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ALSO INSIDE: Assessing the Validity of Work Policies • Abatement Ab Initio Milestone Member Anniversaries • High School Mock Trial Program Volume 89 — No. 10 — April 2018 LAW DAY 2018 SEPARATION OF POWERS: FRAMEWORK FOR FREEDOM Invoice Payment YOUR LOGO Payment Detail Amount Your Law Firm 1234 Main Street $ 500.00 Anytown, TX 12345 512-555-1234 [email protected] Card Information www.yourlawfirm.com Name on Card Roy Smith Card Number CVV 5555 5555 5555 5555 111 Exp. PAY ATTORNEY August 2020 EASY FOR YOUR CLIENTS, A NO-BRAINER FOR YOUR FIRM. SECURE credit card processing for law firms IOLTA COMPLIANT THE PREFERRED CHOICE For more than a decade, LawPay has been the go-to Approved Member Benefit solution for the legal industry. Our simple online payment of 47 STATE BARS solution helps lawyers get paid faster. LawPay lets you attach a secure payment link to your email, website, or Trusted by over invoices so that clients can pay with just a click. Our 50,000 lawyers solution was developed specifically for law firms, so earned and unearned fees are properly separated and your IOLTA is always protected from any third-party Powering payments for debiting. Simply put, no online payment processor has 30+ TOP PRACTICE more experience helping lawyers than LawPay. MANAGEMENT SOLUTIONS Bar-Approved Contact our legal payment experts at Member Benefit 866-275-2206 or visit lawpay.com/oba LawPay is a registered ISO of Citizens Bank, N.A. program planner: William Mark Bonney, Herbert M. Graves Chapter 13 Trustee, Eastern District of Oklahoma Topics & Presenters: Basic Bankruptcy - Representing the Client Jerry D. Brown, Jerry D. Brown, P.C., OKC - It’s All in the Schedules Brian Huckabee, Tulsa - I’ve got the Automatic Stay, Now what? Seminar Elaine M. Dowling, Dowling Law Office, OKC - Who are the United States Trustee? Charles Snyder, Trial Attorney, FRIDAY, MAY 4, 9 a.m. - 2:50 p.m. 6/0 Office of the U.S. Trustee, OKC Oklahoma Bar Center - Live Webcast Available - Is Chapter 13 the best option for my Client? Greggory T. Colpitts, Join us by leaping into the law of Bankruptcy. The Colpitts Law Firm, Tulsa Linda Ruschenberg, Chapter 13 Learn the basics of Bankruptcy Law, case administration, how to prepare a Trustee for the Northern District of case for filing and your client's discharge and more. Oklahoma - Panel Discussion Early registration by April 27, 2018 is $150.00. Registration received after April 27, 2018 is $175.00 and walk-ins are William Mark Bonney, $200.00. Registration includes continental breakfast and lunch. To receive a $10 discount on in-person programs register Jerry D. Brown, Brian Huckabee, online at www.okbar.org/members/CLE. Registration for the live webcast is $200. Members licensed 2 years or less may Elaine M. Dowling, Charles Snyder, register for $75 (late fees apply) for the in-person program and $100 for the webcast. All programs may be audited (no Greggory T. Colpitts, materials or CLE credit) for $50 by emailing [email protected] to register. & Linda Ruschenberg For details and to register go to: www.okbar.org/members/CLE Stay up-to-date and follow us on contentsApril 2018 • Vol. 89 • No. 10 THEME: LAW DAY 2018 Editor: Carol Manning FEATURES PLUS 6 OUR FAVORITE TIME OF THE YEAR: LAW DAY 36 NEW STANDARD APPLIES TO ASSESSING THE BY ROY TUCKER VALIDITY OF WORK POLICIES UNDER THE NATIONAL LABOR RELATIONS ACT 9 VOLUNTEERS NEEDED FOR ONE-DAY BY DONN MEINDErtSMA AND STATEWIDE HOTLINE HAYLEY STEPHENS 10 LAW DAY CONTEST WINNERS 40 ABATEMENT AB INITIO: OLD WINE IN NEW CASING OR OLD WINE WITH A NEW KICK? program planner: 24 COUNTY LAW DAY CHAIRPERSONS BILLS OF INTEREST William Mark Bonney, BY MBILIKE M. MWAFULIRWA Herbert M. Graves Chapter 13 Trustee, 26 COUNTY BAR ASSOCIATION ACTIVITIES Eastern District of Oklahoma 47 MILESTONE BAR MEMBER ANNIVERSARIES 32 LAW DAY PROCLAMATION AND DIRECTIVE Topics & Presenters: 50 LEGISLATIVE REPORT: DAY AT THE CAPITOL - Representing the Client Basic Bankruptcy HIGHLIGHTS Jerry D. Brown, Jerry D. Brown, P.C., OKC BY ANGELA AILLES BAHM - It’s All in the Schedules Brian Huckabee, Tulsa DEPARTMENTS 52 MOCK TRIAL: A COMPETITION OF CONSTRUCTIVE - I’ve got the Automatic Stay, MADNESS IN MARCH Now what? 4 FROM THE PRESIDENT BY KEVIN H. CUNNINGHAM Elaine M. Dowling, Seminar 56 FROM THE EXECUTIVE DIRECTOR Dowling Law Office, OKC - Who are the United States Trustee? 58 LAW PRACTICE TIPS Charles Snyder, Trial Attorney, FRIDAY, MAY 4, 9 a.m. - 2:50 p.m. 6/0 Office of the U.S. Trustee, OKC 60 ETHICS & PROFESSIONAL RESPONSIBILITY Oklahoma Bar Center - Live Webcast Available - Is Chapter 13 the best option OARD OF OVERNORS CTIONS for my Client? 