Raising the Bar Lawyers Who Make a Difference
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VolumeVolume 8484 uu No.No. 2929 uu Nov.Nov. 2,2, 22013013 ALSO INSIDE • OBA Annual Meeting • 2014 Committee Sign-Up Forensic Accounting | Valuation Services | Litigation Support | Computer Forensics HIDDEN “The computer has become the file cabinet of thoughts, feelings, plots, conspiracies, and assets.” ~ Brook Schaub Computer Forensics Manager 405.858.5504 | www.eidebailly.com 'ILSBAR02/!(ORSE/F!$IFFERENT#OLOR 7HENISTHELASTTIMEYOUHADOPTIONS ØT'ILSBAR02/ YOUCANRECEIVEANOOBLIGATION Get Competitive Options. PROFESSIONALLIABILITYESTIMATEWITHINTWOHOURS Call The PROs Today. /URTEAMWORKSWITHØRATEDCARRIERSTOPROVIDE THETRUSTEDPROTECTIONYOURÞRMNEEDS sGILSBARPROCOM p/VERYEARSOFPROFESSIONALLIABILITYEXPERIENCE p#URRENTLYSERVINGOVER ATTORNEYS p&ASTQUOTESANDEASYRENEWALS pØCCESSTOTHEBESTCARRIERSINTHENATION Vol. 84 — No. 29 — 11/2/2013 The Oklahoma Bar Journal 2305 OBA Estate Planning, Probate and Trust Section and OBA Taxation Law Section present Thursday, November 14, 2013 3 – 6 p.m. Continuing Education Cox Convention Center Presentations and Room 4 Section Meetings Food, Beverages, Prize Drawings at the OBA Annual Meeting Free to Members of the Estate Planning, Probate and featuring Trust Section or Taxation Section (OBA members can sign up for either Section Recent Updates in at the door) Oklahoma Tax Administration Plan to Stay and Meet Other Section Members at by Tony Mastin – Executive Director, “An Evening with Oklahoma’s Best: Art, Music, Oklahoma Tax Commission Food and Wine” Recent Updates in Estate Planning 7 – 9 p.m. by Stephanie Chapman – Attorney, McAfee & During the OBA Annual Meeting Taft (Oklahoma City) Sponsored in part by the: Recent Updates in Oklahoma Taxation OBA Estate Planning, Probate and Trust Section by Sheppard F. (Mike) Miers Jr. – Attorney, and OBA Taxation Law Section Gable Gotwals (Tulsa) 2306 The Oklahoma Bar Journal Vol. 84 — No. 29 — 11/2/2013 THEME : RAISING THE BAR pg. 2346 Lawyers Who Make a Difference Annual Editor: Melissa DeLacerda Meeting contents DEPARTMENTS Nov. 2, 2013 • Vol. 84 • No. 29 2308 From the President 2337 Editorial Calendar 2377 From the Executive Director 2378 Law Practice Tips 2381 Ethics/Professional Responsibility 2382 OBA Board of Governors Actions 2386 Oklahoma Bar Foundation News 2389 Young Lawyers Division 2390 For Your Information 2392 Bench and Bar Briefs 2394 In Memoriam 2396 What’s Online 2400 The Back Page pg. 2340 Seismic FEATURES Exploration 2310 LOWE ll BARTO 2313 EL VIN BROWN 2315 GL ENDA CANTRE ll 2317 ERI C CAVETT PLUS 2319 STEVE A. CO L EMAN 2340 Seismic Operator and Surface Owner Rights Under Oklahoma’s Seismic 2322 MA C FIN L AY S ON Exploration Regulation Act 2325 GAY L ENE FL ANARY MCCA ll UM By Todd Blasdel 2328 KADE AND KATE MCCL URE 2346 Annual Meeting 2331 JOHN W. MI C HAE L 2375 Committee Sign-Up 2332 JAME S MURRAY 2376 Book Review: WHAT ’S YOUR FATE ? 2334 RI C HARD PHI ll I ps Reviewed by Melissa DeLacerda 2335 HU G H RO B ERT Vol. 84 — No. 29 — 11/2/2013 The Oklahoma Bar Journal 2307 FROM THE PRESIDENT Events Create a Busy Fall Schedule Annual Meeting Quickly Approaching By Jim Stuart The OBA is a member of the Southern Confer- to learn that Oklahoma lawyers ence of Bar Presidents, consisting of 17 states and the U.S. give back regularly to their com- Virgin Islands. Each fall a conference is held in one of the munities in a variety of ways. member states, the location rotating such that a state hosts Many times the lawyers are the conference every 18 years. This known and recog- year Oklahoma was the host state, nized in some way for held in Oklahoma City on Oct. 17-19. their public service. A total of 137 persons from the mem- Reflecting upon Earlier this year the ber states were in attendance, includ- Board of Governors ing current and past bar presidents the OBA Day of was charged with and bar executives. Service, I was identifying and sub- The OBA and its members benefit pleased but not mitting articles about from this annual conference. Not only lawyers in their dis- do we showcase the host state, but surprised to learn tricts who are unsung members share com- that Oklahoma heroes of the legal mon issues and prob- lawyers give back profession. In this lems facing lawyers issue we recognize and the practice of regularly to their some of those lawyers law — such as judi- communities in a who have made a spe- cial independence, cial contribution, of- court funding, law- variety of ways. ten in a unique and related education and unassuming way. I’m how lawyers can as- sure that through their sist following a natu- stories you will join ral disaster. When Oklahoma experienced me in feeling a special sense of deadly tornadoes last May, member bar pride in being an Oklahoma presidents and executives contacted us lawyer. seeking to help, sharing from their own I look forward to visiting with disaster relief programs and making con- each of you at the Annual Meet- tributions toward recovery efforts. My ing in Oklahoma