow have huge chal- For instance, the patent pro- not accept or adjust to the con- lenges in keeping up. They cess is affected in a big way. cept of “lifelong learners,” have even bigger challenges in With this amount of new may have voted their frustra- surviving in a world that not methods and technologies tion at a world accelerating only requires very specific skill expanding rapidly, the patent beyond their capacity to adapt. sets in substantive areas, but process had to change and will also in technological areas to continue to change. At this I have written before on how market, communicate and pro- point we actually have the our organization and profes- vide value. In short, if you are potential for a new product sion is changing. I once heard not utilizing technology in becoming obsolete before the a speaker say, “Lawyers are every area of your practice patent process is completed. 100 percent for progress and from research to billing and 1,000 percent against change.” marketing, you very well may Friedman even suggests that I am not sure those percent- the last presidential election have some real challenges in ages are exact. However, I meeting success.

482 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Lastly, third-party online When I now get in my car, you are not human and if you marketing people are way past my phone tells me where I am are not trying to keep up, I am the average lawyer in know- going and how long to get scared for you. ing how to sell legal products there based on the time of day. to the public. There is so much And it is more than likely information that is tracked off right. Imagine that if a mem- your phone and internet data ber of the public looks up self- that billboards will be de- help relationship books, the signed to change as you ads for divorce services will approach to display something soon follow. If you aren’t To contact Executive Director of interest to you. scared, you should be. If you Williams, email him at aren’t struggling to keep up, [email protected].

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 483 ETHICS & PROFESSIONAL RESPONSIBILITY Complaint and Disciplinary Numbers Similar to Previous Years By Gina Hendryx

In this issue of the Oklahoma year, these two areas of practice gorized as “neglect” complaints Bar Journal, you will find the consistently receive the most followed by 17 percent based 2016 Annual Reports of the complaints. While still discon- upon the misrepresentation or Professional Responsibility certing especially if these are fraud of the attorney and 10 Tribunal (PRT) and the Profes- your two primary areas of prac- percent based upon the person- sional Responsibility Commis- tice, it is understandable given al behavior of an attorney. sion (PRC). These reports the nature of the legal needs In 2016, the Oklahoma reflect the grievances and com- facing a criminal defendant or Supreme Court issued opinions plaints received and processed family law litigant. There are in 38 attorney discipline cases. in 2016 by the Office of the arguably no other areas of law A listing of those matters can General Counsel. be found in the report of the In 2016, the Office of the formal grievances PRC. Furthermore, the PRC General Counsel received 255 received involving issued private reprimands to 18 formal grievances involving 255 181 attorneys attorneys involving 23 griev- 181 attorneys and 1,051 infor- ances and authorized letters of mal grievances involving 742 informal grievances admonition be sent to 29 attor- attorneys. In total, 1,309 griev- involving 742 neys involving 33 grievances. ances were received against 923 attorneys During 2016, the PRC referred attorneys. These numbers were 1,051 38 attorneys to the Discipline LESS THAN Diversion Program for conduct comparable to the number of of Oklahoma attorneys grievances received and pro- received a complaint involving 57 grievances. cessed in 2015. % 6 The Office of the General At the end of 2016, the OBA of grievances were Counsel continues to devote membership was 17,738. The % related to criminal personnel and resources to the total number of members 45 law and family law prosecution of the unauthor- included 11,947 men and 5,781 ized practice of law. The PRC women. Considering the total report outlines the number of membership, less than 6 per- wherein the parties find them- investigations conducted in cent of the licensed attorneys in selves with more at risk albeit 2016 and the areas of alleged the state of Oklahoma received either loss of liberty or risks to unauthorized practice most a complaint in 2016. their family. commonly reviewed. It is always instructive to The primary complaint If you have any questions or review which practice areas of lodged against Oklahoma attor- comments about the report, law receive the most grievances neys continues to be client/file please feel free to contact me. and what types of complaints neglect. Nearly one out of Also, if you would like a paper are routinely lodged against every two grievances filed with copy of either of the reports, we attorneys. It was not surprising the Office of the General Coun- will gladly provide you with to learn that 45 percent of the sel alleges dissatisfaction due to copies. grievances received in 2016 the attorney’s failure to respond Ms. Hendryx is OBA general were in matters relating to to client inquiries or the delay counsel. Contact Ms. Hendryx at criminal law and family law in moving the matter to conclu- [email protected] or 405-416-7007. representations. And, this was sion. In 2016, 45 percent of the not an aberration. Year after grievances received were cate-

484 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association tice Douglas Combs and Vice meeting with Legislative Board of Governors met at the Chief Justice Noma Gurich, Liaison Clay Taylor regarding Oklahoma Bar Center in Oklaho- swearing-in ceremony for various legislative topics. He ma City on Friday, Jan. 20. Washington County Special also interviewed web design REPORT OF THE Judge Jared Sigler and Board companies. of Governors has been party. PRESIDENT REPORT OF THE PAST REPORT OF THE PRESIDENT President Thomas reported VICE PRESIDENT she met with President-Elect Past President Isaacs re- Hays and Executive Director Vice President Castillo ported he presented juror Williams regarding strategic reported she attended the OBA appreciation plaques, posters planning issues that will be Board of Governors Christmas and certificates at courthouses addressed by the committee to party, has been party and in Cleveland, Canadian, Mar- be chaired by Hays, met with swearing in. shall, Bryan and Pittsburg Vice President Castillo regard- counties. He also attended REPORT OF THE ing plans for the 2017 Annual PRESIDENT-ELECT the Legislative Monitoring Meeting, presented CLE to the Committee meeting. Garfield County Bar Associa- President-Elect Hays report- BOARD MEMBER REPORTS tion, conferenced with the ed she attended the OBA Women in Law Committee co- budget presentation to the Governor Coyle reported he chair regarding plans for the Oklahoma Supreme Court, attended the Oklahoma Coun- Women in Law Conference, strategic planning session with ty Bar Association meeting sent numerous invitations to President Thomas and Execu- and Christmas party, Oklaho- appellate judges, past OBA tive Director Williams, Tulsa ma County Criminal Defense presidents and state Capitol County Bar Association Christ- Lawyers Association Christ- leaders to attend the OBA mas party and December OBA mas party and Board of Gov- swearing-in ceremony and Family Law Section monthly ernors swearing in. He also luncheon and submitted the meeting/CLE at which she participated in teaching an January president’s letter to presented the budget report. OBA seminar in December. the Board of Editors for pre- She researched issues for 2017 Governor Gotwals reported publication review. She also and 2018 planning and con- he attended a Tulsa County submitted the names of five sulted with OBA Family Law Bar Foundation meeting, TCBF nominees for the Securities Section leadership regarding Golf Committee January meet- Commission and the names of 2017 planning. ing, Quality Assurance Panel three nominees for the Board January meeting, Board of of Mental Health and Sub- REPORT OF THE EXECUTIVE DIRECTOR Governors has been dinner stance Abuse Services to the and swearing in. Governor board for approval and subse- Executive Director Williams Hicks reported he attended quent appointment of one to reported he attended a strate- the OBA Access to Justice each by Gov. Fallin. She sub- gic planning session with the Committee meeting, Tulsa mitted the names of two OBA president and president-elect, County Bar Foundation meet- members to serve on the Court swearing in of Chief Justice ing and TCBF Golf Committee on the Judiciary to be submit- Combs, staff holiday lunch, meeting. Governor Hutter ted to the board for approval. conference with an association reported she attended the She attended the Oklahoma management vendor, confer- Cleveland County Courthouse Attorneys Mutual Insurance ence with an online CLE ven- holiday lunch, county bar Co. quarterly meeting, swear- dor, Legislative Monitoring association executive meeting, ing-in ceremony for Chief Jus- Committee meetings and a monthly county bar meeting

