Attorney/Client Disputes: a Role for Arbitration? • Bar Launches News Web Pages Vol

Volume 79 u No. 10 u April 12, 2008

ALSO INSIDE • Attorney/Client Disputes: A Role for Arbitration? • Bar Launches News Web Pages Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal • Academy Seeks to Develop Future801 Bar Leaders Calendar of Events Calendar of Events OBA CLE Seminars OBA CLE Webcasts

April 17 MAY 9 Hot Topics in Mediation for Advocates Workers’ Compensation: You Can’t April 16 and Mediators - OKC Make This Stuff Up! - OKC Oklahoma Condominium law 6 hrs. of MCLE credit, including 6 hrs. of MCLE credit, including 1 hr. of MCLE credit, including 0 hrs. of ethics 1 hr. of ethics 1 hr. of ethics $50 Oklahoma Bar Center Oklahoma Bar Center 1901 N. Lincoln Blvd. 1901 N. Lincoln Blvd. MAY 7 April 18 Oklahoma insurance law A Civil Attorney’s responsibility to Elder law Essentials - OKC Update 2008 - Tulsa Screen Clients for Domestic Violence 6 hrs. of MCLE credit, including 6 hrs. of MCLE credit, including 1 hr. of MCLE credit, including 0 hrs. of ethics 1 hr. of ethics 0 hrs. of ethics $50 Oklahoma Bar Center Renaissance Hotel 1901 N. Lincoln Blvd. 6808 S. 107th E. Ave. MAY 13 reinventing Your law practice - Tulsa MAY 15 Advanced internet research (Webinar) 6 hrs. of MCLE credit, including 2.5 hrs. of MCLE credit, including 0 hrs. of ethics Current Federal regulatory issues for 0 hrs. of ethics $125 Financial institutions and Technology Renaissance Hotel 6808 S. 107th East Ave. Service providers - OKC MAY 14 8 hrs. of MCLE credit, including MAY 22 April 25 1 hr. of ethics Domestic Violence Safety planning Oklahoma Bar Center Making Your Case With a for Family law Attorneys reinventing Your law practice - OKC 1901 N. Lincoln Blvd. Better Memory - OKC 1 hr. of MCLE credit, including 0 hrs. of ethics 6 hrs. of MCLE credit, including 8 hrs. of MCLE credit, including $50 0 hrs. of ethics MAY 16 0 hrs. of ethics Oklahoma Bar Center Oklahoma Bar Center JUNE 3 Workers’ Compensation: You Can’t 1901 N. Lincoln Blvd. 1901 N. Lincoln Blvd. Make This Stuff Up! - Tulsa Update to Oklahoma’s immigration law MAY 1 6 hrs. of MCLE credit, including MAY 29 2 hrs. of MCLE credit, including 0 hrs. of ethics 1 hr. of ethics $100 The 25th Annual Basic Bankruptcy Renaissance Hotel Building Your Million-Dollar practice - Seminar: Silver Anniversary of 6808 S. 107th E. Ave. And Your Dream retirement - OKC JUNE 10 A webcast is considered live learning Bankruptcy Basics 8.5 hrs. of MCLE credit, including programming and does not count Chapter 7 - OKC Oklahoma insurance law 0 hrs. of ethics Federal legislative Update 2008 6 hrs. of MCLE credit, including Update 2008 - OKC Oklahoma Bar Center 2.5 hrs. of MCLE credit, including 0 hrs. of ethics toward the three MCLE hour 2 hrs. of ethics 6 hrs. of MCLE credit, including 1901 N. Lincoln Blvd. $125 Oklahoma Bar Center 0 hrs. of ethics online limit. 1901 N. Lincoln Blvd. Oklahoma Bar Center MAY 30 JUNE 17 1901 N. Lincoln Blvd. MAY 2 law practice phase Two: Building a Oklahoma legislative Update 2008 plan for the Next Era of Your 14th Annual legal institute of pickens MAY 21 2 hrs. of MCLE credit, including Career - OKC County, i.T. - Ardmore 0 hrs. of ethics Making Your Case With a 4.5 hrs. of MCLE credit, including Register online at 6 hrs. of MCLE credit, including $100 Better Memory - Tulsa 0 hrs. of ethics 1 hr. of ethics 8 hrs. of MCLE credit, Oklahoma Bar Center Dornick Hills Golf and Country Club including 0 hrs. of ethics 1901 N. Lincoln Blvd. www.legalspan.com/okbar/ 519 Country Club Rd. Renaissance Hotel 6808 S. 107th E. Ave. webcasts.asp Check registration times at www.okbar.org You may register online at April & May 2008 www.okbar.org or call (405) 416-7006 April, May & June 2008 Calendar of Events OBA CLE Webcasts

April 16 Oklahoma Condominium law 1 hr. of MCLE credit, including 0 hrs. of ethics $50 MAY 7 A Civil Attorney’s responsibility to Screen Clients for Domestic Violence 1 hr. of MCLE credit, including 0 hrs. of ethics $50 MAY 13 Advanced internet research (Webinar) 2.5 hrs. of MCLE credit, including 0 hrs. of ethics $125 MAY 14 Domestic Violence Safety planning for Family law Attorneys 1 hr. of MCLE credit, including 0 hrs. of ethics $50 JUNE 3 Update to Oklahoma’s immigration law 2 hrs. of MCLE credit, including 0 hrs. of ethics $100 JUNE 10 A webcast is considered live programming and does not count Federal legislative Update 2008 2.5 hrs. of MCLE credit, including 0 hrs. of ethics toward the three MCLE hour $125 online limit. JUNE 17 Oklahoma legislative Update 2008 2 hrs. of MCLE credit, including 0 hrs. of ethics $100 Register online at www.legalspan.com/okbar/ webcasts.asp

April, May & June 2008

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802 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 DEPARTMENTS THEME: 804 From the President LAW DAY 863 From the Executive Director 865 Law Practice Tips 869 Ethics/Professional Responsibility 871 OBA Board of Governors Actions contents 876 Oklahoma Bar Foundation News April 12, 2008 • Vol. 79 • No. 10 882 Access to Justice 886 Young Lawyers Division 887 Calendar pg. 807 889 For Your Information 891 Bench and Bar Briefs 895 In Memoriam 864 Editorial Calendar 904 The Back Page

pg. 847 Arbitration FEATURES 807 OBA Annual Tradition Marks 30th Anniversary By Giovanni Perry 812 Law Day 2008 Contest Winners 832 County Law Day Chairpersons PLUS 834 County Bar Association 847 Attorney/Client Disputes in Oklahoma: Activities A Role for Arbitration? 841 Supreme Court Law Day By Stanley Leasure and Wayne L. Anderson Directive 854 OBA Members Celebrate Significant 842 Governor Signs Law Day Milestones Proclamation 857 Bar Launches News Web Pages By Jim Calloway 858 Academy Seeks to Develop Future Bar Leaders By Bill Conger 859 Mock Trial Volunteers Complete Another Season 862 Photo Highlights: Board of Governors pg. 858 Travels to McCurtain County

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 803 FROM THE PRESIDENT

The Rule of Law By Bill Conger

Law Day is May 1, and the American Bar Asso- clergy, teachers, doctors, lawyers, ciation theme this year is the Rule of Law. This theme is business people, police, fire depart- particularly important now as we witness the events in ment, the military — in essence all Pakistan where the government of Pervez Musharraf fields of endeavors. As ABA Presi- suspends the constitution, puts the sitting Supreme dent William Neukom so aptly Court under house arrest, installs its own justices and states, “The Rule of Law is a frame- arrests scores of protesting lawyers. In our own country, work guiding the relationship of we are beset by serious threats to the citizens with our fel- independence of our judiciary, a rising low citizens, of citi- population of persons who are denied zens with their gov- access to justice because they cannot There can ernments and of afford it and the existence of too many be no social governments with laws that are biased toward special inter- other governments. ests. justice without It is nothing less The term “rule of law” is one that many simple justice – than the essential of us, and not just lawyers, use so often the rule of law. foundation of com- but never really understand its meaning. munities of equity Since it sounds like a good principle, and opportunity of many use the term to legitimize a particular belief about any scale and any the correctness of a law. Such was the case recently location. There can be no social when the John Birch Society and other groups staged justice without simple justice — what they called a “Rule of Law Rally” in support the rule of law.” of House Bill 1804 — the immigration bill. That is not OBA HOLDS CONFERENCE what the rule of law means to me. The rule of law is a concept. In order to increase more awareness of how the absence of an I have read many definitions of the rule of law. Many adequate rule of law infrastructure are substantially similar, but I believe the working defi- consigns billions of people to lives nition provided by the World Justice Project cap- characterized by violence, poverty, tures the concept in its broadest sense and in the corruption, ignorance and poor most succinct way. The rule of law compromises health and to promote better four universal principles: awareness of the importance of the 1. A system of self-government in which all per- rule of law across all segments of sons, including the government, are account- society, the Oklahoma Bar Associa- able under the law; tion sponsored a Rule of Law Con- ference on April 11 at the Meinders 2. A system based on fair, publicized, School of Business at Oklahoma broadly understood and stable laws; City University. The conference was an educational event and 3. A fair, robust and accessible legal process in included, by invitation only, lead- which rights and responsibilities based in law ers from diverse sectors and disci- are enforced impartially; President Conger plines, such as government, busi- is general counsel 4. Diverse, competent, independent and ethical ness, law, medicine, the clergy, at Oklahoma City lawyers and judges. media and law enforcement. University. We are excited to be a part of this [email protected] Because their principles are universal, they mat- initiative. (405) 208-5845 ter to all of us who make up our community — the

804 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 OFFICERS & BOARD OF GOVERNORS J. William Conger, President, Oklahoma City Jon K. Parsley, President-Elect, Guymon EVENTS CALENDAR Michael C. Mordy, Vice President, Ardmore Stephen D. Beam, Immediate Past President, APRIL Weatherford Julie E. Bates, Oklahoma City 15 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Bar Jack L. Brown, Tulsa Center, Oklahoma City and OSU Tulsa; Contact: James Milton (918) 591- Cathy M. Christensen, Oklahoma City 5229 Donna Dirickson, Weatherford Robert S. Farris, Tulsa 16 OBA Clients’ Security Fund Committee Meeting; 2 p.m.; Oklahoma Brian T. Hermanson, Ponca City Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: W. Mark Hixson, Yukon Jerry L. McCombs, Idabel Micheal Salem (405) 366-1234 Deborah A. Reheard, Eufala 17 OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar Alan Souter, Bristow Peggy Stockwell, Norman Center, Oklahoma City; Contact: H. Terrell Monks (405) 733-8686 James T. Stuart, Shawnee 23 OBA Bar Center Facilities Committee Meeting; 9 a.m.; Oklahoma Kimberly Warren, Tecumseh, Chairperson, OBA/Young Lawyers Division Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: John Morris Williams (405) 416-7000 BAR CENTER STAFF John Morris Williams, Executive Director; 24 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Dan Murdock, General Counsel; Donita Bourns Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack Douglas, Director of Educational Programs; Brown (918) 581-8211 Carol A. Manning, Director of Communications; Craig D. Combs, Director of Administration; 25 OBA Board of Governors Meeting; Oklahoma Bar Center, Oklahoma Gina L. Hendryx, Ethics Counsel; Jim Calloway, Director of Management Assistance Program; Rick City; Contact: John Morris Williams (405) 416-7000 Loomis, Director of Information Systems; Beverly S. 26 OBA Young Lawyers Division Meeting; 9:30 a.m.; Oklahoma Bar Petry, Administrator MCLE Commission; Jane McConnell, Coordinator Law-related Education; Ja- Center, Oklahoma City; Contact: Kimberly Warren (405) 239-7961 nis Hubbard, First Assistant General Counsel; Mark 29 OBA Law-related Education Committee Meeting; 4 p.m.; Oklahoma Davidson, Loraine Dillinder Farabow and Janna D. Hall, Assistant General Counsels; Robert D. Bar Center, Oklahoma City; Contact: Debra Jenkins (405) 416-7028 Hanks, Senior Investigator; Sharon Orth , Dorothy Walos and Krystal Willis, Investigators MAY Nina Anderson, Manni Arzola, Jenn Barrett, Debbie Brink, Melissa Brown, Brenda Card, 1 OBA Ask A Lawyer Day; Oklahoma City and Tulsa; Contact: Melissa Sharon Dotson, Johnny Marie Floyd, Matt Gayle, Brown (405) 416-7017 Susan Hall, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, Durrel Lattimore, Debora 8 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Lowry, Heidi McComb, Renee Montgomery, Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack Wanda Reece-Murray, Tracy Sanders, Mark Brown (918) 581-8211 Schneidewent, Robbin Watson, Laura Willis & Roberta Yarbrough OBA Professionalism Committee Meeting; 4 p.m.; Oklahoma Bar EDITORIAL BOARD Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Editor in Chief, John Morris Williams, News & Sharisse O’Carroll (918) 584-4192 Layout Editor, Carol A. Manning, Editor, Melissa DeLacerda, Stillwater, Associate Editors: Steve 9 OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar Center, Barnes, Poteau; Martha Rupp Carter, Tulsa; Mark Oklahoma City and OSU Tulsa; Contact: Lynn S. Worley (918) 747-4610 Curnutte, Vinita; Leslie D. Guajardo, Oklahoma City; John Munkacsy, Lawton; Pandee Ramirez, Okmulgee; Julia Rieman, Enid; James Stuart, For more events go to www.okbar.org/news/calendar.htm Shawnee and Judge Lori M. Walkley, Norman NOTICE of change of address (which must be in The Oklahoma Bar Association’s offi cial Web site: www.okbar.org writing and signed by the OBA member), unde- liverable copies, orders for subscriptions or ads, THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar news stories, articles and all mail items should be Association. All rights reserved. Copyright© 2008 Oklahoma Bar Association. sent to the Oklahoma Bar Association, P.O. Box The design of the scales and the “Oklahoma Bar Association” encircling the 53036, Oklahoma City, OK 73152-3036. scales are trademarks of the Oklahoma Bar Association. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association (405) 416-7000 Toll Free (800) 522-8065 FAX (405) 416-7001 THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS PUBLISHED THREE TIMES Continuing Legal Education (405) 416-7006 A MONTH IN JANUARY, FEBRUARY, MARCH, APRIL, MAY, AUGUST, SEPTEM- Ethics Counsel (405) 416-7083 BER, OCTOBER, NOVEMBER AND DECEMBER AND BIMONTHLY IN JUNE AND General Counsel (405) 416-7007 JULY. BY THE OKLAHOMA BAR ASSOCIATION, 1901 N. LINCOLN BOULEVARD, Law-related Education (405) 416-7005 OKLAHOMA CITY, OKLAHOMA 73105. PERIODICALS POSTAGE PAID AT OKLA- HOMA CITY, OK. POSTMASTER: SEND ADDRESS CHANGES TO THE OKLAHOMA Lawyers Helping Lawyers (800) 364-7886 BAR ASSOCIATION, P.O. BOX 53036, OKLAHOMA CITY, OK 73152-3036. SUBSCRIP- Mgmt. Assistance Program (405) 416-7008 TIONS ARE $55 PER YEAR EXCEPT FOR LAW STUDENTS REGISTERED WITH THE Mandatory CLE (405) 416-7009 OKLAHOMA BAR ASSOCIATION, WHO MAY SUBSCRIBE FOR $25. ACTIVE MEM- OBJ & Communications (405) 416-7004 BER SUBSCRIPTIONS ARE INCLUDED AS A PORTION OF ANNUAL DUES. ANY Board of Bar Examiners (405) 416-7075 OPINION EXPRESSED HEREIN IS THAT OF THE AUTHOR AND NOT NECESSAR- Oklahoma Bar Foundation (405) 416-7070 ILY THAT OF THE OKLAHOMA BAR ASSOCIATION, OR THE OKLAHOMA BAR JOURNAL BOARD OF EDITORS.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 805 806 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 LAW DAY 2008 OBA Annual Tradition Marks 30th Anniversary By Giovanni Perry, Law Day Committee Chair

klahoma has always celebrated Law Day in a big way. Annual art and writing contests, an informative TV show Oand 12 nonstop hours of free legal advice have been the foundation of this state’s big day for the legal community. It’s our way to show the public the important work we as lawyers do daily. And this year marks the 30th anniversary for the Ask A Lawyer project, an essential element of Oklahoma’s Law Day activities. This year also celebrates the 50th anniversary of Law Day nationally, which was developed by Wewoka attorney Hicks Epton. The OBA Law Day Committee is very proud of these traditions carried out every May 1.

ASK A LAWYER TV SHOW CONTESTS AND ACTIVITIES This year’s Ask A Lawyer television program This year we continued to offer expanded will air May 1 at 7 p.m. on OETA stations activities and contests for school-aged children. across the state. A series of segments will be The Law Day theme this year is, “Elections: shown during the hour to provide a glimpse Democracy in Action.” The committee offers a into Oklahoma’s legal community. wide variety of contests, and this year more This year’s show highlights several current than 1,600 students from across Oklahoma issues in the legal world and what Oklahoma submitted entries in the OBA Law Day contests. lawyers are doing to make a difference. Viewers The winners have been announced, and they will hear about one man’s journey through the can be viewed at www.okbar.org and on page state’s mental health court system and how 812 of this issue. he’s gone from being a drug addict to a caring grandfather. Pet owners should be interested in In addition to the contests, we also targeted the show’s “animal law” segment, which ninth and tenth graders with an online explains how to ensure that a pet is cared for citizenship test. This is a 25-question, should its owner pass away. The show will also multiple-choice quiz using questions taken touch on the tort reform issue by featuring a from the actual U.S. citizenship test. Students mother who took action after her son was automatically receive scores and an explanation killed as a result of a vehicle defect. about the questions they missed.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 807 High school juniors and seniors were encouraged to learn more about how the law changes after they reach their 18th birthday. On the Law Day Web site, the committee has provided the Legal Guide for Young Adults in Ask A Oklahoma, which is prepared by the OBA’s Law-related Education Committee. H FREE LEGAL ADVICE Final preparations are under way for the awyer statewide Ask A Lawyer call-in event, to be L held May 1. This may be one of the best ways all Oklahoma bar members can participate in the national celebration of Law Day. This annual event gives us a unique opportunity to Thursday, May 1 provide a valuable community service while promoting positive public relations for bar members. 7-8 p.m. Callers statewide will be able to reach an attorney by calling (800) 456-8525 throughout the day on May 1. The OBA and the committee OETA stations work with each county Law Day chairperson in setting up a network of local phone numbers so that those who prefer to speak to a local attorney will be able to see and call those numbers during the broadcast. Volunteer FEATURING attorneys in each participating county staff the SEGMENTS ON: phones and answer questions for a predetermined time period. Oklahoma and I Tulsa County attorneys work together to staff Mental Health Court the toll-free, statewide phone number from 9 I Animal Law a.m. to 9 p.m. I Tort Reform To make this community service project a success, the Law Day Committee needs your Hosted by Melissa DeLacerda help. It takes a total of 30 attorneys for each two-hour shift to fully staff the statewide Moderated by Dick Pryor number. That effort, combined with the local county bars creates a huge need for attorneys Special Guests: to step forward. To volunteer in Oklahoma County, contact Connie Creed at (405) 236- Oklahoma Supreme Court Chief 8421, or send e-mail to [email protected]. In Tulsa County, contact Jason Bashforth, (918) Justice James Winchester 591-5296, e-mail [email protected] or Dan OBA President Bill Conger Crawford, (918) 749-8400, e-mail liondc@gmail. com. Those of you wishing to volunteer in other counties should call your Law Day chairperson. You can find that person’s name in the related story in this issue. Phone banks are located at the OETA studios in Oklahoma City and Tulsa. The Law Day Committee has again committed to branch out to the Latino community by offering free legal advice in Spanish. Each shift H in Tulsa and Oklahoma City will need Spanish- speaking volunteers. If you speak Spanish or

808 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 know non-attorneys who would volunteer to signed a proclamation designating May 1, translate, we need your help! 2008, as Law Day in Oklahoma. DIRECTIVE AND PROCLAMATION GET INVOLVED! Another important aspect of Law Day We hope all of you will participate in some includes a directive, which this year was signed way in Law Day, whether it’s volunteering to by Oklahoma Supreme Court Chief Justice provide free legal advice in your county, James Winchester on Feb. 22. By signing the making a presentation to a local school group directive, the chief justice encourages courts to or organization or joining us on the Law Day host Law Day events. This year, nearly all of Committee. Planning for the 2009 celebration our contest first-place winners were present to begins almost as soon as the 2008 celebration have their photos taken with Chief Justice ends, and we need your ideas! If you’d like to Winchester and OBA President Bill Conger. We join this fun, yet very hardworking committee, once again filmed a segment with the chief contact me at (405) 601-2222 or e-mail me at justice talking to the contest winners about this [email protected]. We would love for year’s theme and fielding questions from the you to join us. Happy Law Day! students. Also, this year Gov. Brad Henry has

Law Day contest winners display their artwork at a state Capitol ceremony attended by Law Day Committee Chair Giovanni Perry and Vice Chair Kim Spady (back row, left) along with Oklahoma Supreme Court Chief Justice James Winchester (back row, right). Photo: Legislative Service Bureau Photo Division

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 809 H H H H H H Volunteer Lawyers Needed to Give Free Legal Advice

• Several hundred attorneys needed in Tulsa and Oklahoma City • Thursday, May 1 • 9 a.m. to 9 p.m. • Location: OETA Studios in Tulsa and Oklahoma City • Two-hour shifts. • OBA provides reference guides for commonly asked questions • Food and snacks will be served To sign up, contact: • Oklahoma County: Connie Creed (405) 236-8421 [email protected] • Tulsa County: Ask A Jason Bashforth (918) 591-5296 H [email protected] awyer Dan Crawford L (918) 749-8400 [email protected] • Other Counties: Call your Law Day Chairperson to help answer phones. H H H H H H

810 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 ¿Habla Español? We need you! Spanish-speaking attorneys are needed to give free legal advice on Ask A Lawyer day. Non-attorney translators are also needed. The OBA is making a greater effort this year to reach out to the Latino community, so we expect to hear from Spanish-speaking callers. When: Thursday, May 1 9 a.m. – 9 p.m. (two-hour shifts) OETA Studios in Oklahoma City and Tulsa

To sign up: Oklahoma City Tulsa Connie Creed • (405) 236-8421 Jason Bashforth • (918) 591-5296 [email protected] [email protected] Dan Crawford • (918) 749-8400 [email protected] ¡Alli los miramos!

