ALSO INSIDE: Probate Venue • Mock Trial Program • JNC Elections Use of a Revocable Living Trust as an Alternative to Probate
Volume 92 — No. 4 — April 2021
LAW DAY 2021
contents April 2021 • Vol. 92 • No. 4
THEME: Law Day Editor: Carol Manning
FEATURES PLUS 6 Celebrating Law Day Throughout Oklahoma 28 Estate Planning, Probate and Trust By Ed Wunch Section Note: Probate Venue (aka Jurisdiction) Is Important 10 Law Day Contest Winners By Kraettli Q. Epperson 24 History of Law Day 32 Use of a Revocable Living Trust as a Preferable 26 Pro Bono: More Important Now Than Ever Alternative to Probate: General Observations By Katie Dilks and Pitfalls to Avoid, Part 1 By Maria Tully Erbar and andra Erbar Peterson DEPARTMENTS 38 Judicial Nominating Commission Elections 40 Legislative Monitoring Committee Report: 4 From the President Session Update 46 From the Executive Director By Miles Pringle 42 Oklahoma Mock Trial Goes Virtual 48 Law Practice Tips By Andrea Medley 52 Ethics & Professional Responsibility 54 Board of Governors Actions 58 Oklahoma Bar Foundation News 62 Young Lawyers Division 65 Bench and Bar Briefs 66 In Memoriam 68 Editorial Calendar 79 The Back Page PAGES 28 and 32 – Probate
PAGES 38 – JNC Elections From The President Take Advantage of the Lawyers Helping Lawyers Assistance Program By Mike Mordy
TRY TO ATTEND THE LAWYERS HELPING My friend with whom I reconnected is very sharp I Lawyers Assistance Program monthly committee meet- and well-educated with various master’s degrees ing as often as possible because I believe it is one of the and a doctorate degree but very humble and best programs the OBA has to offer. At a recent meeting, I unassuming as to her education and credentials. was reminded how compassionate and eager the commit- She is very excited to be helping our asso- tee members are to offer help to their fellow attorneys. ciation and to offer counseling. She is very I read a bar journal article written by Deanna Harris compassionate and told me that it is not just and Ben Rogers about Oklahoma City attorney Bob about alcohol and chemical dependency, but her Looney, who started Lawyers Helping Lawyers in the organization wants to offer counseling to those early ‘70s. I was acquainted with Bob and knew him to be who are stressed or working too many hours or a legal giant in the legal community, but it was not until need help with setting boundaries with clients. 2002 when he and I were at the same men’s Christian My friend told me, at the end of our conversa- retreat that I learned of Bob’s compassion for his fellow tion, that she wants to “really work at growing man. This compassion has continued with the good works this program to serve attorneys in Oklahoma.” of the LHL Assistance Program that Bob helped start. I think we all need various degrees of coun- LHL offers, as part of the benefits to its members, six seling, and I hope all our members will avail free counseling sessions with an independent counselor, themselves of the Lawyers Helping Lawyers which is totally confidential. LHL, through the Oklahoma Assistance Program or direct someone you see Bar Association, entered into a new contract beginning Jan. 1, or hear of who might benefit from it, even if it is 2021, with A Chance to Change to provide six free counsel- to help someone with an issue that may appear ing sessions for behavioral health or addiction disorders. to be mundane. All services offered through the A Chance to Change is a counseling Lawyers Helping Lawyers Assistance Program entity that began in Oklahoma City are strictly confidential, including counseling in 1979 by offering drug and alcohol through A Chance to Change. You can reach addiction treatment but has responded A Chance to Change anytime, 24 hours a day, to societal changes by adding coun- through the LHL helpline at 800-364-7886. Tell seling for gambling, early drug and them you are a member of the Oklahoma Bar alcohol education and intervention, Association and would like to speak with a coun- stress management, depression and selor. Traveling to meet with a counselor is not a grief counseling, to name a few. factor because sessions can take place virtually. Two counselors from A Chance to You can also participate in monthly LHL dis- Change attended the LHL committee cussion groups, which are small group discussions meeting to introduce themselves and to intended to give leaders and participants the oppor- talk about the services being offered. I tunity to ask questions, provide support and share recognized one of the counselors and set information. You can find the date and the time of up a conference with her the next day these meetings, which are currently remote, on the to discuss the organization and what OBA website at www.okbar.org/lhl. Please take President Mordy practices services were being offered. When I advantage of this program and the free counseling, in Ardmore. talked to the counselor the next day, we because as my friend told me, “Counseling is a gift [email protected] 580-223-4384 realized we were previously acquainted. you give yourself to be the best version of yourself.”
4 | APRIL 2021 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2021 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, Board of Governors, Volume 92 — No. 4 — April 2021 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the content of their ads, and the OBA reserves JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair the right to edit or reject any advertising copy Editor-in-Chief for any reason. Legal articles carried in THE [email protected] LUKE ADAMS, Clinton OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita LAUREN RIMMER BAR CENTER STAFF Advertising Manager VIRGINIA D. HENSON, Norman John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Jim C. SCOTT JONES, Oklahoma City Calloway, Director of Management Assistance TONY MORALES, Shawnee Program; Craig D. Combs, Director of Administration; Janet K. Johnson, Director of ROY TUCKER, Muskogee Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. DAVID E. YOUNGBLOOD, Atoka Manning, Director of Communications; Dawn Shelton, Director of Strategic Communications and Marketing; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Jennifer Brumage, Melody Claridge, Cheryl Corey, Ben Douglas, MICHAEL C. MORDY, President, Ardmore; Johnny Marie Floyd, Matt Gayle, Suzi CHARLES E. GEISTER III, Vice President, Oklahoma City; JAMES R. Hendrix, Debra Jenkins, Rhonda Langley, HICKS, President-Elect, Tulsa; SUSAN B. SHIELDS, Immediate Jamie Lane, Durrel Lattimore, Edward Past President, Oklahoma City; MICHAEL J. DAVIS, Durant; TIM E. Maguire, Renee Montgomery, Whitney DECLERCK, Enid; JOSHUA A. EDWARDS, Ada; AMBER PECKIO Mosby, Lauren Rimmer, Tracy Sanders, GARRETT, Tulsa; BENJAMIN R. HILFIGER, Muskogee; ANDREW E. Mark Schneidewent, Kurt Stoner, Krystal HUTTER, Norman; DAVID T. MCKENZIE, Oklahoma City; MILES T. Willis, Laura Willis & Roberta Yarbrough PRINGLE, Oklahoma City; ROBIN L. ROCHELLE, Lawton; KARA I. SMITH, Oklahoma City; MICHAEL R. VANDERBURG, Ponca City; Oklahoma Bar Association 405-416-7000 RICHARD D. WHITE JR., Tulsa; APRIL J. MOANING, Chairperson, Toll Free 800-522-8065 OBA Young Lawyers Division, Oklahoma City FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Lawyers Helping Lawyers 800-364-7886 paid at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year. Law students registered with the OBA and Board of Bar Examiners 405-416-7075 senior members may subscribe for $30; all active members included in Oklahoma Bar Foundation 405-416-7070 dues. Single copies: $3
Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036.
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 5 Law Day 2021 Law Day 2021: Advancing the Rule of Law – Pandemic Edition By Ed Wunch
HAT A YEAR IT HAS BEEN! On March 9, 2020, I submitted my Law Day article for the WApril bar journal. On March 12, I was honored to host our student contest winners at the Supreme Court Courtroom at the Capitol with Chief Justice Gurich and 2020 OBA President Susan Shields. And then, on March 16, 2020, the Supreme Court issued its first emergency directive. In just a month, my article in the April bar journal became quite anachronistic.
While many Law Day events That brings us to 2021’s Law to seeing many of you in person in 2020 were canceled or changed, Day theme: “Advancing the Rule as we go back to holding phone what did not change was the of Law Now.” As articulated by banks at OETA studios and Oklahoma Bar’s commitment to Will Gunn, 2021 National Law answering the public’s questions serving the public. For Law Day Day Chair for the ABA, the rule of as we recover from the pandemic. in 2020, we moved Ask a Lawyer law is the foundation of America.1 We are currently targeting a late to a virtual format, answering When so much of our daily lives is September or early October date, many questions by email. I am changed by a pandemic, we turn and we hope to announce that incredibly grateful to the over to our fundamental institutions date soon. 100 attorneys who volunteered for reassurance that we will get While we continue to plan their time to answer the public’s through this. The rule of law is 2021’s Law Day activities, I am questions in very uncertain times. I what gives us faith in these institu- incredibly grateful for the support am especially grateful to Katheryn tions. However, the rule of law is of Chief Justice Richard Darby Bell and Dan Crawford for their not self-sustaining. It requires each and President Mike Mordy as we time and leadership as we moved of us to fight for justice and against continue Oklahoma’s long tradi- to the email-only format only a injustice wherever we see it. tion of honoring Law Day through month before the event. However, As we all continue that fight, educating the public and giving 2020’s Ask A Lawyer was only one the OBA Law Day Committee back to our communities. of countless examples we’ve seen of voted to move the OBA’s celebra- colleagues meeting the increased tions of Law Day to this fall. This CONTESTS AND ACTIVITIES demand and unique needs of their should give us the opportunity The OBA received entries from clients and the public and advanc- to hold more traditional Law 1,288 students from across the ing justice in their work. Day events, hopefully returning state focused on this year’s theme, “Advancing the Rule of Law Now.” We built on last year’s success receiving many entries from the Oklahoma City and Tulsa areas, as well as many other communities around the state. This is also a tes- tament to the amazing teachers we have around the state who have
6 | APRIL 2021 THE OKLAHOMA BAR JOURNAL By moving the Ask A Lawyer TV show and statewide free legal advice to the fall, the Law Day Committee hopes to return to in-person phone banks in OETA studios in Oklahoma City and Tulsa. done a wonderful job supporting ABA will still celebrate Law Day Oklahoma’s children during these around May 1, and several county unusual times. bar associations will still hold While an in-person recognition events in May and June. This is in of the student winners is not pos- addition to the statewide Law Day sible this year, we will be holding celebrations we are planning this a virtual winner’s ceremony with fall, which will include the return President Mike Mordy and Chief of Ask A Lawyer on OETA. Justice Richard Darby, and first- To stay up to date on Law Day civil legal questions from place winners will receive their activities we are planning for this low-income Oklahomans plaques. Additionally, I am grateful fall, I encourage you to visit our via the Free Legal Answers to the Appellate Practice Section website at www.okbar.org/lawday, website. There is no min- for their sponsorship of the Law where we will post updates later imum time commitment, Day Contest, as we award approxi- this year. and you are not commit- mately $4,000 in total to 54 winners Until then, if you are look- ted to providing anything from around Oklahoma. See the ing for ways to volunteer your beyond one answer. The names of all the winners and their legal services, I encourage you to ABA Standing Committee winning entries online at www. volunteer through two programs on Pro Bono and Public okbar.org/lawday or in this issue. supported by the OBA: Service annually recognizes those attorneys who answer GET INVOLVED Free Legal Answers more than 50 questions One of the many benefits of mov- is a national program through the program. Find ing Law Day to this fall is that supported by the ABA. out more at https://oklahoma. we have TWO opportunities to Oklahoma attorneys vol- freelegalanswers.org. celebrate Law Day this year. The unteer their time to answer
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 7 supporting this program, or find out more, visit https:// okbarheroes.org/volunteer.
As always, I am honored to be able to support the great volunteer work of OBA members across the state. If you have ideas on how to improve Law Day or want more information, please contact me directly at [email protected].
Lawyers for America’s ABOUT THE AUTHOR Heroes is an OBA program Ed Wunch is a staff to provide pro bono legal attorney with Legal Aid advice and assistance to Services of Oklahoma, qualifying veterans, retir- Inc. He serves as the ees, active service members, OBA’s 2021 Law Day guard members and reserve Committee chair. He is a 2013 members. Since 2010, hun- graduate of the University of dreds of Oklahoma lawyers California, Irvine School of Law. have helped thousands and thousands of members ENDNOTE of our military through 1. American Bar Association, Law Day 2021: the Heroes program. To Advancing the Rule of Law Now. www.youtube. join your colleagues in com/watch?v=8corPWv79Xo.
COUNTY BAR LAW DAY EVENTS
Pushmataha County because attorneys share the responsibility to promote The Pushmataha County Bar Association will the rule of law – answering the call to defend liberty host Call A Lawyer on May 6 from 5:30 - 7:30 p.m. and pursue justice. Oklahomans can call 580-298-5082 for free legal Presented by the Tulsa County Bar Foundation, a advice. Lawyers volunteering will have a wide range virtual symposium and Law Day presentation will be of knowledge. held April 30, beginning at 9 a.m. Topics of the two sessions will be “Avoiding Unintentional Exclusivity: Tulsa County How the Language We Use Matters (Even When We The Tulsa County Bar Association is embracing the Don’t Mean It That Way)” and “Let’s Talk About IT: theme “Advancing the Rule of Law Now,” in which Avoiding Micro-Aggressions and Managing Implicit every person is treated equally under the law and Bias.” The Law Day presentation will feature the that no one is above the law. The TCBA’s celebration announcements of the winners of the annual Liberty is two-fold this year. First, the Tulsa community is Bell Award, Brunton-Will CLE Award and Sandra commemorating 100 years since the Tulsa Race Day O’Connor Award. Plus, there will be a special Massacre. Bar members are encouraged to attend presentation from keynote speakers Phil Armstrong those events remembering the injustice, lives, and Hannibal Johnson, from the 1921 Tulsa Race economic loss and devastation of a community. Massacre Centennial Commission. Go to www. Their Law Day celebration is also a call to action TulsaBar.com for more information.
Send details about your county Law Day event to [email protected]. Information will be posted to the Law Day website.
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Law Day 2021 Contest Winners From Across the State
HE OBA LAW DAY COMMITTEE would like to thank Oklahoma educators, students Tand their families for participating in the 2021 Law Day Contest. This year, nearly 1,300 students from across the state entered the contest. First- through 12th-grade students demonstrated their knowledge of the history and concepts of the theme through essays and multimedia art. Pre-K and kindergarten students were given a choice of coloring activity pages related to the theme, allowing them to show off their budding creative and writing abilities. For both elementary and secondary students, the contest gave them an opportunity to explore how the rule of law is the foundation of American rights and liberties.
Hannah Delgado Grand Prize Eleventh Grade Art Ardmore High School, Ardmore
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1. Brecklyn Smith 2. Finn Carson 3. Emma Brielle Duarte 4. Zoe Fletes First Place Second Place First Place Second Place Pre-K Coloring Pre-K Coloring Kindergarten Coloring Kindergarten Coloring Flower Mound Public School Flower Mound Public School Jackson Elementary School Covenant Community School Lawton Lawton Pauls Valley Stillwater
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 11 5
See the full entry at www.okbar.org/lawday.
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5. Xylia Lozano Ramirez 6. Libby Wigington 7. Jocelyn Russell First Place Second Place First Place First Grade Writing First Grade Writing First Grade Art Watonga Elementary School Watonga Elementary School Covenant Community School Watonga Watonga Stillwater
12 | APRIL 2021 THE OKLAHOMA BAR JOURNAL 8 9 See the full entry at www.okbar.org/lawday. See the full entry at www.okbar.org/lawday.
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8. Rylee Humphries 9. Melody Anderson 10. Lannyn Clinesmith 11. Luke Kauffman First Place Second Place First Place Second Place Second Grade Writing Second Grade Writing Second Grade Art Second Grade Art Lincoln Elementary School Lincoln Elementary School Leedey Public Schools Regent Preparatory Pryor Pryor Leedey School of Oklahoma Tulsa
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See the full entry at www.okbar.org/lawday. 15
The Oklahoma Legislature is people who represents you and decide on laws. A legislature job is first make a law and also discuss on bills than vote on bills than request bills. Read the full entry at www.okbar.org/lawday. 12
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12. Carlee Dry 13. Boston Wallace 14. Isabelle Van Pelt 15. Aspen Boggs First Place Second Place First Place Second Place Third Grade Writing Third Grade Writing Third Grade Art Third Grade Art Lincoln Elementary School Jackson Elementary School Covenant Community School Leedey Public Schools Pryor Pauls Valley Stillwater Leedey
14 | APRIL 2021 THE OKLAHOMA BAR JOURNAL THE IMPORTANCE OF LAWS It is important for people to respect the law because laws are designed to stop arguments and disagreements between people. Laws create boundaries for all people to follow. When the laws are followed, people stay safe, the land stays clean, and people are happy. People that do not follow the laws are not happy because they usually have a lot of people angry with them. People that do not follow the law usually steal, kill, and destroy the property of others. If all people would respect the law all the time, the world would be safe because nothing bad would ever happen. Read the full 18 essay at www.okbar.org/lawday. 16
WHY IS IT IMPORTANT FOR PEOPLE TO RESPECT THE LAW? WHY IS IMPORTANT FOR LAWS TO BE FAIR? It is important for people to respect the law because the laws of our country were made to protect us. If people do not respect the law, they will not obey the law, and they could get a ticket, wind up in jail, get hurt, or even die. People can get really upset about things that happen, but that does not make it okay for them to break laws. Read the full essay at www.okbar. org/lawday. 17 19
16. Joshua Kuehl 17. Elijah McDaniel 18. Sophie Buchanan 19. Cael Gensman First Place Second Place First Place Second Place Fourth Grade Writing Fourth Grade Writing Fourth Grade Art Fourth Grade Art Covenant Community School Covenant Community School Russell Babb Elementary Covenant Community School Stillwater Stillwater School Stillwater Harrah
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 15 Every law starts with an idea (Rifkin, 2020). For 22 example, a company was pouring waste into a freshwater pond. People liked to swim in the pond, and the waste was not good for them or the animals that lived there. So a woman had an idea. She decided that the company needed to stop pouring waste into their pond. She contacted her Congressman, and he thought that it was a good idea too. Then the idea became a bill. Read the full essay at www. okbar.org/lawday. 20
THE ROLES OF CONGRESS, THE PRESIDENT, 21 AND THE SUPREME COURT IN THE LAWMAKING PROCESS When the Founding Fathers created our Constitution, they wisely chose a system of checks and balances, so no one possessed too much power. The Constitution sets up three branches of government: the Executive Branch, the Legislative Branch, and the Judicial Branch, each having power over each other. The bicameral Legislative Branch, or Congress, makes the laws. The Judicial Branch, under the Supreme Court, the highest court in the land, interprets the laws and decides if they are fair. The Executive Branch executes, or carries out, the laws. Read the full essay at www.okbar.org/lawday.
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20. Maggie Kershen 21. Hannah Kauffman 22. Camille Lomoro & 23. Hannah Kauffman First Place Second Place Logan Halferty Second Place Fifth Grade Writing Fifth Grade Writing First Place Fifth Grade Art Homeschool Regent Preparatory Fifth Grade Art Regent Preparatory Norman School of Oklahoma Bishop John Carroll School of Oklahoma Tulsa Cathedral School Tulsa Oklahoma City
16 | APRIL 2021 THE OKLAHOMA BAR JOURNAL SIMILAR 24 26 DIFFERENCES A government plays a very important role in a country. They provide the parameters for citizens to live, laws to be governed by and help maintain a civil society as defined by that government. The important roles that will be compared between the U.S. and Mexico is the system of government, the role of a citizen in selecting government, and the role of a citizen in selecting the lawmaking process with the system of government. Read the full essay at www.okbar.org/lawday.