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 485 and CLE, swearing-in ceremo- BOARD LIAISON REPORT scope representation made by ny for Cleveland County the Access to Justice Commit- Governor Kee reported at Court Clerk Marilyn Williams, tee. Discussion followed. The the Law Schools Committee Cleveland County Bench and board approved publication of visit to the TU College of Law the proposed rule change in Bar meeting, OBA Diversity it was reported the college the Oklahoma Bar Journal Committee meeting by phone lowered its debt. He also said requesting member comment and Board of Governors has the Military Assistance Com- before taking any action. been party and swearing in. mittee reported the OBA Okla- She organized a reception for homa Lawyers for America’s APPOINTMENTS TO Cleveland County Special Heroes program at the end of COURT ON JUDICIARY District Judge Lori Spencer its sixth year has had 712 law- The board approved Presi- Puckett and attended her yers volunteer to help 4,122 heroes by donating $2.8 mil- dent Thomas’ Court on swearing-in ceremony and Judiciary appointments of O. also hosted an officer training lion in billable hours. Gover- nor Hutter reported the Diver- Chris Meyers of Lawton to the meeting for the new Cleveland Appellate Division and Wm. County Bar Association web- sity Committee is working on its plans for the year that will Brad Heckenkemper of Tulsa site. Governor Kee reported to the Trial Division. Both he attended the Civil Proce- include a survey, scholarship and law school entrance prep- terms will end March 1, 2019. dure and Evidence Code Com- aration event at the three law BOARD OF MENTAL mittee meeting and Board of schools. Governor Tucker HEALTH AND SUBSTANCE Governors swearing in. Gov- reported the Law Day Com- ABUSE SERVICES ernor Porter reported she mittee will soon be judging its NOMINEES attended the funeral for Judge contest entries and is continu- John Jacobsen, Board of Gov- ing to develop TV show seg- President Thomas reported ernors has been dinner and ments. The date for the state- she has submitted the names swearing in. Governor Tucker wide Law Day Ask A Lawyer of Jeanne Meacham Snider, reported he attended the free legal advice and TV show Norman; Joel L. Carson, Okla- board’s Christmas party, Mus- will be confirmed soon. Gover- homa City; and O. Clifton kogee County Bar Association nor Hutter mentioned the Leg- Gooding, Oklahoma City, to Gov. Mary Fallin for her selec- Christmas party, Law Day islative Monitoring Committee tion of one appointment to the Committee meeting, 2017 leg- will be changing up its format Board of Mental Health and islative session discussion for OBA Legislative Reading Day to be held Jan. 28. Substance Abuse Services. The with House Speaker McCall term will end Dec. 31, 2024. and Board of Governors REPORT OF THE swearing in. Governor Weedn GENERAL COUNSEL UNIFORM LAW attended the Board of Gover- COMMISSION NOMINEES General Counsel Hendryx nors swearing in. Governor reported the OBA is not Action was tabled on the Will attended the Board of involved in any litigation, and submission of nominees to the Governors Christmas party the office is in the process of Uniform Law Commission for and swearing in. preparing its annual report. A appointment by Gov. Fallin REPORT OF THE YOUNG written report of Professional until a third candidate is recruited. LAWYERS DIVISION Responsibility Commission actions and OBA disciplinary SECURITIES COMMITTEE Governor Neal reported the matters for December was NOMINEES YLD orientation, first meeting submitted to the board for its of the year and roast for past review. President Thomas reported she has submitted the names YLD Chair Bryon Will were PROPOSED RULE ON of Robert W. Dace, Oklahoma all planned, but had to be LIMITED SCOPE rescheduled due to inclement REPRESENTATION City; William R. Grimm, Tulsa; weather and the safety of Jim Roth, Oklahoma City; Paul board members who travel Management Assistance Foster, Norman; and P. David Newsome Jr., Tulsa, to Gov. from across the state. Program Director Calloway reviewed the recommendation Fallin for her selection of one for a new court rule on limited appointment to the Securities

486 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Committee. The term will end ries and 3) issues of an aging NEXT MEETING July 1, 2023. profession. The Board of Governors met STRATEGIC PLANNING LEGISLATIVE Feb. 17 at the Oklahoma Bar COMMITTEE MEETING MONITORING Center in Oklahoma City. A COMMITTEE summary of those actions will President-Elect Hays report- be published after the minutes ed the first Strategic Planning Executive Director Williams are approved. The next board Committee meeting is tenta- reviewed the activities meeting will be at 5 p.m. Mon- tively set for Feb. 16. She plans planned and the new, day, March 20, at the Oklaho- to appoint subcommittees on improved format for OBA ma Bar Center in Oklahoma 1) Oklahoma Bar Journal court Legislative Reading Day to City. issues, 2) membership catego- be held on Saturday, Jan. 28.

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Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 487 BAR FOUNDATION NEWS

Grantee Spotlight: Oklahoma County Juvenile Bureau’s Literacy Initiative By Candice Jones

Imagine for just a moment “I have been in probation and According to the National that you cannot read or write. parole for 10 years,” said Offi- Assessment of Adult Literacy, a At this very instant you would cer Thomas. “I have seen the survey conducted in 2003 by not be able to comprehend the repercussions our youth face the National Center for Educa- words in this article. Think when they have a lack of an tion Statistics found that 85 per- about how it would change education. I felt we could do cent of youth who interface your life, your opportunities for more for our youth by becom- with the juvenile court system higher education, your career, ing a resource for their educa- are functionally illiterate. This your goals, your well-being, tional growth. This is a way for means they cannot read at more your sense of accomplishment us to rebrand the way the com- than a basic level. The survey and even your self-esteem! munity views the bureau. also indicated that 14 percent of Instead of them seeing us as Americans age 16 or older For many juveniles across our country and in our state, illiter- acy is a common problem. They go to school every day unable to read and the problem does not stop there. Illiteracy and crime are closely related. In fact, the Department of Justice reports, “The link expands past incarceration rates, finding that illiteracy contributes to aca- demic failure, delinquency, Volunteer tutors from UCO, from left, Rajiv Arumai Thurai, Juri Williams, Natalie violence, and overall crime.” Durao, Dr. Burle Steelman and Donna Powell At the Oklahoma County Juvenile Bureau (OCJB), Proba- people who only incarcerate could not comprehend a news- tion Officer Jason Thomas and their kids or take their kids, it is paper article, read a prescrip- Chief of Court Services J’me my hope that there will be fam- tion label or complete a job Overstreet said the organiza- ilies who see us as the ones application. tion began to see the link who gave their children the The mission of the OCJB is to between illiteracy and the juve- help they needed to become implement and maintain a niles they work with. Officer stronger readers and more con- seamless system that provides Thomas, who was instrumental fident students. The gift of accountability and responsibili- in getting the literacy program reading can be given to genera- ty for its clients and their fami- off the ground, said illiteracy is tion after generation. One of lies while protecting the public. one of the main reasons these my favorite quotes is from They launched the literacy ini- youth get in trouble at school. Fredrick Douglass, ‘It is easier tiative in July of 2016. At that They act out in class to get sus- to raise strong children than to time, it was determined that at pended thus saving them the repair broken men.’ To me that least 68 percent of youth on embarrassment of their peers sums it all up. Let’s do this on probation were reading two or realizing the truth. the front end rather than on the more reading levels below their back!” current grade level.