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 811 Law Day 2008 Contest Winners “Elections: Democracy in Action” The OBA Law Day Committee would like to thank Oklahoma educators, students and their families for participating in the 2008 Law Day contests. More than 1,600 entries were received from across the state. This year’s theme, “Elections: Democracy in Action,” encouraged children to learn about the importance of elections and the value of democracy. Art contests were offered to the younger students. The coloring contests for pre-kindergarteners, kindergarteners and transitional first graders were again a tremendous success. More than half of the total entries were coloring contest entries. First and second grade students could enter a drawing contest, while third and fourth graders could create a collage. Fifth through eighth graders could choose between entering a diorama or creative writing. The creative free for all category for ninth through 12th graders invited students to use their imaginations and choose any medium to demonstrate the Law Day theme. The students took on the challenge and came through with outstanding results: some examples were pastel drawings, creative writing and performing original songs. One student was designated the “grand prize winner” for having submitted the best overall entry from all grades. Finally, two fun activities were available for high school students: an online quiz based on the actual U.S. citizenship test, and the Legal Guide for Young Adults in Oklahoma, which helps teenagers understand the rights and responsibilities that they are granted upon reaching their 18th birthday. Teachers were given access to a test over the guide online. County bar associations will officially present the contest winners in their county with plaques and prize money later this school year.

The Oklahoma Bar Journal is proud to present the 2008 contest winners…

812 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Coloring Contest Winners H Pre-Kindergarten H

1st Place: Piper Adair Briggs Early Learning Center, Tahlequah

H H H H H H H H H Teacher: Jamie Wilder

Honorable Mentions: Paisleigh Atwood, Morrison Elementary Cameron Clark, Christian Heritage Academy, Del City Darian Curry, Kirk Preschool, Tulsa Laney Draper, Christian Heritage Academy, Del City Ethan Howard, Kirk Preschool, Tulsa Clay Hunter, Taloga Elementary Keaundra Kirk, Briggs Early Learning Center, Tahlequah Megan Lemieux, Christian Heritage Academy, Del City Jadyn Nunley, Sterling Elementary Lara Quickle, Sterling Elementary Emma Reherman, Okarche Elementary Sarah Sherrard, Christian Heritage Academy, Del City

2nd Place: Baylor Coffman

H H H H H H H H H Christian Heritage Academy, Del City Teacher: Donna Alexander

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 813 Coloring Contest Winners H Kindergarten H

1st Place: Stormy White Seiling Public School Teacher: Jan Smart

H H H H H H VOTE H H H H H H Honorable Mentions: Elizabeth Bayless, Temple Elementary Derek Bright, All Saints Catholic School, Norman Rian Briggs, Emerson Elementary, Duncan Kenneth Leroy Calbert III, Vian Elementary Blake Chandler, Vian Elementary Gray Cloud, Vian Elementary Brooks Coffee, Vian Elementary Lauren Cyricacks, Maud Elementary Hannah Dillard, Maryetta School, Stilwell Chassidy Dixon, Emerson Elementary, Duncan Kayleigh Duncan, Maryetta School, Stilwell Ian Ellis, All Saints Catholic School, Norman Cooper Evans, Seiling Public School Julianne Fields, Broadmoore Elementary, Moore Sydney Flynn, Perkins-Tryon Elementary Nikiah French, Maryetta School, Stilwell Evelyn Hills, Seiling Public School Rosilyn Hodge, Broadmoore Elementary, Moore Sarai Huizar, Emerson Elementary, Duncan Samantha McEachern, Seiling Public School Joseph Wayne McMahon, Vian Elementary Evan Moore, Emerson Elementary, Duncan Catelyn Oblander, Westwood Early Childhood Center, Woodward Olivia Ortega, All Saints Catholic School, Norman Bobby John Smith, Vian Elementary 2nd Place: Jayce Smith, Broadmoore Elementary, Moore Skyler Leo Spencer, Vian Elementary Katie Stephenson, Maryetta School, Stilwell Hannah Barrick Haylan Thompson, Maryetta School, Stilwell Raven Tomberlin, Seiling Public School Cyril Elementary Macie Vaught, Butner Elementary Lexie Vinson, Vian Elementary Teacher: Sherri Pierce Cody Williams, Emerson Elementary, Duncan

814 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Coloring Contest Winners H Transitional First Grade H

1st Place: Trevor Thompson Cordell Elementary Teacher: Sherri Goeringer H H H H H H H H H H Honorable Mentions: Cloie Banks, Cordell Elementary Kerrie Helt, Cordell Elementary Gage Madison, Cordell Elementary Gavin Penner, Cordell Elementary Jessica Shaffer, Cordell Elementary Creed Skidmore, Pleasant Vale Elementary, Enid H H H H H H H H H H

2nd Place: Laura Schmidt Cordell Elementary Teacher: Sherri Goeringer

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 815 Drawing Contest Winners H First Grade H

1st Place: Shayci Lee Wile Taloga Elementary Teacher: Amber Coker Honorable Mentions: Angel Espinoza, Geary Elementary Cassidi Hindman, Pawhuska Elementary

H H H H H H VOTE H H H H H H

2nd Place: Ivie Schwarz Covenant Community School, Stillwater Teacher: Karen Walters

816 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Drawing Contest Winners H Second Grade H

1st Place: Plizia Bishop Maryetta School, Stilwell Teacher: Samilou Smith Honorable Mentions: Samuel Carroll, Bethany Earl Harris Elementary, Bethany Helen Dai, Covenant Community School, Stillwater Sprinkle Luellen, Jennings Public Schools Garrett McCrackin, Jennings Public Schools Hannah Morton, Maryetta School, Stilwell Dawson Robinson, Jennings Public Schools Landon Unger, Maryetta School, Stilwell H H H H H H VOTE H H H H H H

2nd Place: Mattie Eagleton Maryetta School, Stilwell Teacher: Samilou Smith

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 817 Collage Contest Winners H Third Grade H

1st Place: Honorable Mentions: Ruthie Ashley, Jenks East Elementary Thomas Stege Colin Bost, Crossings Christian School, Oklahoma City Clarissa Brocato, Covenant Community School, Stillwater Kolbe Academy, Norman Wanda Clark, Prague Elementary Teacher: Marie Stege Matthew Craig Jr., Alex Elementary Rayvin Diego, Alex Elementary Lily Everett, Covenant Community School, Stillwater Bayli Hyde, Burlington Public School Hannah Johannsson, Jenks East Elementary Kyndle Kirby, Cleveland Intermediate School Haley Olson, Hilldale Elementary, Muskogee Miranda Opela, Prague Elementary Hima Patel, Watonga Elementary KC Patterson, Covenant Community School, Stillwater Samuell Pearson, Alex Elementary Rebekah Peek, Covenant Community School, Stillwater Eric Richter, Jenks East Elementary Evan Rolls, Covenant Community School, Stillwater Noelle Elizabeth Souter, Carnegie Elementary, Tulsa Lauren Tran, Jenks East Elementary Greyson Vaughn, Jenks East Elementary Taryn Ward, Holy Trinity Christian School, Edmond Matt Young, Jenks East Elementary H H H H H H H H H

2nd Place: Keegan Caldwell Pawhuska Elementary Teacher: June Foster

818 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Collage Contest Winners H Fourth Grade H

1st Place: Bo Riggs Prague Elementary Teacher: Barbara Hutchens

Honorable Mentions: Claudia Baxter, Covenant Community School, Stillwater David Cagle, Home School, Jones Brianna Findley, Covenant Community School, Stillwater Salvador Martinez, Byng Elementary, Ada Thomas Patterson, Covenant Community School, Stillwater Natalie Reed, Mustang Centennial Elementary

H H H H Courtney Yerby, Mustang Centennial Elementary H H H H

2nd Place: Joy Rong Covenant Community School, Stillwater Teacher: Ronda Peek

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 819 Diorama Contest Winners H Fifth Grade H

1st Place: Dayeneirah Sampson Honorable Mentions: Hammon Elementary Johnnie Coil, Prague Elementary Luke Fuqua, Prague Elementary Teacher: Ms. Hawkins Johannna Galvan, Prague Elementary Marci Howerton, Canton Elementary Bethany Richardson, Prague Elementary Diana Trujillo, Prague Elementary H H H H H H H H

2nd Place: Michaela Farrill Prague Elementary Teacher: Barbara Hutchens

820 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Diorama Contest Winners H Sixth Grade H

1st Place: Lance Sessions Canton Elementary Teacher: Jack Haub

Honorable Mentions: Kelly Hickey, Canton Elementary Matthew McGuire, Canton Elementary Courtney Pritchett, Salina Middle School H H H H Seventh Grade H

1st Place:

Rachel Peek 2nd Place: Covenant Community School, Stillwater Paige Brocato Teachers: Emily Boozer Covenant Community School, Stillwater Teacher: Emily Boozer

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 821 Creative Writing Contest Winners H Fifth Grade H

The Day Joel Chose the President H H H H H H It was a cold, crisp day on November 2, 2008, the day of the presidential election. Joel, our hero, who woke up and said to himself, “It is time to vote for the president;” Joel got dressed and was walking down the road thinking to himself, “Maybe I’ll vote for the VOTE democrat.” He kept walking very contentedly but then thought, “Never mind, democrats are socialists. I’ll vote for the republican.” H H H H H H But then he remembered that Alvin Yakatory, the republican candidate, wanted to keep the rich people rich and the poor people poor. Then he thought he would vote for Jason Steelflex, the democratic candidate. Then he remembered that Jason wanted to have illegal immigrants pour into the U.S.A. and then try to give them voting rights. Not only does that increase the population but it also increases the rate of crime. Now, with that explanation, Joel really wanted to vote for the republican. But then he remembered that republicans didn’t have the same heart for people as the democrats did. Joel was pondering both sides very carefully. He thought things like, “Jason Steelflex has views on anti-abortion that I like but he owns several yachts and won’t give any support to people that are not as privileged. On the other hand, Alvin Yackatory is supporting food stamps.” He didn’t know who to vote for. He arrived at the voting booth. He weighed all the advantages and disadvantages of the candidates. In the end, he had carefully made sure that his vote would be the right one. He had beads of sweat streaming down his face. After ten minutes he voted for…Clum See Boy, the libertarian! California chose Libertarian candidate Mr. Boy by one vote! Two months later, Clum was being sworn into office, Joel was watching this on the news. Clum said, “A special thanks to Joel Harkett, I heard he cast the last vote in California, swinging the Electoral College our way.” That was how Joel chose the president.

Honorable Mentions: Ryan Chapdelaine, Canton Elementary Anicia Cheney, Canton Elementary Richard Combs, Canton Elementary Desmond Fairbanks, Canton Elementary 1st Place: Brent Harris, Canton Elementary Kameron Owens, Canton Elementary Edyn Rolls, Covenant Community School, Stillwater Luke Cagle Isaac Sanderson, Canton Elementary Ethan Smoker, Canton Elementary Home School, Jones Rachel Watson, James Monroe Elementary, Oklahoma City Teacher: Ruthanna Kline Cagle

822 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Creative Writing Contest Winners H Sixth Grade H

The Fight Once upon a time, there was an elephant and a donkey. They were rich rulers in there countries. They were well known and proud of it. The two animals immigrated to America. They were ready to take over, to change the country. When they got there, they got a big surprise! They found that they had to be chosen by the citizens. They couldn’t believe they had to “fight” each other, but other candidates. The battle was on! The candidates’ blood ran hot. They argued, they gave out things such as buttons and stickers, they shook hundreds of hands, spoke at numerous luncheons, and they argued some more! One day, in a candidate debate, the donkey said, “Who would want such a fat leader? Bray. Our children are not 1st Place: safe. He could step on them!” Then the elephant said, “Hey, I would talk! I’m not the Katelyn Robinson one who brays every time I talk!” The room got quiet. The other animals just sat there praying and hoping no Evangelistic Temple School, one would say anything to them. Tulsa The time came for the people to decide. One by one, Teacher: Rachel Keeney animal by animal, herd by herd, they came to vote. The votes were counted at the end of the day. The top two candidates would go on to run in the final round. After all the votes were in the winners were announced. “And H H H H H H the winner is…The elephant and the donkey!” The donkey and the elephant were tired of all the negative campaigning. In fact, they had become fond of each other. Each felt the other would be a better leader. VOTE You will never guess what happened next. The donkey and the elephant joined together to form one party. They H H H H H H called themselves the “Elekey Party” Today’s parties – Democrats and Republicans, might have the mascots they do because of the way these animals acted. Maybe today’s candidates could learn a Honorable Mentions: thing or two from the donkey and elephant in this story. Andrew Baker, St. Elizabeth Ann Seton, Edmond Taking the best parts of both parties and making one Celynne Beaudoin, St. Elizabeth Ann Seton, Edmond great one may be the answer. Casee Cole, Pond Creek-Hunter School Jake Dowdy, Evangelistic Temple School, Tulsa Jadyn Watson-Fisher, Evangelistic Temple School, Tulsa Melody Garrison, Canton Elementary Danielle Renee Gonzales, St. Elizabeth Ann Seton, Edmond Sarah Hanson, Evangelistic Temple School, Tulsa Adam Jester, St. Elizabeth Ann Seton, Edmond 2nd Place: Davis Martin, St. Elizabeth Ann Seton, Edmond Bridget McGuire, St. Elizabeth Ann Seton, Edmond Brian Ralston, St. Elizabeth Ann Seton, Edmond Joe Rohleder, St. Elizabeth Ann Seton, Edmond Taylor Barrick Zachary Scott, St. Elizabeth Ann Seton, Edmond Lauren Smith, St. Elizabeth Ann Seton, Edmond Empire Elementary, Duncan Nicole Smith, St. Elizabeth Ann Seton, Edmond Blair Tarman, St. Elizabeth Ann Seton, Edmond Nate Trotter, St. Elizabeth Ann Seton, Edmond To read Taylor’s poem, go to www.okbar.org. Lauryn Tumpkin, Evangelistic Temple School, Tulsa

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 823 Creative Writing Contest Winners H Seventh Grade H Soon the British marched past us hands raised And at Valley Forge the Marquis de Lafayette And Baron von Steuben trained the army How America Gained Its Freedom Then our soldiers marched to and fro professionally Today we have the right Then we were a match for the British To vote for whom we chose Soon we persuaded the French to join our cause To be the ruler of our country General Rochambeau arrived with men and arms Until the next election Giving us more navel power Yet this was not always so To foil to the British at sea Americans are free of Kings Finally the war came to a close After years of bloody fighting At Yorktown the British were surrounded In the war against England The Americans cut-off all land escape routes Our men cold and weary While the French Navy cut them off by sea Willingly fought the British The British food and ammunition ran low Paul Revere and William Dawes And one morning when the sun rose---a glorious sight Rode endlessly through the night The white flag came toward the American’s battlements To warn America of the advancing British General Cornwallis surrendered And rushing to the field Which brought the war to an end With their muskets in hand Making America a free and independent nation Came the Minutemen Now in this free country The Lobsterbacks kept coming We must take advantage of our liberty And our men stood their ground And vote for leaders Until a shot rang through the air Who will guide our nation And when the smoke finally Through times of war and peace Left the area bare They saw the bodies of men lost Oh, the horrors of that day We were suddenly plunged into war And at Bunker Hill the words of Colonel Prescott rang true: “Hold your fire until you see the whites of their eyes” We lost that battle even though they listened to the Colonel And we lost many more in time But when Washington attacked Trenton Crossing the Delaware on Christmas night Victory was assured For the enemies were still jolly and merry Later Princeton fell to our cunning General as well At Saratoga we had another victory H H H H Our men were scattered thorough the fields 1st Place: Until Benedict Arnold rallied them together H H H H Chandler Berrett Evangelistic Temple School, 2nd Place: Tulsa Teacher: Kelly Fidler Margaret Barnes Honorable Mentions: Evangelistic Temple School, Tulsa Emily Downing, Evangelistic Temple School, Tulsa Annabel Mueller, Evangelistic Temple School, Tulsa Teacher: Kelly Fidler Rachel Payne, Maysville Jr. High School Jocelyn Michaela Puckett, Maysville Jr. High School Micah Reed, Evangelistic Temple School, Tulsa To read Margaret’s poem, go to www.okbar.org. Emily Stanton, Evangelistic Temple School, Tulsa Justice Tarrant, Maysville Jr. High School

824 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Creative Writing Contest Winners H Eighth Grade H

The Death of Democracy One year, not so very far in the future from now, Democracy died. At his wake, many citizens lined up to walk by his coffin and mourn. They sadly commented, “Wow, he was so young. He should have lived much longer. It was wonderful when he was alive.” And “I never suspected that death could happen so fast. I would have done anything to keep him alive. What will we do without Democracy?” An old man in a tattered coat stood by the coffin long after most of the others had left. This man, once well known but now almost anonymous to most, was a very close friend of Democracy. He might have been the only one at the wake who truly understood what a terrible tragedy had occurred. “Old friend,” whispered Election. “I tried so hard to keep you alive. Earlier this year, not one single person had voted in any elec- 1st Place: tion, not even the candidates who were running.” It was not just the big Presidential elections that bored voters; gradually voters ignored the elections for every official in the United States. Of course, there were many reasons for the decline. Some people said that they were Patrick Ryan Bender all sure that someone else would vote. Others had more important St. Elizabeth Ann Seton School, things to do than vote, or believed their one vote could not have a real impact. Without participatory elections, the people of the Edmond United States did not fulfill their patriotic duty to responsibly choose Teacher: Barbara Brearton their leaders. The leaders that direct our country must be elected by the people to stand for the people if they are to act for the good of the citizens of the United States. Elections are the key to giving the H H H H H H people of the United States what they really want and need. Once adults ignored the simple tasks of registering, becoming informed, and going to the poles to vote, it became easier for selfish people with personal agendas to come to power in our country. As one election after another passed with gradually declining turnout at VOTE the poles, Democracy gradually became weaker. Democracy still could have been saved if people realized their error and changed H H H H H H their ways, for a vigorous electoral process was the only medicine that democracy really needed. Americans just would not or could not grasp that elections are democracy in action, and without elections, life as we know it would drastically change. As Democracy realized that Americans possessed the tremendous freedom to vote Honorable Mention: but could not bother to do it, he gradually lost the will to live. Sebastian Pineda, Edison Middle School, Tulsa In this time in the future when the mourners gathered for Democ- racy’s farewell, the present government had decided that Americans did not need to have any say in their elections. These foolish citizens once thought that elections were not very important in their lives, 2nd Place: but now they realized how wrong they were. People angrily commented that things were not going well for America and someone should do something about it. They never understood that they were the “someones” who failed to act. So the people at the wake Destin Bement mourned Democracy’s death because they had never realized how Edison Middle School, Tulsa much they would miss him when he was gone. Teacher: Linda Lance At the end of the wake, Election sadly turned to leave. An old woman stopped him and remarked, “Wait, don’t I know you from somewhere?” Election looked at her for a while To read Destin’s poem, “Yes, but that was a long time ago.” And thenbefore he left. replying, He was go to www.okbar.org. not seen again in America.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 825 Creative Free For All Contest Winners

1st Place: Allison Palmer Ponca City High School Teacher: Tim Wehrle H H H H H H H Ninth Grade H H H H H H H

2nd Place: Emma Krottinger Ponca City High School Teacher: Tim Wehrle

Honorable Mentions: Jessica Black, Colbert High School Brett Cargal, Ponca City High School Brittany DeLaney, Ponca City High School Emily Ford, Colbert High School Ashley Gray, Colbert High School Courtney Levy, Evangelistic Temple School, Tulsa Peter C. Mackay, Evangelistic Temple School, Tulsa Cassi Mattingly, Colbert High School Evan McEnroe, Ponca City High School Ernasten Primeaux, Ponca City High School Arvin Sepehr, Evangelistic Temple School, Tulsa Kailey Young, Ponca City High School

826 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Creative Free For All Contest Winners

1st Place: H H H H H H Kelsey Taylor Hall Claremore High School H 10th Grade H Teacher: Jan McClaren Honorable Mentions: H H H H H H For Creative Writing: Megan Bell, Mingo Valley Christian School, Tulsa Morgan Burkhardt, Claremore High School Jessie Cowles, Evangelistic Temple School, Tulsa Marcus Gonzalez, Lawton High School Kayla Hope, Lawton High School Kori L.M. Hughes, Lawton High School Conner Jones, Lawton High School Laurel Lamb, Lawton High School Sarenna Lawson, Lawton High School Jaylen Lewis, Lawton High School Marion Owens, Lawton High School Christian Quick, Evangelistic Temple School, Tulsa Lacy Reinke, Lawton High School Richard Starr, Claremore High School Kaitlyn Stockton, Lawton High School Colton Stout, Colbert High School Rachel Thomas, Evangelistic Temple School, Tulsa Nate Thornburg, Lawton High School Shelby Wagner, Lawton High School Nicole Woodley, Lawton High School Tavia Zarubin, Evangelistic Temple School, Tulsa

For Art: 2nd Place: Brittany Klassen, Ponca City High School Kaelynn McClelland, Ponca City High School Mathew Morgan, Ponca City High School Adam Richardson, Claremore High School Reagan Gill Courtney Stein, Ponca City High School Sarah Wheeler, Ponca City High School Claremore High School, Teacher: Jan McClaren

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 827 Creative Free For All Contest Winners 1st Place: Honorable Mentions: For Creative Writing: Sean Barton, Lawton High School Bryan Lindsley John Paul Brammer, Lawton High School Logan Burk, Lawton High School Claremore High School Cameron Dooley, Lawton High School Teacher: Jan McClaren Myriah Elliz, Lawton High School Hayley Erwin, Lawton High School Kayla M. Farris, Lawton High School Jon Fields, Lawton High School Keeli Garroutte, Claremore High School Elections Savannah McAllister, Lawton High School Jake McClure, Lawton High School The peaceful exchange of power, Rachel McGlothlin, Lawton High School The power to evoke change, Victor Murley, Lawton High School Will Reinke, Lawton High School Change in a nation, Dillon Roberts, Lawton High School A nation whose voice is heard, Spencer Sharpe, Evangelistic Temple School, Tulsa A voice which spans diversity, Kaitlyn Taylor, Lawton High School A diversity that unifies, Meagan Taylor, Lawton High School A unification that creates power, Robert Valentin, Lawton High School A power that governs the voiced, Madison Taelor Wells, Lawton High School The voiced which creates a democracy, Jenny Whitaker, Lawton High School A democracy actioned by elections, Brooke Wikstrom, Lawton High School Elections which preserve freedom, Brittney Wilson, Claremore High School Freedoms that ensure rights, For Art: Rights that have endured, Endurance secured through rotation, Brooke Brock, Mingo Valley Christian School, Tulsa Rotation of the public into office, Stoney Golay Jr., Ponca City High School Offices of influence elected, Michelle Powell, Ponca City High School Cash Putnam, Ponca City High School Elected controlled by the people, Rachel Selby, Mingo Valley Christian School, Tulsa People choosing their future,

Future generations looking to the past, H H H H H H H H H H H H The past providing answers, Answers of democracy and example, Examples of elections working, Workers electing winners, Winners hoping for reelection, Reelection based on performance, Performance altering public opinion, Opinions based on feelings and facts, Facts proving effectiveness, Effectiveness keeping the peace, Peace continuing with elections, Elections democracy in action.