City on Nov. thanks to OBA staff for helping make this 13-15. Time is running out. Don’t year’s conference a real success. President Stuart forget to register and attend! practices in Shawnee. Reflecting upon the OBA Day of [email protected] Service, I was pleased but not surprised 405-275-0700 2308 The Oklahoma Bar Journal Vol. 84 — No. 29 — 11/2/2013 OFFIC ERS & BOARD OF GOVERNORS James T. Stuart, President, Shawnee Renée DeMoss, President-Elect, Tulsa EVENTS CALENDAR Dietmar K. Caudle, Vice-President, Lawton Cathy M. Christensen, Immediate Past President, Oklahoma City NOVEMBER 2013 gerald C. Dennis, Antlers James A. Drummond, Norman 5 OBA Government and Administrative Law Practice Section Robert S. Farris, Tulsa meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Robert D. gifford II, Oklahoma City Contact Tamar Scott 405-521-2635 Kimberly Hays, Tulsa Douglas L. Jackson, Enid 7 OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; O. Chris Meyers II, Lawton Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Kim D. Scott pappas, Stillwater Reber [email protected] Nancy S. parrott, Oklahoma City Bret A. Smith, Muskogee OBA Lawyers Helping Lawyers discussion group meeting; 7 p.m.; Richard D. Stevens, Norman University of Tulsa College of Law, John Rogers Hall, 3120 E. 4th Pl., Rm. Linda S. Thomas, Bartlesville 206, Tulsa; RSVP to Kim Reber [email protected] Joseph M. Vorndran, Shawnee, Chairperson, OBA/Young Lawyers Division 8 OBA Law-related Education Committee meeting; 12 p.m.; Oklahoma BAR CENTER STAFF Bar Center, Oklahoma City with teleconference; Contact Suzanne Heggy John Morris Williams, Executive Director; 405-556-9612 gina L. Hendryx, General Counsel; Jim Calloway, Director of Management Assistance Program; 11 OBA Closed – Veterans Day Observed Craig D. Combs, Director of Administration; Susan Damron Krug, Director of Educational 13-15 OBA Annual Meeting; Sheraton Hotel, Oklahoma City Programs; Beverly petry Lewis, Administrator MCLE Commission; Carol A. Manning, Director 20 Ruth Bader Ginsburg Inn of Court; 5 p.m.; Oklahoma Bar Center, of Communications; Travis pickens, Ethics Counsel; Oklahoma City; Contact Donald Lynn Babb 405-235-1611 Robbin Watson, Director of Information Technology; Jane McConnell, Coordinator Law-related Education; 21 OBA Appellate Law Practice Section meeting; Loraine Dillinder Farabow, Tommy Humphries, 12 p.m.; Oklahoma Bar Center, Oklahoma City with OSU Tulsa, Tulsa; Contact Debbie Maddox, Katherine Ogden, Steve Sullins, Collin Walke 405-235-1333 Assistant General Counsels; Tommy Butler, Tanner Condley, Sharon Orth, Dorothy Walos and 27 OBA Clients’ Security Fund Committee meeting; 2 p.m.; Oklahoma Krystal Willis, Investigators Bar Center, Oklahoma City with OSU Tulsa, Tulsa; Contact Micheal Salem Manni Arzola, Jarrod Houston Beckstrom, 405-366-1234 Debbie Brink, Emily Buchanan, Susan Carey, Nickie Day, Johnny Marie Floyd, Matt gayle, 28-29 OBA Closed – Thanksgiving Observed Dieadra goss, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, Durrel Lattimore, Heidi McComb, Renee Montgomery, Larry Quinn, DECEMBER 2013 Lori Rasmussen, Wanda F. Reece, Tracy Sanders, Mark Schneidewent, Jan Thompson, Laura Willis 3 OBA Government and Administrative Law Practice Section & Roberta yarbrough meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; EDITORIAL BOARD Contact Tamar Scott 405-521-2635 Editor in Chief, John Morris Williams, News 5 & Layout Editor, Carol A. Manning, Editor, OBA Lawyers Helping Lawyers discussion group meeting; Melissa DeLacerda, Stillwater, Associate Editors: 6 p.m.; Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Dietmar K. Caudle, Lawton; Emily Duensing, Kim Reber [email protected] Tulsa; Erin Means, Moore; pandee Ramirez, Okmulgee; Mark Ramsey, Claremore; Judge For more events go to www.okbar.org/calendar Megan Simpson, Buffalo; Joseph M. Vorndran, Shawnee; Judge Allen J. Welch, Oklahoma City; January Windrix, poteau The Oklahoma Bar Association’s official website: www.okbar.org NOTICE of change of address (which must be THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar in writing and signed by the OBA member), Association. All rights reserved. Copyright© 20082013 Oklahoma Bar Association. undeliverable copies, orders for subscriptions The design of the scales and the “Oklahoma Bar Association” encircling the or ads, news stories, articles and all mail items scales are trademarks of the Oklahoma Bar Association. Legal articles carried should be sent to the Oklahoma Bar Association, in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. p.O. Box 53036, Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS pUBLISHED THREE TIMES Oklahoma Bar Association 405-416-7000 A MONTH IN JANUARy, FEBRUARy, MARCH, ApRIL, MAy, AUgUST, SEpTEM- Toll Free 800-522-8065 FAx 405-416-7001 BER, October, NOVEMBER AND DECEMBER AND BIMONTHLy IN JUNE AND Continuing Legal Education 405-416-7006 JULy.y BByy THETHE OOKLAHOMA BBAR AAssociation,, 19011901 N. LINCOLN Boulevard, Ethics Counsel 405-416-7055 OKLAHOMA CITy, OKLAHOMA 73105.