488 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 OCJB began with a pilot pro- the single most important thing Donate Ties gram which consisted of a we can do. It literally can Donate a tie to the Charles 10-week session, three students change their life.” Thomas Tie Project named in and two volunteer tutors. The The Oklahoma Bar Founda- honor of Officer Jason Thomas’ results confirmed the hopes of tion (OBF) funded the OCJB’s father, a well-known coach, the organization. One student grant request for $3,000 in full mentor and community figure. increased his reading from a last year. The funds pay for When Mr. Thomas Sr. passed first-grade level to a fourth- materials and workbooks the away, Officer Thomas made use grade level in 10 sessions held students use in tutored ses- of the ties he inherited from his once a week with tutors. The sions. The OBF is excited to dad by teaching a group of his second session began in Octo- fund the literacy initiative as it clients how to tie them, speak- ber 2016 with sessions held is a much needed program to ing to them about professional twice a week. This group help our youth. image and gifting them with included 15 youth and seven ties. The concept was so well volunteer tutors from the Uni- HOW TO GET INVOLVED received that even a few years versity of Central Oklahoma. Tutor later, Officer Thomas continues All students in this group have to conduct the program using made improvements in their OCJB needs volunteer tutors donated ties. reading, spelling and compre- and has a partnership with the hension according to the Opportunities Industrialization OCJB’s end-of-year literacy ini- Center of Oklahoma County tiative results. The third session that provides the training for began in January. volunteer tutors. An online course for professionals wishing to volunteer their time is now available. Please contact Erin McConnell at 405-713-6423 for more information on tutoring. Donate Clothes Donate professional clothing to the OCJB. The goal of the Officer Thomas holds a donated tie Clothing Closet is to provide assistance to youth who face Donations Dr. Steelman tutoring a student barriers because they lack clean and presentable attire. The Drop off at the Oklahoma Clothing Closet empowers Ms. Overstreet said, the kids County Juvenile Bureau these youth by teaching them they work with have many 5905 N. Classen Court acceptable ways to dress and problems and the bureau knew Monday – Friday enables them to go to school, they couldn’t address all the 8 a.m. – 5 p.m. interview for a job or attend a issues, so they sat down to dis- court hearing with confidence. To arrange a pick up, cuss options and focused on The following items are accept- call J’me Overstreet at providing the best solution to ed at the Clothing Closet: 405-713-6400 yield the best results. The gift of literacy was the most prom- For males: pants, slacks, belts, ising for future success. collared shirts, ties and dress About The Author shoes. “Literacy turns the light on in a dark room, and the youth can For females: pants, slacks, Candice Jones see hope for a future they never dresses, skirts, blouses and is director of thought was possible for some- dress shoes. development and one like themselves,” said Ms. communications Overstreet. “Providing these for the Oklahoma youth an opportunity to read Bar Foundation. and write at a literate level is

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 489 Send form to P.O. Box 53036, Oklahoma City, OK 73152

490 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 YOUNG LAWYERS DIVISION

February Activities a Great Success By Lane R. Neal

February was a busy month for the YLD! In early February, the YLD sent a delegation to the ABA YLD Midyear Meeting in Miami. The meeting provided a great opportunity to learn what other young lawyers divisions are up to in other states and cultivate new rela- tionships with young lawyers across the country. Oklahoma was well represented at the meeting. We were also active participants in helping shape several of the agenda items for the ABA YLD. On Feb. 18, the YLD held its From left: Brad Brown, YLD Past Chair Bryon Will, Brandi Nowakowski and YLD orientation and first board Chair Lane Neal attend the ABA YLD Midyear Meeting in Miami. meeting of the year. Both were well attended. It was great to gave words of encouragement see some of our “old” young to the test takers in addition to lawyers along with the fresh providing everyone with a faces of our new board mem- BESK. A special thanks to our bers. Following the meeting, One thing I really New Attorney Orientation the YLD assembled the Bar appreciate about the Committee Co-Chairs Brittany Exam Survival Kits (BESKs). Byers and Melanie Christians. This has been a project of the YLD and its members This is the first year as com- YLD for many years and one mittee chair for both of them we will continue well into the is their flexibility to and they did a great job. future. We had great participa- go where they are One thing I really appreciate tion by the board in getting the about the YLD and its mem- BESKs assembled and boxed needed. bers is their flexibility to go up for the exam takers in Okla- where they are needed. April homa City and Tulsa. Once all Moaning, board member and of the work was done, the On Feb. 21, YLD board mem- Diversity Committee chair, board held an informal mem- was recently contacted by Carl bership event in midtown bers were at the bar exam test sites in both Oklahoma City Albert High School about par- Oklahoma City for our return- ticipating in a career fair for ing board members and new and Tulsa to welcome the exam takers to the first morn- students. Of course, she agreed board members to get better to participate. She was also acquainted. ing of the test. Board members

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 491 able to recruit the assistance of another board member, Dylan Erwin, to help represent the YLD at the career fair. They took copies of the U.S. Consti- tution and the OBA Young Adult Guide to hand out to students. They reported the career fair was a great success, and they answered numerous questions from students about the practice of law. The stu- dents seemed to appreciate the approachability of young law- yers in an informal setting. I am so glad the YLD was able to participate. As we have board members across the state, I am hopeful our partici- pation in high school career programs can increase over the next year. April Moaning and Dylan Erwin volunteer at the Carl Albert High School career YLD MIDYEAR MEETING fair. On a totally different subject, About The Author the OBA is finalizing plans for be programs and networking Lane R. Neal prac- the Solo & Small Firm Confer- opportunities specifically ence that will take place June tices in Oklahoma designed for young lawyers. It City and serves 22-24 at the Choctaw Casino is a great way to improve your Resort in Durant. The confer- as the YLD chair- practice, network and relax a person. He may ence also serves as the YLD little. I hope to see you there! Midyear Meeting. There will be contacted at [email protected]. Keep up with the YLD at www.facebook.com/obayld.

492 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 CALENDAR OF EVENTS

March

15 OBA Family Law Section meeting; 11:30 a.m.; 22 OBA Financial Institutions and Commercial Oklahoma Bar Center, Oklahoma City with BlueJeans; Law Section meeting; 12 p.m.; Oklahoma Bar Contact Allyson Dow 405-496-5768 Center, Oklahoma City with BlueJeans; Contact Miles T. Pringle 405-848-4810 OBA Indian Law Section meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with tele- 23 OBA Professionalism Committee meeting; conference; Contact Chris Tytanic 405-406-1394 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Patricia Podolec 16 OBA Diversity Committee meeting; 12 p.m.; 405-760-3358 Oklahoma Bar Center, Oklahoma City with tele- conference; Contact Tiece Imani Dempsey 24 OBA Professional Responsibility Commission 405-609-5406 meeting; 9:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Gina Hendryx 405-416-7007 OBA Awards Committee meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City with BlueJeans; Contact Jennifer Castillo 405-553-3103 April