H H H H H H H 11th Grade H 2nd Place: H H H H H H Daniel Patrick Ponca City High School, Teacher: Tim Wehrle

828 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Creative Free For All Contest Winners 1st Place: “November 4, 2008” (An original song) Ryan Thomas Intro: Evangelistic Temple School, Tulsa Verse 1: Teacher: Lorrie Quinnelly November 4, 2008 Election Day – in every state November 4, 2008 Who will win? – which presidential candidate? Verse 2: We have the right and opportunity To use our power granted by democracy In the USA, we have the choice To be silent – or to use our voice Chorus 1: Democracy H H H H H H It’s a guarantee That in the land of the free You will be heard Democracy H 12th Grade H Oh please, hear my plea I know we can all agree You need to be involved H H H H H H Verse 3: We need your vote this upcoming election Check a box – make a selection Honorable Mentions: Does this make sense? – do you understand? Our nation’s next leader rests completely in your hand For Creative Writing: Repeat Chorus 1: (x2) Morgan Grazier, Keyes High School Huston Hulse, Evangelistic Temple School, Tulsa Bridge: (x4) Jerime R. Julson, Evangelistic Temple School, Tulsa Here’s your chance to make a difference Kandyce Moore, Evangelistic Temple School, Tulsa It’s your time to change the world Chris Swanson, Evangelistic Temple School, Tulsa Jasmine Ware, Midwest City High School Repeat Chorus 1: (key change) For Art: Chorus 2: George Garton, Ponca City High School Election Day Eric Moffitt, Mingo Valley Christian School, Tulsa It’s not that far away Go ahead and display Democracy Election Day Oh and by the way Hear me when I say 2nd Place: You won’t wanna miss out Outro: Mark A. Stewart November 4, 2008 Election Day – I can’t wait Evangelistic Temple School, Tulsa Teacher: Lorrie Quinnelly To read Mark’s poem, go to www.okbar.org.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 829 Grand Prize Winner H H H H H H H

Bailey Winters Claremore High School Teacher: Jan McClaren

s. Winters chose to incorporate her interests in fashion and Mmodeling into her Law Day “creative free for all” entry. She sketched out each design and translated them into actual garments by cutting and painting stylized t-shirts. The shirts were created with the Law Day theme at the forefront. In her entry, Ms. Winters said, “Fash- ion always makes a statement – each of the original designs takes this one step further, encouraging other students to go and vote, and to vote in style!”

830 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Legal Aid Services of Oklahoma, Inc. DISSOLUTION OF MARRIAGE – THE BASICS A Seminar for New Attorneys • Wednesday, May 7, 2008 Conference Center, OSU Tulsa, 700 North Greenwood, Room 150 MCLE Credit of 7 Hours FREE for Attorneys Actively Serving on a Pro Bono Panel

AGENDA 8:30 a.m. Registration 9:00 - 9:55 Military Law for Family Attorneys by William G. LaSorsa, Attorney 9:55-10:45 *A Nuts and Bolts of a Dissolution Case 1 by Julie Goree, Attorney, Legal Aid Services of Oklahoma, Inc. **B “Change Is Good…Or Is It? When To Modify and When Not To Modify” by Melissa Cornell, Attorney, Robertson Cornell 10:45 - 11:00 BREAK 11:00 - 11:50 *A Nuts and Bolts of a Dissolution Case 2 by Julie Goree, Attorney, Legal Aid Services of Oklahoma, Inc. **B Advanced Jurisdiction by Marianne Blair, Professor, University Of Tulsa College of Law 11:50 – 1:15 LUNCH (On your Own) 1:15 – 2:05 Basic Custody by C. Michael Zacharias, Attorney 2:05 – 2:55 Working With DHS How to Get DHS Records by Catherine O’Leary, Legal Department, DHS Involving the Child Support Office in Your Case by Amy Wilson, Legal Department, DHS 2:55 – 3:15 BREAK 3:15 – 4:05 Mediation Panel: J. Kenton Francy, Attorney, Francy Law Firm Norma Eagleton, Attorney, Eagleton Eagleton & Harrison Daniel Boudreau, Former Justice of the Oklahoma Supreme Court 4:05 – 5:00 Domestic Violence The Role of DVIS by Kelly Bell, Legal Department, DVIS How To Get Protective Orders by The Honorable Rodney Sparkman, Tulsa County District Court What Happens in the Courtroom by The Honorable Wilma Palmer, Tulsa County District Court *A – Basic Track **B – Advanced Track

Seminar Registration – Dissolution of Marriage – The Basics Please register me. I am an active member of my local Pro Bono Panel ڤ Sign me up as a Pro Bono Attorney and register me for the seminar ڤ

Name______Phone ( ) ______FAX ( )______E-MAIL ______Firm ______OBA No. ______Address ______Street City Zip County

:Option A: Basic custody and child support Mail Your Registration to ڤ : Pick One Option B: Advanced custody and child support Legal Aid Services of OK ڤ 423 S. Boulder Ave., # 200 Questions? Karen Langdon, 918-295-9422 or 1-800-299-3338 Tulsa, OK 74103 or FAX 918-584-3060

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 831 County Law Day Chairpersons

Adair Cleveland Grant Ralph F. Keen II Sam Talley Judge Jack D. (918) 696-3355 (405) 830-2652 Hammontree (580) 395-2258 Alfalfa Coal Marcus A. Jungman Trae Gray Greer (580) 596-3591 (580) 927-2314 Eric Yarborough (580) 782-3653 Atoka Comanche Shannon Reasor Paul J. Sowinski Harmon (580) 889-3343 (580) 248-4675 Judge Mike Warren (580) 688-2553 Beaver Cotton Todd Trippett Kathleen Flanagan Harper (580) 625-4597 (580) 875-2136 Judge G. Wayne Olmstead Beckham Craig (580) 735-2222 J. Cade Harris Brandon L. Baker (580) 225-5777 (918) 256-7511 Haskell Thomas H. Blaine Creek Conklin III Mike Cunningham Jennifer Ward (918) 967-4661 (580) 623-7400 (918) 227-4682 Hughes Bryan Custer Robert L. Irby Chris Jones Andrew Carruth (405) 379-5429 (580) 924-1444 (580) 772-7721 and and Jackson Whitney Kerr Luke Adams Sommer Robbins (580) 745-9311 (580) 323-3964 (580) 480-3601 and Delaware Jefferson Matt Mickle Christy Wright William W. Eakin (580) 920-8742 (918) 253-4215 (580) 228-3514 Caddo Dewey Johnston Amos Black IV Judge Rick Bozarth Dustin Rowe (405) 247-2548 (580) 328-5521 (580) 371-9561 Canadian Ellis Kay Eva Fancher Laurie E. Hays K. Wayne Lee (405) 354-3972 (580) 885-7503 (580) 765-2541 Carter Garfield Kingfisher John Veazey David Henneke Paul I. Schulte (580) 223-1942 (580) 237-1600 (405) 375-4165 Cherokee Garvin Kiowa Park Medearis George Burnett William E. Gentry (918) 456-4848 (405) 238-7368 (580) 726-2301 Choctaw Grady Latimer J. Frank Wolf III John H. Graves F. Nils Raunikar (580) 326-6427 (405) 360-7555 (918) 465-1000 Cimarron LeFlore Stanley Ed Manske Gary Briggs (580) 544-2571 (918) 647-8136

832 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Lincoln Murray Pawnee Sequoyah Sarah L. Aaron Duck Pat Pickerill Kent Ghahremani County Law Day Chairpersons Soderstrom-Bridge (580) 622-3218 (918) 358-2244 (918) 775-5900 (405) 517-6648 Muskogee Payne Stephens Logan Tom Wright Mozella Irwin-Smith Joshua A. William Wheeler Jr. (918) 682-0091 (405) 612-3965 Creekmore (405) 808-1131 (580) 255-8726 Noble Pittsburg Love Sarah Kennedy J. Michael Miller Texas Richard A. (580) 336-9244 (918) 302-1000 Thad Parsons Cochran Jr. (580) 652-3322 Nowata Pontotoc (580) 276-5111 Linda M. Karen Thomas Tillman Major Gambill-Branstetter (580) 332-2545 Bradford L. Benson Mitchell A. Hallren (918) 273-2200 (580) 335-7541 Pottawatomie (580) 227-4449 Okfuskee Bill Haselwood Tulsa Marshall Donald West (405) 273-2332 Ken Williams Jeffrey S. Landgraf McFarland (918) 594-0519 Pushmataha (580) 795-3397 (918) 623-2717 Gerald C. Dennis Wagoner Mayes Oklahoma (580) 298-5082 Amy B. McFarland Ryan M. Roberts John Heatly (918) 485-2147 Roger Mills (918) 825-4558 (405) 232-0621 Pat VerSteeg Washington McClain Okmulgee (580) 497-2431 Remona K. Colson Ben D. Baker Javier Ramirez (918) 336-1605 Rogers (405) 527-8001 (918) 756-3391 Mark Antinoro Washita McCurtain Osage (918) 343-4100 Scott Mason Kevin T. Sain Steven G. Venturi (580) 832-3848 Seminole (580) 208-2880 (918) 287-1700 Judge Timothy Woods McIntosh Ottawa Olsen Westline Ritter Chris Bone Ken Gallon (405) 257-3386 (580) 327-1511 (918) 473-4404 (918) 540-1818 Woodward Mike Meinders (580) 254-5551 If your county information has changed, please contact Melissa Brown, [email protected]. H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 833 LAW DAY 2008 County Bar Association Activities

H H Alfalfa County Bar Association H H Bryan County Bar Association The Alfalfa County Bar Associa- The Bryan County Bar Association tion will participate in the Ask A is sponsoring contests for local Lawyer program in conjunction school children with a coloring con- with the statewide campaign to test for kindergarten through third answer legal questions by phone graders, a poster contest for grades from 7 - 9 p.m. on May 1. fourth through sixth, an essay contest for seventh through ninth grad- H H Beaver County Bar Association ers, and an essay contest for 10th The Beaver County Bar Associa- through 12th graders. Attorneys will tion will participate in the Ask A also be visiting local schools during Lawyer program in conjunction the month leading up to Law Day with the statewide campaign to During the week leading up to answer legal questions by phone Law Day, members of the county from 7 - 8 p.m. on May 1. bar will write articles for publication H H Beckham County Bar Association in a local newspaper, with one article appearing each day before and The Beckham County Bar Associa- on Law Day. An advertisement will tion will be answering questions on run in the local newspaper with the air at KECO radio in Elk City from 5 local attorneys’ names and photos – 6 p.m. on May 1. The association on Law Day, with a group photo- will also participate in the Ask A graph taken especially for Law Day. Lawyer program in conjunction with the statewide campaign to The Bryan County Bar Association answer legal questions by telephone will participate in the statewide Ask from 6 – 8 p.m. Attorneys will a Lawyer program in conjunction attend local high schools to speak with the statewide campaign to with students about their legal answer legal questions by phone rights and responsibilities when from 6 – 7 p.m. they turn 18 as well as the dangers Finally, the association has created of drinking and driving from a legal a committee to put together a aspect, i.e. the costs associated with centennial biographical sketchbook court and attorney’s fees and the of all local attorneys who have possible punishments ranging from practiced in Bryan County since misdemeanor and felony DUIs com- 1957 to supplement an earlier bined with the Department of Public biographical sketchbook done for Safety hassles. the bicentennial. The project is scheduled to be completed before I I 834 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Law Day and to be distributed as part of the chial and public school that will be obliged to Law Day celebration. host one within the county. To volunteer as a speaker for a school, please contact Sam Talley H H Carter County Bar Association at (405) 364-8300. The Carter County Bar Association will Local lawyers, an OU law professor, and begin its celebration of Law Day with a lun- judges from Cleveland County will be writing cheon hosted by the Ardmore Lions Club on articles for The Norman Transcript for the April 17. The luncheon will feature an address entire week of April 28 through May 2. These from J. William Conger, Oklahoma Bar Associ- articles will focus on the writer’s topic of ation president. Following the luncheon, the choice and will touch on such areas like association will promote this year’s theme by criminal law, juvenile law and recent national sponsoring two voter registration drives. The topics of interest. first drive will be held at Mountain View Mall in Ardmore on Saturday, April 26, and the sec- The Cleveland County Bar Association will ond drive will be held at the Ardmore Higher participate in the Ask A Lawyer program from Education Center on Wednesday, April 30. 6:30 p.m. to 8:30 p.m. on May 1 in conjunction The association will conclude its Law Day with the television program held by the state activities by participating in the statewide Ask bar to answer legal-related questions by A Lawyer program. The association will be phone. prepared to answer questions by telephone To conclude the events of Law Day, a recep- from 7 - 8 p.m. on May 1. tion will be held on May 2. H H Choctaw County Bar Association H H Comanche County Bar Association The Choctaw County Bar Association will On May 1, the Comanche County Bar Asso- participate in the Ask A Lawyer program in ciation will sponsor its annual Law Day Lun- conjunction with the statewide campaign to cheon. This year’s event will be held at Fort answer legal questions by phone from Sill’s Patriot Club. Members of the Comanche 7 – 8 p.m. on May 1. County Bar along with attorneys from the H H Cimarron County Bar Association Office of the Staff Judge Advocate General’s Office and the Fort Sill Legal Assistance Office The Cimarron County Bar Association will will join together to celebrate this annual Law participate in the Ask A Lawyer program in Day Luncheon. The luncheon begins at 11:30 conjunction with the statewide campaign to a.m. and features Judge Sam A. Joyner, United answer legal questions by phone from States Magistrate of the Northern District of 7 - 9 p.m. on May 1. Oklahoma, as the keynote speaker. During the H H Cleveland County Bar Association luncheon, the Comanche County Bar Associa- tion will present its annual scholarship The Cleveland County Bar Association, in awards to five local high school students in celebration of Law Day’s 50th anniversary Comanche County based on their community nationally (and 55th in this state), has planned involvement and academic potential. The a variety of activities in the local communities Comanche County Bar Association has been of Norman, Noble, Moore and Lexington from involved in supporting academic excellence April 28 through May 2. Law Day will be offi- and higher education for more than two cially recognized by Cleveland County on decades. In addition, Legal Aid Services of Thursday, May 1, although there will be Oklahoma Inc., in conjunction with the events the entire week. Once again, the goal of Comanche County Bar Association, will pres- this local bar will be to reach out to the Coun- ent its annual pro bono award to a deserving ty’s youth and educate them about the legal bar member. On May 2, at 8:30 a.m. the associ- system, the law and help them realize how ation will have its annual golf outing at Fort the law affects them. Sill. The Comanche County Bar Association Voter registrations will again be set up at will also be participating in the Ask A Lawyer local high schools to encourage students over program from 6:30 p.m. to 8 p.m. on May 1 in the age of 18 to take part in this year’s elec- conjunction with the television program held tions. The local bar has also set a goal to have by the state bar to answer legal related ques- at least one volunteer speaker at every paro- tions by phone.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 835 H H Creek County Bar Association H H Latimer County Bar Association The Creek County Bar Association will par- The Latimer County Bar Association will ticipate in the Ask A Lawyer Program in con- participate in Ask A Lawyer by answering junction with the statewide campaign to telephone calls from 7 – 8 p.m. on May 1 answer legal questions by phone. This pro- in conjunction with the OETA program. gram is promoted throughout the communi- The LCBA will also speak to local service ties in Creek County by fliers, local newspa- organizations about the origins and pers and also through the statewide promo- importance of Law Day. tion of this program. A special Law Day insert H H Lincoln County Bar Association will be published in the Sapulpa Herald with The Lincoln County Bar Association is plan- articles addressing common legal issues and ning three events for Law Day 2008. On May providing the community with resources and 2, Lincoln County will have its annual Law information to help with topics affecting the Day picnic. Lincoln County will also host its community such as domestic violence, coping annual fourth grade mock trials in the cases of with mental health, child abuse and legal aid. The Three Little Pigs v. Big Bad Wolf and The This will be the second year this insert has Three Bears v. Gold E. Locks. The Lincoln been published. Members of the Creek County Bar Association will also participate in County Bar will also man voter registration the Ask A Lawyer program in conjunction booths for the local high schools to encourage with the statewide campaign to answer legal young people to register to vote. Members of questions by phone from 7 – 8 p.m. the Creek County Bar will speak at local H H Marshall County Bar Association schools regarding the importance of voting and the changes that have been accomplished The Marshall County Bar Association will through participation in the democratic participate in the Ask A Lawyer program in process. The association will also conduct conjunction with the statewide campaign to cook-outs in the communities where voter answer legal questions by phone from registration can be accomplished. 7 - 8 p.m. on May 1. H H Custer County Bar Association There will be a Law Day celebration on May 7 at the Marshall County Courthouse for The Custer County Bar Association will Madill fifth graders. Speakers from different participate in the Ask A Lawyer program in areas of the court system, a hands-on election conjunction with the statewide campaign to and a mock trial will be some of the items on answer legal questions by phone from the program’s agenda. 6 - 8 p.m. on May 1. H H Mayes County Bar Association H H Hughes County Bar Association The Mayes County Bar Association will The Hughes County Bar Association will participate in the Ask A Lawyer program in participate in the Ask A Lawyer program in conjunction with the statewide campaign to conjunction with the statewide campaign to answer legal questions by phone from answer legal questions by phone from 7 - 8 p.m. on May 1. 9 a.m. to 5 p.m. on May 1. H H McClain County Bar Association H H Johnston County Bar Association The McClain County Bar Association will participate in the Ask A Lawyer program in The Johnston County Bar Association is conjunction with the statewide campaign to hosting an essay contest for county seventh answer legal questions by phone from graders. 7 - 8 p.m. on May 1. H H Kay County Bar Association H H McCurtain County Bar Association The Kay County Bar Association will On March 27, the McCurtain County Bar participate in the Ask A Lawyer program in Association and the Tri-County Bar Associa- conjunction with the statewide campaign to tion hosted the OBA Board of Governors ban- answer legal questions by phone from quet in conjunction with Law Day activities. 7 - 9 p.m. on May 1. The banquet was held at the Museum of the

836 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Red River in Idabel. Entertainment was pro- tion of the Liberty Bell Award. The centerpiece vided by Dr. Michael Johnson, an Oklahoma stuffed animals will be donated to several of cowboy, award winning author and national the police departments in eastern Oklahoma magazine columnist. County. Tickets are available by calling the On May 1, the McCurtain County Bar Asso- OCBA at (405) 236-8421. ciation will participate in the Ask A Lawyer Volunteers will be handling phone calls program locally and in conjunction with the from 8:45 a.m. to 9 p.m. on May 1. Mike statewide campaign to answer legal questions Blaschke will be chairing this subcommittee by phone from 7 - 8 p.m. Also, on April 26, with assistance from Mike Krasnow and beginning at 8:30 a.m., the public is invited to Lance Leffel. call Broken Bow radio station KKBI where local attorneys will be answering questions The Central Oklahoma Association of Legal live. Assistants (COALA) will be sponsoring approximately 20 high school students who Local attorneys will speak at schools in will mentor with judges, attorneys and legal McCurtain County throughout the months of assistants during the morning of May 1. Stu- March and April. dents will then attend the Law Day Luncheon H H McIntosh County Bar Association and tour the Oklahoma County Courthouse. The McIntosh County Bar Association will The Oklahoma County Law Library is get- participate in the Ask A Lawyer program in ting involved in Law Day by celebrating a conjunction with the statewide campaign to week of special events. Law Library Adminis- answer legal questions by phone from trator Venita Hoover is working to provide a 7 - 8:30 p.m. on May 1. variety of services and daily presentations. H H Muskogee County Bar Association The OCBA Douglass High School Task Force will sponsor the moot court team members at The Muskogee County Bar Association will the Law Day Luncheon where they will be participate in the Ask A Lawyer program in recognized for their outstanding efforts this conjunction with the statewide campaign to year. answer legal questions by phone. H H Nowata County Bar Association The OCBA Law Day Committee is providing lists of speakers at various civic clubs and Nowata County bar members will be other venues in Oklahoma County. These providing pro bono services. groups have been contacted in an attempt to H H Okfuskee County Bar Association provide legal speakers during the Law Day week. The Okfuskee County Bar Association will H H participate in the Ask A Lawyer program in Okmulgee County Bar Association conjunction with the statewide campaign to The Okmulgee County Bar Association will answer legal questions by phone from participate in the Ask A Lawyer program in 7 - 8 p.m. on May 1. conjunction with the statewide campaign to H H Oklahoma County Bar Association answer legal questions by phone from 7 – 8 p.m. on May 1. The Oklahoma County Bar Association is sponsoring the luncheon this year featuring H H Payne County Bar Association Judge Jerome Holmes, U.S. 10th Circuit Court The Payne County Bar Association will of Appeals. The luncheon is set for noon, participate in the Ask A Lawyer program in Thursday, May 1 at the Sheraton Hotel in conjunction with the statewide campaign to downtown Oklahoma City. Drawing on his answer legal questions by phone from varied experiences as a law clerk, federal 6 – 9 p.m. The association will also offer legal prosecutor, practicing attorney and appellate advice at the Stillwater Public Library from judge, Judge Holmes will bring a unique per- 7 a.m to 7 p.m. on May 1. spective to this year’s Law Day theme. There will also be a recognition of the Journal The association will also be holding a Piggy Record’s “Lawyers in Leadership,” presenta- Back State Contest. The deadline to enter in tion of the Journal Record Award and presenta- the county contest is April 15.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 837 On May 1, the Honors Docket will be held Criminal Appeals, will be the guest speaker. in Judge Worthington’s courtroom at 1:30 p.m. The Liberty Bell Award for outstanding civic leadership in Duncan and the James C. Ben- On May 6 the Payne County Bar Association son award for outstanding service to Stephens will host a Law Day bowling tournament. County will both be presented during the lun- Law Day activities will conclude with an cheon. Tickets for the luncheon are $15 and annual banquet featuring Burns Hargis on can be purchased at the Stephens County Dis- May 8. trict Attorney’s Office. You can reserve a place H H Pittsburg County Bar Association in the golf tournament by contacting Joshua Creekmore at (580) 255-8726. The Pittsburg County Bar Association is having its Law Day dinner at Pete’s Place on H H Texas County Bar Association May 2 at 7 p.m. Rep. Dan Boren will be the The Texas County Bar Association will par- speaker. ticipate in the Ask A Lawyer program in con- H H Pontotoc County Bar Association junction with the statewide campaign to answer legal questions by phone from A mock presidential election will be held at 7 – 8 p.m. on May 1. area middle schools to emphasize the 2008 theme of “Elections: Democracy in Action.” H H Tillman County Bar Association Students will be provided ballots and an over- The Tillman County Bar Association will view of the election process, followed by a participate in the Ask A Lawyer program in question and answer session. Mock election conjunction with the statewide campaign to results will be announced by the schools. Pon- answer legal questions by phone from totoc County will also participate in the Ask A 6 – 8 p.m. on May 1. Lawyer program in conjunction with the statewide campaign to answer legal questions H H Tulsa County Bar Association by phone. The association will be prepared to As a precursor to Law Week, the Tulsa answer questions by telephone from 6 - 9 p.m. County Bar Association and the Tulsa County on May 1. Bar Foundation sponsored the naturalization H H Rogers County Bar Association ceremony at the United States Courthouse in the Northern District Courtroom 1 on April 9. The Rogers County Bar Association will par- Fifty to 55 new naturalized citizens were pres- ticipate in the Ask A Lawyer program in con- ent. Local students and TCBA members had junction with the statewide campaign to the pleasure of greeting new citizens after answer legal questions by phone from Judge Claire Egan inducted them. Also, about 7 - 8 p.m. on May 1. 50 Hamilton Middle School children were H H Seminole County Bar Association guests of the TCBA for the ceremony. At Ham- ilton, TCBA sponsors a lunch buddy program The Seminole County Bar Association is hav- and runs a Law Career Day Fair each year, ing its Law Day luncheon on April 30. among other activities at the school. H H Sequoyah County Bar Association TCBA member Marvin G. Lizama spoke on The Sequoyah County Bar Association will behalf of the TCBA concerning his own expe- participate in the Ask A Lawyer program in riences with the naturalization process. Mr. conjunction with the statewide campaign to Lizama was born in Honduras, Central Amer- answer legal questions by phone from ica. In 1992, Mr. Lizama became a naturalized 6:30 – 8:30 p.m. on May 1. U.S. citizen and that same year, he was able to participate for the first time in the electoral H H Stephens County Bar Association process during the presidential election of On Friday, May 2, the Stephens County Bar 1992. Association will hold its annual Law Day lun- H H H H cheon and golf tournament at the Elk’s Golf Student Art Contest and Country Club in Duncan. The luncheon will begin at 11:45 a.m. and the golf tourna- Tulsa County schools and students are ment at 1:30 p.m. Judge Gary L. Lumpkin, working on their contest entries for the Law presiding judge of the Oklahoma Court of Week Student Art Contests. Judging will be