62 B G A Greggory T. Colpitts, 66 OKLAHOMA BAR FOUNDATION NEWS Join us by leaping into the law of Bankruptcy. The Colpitts Law Firm, Tulsa Linda Ruschenberg, Chapter 13 68 YOUNG LAWYERS DIVISION Learn the basics of Bankruptcy Law, case administration, how to prepare a Trustee for the Northern District of Validity of Work Policies – Page 36 case for filing and your client's discharge and more. Oklahoma 70 FOR YOUR INFORMATION - Panel Discussion 72 BENCH AND BAR BRIEFS Early registration by April 27, 2018 is $150.00. Registration received after April 27, 2018 is $175.00 and walk-ins are William Mark Bonney, $200.00. Registration includes continental breakfast and lunch. To receive a $10 discount on in-person programs register Jerry D. Brown, Brian Huckabee, 73 IN MEMORIAM online at www.okbar.org/members/CLE. Registration for the live webcast is $200. Members licensed 2 years or less may Elaine M. Dowling, Charles Snyder, register for $75 (late fees apply) for the in-person program and $100 for the webcast. All programs may be audited (no Greggory T. Colpitts, 74 EDITORIAL CALENDAR materials or CLE credit) for $50 by emailing [email protected] to register. & Linda Ruschenberg 76 WHAT’S ONLINE For details and to register go to: www.okbar.org/members/CLE 80 THE BACK PAGE Abatement Ab Initio – Page 40 Stay up-to-date and follow us on FROM THE PRESIDENT The Power of Three aw Day is May 1, and I hope you are planning and “the good, the bad and the ugly.” to be a part of the important day. Your county A genie grants three wishes, Goldilocks bar association is planning local events, and has her three bears and the three little Lour OBA Law Day Committee is putting the finishing pigs fight valiantly against the big, bad touches on our OBA celebrations. This year the wolf. Good things come in threes! Oklahoma Bar Association will be celebrating the As attorneys, we must continue to 67th anniversary of Law Day. The year 2018 will educate the public about our founders’ mark the 42nd year OBA members are offering free greatest legacy – a republic composed legal advice to the public. The Ask A Lawyer TV show of THREE separate and equal branches, will air May 3 at 7 p.m. on OETA. with the judicial branch entrusted The 2018 Law Day theme is “Separation of with ensuring that all Americans Powers: Framework for Freedom.” We learned in receive justice under the law. An elementary school that the Founding Fathers drafted indispensable element of our system a constitution that created a of government is an national government consisting of I encourage you to take independent judiciary. three branches. All three branches We must ensure were needed to have a working the opportunity of the 2018 that our heritage government, and no one branch Law Day theme to remind of an independent was to have too much power. third branch is Do you think our Founding others that our framework passed on to our Fathers were influenced by the of freedom remains strong future generations. I power of the number three when encourage you to take they were when our three branches the opportunity of the creating the 2018 Law Day theme framework of government remain to remind others for our separate and equal. that our framework government? of freedom remains Look around and take note of strong when our three branches of the ways in which the number government remain separate and THREE is front and center equal. Now, “go, see and conquer” the in everyday life. Only three excitement of Law Day. primary colors (red, yellow and blue) are needed to mix most Author’s Note: Many thanks to Oklahoma other colors. A batter has three Court of Criminal Appeals Judge Dana strikes in baseball. Trilogies are Kuehn for her recent presentation in Tulsa, President Hays practices in Tulsa. [email protected] powerful and memorable: “snap, which inspired this examination of the 918-592-2800 crackle, pop,” “ready, set, go!” number three. 4 | APRIL 2018 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2018 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 89 — No. 10 — April 2018 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair responsible for the content of their ads, and Editor-in-Chief [email protected] LUKE ADAMS, Clinton the OBA reserves the right to edit or reject any advertising copy for any reason. CAROL A. MANNING, Editor CLAYTON BAKER, Vinita Legal articles carried in THE OKLAHOMA [email protected] BAR JOURNAL are selected by the Board of AARON BUNDY, Tulsa Editors.
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