27 OBA Appellate Practice Section meeting; 11 a.m.; Oklahoma Bar Center, Oklahoma City with videoconference; Contact Michael L. Brooks 405-840-1066 4 OBA Government and Administrative Law Section meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact David A. Miley 405-521-2639 20 OBA Board of Governors meeting; 5 p.m.; 6 OBA Bar Association Technology Committee Oklahoma City; Contact John Morris Williams meeting: 12 p.m.; Oklahoma Bar Center, Oklahoma 405-416-7000 City with BlueJeans; Contact Aaron M. Arnall 405-733-1683 21 OBA Day at the Capitol; 9:30 a.m.; Oklahoma Bar Center, Oklahoma City; RSVP to Debbie Brink; OBA Lawyers Helping Lawyers Discussion 405-416-7014 Group; Office of Tom Cummings, 701 NW 13th St., Oklahoma City, OK 73012; RSVP to Lori King OBA Bench and Bar Committee meeting; 405-840-3033 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact 7 OBA Environmental Law Section meeting; David Swank 405-325-5254 or Judge David B. Lewis 11 a.m.; Oklahoma Bar Center, Oklahoma City; 405-556-9611 Contact Robert D. Singletary 405-530-8803

OBA Work/Life Balance Committee meeting; OBA Alternative Dispute Resolution Section 2 p.m.; Oklahoma Bar Center, Oklahoma City with meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma BlueJeans; Contact John W. Kinslow 580-353-8308 City with videoconference; Contact Larry B. Lipe OBA Solo and Small Firm Conference Planning 918-586-8512 Committee meeting; 4 p.m.; Oklahoma Bar Center, 12 OBA Women in Law Committee meeting; Oklahoma City with teleconference; Contact Melissa 3:30 p.m.; Oklahoma Bar Center, Oklahoma City with DeLacerda 405-624-8383 or Stephen D. Beam videoconference; Contact Deb Reheard 918-689-9281 580-772-2900 or Cathy Christensen 405-752-5565

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 493 FOR YOUR INFORMATION

William G. Paul Awarded American Bar Association Lifetime Achievement Award William G. Paul was honored with the Pace/ Alexander Award for Lifetime Achievement Feb. 3 during the ABA Midyear Meeting in Miami. This award is presented annually by the ABA Council for Racial and Ethnic Diversity in the Educational Pipeline and recognizes an outstanding legal profes- sional who has championed significant work to increase the number of racial and ethnic minority students entering a track to become members of the legal profession.

While serving as the ABA president in 1999-2000, From left: Kim Hays, William Paul and Linda Thomas Mr. Paul founded the ABA Legal Opportunity Scholarship. He and his wife, Barbara, made an ini- tial contribution of $50,000 to launch the scholarships and his firm, Crowe & Dunlevy, matched the $50,000 contribution. To date, 340 racial and ethnic minority ABA scholars have benefited from the financial assistance afforded them by the ABA to further their legal careers. In addition to serving as the ABA president, Mr. Paul has also served as the president of the American Bar Endowment, Oklahoma and Oklahoma County bar associations and the National Conference of Bar Presidents. He was inducted into the Oklahoma Hall of Fame in 2003.

Judge Terence C. Kern Inducted Into the OSU Hall of Fame Federal Judge Terence C. Kern was inducted into the OSU Hall of Fame Feb. 10 at the ConocoPhillips OSU Alumni Center in Stillwater. He was inducted along with Rhonda Hooper, Dr. Barry Pollard and James “Jim” Vallion. Judge Kern graduated from OSU in 1966 with a degree in business. He went on to earn his J.D. from the OU College of Law in 1969 and later received a LL.M. from the University of Virginia School of Law. He began his career as a general attorney with the Federal Trade Commission in Washington, D.C. He From left: OSU Alumni Association President and CEO Chris Batchelder, later returned to Oklahoma and OSU Alumni Association Board of Directors President Phil Kennedy, Judge Terrence C. Kern and OSU President Burns Hargis. entered into private practice and Photo courtesy of George Bulard. eventually started his own firm. In 1994, he was appointed to the federal bench and served as chief judge of the Northern District of Oklahoma from 1996-2003. He has served as a member of the Judicial Conference of the U.S. Committee on Security and Facilities, the Judicial Conference of the U.S. Committee on Space and Facilities and the 10th Circuit Judicial Council. Judge Kern continues to serve as a senior judge and has conducted more than 200 civil and criminal trials. He is the first OSU graduate to serve as a United States District Judge.

494 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 OBA Member Resignations LHL Discussion Group Hosts April Meeting The following members have resigned as members of the association and notice is hereby given of such resignation: Jason Edward Barnes Ronald Dean Mosburg OBA No. 22483 OBA No. 17108 118 N. Water Street 15814 S. 273rd East Ave. Liberty, MO 64068 Coweta, OK 74429 Suzanne Bass Eric Lam Nguyen OBA No. 10274 OBA No. 31671 3100 Monticello Ave., 8614 Sunset Pond Dr. Suite 550 Tomball, TX 77375 Dallas, TX 75205 Richard A. Paschal Caroline B. Benediktson OBA No. 6927 “Dealing With Problem Clients” will OBA No. 695 7416 E. 68th Place be the topic of the Lawyers Helping 636 Daley Street, No. 8 Tulsa, OK 74133 Lawyers monthly discussion group on Edmonds, WA 98020 April 6. Each meeting, always the first Marjorie Ann Revah Thursday of the month, is facilitated Ryan Andrew Botkin OBA No. 11972 by committee members and a licensed OBA No. 20433 1530 Kennabrooke Ct. mental health professional. The group 1803 West Avenue St. Louis, MO 63146 meets from 6 to 7:30 p.m. at the office Austin, TX 78701 James Steven Rogers of Tom Cummings, 701 N.W. 13th St. Oklahoma City. There is no cost to Susan Dickerson Cox OBA No. 7720 attend and snacks will be provided. OBA No. 2346 6233 162nd Place, S.E. RSVPs to Lori King, loriking@cabainc. 3963 Peregrine Point Bellevue, WA 98006 com, are encouraged to ensure there is Celina, TX 75009 Jeffrey Pat Rossander food for all. Jane Engel Gallagher OBA No. 10120 OBA No. 3211 P.O. Box 794 Connect With the OBA Through P.O. Box 10310 Stillwater, OK 74076 Social Media Rockville, MD 20849 David Michael Shear Have you checked out the OBA J. Fred Gist OBA No. 14168 Facebook page? It’s a great way to get OBA No. 3390 31 Ocean View Rd. updates and information about 3644 Infinity Run Swampscott, MA 01907 upcoming events and the Oklahoma The Villages, FL 32163 Alison Elizabeth Spurlock legal community. Like our page at Gregory S. Herzog OBA No. 31272 www.facebook.com/Oklahom- OBA No. 4149 642 S. Columbus St. aBarAssociation and be sure to follow 922 Gardenia Drive Alexandria, VA 22314 @OklahomaBar on Twitter. Houston, TX 77018 Gregory N. Hope OBA No. 22415 299 Herrick Road Riverside, IL 60546

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, trans- forming or intriguing. Poetry is an option too. Send submissions of about 500 words to OBA Communications Director Carol Manning, [email protected].