838 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 held in Law Week and cash prizes awarded at held May 2, at noon at the Downtown Dou- the Community Law Fair on April 26. Dead- bletree Hotel in Tulsa. Forms are available in lines for entries to the bar center is April 18. the Tulsa Lawyer or online at www.tulsabar. Contact Chair Rodney Buck at (918) 494-2483 com. No walk-ins and no reservations after or [email protected] for more April 28. information. H H H H H H H H Community Law Fair Lawyers in the Library The Tulsa County Bar Association will spon- Lawyers in the Library is back again and sor the Law Fair at Promenade Mall to pro- will be held on Monday, April 28, from 9 a.m. vide an opportunity for Tulsa-area charitable to 4 p.m. in the Tulsa County Law Library. and legal services organizations to gather Lawyers in the Library is a long-standing Law together in a public way to inform the public Week event, offering the community free about the services they provide. The Law Fair advice sessions on a variety of topics. Last will be held May 3, from 10 a.m. to 2 p.m. year, 22 volunteer attorneys assisted 102 Contact Chair Lindsay McDowell at (918) patrons with their legal questions. From 1 - 4 582-1173 or [email protected] for p.m., Marvin Lizama, a Spanish-speaking more information or to reserve a space. attorney, will be available. Volunteer lawyers H H H H are asked to sign up for a one-or two-hour Mock Trial for Elementary Students time slot, but can assist for any length of time if they are not available for a full one-hour Lawyers are scheduled to select jurors soon period. Consultations are 15-minute sessions in the much anticipated Gold E. Locks v. The offered on a walk-in basis. Sign-up forms Bears case to be tried in April during Law will be available at the Tulsa County Bar Week 2008. Lead counsel Michael Ashworth Association offices, Law Library and the and Chuck Woodstock are preparing for the Tulsa Lawyer. Contact Joyce Pacenza at trial to be presided over by Judge Mary F. [email protected] or Leonard Pataki Fitzgerald. The community was shocked to at [email protected] to volunteer. learn of the break in at the home of Mr. and H H H H Mrs. Bear where their porridge was eaten, their beds slept in and their young child’s Ask A Lawyer chair was broken to bits. Gold E. Locks The Ask A Lawyer program provides free remains out on bond. legal consultation with the members of the This event is sponsored by the TCBA and bar association as a public service to the com- the Tulsa Public Schools. This year it will be munity and to maintain good will with the held at Eugene Field School on April 28. public. Tulsa County Bar Association and the About 200 students will attend from second to Tulsa County Bar Auxillary will jointly spon- the fifth grades and about 10 teachers. Stu- sor this program from 9 a.m. to 9 p.m. at the dents will also participate as counsel and stu- OETA studios on N. Sheridan Road. Volun- dents and faculty will play the parts. TPS teers are needed for two or more hour shifts Principal Cindi Henn will also play a role. to staff the phones. To volunteer, contact Co- Contact Chair Charles Woodstock at (918) 583- Chairs Judge Dan Crawford at (918) 749-8904; 1511; [email protected] or Judge Daman [email protected] or Jason Bashforth at Cantrell at [email protected] for (918) 591-5296; [email protected]. details. H H H H H H H H Law Week Luncheon Liberty Bell Award This year’s keynote speaker will be Dr. Paul The Liberty Bell Award will be presented at F. Boller, a national best-selling author, noted the Law Week Luncheon on May 2. This lecturer and awarded teacher. He will be award recognizes a non-lawyer individual entertaining and timely in his comments or entity for outstanding service to the com- about our theme, “Elections: Democracy in munity in striving to provide access to justice Action.” The title of his speech will be, for all. Contact Chair Judge Richard Woolery “American Presidential Campaigns through at (918) 227-4080 or [email protected] the Years.” The Law Week Luncheon will be

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 839 for additional information about this award or to add nominations for future consideration. H H H H H H H H H H H H Free CLE for Pro Bono Panel Members H H H H H H H H In appreciation for the pro bono legal services of its volunteers, Legal Aid Services of H H H H H H H H Oklahoma Inc. provides free CLE to the pro bono panel members. This year’s seminar, “Dissoulution of Marriage – The Basics,” will H H H H H H H H be presented at OSU-Tulsa on May 7 from 9 a.m. to 5 p.m. Contact Karen Langdon at (918) 295-9422 or [email protected] for H H H H H H H H further details. H H H H H H H H H H H H Lakeside Home Mock Court Team Presentation H H H H H H H H The Lakeside Home Mock Court Team will present a demonstration of a portion of their mock trial competition to students at Collins- H H H H H H H H ville High School, Owasso High School and Thoreau Demonstration Academy. Lakeside residents will share their stories about what H H H H H H H H got them into the court system and what they have learned. The Lakeside team is in its fifth year of the high school Mock Trial H H H H H H H H competition. H H H H H H H H H H H H Tulsa Attorneys Supporting Kids (TASK) Project H H H H H H H H Committee members will select one or two Tulsa area organizations to benefit from this effort. Both cash and in-kind donations are H H H H H H H H needed. For details on specific needs, or how to contribute, contact Chair Chad McLain at H H H H H H H H (918) 582-6900 or [email protected].

H H Woodward County Bar Association H H H H H H H H The Woodward County Bar Association will participate in the Ask A Lawyer program in H H H H H H H H conjunction with the statewide campaign to answer legal questions by phone. Additional- ly, bar members will visit high schools in H H H H H H H H Woodward County to advise seniors on legal issues they may face as young adults. H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H

840 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 LAWDAY 2008 Chief Justice Encourages Law Day Activities

OBA Law Day Committee Chair Giovanni Perry and Vice Chair I Kim Spady witness Chief Justice James Winchester (seated) signing the directive along with OBA Executive Director John Morris I Williams and OBA President Bill Conger.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 841 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H

842 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 THE THE OBAOBA SUMMERSUMMER GET-A-WAYGET-A-WAY

June 19-21, 2008 Tanglewood Resort ComeCome on Lake Texoma && EnjoyEnjoy thethe Fun!Fun! OBA Solo & Small Firm Conference YLD Midyear Meeting Estate Planning, Probate and Trust Section Midyear Meeting Register online at www.okbar.org

Plan a get-a-way with the OBA!

Spend some vacation time with your family and still get all your CLE for the year

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 843 The OBA Summer Get-A-Way OBA Solo & Small Firm Conference and YLD Midyear Meeting June 19-21, 2008 • Tanglewood Resort — Lake Texoma

Registrant’s Name:______OBA#:______

Address:______City/State/Zip:______Phone:______Fax:______E-Mail:______List name and city as it should appear on badge if different from above: ______

Registration Fees: Registration fee includes 12 hours CLE credit, including one hour ethics. Includes all meals Thursday evening Poolside Buffet; Breakfast Buffet Friday & Saturday; Buffet lunch Friday & Saturday; Friday evening Ballroom Buffet. Circle One Early-Bird Attorney Registration (on or before May 30, 2008) $175 Late Attorney Registration (May 31, 2008 or after) $225 Early-Bird Attorney & Spouse/Guest Registration (on or before May 30, 2008) $275 Late Attorney & Spouse/Guest Registration (May 31, 2008 or after) $325 Spouse/Guest Attendee Name: ______Early-Bird Family Registration (on or before May 30, 2008) $325 Late Family Registration (May 31, 2008 or after) $375 Spouse/Guest/Family Attendee Names: Please list ages of children. Spouse/Guest: ______Family: ______Age:______Family: ______Age:______Family: ______Age:______Materials on CD-ROM only Total: $______Thursday, June 19 • Golf With the BOG • 18 Hole Golf (______of entries @ $50 ea.) Total: $______Friday, June 20 • Nine Hole Golf (______of entries @ $35 ea.) Total: $______Total Enclosed: $______Make check payable to the Oklahoma Bar Association. MAIL Meeting Registration Form to: CLE REGISTRAR, P.O. Box 53036, Oklahoma City, OK 73152. FAX Meeting Registration Form to (405) 416-7092 For payment using ___VISA or ___ Master Card: CC: ______Expiration Date: ______Authorized Signature: ______

No discounts. Cancellations will be accepted at anytime on or before May 30, 2008 for a full refund; a $50 fee will be charged for cancellations made on or after May 31, 2008. No refunds after June 17, 2008. Call 1 (800) 833-6569 for hotel reservations. Ask for the special OBA rate.

844 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 OBA Solo & Small Firm Conference and YLD Midyear Meeting June 19-21, 2008 • Tanglewood Resort - Lake Texoma • (800) 833-6569 HOTEL REGISTRATION FORM

Registrant’s Name: ______Phone: ______Address: ______City/State/Zip: ______Spouse/Guest/Family Attendee Names: ______

______Name Age, if under 21 ______Name Age, if under 21 ______Name Age, if under 21 HOTEL INFORMATION ~~~~~~ ~~~~~~ Arrival Day/Date: ______Departure Day/Date: ______No. of People: ______Please check room preference: ______Single Condo $99 ______New Hotel Room $123 ______Tower Suite $134 ______Smoking Room ______Non-Smoking Room Special Requests:______

FRIDAY, JUNE 20, 2008 SPOUSE/GUEST ACTIVITIES CHILDREN ACTIVITIES (3 yrs. & up) FRIDAY, JUNE 20, 2008 9:30 am - 11:30 am: Age Appropriate Crafts 9:30 am: Golf _____ No. $12.50 each child $______9/$35, 18/$50 (call for tee time) 11:30 am - 1 pm: Story Time (lunch included) _____ No. Golfers 9/$35 $______No. $12.50 each child $______No. Golfers 18/$50 $______1 pm - 3 pm: Supervised Swimming RECREATIONAL ACTIVITIES _____ No. $12.50 each child $______4 Outdoor Swimming Pools & Jacuzzi • 2 Lighted Tennis Courts 7:30 pm - 10:30 pm: Movies & Popcorn Playground & Volleyball Court • Croquet & Badminton _____ No. $12.50 each child $______Lake Texoma Striper Fishing SATURDAY, JUNE 21, 2008 9:30 am - 11:30 am: Age appropriate games ~~~~~~ TRANQUILITY SPA _____ No. $12.50 each child $______Featuring: 11:30 am - 1 pm: Story Time (lunch included) Massage Therapy, European Facials, _____ No. $12.50 each child $______Body Wraps, Airbrush Tanning…plus much more! 1 pm - 3 pm: Supervised Swimming Call 1(800) 833-6569 Ext. 2664 _____ No. $12.50 each child $______before June 18 to make spa appointment. TOTAL for Children $______See www.tanglewoodresort.com for more hotel Private babysitting available for children recreational activities and spa information. 3 and under $10 per hour, arrange at front desk. Cancellations of activities will be accepted 48 hours before arrival date. Mail or fax entire page to: Tanglewood Resort Attn: Teresa, 290 Tanglewood Circle, Pottsboro, TX 75076 CANCELLATION Fax (903) 786-2128. PENALTY IF ROOM Make check payable to the Tanglewood Resort. If paying by credit card please complete: NOT CANCELLED _____VISA _____ Master Card _____ Discover _____ AMX BY 6 P.M. Credit Card No.______Authorized Signature:______JUNE 16, 2008 Expiration Date:______HOTEL DEADLINE: MAY 30, 2008

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 845 846 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 SCHOLARLY ARTICLE

Attorney/Client Disputes in Oklahoma: A Role for Arbitration? By Stanley A. Leasure and Wayne L. Anderson

he use of arbitration in connection with all types of business disputes has exploded in recent years. This is particularly Ttrue with respect to pre-dispute arbitration agreements, entered into at the time the contract is formed. Given the unique relationship between attorneys and their clients, the use of such clauses in retainer agreements between attorneys and their clients raises several ethical and practical concerns and, indeed, the ultimate question of whether they should be permitted at all.

For purposes of this article, a “pre-dispute arbi- dispute clauses in attorney/client agreements tration clause in an attorney/client agreement” provided: 1) the attorney, after full disclosure, is an agreement entered into at the formation of ensures that the client has given informed con- the attorney/client relationship requiring that sent to the arbitration provision and 2) it does all disputes between the attorney and client, not encompass disciplinary complaints or pro- including malpractice claims, be resolved ceedings against the attorney.1 through binding arbitration. This article will The analysis of the committee centered on explore these issues in the context of Oklahoma several factors: 1) the enforceability of arbitra- law and ethics and will conclude with thoughts tion clauses and the applicability of the Okla- regarding the appropriateness of the use of pre- homa Uniform Arbitration Act (OUAA); 2) the dispute arbitration agreements by Oklahoma duty of loyalty to the client and informed con- lawyers and their clients. sent to arbitration and 3) the scope of the arbi- ETHICAL CONSIDERATIONS tration clause.2 With respect to enforceability issues, the committee pointed out that under the In 2000 the Oklahoma Bar Association Legal OUAA,3 parties to contracts (other than collec- Ethics Committee was asked to address the tive bargaining agreements and insurance con- issue of pre-dispute arbitration clauses pre- tracts) are allowed to enter into written arbitra- mised on the following hypothetical: “Lawyer tion agreements which are “valid, enforceable ‘A’ provides a retainer agreement to his client and irrevocable, except upon such grounds as containing a clause that all disputes ‘arising exist at law or in equity for the revocation of any under the retainer agreement’ shall be subject to contract.”4 The committee also emphasized the binding arbitration.” In an ethics opinion issued strong public policy in Oklahoma favoring arbi- Aug. 18, 2000, the committee concluded, subject tration as declared by the Oklahoma Supreme to the ultimate decision by the Oklahoma Court.5 Acknowledging that arbitration is an Supreme Court, that arbitration clauses in attor- effective dispute resolution method between ney fee agreements are valid under Oklahoma attorneys and their clients and pointing out that substantive law, that the Oklahoma Rules one of the comments to Rule 1.5 of the Oklaho- of Professional Conduct do not prohibit pre- ma Rules of Professional Conduct recommends

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 847 consideration of arbitration or mediation of fee with an unsophisticated client and one under a disputes,6 the committee noted that care must be disability, with both circumstances calling for a taken to ensure compliance with ethical require- more careful and detailed explanation of the ments in the consideration of mandatory arbi- arbitration process and placing the burden on tration clauses in attorney/client agreements; the attorney to provide whatever information is particularly the duty of loyalty and the require- needed so that the client understands the conse- ment that the client give informed consent to quences of the arbitration provision.13 The need arbitration. 7 The committee noted that the for independent counsel was also addressed in attorney’s duty of loyalty to the client requires this advisory opinion. Rejecting contrary opin- that the self-interest of the lawyer not be allowed ions from other jurisdictions, the committee saw to have an adverse impact on the representation no need to require independent counsel prior to of the client.8 Further, the attorney’s fiduciary the execution of an attorney/client agreement obligation requires the avoidance of overreach- containing a binding arbitration clause.14 How- ing or exploitation of superior knowledge of the ever, it did recommend giving the client the legal system to the detriment of the client.9 The opportunity to consult with independent coun- committee also invoked the language of Rule sel, noting that advising of the potential desir- 1.8(a) to implicate the conflict of interest rules in ability of this separate consultation would pro- circumstances where a binding arbitration vide an additional safeguard to the process of clause is being considered in the context of an obtaining informed consent.15 attorney/client agreement.10 The committee The Oklahoma Bar Association Legal Ethics found that the lawyer’s duty in regard to arbi- Committee advised simplicity and clarity in the tration clauses extends to assuring the informed drafting of arbitration clauses.16 The committee consent of the client to the inclusion of an arbi- addressed certain specifics regarding the scope tration clause as well as the concomitant respon- of arbitration clauses, sibility on the part of the declaring that disciplin- attorney to “explain a ary proceedings against matter to the extent rea- attorneys cannot be the sonably necessary to per- subject of an arbitration mit the client to make Agreements prospectively clause. Further, pursuant informed decisions to Rule 1.8(h), an attor- regarding the representa- limiting a lawyer’s liability for ney may not include an tion.”11 Finally, the com- arbitration clause that mittee pointed out that malpractice are prohibited. limits the attorney’s lia- the arbitration agreement bility for malpractice.17 itself must be fair and An arbitration clause reasonable to the client in which shifts determina- light of Rule 1.8 and the tion of the claim to a different forum does not appurtenant comments.12 prospectively limit lawyer liability.18 Comment After discussing the duty of loyalty and the [14] to Rule 1.8 of the Oklahoma Rules of requirement of informed consent, the commit- Professional Conduct provides: tee addressed three particular areas of concern: Agreements prospectively limiting a law- waiver of the right to a jury trial, level of the yer’s liability for malpractice are prohibit- sophistication of the client and consultation ed. This paragraph does not, however, with independent counsel. The committee prohibit a lawyer from entering into an expressed concern that any client being asked to agreement with the client to arbitrate legal enter into an arbitration agreement with an malpractice claims, provided that such attorney must be made to understand the sig- agreements are enforceable and the client is nificant differences between arbitration and liti- fully informed of the scope and effect of the gation including: lack of a jury trial; differences agreement.19 in cost and timing; extent of discovery; and availability of relief, appellate review and a The American Bar Association Committee on public forum. The level of client sophistication Ethics and Professional Responsibility reached was another consideration the committee felt similar conclusions, declaring that a provision important in connection with the nature and in an attorney/client agreement that requiring extent of the attorney’s required disclosure. The binding arbitration of both fee and malpractice committee saw similarities between dealing disputes is permissible, provided the client is