Have you ever wondered how Dominica’s 25 government works? It is pretty different from the United States but it’s similar in some ways. In this essay we will compare and contrast the way the United States and Dominica’s government systems work, how the officials are elected, and finally how each country makes their laws. Read the full essay at www.okbar.org/lawday.
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24. Kara Brown 25. Trey Vaughn 26. Nihal Zehra Erez 27. Ashlie Nguyen First Place Second Place First Place Second Place Sixth Grade Writing Sixth Grade Writing Sixth Grade Art Sixth Grade Art Newman Middle School Newman Middle School Dove Science Academy Independence Intermediate Skiatook Skiatook High School School Oklahoma City Yukon
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31 KAZAKHSTAN 28 AND THE UNITED STATES: THEIR SYSTEM OF GOVERNMENT AND ROLE OF CITIZENS IN LAWS AND ELECTIONS Not everybody has heard of the Republic of Kazakhstan. I learned of it when my dad went there to teach English for a few summers. Although it may seem to have many similarities to the United States according to its Constitution, what is actually practiced is very different. 29 JAPAN - VS - THE UNITED STATES Kazakhstan’s government is set Japan’s system of Government, Japan’s constitution was up in a way that is similar yet promulgated in 1946 and came into force in 1947, superseding different to the United States. the Meiji Constitution of 1889. It differs from the earlier Read the full essay at www.okbar. document in two fundamental ways: the principle of org/lawday. sovereignty and the stated aim of maintaining Japan as a peaceful and democratic country in perpetuity. Read the full essay at www.okbar.org/lawday.
28. Mary Kauffman 29. Taloa Scott 30. Alisha Nguyen & 31. Mary Kauffman First Place Second Place Sophia Hart Second Place Seventh Grade Writing Seventh Grade Writing First Place Seventh Grade Art Regent Preparatory Calera Middle School Seventh Grade Art Regent Preparatory School of Oklahoma Calera Bishop John Carroll School of Oklahoma Tulsa Cathedral School Tulsa Oklahoma City
18 | APRIL 2021 THE OKLAHOMA BAR JOURNAL In the United States of America, the Constitution is the “supreme law of the land,” as the Supremacy Clause of Article VI states. The Constitution is the main law of the United States, and as such takes precedence over state law and state constitutions. If the Constitution is the law of our country, then judges are the arbiters who protect the law, interpret, and follow it. Every person, no exceptions, is subject to the law, and judges must have a deep understanding of the Constitution as part of their professions. Read the full essay at www. 34 okbar.org/lawday. See the video at www.okbar.org/lawday. 32
CASE NOTES BY BLAB, YOUR FAVORITE SECRETARY SHRIMP The date is March 6, 1819 and I do not want to write these case notes. However, due to my occupation as a lawyer’s secretary, it seems I have no choice. Hello, my name is Blab, and I will be walking you through the happenings inside the Shrimp Supreme Court regarding the “McConchshell v. Oceano” case. You, a human, may know it as “McCulloch V. Maryland.” This marine metaphor will illustrate the power of the Federal government over the states, as well as show you how ‘the rule of law presides over citizens. Read the full essay at www.okbar.org/lawday. 33
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32. Lucy Kershen 33. Eleanor McDermott 34. Allison Turner & 35. Emma Rasor First Place Second Place Divya Thomas Second Place Eighth Grade Writing Eighth Grade Writing First Place Eighth Grade Art Homeschool Monte Cassino Middle School Eighth Grade Art Monte Cassino Middle Norman Tulsa Monte Cassino Middle School School Tulsa Tulsa
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 19 LADY LAW 36 Lady Law standing tall, she will answer justice’s call. Wearing a blindfold, she cannot see, and will therefore decree with honesty. White, black, or even blue, she will never physically see you. She will only ever observe your sins, but for these, she will not judge your kin. Read the full poem at www. okbar.org/lawday. 38
RULE OF LAW 39 The law that keeps our country in line, Will keep our people safe and fine. Breaking the law can be bad, Try to stay calm and don’t get mad. We must be accountable to laws that are publicly promulgated, As well to those that are independently adjudicated. We must be accountable, so we do not sin, We cannot let the devil win. Read the full poem at www.okbar. org/lawday. 37
36. Ruby Galazin 37. Nehemiah Auxer 38. Isabella Foster 39. Joshua Gertz First Place Second Place First Place Second Place Ninth Grade Writing Ninth Grade Writing Ninth Grade Art Ninth Grade Art Mingo Valley Christian School Mingo Valley Christian School Mingo Valley Christian School Mingo Valley Christian School Tulsa Tulsa Tulsa Tulsa
20 | APRIL 2021 THE OKLAHOMA BAR JOURNAL 43 I consider myself incredibly lucky to have 42 parents who are very accepting of people who are different from them. I was taught from an early age that people who are attracted to the same gender are normal and should not be treated differently. My mom taught me acceptance because she was raised that way and my dad taught me acceptance because of the diverse types of people he has had to work with during his time in the military. Read the full essay at www.okbar.org/lawday. 40
On a chilly winter’s evening in January of 2021, I was bewildered by the news on my television. The news displayed images, and even videos of an angry mob attacking Capitol hill. I was in shock how they could let men bearing confederate flags and that had the mindset of overturning the election into the building. I was surprised because multiple times in 2020 the National Guard was called to protect Capitol Hill in response to peaceful protests from Black Lives Matter. Read the full essay at www.okbar.org/lawday. 41
40. Billie Parker 41. Nathan Gibson 42. Emma Page 43. Cami Akins First Place Second Place First Place Second Place Tenth Grade Writing Tenth Grade Writing Tenth Grade Art Tenth Grade Art Lawton High School Lawton High School Cushing High School Roland Public Schools Lawton Lawton Cushing Roland
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 21 SHARED RESPONSIBILITIES OF LAW The founding fathers knew that dividing the power of law between multiple branches of government would be very important to the survival of their new country. They knew, from looking back at the history of government, that placing too much power in one branch could be detrimental to the success of the nation. So, they divided the power among the legislative, the executive, and the judicial branches. Each branch is responsible for a substantial part of lawmaking and enforcement within the U.S. Read the full essay at www.okbar.org/lawday. 45 47 FREEDOM AND EQUALITY 46 The United States is a unique country with a unique government. The founding fathers wanted a way that the government could improve its system as the country continued to change. Adding amendments is how the United States adjusts to what is needed in the country and make all the states comply with the laws. These amendments can have a huge impact on American’s everyday lives but are also needed to protect citizen’s rights. Read the full essay at www.okbar.org/lawday. 44
44. Jenna Scott 45. Sutton Burnett 46. Jazmyn Ragle 47. Khoa C. Nguyen First Place Second Place First Place Second Place Eleventh Grade Writing Eleventh Grade Writing Eleventh Grade Art Eleventh Grade Art Pawnee High School Pawnee High School Ardmore High School Union High School Pawnee Pawnee Ardmore Tulsa
22 | APRIL 2021 THE OKLAHOMA BAR JOURNAL 50 51 See the full entry at www.okbar.org/lawday.
It’s 1966, people are twisting and LAW DAY 49 shouting to popular artists like The Martin Luther King Jr., Mamas & the Papas, The Beatles, and Born on January 15, 1929, The Beach Boys, which are shooting Was a role model and leader to the top of the Billboard Hot 100. Lyndon B. For people of all races Johnson is president, color TV has arrived and the favorite shows of the year are Batman and He stood up for his race Star Trek. Miniskirts are the latest fashion, and And spoke for black people NASA has launched Lunar Orbiter 1, which Telling everyone that he had a dream was the first U.S. spacecraft to orbit the moon. That whites and blacks will unite However, a strong, deep tremble is beginning Read the full poem at www.okbar.org/lawday. to shake beneath the core of the nation. Read the full essay at www.okbar.org/lawday. 48
48. Josie Moore 49. Ricky Powers 50. Palmer Strubhar 51. Madeline Schutts First Place Second Place First Place Second Place Twelfth Grade Writing Twelfth Grade Writing Twelfth Grade Art Twelfth Grade Art Gore High School Kiefer High School Piedmont High School Calera High School Gore Kiefer Piedmont Calera
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 23 Law Day 2021 Law Day History
AW DAY WAS CONCEIVED BY THE LATE HICKS EPTON, a Wewoka attorney who Lserved as Oklahoma Bar Association president in 1953. Before he became president, Mr. Epton served as head of the public relations committee, and in 1951, he launched one of the most important public relations programs ever undertaken by the OBA: Know Your Liberties – Know Your Courts Week. This was one of the last weeks of April dedicated to educating the public about the legal system and celebrating the liberties we have as Americans.
citizens of this country are given Since the first observance, the the opportunity to be informed. American Bar Association, the The goal is worth the effort and national voluntary organization if the system fails or the liberties of the legal profession, has acted are lost, the responsibility will rest as the national sponsor of Law heavily on the legal profession.” Day. State, county and local bar In 1958, President Dwight D. associations organize individual Eisenhower established Law Day projects throughout the country. nationally by presidential proclama- Many national organizations also tion. On this occasion, he said, “It is fit- recognize Law Day, including the ting that the American people should National Education Association, remember with pride and vigilantly National Governors’ Association, guard the great heritage of liberty, United States Conference of justice and quality under law. It is our Mayors, Boy Scouts and Girl Scouts moral and civil obligation as free men of America and civic and services and as Americans to preserve and clubs such as Rotary International strengthen that great heritage.” and Kiwanis International. The OBA continued its celebration The Know Your Liberties – Know of Know Your Liberties – Know Your Your Courts Week spread across the Courts Week, but after much hesita- Hicks Epton nation and earned for the association tion, the decision was made to give was born in two Freedom Foundation awards. up the name in 1960. The change was Arkansas and In preparation for the second made only to take advantage of the earned his annual Know Your Liberties – extensive national publicity given law degree at Know Your Courts Week, OBA to Law Day through the efforts of OU in 1932. President John Halley encouraged the American Bar Association. He moved to Wewoka all lawyers to participate. The first of May was set aside in where he “Every American should know 1961 by a Joint Resolution of Congress practiced law for 40 years. He more about his liberties under the as a “special day of celebration by the served four years as chairman law and more about the American American people in appreciation of of the board of Admissions court system,” Halley said. “The their liberties and the reaffirmation of the Oklahoma Bar, was president of the Oklahoma Bar more they know about them, the of their loyalty to the United States Association in 1953 and of the more they will appreciate the of America” and as an occasion for Oklahoma Bar Foundation from American way of life. It is the respon- “rededication to the ideals of equality 1954 through 1956. sibility of the lawyer to see that the and justice under laws.”
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Law Day 2021 Pro Bono: More Important Now Than Ever By Katie Dilks
26 | APRIL 2021 THE OKLAHOMA BAR JOURNAL KLAHOMANS’ LIVES AND WORK HAVE BEEN UPENDED BY COVID-19, and Othose in the legal field are no exception. Over the past year, we have adjusted to the “new normal” of videoconference proceedings, emailed court filings, remote networking and yes, even remote pro bono work. One unique challenge of the COVID-19 crisis has been that so much of our neighbors’ suffering has happened behind closed doors. With so much hidden hardship, it is crucial for Oklahoma’s legal community to find ways to con- tinue to step up and serve those in need across the state.
Although Law Day will look acute, early impact of COVID-19, to connect volunteers with the different this year, opportuni- these providers predicted the need organizations working with ties exist right now to help from for increased help and knew an low-income Oklahomans. If this the comfort and safety of your effective solution would look a little past year has proven one thing, it home or office. Last summer, different from normal. That need is that we truly can survive and the Oklahoma Access to Justice has largely materialized, and legal achieve great things when we Foundation launched OKProBono. services partners are now facing a work together. org, a statewide pro bono portal year with higher rates of consumer In October, the Oklahoma that connects legal volunteers with and medical debt cases, divorce, Access to Justice Commission ways to help across the state. The domestic violence, eviction and passed a resolution recognizing dozen organizations participating foreclosure – not to mention the and thanking Oklahoma pro in the portal have been thoughtful disaster-related legal needs that bono volunteers as part of the and creative about finding ways tend to arise every year across the National Celebration of Pro Bono. to use volunteers that meet our state, starting as early as the state- The Access to Justice Foundation current circumstances, offering wide winter storm in February. reiterates that genuine gratitude remote pro bono options such Now is the time for Oklahoma and is here to be an active partner as helping prepare immigration lawyers to recommit to the pro- for any and all seeking to create or forms, conducting virtual medi- fessional standard of providing expand their pro bono practice. ations, offering brief advice and pro bono legal services to those conducting intake interviews in need. Law firms and legal (perfect for law students!). departments should set pro bono ABOUT THE AUTHOR OKProBono.org was created standards for their attorneys and Katie Dilks is executive with the support of the Oklahoma legal staff. Solo and small firm director of the Access Bar Foundation and the George attorneys should be supported and to Justice Foundation Kaiser Family Foundation and at celebrated for the role they play in Tulsa. the request of the Access to Justice in providing access to justice. The Foundation’s legal services part- need is greater than ever, and we ners. With our state feeling the now have a robust infrastructure
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 27 Civil Litigation Estate Planning, Probate and Trust Section Note: Probate Venue (aka Jurisdiction) Is Important: Fulks Overules Walker By Kraettli Q. Epperson
HERE IS A SPECIFIC statute It is easy to understand that, a numerical designation (i.e., from Tin Title 58: Probate Procedure, for the convenience of the probate “FIRST,” “SECOND,” etc., to “1,” Chapter 1: Jurisdiction, Section 5: attorney and their client, it would be “2,” etc.). The Walker COCA deci- Venue of Probate Acts, that identifies useful if the selection of the venue sion concluded such “numbering” the proper county (venue) for filing (i.e., county) for filing a probate change had occurred and reflected a probate or administration case in action in an Oklahoma District Court a “legislative” intent in 1941 to the district courts in Oklahoma. This could be made at the discretion of alter the process for determining probate venue statute contains a five- the attorney. The attorney could take the proper venue, so any county part list that is divided between cases involving a deceased person became acceptable.4 1) decedents who are Oklahoma res- whose residence was located across idents when they die, regardless of the state but file the proceeding in FULKS OVERRULING WALKER where they die (58 O.S. §5(First))1 and the county where the attorney’s law However, this same issue – as 2) decedents who are not Oklahoma office is located. This use of a local to which county was the proper residents at the time of their death venue would save time and fees for jurisdiction and venue for a probate but leave a part of their estate in the client by eliminating travel time. proceeding – was recently addressed Oklahoma (58 O.S. §5(Second)- An attorney would presumably be in 2020 by the Oklahoma Supreme (Fourth)), with a category for “all more willing to take probate cases Court in the case of Fulks.5 other cases” for other non-resident that would be unappealing if filed In the Fulks decision, the circumstances (58 O.S. §5(Fifth)).2 and prosecuted outside the county of Oklahoma Supreme Court held: their office. This option would also 1) there was no legislative change ERRONEOUS RULING expand the pool of attorneys avail- in the priority “numbering” of the IN WALKER able to the client. In addition, a client subsections of the probate venue A 2018 Oklahoma Court of (e.g., personal representative) would statute (such numbering change Civil Appeals case (Walker) held usually find it convenient to be able was made unilaterally by the pub- that the state Legislature had to attend hearings in the county lisher), 2) the probate venue selec- (in 1941) eliminated the need to where they reside instead of travel- tion priorities never changed and determine which county was ing across the state to the county of 3) Walker was expressly “overruled.”6 the proper venue and declared the decedent’s last residence. that – for any person dying while The Walker decision relied on CONTINUING PROPER a resident of Oklahoma – venue a perceived change made in the PROBATE VENUE FOR A was proper in any county in the probate venue statute (58 O.S. §5) RESIDENT OF OKLAHOMA state of Oklahoma, without regard whereby the original numbers for So, if Walker was overruled, to the county of residence of the each of the subsections in the stat- what was the existing law – before decedent.3 ute were changed from a written to Walker – regarding 1) which county
28 | APRIL 2021 THE OKLAHOMA BAR JOURNAL was the proper venue for the con- have jurisdiction in such cases, and that duct of a probate – in particular is the county of which the dece- for a decedent who was a resident dent was a resident at the time of of Oklahoma at the time of death – his death.”8 Note, Presbury speaks and 2) the consequences if the specifically to jurisdiction without wrong venue is selected and judg- limiting the discussion to venue. ments and orders are issued? At least one Oklahoma Supreme The case law that guided such Court case infers that 58 O.S. §5 is (pre-Walker) question is found in a prescribing more than just proper case discussed in Walker and then venue. “We think certain provisions discarded because the underlying of 58 O.S. 1971 §5 are more applicable statute had allegedly been changed. to a consideration regarding the extent The court in Walker admitted, “The of the general grant of probate jurisdic- Oklahoma Supreme Court held in tion made in 58 O.S. 1971 §1 et seq.”9 Presbury, 1923 OK 127, at ¶7, 213 P. at In summary, the holding of Fulks 312, that wills must be proved, and confirms that probates must be letters testamentary or of adminis- filed in the proper county as identi- tration granted, first in the county fied in the probate venue statute (58 of which the decedent was a resi- O.S. §5), and not in just any county. dent at the time of his death.”7 Specifically, if the decedent died as The 1923 Presbury case provided: a resident of Oklahoma, the probate “Where the decedent is a resident of proceeding must be filed in the the state, the court having jurisdiction county of residence. Consequently, to probate his will is specifically fixed an attorney needs to file any by this statute in the county court of probate proceeding in the correct the county in which the decedent was county as set forth in the probate a resident at the time of his death, venue statute, as guided by the and such jurisdiction cannot be shifted holdings in Presbury and Fulks, and about to any other county, near or must disclose to the court the resi- remote, merely by being diligent in dence of the decedent at their death. making the first application for the Under Presbury, for an Oklahoma probate of the will in some other resident decedent, the only county county than that of the residence with “jurisdiction” is the county in of the decedent. Only one county can which the decedent resided.