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 495 BENCH & BAR BRIEFS

vice president growth; Dale Cottingham, secretary; Scott Rowland, member; and Rob Robertson, member.

eremy Mouton has been Jappointed to serve as the new property and finance rae Gray of Coalgate will practice group leader of the Tbe a speaker at the Real- Houston-based firm Porter tors Land Institute National Hedges. He is a partner in Land Conference in Charlotte, the energy section and focus- North Carolina. He is the es on advising oil and gas ndrew M. Bowman has founder of LandownerFirm. companies. Abeen named shareholder com and NaturalResources of the Oklahoma City law Mediator.com. hannon Edwards, 10th firm Foliart, Huff, Ottaway Circuit representative on How to place an announce- S & Bottom. He practices the American Bar Associa- ment: The Oklahoma Bar Journal commercial litigation, in- welcomes short articles or tion’s Standing Committee on surance law and general news items about OBA mem- the Federal Judiciary, will be civil litigation. bers and upcoming meetings. the lead member evaluator If you are an OBA member and of Supreme Court nominee ordan Jackson has joined you’ve moved, become a part- Judge Neil Gorsuch. Ms. Jthe Oklahoma City offices ner, hired an associate, taken Edwards was appointed to of Spencer Fane. He will join on a partner, received a promo- the standing committee in the firm’s litigation team. tion or an award, or given a October 2015. talk or speech with statewide hillip McCallum has been or national stature, we’d like enry Hoss of Oklahoma Pnamed as the Alabama to hear from you. Sections, HCity was elected as the State Bar’s executive director. committees, and county bar newest member of the McAfee He is a past president of the associations are encouraged & Taft Board of Directors. He Alabama State Bar. to submit short stories about practices construction and upcoming or recent activities. en Wheatley has been commercial litigation. Honors bestowed by other Bnamed managing share- publications (e.g., Super Law- ike Voorhees has been holder of Munsch Hardt yers, Best Lawyers, etc.) will not Mconfirmed for a second Kopf & Harr in the firm’s be accepted as announcements. consecutive term as vice chair Austin, Texas, office. In this (Oklahoma-based publications of the Board of Directors for role, he will also serve as a are the exception.) Information the Oklahoma Foundation for member of the firm’s Man- selected for publication is Medical Quality. He is a agement Committee. printed at no cost, subject to member of the Oklahoma editing, and printed as space gletree, Deakins, Nash, City law firm Voorhees Voor- permits. Smoak & Stewart PC has hees & Byers. O opened an office in Oklahoma Submit news items via email to: Lacey Plaudis ableGotwals has City. The firm’s shareholders Communications Dept. Gannounced the firm’s are Sam Fulkerson and Vic Oklahoma Bar Association 2017 officers and directors. Albert. Mr. Fulkerson practic- 405-416-7017 David Keglovits, chair and es employment law. Mr. [email protected] CEO; Sid Swinson, president; Albert practices labor and Amy Stipe, vice president employment litigation. Articles for the May 20 issue finance; John Dale, vice presi- must be received by April 21. dent talent; Terry Ragsdale,

496 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 IN MEMORIAM

ewis Bebout Ambler of deacon, elder, Sunday school tions in the Church of Jesus LBartlesville died Nov. 5, teacher and legal adviser. Christ of Latter-day Saints. 2016. He was born Oct. 31, Memorial donations may be al Ray Miller of Oklaho- 1935, in Kansas City, Missouri. made to the Alzheimer’s ma City died Jan. 16. He He received his undergradu- Association. V ate degree in 1956 from Wash- was born Sept. 9, 1922, in ack Hugh Herndon ington University in St. Louis of Mid- Duncan and graduated from and his J.D. from the Wash- Jwest City died Jan. 27. He Duncan High School in 1940. Mr. Miller enlisted in the ington University School of was born Aug. 10, 1926, in Army Air Corps and was Law in 1959. Upon gradua- Little Rock, Arkansas. He assigned to the 765 Bomb tion, he joined The Missouri attended OU in 1943 before nlisting in the U.S. Army to Squadron of the 461st Bomb- Bar and accepted a position e serve in Europe with the 95th er Group with Phillips Petroleum Co. . Upon his return, he Infantry during World War The next spring he took and earned his J.D. from the OU II passed the Oklahoma bar . In 1957, after graduating College of Law. He started a exam. In December 1960, he the from the OU College of law practice in Duncan and accepted a position as assis- Law he passed the bar and served two terms in the tant district attorney in Wash- started his law practice on Air House of Representatives for ington County. After serving Depot Blvd., where he Stephens County. He then in that position for two years, remained in practice for 60 moved to Oklahoma City to he was elected as county years. During his early years work for Crowe & Dunlevy. attorney. He later served sev- in Midwest City, he was He loved OU football and eral years in a part-time appointed justice of the peace wrestling. and happily presided over capacity as first assistant dis- illy Ray Perceful of Pote- hundreds of wedding ceremo- trict attorney. Mr. Ambler also au died Jan. 17 in Fort nies until the end of his com- B developed and maintained a Smith, Arkansas. He was born mission in 1968. He also private law practice with March 8, 1956, in Troy, Ohio. served as city attorney. He James L. Sontag. He coached He graduated from Carl was an avid fisherman, bowl- many of his children’s little Albert State College in 1976 er, pilot, card shark, hunter league teams and was instru- with an Associate of Science and outdoorsman. Mr. Hern- mental in forming Blazer degree, OCU in 1979 with a don was also a passionate OU Sports. Bachelor of Arts and in 1982 football fan. alter D. Felzke of Tulsa he received his J.D. from the ohn McClellan Jacobsen Wdied Jan. 26. He was of University of Arkansas School born in Leavenworth, Kansas. JVernal, Utah, died Dec. 25, of Law. He was licensed to After his graduation from 2016, in Edmond. He attended practice law in all Oklahoma Leavenworth High School, he Uintah High and graduated state courts and administra- served in the U.S. Air Force from Brigham Young Univer- tive agencies, Oklahoma Fed- for three years during World sity. In 1986, he received his eral Court, Arkansas Federal War II in First Radio Squad- J.D. from the OCU School of Court and the U.S. 10th Cir- ron, Mobile, a part of the Law. In 1988, he was hired by cuit Court of Appeals. He was Fifth Air Force. After WWII, the Oklahoma County District president of Port City Opti- he graduated with his bache- Attorney’s Office as an assis- mist Club in 1997. tant district attorney to work lor’s degree from Kansas State atthew Wofford died in the civil division. He was University and earned his J.D. Nov. 7, 2016. He was later promoted to first assis- M from the TU College of Law. born Nov. 12, 1960, in St. tant district attorney. From He was baptized on Jan. 26, Louis. He is a 1985 graduate 2001 to 2006, Mr. Jacobsen 1964, at Southminster Presby- of the Northeastern State Uni- was first assistant for former terian Church. He became a versity College of Optometry Oklahoma County District member of John Calvin Pres- and a 1995 graduate of the TU Attorney Wes Lane. He was byterian Church and served College of Law. In 1985, he an assistant county attorney in many capacities, including entered into private practice at his passing. He held posi-

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 497 in Broken Arrow. Shortly es at the TU College of Law. his death. He enjoyed baseball thereafter he joined the Triad In 1995, he entered back into and coached his sons’ teams Eye Institute as head of the private practice and joined the taking them to the Little Optometry Department from Eye Mart of Tulsa group. He League World Series playoffs 1986 to 1995. During those maintained his Oklahoma Bar in New Mexico and Colorado. years, he attended night class- Association membership until

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498 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 WHAT’S ONLINE

Four Ways to Get Spring Break Work Done Efficiently in Oklahoma Working late from time to time is unavoidable, Dreaming of fun things to do over Spring Break but there are ways you can structure your day that that won’t break the bank? Here are several unique allow you to manage distractions and get impor- attractions across Oklahoma that are easy on the tant work done early. Here are four ways to get budget. your work done efficiently and effectively while Goo.gl/CVzWpF maintaining a balanced schedule. Goo.gl/cD6hP2

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Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 499 CLASSIFIED ADS