848 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 fully apprised of the advantages and disadvan- eral former clients. They defended on the tages of arbitration and has given informed grounds that the dispute was subject to an arbi- consent to inclusion of the arbitration provi- tration clause.25 The district court dismissed the sion.20 The ABA committee’s analysis centered lawsuit. The Oklahoma Court of Appeals on two primary issues: 1) whether the require- reversed, directing the entry of an order comment of binding arbitration prospectively limits pelling arbitration.26 Relying on the holding in the lawyer’s liability in violation of Rule 1.8(h) Rollings v. Thermodyne Industries Inc.27 that vol- and, 2) the duty under Rule 1.4(b) to give clients untary agreements to submit future disputes to an adequate explanation of matters, such as the arbitration (pursuant to the Oklahoma Arbitra- risks and benefits of mandatory binding arbitration Act) are enforceable, the Oklahoma Supreme tion. Some ethics tribunals have concluded that Court rejected the plaintiff’s arguments that the the differences between arbitration and the judi- arbitral provisions in the attorney/client agree- cially supervised process of litigation are so ments were unconstitutional and unenforce- significant that they constitute an attempt to able.28 Interestingly, the court seemingly reserved prospectively limit liability.21 However, the ABA judgment on the critical issue, noting: “The par- committee opined that mandatory arbitration ties do not raise, and we do not address, the does not limit a lawyer’s liability, but instead propriety of an arbitration clause in an attorney establishes an alternative procedure for resolv- fee agreement, or whether circumstances could ing such claims.22 It determined that the fidu- exist that would void an arbitration clause in an ciary duty of a lawyer to a client includes the attorney fee agreement.”29 requirement that both the positive and negative In 1991, the U. S. District Court for the District aspects of binding arbitration (cost, waiver of of Colorado addressed these issues under Okla- right to jury trial, broad discovery and right to homa law in the context of a fee dispute and appeal) be discussed with the client so that the malpractice claim by Guy Grider, a “sophisti- client can make an informed cated” Oklahoma businessman decision. With that, the ABA against his Colorado law firm.30 committee concluded that as The retainer agreement between long as: 1) no attempt is made Grider and the law firm required to prospectively limit the lia- binding arbitration.31 The perti- bility of the attorney to the This ruling was nent portion of the parties’ client; 2) the client is fully agreement with respect to arbi- apprised of advantages and based, in part, on the tration stated: “You and [the disadvantages of arbitration law firm] agree to submit any and 3) sufficient information court’s conclusion that fee disputes between us and is provided to enable the cli- claims by you regarding [the ent to make an informed deci- arbitration is to be law firm’s] handling of your sion, then it is ethically per- matter for binding resolution missible to include — in a favored as a matter of by the Legal Fees Arbitration retainer agreement — a bind- Committee of the Colorado Bar ing arbitration provision with public policy. Association; except that this respect to both fee disputes does not bar [the law firm] from and malpractice claims. collecting amounts due it in OKLAHOMA COMMON other ways, including litiga- LAW tion.”32 In response to a suit filed in the U. S. District Court for the District of Colorado, the In Rollings v. Thermodyne Industries Inc., a case defendant law firm sought an order compelling of first impression, the Oklahoma Supreme arbitration under the terms of the parties’ agree- Court concluded that an agreement to submit ment and the Federal Arbitration Act (FAA). future disputes to arbitration is binding.23 This The district court first concluded that the mal- ruling was based, in part, on the court’s conclu- practice claim and fee dispute were within the sion that arbitration is to be favored as a matter scope of the arbitration agreement.33 The court of public policy.24 That same year, in Shaffer v. next turned to Grider’s claim that the arbitra- Jeffrey, the Oklahoma Supreme Court addressed tion clause was unenforceable because: 1) the several issues regarding arbitration clauses that arbitration clause was fraudulently induced; 2) are included in attorney/client agreements. In law firm breached its fiduciary duty to the cli- Shaffer, a lawyer and his firm were sued by sev- ent; 3) arbitration provisions violated Rule 1.8 of

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 849 the Oklahoma Rules of Professional Conduct siderations and concerns over possible abuse and 4) the arbitration provision was void pursu- should be dealt with on a case by case basis and ant to the provisions of Article 23, Section 8 of should not be allowed to deny all parties the the Oklahoma Constitution. freedom to contract regarding the issue of how disputes between them will be resolved. With respect to the contention that the arbitration clause was fraudulently induced, the court 1. OK Adv. Op. 312, 2000 WL 33389634 (Okl. Bar. Assn. Leg. Eth. found that the law firm never misled Grider as Comm.). 2. Id. at 2-5. to the effect of the arbitration clause; that he 3. 15 O.S. 1991 § 801 et seq. understood the arbitration clause and had the 4. OK Adv. Op. 312, 2000 WL 33389634 (Okl.Bar. Assn.Leg.Eth. opportunity to discuss it with his Oklahoma Comm.) at 1-2. 34 5. Id. at 2, citing Rollings v. Thermodyne Industries, Inc., 1996 OK 6, 910 lawyer. The claim that the arbitration clause P.2d 1030 (1996); Shaffer v. Jeffrey, 1996 OK 47, 915 P.2d 910, 917 (1996). favored the law firm and should be voided as a 6. Okla. Rules of Prof’l Conduct R. 1.5 comment provides: “Dis- putes Over Fees. If a procedure has been established for resolution of fee breach of fiduciary duty was likewise rejected. disputes, such as an arbitration or mediation procedure established by The court concluded that the fiduciary duty the bar, the lawyer should conscientiously consider submitting to it.” 7. OK Adv. Op. 312, 2000 WL 33389634 (Okl.Bar. Assn.Leg.Eth. between the parties arose only after the fee Comm.) at 2. agreement was signed and, subsequently, Grid- 8. Id. at 2 citing, Okla. Rules of Prof’l Conduct R. 1.7 cmt. er had failed to establish the creation of an attor- 9. Id. 2 citing, N.Y. Cty. Law. Assn. Comm. Prof. Ethics Op. 723 (July 35 17, 1997). ney-client relationship prior to that. The court 10. Id. 2 citing, D.C. Bar Ethics Op. 218 (1991); Phila. Bar Ass’n Op. also rejected the claim that the arbitration clause 80-2 (1988). As of the date of the opinion Rule 1.8(a) provided: “(a) A lawyer shall not enter into a business transaction with a client... unless: violated Oklahoma Rule of Professional Con- (1) the transaction... (is) fair and reasonable to the client and [the terms duct 1.8 (“[a] lawyer shall not make an agree- are] fully disclosed and transmitted in writing to the client in a manner which can be reasonably understood by the client; (2) the client is given ment prospectively limiting the lawyer’s liabil- a reasonable opportunity to seek the advice of independent counsel in ity to a client for the lawyer’s personal malprac- the transaction; and (3) the client consents in writing thereto.” tice”) because the arbitration provision did not 11. Id. at 3, citing Rule 1.4 (b). 12. Id. limit liability but only shifted the forum in 13. Id. at 4, citing Rule 1.14 and comments thereto. which that liability would be determined.36 14. Id., citing N.Y. Cty. Law. Ass’n Comm. Prof. Ethics Op. 723 (July 17, 1997) and Ohio Adv. Ethics Op. 96-9 (1996). Finally, the court denied the claim that Article 15. Id. at 5. 23, Section 8 of the Oklahoma Constitution 16. Id. 17. Okla. Rules of Prof’l Conduct R. 1.8 (h) provided at the time (“[a]ny provision of the contract, express or of this opinion: “A lawyer shall not make an agreement prospectively implied, made by any person, by which any of limiting the lawyer’s liability to a client for the lawyer’s personal mal- the benefits of this Constitution is sought to be practice, or settle a claim for such liability with an unrepresented client or former client without first advising that person in writing that inde- waived, shall be null and void”) precluded pendent representation is appropriate in connection therewith.” enforcement of the arbitration provision in 18. Id. 37 19. Okla. Rules of Prof’l Conduct R. 1.8, comment [14]. question. The court reasoned that the transac- 20. ABA Comm. on Ethics and Prof’l Responsibility, Formal Opinion tion indisputably involved interstate commerce 02-425 (2002). and, as such, the FAA — not Oklahoma law — 21. See, e.g., Md. Eth. Op. 90-12 (October 12, 1990). 22. ABA Comm. on Ethics and Prof’l Responsibility, Formal Opinion governed the validity of the agreement to arbi- 02-425 (2002) citing 2 C.G. Hazard and W.W. Hodes, The Law of Law- trate; Oklahoma law was only relevant to the yering, (3d ed. 2001) §12.18 at 12-50; Me. Eth. Op. 170 (December 23, 1999) and Model Rules of Prof’l Conduct R. 1.8(h) cmts. [14] and [5]. extent it should be looked at for general contract 23. Rollings v. Thermodyne Industries, Inc., 1996 OK 6, 910 P.2d 1030, law principles.38 1031 (1996). The arbitration clause in question provided: “[I]n the event of any dispute between the parties hereto relating to this Agreement, the CONCLUSION parties hereby agree to arbitrate such dispute on the rules, regulations and guidelines of the American Arbitration Association.” 24. Id., see also Voss v. City of Oklahoma City, 1980 OK 148, 618 P.2d In Oklahoma, neither legal nor ethical prohi- 925, 928 (1980) and Bilbrey v. Cingular Wireless, L.L.C., 2007 OK 54, 164 bition precludes the use of pre-dispute arbitra- P.3d 131 (2007). tion clauses in legal services contracts as long as 25. Shaffer v. Jeffrey, 1996 OK 47, 915 P.2d 910 (1996). 26. Id. at 911. the client is given sufficient information to make 27. Rollings v. Thermodyne Industries, Inc., 1996 OK 6, 910 P.2d 1030, an informed decision and no attempt is made to 1031 (1996). 28. Id. at 912-913. limit the lawyer’s liability. Accordingly, the ulti- 29. Id. at 913 n. 2. mate decision as to whether arbitration is bene- 30. McGuire, Cornwell & Blakey v. Grider, 765 F.Supp. 1048 (D.Colo. 1991). ficial and under what circumstances it should 31. Id. at 1049. be utilized is one which should be left to the 32. Id. good judgment of the parties involved. There 33. Id. at 1050. 34. Id. are, in fact, substantial ethical, practical and 35. Id. at 1051. See, however ABA Comm. on Ethics and Prof’l societal considerations to be dealt with given Responsibility, Formal Opinion 02-425 (2002): “The Committee is of the opinion that Rule 1.4(b) [duty to explain risks and benefits of alternative the sensitive nature of the relationship between courses of action] applies when lawyers ask prospective clients to exe- the attorney and client. Nevertheless, these con- cute retainer agreements that include provisions mandating the use of

850 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 arbitration to resolve the disputes and malpractice claims.”; cf. Model Rules of Prof’l Conduct Preamble cmt. [17] (2002): “Most of the duties About The AuthorS flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties... that attach when the lawyer Wayne L. Anderson is a agrees to consider whether a client-lawyer relationship shall be estab- professor of business law at lished.” 36. Id. at 1051, citing Monahan v. Paine Webber Group, Inc., 724 F.Supp. Missouri State University. He to 24, 227 (S.D.N.Y. 1989). has taught at MSU for 23 years 37. Id. 38. Id., citing Moses H. Cone Memorial Hospital v. Mercury Construction with emphasis in the areas of Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983); Southland Corpora- Internet law and contracts. His tion v. Keating, 465 U.S. 1, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984); Flink v. J.D. is from California Western Carlson, 856 F2d 44, 46 n. 2 (8th Cir. 1988). Other courts have dealt with this issue in a variety of ways. See e.g. Derfner & Mahler, LLP v. Rhoades, School of Law in San Diego, 257 A.D.2d 431, 683 N.Y.S.2d 509 (Sup.Ct.App.Div. First Dept. 1999) (no Calif. (1980) and is a member of public policy reasons preclude the arbitration of legal malpractice claims as long as the arbitral agreement comports with the applicable the California Bar Association. ethical rules); In re Hartigan, 107 S.W.3d 684 (Tex.App.San Antonio 2003) (court declared that arbitral clause was not an improper attempt to limit lawyer’s liability, but merely an alternative method for dispute resolu- Stanley A. Leasure is an tion that did not insulate or limit the attorney’s liability in any manner); assistant professor business law Thornton v. Haggins, No. 8305, 2003 WL 23010100 (Ohio Ct. of App., Eighth Cir., Dec. 24, 2003) (declined to enforce an arbitration clause in an at Missouri State University. attorney/client agreement in connection with a malpractice action, cit- His 25 years of practice in Fort ing Ohio ethical opinion). Smith, Arkansas with the law firm of Daily & Woods, PLLC included service as a mediator and arbitrator in litigated cases. His J.D. is from the University of Tulsa (1980) and he is a member of the Oklahoma and Arkansas Bar Associations. He is also a certified civil mediator in Arkansas.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 851 OBA/CLE & OBA/MAP present The New Lawyer Experience: Hit the Ground Running Oklahoma City, May 6, 2008 Oklahoma Bar Center, 1901 N. Lincoln Blvd. Program Planner/Moderator — Jim Calloway Director, OBA Management Assistance Program, OKC 8:30 a.m. Registration 9:00 OPENING A BUSINESS a. Resources for starting a law practice b. Being an employee versus the business owner c. Business entity selection d. Physical location/practice setting options e. Liability insurance and other aspects of risk management f. Business planning Jim Calloway 9:50 Break 10:00 PROFESSIONALISM IN THE PRACTICE OF LAW a. Your Actions and Appearance b. Dealing with Clients c. Dealing with Other Attorneys d. Dealing with the Courts Hon. Justice Steven W. Taylor District 2, Oklahoma Supreme Court, OKC 10:30 TRUST ACCOUNTING & LEGAL ETHICS a. The role of Ethics Counsel b. Most common questions of the Ethics Counsel c. Trustworthy Trust Accounts d. File and document retention e. Q & A Gina Hendryx, OBA Ethics Counsel, OKC 11:00 Break 11:10 MANAGEMENT - MANAGING YOUR FINANCES, YOUR FILES, AND YOUR STAFF a. Profit, loss, and the importance of good financial reports b. Establishing practice areas c. Setting fees d. The importance of building work flow systems and tracking work in progress e. Client file management f. Billing (retainers, mechanics of billing, “alternative billing,” getting paid) g. Disaster Planning Jim Calloway 12:00 Lunch provided by Oklahoma Attorneys Mutual Insurance Company 12:30 MALPRACTICE INSURANCE AND OTHER RISK MANAGEMENT ISSUES Phil Fraim, President, Oklahoma Attorneys Mutual Insurance Company, OKC

852 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 1:00 THE CRITICAL NATURE OF GOOD COMMUNICATION a. Client communications - Easy in theory, often hard in practice b. Establishing reasonable client expectations c. Communication and dealing with other attorneys d. Communication with the court WHO SHOULD ATTEND e. Technology and communication tools f. Dealing with “bad news” and “bad clients” THE NEW LAWYER EXPERIENCE? MARKETING a. Developing a marketing plan • New admittees who will be opening b. Ethical marketing strategies their own practices c. Differences in marketing vs. public relations • Experienced lawyers who are leaving d. Budgeting - Marketing on a tight budget or no budget employment to open their own Jim Calloway practices • Young lawyers who wish to improve 2:05 Break their law office operations • Lawyers considering a change in 2:15 “REAL WORLD” LEGAL ETHICS a practice setting General Counsel’s Perspective a. Ethical issues facing small firm lawyers CLE CREDIT: b. Simple guidelines for ethical conduct This course is not eligible for mandatory CLE credit. This is an informational c. Role of OBA General Counsel course. d. Ethics resources Dan Murdock, OBA General Counsel, OKC TUITION: FREE but preregistration is required. 2:45 Break Walk-ins will not be accepted. Please e-mail Mark at [email protected] with your name, OBA number or call 3:00 MARKETING (Continued) (405) 416-7026. e. Generating referrals - Word of mouth is your best marketing tool f. Advertising: From the newspaper to the Yellow Pages CANCELLATION POLICY: Cancellations will be accepted at any time g. Internet-based marketing prior to the seminar date. Please notify h. Analyzing your marketing efforts OBA/CLE if you have registered but Jim Calloway cannot attend (405) 416-7026. TECHNOLOGY a. Law office hardware, from computers to copiers to phones b. The small law firm technology software shopping guide c. Practice management software d. Using technology to provide better client services e. The Internet and the 21st Century lawyer - Online research and other resources f. Mobile phones, PDAs and other gadgets. What do you really need? g. Q & A Jim Calloway 4:00 Adjourn

The New Lawyer Experience: Hit the Ground Running

Full Name______May 6, 2008 Firm ______Oklahoma Bar Center, 1901 N. Lincoln Blvd. Address ______

City ______State ______Zip______

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Are you a Member of OBA? ❐ Yes ❐ No OBA Bar#______

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 853 BAR Membership Anniversaries

he Oklahoma Bar Association applauds these members Twho in 2008 reach significant milestone anniversaries. Oklahoma County John M. Amick Oklahoma City Thomas E. Bennett Oklahoma City 60 Louis G. Borgman years Oklahoma City

1948-2008 Clinton D. Dennis Edmond James D. Foliart Canadian County Oklahoma City 70 Harold C. Theus F. Carroll Freeman years Yukon Oklahoma City

1938-2008 Carter County James P. Garrett Thomas Frederick Collins Oklahoma City Ardmore Ashford R. Gockel Grady County Hazel Howard Levally Oklahoma City Maynard Williams Ardmore H. Dale Jordan Chickasha Oklahoma City Cleveland County Kay County Robert L. Bailey Bill A. Larson Clarence D. Northcutt Norman Oklahoma City Ponca City Benjamin France Lewis Custer County Oklahoma City Kiowa County Johnnie V. Arney Mike A. Caruso Weatherford Edward H. Moler Mountainview Oklahoma City Haskell County Tulsa County Wilbur P. Patton Charles T. Klein McCurtain Scott Oklahoma City Stigler Tulsa Sidney P. Upsher OUT OF STATE Hughes County Oklahoma City James W. Rodgers Jr. Robert H. Warren Jr. Burdette C. Smith Holdenville Ft. Worth, TX Oklahoma City Jackson County Ottawa County Githen K. Rhoads James Reed Altus Miami

854 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Pottawatomie County William Maner Roberts George E. Defenbaugh Edmond Shawnee William B. Rogers Jr. Almon E. Henson Oklahoma City Shawnee Francis M. Tarpley Tulsa County 50 Oklahoma City Harry M. Crowe Jr. years Osage County

Tulsa 1958-2008 William H. Mattingly Robert W. Townsend Pawhuska Sand Springs Pontotoc County Howard B. Upton Bob Eugene Bennett Tulsa Canadian County Ada Robert K. Blood Emil A. Wienecke Jr. Mustang Frank Hesketh Jaques Tulsa Ada Cleveland County Washington County Gary Wayne Williams Pushmataha County Rufus Y. Bandy Jr. Norman Imogene H. Harris Bartlesville Clayton Delaware County OUT OF STATE Waldo F. Bales Rogers County Eucha James Winston Summerlin Roy Donald Denney Claremore Citrus Heights, CA Muskogee County Willard C. Gilles Robert Forney Sandlin Sequoyah County Lago Vista, TX Muskogee Katherine L. Stokes Sallisaw Paul Harkey Oklahoma County Dallas, TX Richard Ray Bailey Tulsa County William Walter Hentz Jr. Oklahoma City Donald Bronson Atkins Tulsa Dallas, TX Arthur S. Bay Thomas Green Johnson Jr. Oklahoma City Robert Graham Brown Tulsa Missouri City, TX Howard K. Berry Jr. Jack G. Kennedy Oklahoma City Edward E. Davies Jr. Tulsa Sherman, TX Stanley B. Catlett Jr. Arthur J. Losee Oklahoma City Walter Dale Felzke Tulsa Artesia, NM Arnold David Fagin A. Miller Medearis Edmond Jack Rodman Givens Tulsa Los Angeles, CA Dan T. Gray John D. Morrow Oklahoma City Joseph C. Jennings Tulsa Raleigh, NC Charles Clark Green Cecil E. Munn Oklahoma City Lawrence A.G. Johnson Tulsa Ft. Worth, TX Donald K. Groom James H. Nease Warr Acres Annelle Slemp Lanford Gainesville, GA Tulsa Paul Johanning Russell Rudolph Linker II Robert Jackson Penney Oklahoma City Tulsa Casper, WY Thomas John Kenan Jack Marwood Short G.D. Spradlin Oklahoma City Tulsa San Luis Obispo, CA Charles Edward Payne William Jordan Welch Charles M. Wilson Oklahoma City Tulsa San Antonio, TX Kent Aubrey Polley Martin Edward Wyatt Edmond Tulsa Giles K. Ratcliffe Edmond Woods County Herbert D. Smith Alva

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 855 OUT OF STATE Perry Inhofe David Burleson S. Padre Island, TX El Paso, TX Milford McDougal Jerald Burns Portland, OR Sun Lakes, AZ Alfred Pugh Billie Cape Sparks, NV Bullard, TX Frank Smith John Cavin Granbury, TX Cave Creek, AZ Kenneth Squires Erwin Cook Houston, TX Hot Springs, AR Raymond Stafford David Erwin Overland Park, KS Palm Desert, CA Charles Tomlins James Essman Cape Coral, FL Midland, TX Jess VanErt Ben Goff Conroe, TX Dallas, TX James Groves Raleigh, NC

856 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 MEMBER BENEFITS

OKNEWSBAR: A New Time- Savings News Service for You By Jim Calloway, Director, OBA Management Assistance Program

So have you visited OKNEWSBAR yet? The address is www.okbar.org/oknewsbar.htm We designed this for you. The busy lawyer. Add your ZIP code into the weather gadget The lawyer who doesn’t have enough time to and get customized weather information every surf the Internet. No training or technology time you return. skills required. Add stocks of interest to the stock ticker. Get It only takes you two clicks to be reading updates every time you return. today’s legal news. Or the latest appellate court Time for a quick break? opinions. Or great law practice management content. Just click, click. Click. Click. Hmmm…. The weather outside is heating up and the stocks are, too. Back to There are four faces of OKNEWSBAR. Add one work. to your favorites. Drag it to your links bar. Make it your home page. Been meaning to register for that great OBA CLE program? Making it your home page is easy. Go to one of the four pages in your browser. Then click Tools, Click. Click. Got ‘er done. Internet Options, Use Current, OK. Start each day with a quick look at legal news or links to End of the day. Waiting on the last document new court opinions. Leave court opinions as to sign? your home page for a few weeks while waiting Click. Click. Use those two minutes. on an opinion about to be issued. Or longer. OKNEWSBAR is the name of a new online news Finish a very stressful phone call and need a service from the Oklahoma Bar Association. We quick reset? hope that you will find it useful and that you will also mention it to your non-lawyer friends Click. Click. Read a new news story just post- and associates. ed this afternoon. Back to work. Click, click, anyone? Hear about a new U.S. Supreme Court opinion on the radio? Click. Click. Check it out. Client calls. Running a few minutes late for their appointment. Click. Click. Read some new law practice management tips. Read four different pieces from four different authors. Make a note to talk to your partner about an idea for an improvement. Client’s here. That was four minutes well spent.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 857 BAR EvENT

Academy Seeks to Develop Future Bar Leaders By Bill Conger

President John F. Kennedy once said, “Leader- ship and learning are indispensable to each other.” As president of the Oklahoma Bar Association, an attorney and an educator, I am passionate about learning and leadership, and that is why one of the goals of my presidency has been to provide leadership training for The Leadership Academy format will differ tomorrow’s bar leaders. from the Leadership Conference. The academy will include fewer people than the Leadership After a highly successful, two-day OBA Conference -- about 20 individuals will be select- Leadership Conference in 2007, I decided to ed. However, more training sessions will be build on that strong foundation by developing a offered with the academy. I anticipate that there more extensive leadership program. I wanted to will be four sessions, beginning in the early fall provide a continued opportunity to OBA mem- this year and continuing through June 2009. bers for leadership training and professional growth and will do so through the 2008-2009 If you are selected and attend this program, Oklahoma Bar Association Leadership you will learn what it means to be a leader. You Academy. will learn how to communicate, motivate and succeed not only in your law career, but also in service to professional, political, judicial, civic and community organizations. You will also Who is eligible? — Any OBA member, including have a chance to meet and interact with 2007 Leadership Conference participants. prominent legal and community leaders.