THE OKLAHOMA BAR JOURNAL POSSIBLE VOID NATURE OF their research and drafting assistance, 1982 §5, reads the same as the current version. JUDGMENTS AND ORDERS although this author takes full responsi- Consequently, the publisher’s changes from words such as “First” to “1” has no affect (sic) on the FILED PURSUANT TO WALKER bility for the conclusions stated herein. statutes’ substantive meaning. Our precedents The Fulks decision was based on vary on construction of §5 based on the variation in facts and circumstances. The present question has an appeal raised in a timely manner, never been addressed by this Court based on the and it reversed the trial court that had change from written to numerical designations. We ABOUT THE AUTHOR would not do so now but for the recent opinion of erroneously followed Walker. Due to Kraettli Q. Epperson is a the Court of Civil Appeals in In re Estate of Walker, its facts, the holding in Fulks fails to partner with Mee Hoge 2018 OK CIV APP 63, 439 P.3d 424, in which the Court of Civil Appeals held that the Legislature had address the situation as to whether PLLP in Oklahoma City. amended the statute so that probate could be filed a judgment or order issued by a He received his J.D. from in any county. We do not agree with this premise, it is overly broad and statutorily inconsistent.” AND probate court in the wrong venue is the OCU School of Law Fulks ¶23: “In In re Estate of Walker, 2018 OK CIV jurisdictionally void and, therefore, in 1978 and practices in the areas APP 63, 439 P.3d 424, the Court of Civil Appeals addressed the venue of probates. Like this cause, subject to being vacated “at any of mineral and real property title Walker, supra, also involved the request to transfer time” beyond the appeal window.10 disputes. He chaired the OBA Title a probate case based upon a change of venue after administration of letters were first made. The As to the ability to vacate such Examination Standards Committee Walker Court noted the original statutory change improper judgment or order after from 1988 to 2020 and taught enactment of 1910, but it incorrectly assumed that the Legislature subsequently amended the statute the period of time allowed for an Oklahoma Land Titles at the OCU to removing priority language of ‘First, Second,’ appeal has lapsed, at least one case School of Law from 1982 to 2018. etc. Thus, Walker’s holding that a priority no longer exists in the statute because of a legislative has held that a probate judgment amendment, and that a probate action may be filed could be vacated after the appeal ENDNOTES in any of the applicable situations listed in §5, was 1. “Wills must be proved, and letters based on an incorrect assumption. As a result, time: “We have repeatedly held that testamentary or of administration granted: First. In the rule suddenly became that probate venue was the false allegation of the jurisdic- the county which the decedent was a resident at proper anywhere in the State of Oklahoma. To the tional fact of residence in probate the time of his death, regardless where he died.” extent that Walker is inconsistent with this opinion 2. “Fifth, in all other cases, in the county it is hereby overruled. Because we hold that Osage proceedings constitutes a fraud where letters for administration is first made.” is the only proper county in which this probate upon the court such as will justify 3. In re Estate of Walker, 2018 OK CIV APP 63, may proceed, we need not address the intrastate 439 P.3d 424; Walker ¶9, “Accordingly, a priority forum non conveniens arguments made by the the vacation of an order or judgment no longer exists in the statute and a probate action daughter.” The Walker case was not approved by under Section 1031(4) above … The may be filed in any of the applicable situations the Oklahoma Supreme Court and, therefore, was listed in §5. As a result, venue was proper in Osage not precedential. 20 O.S. §305, “No opinion of the basis of jurisdiction in both probate County District Court in PB-2012-43, as it was Court of Civil Appeals shall be binding or cited as and divorce cases is residence.”11 the county where application for letters was first precedent unless it shall have been approved by made.” See 58 O.S. §5, “Fifth, in all other cases, the majority of the justices of the Supreme Court “Our statute fixes a limitation of in the county where letters of administration is for publication in the official reporter.” two years to commence a proceed- first made.” In Walker, a probate was completed in 7. Fulks, ¶8. Osage County, although the decedent’s residence 8. Presbury, 1923 OK 127, ¶11, 213 P. 311,312. ing to vacate a judgment because was in Mayes County (proper county); decedent’s In Presbury, a probate was filed in Osage County; of fraud, 12 O.S. 1941 §1038.”12 In wife sought to dismiss the second probate (filed a second probate was subsequently filed in Kay in the correct county) due to non-appeal of the County; the relator in Osage County filed a Motion Meyers, the appellant additionally first probate; the trial court refused to dismiss the to Dismiss the Kay County Court proceedings solely pleaded that the offending under- second probate; on appeal the Oklahoma Court of because the Osage County probate was filed Civil Appeals reversed the trial court and held the first, although it was found the decedent was a lying order was jurisdictionally first probate was valid because the probate venue resident of Kay County at the time of his death; the void ab initio for lack of residency. statute was amended in 1941 to allow a probate for trial court held that the case filed in Osage County a resident of Oklahoma to be filed in any county. was the proper jurisdiction because it was filed first, Having resolved the appeal on 4. Walker ¶8, “Thus, the Legislature prioritized without regard to where the decedent’s residence the initial fraud contention, the venue in which a probate action should be filed was located; the relator on the Kay County probate by its use of ‘First, Second, …’ The Legislature (a county court) appealed to the District Court which Supreme Court did not address subsequently amended the statute, specifically reversed and held that Kay County was the proper the remaining assertions of error.13 removing the priority language.” jurisdiction (as decedent’s residence); on appeal the 5. In the Matter of the Estate of Fulks, 2020 OK Oklahoma Supreme Court denied the application for Until the Oklahoma Supreme 94, 477 P.3d 1143; in Fulks, a probate was initiated a writ of probation and affirmed the District Court’s Court speaks directly to this remain- in Nowata County by the decedent’s spouse with determination that the probate court of Kay County ing point – as to vacating a probate no averment of the decedent’s residency; the was the proper jurisdiction, as decedent’s residence; decedent’s daughter (an heir and devisee), objected See also, Seifert v. Seifert, 1921 OK 282, 200 P. 230. judgment and order two years to the probate being conducted in Nowata County 9. Mitchell v. Cloyes, 1980 OK 184 ¶27, 620 beyond the appeal window for a because the decedent died in Osage County, all P.2d 398, 402. of the decedent’s real and personal property was 10. 12 O.S. §1038, “A void judgment, decree judgment or order that was rendered in Osage County and, she asserted, proper venue or order may be vacated at any time, on motion of in a court without proper venue – was in Osage County under the probate venue a party or any person affected thereby.” statute; the daughter sought to transfer the probate 11. Meyers v. Meyers, 1948 OK 246, ¶8, 199 the answer will remain unclear. to Osage County; the trial court denied the request; P.2d 819, 820-821. the daughter appealed and the Oklahoma Supreme 12. Meyers, ¶18; See 12 O.S. §1038, Court reversed and remanded the case to the trial “Proceedings to vacate or modify a judgment, Author’s Note: Thanks are extended to court directing that the case be transferred to the decree or order, for the causes mentioned in Rusty Brown (Tulsa attorney), Michael county of the decedent’s residence, Osage County. paragraphs 4 [fraud], 5 and 7 of Section 1031 of 6. Fulks ¶12: “The 1982 amendments were this title must be commenced within two (2) years Thom (Oklahoma City attorney) and small changes intended to clarify language relating after the filing of the judgment, decree or order …” Jack Wimbish (Tulsa attorney) for to residency requirements. Title 58 O.S. Supp. 13. Meyers, ¶19.
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Probate Use of a Revocable Living Trust as a Preferable Alternative to Probate: General Observations and Pitfalls to Avoid, Part 1 By Maria Tully Erbar and Andra Erbar Peterson
HIS ARTICLE IS INTENDED repealed estate and gift taxes and almost invariably save the client Tto address some of the poten- there is not even a requirement to (and/or the objects of the client’s tial factual circumstances which in file a federal estate tax return for future bounty) a great deal of time due diligence should be explored, estates whose total valuation does and money in the long run. At this as well as situations where unfore- not exceed $11,580,000,2 and thus juncture, the client needs to know seen circumstances can involve a tax avoidance is usually only a about the relative costs of probate trust in unwanted battles between concern for the ultra-rich. versus the administration and the laws applicable to wills and termination of a revocable trust. contract and property law-based BENEFITS OF A LIVING TRUST Although attorneys charge much principles of trusts.1 Frequently From the topic of estate taxes, more for creation of a trust-centered as a general practitioner, you may you then segue into an intro- “estate plan” than for a simple experience a client wanting some duction to the benefits of a living will, trusts – if properly drafted “estate planning,” but who is igno- trust3 and explain it provides many and maintained – can serve not rant of what the term entails and useful advantages to consider as an only as functional equivalents of usually quite uncertain about any alternative to the traditional pro- a will, but they also, “unlike wills, details relating to the matter. bate method of winding up one’s are management arrangements In these situations, a good post-death affairs and distributing that offer significant benefits place to start is to assess where the the estate. Often, after an explana- unavailable from wills during client is – and then determine her tion that the client does not need to the settlor’s lifetime.”6 estate-planning goals. The client’s base her estate plans on the avoid- It is essential for the attorney starting point might be a concern ance of tax exposure, the client will to be aware of some particular that “the government is going to ask whether or not there is any considerations that may impact take all my money” or “the law- need for an estate plan. She should drafting decisions in formulating a yers and courts will wind up with be told there is such a need, unless trust-centered estate plan. As with most of it anyway.” These cavils she wants to let the court distribute any aspect of the practice of law, are often raised by those clients her estate according to the laws of the first rule of the drafter in prepa- who do not subscribe to publi- intestacy. The two best methods to ration of a trust instrument is to cations such as Forbes, but they achieve the client’s testamentary know the facts. The lawyer should present good opportunities to start goals are either by will4 or through be fully familiar with the client’s a meaningful discussion about the a trust.5 A revocable living trust distributive intent, the extent of client’s estate planning needs. You is usually more efficacious than a her estate, her family status and can disabuse your client of that simple will; it offers more flexibil- her personal history. Knowledge ever-present fear of “death taxes” ity and provides helpful lifetime of these facts is essential research by telling her that Oklahoma has management tools; and it will to enable the attorney to avoid,
32 | APRIL 2021 THE OKLAHOMA BAR JOURNAL insofar as possible, unforeseen all these facts before drafting and only a one-fourth interest. Mary circumstances that could result in executing documents often leads Jane, who was informed by her legal battles with family members to the creation of an imperfect aunt that she and cousin Jimmy or other putative beneficiaries estate plan. For example: Client would share equally in the estate, who believe they were treated wants her home in the country will be extremely disappointed unfairly in the distributive direc- (Blackacre) to be distributed by her aunt’s trust. In the worst- tives of the trust. equally between her nephew, case scenario, Mary Jane will be Several questions should be Jimmy, and her niece, Mary Jane. pounding on your door, writing answered by the client. For exam- However, she has unfortunately bar complaints about you – or even ple, how is title to real property or forgotten to advise that a few consulting another lawyer about other assets that will be put into years ago, she deeded Blackacre to suing you. Foresight and caution the trust held? Are bank accounts herself and Jimmy as joint tenants. can avoid this unfortunate and maintained with a “P.O.D. clause?” If this oversight is not caught and unintended result. What other, alternate arrange- corrected, your client’s transfer Enlarging this hypothetical ments for transfer has the client of her beautiful homestead to the scenario illustrates a flaw (or at erected (perhaps unwittingly) trust will operate only as a sever- least a curiosity) in our existing law: as bars to the efficient and com- ance of the joint tenancy,7 and the suppose that Mary Jane discovers plete administration and ultimate client’s estate-planning revocable this problem only days before aun- transfer of this estate through the trust will possess only a one-half tie would have expired by natural mechanism of her trust? Who are interest as tenant-in-common causes, and in a heated confronta- the named insurance beneficia- while Jimmy will have an equal tion, she kills her aunt. Under this ry(ies)? Does the client have an interest outside of the trust. circumstance, it appears Mary Jane antenuptial agreement? Lacking a Final result: Jimmy has three- would still receive a one-fourth thorough working knowledge of fourths interest, and Mary Jane has interest in Blackacre, although if
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 33 auntie had used a will instead of a trust for distributive purposes, Mary Jane would be out of luck. Oklahoma’s version of the “slayer statute” (84 O.S. §231) clearly bars testamentary inheritance from the After the attorney has been satisfied that she deceased victim of the beneficiary’s wrongful, criminal act, but the statute may not apply to a trust has a clear picture of the terrain upon which distribution.8 Thus, in drafting the trust, one should consider inclusion she will be operating, it will be easier to properly of a clause barring benefits from the trust to anyone who slays the settlor. draft provisions of the trust that comply with The foregoing fiasco in the division of Blackacre presents just the client’s wishes and that anticipate insofar as one example of a troublesome circumstance that might have been possible pitfalls that may later arise before the avoided by careful drafting. There are a plethora of others. The better trust is finally determined and distributed. practice would require the lawyer to independently ascertain how all the client’s property is held, so that necessary and appropriate changes without these investigations into to this question has to be, “it and transfers may be made to the ownership of the intended depends on the circumstances.” enable a seamless and effective trust res. In this event, you should A joint trust can function quite estate plan. Another necessary step recommend the client sign a waiver efficiently for a married couple is to conduct a complete review form that shields the attorney and with no internal family discord, of the client’s family and marital her office from responsibility for no prior marriage or children from history. Has the client been mar- mishaps that might occur because outside the union and no signif- ried before, and could there be any the client provided incorrect or icant separate income or estate lingering transfer restrictions from incomplete information. After the belonging to either of the partners. an earlier divorce? Or was any attorney has been satisfied that she However, the drafter still must be promise ever made (for example, has a clear picture of the terrain cognizant of matters which, if not in a heartfelt, handwritten gradua- upon which she will be operating, discussed at the time of prepara- tion note) that auntie was going to it will be easier to properly draft tion of the estate plan, may well give Mary Jane a million dollars? provisions of the trust that com- become troublesome hurdles at a Is there another child from some ply with the client’s wishes and later stage of the estate plan. For earlier liaison who, though never that anticipate insofar as possible example, the perennial worry in in attendance at family gatherings, pitfalls that may later arise before such a situation seems to be that might surprisingly show up on the the trust is finally determined and after the first spouse dies, the sur- courthouse steps? distributed. In the remainder of viving spouse will marry again, These are just some of the rea- this article is a very brief survey of and the focus of attention may sons you should employ a detailed some – though certainly not all – of move away from the children of questionnaire to be completed by the legal quagmires to anticipate the first union. What will prevent your estate planning clients. All and (if possible) to avoid.9 the surviving spouse from chang- these circumstances and more ing the distributive terms of the need to be explored, and the time CIRCUMSTANCES OF A (formerly) joint trust? and effort such exploration will MARRIED COUPLE Here are some suggestions to take needs to be factored into what Let us begin with the circum- avoid such a disruption of the the client will be charged. Once stances of a married couple. Do estate plan. A joint trust (often this is explained to the client, she they want a joint (or “marital”) called something like “The Smith might decide there is nothing to trust or two separate trusts, each Family Trust”) clearly should state worry about and opt to proceed mirroring the other? The answer that it is contractual in nature and
34 | APRIL 2021 THE OKLAHOMA BAR JOURNAL origin, that it is to provide for annual income interest as an inher- a “joint and mutual” instrument the settlors during their lifetimes itable interest or by descent, but as when one party seeks a change to with the survivor continuing to be current, named beneficiaries – that its terms by claiming a forced share cared for and to have the continu- is, by purchase rather than by descent. under the forced heir provisions ing right of day to day trust man- Thus the trust, which by its terms of intestate succession.16 Do the agement, but that amendments becomes irrevocable upon the trust’s terms prevail over spousal can only be made by joint action of death or incapacity of the first trus- elections? Under the principles the settlors/trustees so that upon tor, cannot be transformed back discussed previously related to the death or incapacity of the first into a revocable status except upon circumstances where the trust of them, the trust becomes irre- agreement of the surviving spouse indenture created parties vested vocable, and its terms – including and all named children, according with an interest earned other than designation of the final beneficiaries – to the requisite terms of the gov- by descent, inclusion of all assets are fixed contractually.10 erning statute.14 The case of In re within the inter vivos trust leaves In order to fully protect the cli- Living Trust of Reid15 offered a sim- no property upon which a pro- ent’s trust concerning the irrevoca- ilar result (upholding the integrity bate administration could be had. bility issue, it is advisable the trust of the original trust) in a circum- Further, were the surviving spouse instrument denotes the final ben- stance wherein an amendment that to attempt to create an administra- eficiaries (that is, the children of changed the ultimate disposition ble estate for distributive purposes the marriage who might otherwise of assets, but which was offered contrary to the terms of the trust, be lumped in the “by descent” subsequent to the grantor’s death in (an event analogous to the case in grouping and constituting only an attempt to achieve a distributive Robison, supra), participation in and the remainder interest) and also outcome was rejected. The court receipt of benefits under the trust that it provide those beneficiaries stated “where the settlor reserves should be viewed as an estoppel a small, annual income in order to the right to amend a trust during barring such act. establish in them a present interest his or her lifetime, and conditions Issues of surviving spousal by purchase. This drafting sugges- effect of the amendment on a writ- powers or of reconciling trust tion is in response to Section 175.41 ten notice of the change delivered provisions with the spousal elec- of the Oklahoma Trust Act11 that to the trustee, but while living fails tion pale when measured against requires all holders of an interest to deliver the notice to the trustee, the fallout that arises when trust by purchase to agree to revocation the undelivered amendment is provisions collide with the laws of a self-styled “irrevocable trust.” ineffective to alter the terms of the governing property division upon It is the “by purchase” proviso trust. To hold otherwise absent a the dissolution of the marital that is the source of potential specific trust provision permitting union. Do the distributive trust trouble, because this means that amendment by will would permit provisions (and for that matter, if children only have a contingent the modification of a trust – the status of the property held interest in the remainder, they take although subject to amendment, by the trust) remain – or does the such interests by descent, and the modification or revocation during the divorce tear them asunder with surviving spouse would be the only life of the settlor – after the trust the marriage? Can the rights of a interest holder whose consent is nec- by its own terms became irrevo- third-party beneficiary established essary to invoke the formerly “joint” cable and immutable to change upon in an antenuptial agreement be decision to revoke (or amend) settlor›s death.” By so ruling, the enforced following the divorce the trust. Fortunately, Black’s Law Trust of Reid court erected another of the contracting parties? What Dictionary provides us with a defi- circumstance to bolster the perma- is the significance of “property nition of an interest “by purchase” nence and irrevocability of a trust acquired by joint industry during as an “acquisition ... by any means instrument, based upon adherence coverture” in the context of wills whatever except by descent,” which to the contractual terms within the and trusts? Does marital property definition has been recognized by instrument itself. retain its marital character upon Oklahoma in Oklahoma City v. Board its transfer into a trust? What pro- of Education of Oklahoma City,12 citing OTHER CHALLENGES tections for pretermitted heirs and Kohl v. United States.13 TO OVERCOME surviving spouses can be imple- In this suggested iteration of the There are other challenges to mented in drafting a revocable proposed subject trust, the chil- be overcome, including issues trust? The attorney should antici- dren would not take their present concerning the enforceability of pate all of the questions raised in