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NW OKC OFFICE SPACE AVAILABLE ON N. CLAS- OF COUNSEL LEGAL RESOURCES — SINCE 1992 — SEN BLVD. Ideal location for sole practitioner. Two of- Exclusive research & writing. Highest quality: trial and fices available, one with secretarial area. Furnished re- appellate, state and federal, admitted and practiced ception area, conference room and kitchenette. Contact U.S. Supreme Court. Over 20 published opinions with Stacy at 405-528-0047. numerous reversals on certiorari. MaryGaye LeBoeuf 405-728-9925, [email protected]. MIDTOWN TULSA LAW OFFICE – 1861 E. 15th. Utica Square district. Receptionist, copier, phone, fax, wire- INTERESTED IN PURCHASING PRODUCING & less internet, alarm system, conference room, signage, NONPRODUCING Minerals; ORRI; O & G Interests. kitchen. Ample parking. Virtual office leases also avail- Please contact: Patrick Cowan, CPL, CSW Corporation, able. Contact Terrie at 918-747-4600. P.O. Box 21655, Oklahoma City, OK 73156-1655; 405- 755-7200; Fax 405-755-5555; email: [email protected]. MIDTOWN/UPTOWN OFFICE WITH PARKING LOT. Approximately 1,000 sf. Separate entrance in- Appeals and litigation support cludes two offices, waiting area and bathroom. Shared Expert research and writing by a veteran generalist kitchen with other building tenant. Option for signage who thrives on variety. Virtually any subject or any on door. $1500 per month. 405-204-3273 or heritage type of project, large or small. NANCY K. ANDER- [email protected]. SON, 405-682-9554, [email protected]. OFFICE SPACE FOR LEASE: Space located at 222 NW Creative. Clear. Concise. 13th Street, OKC (NW 13th & N. Harvey), just one (1) mile from Oklahoma County Courthouse. Includes BRIEF WRITING, APPEALS, RESEARCH AND DIS- kitchen, conference room and free parking. For addi- COVERY SUPPORT. Eighteen years experience in civil tional information, please contact Robert Goldman litigation. Backed by established firm. Neil D. Van Dal- 405-524-3403. sem, Taylor, Ryan, Minton, Van Dalsem & Williams PC, 918-749-5566, [email protected]. POSITIONS AVAILABLE

HANDWRITING IDENTIFICATION THE OKLAHOMA BAR ASSOCIATION HEROES pro- POLYGRAPH EXAMINATION gram is looking for several volunteer attorneys. The Board Certified Court Qualified need for FAMILY LAW ATTORNEYS is critical, but at- Diplomate — ABFE Former OSBI Agent torneys from all practice areas are needed. All ages, all counties. Gain invaluable experience, or mentor a Life Fellow — ACFEI FBI National Academy young attorney, while helping someone in need. For Arthur D. Linville 405-736-1925 more information or to sign up, contact Gisele Perry- man, 405-416-7086 or [email protected]. MEDICAL MALPRACTICE CASE REVIEW: Board certified pediatrician and member of the Oklahoma DOWNTOWN OKLAHOMA LAW FIRM WITH FIVE Bar Association. Available to review any issues in- ATTORNEYS seeking of counsel attorney and/or office volving neonates, children and adolescents. William sharing arrangement. Attorney(s) must have some ex- P. Simmons, M.D., J.D. 850-877-1162 wsimmons@ isting clients to join office and share expenses. Some northfloridapeds.com. referrals could be available. Telephone, internet, recep- tionist, conference room, access to kitchen, access to printer/copier/fax/scanner on system network. If in- Round-Trip Long-Distance Rides terested, please contact us at “Box A,” Oklahoma Bar Reliable driver with a business-friendly vehicle. Association, P.O. Box 53036, Oklahoma City, OK 73152. Travel all over in Oklahoma and other cities, like Dallas and Wichita. First Five Round-Trips DOWNTOWN TULSA FIRM SEEKS ASSOCIATE. AV- to Dallas - $250. Taylor Jackson, 405-570-1200, rated downtown Tulsa law firm seeks associate with andbackrides.com, [email protected]. 0-3 years’ experience. The firm has an established civil rights practice. In addition, the firm also has a diverse WTP ant o urchase Minerals AND OTHER OIL/ plaintiff practice. Ideal candidates will thrive in a fast- GAS INTERESTS. Send details to: P.O. Box 13557, Den- paced office environment and be prepared to hit the ver, CO 80201. ground running. Experience in litigation as well as re- search and writing is preferred. Compensation is com- mensurate with experience. Submit cover letter and resume to [email protected].

500 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 POSITIONS AVAILABLE POSITIONS AVAILABLE

HARRISON & MECKLENBURG INC., A WELL- DOWNTOWN OKLAHOMA CITY PERSONAL INJU- ESTABLISHED AV RATED FIRM, IS LOOKING FOR RY FIRM SEEKS AN ASSOCIATE with minimum 3 to 5 AN ASSOCIATE with a strong academic background years’ experience in general civil litigation. Individual and preferably 2-5 years’ experience in real estate and must be able to draft pleadings, prepare discovery re- title examinations for its Kingfisher office. Please visit sponses and handle scheduling. Trial and deposition www.hmlawoffice.com for additional information experience preferred. Please send your resume with about the firm. For more information or to submit salary requirements to [email protected]. a resume and law school transcript, please email [email protected]. DOWNTOWN OKC LAW FIRM SEEKS ASSOCIATE ATTORNEY. Primary duties include legal research and OKLAHOMA COUNTY – ASSISTANT DISTRICT AT- writing for civil litigation. One to three years of experi- TORNEY: Are you an experienced attorney who finds ence preferred. Pay is commensurate with experience. your current practice unfulfilling? Do you want to join Excellent benefits package. Please send cover letter, re- a team of quality people who dedicate themselves to sume and writing sample to “Box EE,” Oklahoma Bar serving others every day? Do you want to fight for Association, P.O. Box 53036, Oklahoma City, OK 73152. those who can’t fight for themselves? Does injustice an- ger you? Are you willing to serve in a highly demand- NW OKC LAW FIRM SEEKING OIL AND GAS TITLE ing and highly stressful environment with dispropor- ATTORNEY. One to five years’ experience rendering tionate compensation? If you answered, “Yes” to all of Oklahoma Title Opinions. Please email your resume to the questions above, we have the perfect opportunity [email protected]. for you! A few good men and women are needed to PHILLIPS MURRAH PC is looking for a registered pat- step up and dedicate their professional lives to serving ent attorney with at least 5 years of practice and an es- the citizens of Oklahoma County and the state of Okla- tablished client base to help expand our IP Practice. We homa as an assistant district attorney. Do you have have a very competitive salary and benefit package to what it takes? Send your resume to: District Attorney offer. If you want to work in a progressive and fast David Prater, 320 Robert S. Kerr Avenue, Suite 505, growing law firm with a quality work environment, Oklahoma City, Oklahoma 73102. please submit your resume in confidence to resume@ MCAFEE & TAFT IS SEEKING AN ASSOCIATE AT- phillipsmurrah.com. TORNEY WITH 1-3 YEARS’ EXPERIENCE to join its AV RATED DOWNTOWN OKC LAW FIRM SEEKS growing Employee Benefits Practice Group in its Okla- ATTORNEYS with two or more years’ experience in es- homa City office. Ideal candidates will have experience tate planning, litigation and/or labor and employment. in tax, transactional work and/or employee benefits. Special consideration to those with existing business, Top academic performance along with excellent writ- but not required. Salary based on experience. Parking/ ing, analytical and interpersonal skills are required. Health/Dental/Retirement plan. Send resume to “Box Please direct all inquiries to Brandon Long at brandon. NN,” Oklahoma Bar Association, P.O. Box 53036, Okla- [email protected]. homa City, OK 73152. DOWNTOWN OKC LAW FIRM SEEKS OIL AND GAS ESTABLISHED OKLAHOMA CITY LAW FIRM SEEK- TITLE ATTORNEY. Two to five years of experience pre- ING ATTORNEY(S) WITH INSURANCE DEFENSE ferred. Pay is commensurate with experience. Excellent LITIGATION EXPERIENCE. Great problem solving benefits package. Please send cover letter and resume and writing skills. Compensation and benefits negotia- to “Box FF,” Oklahoma Bar Association, P.O. Box 53036, ble. Please submit cover letter, resume and writing Oklahoma City, OK 73152. sample to “Box KK,” Oklahoma Bar Association, P.O. THE TULSA FIRM RICHARDS & CONNOR IS SEEK- Box 53036, Oklahoma City, OK 73152. ING AN ATTORNEY with a minimum of 3 years’ expe- THE DEPARTMENT OF HUMAN SERVICES, Legal rience in civil litigation. Please submit a resume, cover Services, is seeking an experienced (5 yrs preferred) as- letter and writing sample to Administrator, 525 S. Main sistant general counsel to office in Oklahoma City and St., 12th Fl., Tulsa, Oklahoma 74103, or via email to to assist with child welfare matters. This position needs [email protected]. effective writing, communication and advocacy skills. COMPTON LAW seeks litigation associates with 3-5 A familiarity with the Oklahoma Children’s Code and years’ experience to practice in the areas of general civ- litigation experience are strongly preferred. The chosen il, family, criminal and personal injury for both OKC candidate must be highly organized and ready to start. and Hinton offices. Base salary with handsome perfor- Salary is based on qualifications and experience. Excel- mance based compensation bonus. Must be polished, lent state benefits. Send resume, references and a recent professional, self-motivated and committed to a team writing sample (less than 1 year old) to JudithJudi. based company. Applicants must have the experience [email protected] or mailed to Judi Abrams, Opera- and ability to handle and manage individual cases tions Manager, Office of General Counsel, Dept. of Hu- while also having the flexibility to assist with and par- man Services, P.O. Box 25352, Oklahoma City, OK ticipate on team based projects/assignments. Inter- 73125-0352. ested applicants to send cover letter and resume to: [email protected].