How do I apply? — Fill out the application It is also of extreme importance to me that the form online at www.okbar.org/members/ Leadership Academy participants include mem- leadershipacademy by May 30. bers of the OBA who are from diverse back- grounds or who have historically been under- What is the cost? — The OBA will pay for the program, accommodations and food, but participants represented in OBA leadership. If you fall within will be responsible for their own travel. one of these categories, I urge you to consider applying for this opportunity. Why participate? — You will benefit personally and professionally by learning about professional My thanks to the Leadership Academy Task leadership. You will be exposed to the legislative and Force, led by Bartlesville attorney Linda Thomas judicial systems; you will interact with high-level state and local officials and judges B and meet many and Oklahoma City attorney Laura McConnell attorneys from the private and public sectors. Corbyn. The work and continued work of the task force is much appreciated. Task force Questions? — Call or e-mail Co-Chair Linda members are Chris Camp, Martha Rupp Carter, Thomas at (918) 337-0947, [email protected] or OBA Educational Programs Director Donita Douglas Dietmar Caudle, Charles Chesnut, Robert Farris, at (405) 416-7028, [email protected]. Charles Geister, Celeste Johnson, Patrick Layden, Michael Mordy, Jon Parsley, Giovanni Perry, Keri Williams and Judge Richard Woolery.

858 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 MOCK TRIAL

Mock Trial volunteers Complete Another Season

The final round of this year’s Oklahoma High School Mock Trial Champi- onship featured a previous state champion and a team that had never reached the finals – Del City’s Christian Heritage Academy and Clinton High School. At the Bell Courtroom at the OU Law Center on March 4, Christian Heritage Academy defeated Clinton for the honor of representing Oklahoma at the National High School Mock Trial Championship to be held in Wilmington, Del., in May. The Mock Trial Committee, the Young Lawyers Division YLD Mock Trial Committee members made the 2007-2008 and the Oklahoma Bar Foun- program a success through their hard work. dation wish to express their gratitude to all of those members of the bar who volunteered during this year’s competition. the Oklahoma Bar Foundation Moradi; Vice Chairperson/ and the Oklahoma Bar Oklahoma City Trial Site “Our Mock Trial program Association. Coordinator Erin Moore; Vice owes its success to the hard Chairperson/Tulsa Trial Site work of hundreds of attorneys Out of 51 teams that began Coordinator Marsha Rogers; who volunteer their time and competing in January, the top Vice Chairpersons Case efforts as members of the Mock finishers are, in third place, Development Marsha Rogers, Trial Committee, attorney Ada High School; fourth, Jenks Nicole M. Longwell and coaches, trial site coordinators, High School; fifth, Catoosa Christine Cave; and Mock Trial presiding judges and scoring High School; sixth, Atoka High Coordinator Judy Spencer. panelists. Our thanks go out to School; seventh, Holland Hall, Other Mock Trial Committee everyone who volunteered and Tulsa; and eighth, Broken members are Julie Austin, participated in this year’s Arrow High School. Dessa Baker-Inman, Jim competition,” said Mock Trial This year’s Mock Trial Buxton, Joe Carson, Christian Committee Chair Rachel Committee members are Chair- D. Szlichta, Antonio L. Jeffrey, McCombs. person Rachel McCombs; Scott Inman and Kathryn The Mock Trial Program, now Executive Vice Chairperson Walker. in its 28th year, would not be Jennifer Bruner; Immediate possible without the support of Past Chairperson Jennifer Scott

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 859 ATTORNEY COACHES Joe Adair Lauren Allison Blayne Allsup Machele Anderson Clifton Baker Amber Bass Laura Baysinger Kirsten Bernhardt Chris Box Gary Briggs Scott Brockman Margo Brown Mark Brown Stephen Bulleigh Damon Cagle Judge Daman Cantrell The final round of the competition begins in the Bell Courtroom Brita Cantrell at the OU College of Law. MaryAnn Coleman Crowe & Dunlevy Law Firm Erin Dailey Jackie Perrin Leah Terrill-Nessmith** Judge Douglas Combs Tim Daniels Bill Perry Corrine O’Day-Hanan Judge Sandy Crosslin MJ Denman Laurie Phillips Mark Osby Judge Edward Barry Denny Richard Phillips Jim Pettis Cunningham*** Catina Drywater Loretta Radford Marsha Rogers**** Chad Davis Susan Eades Dawn Reitan-Brockman Judge Gary Snow** Judge Kenneth Shon Erwin Tim Roberts Clint Soderstrom Dickerson*** Judge James Fatigante Pete Silva Christian Szlichta** Don Easter** Judge Mary Fitzgerald Zach Smith Ron Elrod Don Smitherman FINAL PRESIDING Roger Foster Christine Ford JUDGE Joe Gardner Frank Stout - two teams Matthew Frisby Sophia Gooden Julie Strong Judge Edward Judge Carl Funderburk Daniel Guten Shannon Taylor Cunningham Jodie Gage Mark Hendrickson Laurie Thomas Jennifer Gideon Rex Thompson FINAL SCORING Todd Goolsby** Julie Henson JUDGES Emily Herron James Thornley Joyce Green Forrest Hess Roy Tucker Judge David B. Lewis Judge Joe Heaton Terry Holtz Danny Williams Judge Dana L. Rasure Judge Brian Henderson Mike Horn Randall Wood Judge Millie Otey Referee Hiddle Gary James John Howland TRIAL SITE Judge Daman Cantrell Nathan Johnson** Shawn Huffman COORDINATORS Judge Kenneth Michelle Kirby-Roper Dickerson Stephanie Jones Jennifer Bruner** Jeff Keel Greg Laird PRESIDING JUDGES Rita Lamkin Deresa Clark Judge David Lewis Shawn Lawhorn Amie Colclazier** Judge B. Allen* Jeff Lynch Julie Lombardi Lisa Cosentino** Judge Gayla Arnold Judge Millie Otey Phil Lombardi Eric Edwards Lynn Babb John Pereira** Tim Maxcey Don Elwick Judge James Bland Clay Pettis Matt McBee Bill Haselwood David Bryan Cynthia Pickering Kade McClure Scott Inman Robert Butler Judge Dana Rasure Jeff Mixon Antonio Jeffrey Judge George Butner* Richard Rice Paula Moore Dana Jim Judge Daman Cantrell Carol Seacat Bernice Shedrick Brian Morton Erin Moore Judge Glenn Carter Judge Steven Shreder Rania Nasreddine Lou Ann Moudy Jeff Clark

860 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Bill Simpson Sherril Flood Patrick Layden Rob Ridenour Zach Smith Marna Franklin Niki Lindsey Roger Rinehart Judge Gary Snow** Matthew Frisby** John Lively Michael Schade Amy Steele Trever Furlong Marvin Lizama John Schneider Chris Szlichta** Jodie Gage* Leonard Logan Robert Seacat Judge Norman Luke Gaither Gregg Luther Pete Serrata Thygesen Tom Gibson Carin Marcussen* Bret Smith Doug Todd Brett Glenn Jack Mattingly Jr. DeWayne Smoote Russell Uselton Anthony Gorospe* Scott McCann Bryan Stanton Randy Wagner Elaine Green Rachel McCombs*** Amy Steele Judge Caroline Wall Alan Grubb Lance McCrary Pam Stephens Joe Weaver Deborah Hackler Tracy McDaniel* Justin Stout Rod Wiemer John Hargrave Larry McMains Tressa Stridham Russ Haskins Andrea Medley Khristan Strubhar SCORING Elise Hayes Regina Meyer Emmit Tayloe* PANELISTS Tim Heefner Jon Miller* Patrick Thompson Kenneth Adair Shane Henry Nason Morton Shelley Tipps Lindsey Andrews Referee Hiddle David Mosburg Eric Urbach Chris Arledge Sara Hill Justin Munn Eddie Valdez Elaine Arnold Candin Hobbs Jim Myles Larry Vickers Mark Ashton Lance Hopkins Irma Newburn*** Susanna Voegeli Lynn Babb Kristine Huntsman Andrew Nichols Joe Vorndran Becky Barney Scott Inman Brenda Nipp Michael Warwick Mindy Beare Robert Irby Brittany Novotny Bradon Watkins Terra Bonnell Douglas Jacobson Corrine O’Day-Hanan Joe Weaver John Branum Antonio Jeffrey Chanteau Orr Brian Wilkerson Heidi Brasher Paula Johnson Lloyd Palmer Betty Williams Megan Brooking Vicki Jordan* Scott Pappas Ronald Willis Michael Brown Erin Kennedy John Parris** Greg Wilson David Bryan Vic Kennemer** Lisa Patel** * Served twice Joel Butterworth Jennifer Kerns** Clay Pettis ** Served three times Jim Buxton Ryan Kiesel Mark Phelps *** Served four times Ed Cadenhead Kris Koepsel* David Proctor Stephen Cale** Ryan Koiset Jessica Rainey Stephen Cameron Andy Kreigel Josh Reid Joe Carson*** Jeremy Carter Elizabeth Cates* Dietmar Caudle Christine Cave Shannan Cazonni Ken Chesnutt Paul Choate** Jason Christopher John Cramer** Peggy Cunningham** Brad Davenport D.J. Deleon Michael Denton* Abby Dillsaver Ken Dominic Maria Erbar Julie Ezell Eva Fancher Christian Heritage Academy team members pose with their trophy. They Selim Fiagome were coached by teacher Jerrid Eischen and attorney Chris Box. Amber Fite

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 861 PHOTO HIGHLIGHTS

Board of Governors Travels to Idabel in March

Kathy and OBA Governor Jim Stuart enjoy a dinner hosted by the McCurtain County Bar Association, held the evening before the board’s March meeting. Idabel attorney Ken Farley and OBA Governor Jerry McCombs

Idabel attorney Mitch Leonard, Dr. Michael Johnson provided McCurtain County entertainment after dinner at Bar President Kevin the Museum of the Red River. Sain and OBA President Bill Conger

OBA Past President Charles “Buddy” Neal and Justice Steven Taylor

862 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 FROM THE EXECuTIvE DIRECTOR

Rare Books By John Morris Williams

I love books. I like to hold many of the member ser- them, read them, own them, vices we offer, there is a let them line the shelves as large amount of unseen treasures. There was a time work that goes into such a when the term “rare book” project. Also, a special Oklahoma Rules meant a book that was out of thanks to our friends at of Professional print or that was limited in Oklahoma Attorneys Conduct publication. Now books as Mutual Insurance Co. for paper printed objects seem helping to defray some to be on the downturn. There of the printing costs. are now electronic readers This publication is the and other devices coming on result of more than two the market that reveal a year’s work by our Eth- trend toward books being ics 2000 Committee and printed on paper becoming countless hours of staff rarer. support. After approval Oklahoma Bar Association I am all for being “green” by the committee, the 1901 N. Lincoln Boulevard P.O. Box 53036 and letting the electronic age OBA Board of Gover- Oklahoma City, OK 73152 help us save resources. How- nors took several www.okbar.org ever, there are just some months to review the Effective January 1, 2008 things that should be in a rules at its monthly book. Some things that meetings. After that, should be available if the public hearings were computer is down. One of held, and eventually they those things that should be were approved by the After the postage deal, I was in print is the Oklahoma House of Delegates before done. From there Carol and Rules of Professional Con- being sent to the Oklahoma Gina took over and the fine duct. Of course, the official Supreme Court. The commit- product you see today was statutory reporter prints tee, under the leadership of possible because of many these. They are also online at Dean Lawrence Hellman and hours of hard work. OSCN.net, and they were Gary Rife, even provided us posted on okbar.org. with comments. Now that you have this publication in hand, I hope You should have received I got involved in a small you take time to review it. a published copy of the way by meeting with one of Although the new rules have Oklahoma Rules of Profes- the mailing services that was been publicized for over a sional Conduct. It was vying for our business. year, my guess is that some thought that a stand alone Nothing is simple. There are of you have not taken the volume would be a better a multiple number of factors time to sit down and study member service than to consider in just mailing a them. You should read them merely printing them in the publication. Add to that like your livelihood depends Oklahoma Bar Journal. I like color, size, paper stock, ink on it — because it does! the fact that it can be easily color and sending it all out shelved and retrieved. Like to bid for the best prices. (continued on next page)

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 863 A couple of major changes you should pay particular attention to: Oklahoma Bar Journal Rule 1.15 Trust Account Overdraft Reporting The Editorial Calendar new rule requires the financial institution to notify the OBA general counsel in the event of an overdraft on 2008 2009 a trust account. n May n January Work/Life Balance Meet Your OBA Rule 1.17 Sale of a Law Editor: Jim Stuart Practice This rule now [email protected] Editor: Carol Manning permits a lawyer to sell an Deadline: Jan. 1, 2008 n February “area of practice” if the seller n August Immigration ceases to engage in the prac- Insurance Law Editor: John Munkacsy tice of law in the geographic Editor: Judge Lori Walkley [email protected] area wherein the practice has [email protected] Deadline: Oct. 1, 2008 Deadline: May 1, 2008 been conducted. It also n March expands a lawyer’s ability to n September Privacy cease practicing in an area of Bar Convention Editor: Melissa DeLacerda Editor: Carol Manning law or an area of the state. [email protected] n October Deadline: Oct. 1, 2008 Rule 1.18 Duties to Guardianship n April Prospective Clients This is Editor: Stephen Barnes Law Day an entirely new rule. The [email protected] Editor: Carol Manning Deadline: May 1, 2008 rule gives lawyers guidance n May on when an attorney/client n November Oil & Gas and Energy relationship forms with the Technology/Practice Resources Law Management Editor: Julia Rieman person seeking legal advice Editor: Melissa DeLacerda but does not “hire” the attor- [email protected] [email protected] Deadline: Jan. 1, 2009 ney. Deadline: Aug. 1, 2008 n August Many thanks to the mem- n December Bankruptcy bers and staff who made this Ethics & Professional Editor: Judge Lori Walkley publication a reality. I hope Responsibility [email protected] Editor: Martha Rupp Carter Deadline: May 1, 2009 for you that this is not a rare [email protected] book; but rather, a book that Deadline: Aug. 1, 2008 n September is a useful tool. Bar Convention Editor: Carol Manning n October Criminal Law Editor: Pandee Ramirez [email protected] Deadline: May 1, 2009 n November Family Law To contact Executive If you would like Director Williams, Editor: Leslie Guajardo e-mail him at [email protected] to write an article [email protected] on these topics, Deadline: Aug. 1, 2009 contact the editor. n December Ethics & Professional Responsibility Editor: Jim Stuart [email protected] Deadline: Aug. 1, 2009

864 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 LAW PRACTICE TIPS

‘I Just Need an Answer to a Simple Question.’ By Jim Calloway, Director, OBA Management Assistance Program

“I just need an answer to a ing, even if that change is exclusively solo and small simple question.” We have all only giving you an extra five firm lawyers and the list heard that one. minutes per day. focuses on issues of interest to them. You can find out more When it comes from an about Solosez by visiting unfamiliar voice on the telephone in the law office, this www.abanet.org/soloseznet. phrase roughly translates to “I There’s a lot of value in would like some free legal Solosez. People answer each advice from you, please, and I other’s questions. People post really have five or six ques- obscure items of interest. Peo- tions, but this is a good way ple share their lives, some- to get you started talking.” times sending extremely per- When it comes from one of sonal messages that end up in your school-age children, it the inboxes of over 3,300 of means that you are about to their closest friends. If you are play a few rounds of “Are You interested, you might give Smarter than a Fifth Grader: Solosez a try. Just don’t sub- Home Edition.” When it scribe under your primary e- comes from your spouse or You send an e-mail mail account. Because, while significant other, it means you there is no charge for Solosez, should be ready for a question to one address and it it is not free. There is a cost in that is anything but simple, or time invested. You will receive worse, a question that is sim- ends up in dozens or hundreds of e-mail messages ple, but with potential per day. I firmly believe that answers that are complex and hundreds… the only way you can deal fraught with peril. with Solosez in any rational Is there any such thing as a manner is to set up a dedicat- simple question to a profes- But, first, let me tell you ed Gmail account for Solosez sional who might be charged about Solosez. As a way of only. Then you can have the with some sort of liability for getting part of my online flood contained in a separate answering a question incor- information, I participate in e-mail account and have the rectly? several electronic e-mail lists. power to search through the One of these lists is called pile using Google’s Gmail Well, this month we are not search tools. going to cover questions pro- Solosez. Solosez is sponsored pounded to you. Rather we by the American Bar Associa- Why am I mentioning Solo- are going to spend a few min- tion General Practice Solo and sez? Because it and all of the utes discussing how you can Small Firm Division and other electronic e-mail lists get instant answers to most of boasts 3,315 subscribers. Yes, operate the same way. You your simple questions. I hope you read that correctly, 3,315 send an e-mail to one address this month’s readers will find subscribers and growing and it ends up in dozens or this column to be life chang- every week. These are almost hundreds (or 3,315) of inboxes.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 865 One e-mailer’s trash is anoth- research. They can easily find lion results in Google for er’s treasure and every person precedents and cases, but can- “ombudsman.” But right next who has ever subscribed to a not easily find the flash point to that number is a link to the list has asked themselves the of kerosene. (Oh, wait, that’s definition of the word. When I question, “Why on earth did in 25 Oklahoma Statutes click on the link, not only do I that person send that question § 34 and the Oklahoma get the definition and history to the entire list?” Constitution; bad example.) of the word, but there’s a So this month, let’s cover speaker icon where I can click One negative aspect of and hear it pronounced. online community interest how to locate the answers to questions online. (Now I may Before I leave this page let me groups is that people send scroll down a bit, and scroll totally unrelated and undesir- be about to say things that my highly-trained law librarian and scroll. Wow! There is able material to the collective. information on this word The problem of course is that wife and other librarians will disagree with, but she from 10 different sources, each of us would define including Thomason Gale undesirable by our own stopped reading my column years ago.) Law Encyclopedia and standards. Wikipedia. The final entry is a The Oklahoma Bar offers So let’s start where every series of translations of the OBA-NET free of charge to its one of you would likely start word into other languages. anyway, if you thought about members. It is based on the But let’s click back on the Web board model rather than it: Google. I’m certainly not against traditional dictionar- browser to return to the origi- an electronic mailing list. If nal page of results from our the OBA has your e-mail on ies. But why would you ever ask hundreds of people what Google search. The first result file, you can register for OBA- is the Wikipedia entry for NET at www.oba-net.org. a word or technical term means when you can just type “ombudsman.” I click on that So today I propose an it into Google? You’ve link to enter Wikipedia and go answer to a question that has probably noticed that when to “ombudsman” there. The troubled me for years. Why you search for a single word main Wikipedia page for would that person send that in Google, right next to the English speakers is http://en. question to hundreds of people number of results is a link to wikipedia.org. via e-mail when they could the definition. Wikipedia gets a bad rap in simply find the answer online the legal community. The idea themselves? of a free online “encyclopedia The irony is that they prob- that anyone can edit” just ably find it themselves as You’ve probably screams non-authoritative to quickly as they can type the lawyers. Certainly there have question and send the e-mail. noticed that when been a few well-publicized So why bother hundreds of Wikipedia hoaxes. OK, some others? I have determined you search for a single librarians should skip the next that part of the answer to my paragraph. question is narcissism and word in Google, right Wikipedia is a great source laziness. It doesn’t bother of information and all lawyers some people to force hun- next to the number of should be using it regularly, dreds of others to reach for admittedly with a bit of cau- the delete key if they can get results is a link to the tion. You can find extensive what they need. and detailed information on But, I now believe that most definition. an amazing variety of topics, people simply don’t know particularly if you want to they can now get instant understand some new pop culture phenomena or term answers to almost anything For example, if I’m tempted that may not have even made online or they don’t know to ask the members of my into print dictionaries or ency- how. favorite electronic mailing list clopedias yet. Now it is true what exactly “ombudsman” Many lawyers who can do that I wouldn’t stake an entire means, I should do a Google superb digital legal research client matter solely on infor- search for the word first. OK, for their clients seem to not I get nine and a quarter mil- mation I found on Wikipedia. know how to do other online But that’s true for most single

866 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 sources. And even if you want football season, Wikipedia And if you wanted informa- to dismiss Wikipedia as non- should be your first stop. tion about a book or song, authoritative, there’s a good you wouldn’t want to type Wikipedia has been cited in chance that the Wikipedia just the title of the work into more than a few appellate treatment of a given topic will court opinions, which is prob- Google, you would want to have links to other Internet ably a surprise to some. A enclose it with quotation resources that you would Jan. 29, 2007, New York Times marks so that the results believe to be authoritative. article, “Courts Turn to Wiki- would all have that exact And, referring back to my pedia, but Selectively,” noted phrase, not just some of the original point, Wikipedia is that trend. The article is still words. quite likely to be more author- online at http://tinyurl.com/ But what about answers to itative than the e-mails that 2xtekf, but the New York Times other questions, you might you receive back in response may still require free registra- ask? Entering a few search to a query to an electronic tion to access it. Wikipedia terms into a search engine mailing list. Given no other also has a table of court opin- may get you pages of results, choices, I’d rather cite Wikipe- ions citing Wikipedia as a but you really want the dia in a court brief, noting the source: answer to a question, not an exact date and time (in case afternoon schedule of reading the entry changes) and saving Web pages. the original page as I found it, than cite “e-mail from Bruce You might want to ask Dorner, Londonderry, NH Wikipedia is “What is the meaning of life?” attorney (Aug. 7, 2008.)” I for example. And, just so you may know that Bruce is an quite likely to be more know, Wikipedia does have expert, but will the court? an information page for that authoritative than the at http://en.wikipedia.org/ Wikipedia is the most wiki/Meaning_of_life. famous of many, many wikis. e-mails that you receive (And if you don’t know what But here’s a strategy. If you a wiki is, there’s a good back in response to a want the answer to a specific chance to put this lesson into question, search for the first practice.) Some other wikis of part of a sentence that would interest include WikiHow, the query to an electronic answer the question, enclosed “how to” wiki at www.wiki- by quotes. So search for how.com, Wex from the Cor- mailing list. “Niagara Falls is located” or nell University Law School “The death penalty is Legal Information Institute at allowed.” Some times I even www.law.cornell.edu/wex play Google Jeopardy, where I and JurisPedia, a worldwide http://tinyurl.com/395wcb. enter the question that I want law wiki, http://en.jurispedia. answered enclosed by quotes. org. We have focused on single This will only give me a word searches at this point. response where the author has One thing to understand is But veteran Internet research- rhetorically posed the ques- that popular wikis are quickly ers know that a search using tion in the writing, of course. self correcting. True, someone several key words is more But it works a fair number of may register as an editor and likely to get a result you want. times. edit in some nonsense or off- So for really complex searches the-wall statement. But there or when your first shot at Any phrase enclosed by is a very good chance that, Google doesn’t turn up what quotes is more likely to get within a minute, someone else you need, take a few seconds you the results you desire will fix it. Wikipedia is a great to think of several words. Try than a few keys words. But if source for all sorts of refer- to focus on unique words that that does not work, remove ence material. As I noted in have limited meaning. If you the quotes and try the same one of my blog posts earlier wanted to find a page, with search again. You do have to this year, if you want to see words to a particular song, be more cautious with these every song that made number you wouldn’t want to use the narrowly targeted searches one each week on the Bill- term “words,” for example, and make sure that the Web board 100 for a given year or but would want to search for site promoting the content is a recap of the 2000 NCAA “lyrics” along with the title. trustworthy. There’s probably