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 35 this article in connection with the their circumstance feels no different than pre-trust. exercisable by the victim. ... These are all examples use of a revocable trust in estate However, by electing a trust-centered estate of problem areas that a slayer statute should plan, they have (hopefully) eliminated the need specifically address.” (Footnotes omitted.) planning, along with other issues to ever use or be subject to a guardianship or 9. The reader will no doubt notice the several and drafting suggestions that will conservatorship, invoking provisions of a Power of references to and discussion about probate cases Attorney, and eventual court supervision of their in the following discussion. Trust and wills are both be addressed in a future article. estate during the probate process. You should methods whereby a person can accomplish, inter include a durable POA, nomination of guardian alia, a directive for passing her estate to others and pour-over will in every estate plan, but, upon her demise. Wills and related probate (wills Author’s Note: Ms. Erbar wishes to with due diligence and careful drafting – and and intestate succession) have a much longer and acknowledge her gratitude to the late the client’s careful attention to a few practical more varied history; it is often upon these cases details – these documents may very well never be that current conflicts are decided, and it is often Patricia Flanagan for her encourage- utilized. Other useful benefits of a trust-centered useful to attempt to analogize from probate to trust ment in the development of this article. plan include the ability to plan for interactions law. The effort is commendable – and probably with Medicaid, for a special needs trust and the best path through unexplored territory – but other specialized purposes that are not covered results are not always the same. “... [T]he trend in in this article. A trust requires a settlor, object, both statutory and case law is to subject trusts, beneficiary and any necessary operating and and persons interested in them, to the same law ABOUT THE AUTHORS ending instructions; there is any number of that would apply if the settlor had instead used a Maria Tully Erbar is basic forms to be found as drafting aids. This will to provide for the disposition of her property at article does not deal with the routine structural her death. ... while there are many revocable trust a solo practitioner details, as they are widely available to the general issues that are being, and should be, resolved by at Maria Tully Erbar, practitioner. Rather, attention is paid to additional, reference to the law of wills, there are many others particular aspects and considerations that may for which that is not the case.” Newman, op cit. Attorney at Law P.C. impact certain drafting decisions concerning your 10. As a caveat, it should be pointed out in Oklahoma City. client’s trust-centered estate plan, other than that although contractual provisions in joint and the aforementioned tax-planning possibilities. mutual wills have been recognized and upheld Her practice is focused primarily on Also, this article does not venture into the many by Oklahoma courts, the provisions of 84 O.S. probate, trusts, guardianships and management tools and efficiency arrangements §52 (allowing for revocation of joint and mutual that a trust can offer while the settlor still lives. wills) notwithstanding, the cases are not without family law matters. Ms. Erbar is a 4. Needless to say, of course, there is always difficulties. In Matter of Estate of Whiting, 1990 member of the OBA Estate Planning, an essential part of the trust-centered estate plan OK CIV APP 6, 789 P.2d 255, the Court of Appeals Probate and Trust Law Section, as that is a will – the too often underused “pour- reasoned the statutory language “cannot, in our over” variety. A pour-over will, discussed in the opinion, be expanded to prohibit people from well as the Family Law Section. second installment of this article, acts as a very validly contracting to achieve irrevocability of After attaining her M.A. in vocal useful guard against possible subsequent trouble their mutual wills.” Later in the same year (1990), from omissions to the trust or after-acquired the Supreme Court seemed to add a requirement performance from OU, Andra Erbar property, but the will is a prophylactic rather than upholding the contract irrevocability in cases Peterson spent several years singing a driving force for the estate plan. where the surviving spouse had benefitted by 5. [A revocable trust is] “... an ambulatory taking under the joint will, as a form of ratification professionally. She is a 3L at OCU instrument that speaks at death to determine the by estoppel, in Robison v. Graham, 1990 OK 93, Law with interests in wills and disposition of the settlor’s property.” Matter of 799 P.2d 610. A similar issue is addressed in the Estate of Tisdale, 855 N.Y.S.2d 809 (Sur. Ct. 1997). Trust Act at Section 175.41, discussed below. estates, family law, health law and 6. See generally, Newman, op cit. 11. The act is found at 60 O.S. §§175.1 et seq; immigration law. She is currently 7. Shackelton v. Sherrard, 1963 OK 193, §175.41 reads: “Every trust shall be revocable by 385P.2d 898: A joint tenancy terminates upon the trustor, unless expressly made irrevocable by a legal intern for Oklahoma Family “any act which is inconsistent with its continued the terms of the instrument creating the same. Network and Oklahoma City County existence.” A deed by one joint tenant to a third Provided, that any trust may be revoked by the party severs the joint tenancy and creates a trustor upon the written consent of all living Health Department and is a tenancy in common. The “four unities” required persons having a vested or contingent interest licensed realtor. to establish and maintain a joint tenancy are therein. The term ‘contingent interest,’ as used still alive and well in Oklahoma. See Valdez v. in this section, shall include an interest which a Occupants of 3908 SW 24th Street, Oklahoma City, beneficiary may take by purchase, and exclude ENDNOTES 2011 OK 99, 270 P.3d 143. any interest which a beneficiary may take by 1. See generally, Newman, Alan, “Revocable 8. The statute does not specifically mention descent. Provided further that this section shall Trusts and the Law of Wills: An Imperfect Fit” (2008), trust distribution, and the closest it comes is not apply to a spendthrift trust unless same is Akron Law Publications, 169, https://ideaexchange. the statement that reads, “No person ... shall ... created by the trustor for his own benefit.” uakron.edu/ua_law_publications/169. receive any interest in the estate of the victim ...” 12. 1938 OK 1, 75 P.2d 201. 2. As of 2020, this was the threshold amount However, it could well be argued that a trust 13. 91 U.S. 367, (1875) 23 L. Ed. 449. above which a requirement for filing operates. distribution is not from the estate of the deceased, 14. See Harrison v. Johnson, 1956 OK 201, This amount increases to $11,700,000 with the but from a separate and distinct entity previously 312 P.2d 951. advent of 2021. The amount includes the total of created by the deceased. The reader is directed 15. 2002 OK CIV APP 49, 46 P.3d 188. the taxable valuation of the deceased’s estate and to an excellent article by Judge Gregory C. 16. 84 O.S. §44. prior taxable gifts. See IRS website and related Blackwell, “Property: Creating a Slayer Statute statutes and regs for details. Oklahomans Can Live With,” 57 Okla. L. Rev. 3. “Living trust” is the term commonly and _, (2004) wherein the deficiencies of the widely applied to revocable trusts wherein the current statute are thoroughly discussed. The settlor retains complete control while living article suggests we should shift our language to and compos mentis. They also provide for the “expectancies” and says in part: “There are some disposition of the settlor’s estate upon death but rights that are expectancies upon which everyone can also provide for the settlor’s personal use can agree. Rights gained under a will, through of her largesse during her life, her maintenance intestacy, and by contract all traditionally fall into without court oversight in the event of her this category. Some rights are more difficult to subsequent incapacity or incompetence and can categorize, such as the right of survivorship in also usually offer the benefit of privacy to the jointly owned personalty, powers of appointment, settlor and her family with respect to dispositive irrevocable trusts, other will substitutes, vested plans for her assets. Clients invariably find that remaindermen, and cases where “a donor names once they get their trust set up and functioning, the slayer as a default taker, subject to a power
36 | APRIL 2021 THE OKLAHOMA BAR JOURNAL
Bar News Judicial Nominating Commission Elections Nomination Period Opens
HE SELECTION OF qualified 2021 ELECTIONS and cast their votes. The framers of the Tpersons for appointment to the This year there will be elections for constitutional amendment entrusted judiciary is of the utmost importance members in Districts 5 and 6. District to the lawyers the responsibility of to the administration of justice in this 5 is composed of Oklahoma County, electing qualified people to serve on state. Since the adoption of Article 7-B excluding eastern Oklahoma County the commission. Hopefully, the lawyers to the Oklahoma Constitution in 1967, and south of 89th Street. District 6 is in Congressional Districts 5 and 6 will there has been significant improvement composed of 23 counties in the north fulfill their responsibility by voting. in the quality of the appointments central and northwestern part of the to the bench. Originally, the Judicial state, as they existed in 1967. (See OBA PROCEDURES GOVERNING Nominating Commission was involved the sidebar for the complete list.) THE ELECTION OF LAWYER in the nomination of justices of the Lawyers desiring to be candidates MEMBERS TO THE JUDICIAL Supreme Court and judges of the Court for the Judicial Nominating Commission NOMINATING COMMISSION of Criminal Appeals. Since the adop- positions have until Friday, May 21, 1. Article 7-B, Section 3, of the tion of the amendment, the Legislature 2021, at 5 p.m. to submit their nominat- Oklahoma Constitution requires added the requirement that vacancies ing petitions. Members can download elections be held in each odd num- in all judgeships, appellate and trial, petition forms at www.okbar.org/jnc. bered year by Active members of the be filled by appointment of the gover- When submitting a nominating peti- Oklahoma Bar Association to elect two nor from nominees submitted by the tion, candidates should include a biog- members of the Judicial Nominating Judicial Nominating Commission. raphy of 100 words or less and a photo Commission for six-year terms from The commission is composed of (preferably both digital). For additional Congressional Districts as such districts 15 members. There are six non- details and a sample bio format, email existed at the date of adoption of Article lawyers appointed by the governor, Debbie Brink at [email protected]. 7-B of the Oklahoma Constitution (1967). six lawyers elected by members of the Ballots will be mailed June 4, 2021, 2. Ten (10) Active members of the bar, and three at large members, one to active attorneys in good standing Association, within the Congressional selected by the Speaker of the House in Congressional Districts 5 and 6, as District from which a member of the of Representatives; one selected by the they existed in 1967. Ballots must be Commission is to be elected, shall file President Pro Tempore of the Senate; received at the Oklahoma Bar Center with the Executive Director a signed and one selected by not less than eight by 5 p.m. June 18, 2021. Ballots will be petition (which may be in parts) nom- members of the commission. All serve tabulated on June 21, 2021. Elections inating a candidate for the Commission; six-year terms, except the members results will be posted June 21, 2021. In or, one or more County Bar Associations at large who serve two-year terms. the event of a runoff, the ballots for within said Congressional District Members may not succeed themselves the runoff election will be mailed may file with the Executive Director a on the commission. The lawyer mem- June 25 and the deadline for their nominating resolution nominating bers are elected from each of the six return is 5 p.m. July 16, 2021. Those bal- such a candidate for the Commission. congressional districts as they existed lots would be tabulated on July 19, 2021. 3. Nominating petitions must be in 1967. (Congressional districts It is important to the administra- received at the Bar Center by 5:00 P.M. were redrawn in 2011.) Elections are tion of justice that the OBA members on the third Friday in May. held each odd-numbered year for in the Congressional Districts 5 and 6 4. All candidates shall be advised members from two districts. become informed on the candidates of their nominations, and unless they
38 | APRIL 2021 THE OKLAHOMA BAR JOURNAL indicate they do not desire to serve 8. If there are three or more candi- and certified at 9:00 A.M. on the Monday on the Commission, their name dates, the candidate who receives forty following the third Friday in July. shall be placed on the ballot. percent (40%) or more of the votes cast, 11. Those elected shall be imme- 5. If no candidates are nominated for shall be declared the winner. If two can- diately notified, and their function any Congressional District, the Board of didates receive more than forty percent certified to the Secretary of State Governors shall select at least two candi- (40%) of the votes each, the candidate by the President of the Oklahoma dates to stand for election to such office. with the highest number of votes Bar Association, attested by the 6. Under the supervision of the shall be declared the winner. Executive Director. Executive Director, or his designee, 9. In case a runoff election is nec- 12. The Executive Director, or his ballots shall be mailed to every Active essary in any Congressional District, designee, shall take possession of and member of the Association in the runoff ballots shall be mailed, under the destroy any ballots printed and unused. respective Congressional District on supervision of the Executive Director, 13. Following the approval of the first Friday in June, and all ballots or his designee, to every Active member these procedures, the election must be received at the Bar Center by of the Association therein on the fourth procedures, with the specific dates 5:00 P.M. on the third Friday in June. Friday in June, and all runoff ballots included, shall be published in all 7. Under the supervision of the must be received at the Bar Center by print and electronic publications Executive Director, or his designee, the 5:00 P.M. on the third Friday in July. of the Oklahoma Bar Association ballots shall be opened, tabulated and 10. Under the supervision of the and placed on the Oklahoma Bar certified at 9:00 A.M. on the Monday Executive Director, or his designee, the Association website until the dead- following the third Friday of June. runoff ballots shall be opened, tabulated line for filing nominating petitions.
District No. 5 District No. 6 Oklahoma (Part)* Alfalfa NOTICE *Part of Beaver Oklahoma Beckham County Blaine Judicial Nominating Commission Elections EXCLUDING: Canadian Choctaw Cimarron Congressional Districts 5 And 6 Harrah Custer Luther Dewey Nominations for election as members of the Judicial Nominating Commission from Midwest City Ellis Newalla Garfield Congressional Districts 5 and 6 (as they existed in 1967) will be accepted by the Nicoma Park Grant Executive Director until 5 p.m., Friday, May 21, 2021. Ballots will be mailed June 4, Spencer Harper South of 89th Kay 2021, and must be received at the Oklahoma Bar Center by 5 p.m. on June 18, 2021. Street Kingfisher Lincoln Logan Major Noble Payne Roger Mills Texas Woods Woodward
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 39 Legislative News Session Update By Miles Pringle
N MARCH 23, THE to follow the legislative process authorized spending an additional OLegislative Monitoring online. Luckily there are a lot of $1.2 billion on next year’s budget. Committee hosted – virtually – the great ways to access the Legislature This projected uptick will help OBA’s annual Day at the Capitol without being physically present. the Legislature fund Medicaid that can still be accessed online So, what is going on in the expansion. There has been a lot (approved for 2 hours of MCLE Legislature? The first bill signed of discussion on what else the credit). We were unable to actu- into law was SB 1031, which funds can be put toward, includ- ally visit the Capitol this year, but amended procedures for the ing investments in core services, the program still provided a lot Open Meetings Act. Regarding new tax cuts and replenishing of great information on the 2021 other legislation, generally, bills rainy day funds tapped during Legislative Session, including how were required to be out of their the pandemic. house of origin on If you are interested in getting March 11 and have more involved with the Legislative until April 22 to Monitoring Committee, I encour- pass the opposite age you to join the committee! house. Everything You’ll find the link to sign up on is all set to be www.okbar.org. Our next event wrapped up by will be the Legislative Debrief in May 28. Be aware August when we will learn about that just because many of the bills that pass. a bill does not pass this year does not mean it ABOUT THE AUTHOR goes away. The Mr. Pringle is general current session is counsel for The Bankers the First Session Bank in Oklahoma of Oklahoma’s City and serves as the 58th Legislature. Legislative Monitoring Bills filed this cur- Committee chairperson. Contact rent session may him through the committee’s be revisited next Communities page online in year in the Second MyOKBar. Session of the 58th Legislature. Oklahoma received good news earlier this year when The bronze statue, As Long as the Waters Flow, by artist the Oklahoma Allan Houser graces the grounds of the Oklahoma State State Board of Capitol Building. Equalization
40 | APRIL 2021 THE OKLAHOMA BAR JOURNAL
OBF-OBA Project Oklahoma Mock Trial Goes Virtual By Andrea Medley
From left McAlester High School Team Black members Olivia Harkins, Emily Collins, Caleb Brown, Maria Fassino, McKinsey Tighe, Raksha Tabada and coaches Nicole Green and retired Judge James Bland display their Oklahoma High School Mock Trial Program championship trophy.