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 501 POSITIONS AVAILABLE POSITIONS AVAILABLE

THIS POSITION WILL REPORT TO THE SENIOR EX- EXPANDING LAW FIRM SEEKS ENTREPRENEUR- ECUTIVE OFFICER OF THE LEGAL AND COMPLI- IAL-MINDED ATTORNEYS with experience in the fol- ANCE DIVISION. The executive director is responsible lowing practice areas: HR/employment; estate plan- for the management of the CNO In-House Legal De- ning; healthcare/regulatory; personal injury/insurance partment in its entirety. This position will coordinate defense and/or trucking/transportation litigation. We with the senior executive officer and outside counsel on are looking for resourceful individuals who want to be all legal matters, will manage internal case manage- part of a unique team of lawyers and work on a wide ment and the delegation of assignments to in-house as- variety of business consulting and litigation. Experi- sociate counsel and personnel. Primary tasks include enced with a book of business? Young and hungry? We rendering legal advice and services to all branches, en- have room for all. Tired of working long hours for just tities, departments and senior executive officers of the a salary? Our compensation package allows flexibility Choctaw Nation with respect to legislation, regulatory with regard to income and work load. We have a great practices, gaming operations, alcohol licensing, com- origination policy, too. Send resume and cover letter/ mercial ventures or other matters falling within the video correspondence clip outlining practice area expe- purview of all branches of the Choctaw Nation of Okla- rience and why you are ready to work in a different homa; providing legal representation to the nation in all kind of firm, to [email protected]. requested and/or required legal and liability areas; over- all supervision and management of the Legal Depart- THE SECRETARY FOR THE COMMISSIONERS OF ment of CNOK; all final personnel decision-making for THE LAND OFFICE (CLO) SEEKS APPLICANTS FOR the Legal Department of CNOK; case management and THE POSITION OF ASSISTANT GENERAL COUN- assignment of all in-house matters and projects delegat- SEL. The position reports directly to the general coun- ed to the specialized assigned attorney and/or legal sel. The successful candidate must be licensed to prac- team subordinates; the submission and final approval of tice law in the state of Oklahoma and have a minimum all budget proposals to the legislative branch on behalf of three years of experience in civil litigation or as a of the In-house Legal Department, upon final approval government attorney. Candidates with mineral or real of the senior executive officer of legal and compliance; estate law experience will be given priority consider- final approvals for all Legal Department’s account re- ation. The successful applicant will typically work from ceivables and legal vendor billings; working with the a standard office setting five days per week. The CLO Department of Risk Management on the development provides the state employee benefit package, offering and strategic planning from the legal and liability per- excellent benefits and a salary range of $40,000-$80,000 spective to reduce risk; will be the legal supervisor/advi- depending on experience and qualifications. To apply, sor for the preparation, negotiation, review and adviso- send an application, cover letter, resume and writing ry work pertaining to contracts, agreements, and other sample to Debra Sprehe, Human Resources Manager, legal instruments of commercial ventures on behalf of Commissioners of the Land Office, 204 N. Robinson, the CNOK; and perform other duties as may be as- Suite 900, Oklahoma City, OK 73102; debbie.sprehe@ signed. Applicants must have a J.D. and be admitted to clo.ok.gov; 405-521-4012. To be considered, the CLO the bar to practice in Oklahoma; be familiar with local, employment application, resume and writing sample state and federal laws and regulations, legislative pro- must be received by 5 p.m. on Friday, March 17, 2017. cesses and regulatory agencies; have a sound grasp of The CLO employment application can be found at the legal issues and requirements of the tribe’s com- www.clo.ok.gov/agency/careers. The Commissioners mercial ventures, such as licensing, acquisition and of the Land Office is an Equal Opportunity Employer. divestiture; have a broad understanding of tribal law, THE MUSCOGEE (CREEK) NATION IS SEEKING AN sovereignty and tribal court proceedings; excellent ASSISTANT ATTORNEY GENERAL/PROSECUTOR communication skills; effective presence to represent IN OKMULGEE. The assistant attorney general/prose- the tribe in all legal matters dealing effectively with at- cutor will assist in the prosecution of criminal, juvenile torneys, elected officials, regulators and other execu- and elder cases and matters on behalf of the Muscogee tives; and ten or more years of experience in law. Please (Creek) Nation (MCN); provide legal advice and counsel apply at careers.choctawnation.com. to various departments and agencies of the MCN and ASSISTANT ATTORNEY GENERAL - The Oklahoma tribal communities and committees; negotiate, review Office of the Attorney General is seeking an assistant and draft contracts; negotiate and purchase commer- attorney general for the Medicaid Fraud Control Unit. cial and individual property for MCN; and draft tribal The applicant should be knowledgeable in the area of legislation. Applicants must have graduated from an criminal law with preference to experience in criminal accredited law school, be knowledgeable and/or have prosecution. Experience with healthcare fraud or medi- experience in federal Indian law, must communicate ef- cal issues is preferred. Strong emphasis will be placed fectively with the public, handle workload under pres- on oral and jury trial advocacy skills. Applicants must sure situations, must be able to work with confidential be a licensed attorney in the state of Oklahoma. Posi- materials, must be willing to become licensed to prac- tion requires some knowledge and use of Word and/or tice law in Oklahoma and must be a member of the WordPerfect and Excel spreadsheets. Resumes for this Muscogee (Creek) Nation Bar Association or eligible to position should be sent to [email protected] and become a member. Visit www.muscogeenation-nsn. should include the position being applied for in the gov for more information. subject line of the email. EOE.