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 867 some blogger somewhere who out the OBA/CLE Advanced to do that. For certain types of has posted that Niagara Falls Internet Research webinar questions and for seeking the is in Nigeria. scheduled for May 13. I will subjective opinions of others, be co-presenting that one with there is simply nothing like a For more on online refer- Dallas attorney Tom Mighell, good electronic mailing list, or ence guides and resources, I who was chair of ABA TECH- a Web board like OBA-NET. I strongly suggest checking out SHOW 2008 and has been a get tons of wisdom from these “Fun and Handy Reference past presenter at our OBA groups of people who are Sites That Rock!” online at Solo and Small Firm Confer- willing to freely share their www.abanet.org/genprac- ence. We’ve got some great ideas, their opinions and their tice/ereport/vol7/num1/ information prepared and you information. There has been a sitesforsoreeyes.html or can get CLE credit online good deal of recent business http://tinyurl.com/562chm. while seated in your home or literature written on the wis- My counterpart with the office. Get more information dom of crowds. South Carolina Bar, Courtney or register online at www. Kennaday, and I have been okbar.org/cle/2008/2008-05- I just don’t want for the writing out column “Sites for 13seminarID903.htm or only person who had the Sore Eyes” for the ABA http://tinyurl.com/6fyt94. answer to my question to be GP|Solo Technology eReport the one who dropped out of for several months now and Now, I know I may be dis- the group last week after he we really encourage you to couraging some from e-mail- opened an e-mail asking read this last one for some ing certain questions to elec- “What is an ombudsman great research sites. tronic mailing lists or posting anyway?” for the fifth time to other online community this year. If you want additional train- message boards. I don’t want ing on Internet research, check

IMMIGRATION STAFF ATTORNEY COLLEGE OF LAW – BOESCHE LEGAL CLINIC The University of Tulsa currently has an opening for an Immigration Staff Attorney with the Immigration Outreach and Education Project in the College of Law, Boesche Legal Clinic. The applicant must have: a dem- onstrated commitment, experience, and comprehensive substantive knowledge in immigration law; experience practicing before the USCIS, EOIR, and BIA; 5+ years experience practicing law; and ability to work indepen- dently, as well as collaboratively with other community service providers. The applicant must be licensed to practice law in Oklahoma, eligible to seek admission upon a waiver, and be a member in good standing. Flu- ency in Spanish is strongly preferred. Please check the website at www.utulsa.edu/personnel/jobs for a complete job description. TU offers a competitive benefits package, including 100% tuition benefit after one year of employment. To receive full consideration, please submit a resume, cover letter, and the name, address, and phone number of three professional references to: The University of Tulsa Office of Human Resources, 800 S. Tucker Drive, Tulsa, OK, 74104 or fax to (918)631- 2110 or email [email protected]. Review of applications will commence immediately and continue until this position is filled. The University of Tulsa is an Equal Opportunity/Affirmative Action Employer.

868 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 ETHICS PROFESSIONAL RESPONSIBILITY

Representing Disabled Clients By Gina Hendryx, OBA Ethics Counsel

The adopted changes to the litem, conservator or and assisted, is capable of Oklahoma Rules of Profes- guardian. making decisions about sional Conduct include important matters.” A client’s (c) Information relating to capacity may be diminished expanded options for the the representation of a client due to illness, senility, minor- lawyer representing a client with diminished capacity is ity, addiction, medication or a with diminished capacity or protected by Rule 1.6. When host of other causes. The law- under a disability. Rule taking protective action pur- yer should, as much as is rea- 1.14 now includes lesser suant to paragraph (b), the sonably possible, maintain a restrictive alternatives to lawyer is impliedly autho- seeking a guardianship when rized under Rule 1.6(a) to normal lawyer-client relation- the client lacks the capacity to reveal information about the ship with the impaired client. assist in the lawyer-client client, but only to the extent The lawyer has an increased relationship. reasonably necessary to pro- duty to communicate with tect the client’s interests. the impaired client so that the Rule 1.14. Client with client can make informed Diminished Capacity decisions as to the scope and (a) When a client’s capacity objectives of the representa- to make adequately consid- tion. The same special duty ered decisions in connection to communicate arises when The lawyer has an deafness or linguistic differ- with a representation is ences impede client decision- diminished, whether because increased duty to making. See, e.g. People ex rel. of minority, mental impair- Myers v. Briggs, 263 NE2d ment or for some other rea- communicate with the 109. In Nebraska Bar Associa- son, the lawyer shall, as far as tion v. Walsh, 294 NW2d 873, reasonably possible, maintain impaired client so that a lawyer was disciplined for a normal client-lawyer rela- failure to communicate fully tionship with the client. the client can make with deaf client so that client (b) When the lawyer rea- could make an informed sonably believes that the cli- informed decisions as decision as to whether to file ent has diminished capacity, to the scope and an appeal. is at risk of substantial physi- However, when the client cal, financial or other harm objectives of the has diminished mental capac- unless action is taken and ity, maintaining the normal cannot adequately act in the representation. lawyer-client relationship client’s own interest, the law- may be difficult, if not impos- yer may take reasonably nec- sible, in some respects. Prior essary protective action, to the adoption of rule chang- including consulting with The Comment to Rule 1.14 es, lawyers in Oklahoma individuals or entities that states that “the normal client- were limited to seeking the have the ability to take action lawyer relationship is based appointment of a guardian to protect the client and, in on the assumption that the when faced with a client appropriate cases, seeking the client, when properly advised under a disability. Initiation appointment of a guardian ad of guardianship proceedings

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 869 often pitted attorney against agencies. With the adoption purposes of the litigation client and necessitated the of the rule changes, lawyers only. This is less severe than revelation of lawyer-client may now investigate further seeking a guardianship over confidential communications. and seek the assistance of a person and his/her proper- Rule 1.14 (b) now permits the family members, physicians ty. The guardian only advises lawyer to seek reasonably and/or agencies such as on matters of the litigation necessary protective action Adult Protective Services. and may be discharged at the including the less restrictive When taking protective end of the legal matter. alternatives of consulting action pursuant to Rule 1.14 Whether to seek a guard- with “individuals or entities (b), the lawyer should only ianship or the appointment of that have the ability to take reveal information about the a guardian ad litem should action to protect the client...”. client to the extent reasonably be a considered decision after necessary to protect the Many times the issue is consultation with the client, client’s interests. Rule 1.14 (c). concern that someone is tak- the client’s family members, ing financial advantage of an Rule 1.14(b) permits the physicians and/or trusted elderly or infirm client. Law- lawyer to seek appointment friends. yers are reticent to seek the of a guardian to protect the Have an ethics question? It’s a formality of a guardianship client’s interests if there is no member benefit, and all inquiries based on such suspicions, but less drastic alternative. One are confidential. Contact Ms. were prohibited from voicing option the lawyer should Hendryx at [email protected] or their concerns to family consider is a guardian ad (405) 416-7083; (800) 522-8065. members or government litem or a guardian for the

870 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 BOARD OF GOVERNORS ACTIONS

March Meeting Summary The Oklahoma Bar Association Board of Governors met at the Museum of the Red River in Idabel on Friday, March 28, 2008.

REPORT OF THE February board meeting, BOARD MEMBER PRESIDENT Civil Procedure Committee REPORTS meeting, Custer County Bar President Conger reported Governor Bates reported he attended two Leadership Association meetings for she attended the Oklahoma Academy Task Force meet- February and March, retire- County Bar Association ings, the February board ment reception for Charlotte Board of Directors meeting, meeting and Charlotte Nel- Nelson and volunteered at Cleveland County Bar meet- son’s retirement reception. the OETA Festival. ing, OCBA awards meeting, He participated in several REPORT OF THE February board meeting, telephone conferences EXECUTIVE DIRECTOR retirement reception for regarding the Rule of Law Charlotte Nelson and a lun- Conference and presented Executive Director Wil- cheon at the OCU law the LRE Teacher of the Year liams reported that he school. She also participated Award and School of the attended the NABE Chief in multiple calls and discus- Year Award. Staff Retreat, ABA Bar Lead- sions regarding judicial code ership Institute and NABE changes. Governor Brown REPORT OF THE VICE Program Committee meeting PRESIDENT reported he attended the in Chicago, Supreme Court Bench and Bar Committee Vice President Mordy School and Teacher of the meeting, February board reported he attended Year award presentation and meeting, retirement recep- Charlotte Nelson’s reception, monthly staff celebration. He tion for Charlotte Nelson, February board meeting, also attended meetings and luncheon at OCU law school OCU luncheon and Law conferences with legislators, and participated in a confer- Schools Committee meeting. President-Elect Parsley ence call meeting of the Rule regarding the 2009 OBA of Law Committee. Gover- REPORT OF THE cruise, President Conger PRESIDENT-ELECT nor Christensen reported regarding the OBA Leader- she attended the Bench and President-Elect Parsley ship Academy, Carol Man- Bar Committee meeting and reported he attended the Bar ning and Supreme Court subcommittee meeting, Leadership Institute in Clerk Mike Richie regarding Oklahoma County Bar Asso- Chicago, February board publication of court material, ciation Board of Directors meeting, board dinner at Mock Trial Coordinator Judy meeting, February Board of Mickey Mantle’s Steakhouse, Spencer, OBA directors, OBF Governors meeting, retire- retirement reception for and Board of Bar Examiners ment reception for Charlotte Charlotte Nelson and a staff regarding planning the Nelson and luncheon hosted luncheon at the OCU law move back into the remod- by OCU School of Law and school. eled space. He also met with President Conger. She also the heat and air contractor participated in the OCU Law REPORT OF THE PAST regarding the service agree- School Pro Bono and Public PRESIDENT ment, builder, decorator, Interest Career Fair, numer- Past President Beam architect and artist regarding ous discussions regarding reported he attended the signage for the board room. the Rule of Law Conference

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 871 and multiple discussions Bar Association meeting. GENERAL COUNSEL regarding the proposed Governor Stockwell report- REPORT revised model code of judi- ed she attended the Lawyers General Counsel Murdock cial conduct. Governor Helping Lawyers Committee shared a status report of the Dirickson reported she meeting, Cleveland County Professional Responsibility attended the Custer County Bar Association Executive Commission and OBA disci- Bar Association monthly Committee meeting and plinary matters. He reported meeting, February board Charlotte Nelson’s retire- he attended a meeting of the meeting, board dinner at ment reception. Governor PRC, OBA director’s meeting Mickey Mantle’s Steakhouse, Stuart reported he attended and monthly OBA employee retirement reception for the February board meeting celebration. He participated Charlotte Nelson and lun- in Oklahoma City, Oklahoma in the annual OBA OETA cheon at OCU law school. High School Mock Trial final evening program to raise Governor Hermanson round at OU in Norman and money for public television, reported he attended the volunteered at OETA OCU Law School Pro Bono Member Services Committee Festival for the OBA. and Public Interest Career meeting, Bench and Bar REPORT OF THE YOUNG Fair, evening reception and Committee meeting, Febru- LAWYERS DIVISION benefit auction for the Pro ary Board of Governors Bono and Public Interest meeting, Board of Governors Governor Warren reported Career program a week later, dinner, retirement reception she chaired the YLD Febru- personally donating an auc- for Charlotte Nelson, lun- ary Board of Directors meet- tion item. He spoke at a cheon at OCU law school. ing, participated in numer- Career Day program to the He also answered the phones ous discussions on the YLD gifted and talented student for the OBA at the OETA Gift of Life Committee and program involving 75 sixth Festival and moderated an the YLD Wills for Heroes grade students at the Mus- ABA/CLE teleconference on Committee. She said the Gift tang Education Center, pre- blogging. Governor of Life Committee has many sented a Saturday CLE in McCombs reported he brochures to distribute to the Tulsa to the national meeting attended the February board public encouraging organ of the Association for Legal meeting, board dinner, retire- donation. The Wills for Support Professionals and a ment reception for Charlotte Heroes Committee is work- noon CLE to the Garfield Nelson, luncheon at OCU ing with the OBA Communi- County Bar Association in law school and McCurtain cations Department to Enid. He discussed with the County Bar Association lun- develop a Web page for the OBA auditor improved cheon. He also reported that community service project. procedures for processing he sent out invitations to payments received by the paying invitees to the Tri- LAW STUDENT DIVISION Office of the General County Bar Association for LIAISON REPORT Counsel and had implement- the upcoming board ban- LSD Representative Janoe ed those recommended quet, as well as to the other reported the division is procedures. invitees, met with the Muse- working on increasing its um of the Red River director membership. He said hold- BOARD LIAISON regarding final arrangements ing member-only events is REPORTS for the banquet and met with one idea they are exploring. Governor Brown reported Chef A.J. regarding final din- They are also working on the Bench and Bar Commit- ner arrangements. Governor building the division into a tee’s deadline for accepting Souter reported that in Janu- more cohesive group instead comments on the proposed ary he attended the swear- of as three separate law Code of Judicial Conduct is ing-in ceremony for the school entities. He said they March 31. People submitting Board of Governors, January will be asking board mem- comments will be invited to board meeting, Creek bers for help. the April 24 committee meet- County Bar Association ing. He said the committee meeting and “Has Beens” has received a number of party. In February he comments and will submit a attended the Creek County detailed report to the board.

872 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 BAR CENTER policy amendments to no LEGISLATIVE UPDATE RENOVATIONS longer require board approv- Executive Director Wil- al of presidential committee Executive Director Wil- liams reviewed current leadership and membership liams reported the injured activities taking place at the appointments and to allow construction supervisor is Oklahoma Legislature. Law Student Division mem- back on the job. He said a bers and other non-OBA OETA FESTIVAL new roof is being installed members to serve as ex offi- on both buildings. Recent cio committee members. The President Conger reported heavy rains resulted in leaks board approve the proposed more than $4,100 had been in bar center vestibule, amendments with the addi- raised in private donations which will need to be tion of a sentence that ex for the OBA’s sponsorship. repainted at some point. He officio committee members Several board members said reviewed details of construc- will be non-voting members, they renewed their annual tion progress, including that plus the correction of a typo- pledges when they received the elevator will take days to graphical error. the mailing from OETA, so assemble. He reported a staff their donations were not meeting was held, and a OBA REIMBURSEMENT included on volunteer night. timeline for the move has POLICY Director Manning said she been created. The custom would inquire about adding The board approved the table for the board room will those donations to the total, amendment to change the arrive in late May. which would keep the OBA word ”spouse” to “guest” in in the top level of donors LAWYER’S CREED all instances. recognized monthly in The board voted to ratify LAW DAY OETA’s program guide. its e-mail vote to amend the RESOLUTION FOR Lawyer’s Creed by replacing Communications Director MCCURTAIN COUNTY reference to the Guidelines Manning reported contest BAR ASSOCIATION of Professional Courtesy winners have been selected and winning entries are that no longer exist with President Conger presented posted on the Web. Produc- the Standards of a resolution of appreciation tion for the Ask A Lawyer Professionalism. to the McCurtain County Bar TV show is under way. She Association for its hospitality OKLAHOMA ATTORNEYS encouraged board members in hosting the governors in MUTUAL INSURANCE to assist their county Law Idabel. CO. BOARD OF Day chairpersons to hold DIRECTORS events, which are an excel- NEXT MEETING lent opportunity for positive The board approved Presi- public relations. The board will meet at dent Conger’s recommenda- the Oklahoma Bar Center at tion to reappoint Jo Angela RULE OF LAW 3 p.m. on Friday, April 25, Ables, Oklahoma City, and CONFERENCE 2008. Michael Mayhall, Lawton, for three-year terms to President Conger thanked Editor’s Note: Summaries of OAMIC expiring June 1, Governors Christensen and previous meetings can be 2011. Brown for their work on the found at www.okbar.org/obj/ April 11 conference. Board boardactions/default.htm GUIDE FOR members should have COMMITTEES AND received their invitations. He SECTIONS POLICY reviewed the names of AMENDMENT speakers participating. Executive Director Wil- liams reviewed the proposed

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 873 Jerry D. Dean and James H. Pilkington v. Multiple Injury Trust Fund

Before the Workers’ Compensation Court of the State of Oklahoma Court Claim No. 1986-16937Q consolidated with No. 1989-04341F

NOTICE OF CLASS ACTION PROPOSED SETTLEMENT AND HEARING ON SETTLEMENT

TO: All persons who received awards against the Special Indemnity Fund of the State of Oklahoma during the period from January 1, 1987, until May 9, 1996, whose claims were not timely paid, and who did not opt out of this class action, and the surviving spouses and dependent children of such persons.

PLEASE READ THIS NOTICE CAREFULLY. THIS IS NOT A NOTICE OF A LAWSUIT AGAINST YOU. YOU MAY BENEFIT FROM READING THIS NOTICE.

WHAT THIS LAWSUIT IS ABOUT. On October 22, 1993, Jerry D. Dean and James H. Pilkington filed this action on behalf of themselves and others similarly situated against the Special Indemnity Fund of the State of Oklahoma. The Class Representatives alleged that the awards entered against the Special Indemnity Fund during the period from January 1, 1987, until May 9, 1996, were not timely paid, and that the Special Indemnity Fund owed interest and remaining principal on all such awards. The Special Indemnity Fund later became known as the Multiple Injury Trust Fund. The parties have negotiated a proposed settlement.

NO ADMISSION OF LIABILITY. By settling this lawsuit, the Multiple Injury Trust Fund is not admitting that it has any liability to the class members.

THE PROPOSED SETTLEMENT. The proceeds total approximately $71.2 million. Of this total, the Multiple Injury Trust Fund has paid Class Members approximately $54.7 million during the pendency of this action. Under the terms of the settlement, the Multiple Injury Trust Fund will pay up to an additional $9.1 million plus attorneys’ and administrators’ fees and costs pursuant to the review, approval and supervision of this Court. The attorneys for the class believe that this settlement is fair, reasonable, adequate and in the best interests of the class members. The terms of the settlement are as follows:

1. Benefit. Each class member who is a QUALIFIED CLAIMANT may receive a one time FINAL PAYMENT in an amount up to that which is set out in the following schedule from the MITF Claims Settlement Fund: - $1,000 for a QUALIFIED CLAIMANT whose order awarding material increase benefits in the original underlying claim was filed between January 1, 1987, and December 31, 1988; - $700 for a QUALIFIED CLAIMANT whose order awarding material increase benefits in the original underlying claim was filed between January 1, 1989, and December 31, 1993; and - $ 500 for a QUALIFIED CLAIMANT whose order awarding material increase benefits in the original underlying claim was filed between January 1, 1994, and May 9, 1996. A sum equal to 20% of the amount paid to every QUALIFIED CLAIMANT shall be deducted from said amount and paid by the Multiple Injury Trust Fund in lump sum to the attorney of record who represented that QUALIFIED CLAIMANT in his underlying case against the Special Indemnity Fund.

A QUALIFIED CLAIMANT is defined in the proposed settlement agreement as follows: Any person who received awards against the Special Indemnity Fund of the State of Oklahoma during the period from January 1, 1987, until May 9, 1996, whose claims were not timely paid, and who did not opt out of this class action (“Class Member”), and: (1) Who is alive on the date of the filing of this Order; or (2) The surviving spouse (who is alive on the date of the filing of this Order) of a deceased class member; or (3) A surviving dependent child (who is alive on the date of the filing of this Order) of a deceased class member as defined in Title 85 O.S. §48.

2. Release. Each CLASS MEMBER shall be deemed to have fully, finally, and forever released, relinquished and discharged: (A) all Claims against the Multiple Injury Trust Fund (including its respective past and present officers, directors, agents, managers, attorneys, employees, associates, successors or predecessors in interest, and representatives), whether or not such CLASS MEMBER participates in the settlement by providing a claim form; and (B) the Multiple Injury Trust Fund from any and all claims arising out of, relating to, or in connection with the defense of this action. Further, the Multiple Injury Trust Fund shall be deemed to have, fully, finally and forever released, relinquished and discharged each and all of the CLASS MEMBERS, and their Counsel from any and all claims for abuse of process, malicious prosecution or any other claim arising out of, relating to, or in connection with the initiation and prosecution of the action.

3. Class Representative Award, Attorney Fees and Expenses, and Administrators’ Fees and Expenses. The Multiple Injury Trust Fund will pay: an additional sum of $7,500.00 as a class representative award to both Claimants Dean and Pilkington; a fee of $6.4 million to the Class Action Attorneys as a fair and reasonable fee in satisfaction of their liens and for their efforts in prosecution of this action which has been pending since October 22, 1993 (this represents approximately 8.95% of the total proceeds); reasonable reimbursable costs to the Class Action Attorneys; and the sum of $500,000.00 to the Co-Administrators of the MITF Claims Settlement Fund for fees and expenses incurred in administering claims under this settlement.

CLAIMS PROCESS. Members of the class who believe they are entitled to share in the class recovery MUST complete and submit the PROOF OF ELIGIBILITY FOR PAYMENT and CLAIM FORM provided below postmarked by SEPTEMBER 1, 2008, to the Office of the Administrators at the address set out in the form.

FAIRNESS HEARING. On APRIL 29, 2008, at 9:00 a.m. a hearing will be held on the fairness of the proposed settlement. At that hearing, the Court will hear any properly filed objections concerning the fairness of the proposed settlement. The hearing will take place in the Courtroom of Judge Richard L. Blanchard, Room 109, Workers Compensation Court, 1915 N. Stiles, Oklahoma City, Oklahoma 73105.