42 | APRIL 2021 THE OKLAHOMA BAR JOURNAL HE OKLAHOMA HIGH TSchool Mock Trial Program went virtual in 2021. Last fall, faced with a decision to either forego competition this year or attempt a virtual competition season, the Mock Trial Committee began the daunting task of putting together a virtual competition. Equipped with the funding and support of the Oklahoma Bar Foundation, the committee purchased a software platform to host Oklahoma’s first virtual mock trial competition. The software allowed us to remotely manage the competition with the use of electronic ballots, real-time monitoring of multiple virtual courtrooms and quick round results and team rankings. There were many obstacles to Kerah Ward, with Broken Arrow Team Black, won the best courtroom artist award. overcome this year beyond learn- ing the software and the practical and despite all the hindrances this one of them ends up dead from an logistics of virtual trials. There year, they did not miss a beat. The alleged roping accident, first-degree were technical issues, slow or attorneys who navigated the vir- murder charges are levied against dropped connections and every tual world, many for the first time, the surviving descendant. The imaginable type of noise dis- hopefully learned some new tech- witnesses included a local reporter, traction. If that was not enough, nology skills to use in their own the investigating police officer, Oklahoma experienced unprec- practice in the increasingly virtual dueling medical examiners and edented winter weather during nature of the practice of law. the defendant. crucial weeks of the competition The competition used an origi- There were 30 teams from 18 that resulted in rolling power nal case written by the Mock Trial different high schools across the outages during competition and Committee. It was a criminal case state that competed this year. Over lack of heat and water not only for involving a long-standing family 200 attorneys from across the state the teams but also attorneys and feud between two families that donated their time to learn the volunteers. We quickly learned arose over a botched hanging in software platform and score the Oklahoma high school students the 1800s. When descendants from virtual competition using elec- are resilient! The students adapted each of the feuding families are tronic ballots. The competition well to the virtual competition, together in the rodeo arena, and consisted of nine days of virtual
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 43 competition, with two to four virtual new to the mock trial program. Witness award for the prosecution), courtrooms running simultane- Last year, the school had two teams Draven St. George and Seth Wyrick. ously on each competition day. rank in the top eight, and their The final rankings for the Dedicated volunteers and commit- Team White was ranked in the remaining teams that competed tee members worked long hours top eight this year. Owasso High in the semifinal round are: sitting in front of their computers, School is no stranger to the finals, overseeing the courtrooms and producing state champion teams 3rd Place – Classen School of managing all the administrative for the past three years. Owasso Advanced Studies, Oklahoma work that comes with putting on finished the competition with three City the competition. teams in the top eight this year. 4th Place – Jenks High School Team Circus 5th Place – Bishop Kelley High School Team Red, Tulsa 6th Place – Owasso High School Team Boseman 7th Place – Owasso High School Team Brown 8th Place – McAlester High School Team White
As the reigning state champi- ons, McAlester High School Team Black will represent Oklahoma at the National Mock Trial Competition, which will be held virtually in May. I have no doubt Oklahoma will be well represented on the national stage by this talented team. In the program’s 41-year history, it was first time the competition was held virtually. Our courtroom artist competi- FINALS AND STATE McAlester Team Black is tion continued to thrive in its third CHAMPIONS coached by teacher Nicole Green year. With four submissions this On March 2, the two top- and attorney coach James Bland. year, the winning entry came from ranked teams competed in the Team members are Caleb Brown Kerah Ward from Broken Arrow virtual championship round. For (recipient of the Best Witness award Team Black. the first time, the final round was for the defense), Emily Collins, livestreamed on YouTube. The case Maria Fassino, Olivia Harkins FINAL THOUGHTS was presented to a distinguished, (recipient of the Best Attorney I continue to be amazed at virtual panel of judges, who were award for the defense), Kamden the dedication of the mock trial Presiding Judge Shon T. Erwin, McKelvey, Kirstyn Santino, Raksha community and its willingness to Judge Charles Goodwin, Judge Tabada and McKinsey Tighe. participate in this program year Dana Kuehn, Judge Janice Loyd, Owasso Team Lewis is coached after year. There is no way to list retired Judge Glenn Adams and by teacher Dustin DeVore, Judge every person who contributed to Judge Martha Rupp-Carter. Daman Cantrell and attorney making this a successful season. The finals match-up this year coaches Ken Underwood, Meagan I do want to recognize and thank was Owasso High School Team Murdock, Kaylind Baker and law the Oklahoma Bar Foundation, Lewis versus McAlester High student Nick Hazelrigg. Team which funds the mock trial pro- School Team Black. McAlester members are Terressa Evington, gram through the generosity of defeated Owasso to claim the Morganne Grobe, Kayla Gross, Oklahoma lawyers. Thank you title of Oklahoma High School Marley Hutchins (recipient of the to the Mock Trial Committee for Mock Trial champion. This was Best Attorney award for the pros- your time and effort and a special McAlester High School’s first time ecution), Brooke Myers, Shreya thanks to Kevin Cunningham, the in the finals; however, they are not Rohatgi (recipient of the Best talented architect of the original
44 | APRIL 2021 THE OKLAHOMA BAR JOURNAL case this year. As always, a hearty virtual hug to our Mock Trial Coordinator Judy Spencer. She MOCK TRIAL COMMITTEE Dan Crawford Andrea Medley, Chairperson Sandy Crosslin continues to be the guiding star Brittany Hayes Deirdre Dexter of Oklahoma mock trial. Todd Murray Kara Didier Closing the chapter on another Michael Nesser Monica Dionesio great season of mock trial, I Nathan Richter Allyson Dow remain cautiously optimistic for Gessica Sewell Joshua Edwards the return to in-person competi- Orion Strand Damon Freeman tion next year. In the meantime, Weston Watts Michele Freeman the Mock Trial Committee is Charles Geister ATTORNEY COACHES Tim Gilford already formulating a plan for Stacy Acord Aaron Goodman the creation of our own software Luke Adams David Guten platform to manage future com- John Andrew David Hale petitions. If you are interested in Clifton Baker Howard Haralson being a part of the committee or James Bland Shane Henry volunteering for mock trial next Judge Daman Cantrell Ginny Henson year, email [email protected]. Jenny Proehi-Day Steven Holden Angie Dean Ginny Johnson Jeff Fischer Reign Karpe Cliff Heckert Shelley Levisay ABOUT THE AUTHOR Judge Brian Henderson Kevin Lewis Andrea Medley practices A. J. Hofland Kristy Loyall in Tulsa and serves Mike Horn Katie Magee as chairperson for the Quaid Johns Paige Masters Oklahoma High School Judge Douglas Kirkley Tom Manning Mock Trial Committee. Tim Maxcey Daryan Martinez Morgan Medders April Moaning Judge Tim Mills Mike Mordy Lacie Lawson Tom Mullen Matt Sheets Earl Ogeltree Desmond Sides Liz Oglesby Connie Smothermon Tina Peot Richard Smothermon Catherine Petersen Jennifer Stall Paiten Qualls Melanie Tijerina Jillian Ramick Ken Underwood Dale Rex Timila Rother PRESIDING AND SCORING Jacob Rowe PANELIST VOLUNTEERS Andrea Rust Glenn Adams Kathryn Savage Cindy Alexander Mark Schwebke Kaitlyn Allen Thomas Showman Mitch Allen Angela Smith Lynn Anderson Nicole Snapp-Holloway Nikki Baker Joshua Stockton Jerry Bass Kendall Sykes Lewis Berkowitz Laura Talbert Howard Berkson Sam Talley Kelly Bishop Tsinena Thompson Cody Bowlin Tracy Turner Elizabeth Brow Georgenia Van Tuyl Shandi Campbell Laina Vaugh David Cheek Jeff Virgin Michael Chitwood John Wiggins Jason Christopher Connie Wolfe Aaron Compton
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 45 From the Executive Director 2019 Ain’t What It Used to Be By John Morris Williams
ITH COVID-19 NUMBERS large firms downsizing office Large employers, such as Google Won the decline and the space or letting existing leases and Microsoft, easily shifted to release of a third vaccine, things expire. The goal was to mini- employees working off-site. A sig- are looking up a bit. I recently mize overhead when most of the nificant number of those employ- heard the only thing that spreads lawyers and support staff were ees, without being tethered to a faster than a virus is hope. There working from home. The need to physical worksite, moved to other is some truth to that I suppose, cut overhead was real, given that states where the cost of living and whether it be actual hope or false the demand for legal services was the environment was more pleas- hope. There is even a school of down. Thankfully, since those ing to them. Specific technology thought that says hope is measur- days, the demand for legal ser- jobs may be more transportable able. Perhaps I should have taken vices has increased. Also, the way than the provision of legal ser- that test before I wrote this article. legal services are delivered has vices, but there is a theme devel- My thought is that 2019 ain’t what significantly changed. oping here that we cannot ignore. it used to be, and it is never going Long-distance travel to meet It is not going to be 2019 all over to be like that again. with clients or conduct discovery again when the pandemic passes. I am often hearing the words, and even in-person court appear- It was never going to be. However, “When things return to normal.” ances have not rebounded at the 2021 may expose opportunities we The reference is intended to be same rate as the overall demand might not have anticipated. how things were in 2019. Maybe for legal services. As things return The time and cost savings we should have measured global to “normal,” some things may be of virtual client meetings and hope back then and compared it to forever changed. elimination of travel to physical now. My guess is that 2019 would courtrooms may assist in creat- not have tested as a banner year PERMANENT SHIFT? ing greater access to justice. The of hope either. I suggest we are Silicon Valley may be an indi- efficiencies of allowing clients to not going back to 2019, and absent cator of how the business world not be absent from work and not COVID-19, we were never going may have permanently shifted. having to have transportation to a to replay 2019 in 2021. The world without a pandemic was already set on a course of significant and lasting change. History repeatedly tells us that times of disruption do not destroy the laboratories of ideas and inno- Law firms in small to midsized legal markets vation. In fact, times of upheaval tend to force societies to find new may also find themselves able to compete ways to adapt and progress when the environment is stable and fer- in larger markets as clients have become tile enough to venture out. Last spring, as the country accustomed to no, or very little, actual physical began the COVID-19 shutdown, legal news carried stories of very proximity to counsel.
46 | APRIL 2021 THE OKLAHOMA BAR JOURNAL lawyer’s office can be meaningful on the physical location of lawyers to a great number of people. This and lowering of overhead to main- is, of course, dependent on clients tain or gain a competitive edge. having the technology to connect Whatever the future brings, to lawyers and law offices. Most we at the OBA want to be with do, even if it is with a cell phone. you and assist you in meeting the Law firms in small to midsized opportunities of change. 2019 ain’t legal markets may also find them- what it used to be, and it is not ever selves able to compete in larger going to be again, but the OBA will markets as clients have become be the same organization always accustomed to no, or very little, changing to enhance the profes- actual physical proximity to counsel. sional lives of its members. Of course, these engagements will require proper licensing if multiple jurisdictions are involved. There are opportunities that likewise can work in the other direction, allow- ing lawyers in large, urban areas To contact Executive Director to serve and represent clients in Williams, email him at johnw@ remote areas. I suspect economics okbar.org. may continue to play a large role
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 47 Law Practice Tips Best Practices for Attorney- Client Communication By Jim Calloway
OMMUNICATION IS Csomething we all do every day. Some days we do it better than others. We have all had the experience of making some state- ment we immediately wish we could take back. Most of us would admit we could invest some time improving our communication skills. Managing your professional communications with clients is a critical skill and business process for lawyers today. We have all heard the truism that the greatest single source of complaints against lawyers is failing to communicate. This used to largely mean failing to return phone calls. But now, as readers are aware, there are numerous the client doesn’t get a response to are often a symptom of a deeper technology-based paths a client their inquiries, a client’s attitude problem. Whether it is research can use to communicate with you. can rapidly go from offended to revealing the legal theory of the The fact that there are so many angry to worried that something case is problematic or something methods of communication can has gone wrong with their legal worse, like a statute of limitations or make tracking and responding matter. The client may forgive the court deadline having been missed, to client inquiries more chal- communication failure, but they allowing the client to become lenging. It is appropriate to limit also may not forget. Damaging the frustrated or even angry with the the clients’ use of some of these bond of trust between attorney and lawyer just makes the situation methods. Just because a client client is something we all want to worse. Negative news must still be first contacted a law firm via its avoid. If the client feels they have communicated promptly. So, let’s Facebook page doesn’t mean it been avoided and ignored at times cover some ways to improve your is appropriate to use Facebook during the representation, the cli- law firm’s client communication. Messenger to communicate ent may be more skeptical of the during the representation. lawyer’s recommendation about Bad or nonexistent communi- the resolution of the matter. cation with clients has many other Those who investigate attorney negative consequences. If a critical misconduct are well aware that phase is underway in litigation and lengthy gaps in updating clients
48 | APRIL 2021 THE OKLAHOMA BAR JOURNAL ALL SIGNIFICANT CLIENT accurately, documentation in the appearance, seeing that someone COMMUNICATION MUST client file is your best, and some- from your office discussed the date BE DOCUMENTED IN THE times only, defense. with them personally last week CLIENT FILE We must communicate with brings a measure of comfort to the It may not be possible to be the client during representation lawyer even as the lawyer deals perfect at that as sometimes to assist our client in making with the situation. we advise clients at nights and good, strategic decisions. We must Digital communications like weekends by phone or run into document client communications emails, text messages and voice- them unexpectedly in public so we and others working on the mails provide an accurate account and discuss their matter. Some matter in our law firm understand of communication, but these are omissions in documentation will the matter’s status. We must also only valuable if one can locate occur, but you do want to strive document client and third-party them when needed. So, most for perfection. The simple fact is a communications in the file for of these need to be retained in lawyer who handles many matters our own self-protection. some manner. Some things can for many clients over many years be printed out to be included in a will not be able to remember the DELEGATION OF traditional paper-based client file, details of every matter. That’s why COMMUNICATION TASKS but some have to be retained in lawyers have long maintained cli- CAN IMPROVE EFFICIENCY their native format. ent files containing the documents There will be times when an I have noted before that enter- associated with the case. important project has to be com- prise texting tools, like ZipWhip, A lawyer needs to review the pleted, or there are other reasons can be used to retain all text mes- client file for the language in why you cannot return a client’s sage communications.1 These tools contracts, correspondence and telephone calls. If your law firm also provide the benefit of allow- other documents. It is unlikely you employs secretaries or legal assis- ing others to log in to assist with will always recall accurately the tants, they can assist you with managing text messages. Law details of every phone conversation client communications as long firm websites that have a “text or personal discussion with the as they understand the principle us” feature on their website most client unless you have good notes noted above – if they don’t docu- likely use enterprise texting tools in the client file. A lawyer will ment their communication with the with staff members assigned to handle many legal matters over a client in the client file, then it is like check the “inbox” at the beginning career. The client may only have it never happened. Often, a good of each day and during each day. one legal matter. Should a dispute assistant can handle some of these Practice management software later arise, the client will have very returned calls completely, such as a tools make it easier for everyone clear memories of every conversa- client who isn’t sure of a court date working on a client file to docu- tion with their lawyer about their or deadline. These are precisely the ment their communications easily. divorce case or their neighbor type of communications that you suing them. If you believe the client want to document in the client file. is not recalling the communication If the client fails to make a court
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 49 WHAT IS THE do and, often more importantly, USE SIMPLE AND LAWYER’S VALUE? what they are not supposed to do. CLEAR LANGUAGE We provide legal services and Stress on the part of a receiver For consumer clients, use a solutions to problems based on of the message is one of the classic middle school vocabulary level to our knowledge and training. communication barriers. The more improve readability. Avoid legal Legal services often relate to the stressed one is, the harder it is jargon unfamiliar to the general intangible. Court orders and other to recall a conversation that took public when you can, and when legal processes are often not well place the previous day – or week. you must use it, explain what understood by our clients. Often, The types of matters that bring these terms mean. Lawyers like the value of our services is demon- individuals to see a lawyer are complete detailed and complete strated through our communica- often stress-causing events, such explanations, with caveats if they tion with our clients. We listen as a death in the family, being are needed. Today’s consumers to the facts of the situation and sued, being arrested, being termi- like it short and sweet. If you advise them of the legal challenge nated from employment or being are going to give today’s client a and our proposed solution. If your injured in an automobile accident. multipage handout, try to make client is a business, its assistant Handouts that these clients certain the most critical informa- general counsel may understand can review later to refresh their tion is on the front page. the legal challenge well. But for memories of your initial advice individuals who are hiring a are very important. These should APPRECIATE THE lawyer for the first time or do so cover general information and fre- IMPORTANCE OF only infrequently, it is critical to quently asked questions. All such NONVERBAL ASPECTS provide them with brochures and brochures and handouts should OF COMMUNICATION handouts and other material to contain contact information for the If you have a limited amount take home to review after they lawyer or law firm, including the of time to return many client phone calls, be aware that while you have many matters, this may be the client’s only matter. Take a breath and focus between each call when returning several client calls. Avoid sounding stressed or rushed on the phone with clients. Make certain your staff under- stands you should only be inter- rupted while talking with the client in your office if there’s an emergency or you receive com- munication pertaining to the client’s matter. Even if the client is understanding, interrupting a client meeting to take a call will be taken by some as they were less important to you than the caller, at least at that moment. have retained you. These mate- website address. While the point AUTOMATING CLIENT rials should generally cover the of these communication tools is to COMMUNICATION client’s type of legal problem. In assist this client, if you do a good There are now many tools that some situations, the legal problem job with your handout or brochure, automate client communication. is obvious to the client (e.g., “I got you should not be surprised if the These tools can be very useful, arrested and don’t want to go to client shares it with a friend or rel- such as setting up text message prison.”), but those clients still ative who may become your client reminders before court appear- need clear reminders in writing themselves in the future. ances or client appointments with about what they are supposed to you in the office. But building good
50 | APRIL 2021 THE OKLAHOMA BAR JOURNAL form letters for client communica- BILLING IS ALSO A CLIENT using the tips above will give tions is another great way to “auto- COMMUNICATION you a better opportunity to make mate” communication. Building OPPORTUNITY sure your client understands their checklists and workflows should The late J. Harris Morgan legal matter and what your law result in many situations where authored the ABA book, How to firm is going to do to resolve it. when task #3 is completed, client Draft Bills Clients Rush to Pay. In Documentation provides the law- communication #4 is automatically those books, the theme was that yer with a record to refer to should prepared for delivery. These should narrative statements in client the lawyer’s services or commu- reiterate what has been accom- billing should demonstrate both nications with the client later be plished and the next step. the value to the client and effort brought into question. on the part of the lawyer. Today, WHAT CREATES UNHAPPY we also note there are some clients CLIENTS? VIOLATING THEIR who pay more attention to their Mr. Calloway is OBA Management EXPECTATIONS bills than other communications Assistance Program director. Need A critical part of every new they receive from the lawyer. So, a quick answer to a tech problem engagement or initial client inter- don’t miss out on this communica- or help solving a management view should be setting reasonable tion opportunity. dilemma? Contact him at expectations for the client, both 405-416-7008, 800-522-8060, in terms of potential results or CONCLUSION [email protected] or find more tips resolutions and in terms of the “The single biggest problem at www.okbar.org/map. It’s a free time frame it will take to realisti- in communication is the illusion member benefit. cally accomplish the legal work. that it has taken place,” is a quota- So, take some time to help the tion attributed to George Bernard ENDNOTE client have realistic expectations, Shaw. 1. “Text Messaging for Lawyers,” Law both about the task ahead and the While you will never know Practice Tips, May 2019, OBJ, www.okbar.org/ barjournal/may2019/obj9005calloway. way your law firm operates. Take exactly what others are thinking, a few moments to explain that you will not always be available to take their phone calls or answer emails, but your policy is always to return them within 48 hours (or whatever your policy provides). Explain that your assistant may be available when you are not. If it is going to take a year before their matter can be heard, make sure the client understands that before they leave your office (or you close the videoconference). Always give your clients the opportunity to ask ques- tions at the close of any one-to-one meeting discussing their case. Make sure you stress to all your staff the level of friendly courtesy they are expected to display when dealing with your clients, even if the client is sometimes not having their best day when communicat- ing with them.