502 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 FOR SALE CLOSING SOLO PRACTICE MARCH 31ST AFTER 35 YEARS. Substantial law library, professional quality furnishings (Sligh/Ethan Allen) and more. Call 918- LEND A HAND 664-7780 and leave name, email address and telephone number to receive list of particulars and arrange for viewing. ALL NEW. 1ST EDITION, 2016-17. SENTENCING IN to a hero OKLAHOMA BY BRYAN DUPLER. The practical guide for judges and attorneys. $25+shipping. Email orders to [email protected].

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REGULAR CLASSIFIED ADS: $1.25 per word with $35 mini- mum per insertion. Additional $15 for blind box. Blind box word count must include “Box ___,” Oklahoma Bar Associa- tion, PO Box 53036, Oklahoma City, OK 73152.” DISPLAY CLASSIFIED ADS: Bold headline, centered, border Oklahoma are $60 per inch of depth. Lawyers for DEADLINE: See www.okbar.org/members/BarJournal/ advertising.aspx or call 405-416-7084 for deadlines. America’s SEND AD (email preferred) stating number of times to be published to: Heroes is [email protected], or Mackenzie McDaniel, Oklahoma Bar Association, currently PO Box 53036, Oklahoma City, OK 73152. Publication and contents of any advertisement are not to be looking for deemed an endorsement of the views expressed therein, nor volunteers shall the publication of any advertisement be considered an en- dorsement of the procedure or service involved. All placement notices must be clearly nondiscriminatory. DO NOT STAPLE BLIND BOX APPLICATIONS.

the need for family law volunteers is critical, but attorneys from all practice areas are needed. TO VOLUNTEER Contact Gisele K. Perryman 405-416-7086 [email protected] or sign in to MyOKBar

Vol. 88— No. 8 — 3/11/2017 The Oklahoma Bar Journal 503 THE BACK PAGE

My Tip for Finding Balance By Jennifer Castillo

I came to the practice of law a character makes it to the forum, life and the evolving needs of roundabout way via three-plus but the laughs leading to the ste- my family. While I am currently years as a musical theater stu- reotypical happy ending make it experiencing the best work/life dent at OCU and an undergrad- a worthwhile journey. balance of my career, my path uate degree in theater. My love Much like Pseudolus’ journey here is littered with mistaken of theater and music is woven to freedom, my journey to identities and multiple plot into my genetic fabric much like achieve work/life balance has twists. But here’s the thing — my small feet and green eyes. been anything but straight and in spite of the bad, there is also Although I gave up the smell of smooth. I started practicing law overwhelming amount of good, the grease paint and the hours 15 years, two kids and a slew of happy, momentous, beautiful in a practice room over a life experiences ago. My view of and downright funny moments. decade ago, I can still come up how to define an acceptable bal- Choosing to see the comedy with a title or a line from a instead of the plot song or play for almost twists that may have any situation. moved me farther away For example, when from a particular goal, thinking about my own keeps me balanced. The journey to achieve work/ memories of those life balance, I automatical- moments sustain me ly think of a Stephen when the stress and Sondheim musical, A busyness of my life Funny Thing Happened on threaten to overcome the Way to the Forum. The the calm, content and title of Forum is derived happiness of my life. from the clichéd first line The desire to have more of a stand-up comedian’s calm, content and happi- joke (usually his first of ness in my life also fuels the performance): “A my efforts to achieve funny thing happened to me Jennifer and her family balance through a dedi- on my way to the theatre cation to those things tonight ...” Because the musical ance between my home life and that are most important to me. is set in ancient Rome, the line my professional life — and how So, don’t be surprised to hear was adapted using “forum” to achieve it — is vastly differ- me singing the opening number instead of “theatre.” ent now. I’ve learned that work/ of Forum to myself: life balance doesn’t just happen. In Forum,1 inspired by the farc- Time and experience have Tragedy tomorrow, es of the ancient Roman play- Comedy tonight! wright Plautus (251–183 BC), a taught me what ratio of profes- slave named Pseudolus schemes sional and personal life works Ms. Castillo is an attorney with his way to freedom. Forum is best for me. OG&E in Oklahoma City. full of plot twists, mistaken My optimal balance has changed in response to the vary- 1. Music and lyrics by Stephen Sondheim identities and sight gags. At the and book by Burt Shevelove and Larry Gelbart. end of the show, not a single ing demands of my professional

504 The Oklahoma Bar Journal Vol. 88— No. 8 — 3/11/2017 Featured Speaker: Steven J. Oshins, Esq., AEP (Distinguished) Oshins & Associates, LLC, Las Vegas, NV

THE HYBRID DOMESTIC ASSET PROTECTION TRUST: A THIRD-PARTY TRUST THAT CAN TURN INTO A SELF-SETTLED TRUST There are now 16 states that have statutes allowing a person to set up an asset protection trust for themselves. It is impossible to be an estate planner without also being an asset protection planner since asset protection planning is a necessary part of estate planning. Steve Oshins will describe Domestic Asset Protection Trusts, but will also discuss the risks involved and how those risks can easily be avoided Cosponsored by the OBA Estate Planning Section using a version of this trust called a Hybrid Domestic Asset Protection Trust.T

ADVANCED HOW DO WE PLAN AFTER THE VALUATION DISCOUNT RULES ARE OFFICIALLY CHANGED? The Treasury released Temporary Treasury Regulations last year that would substantially curb the ability Estate to obtain valuation discounts for interfamily transfers. This has been one of the most heavily-discussed topics since those Temporary Regulations were released. Does this mean the end for advanced Planning estate planning? The answer is no. Featuring Steve Oshins Steve will spend time during the session describing many advanced estate tax reduction techniques that MARCH 24 would still be allowable even if the Oklahoma Bar CenteCenter, OKC - WEBCAST AVAILABLE Final Treasury Regulations are drafted as they read in the Temporary Treasury Regulations. $200 for early-bird registrations with payment received by March 17th; $225 for registrations with payment received between March 20th – March 23rd. Walk-ins $275. Registration includes continental breakfast and lunch. To receive a $10 discount for the in-person program, register online at www.okbar.org/members/CLE. Registration for the live webcast is $250. Seniors may register for $50 on in-person programs (late fees apply) and $75 for webcasts, and members li- censed 2 years or less may register for $75 for in-person programs (late fees apply) and $100 for webcasts.

For details and to register go to: www.okbar.org/members/CLE THIS PROGRAM WILL NOT BE REBROADCAST AT A LATER DATE.

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THE EXPRESSIVE LITIGATOR: VOICE AND ITS RELATION TO PERSUASIVE STORY TELLING

MARCH 31, 9 a.m. - 2:50 p.m. Oklahoma Bar Center - “Live” Webcast Available JOIN US ON VETERANS DAY - THE BAR WILL BE OPEN $150 for early-bird registrations with payment received before March 27th; $175 for registrations with payment received March 27th – March 30th . Walk-ins $200. To receive a $10 discount for the in-person program, register online at http://www.okbar.org/members/CLE . Registration for the live webcast is $200. Seniors may register for $50 on in-person programs (late fees apply) and $75 for webcasts, and members licensed 2 years or less may register for $75 for in-person programs (late fees apply) and $100 for webcasts.

For details and to register go to: www.okbar.org/members/CLE