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 51 Ethics & Professional Responsibility Adverseness: Material, Direct or Nonexistent? By Richard Stevens
HEN DEALING WITH A the former client gives informed representation under this para- Wpotential conflict, lawyers consent, confirmed in writing. graph, no lawyer in a firm with are often required to determine which that lawyer is associated whether “material adversity” exists Similarly, ORPC 1.18 addresses may knowingly undertake or between a client and a former or the issue regarding prospective continue representation in such prospective client. ABA Formal clients: a matter, except as provided in Opinion 497 gives guidance to law- paragraph (d). yers in making that determination. (c) A lawyer subject to para- ORPC 1.9 (a) addresses the issue graph (b) shall not represent a ABA Formal Opinion 497 as to former clients as follows: client with interests materially attempts to answer the question, adverse to those of a prospective “What does the term ‘materially (a) A lawyer who has formerly client in the same or a substan- adverse’ mean to the practitioner?” represented a client in a matter tially related matter if the law- The term “materially adverse” shall not thereafter represent yer received information from was used in the ABA’s 1908 another person in the same or a the prospective client that could Canons of Ethics (which many substantially related matter in be significantly harmful to that current practitioners studied in which that person’s interests are person in the matter, except as law school, this author included). materially adverse to the inter- provided in paragraph (d). If The current wording of Rule 1.9(a) ests of the former client unless a lawyer is disqualified from was adopted by the ABA in 1983. In 2002, Rule 1.18 was adopted and seems to have borrowed the “materially adverse” language from Rule 1.9. ORPC 1.7 prohibits “(1) the representation of one client [which] will be directly adverse ABA 497 explores the reach of “material [emphasis added] to another client.” A previous ABA Formal adverseness” in several situations. The authorities Opinion (99-415) concluded that only direct adverseness meets the that have passed on the matter generally requirement of material adverse- ness. At that time, Comment [1] of conclude that “material adverseness” requires 1.9 said that Rule 1.7 governed the issue of adverseness. That sentence more than a representation, which is simply has since been removed. ABA 497 explores the reach of harmful to a client’s economic or financial interest “material adverseness” in several situations. The authorities that have without some “specific tangible direct harm.” passed on the matter generally
52 | APRIL 2021 THE OKLAHOMA BAR JOURNAL conclude that “material adverse- states, “Courts have sometimes ness” requires more than a repre- found ‘material adverseness’ when sentation, which is simply harmful the lawyer proposes to examine a to a client’s economic or financial former client, where no informa- interest without some “specific tion from the prior representation tangible direct harm.” They also will be used.” indicate that direct adverseness is The opinion discusses waiver “material,” but “material adverse- and informed consent and con- ness” may be present when direct cludes with a recitation of com- adverseness is not. mon situations that may result Obviously, ABA 497 concludes in “material adverseness.” The that “material adverseness” may recitation is not exclusive, and the be found in suing or negotiating concept of “material adverseness” against a prior client. is broad enough to warrant a The opinion also considers the reading of ABA Formal Opinion material adverseness of a lawyer 497 by any lawyer confronted with attacking their own prior work. It representation that may be averse cites a case holding that a lawyer to former or prospective clients. cannot challenge the validity of a patent the lawyer themself obtained for a former client. Mr. Stevens is OBA ethics counsel. Another case held that a lawyer Have an ethics question? It’s a may not challenge a restrictive real member benefit, and all inquiries estate covenant for a new client are confidential. Contact him at that the lawyer previously drafted [email protected] or 405-416- for the prior seller of the land. 7055. Ethics information is also The opinion also cites cases that online at www.okbar.org/ec. find material adversity, where a lawyer, while not attacking their own prior work, instead sought to undermine the work or results achieved for a former client. “Material adverseness” may also be found in examining a former client. Most often, the issue in such cases is the use of informa- tion gained from the prior repre- sentation. However, as the opinion
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 53 Board of Governors Actions Meeting Summaries
The Oklahoma Bar Association Board of BOARD MEMBER REPORTS REPORT OF THE Governors met on Friday, Jan. 15, 2021. Governor Hilfiger reported the GENERAL COUNSEL Muskogee County Bar Association General Counsel Hendryx REPORT OF THE PRESIDENT elected Andy Hayes as its new reported the OBA is not involved President Mordy reported he president, and he spoke with other in any litigation except for the worked on various committee county bar association presidents Schell case. She shared details on appointments and a board event to in his district to introduce himself. the Registration of Out-of-State be held the day before the February Governor Pringle reported he Attorneys (ROOSA) program board meeting. He attended chaired a Legislative Monitoring and the trends observed in the the Financial Institutions and Committee meeting, contin- increase in out-of-state lawyers not Commercial Law Section annual ued planning the committee’s licensed to practice in Oklahoma meeting; Lawyers Helping Lawyers Legislative Kickoff, drafted a short seeking a special temporary per- Assistance Program meeting and legislative update for the February mit to practice in the state. Oklahoma Attorneys Mutual bar journal and wrote an article A written report of PRC actions Insurance Co. board meeting. for the Oklahoma County Bar and OBA disciplinary matters for Association Briefcase. He attended December was submitted to the REPORT OF THE the OCBA Briefcase Committee board for its review. EXECUTIVE DIRECTOR meeting and the Financial Executive Director Williams Institutions and Commercial Law BOARD LIAISON REPORTS reported he participated in plan- Section annual meeting. Governor Governor Vanderburg said ning calls with President Mordy Rochelle reported he attended the Awards Committee will and President-Elect Hicks, plan- two Access to Justice Committee meet soon. Governor DeClerck ning calls and video calls regard- meetings. Governor Vanderburg said Disaster Response & Relief ing launching the new electronic reported new officers for the Kay Committee Chair Molly Aspan publication Courts & More and County Bar Association are Rob reports that lawyers with Legal management staff meeting to dis- Davis as president and Lauren Aid Services of Oklahoma and cuss moving forward in 2021. He Jech as treasurer. the Oklahoma Indigent Defense also had a conversation with Chief System are helping with evictions Justice Darby regarding the board’s REPORT OF THE YOUNG along with the Access to Justice virtual swearing-in ceremony and LAWYERS DIVISION Commission. Governor Hilfiger modified script for the event. Governor Moaning reported said the Law Day Committee con- the division will hold its first 2021 tests with the theme, Advancing REPORT OF THE meeting later in the month. She the Rule of Law Today, are now PAST PRESIDENT said the annual roast of the imme- underway, and the committee Past President Shields reported diate past YLD chair usually held continues to work on developing she attended the swearing-in in January will be postponed. She TV show segments. The show ceremony for Deborah Reheard shared YLD members will soon and free legal advice usually take as a special district judge in assemble bar exam survival kits place around May 1, nationally Okmulgee County and received adding hand sanitizer and will designated as Law Day. Governor information about the status of help staff the high school mock Pringle said the Legislative the Schell litigation. trials competitions. Monitoring Committee will hold its Legislative Kickoff on Jan. 29. He shared the program topics that
54 | APRIL 2021 THE OKLAHOMA BAR JOURNAL will be discussed in addition to a COVID-19 State of Disaster that committee chair Ed Wunch. He legislative panel of four lawyer leg- utilization of remote partici- attended virtually the Southern islators. It will be free CLE for all pation in court proceedings is Conference of Bar Presidents, bar members for a few days with encouraged. In referencing Tulsa National Association of Bar a bigger window for committee County District Court’s Amended Presidents meeting, Legislative members. He thanked Executive Administrative Order AO-2020-5 Monitoring Committee meet- Director Williams and Educational (Phase 3), she pointed out Tulsa ing, Lawyers Helping Lawyers Programs Director Johnson for did a good job of explaining how Assistance Program Committee their help. Executive Director to use Microsoft Teams. She asked meeting, OBA Legislative Kickoff Williams noted all board members if the OBA could provide similar and ABA Midyear meetings, have been added to the committee. information for bar members? including the House of Delegates It was noted every court has its and Oklahoma delegates meeting. APPOINTMENTS own rules for procedures related The board approved President to COVID. Executive Director REPORT OF THE Mordy’s appointments of: Williams said a list of court VICE PRESIDENT Court on the Judiciary Trial administrative rules can be found Vice President Geister reported Division – L. Vance Brown, on both OSCN.net and the OBA’s he served as a presiding judge Oklahoma City, term will website at okbar.org/covid19. He and scoring panelist for the OBF/ expire 3/1/2023. said if the OBA website is miss- OBA’s High School Mock Trial Court on the Judiciary ing any court rules, they can be Competition. He encouraged oth- Appellate Division – D. Ken added. He said bar members with ers to get involved. He attended Williams Jr., Tulsa, term will comments should email him at the OBA’s Legislative Kickoff and expire 3/1/2023. [email protected], and he shared complimented the organizers on that early in the pandemic when an excellent program. NATIONAL CONFERENCE the webpage COVID-19 resources OF COMMISSIONERS FOR and information were first posted, REPORT OF THE UNIFORM STATE LAWS the opportunity to email com- PRESIDENT-ELECT President Mordy announced he ments was made available. When President-Elect Hicks reported proposes to submit the names of no response was received, it was he is beginning to work with the M. Joe Crosthwait, Midwest City; taken down. Strategic Planning Committee. Heather L. Hintz, Oklahoma City; He attended the Oklahoma Bar and Valerie Couch, Oklahoma Foundation orientation, OBF Board City, to the governor for consid- The Oklahoma Bar Association Board of of Trustees meeting, Southern eration and appointment of one Governors met on Friday, Feb. 26, 2021. Conference of Bar Presidents person, term will expire 6/1/2025. plenary and breakout, National REPORT OF THE PRESIDENT Association of Bar Presidents SCAD NO. 2020-107/ President Mordy reported he meetings, National Caucus of State COMPLIMENTARY participated as a scoring panelist Bar Associations zoom meeting, DISTRICT COURT RULES in three high school mock trial Oklahoma ABA Delegates telecon- Governor Garrett called atten- rounds, recorded opening remarks ference and ABA Midyear meet- tion to paragraph 8 in SCAD No. for the OBA Legislative Kickoff ings and House of Delegates. 2020-107 the Fourth Emergency and discussed the upcoming Joint Order Regarding the Law Day date and events with
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 55 REPORT OF THE EXECUTIVE DIRECTOR Executive Director Williams reported he attended a meet- ing about Day at the Capitol, Legislative Monitoring Committee Governor Rochelle said the Access to Justice meeting, Legislative Kickoff and virtual Southern Conference of Bar Presidents plenary and breakout Committee has been active. Court clerks are sessions, National Association of Bar Executives, National Conference being asked legal questions, and they proposed of Bar Presidents meetings, produc- tion meeting on the Courts & More a booklet of what they can and shouldn’t do. publication, YLD board meetings and staff directors meeting. He helped with the build out of bill list for the Legislative Monitoring OBA Legislative Kickoff and Tulsa OBA awards. She also attended Committee, communicated with County Bar Association virtual the OBA Legislative Kickoff. Legislative Liaison Clay Taylor member charcuterie making regarding HB 2080 relating to non- party. She met telephonically with REPORT OF THE YOUNG payment of taxes by OBA members Educational Programs Director LAWYERS DIVISION and referral for discipline to the Janet Johnson and Felina Rivera Governor Moaning reported the OBA and conducted the final inter- about upcoming cannabis OBA YLD has had a very active month view for the hiring of new commu- CLE programing and partici- helping to judge mock trial com- nications specialist Kiel Kondrick, pated in TU College of Law mock petitions and stuffing bar exam who is working with Dawn Shelton interviews for students. Governor survival kits. The division will take in production of website and elec- Hilfiger reported he attended the on updating the Young Adult Guide tronic communications. Law Day Committee meeting and app and helping with assistance volunteered to judge the 6th and 7th related to disaster. She participated REPORT OF THE grade writing entries. in the ABA YLD Assembly, where PAST PRESIDENT Governor Hutter reported he a National Young Lawyers Week Past President Shields reported attended the Legislative Kickoff and was approved, served as a scoring she attended the OBA Legislative Cleveland County Bar Association panelist for three rounds of the Kickoff, Southern Conference of monthly CLE. Governor Pringle OBF/OBA High School Mock Trial Bar Presidents meeting, NCBP reported he moderated the OBA’s Competition, reviewed essay entries meeting, Lawyers Helping Lawyers Legislative Kickoff, chaired the submitted for the 2021 Law Day Assistance Program Committee Legislative Monitoring Committee contest and chaired the February meeting, Oklahoma ABA Delegates meeting, began planning for OBA YLD meeting. She attended the teleconference, ABA Midyear meet- Day at the Capitol and submitted an ABA House of Delegates meeting ings and House of Delegates. update on the legislative session for and National Caucus of State Bar the Oklahoma Bar Journal. Governor Associations meeting. BOARD MEMBER REPORTS Rochelle reported he attended the Governor DeClerck reported Legislative Monitoring Committee REPORT OF THE SUPREME he attended the Legislative Kickoff. and Access to Justice Committee COURT LIAISON Governor Edwards reported he meetings. Governor Smith reported Justice Rowe said members of the conducted a character and fit- she emailed the chairpersons of the court are doing well. All the jus- ness interview of an applicant for Membership Services Committee tices and their staff members have OBA admission for the Oklahoma and Military Assistance Committee been vaccinated. He reported the Board of Bar Examiners, served as to introduce herself as their new Oklahoma Judicial Center building, a scoring panelist for two rounds of Board of Governors liaison and in including the appellate court clerk the OBF/OBA’s High School Mock her role as OBA Awards Committee office, will open to the public on Trial Competition and attended the Chairperson, via President Mordy, March 1 pursuant to CDC protocols. OBA’s Legislative Kickoff. Governor she solicited input from the board Garrett reported she attended the for any ideas for new or modified
56 | APRIL 2021 THE OKLAHOMA BAR JOURNAL REPORT OF THE of the scholarships is dependent on 2021. However, the June date was GENERAL COUNSEL the number of qualified applicants not going to work for an in-person General Counsel Hendryx and the total income for the past meeting and the resort can’t accom- directed board members’ atten- year. Historically, scholarships modate a July date. Inquiries will be tion to the annual Professional range from $1,000 to $6,000. The made about holding the conference Responsibility Commission Report scholarship may be awarded for in Durant in 2022, and a decision that summarizes the department’s each of the three years of school- about the 2021 conference is pend- activities for the calendar year. She ing, if the applicant remains ing. Feedback from past participants said last year there was a dip in the qualified. Past President Shields is that in-person interaction is very number of grievances submitted. She said the Lawyers Helping Lawyer important. Discussion followed. attributed the pandemic as part of Assistance Program Committee the reason; however, there has been met and new liaisons at A Chance CLIENTS’ SECURITY a slight decrease for the last several to Change were introduced. It was FUND APPOINTMENT years. As a result of the decrease, the reported the program had 14 clients The board voted to approve department has been able to make since December. The committee is President Mordy’s appointment significant progress on handling going to work on outreach this year of Derek K. Burch, Oklahoma backlog. She pointed out the number and is committed to making presen- City, to the Clients’ Security Fund of out-of-state attorney applications tations around the state as things Committee with a term to expire has not decreased as a result of open up. Governor Hilfiger said the Dec. 31, 2023. the pandemic, and in fact, it was a Law Day Committee is considering banner year thought to be caused moving Law Day to the fall. Contest FORMATION OF CANNABIS by pandemic issues, such as lawsuits judging is taking place now. A total LAW COMMITTEE against insurance companies that of 1,239 entries have been received: Governor Garrett said it came involve bringing in national counsel. 664 writing, 391 art and 184 col- to her attention after reviewing Questions were asked and discussed. oring. Governor Pringle said the pending legislation that there A written report of PRC actions Legislative Monitoring Committee is a need for more information and OBA disciplinary matters had greater participation for its for judges and practitioners on for January and the Professional Legislative Kickoff holding it on a cannabis law. Governor Garrett Responsibility Tribunal Annual weekday instead of Saturday, which said she and Felina Rivera would Report were submitted to the was the previous practice. Day at volunteer to be committee lead- board for its review. the Capitol is coming up March 23 ers. Executive Director Williams and will take place virtually with briefed the board on the status of a BOARD LIAISON REPORTS 2 hours MCLE credit. He reviewed 2018 House of Delegates proposal Governor Rochelle said the Access programs and speakers. Governor recommending an amendment to to Justice Committee has been Smith said the Military and the Oklahoma Rules of Professional active. Court clerks are being Veterans Law Section and Military Conduct to add a limited exception asked legal questions, and they Assistance Committee had a joint for lawyers providing counsel to proposed a booklet of what they meeting focusing on the Oklahoma clients regarding marijuana-related can and shouldn’t do. A draft will Lawyers for America’s Heroes laws in Oklahoma. The resolution be submitted to the board for its Program. The challenge is how to passed and was submitted to the review. Governor Vanderburg said enhance the participation of law- Supreme Court, which did not take the Kay County Bar Association is yers. The qualifications of heroes action. He also noted the OBA has taking applications for the Clark receiving help will be reviewed. The offered quite a bit of programming Scholarships and the Northcutt program coordinator is on leave, on the topic. Discussion followed. Scholarships, which are existing and Practice Management Advisor The board decided to table the programs created by local attorneys Julie Bays is currently handling proposal for more research. to support people with Kay County activities. Governor Hutter said the connections of at least three years. Solo & Small Firm Conference NEXT MEETING Applicants must have a 2.0 GPA Planning Committee will meet The Board of Governors met on a 4.0 scale and be admitted as a next week. Executive Director in March, and a summary of those full-time student at one of the three Williams said the conference set actions will be published in the Oklahoma accredited law schools. for Choctaw Resort Casino in Oklahoma Bar Journal once the minutes Applications must be submitted by Durant was cancelled in 2020 due are approved. The next board meeting late March or early April. The size to COVID-19 and moved to June will be at 10 a.m. Friday, April 16.
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 57 Bar Foundation News OBF 75 Faces of Impact: Maria’s Story By Candice Pace
EET MARIA, CLIENT OF I was referred to a nonprofit MOBF grantee Catholic Charities, for basic needs and shelter. The and one of the OBF’s 75 Faces of caseworker said I needed an Impact. Her story is made possible attorney, but I told them I could by the generosity of OBF donors. not afford one. They referred me to the Immigration Legal Services I never imagined I would end program at Catholic Charities of up a victim of human trafficking the Archdioceses of Oklahoma and a survivor of domestic violence. City. Their staff attorney helped When I was 16 years old, Javier, me get a U visa for my daughter my boyfriend and the father of my and me. I learned I was eligible child, brought our baby and me to for a U visa since I was a victim the U.S. from Mexico. He promised of crime and would help the we would build a better life for authorities with the investigation. our family. I felt excited about the The same lawyer later repre- opportunities. After we arrived in demanded I do laundry for him sented me in the deportation the U.S., he told me to get to work and his employees. I was tired proceedings initiated against cooking and cleaning for him and and still in pain from childbirth, me when I entered the U.S. his employees. He took my docu- but he did not care. He dropped Having an attorney’s help gave ments and told me to not leave the me off at the laundromat with our me tremendous hope. The assis- house because anyone on the street newborn and toddler. Three days tance I received not only saved could be working for immigration. later, I was forced to cook and my life, but it empowered me to He said if they caught me, they clean for Javier and his employ- start my own business. I always would deport me. I did not under- ees. There was no time for me to dreamed of being a makeup artist stand my rights, and I was afraid. rest, heal and bond with my baby. and hairstylist, and now I was Shortly thereafter, Javier told I was miserable and trapped free to follow my dreams and me he had to travel for work. in this nightmare. He told me if I earn my own income. Since then, He locked me in the house tried to leave, he would find me I have bought a trailer and have a and boarded up the windows, and beat me. Then, he hit me so home for my family. My life was saying it was for my protection. hard, my eardrum ruptured. I changed drastically, and now I I was left in that house for eight knew at this point the abuse was can focus on being a good mom. months. He came back sporadi- only going to get worse, and I was cally to bring food and diapers, tired of living this way. When he Maria’s story is unique because but that is when the abuse began. left the room, I had a moment to not only was she a victim of violence, He would rape and beat me each text a friend to ask for help. My she also needed immigration legal time he returned. Because of friend called the police, and Javier services adding to the complexity of this, I became pregnant again. was arrested. I was relieved to find her overall case. That is why giving After giving birth, I was released out I could get a restraining order to the Oklahoma Bar Foundation from the hospital, and Javier to protect my children and me. is so important because each year
58 | APRIL 2021 THE OKLAHOMA BAR JOURNAL we fund many Oklahoma nonprof- the COVID-19 pandemic lockdown. 75for75.swell.gives. You can also its that provide legal services for In honor of the OBF’s 75th year, fill out the 75 for 75 Campaign domestic violence victims as well as we are conducting a campaign to Donation Form and mail your immigration legal services. raise $25,000 for OBF grantees who payment to the Oklahoma Bar Unfortunately, many Oklahoma provide legal services to victims Foundation, P.O. Box 53036, women and children live in sim- of violence. Donate to our 75 for 75 Oklahoma City, OK 73152. ilar, violent situations like Maria Campaign and 100% of proceeds and need the help of an attorney. raised will go to these grantees. Reports show that family violence You can help by donating Ms. Pace is OBF director of has increased tremendously due to to our 75 for 75 Campaign at development & communications.
OKLAHOMA BAR FOUNDATION 75 for 75 Campaign Donation Form
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THE OKLAHOMA BAR JOURNAL APRIL 2021 | 59
Young Lawyers Division The Law From the Perspective of a Fourth Grader By April Moaning
AW DAY IS RIGHT AROUND ideals of equality and justice. The writing contest for students in Lthe corner! It is a day origi- 2021 Law Day theme is “Advancing Pre-K through 12th grade. The nally envisioned by 1953 OBA the Rule of Law Now.” According contest is just one of many ways President Hicks Epton, proclaimed to the ABA, this theme serves as a members and committees of by President Eisenhower and reminder that we “share the respon- the OBA honor Law Day. I had subsequently established by public sibility to promote the rule of law, the privilege of judging essays law. Each year, Law Day is dedi- defend liberty, and pursue justice.” submitted by fourth graders, who cated to the celebration of the rule As mentioned in my February were tasked with answering the of law, appreciation of our legal 2021 article, the OBA Law Day following questions: Why is it system and the rededication to the Committee hosted an art and important for laws to be fair? Why is it important to respect the law? In response to the inquiry about fairness, many of the students focused on social unrest, war, lack of uniformity, jealousy and confusion. My favorite response was written by a student who focused on laws that treated men and women differently. He stated a man and woman should be afforded the same right to par- ticipate in sports, and if a law is written to prevent women from participating in a sport, the women might become angry. He ended his analysis by stating, “A group of angry women is never a good thing.” I couldn’t help but laugh as it was quite fun and enlightening to step into the mind of a fourth grader. At the end of the day, the contestants all had the same mes- sage: Laws should be fair because it is the right thing to do. Many of us are on board with the concept of fairness. I am honored to be a YLD Chair-Elect Dylan Erwin watches ABA House of Delegates Chair Barbara Howard member of a profession that has the during the virtual ABA YLD Midyear Meeting, which was held Feb. 17 - 22. tools necessary to combat laws that
62 | APRIL 2021 THE OKLAHOMA BAR JOURNAL a lack of respect for the law can criminal, employment, family, con- result in arrests, tickets, jail time, sumer credit and/or contract law, injuries and/or hospitalization. I please send an email to aprilmoan- think many of these concepts take [email protected] or ltalbert@ a backseat as children near adult- stocktontalbert.com. Volunteers are hood. Many teenagers are excited always appreciated, and it is the about freedom, transitioning into perfect way to honor Law Day. adulthood, voting, staying out past curfew, purchasing and driving a car, renting an apartment and/or Ms. Moaning practices in starting their first job. However, Oklahoma City and serves as the we all know that with freedom YLD chairperson. She may be comes great responsibility. contacted at aprilmoaninglaw@ The YLD wants to ensure that gmail.com. Keep up with the YLD as children near the age of major- at www.facebook.com/obayld. ity, they not only know their rights under the law but also understand their legal responsibilities and the importance of respecting the laws. In order to accomplish this, we have an annual goal of encouraging students to download the Young Adult Guide app. This year, we hope to reach an even larger pool. YLD members are updating the content At the advisement and direction of of the OBA Young Adult Guide app, OBA Executive Director John Morris which offers legal information tailored Williams, we plan to conduct a to those new to adulthood. virtual town hall geared toward may be unjust or unfairly applied helping young adults understand to certain individuals. I am hope- their roles, rights and responsibili- ful that the fourth graders who ties under the law. We understand voiced their opinions regarding the that during the past year there have importance of fair laws will grow been substantial revisions to many up to serve as future leaders in the laws that impact young adults. As legal profession. such, we have commenced the pro- The unanimous consensus cess of updating and revising the among the fourth graders regard- Young Adult Guide. If you wish to ing the second inquiry was that contribute your expertise relating to
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 63
Bench and Bar Briefs
ON THE MOVE
Nicole Morgan has joined the J.D. from the OCU School of Law law enforcement officer responsible Oklahoma City law firm of Kirk & in 2019, where she was named a for all federal criminal prosecutions Chaney. She focuses her practice 2019 William J. Holloway Jr. Student and civil litigation in the Northern on the defense of health care pro- Award recipient. Previously, she District. He is a member of the viders, trucking companies and was an associate attorney with OBA Indian Law Section and is other entities and individuals. Ms. Gilchrist Aviation Law P.C. admitted to the U.S. District Courts Morgan received her J.D. from the for the Northern, Eastern and OCU School of Law in 2014 and Jennifer K. Christian and Kayla M. Western Districts of Oklahoma, the volunteers with Legal Aid Services Kuri have joined the Oklahoma U.S. Court of Appeals for the 10th of Oklahoma and the OCU chap- City office of Phillips Murrah. Ms. Circuit and the U.S. Supreme Court. ter of the Innocence Project. Christian is an of counsel attor- ney who assists clients in a wide Christopher R. Haunschild has range of transactional matters and KUDOS joined the Oklahoma City office of litigation involving business law, Crowe & Dunlevy. Danielle Hood contractual disputes, real estate, Paula Wood, Michael J. Miller, has joined the firm’s Tulsa office. banking, healthcare, business Timothy Dowd and Travis C. Smith Mr. Haunschild is a member of divorce, construction, trust admin- have been recognized by the ABA the firm’s Taxation Practice Group. istration, insurance coverage and Standing Committee on Pro Bono He received his J.D. from the TU bad faith and employment-related and Public Service for their dedi- College of Law and his LL.M. in tax- matters. Ms. Kuri is an associate cation to pro bono service through ation from the New York University attorney who represents individ- their participation in Oklahoma Free School of Law. Ms. Hood is a mem- uals and both privately held and Legal Answers, sponsored by the ber of the Aviation & Commercial public companies in a wide range OBA, ABA and Oklahoma Supreme Space, Banking & Financial of commercial and business mat- Court Access to Justice Commission. Institutions, Corporate & Securities ters, including mergers and acqui- These recipients each answered 50 and Real Estate practice groups. She sitions, real estate transactions, or more civil legal questions in 2020. received her J.D. from the University private securities offerings and The committee presents the annual of Kansas School of Law. commercial financing transactions. ABA Free Legal Answers 2020 Pro Bono Leaders recognition to individ- Lezel Safi has joined Bedlam Law Trent Shores has joined ual attorneys, law firms, corporate in Yukon. She practices primarily GableGotwals as a shareholder. law departments and other organi- in the area of family law, including Mr. Shores, a former U.S. attor- zations that have provided extraor- divorce, custody, paternity and ney for the Northern District of dinary pro bono services through guardianships. Ms. Safi received her Oklahoma, was the chief federal ABA Free Legal Answers.
HOW TO PLACE AN you. Sections, committees and county Submit news items to: ANNOUNCEMENT: bar associations are encouraged to The Oklahoma Bar Journal welcomes submit short stories about upcoming or Lauren Rimmer short articles or news items about OBA recent activities. Honors bestowed by Communications Dept. members and upcoming meetings. If other publications (e.g., Super Lawyers, Oklahoma Bar Association you are an OBA member and you’ve Best Lawyers, etc.) will not be accepted 405-416-7018 moved, become a partner, hired an as announcements. (Oklahoma-based [email protected] associate, taken on a partner, received publications are the exception.) a promotion or an award or given Information selected for publication Articles for the August issue must be a talk or speech with statewide or is printed at no cost, subject to editing received by July 1. national stature, we’d like to hear from and printed as space permits.
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 65 In Memoriam
herri Kay Anderson of Tulsa arol Hansen of Forest Park on Richard Lane of Pampa, Sdied Feb. 6. She was born Cdied Feb. 23. She was born DTexas, died Aug. 5. He was March 31, 1954, in Cushing. Ms. July 3, 1929, in Oklahoma City. born Aug. 30, 1930, in Pampa. Mr. Anderson received her J.D. from Judge Hansen received her J.D. Lane received his J.D. from the OU the TU College of Law in 2004. from the OCU School of Law in College of Law in 1954, graduating 1974 and began her legal career 6th in his law school class. While at ohn Terry Bado of Edmond as judicial council to Oklahoma OU, he was president of Phi Alpha Jdied Feb. 2. He was born Dec. 3, Supreme Court Justice John B. Delta legal fraternity, Phi Kappa 1947, in Oklahoma City. Mr. Bado Doolin. After serving as marshal Sigma fraternity and was a member attended Baylor University on a of the Oklahoma Supreme Court of the OU Men’s Glee Club for four track scholarship and received in 1984, she was appointed to the years. He served on active duty for his J.D. from Baylor Law School Court of Appeals by Gov. George two years in the Judge Advocate in 1971. He served as a captain Nigh as Judge, a position she held General’s Department of the U.S. in the U.S. Army JAG Corps and until retiring in 2012. In 1993, Judge Air Force and was admitted to the was stationed in Columbia, South Hansen was elected chief judge of U.S. Court of Military Appeals in Carolina, Taipei, Taiwan and at the Court of Appeals and was the Washington, D.C. He continued the Pentagon in Washington, D.C., first woman to serve in that posi- to serve in the Air Force reserve before leaving as a major in 1979. In tion in any Oklahoma appellate for several years following active 1981, he founded Bado & Bado Law court. She was the recipient of the duty, reaching the rank of major. Firm with his wife. He practiced in first Ralph B. Hodges-Robert E. Mr. Lane served as city judge and the areas of oil and gas and adoption Lavender Award for Judicial city attorney for Pampa for over and helped moderate continuing Excellence given by the Oklahoma 40 years, retiring from the city legal education classes on adoption. Supreme Court. Memorial con- in 2007 and from his private law tributions may be made to the practice in 2014. For 11 years, he lay Steven Hager of Edmond Paul and Carol Hansen Endowed was director of the First National Cdied Feb. 9. He was born Feb. 25, Scholarship in Athletics at OCU Bank in Pampa, and he was a Life 1958, in Enid. After graduating or to the Benevolence Fund at Fellow of the Texas Bar Foundation. from Enid High School in 1976, Mr. Mayflower UCC. Memorial contributions may be Hager earned his bachelor’s degree made to the First United Methodist from Phillips University in 1981 onald Lee Henderson of Church in Pampa. and became a photojournalist for DFlower Mound, Texas, died the Enid News & Eagle. In 1987, he Jan. 24. He was born July 11, 1927, lifford D. McEntire of received his J.D. from the OU College in San Angelo, Texas. At 17, he COklahoma City died Dec. 31. of Law. He served as a senior staff enlisted in the U.S. Marine Corps He was born Nov. 23, 1939. Mr. attorney at Oklahoma Indian Legal and served in China during McEntire received his J.D. from Services, where he had worked since World War II. Upon being honor- the OCU School of Law in 1989. 1990. He also served as chief judge ably discharged, Mr. Henderson for the Kickapoo Nation in Kansas received his bachelor’s degree udith Ann Morgan of Leesburg, and on the Kaw Nation of Oklahoma from Texas Technological College JVirginia, died Jan. 15. She was Supreme Court. He received the in 1949 and his J.D. from the OCU born June 28, 1939, in Des Moines, 2015 Hargrave Writing Prize at the School of Law in 1970. He was a Iowa, and was raised in Green Bay, Oklahoma Supreme Court’s annual petroleum engineer with Mobil Oil Wisconsin. Ms. Morgan received Sovereignty Symposium and was and had a private law practice in her J.D. in 1982 from the first honored as the 2008 Attorney of Oklahoma City. He was a citizen of American Bar Association accred- the Year by the Pawnee County the Cherokee Nation and a mem- ited class for the George Mason Court Appointed Special Advocate ber of the Oklahoma and Texas University School of Law. She program. Memorial contributions Petroleum Engineer Associations. served as assistant director for the may be made to Oklahoma Indian OCU School of Law, an associate Legal Services. with Bulla and Associates and the
66 | APRIL 2021 THE OKLAHOMA BAR JOURNAL law librarian for Kornfeld, erry Edward Perigo of Tulsa Franklin & Phillips. In 1986, she Jdied Dec. 25. He was born was named law library direc- June 4, 1946. Mr. Perigo received tor for the OCU School of Law, his J.D. from the TU College of a position she held until her Law in 1976. retirement in 2010. Ms. Morgan also served as president of the illiam Joseph Perry of Mid-America Association of Law WPawnee died Feb. 10. He Libraries and published sev- was born April 3, 1941. Mr. Perry eral research articles. Memorial received his J.D. from the OU contributions may be made to the College of Law in 1966. Alzheimer’s Association. ames Dudley Williams of atrick John Morgan of JPorter died Feb. 9. He was PLeesburg, Virginia, died Dec. 1. born Aug. 24, 1933, in Atlanta. He was born Aug. 20, 1938, in After graduating high school in Antigo, Wisconsin. After receiv- 1951, he attended the University ing his bachelor’s degree, Mr. of Missouri, graduating with a Morgan entered the U.S. Marine bachelor’s degree in journalism in Corps and was commissioned 1955. While at the University of April 1961. In 1966 and 1967, Missouri, Mr. Williams joined he was deployed to Vietnam, the U.S. Navy through ROTC. He where he commanded Battery I was honorably discharged as a of the 11th Marine Brigade. He lieutenant (junior grade) in 1957. was awarded the Bronze Star He received his J.D. from the TU with Combat V for Valor and the College of Law’s first night class in Navy Commendation Medal. He 1967. After practicing as an attor- retired as a lieutenant colonel in ney for a few years, he became the April 1981. Mr. Morgan received manager of Yale Bowl, his parents’ his J.D. from the Columbus School business, until it closed in the ‘80s. of Law at the Catholic University Memorial contributions may be of America in Washington, D.C., made to AutismOklahoma, the in 1982 and joined the Oklahoma Tulsa SPCA or your favorite ani- County District Attorney’s Office. mal welfare charity. In 1999, he was appointed to the Oklahoma Pardon and Parole ryan L. Wright Sr. of Guymon Board and eventually became Bdied Feb. 11. He was born chairman. Memorial contributions April 13, 1939. Mr. Wright received may be made to Freedom Service his J.D. from the Washburn Dogs in Englewood, Colorado. University School of Law in 1966.
ichael Duane Patterson Mof Norman died Feb. 20. He was born March 16, 1959, in Houston. After graduating from OU with a bachelor’s degree in petroleum land management, Mr. Patterson received his J.D. from the OU College of Law in 1991.
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 67 2021 ISSUES MAY OCTOBER African American Tax Law Legal History Editor: Tony Morales Editor: Melissa DeLacerda [email protected] [email protected] Deadline: May 1, 2021 Deadline: Jan. 1, 2021 NOVEMBER AUGUST DUI Personal Injury Editor: Aaron Bundy Editor: Cassandra Coats [email protected] cassandracoats@leecoats. Deadline: Aug. 1, 2021 com Deadline: May 1, 2021 DECEMBER Elder Law SEPTEMBER Editor: Luke Adams Bar Convention [email protected] Editor: Carol Manning Deadline: Aug. 1, 2021
2022 ISSUES JANUARY AUGUST Meet Your Bar Association Gaming Editor: Carol Manning Editor: Scott Jones [email protected] FEBRUARY Deadline: May 1, 2022 Labor & Employment Editor: Roy Tucker SEPTEMBER [email protected] Bar Convention Deadline: Oct. 1, 2021 Editor: Carol Manning
MARCH OCTOBER Impact of Education McGirt v. Oklahoma Editor: Luke Adams Editor: Aaron Bundy [email protected] [email protected] Deadline: May 1, 2022 Deadline: Oct. 1, 2021 NOVEMBER APRIL Municipal Law Law Day Editor: Roy Tucker Editor: Carol Manning [email protected] Deadline: Aug. 1, 2022 MAY EDITORIAL CALENDAR EDITORIAL Energy DECEMBER Editor: Tony Morales Ethics & Professional [email protected] Responsibility Deadline: Jan. 1, 2022 Editor: Casandra Coats cassandracoats@leecoats. com Deadline: Aug. 1, 2022
If you would like to write an article on these topics, contact the editor.
68 | APRIL 2021 THE OKLAHOMA BAR JOURNAL
NOTICE OF INVITATION TO SUBMIT OFFERS TO CONTRACT
THE OKLAHOMA INDIGENT DEFENSE SYSTEM BOARD OF DIRECTORS gives notice that it will entertain sealed Offers to Contract (“Offers”) to provide non-capital trial level defense representation during Fiscal Year 2022 pursuant to 22 O.S. 2001, '1355.8. The Board invites Offers from attorneys interested in providing such legal services to indigent persons during Fiscal Year 2022 (July 1, 2021 through June 30, 2022) in the following counties: 100% of the Oklahoma Indigent Defense System caseloads in THE FOLLOWING COUNTIES:
COMANCHE, GARFIELD, GRANT, STEPHENS
Offer-to-Contract packets will contain the forms and instructions for submitting Offers for the Board’s consideration. Contracts awarded will cover the defense representation in the OIDS non-capital felony, juvenile, misdemeanor, traffic, youthful offender and wildlife cases in the above counties during FY-2022 (July 1, 2021 through June 30, 2022). Offers may be submitted for complete coverage (100%) of the open caseload in any one or more of the above counties. Sealed Offers will be accepted at the OIDS offices Monday through Friday, between 8:00 a.m. and 5:00 p.m.
The deadline for submitting sealed Offers is 5:00 PM, Thursday, April 15, 2021.
Each Offer must be submitted separately in a sealed envelope or box containing one (1) complete original Offer and two (2) complete copies. The sealed envelope or box must be clearly marked as follows:
FY-2022 OFFER TO CONTRACT TIME RECEIVED: COUNTY / COUNTIES DATE RECEIVED:
The Offeror shall clearly indicate the county or counties covered by the sealed Offer; however, the Offeror shall leave the areas for noting the time and date received blank. Sealed Offers may be delivered by hand, by mail or by courier. Offers sent via facsimile or in unmarked or unsealed envelopes will be rejected. Sealed Offers may be placed in a protective cover envelope (or box) and, if mailed, addressed to OIDS, FY-2022 OFFER TO CONTRACT, P.O. Box 926, Norman, OK 73070-0926. Sealed Offers delivered by hand or courier may likewise be placed in a protective cover envelope (or box) and delivered during the above-stated hours to OIDS, at 111 North Peters, Suite 500, Norman, OK 73069. Please note that the Peters Avenue address is NOT a mailing address; it is a parcel delivery address only. Protective cover envelopes (or boxes) are recommended for sealed Offers that are mailed to avoid damage to the sealed Offer envelope. ALL OFFERS, INCLUDING THOSE SENT BY MAIL, MUST BE PHYSICALLY RECEIVED BY OIDS NO LATER THAN 5:00 PM, THURSDAY, April 15, 2021 TO BE CONSIDERED TIMELY SUBMITTED.
Sealed Offers will be opened at the OIDS Norman Offices on Thursday, April 15, 2021, beginning at 5:10 PM, and reviewed by the Executive Director or his designee for conformity with the instructions and statutory qualifications set forth in this notice. Non-conforming Offers will be rejected on Thursday, April 15, 2021 @ 5:10 PM, with notification forwarded to the Offeror. Each rejected Offer shall be maintained by OIDS with a copy of the rejection statement. NOTICE OF INVITATION TO SUBMIT OFFERS TO CONTRACT
Copies of qualified Offers will be presented for the Board’s consideration at its meeting on Friday, April 16th, 2021, at a place to be announced.
With each Offer, the attorney must include a résumé and affirm under oath his or her compliance with the following statutory qualifications: presently a member in good standing of the Oklahoma Bar Association; the existence of, or eligibility for, professional liability insurance during the term of the contract; and affirmation of the accuracy of the information provided regarding other factors to be considered by the Board. These factors, as addressed in the provided forms, will include an agreement to maintain or obtain professional liability insurance coverage; level of prior representation experience, including experience in criminal and juvenile delinquency proceedings; location of offices; staff size; number of independent and affiliated attorneys involved in the Offer; professional affiliations; familiarity with substantive and procedural law; willingness to pursue continuing legal education focused on criminal defense representation, including any training required by OIDS or state statute; willingness to place such restrictions on one’s law practice outside the contract as are reasonable and necessary to perform the required contract services, and other relevant information provided by attorney in the Offer.
The Board may accept or reject any or all Offers submitted, make counter-offers, and/or provide for representation in any manner permitted by the Indigent Defense Act to meet the State’s obligation to indigent criminal defendants entitled to the appointment of competent counsel.
FY-2022 Offer-to-Contract packets may be requested by facsimile, by mail, or in person, using the form below. Offer-to-Contract packets will include a copy of this Notice, required forms, a checklist, sample contract, and OIDS appointment statistics for FY-2017, FY-2018, FY-2019, FY-2020 and FY-2021 together with a 5-year contract history for each county listed above. The request form below may be mailed to OIDS OFFER-TO-CONTRACT PACKET REQUEST, P.O. Box 926, Norman, OK 73070-0926, or hand delivered to OIDS at 111 North Peters, Suite 500, Norman, OK 73069 or submitted by facsimile to OIDS at (405) 801-2661.
REQUEST FOR OIDS FY-2022 OFFER-TO-CONTRACT PACKET
Name OBA #
Street Address Phone
City, State, Zip Fax
County / Counties of Interest Classified Ads
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72 | APRIL 2021 THE OKLAHOMA BAR JOURNAL OFFICE SPACE POSITIONS AVAILABLE
EXCLUSIVE SUITE AVAILABLE IN OKC. Senior AV AV RATED INSURANCE DEFENSE/CIVIL LITIGATION Preeminent-rated lawyer has available suite with area FIRM seeks sharp, self-motivated associate attorneys for secretary in luxury high rise building on NW with civil litigation experience. Openings in both Expressway. $575/month plus telephone and copier. Tulsa and Oklahoma City offices. Candidates should Email [email protected]. be organized, detail oriented and have strong research and writing skills. Excellent career opportunity for the EXECUTIVE OFFICES IN MIDTOWN (OKC). right applicants. Send replies to Box DD, Oklahoma Bar Receptionist provided. Each office from $950 - $1,750/ Association, P.O. Box 53036, Oklahoma City, OK 73152. month depending on sq. ft. Contact Larry Spears or Jo at 405-235-5605. MCAFEE & TAFT IS EXPANDING OUR GROWING LITIGATION TEAM and seeking one to two associate or Of Counsel attorneys to join its Litigation practice group POSITIONS AVAILABLE for the following positions: General Litigation Attorney with 2-15 years of experience in the areas of complex THE OKLAHOMA BAR ASSOCIATION HEROES pro- business disputes, products liability, personal injury, gram is looking for several volunteer attorneys. The need insurance defense, coverage and bad faith, and profes- for FAMILY LAW ATTORNEYS is critical, but attorneys sional negligence. Ideal candidates will have experience from all practice areas are needed. All ages, all counties. in preparing trial documents, understanding medical Gain invaluable experience, or mentor a young attorney, and technical issues in a variety of contexts, and experi- while helping someone in need. For more information or ence in cases involving torts. Prior business or financial experience a plus. All inquiries will be treated confiden- to sign up, contact 405-416-7086 or [email protected]. tially. Top academic performance, strong writing and analytical skills, interpersonal skills, and the ability to NORMAN BASED LAW FIRM IS SEEKING SHARP, work in a team environment are required. Please sub- MOTIVATED ATTORNEYS for fast-paced transactional mit resume and law school transcript to Craig Buchan work. Members of our growing firm enjoy a team atmo- at McAfee & Taft, A Professional Corporation, Williams sphere and an energetic environment. Attorneys will be Center Tower II, Two W. Second Street, Suite 1100, Tulsa, part of a creative process in solving tax cases, handle an OK 73102, or via email to [email protected]. assigned caseload and will be assisted by an experienced No phone calls please. support staff. Our firm offers health insurance benefits, paid vacation, paid personal days and a 401K matching THE UNITED STATES COURT OF APPEALS FOR program. No tax experience necessary. Position location THE TENTH CIRCUIT is seeking applications from can be for any of our Norman, OKC, or Tulsa offices. qualified persons for the position of Circuit CJA Case- Submit resumes to [email protected]. Budgeting Attorney. The Budgeting Attorney will work across the circuit to aid appellate, district, and magis- WATKINS TAX RESOLUTION AND ACCOUNTING trate judges and CJA panel attorneys in a wide range of FIRM is hiring attorneys for its Oklahoma City and Tulsa duties related to CJA case budgeting and voucher pro- offices. The firm is a growing, fast-paced setting with a cessing. For the full job announcement and application focus on client service in federal and state tax help (e.g. instructions, visit www.ca10.uscourts.gov/hr/jobs. offers in compromise, penalty abatement, innocent spouse relief). Previous tax experience is not required, but previous work in customer service is preferred. Competitive salary, health insurance and 401K available. Please send a one-page resume with one-page cover letter to [email protected].
THE OKLAHOMA BAR JOURNAL APRIL 2021 | 73 POSITIONS AVAILABLE POSITIONS AVAILABLE
NORMAN WOHLGEMUTH, a mid-size, fast-paced THE DEPARTMENT OF HUMAN SERVICES, Legal civil, business, family, and criminal litigation firm seeks Services, is seeking qualified and experienced applicants a lawyer with 2-5 years of experience with an empha- for an Assistant General Counsel position housed in sis on litigation. Excellent writing skills are required Oklahoma City. The ideal applicant should possess at and hiring bonuses are available for candidates with least five years of broad state and federal civil litigation judicial clerkship experience. If interested, please send experience primarily in employment law but also in civil confidential resume, references and writing sample to rights and tort actions. The duties of this litigation position [email protected]. require effective writing and communication skills to pro- vide legal representation and advice, as well as training in ASSOCIATE ATTORNEY: Barnum & Clinton, PLLC, a wide range of matters affecting the largest state govern- a well-established Norman Workers’ Compensation mental agency. The chosen candidate must be highly Defense litigation firm is seeking an associate attorney, organized and ready to accept and manage an established preferably with 3+ years’ experience. Required: ability caseload in various stages of litigation and involving a to work with others, availability for day travel, aggres- variety of legal issues. Salary is based on qualifications sive handling of legal issues, excellent professionalism, and experience. Excellent state benefits. Send resume, ref- excellent analysis/writing skills, hard-working, detail erences, and a recent writing sample (less than 1 year oriented, and good reputation. Please send resume, old) to [email protected] or mailed to Judi Abrams, including work history, law school transcript, and cover Operations Manager, Legal Services, Dept. of Human letter to [email protected]. Services, P.O. Box 25352, Oklahoma City, OK 73125-0352.
THE UNIVERSITY OF TULSA COLLEGE OF LAW Tulsa Municipal Court Judge, invites applications from both entry level and experienced Full-Time: The Tulsa City Council faculty for possible visiting faculty positions beginning is seeking applicants for one, in the 2021-2022 academic year. We seek candidates with full-time municipal court judge's superior academic records whose performance to date position. Term: July 1, 2021 - June 30, has demonstrated excellence in scholarship and teaching 2023; continuing service sub- or a strong potential to excel as scholars and teachers. The ject to biennial reappointment. areas of teaching need will include torts and criminal law Annual salary: $120,000. and may also include other first year and/or required or elective courses. The University of Tulsa College of Law, Minimum Qualifications: as an equal opportunity/affirmative action employer, • Must be licensed to practice law in the State of is committed to equality of opportunity in its employ- Oklahoma. ment of faculty and staff, without discrimination on the • Must be a resident and a registered voter in the ground of race, color, religion, national origin, gender, City of Tulsa at the time of assuming office. age, disability, or sexual orientation. Members of under- • Must have been a registered voter and actual resi- represented groups are strongly encouraged to apply. If dent of Tulsa, Osage or Rogers County for at least you would like to learn more about the College gener- six (6) months prior to the date of application. ally, you may visit our website at www.law.utulsa.edu. • Must have had a minimum of two (2) years of Please submit letters of interest, résumés and diversity experience as a licensed practicing attorney, or statements to Prof. Robert Butkin, Chair, Appointments as a judge of a court of record, or a combination Committee, University of Tulsa College of Law, 3120 E. thereof, with in the State of Oklahoma. 4th Place, Tulsa, OK 74104, or by email to robertbutkin@ To Apply: utulsa.edu. Applications are available for download at www.tul- sacouncil.org, or may be requested via email to secre- [email protected]. Completed applications must be received in the Tulsa City Council Office, City Hall Fourth Floor, 175 East Second Street, Tulsa, OK 74103 no later than 5:00 p.m. on Friday, April 23, 2021 or they will not be considered. Questions? Call 918-596-1990.
74 | APRIL 2021 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE
MULLICAN & HART IS SEEKING A LITIGATION Tremendous opportunity ASSOCIATE. The ideal candidate should have 1-5 years for a capable and energetic of prior legal experience. The candidate will support attorney with 2- 7 years of the Firm’s clients in a variety of business litigation mat- litigation experience to join Conner & Winters, ters before state and federal courts. Work activities will LLP, a regional law firm. The firm’s OKC office has include legal research and writing, discovery, prepar- an immediate need in the commercial and com- ing court filings, and participation in depositions, hear- plex litigation practice. The ideal candidate will ings and trials. Candidates should have an established, immediately have opportunities to participate in technology-driven work ethic and a focus on atten- case development, depositions, hearings and tri- tion-to-detail. In addition, OK bar admission, excellent als before state and federal courts and regulatory academic credentials and written and oral commu- agencies, as well as research, writing and discov- nications skills are required. Compensation will be ery. Qualified candidates will have excellent aca- commensurate with experience. Interested candidates demic credentials, demonstrated written and oral should submit a resume, writing sample, cover letter communications, a focus on attention-to-detail and and three references to [email protected]. an eagerness to learn and undertake new chal- lenges. Compensation will be commensurate with experience and consistent with the most competi- EXPERIENCED PERSONAL INJURY ATTORNEY tive compensation in the Oklahoma legal market. needed in the newly opened OKC office of an established Interested candidates should submit a resume, law firm. Candidates should have at least 7 years of litigation school transcript, writing sample and cover letter to experience with an emphasis on personal injury matters. [email protected]. Significant trial experience is preferred. Compensation will be commensurate with experience; significant bonuses are available. Tremendous career opportunity. Submit a confidential resume and cover letter with sal- THE DEPARTMENT OF HUMAN SERVICES, Legal ary requirements, to Box ZA, Oklahoma Bar Association, Services, is seeking qualified and experienced appli- P.O. Box 53036, Oklahoma City, OK 73152. cants for an Administrative Law Judge position, within the Office of Administrative Hearings: Child Support and housed in Oklahoma City. The ideal applicant should possess at least five years of family law experi- JUDGE ADVOCATE GENERAL’S (JAG) CORPS ence. Experience with child support matters is strongly for Oklahoma Army National Guard is seeking preferred. Effective writing and communication skills qualified licensed attorneys to commission as are required to conduct (non-jury) evidentiary hearings Judge Advocates. Selected candidates will complete to determine legal and factual questions involving child a six-week course at Fort Benning, Georgia followed support enforcement and establishment, including by a tenand one-half week Military Law course at the paternity establishment. Duties also include drafting/ Judge Advocate General’s Legal Center on the beauti- reviewing orders. This position requires the ability to ful campus of University of Virginia in Charlottesville, work at an expedited pace while handling a full docket. Virginia. This is not a full-time employment position. Proceedings are by video-teleconference and the major- Judge Advocates in the Oklahoma National Guard ity of documents are processed digitally. Compliance will ordinarily drill one weekend a month and com- with the Code of Judicial Conduct is required. Salary is plete a two-week Annual Training each year. Benefits based on qualifications and experience. Excellent state include low cost health, dental, and life insurance, PX benefits. Send resume, references, and a recent writing and commissary privileges, 401(k) type savings plan, sample (less than 1 year old) to [email protected] free CLE, and more! For additional information con- or mailed to Judi Abrams, Operations Manager, Legal tact CPT Rebecca Pettit, email Rebecca.l.pettit.mil@ Services, Dept. of Human Services, P.O. Box 25352, mail.mil or call 405-228-5052. Oklahoma City, OK 73125-0352.
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THE UNIVERSITY OF TULSA COLLEGE OF LAW The Chickasaw Nation invites applications for the Director of Academic Is accepting applications for the following: Support position. The Director of Academic Support provides programming and activities from 1L orienta- Deputy General Counsel/ Director (Job ID: 69800); tion through post‐graduation Bar preparation for stu- Supervisory Prosecutor (Job ID: 69808); dent academic and professional success. To implement Assistant General Counsel I/ Prosecutor the goals of student success, the Director of Academic (Job ID: 69810); Support will work closely with the Associate Dean of Students, administrators and faculty to envision, Legal Aide III (Job ID: 69807) develop and implement ongoing academic success, time For a description of the Chickasaw Nation, or to management, and wellness programming for all stu- complete an application and view detailed dents, with targeted programs as needed for students. information, please refer to http://www. The Director will provide programming for all 1L, 2L chickasaw.net/Careers. If you would like and 3L students, which may include, but is not limited to, additional information,you may contact: workshops, programming, one‐on‐one tutoring, skills 580.436.7259, or PO Box 1548,Ada, OK 74821. labs, mentoring, and/or other support activities that American Indian Preference will meet student learning needs and improve student outcomes based on data‐driven research. The Academic Support Director will be responsible for the law school’s Bar support and success program, including teaching the required Bar preparation course that students take in their last semester of law school. Minimum qual- ifications include J.D. from an ABA-accredited law school, excellent communication skills, and relevant THE UNIVERSITY OF TULSA COLLEGE OF LAW experience. The University of Tulsa seeks to recruit and invites applications for one or more legal writing assistant retain talented students, faculty and staff from diverse professor positions to begin August 2021. Areas of teach- backgrounds. The University of Tulsa is an affirmative ing may include, though not necessarily limited to, Legal action/equal opportunity employer and encourages Writing I, Legal Writing II, Legal Writing III. Minimum qualified candidates across all group demographics to qualifications include J.D. from an ABA‐accredited law apply. The University does not discriminate on the basis school, a strong academic record, and excellent written of personal status or group characteristic including, but and oral communication skills. Relevant legal practice not limited to race, color, religion, national or ethnic experience is preferred. The University of Tulsa College origin, age, sex, disability, veteran status, sexual orien- of Law, as an equal opportunity/affirmative action tation, gender identity or expression, genetic informa- employer, is committed to equality of opportunity in its tion, ancestry, or marital status. Please submit a cover employment of faculty and staff, without discrimination letter, résumé, diversity statement, contact information on the ground of race, color, religion, national origin, for three references to: The University of Tulsa, Office gender, age, disability, or sexual orientation. Members of Human Resources, 800 S Tucker Drive, Tulsa, OK of under‐represented groups are strongly encouraged to 74104 or submit online at tulsa.edu/job‐application. The apply. If you would like to learn more about the College review of applications will commence immediately and generally, you may visit our website at www.law.utulsa. will continue until the position is filled. The University edu. Please submit a letter of interest, resume, writing of Tulsa is an Equal Opportunity Employer including sample, and diversity statement to Prof. Robert Butkin, Disability/ Veteran. Chair, Appointments Committee, University of Tulsa College of Law, 3120 E. 4th Place, Tulsa, OK 74104, or email to robert‐[email protected].
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PERRI DUNN PLLC IS SEEKING AN ASSOCIATE ATTORNEY with 2 – 4 years of prior legal experience. Members of our growing Firm are highly motivated and enjoy working in a team atmosphere. The candidate will represent the Firm’s clients in a variety of civil litigation matters in state and federal courts. Associates will work closely with our partners, assisting in all phases of liti- gation including depositions, motion practice, discov- ery, hearings and trials. Candidates should have strong legal research and writing skills. Compensation will be commensurate with experience. Interested candidates should submit a cover letter, resume and a writing sam- ple to [email protected].
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The Back Page A High School Mock Trial Redemption By April Moaning
HAT DO YOU WANT TO Wbecome when you grow up? That is the question asked of every young student. I always responded that I wanted to become an inves- tigative reporter. At the time, I was not even quite sure if that was the proper title for the position of my dreams – I just knew I wanted to solve puzzles. I wanted to be the one to find all the nuances, put the pieces in their respective locations and present the final and complete puzzle. Fact-finding and problem solving were two skills I honed very early. I always envisioned the world as a game of “Clue.” Eventually, my father gently suggested I consider a career in the field of law. He told From their participation in high school mock trials, students learn to speak confidently me about many of his experiences in front of others. observing court as an employee of the Oklahoma Department of in any other areas of the youth and at an all-time high. What happened Human Services Child Support government program. The court- next, however, was something that Division, and it seemed both fun room was where I wanted to be! As will remain embedded in my mem- and interesting. While he did not a junior in high school, it was my ory. My partner and I made it to the attend law school and was unable first year in the competition, and I semifinals, and I was so excited! to represent parties in court, was not quite sure how to prepare. I spent all night memorizing my none of that mattered to me, and Luckily, I was paired with a senior part for the trial, as I was completely I admired his intelligence and con- who was very witty, intelligent and taken aback that I had been chosen fidence. If he thought a career in seemed to know exactly how to to advance in the competition. I the field of law was a good match present a case. I was nervous but was the only one in my grade who for me, I was definitely interested jumped in with both feet. made it to the semifinals, and at the in exploring the career path. On competition day, my partner time, I attributed much of my team’s Youth and Government, a and I presented our case and went success to my partner. She was the YMCA national program, was my toe-to-toe with other high school- more seasoned student, and I was first opportunity to get my feet wet. ers. I cannot recall what happened along for the glorious ride. I was not interested in debating during the initial competitions as it The next morning, I was ready policy or bills, nor was I interested was all a blur. My adrenaline was bright and early for the next round
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(continued from page 79) I did not participate in Youth After months of work, we of competitions. Some of the other stu- and Government during my senior traveled to Oklahoma City for the dents in my grade were traveling with year. It was not until I attended competition. Our team put on a me to the semifinals to show their school at the TU College of Law great trial, but there were many support. Unfortunately, my mock trial that I mustered up the courage to teams that were very sharp and teacher did not have the same agenda. try mock trial again. Two of my polished. We did not make it as She was our ride to the competition, good friends and I signed up for far in the competition as we had and she was running several minutes the Black Law Students Association hoped, and we traveled back to behind. I eagerly awaited her arrival mock trial competition. Our Tulsa that same day. A couple of as my partner (whose teacher had coaches were Judge Tanya Wilson, days later, I received an unex- made sure she arrived at the court- Kiemonn Jones and Professor pected email about the competi- house early) awaited my arrival at Johnny Parker. They were amazing tion. I opened the email and got the competition. My teacher finally coaches and helped us sharpen the news that I had been chosen arrived and transported my friends our direct and cross-examination for the Best Advocate award for and me to the semifinals. We were skills. They also ensured we had the Rocky Mountain Region! I 30 minutes late, and my partner was great courtroom presence and often was excited, and I felt like I had furious! She was so furious, in fact, drilled us on the rules of evidence. I redeemed myself after the unfor- she demanded I conduct the entire am most grateful for the times they tunate outcome of the high school Youth and Government competi- tion. It was one of my greatest law school accomplishments. I honestly do not believe I would have been as successful in the law school mock trial competition had it not been for my high school expe- rience. Youth and Government is where I first learned to confidently speak in front of others, became acquainted with the concepts of direct and cross-examination and learned to always expect the unex- pected and adjust accordingly. The OBF-OBA High School Mock Trial Program is phenom- enal and allows students to get their feet wet, much like I did with the Youth and Government program. With the OBA program, the high school students receive the added advantage of receiving The Bell Courtroom at the OU College of Law was the location for the 2018 Oklahoma feedback from multiple attorneys High School Mock Trial Program championship. and judges who can provide prac- trial by myself. I was rattled with fear brought other trial lawyers in to tical courtroom tips. Please con- as I was not ready to try an entire give us practical courtroom tricks sider serving as a judge or scoring case alone. I had not even mem- and tips. Ruth Addison Martin was panelist in the future. orized her parts! I froze. We lost. one of the guest lawyers who came I cried. I knew that I loved the court- to assist. She was instrumental in room, but I was embarrassed and helping with my closing argument Ms. Moaning practices in did not know when or if I would and taught me how to connect with Oklahoma City and is the Young ever try mock trial again. the jurors and judge. Lawyers Division chairperson.
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