WHAT YOU CAN DO.

874 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 1.You should contact the attorney who represented you in your claim(s) against the Special Indemnity Fund. You may wish to consult with another attorney (at your expense) regarding this matter. You also have the right to file an appearance in the case if you wish. 2. If you have no objection to the settlement, and wish to participate in the settlement, you must fill out and return the Claim Form provided below. 3. You have the right to object to the proposed Settlement. Persons who desire to object must file a written objection with the Court Clerk of the Workers’ Compensation Court and provide a copy of that objection to Class Counsel and Counsel for the Multiple Injury Trust Fund such that it is received by the Court Clerk and Class Counsel as well as Counsel for the Multiple Injury Trust Fund on or before APRIL 25, 2008, four (4) days before the Fairness Hearing. The written statement must contain: (1) A heading, referring to the above Court Claim Number(s) and to the Workers Compensation Court of the State of Oklahoma; (2) A statement as to whether the objector intends to appear at the settlement Fairness Hearing, either in person or through counsel, and, if through counsel, identifying counsel by name, address and telephone number; to preserve your right to appeal you must appear and present your objection at the Fairness Hearing; (3) A detailed statement of the specific legal and factual basis for each and every objection; (4) A list of any witnesses the objector may call at the settlement Fairness Hearing, together with a brief summary of each witness' expected testimony; (5) A list of and copies of any exhibits which the objector may seek to use at the settlement Fairness Hearing; (6) A list of any legal authority the objector may present at the settlement Fairness Hearing; (7) The objector's current address; (8) The objector's current telephone number; and (9) The objector's signature; (10) If you do object to the settlement, you must file your objection in writing with the Clerk of the Workers Compensation Court, 1915 N. Stiles, Oklahoma City, Oklahoma 73105. Any Class Member who fails to timely file such written statement in accordance with the above requirements will not be permitted to present any objection at the settlement Fairness Hearing. IMPORTANT: THE COURT REQUIRES THAT ANY OBJECTIONS BE RECEIVED BY THE CLERK OF THE WORKERS’ COMPENSATION COURT AND THE ATTORNEYS LISTED BELOW BY 5:00 PM ON APRIL 25, 2008. IF YOU MAIL AN OBJECTION, IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR WRITTEN OBJECTION IS RECEIVED BY THE COURT CLERK AND THE LAWYERS LISTED BELOW BY 5:00 PM ON APRIL 25, 2008. YOU BEAR THE RISK OF ANY PROBLEM WITH THE MAILS. WHAT YOU SHOULD DO IF YOU WISH TO MAKE A CLAIM NOW. You must submit the Claim Form below to the Office of the Administrators at the address listed on the Claim Form postmarked on or before September 1, 2008. You may contact the attorneys listed below after the date of the Fairness Hearing in order to confirm that the settlement was finally approved, and/or for more information about this matter. Thomas A. Layon and John B. Nicks, Attorneys for the Class, at THE LAYON LAW FIRM, P.C., Pecan Tree Place - 2nd Floor, 5508 South Lewis Avenue, Tulsa, OK 74105, Phone (918) 583-5538, Fax (918)585-3101. Philip W. Redwine, Attorney for the Multiple Injury Trust Fund, at REDWINE & CUBBERLEY, 400 South Crawford, Norman, OK 73069, Phone (405) 364-5551; Fax (405) 364-9591. This notice is only a summary of the terms of the settlement. You may inspect the proposed Settlement Agreement and the Court file during regular business hours at The Workers Compensation Court whose address is set forth above. DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE WORKERS’ COMPENSATION COURT OR TO THE JUDGE. They are not permitted to answer your questions.

PROOF OF ELIGIBILITY FOR PAYMENT and CLAIM FORM (Must be postmarked on or before September 1, 2008)

Name: ______Please mail this Claim Form to: Print your name at the time you received an award Office of the Co-Administrators against the Special Indemnity Fund. Pecan Tree Place- 2nd Floor 5508 South Lewis Avenue Address: ______Tulsa, OK 74105-7105 Street ______City State Zip Your claim number(s) or Court case number(s)

Telephone: (___)______SSN ______DOB: ______E-Mail:______Name, address, and telephone number of Attorney who represented you in your Special Indemnity Fund claim:

By signing this Claim Form, I certify that I believe I am a QUALIFIED CLAIMANT regarding an award of benefits against the Special Indemnity Fund of the State of Oklahoma during the period from January 1, 1987, to May 9, 1996. I authorize communications regarding this matter at the email address listed above.

______Present Name (Please type or print clearly) Signature Date

(Please attach a photocopy of your current driver’s license, passport, or other valid picture identification.)

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 875 BAR FOUNDATION NEWS

OBF Helps Oklahoma Students Gain Experience in Democracy and the Law By Renée DeMoss, OBF President

Who was president when another that enriches the schools to become state the 1964 Civil Rights Act was legal educations of Oklaho- champions of the “We the passed? What year was the ma law students by helping People: the Citizen and the Constitutional amendment them provide pro bono ser- Constitution” competition. enacted that gave women vices to those in need. Under The “We The People” pro- the right to vote? These are an OBF policy that supplies gram is a nationally the types of questions that funding in certain circum- acclaimed curriculum that an alarmingly high number stances outside the usual focuses studies of middle of young Americans students grant cycle, the foundation and high school students on cannot correctly answer. awarded funds to support the history and principles of Indeed, the lack of knowl- Norman High School stu- the U.S. Constitution and the edge American students dents and law students from Bill of Rights. A recent have about U.S. history and the University of Oklahoma nation-wide study of the the democratic process has College of Law, with projects program confirms that stu- been termed a “crisis.” dents learning this curricu- designed to aid them in lum display significantly Another “crisis” said to be learning more about our greater “political tolerance” facing our country is the laws and legal system. and commitment to princi- enormous need for pro bono ples enunciated in the Con- service from lawyers. It is First OBF grant stitution and Bill of Rights estimated that more than 80 awarded to Norman than do students learning percent of the legal needs of High School through traditional textbooks persons in the United States Norman High recently out- and teaching methods. with limited income are cur- scored other Oklahoma rently unmet. Based on their studies of the “We the Peo- Recently the ple” materials, stu- OBF agreed to dents first compete in fund two grant their own classrooms requests that and then with other may help area schools in simu- address these lated congressional crises — one hearings, where they that encourag- evaluate, take and es Oklahoma defend positions on students to historical and contem- learn more porary political issues. about the During the competi- American tions, the students democratic prepare oral presenta- process and tions and field ques-

876 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 tions from judges designed While there, the students helped fund this worthwhile to demonstrate their knowl- worked with the New educational experience for edge and understanding of Orleans Legal Assistance the OU law students. how democracy works in the Corporation by helping During this trip, many of United States. attorneys with bankruptcy the students worked on issues. They also worked The Oklahoma state com- another project designed by with the Louisiana Justice petition was held at the State the Louisiana Justice Insti- Institute, a non-profit legal Capitol Building and com- tute. The students went door advocacy organization creat- peting teams were ranked by to door to every house in the ed to address the urgent Oklahoma judges. The Nor- Ward 27 neighborhood to needs poor and minority man team advanced to rep- gather information about communities have in resent Oklahoma in the each house and the legal rebuilding their neighbor- national competition to be problems the residents face hoods. The students com- held in Washington, D.C. in in rebuilding. pleted surveys and informed May, where they will com- displaced residents living in Law students Walt Crom- pete against teams from the Federal Emergency Manage- well, Toby Frisen and Joanne other 49 states and the Dis- ment Agency trailer parks Lafontant had the opportuni- trict of Columbia. OBF fund- about rights they have to ty to assist an 80 year old ing will help send the Nor- receive assistance from the gentleman who had worked man students to the national U.S. Department of Housing as a mechanic for the Tuske- competition. and Urban Development. gee Airmen. He was still liv- The University of ing in a FEMA trailer and Deeply moved by the pro Oklahoma College was battling ailments caused bono work they did in New of Law pro bono by formaldehyde in the trail- Orleans, the five OU stu- program “Students er. He was struggling to dents returned from New for Access to rebuild his home of 45 years Orleans with a real apprecia- Justice” receives where he had raised his chil- tion for the impact that qual- second grant dren, and was dealing with ity legal assistance can make rising costs for building The “Students for Access in the lives of others. With materials and the endless red to Justice” program provides great enthusiasm, those five tape involved in OU law students obtaining govern- with volunteer ment assistance. opportunities to Other students work on legal issues helped similar cli- through internships ents negotiate with Oklahoma through the myri- organizations, gov- ad roadblocks ernment agencies they faced in and courts at every obtaining assis- level. tance to rebuild In January 2008, their homes. The five students from students were the OU SATJ pro- glad for the gram traveled to opportunity to New Orleans to vol- participate in the unteer with the Stu- program, and the dent Hurricane Net- lessons learned work. The Student will serve them well in their future legal Hurricane Network is a students motivated 15 more careers. Student Mary Wal- national network of law stu- students to forego their ters stated, “The little bit that dents dedicated to advanc- spring breaks and go back to I was able to give was one of ing the cause of social justice New Orleans to continue the most rewarding experi- in communities affected by their pro bono work in this ences of my life. If everyone Hurricanes Katrina and Rita. devastated area. The OBF

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 877 gave one week, it Public Defenders would make a Office. “I hope the huge impact.” work we did will not only help the OU law stu- inmates get fair and dents Brad Wil- just treatment in the son and Mike legal system but will Davis were ELLOW NROLLMENT ORM also get them the FFELLOW EENROLLMENT FFORM among those help they need to who worked � Attorney � Non-Attorney stay clean and out of with the Orleans the system.” Public Defend- Name: ______er’s Office, which You can be a part (name, as it should appear on your OBF Fellow Plaque) County represents people of the initiative to accused of com- help Oklahoma stu- mitting crimes in dents gain valuable the Orleans Par- experiences like Firm or other affiliation: ______ish and who can- these through mem- not afford private Orleans Public Defenders bership in the OBF attorneys. Mr. Davis assisted Office. He also worked with Fellows program and Mailing & Delivery Address:______the office in updating files, a student studying social through other general contri- organizing case loads and work to conduct psychoso- butions. Join with other ensuring that no one slipped cial assessments to deter- Oklahoma attorneys and City/State/Zip: ______through the cracks by failing mine if the five inmates help us to make a real to be assigned an attorney. required treatment for post improvement in the lives of Mr. Wilson conducted inter- traumatic stress, substance others by completing the Fel- Phone:______Fax:______E-Mail Address:______views with five inmates at abuse or other health related low enrollment form that fol- the Orleans Parish Prison to problems. Mr. Wilson is lows. Annual Fellow pay- __ I want to be an OBF Fellow now – Bill Me Later! obtain information about the interested in criminal ments of only $100 still go a __ Total amount enclosed, $1,000 facts of their cases and their defense work and enjoyed long way and help many criminal histories and to learning the holistic diverse law-related pro- __ $100 enclosed & bill annually familiarize them with the approach of the Orleans grams! procedures followed by the __ New Lawyer 1st Year, $25 enclosed & bill as stated YES – I support charitable good works __ New Lawyer within 3 Years, $50 enclosed & bill as stated & agree to become a member of the OBF Fellow Program. __ I want to be recognized as a Sustaining Fellow & will continue my annual gift of at least $100 – (initial pledge should be complete)

__ I want to be recognized at the leadership level of Benefactor Fellow & will annually contribute at least $300 – (initial pledge should be complete)

www.okbar.org Signature & Date: ______OBA Bar #: ______Your source for OBA news. Make checks payable to: Oklahoma Bar Foundation • P O Box 53036 • Oklahoma City OK 73152-3036 • (405) 416-7070 OBF SPONSOR:______I/we wish to arrange a time to discuss possible cy pres distribution to the Oklahoma Bar Foundation and my contact information is listed above. Many thanks for your support & generosity! At Home At Work And on the Go

878 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 FFELLOWELLOW EENROLLMENTNROLLMENT FFORMORM � Attorney � Non-Attorney

Name: ______(name, as it should appear on your OBF Fellow Plaque) County

Firm or other affiliation: ______

Mailing & Delivery Address:______

City/State/Zip: ______

Phone:______Fax:______E-Mail Address:______

__ I want to be an OBF Fellow now – Bill Me Later!

__ Total amount enclosed, $1,000

__ $100 enclosed & bill annually __ New Lawyer 1st Year, $25 enclosed & bill as stated YES – I support charitable good works __ New Lawyer within 3 Years, $50 enclosed & bill as stated & agree to become a member of the OBF Fellow Program. __ I want to be recognized as a Sustaining Fellow & will continue my annual gift of at least $100 – (initial pledge should be complete)

__ I want to be recognized at the leadership level of Benefactor Fellow & will annually contribute at least $300 – (initial pledge should be complete)

Signature & Date: ______OBA Bar #: ______

Make checks payable to: Oklahoma Bar Foundation • P O Box 53036 • Oklahoma City OK 73152-3036 • (405) 416-7070 OBF SPONSOR:______I/we wish to arrange a time to discuss possible cy pres distribution to the Oklahoma Bar Foundation and my contact information is listed above. Many thanks for your support & generosity!

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 879 OBA/CLE presents

Reinventing Your Law Practice Cosponsored with the OBA Law Office Management and Technology Section

Tulsa Oklahoma City DATES & April 18, 2008 April 25, 2008 LOCATIONS: Renaissance Hotel Oklahoma Bar Center 6808 S. 107th E. Ave. 1901 N. Lincoln Blvd.

CLE CREDIT: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 6 hours of mandatory CLE credit, including 0 hours of ethics. For course approval in other states, contact the CLE Registrar.

TUITION: $150 for early-bird registrations received with payment at least four full business days prior to the seminar date; $175 for registrations received within four full business days of the seminar date. Register online at www.okbar.org/cle. The Oklahoma City program will be webcast. For details go to www.legalspan.com/okbar/webcasts.asp.

CANCELLATION Cancellations will be accepted at any time prior to the seminar date; however, a $25 fee will be charged POLICY: for cancellations made within four full business days of the seminar date. Cancellations, refunds, or transfers will not be accepted on or after the seminar date.

Program Planners Jody Nathan, Stauffer, Graves & Nathan, A P.C., Tulsa John Brewer, Law Office of John N. Brewer, Oklahoma City Jim Calloway, OBA Director of Management Assistance Program, Oklahoma City

Program Moderator Jody Nathan

Program: 8:30 a.m. Registration and Continental Breakfast

9:00 Reinventing Your Work: Using To-Do Lists, Folders, and Other Time Management Tools -Get More Done in a Faster Way Tery Deshong, Department of Human Services, Tahlequah

9:50 Break

10:00 Reinventing Yourself as a Virtual Lawyer: Just You and Your Laptop Bill Kumpe, The Bill Kumpe Law Firm, Tulsa

10:50 50 Tips on Reinventing Your Practice Jim Calloway John Brewer

11:40 Networking lunch (included in registration)

12:10 p.m. Reinventing Your Perspective: Clients are More Than Just Legal Problems Karina Forrest, Executive Director, National Alliance on Mental Illness OK, Oklahoma City

880 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 1:00 Reinventing Your Office Systems: A Case Study Gabe Bass, Bass Law Firm, A P.C., El Reno

1:50 Break

2:00 Reinventing Your Customer Service Model Jim Calloway

2:50 Adjourn

Reinventing Your Law Practice Cosponsored with the OBA Law Office Management and Technology Section

G Tulsa April 18, 2008 Renaissance Hotel

G Oklahoma City Full Name______April 25, 2008 Firm ______Oklahoma Bar Center Address ______

G Materials only $80 City ______State ______Zip______Phone ( ) ______E - Mail ______Are you a Member of OBA?  Yes  No OBA Bar#______

Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 53036 Oklahoma City, OK 73152

For  Visa or  Master Card Fax (405) 416-7092, Phone •(405) 416-7006 or Mail

Credit Card# Exp.date______

Authorized Signature

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 881 ACCESS TO JuSTICE

Meeting the Need By Lynn Elliott Gaither

One year ago a group of The partner organizations provides these programs. attorneys met in Oklahoma assist with initial client Clients receiving assistance City for an evening reception intake and financial eligibili- with their legal needs also celebrating the beginning of ty screening. Trinity Legal’s have access to other services Trinity Legal Clinic of first two partner organiza- which address other needs, Oklahoma Inc. The next day, tions are City Rescue Missi- thereby providing a holistic more than 20 attorneys and on and Cross and Crown approach and increasing the law students gathered for Mission, both in Oklahoma likelihood of long-term training sessions on criminal City. Discussions are improvement in their life law, immigration law and ongoing for adding additio- circumstances. family law. These same attor- nal “partnerships” at other Many Trinity Legal clients neys, plus those who have locations. are taking advantage of joined along the way, have these services to improve provided well over their situation. At City 250 hours of free Rescue Mission, Trinity legal services and ser- Legal often assists clients ved approximately who are enrolled in the 150 indigent persons Bridge to Life program. in Oklahoma City In addition to attending who otherwise would recovery programs such not have had timely as Alcoholics Ano- access to legal counsel. nymous, participants in Trinity Legal is an this structured program Oklahoma not-for-pro- commit to attend fit corporation funded numerous life-skill by donations from atto- classes designed to rneys and others help individuals over- interested in helping the come homelessness poor with their legal needs. This clinic model also permanently. Clients take The clinic model is designed ensures clients are served in courses on anger manage- to maximize resources, to a comprehensive manner. ment, financial skills, job minimize inefficiency and to Indigent clients needing help training, parenting, relation- empower volunteer attor- with child support enforce- ship skills and communica- neys to make the most of ment often also need tion, among others. Trinity their commitment of time assistance in feeding and Legal’s volunteer attorneys and talent. Instead of using clothing their children. Cross help these participants deal resources to operate a bricks- and Crown Mission has with legal issues that would and-mortar facility, Trinity programs to provide this otherwise impede their pro- Legal partners with existing assistance. Homeless clients gress toward completion of community organizations. with outstanding warrants the program and their goal The clinic operates within for failing to report to their of independent living. the partner organizations’ probation officer often need Most attorneys voluntee- facilities and serves the part- an addiction recovery pro- ring with Trinity Legal sign ner organizations’ clients. gram. City Rescue Mission

882 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 up to serve at a two-hour cli- and charities to address as Legal and all the other wor- nic session once every month many needs as possible. thy legal service organiza- or every other month. At the tions. Please consider how Trinity Legal provides clinic, two attorneys meet and where you can best volunteer attorneys with with a client to discuss the serve the poor, so many of training and information on client’s legal issues. The atto- whom desperately need the common poverty law issues rneys answer legal questions help only an attorney can such as child custody, guar- and provide counsel on how provide. Every attorney with dianship, divorce, misde- to proceed in a given situati- a heart for service can make meanors, birth certificate on. If a client has a matter a difference. corrections, social security requiring ongoing represen- and victim protective orders. Ms. Gaither is executive tation, one of the interview- A desk reference manual is director of Trinity Legal Clinic ing attorneys might volun- available at each clinic loca- of Oklahoma Inc., P.O. Box teer to provide further tion and covers the applica- 7868, Edmond, OK 73083- assistance on a pro bono ble law and procedures for 7868, (405) 410-4544, basis or might find another many poverty law issues. www.trinitylegal.org. attorney to assist the person. Reference attorneys are also Trinity Legal is a Christian Realizing that no legal ser- available to answer que- organization that provides free vice organization is capable stions from clinic volunteers legal services without regard to of meeting all the needs of regarding specific legal a client’s sex, race, age, national the poor, Trinity Legal issues. origin or religion. This article continues to network with was written at the request of the other legal service organiza- The needs of the poor are Access to Justice Committee. tions, government agencies great, far greater than the available resources of Trinity

The Christian Legal Society of Oklahoma requests the honor of your presence at the Eighth Annual Banquet Monday, May 12, 2008 6:30 p.m. Petroleum Club of Oklahoma City Chase Bank Tower 100 North Broadway, 34th Floor Oklahoma City, Oklahoma Keynote Speaker: Mary Fallin $50.00 per person For more information call Rosemary Rogers (405) 524-2020

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 883 Hot Topics in Mediation for Advocates and Mediators Cosponsored by OBA/CLE and the OBA ADR Section

Oklahoma City DATE & April 17, 2008 LOCATION: Oklahoma Bar Center 1901 N. Lincoln Blvd.

CLE CREDIT: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 6 hours of mandatory CLE credit, including 1 hour of ethics. For course approval in other states, contact the CLE Registrar.

Program Planners/Moderators Andrea Braeutigam, J.D., LL.M., Institute for Dispute Resolution, Stillwater Lynn Malley, J.D., M.A., LL.M., Institute for Dispute Resolution, Stillwater

8:30 a.m. Registration and Continental Breakfast

9:00 Facilitative vs Evaluative Mediation: What Difference Does it Make, and Who Would Know Anyway? Panel Moderators Andrea Braeutigam Lynn Malley Panel Members Ray Tompkins, Ray Tompkins, PLLC., Oklahoma City Steve Boaz, Boaz & Associates, P.C., Oklahoma City Gail Puckett, J.D., Mike Monroney Aeronautical Center, Oklahoma City

9:50 Break

10:00 Family Mediation: Considerations in Mediating Cases Involving Domestic Violence TBA

10:50 Collaborative Law: Another Tool in the Attorney’s Toolbox Panel Members Julie S. Rivers, Family Law Solutions, P.C., Oklahoma City Malcolm McCollam, McCollam Law, Tulsa David Tracy, Naylor, Williams & Tracy, Inc., Tulsa

11:40 Networkinglunch (included in registration)

884 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 12:10 p.m. Mediation Representation: (How) Mediators Would Like You to Prepare Your Client Panel Moderators Andrea Braeutigam Lynn Malley Panel Members Steve Boaz Barry Davis, Atkins & Markoff, Oklahoma City Robert C. Margo, Robert C. Margo, P.L.L.C., Oklahoma City

1:00 Mediation Case Law Review: Top Five Issues That Make it to Court - Where Do You Fit? Andrea Braeutigam Lynn Malley

1:50 Break

2:00 Ethics - Questions for Representatives and Mediators to Cogitate On (ethics) Gina Hendryx, Ethics Counsel, Oklahoma Bar Association, Oklahoma City

2:50 Adjourn

Hot Topics in Mediation for Advocates and Mediators Cosponsored with OBA/CLE and OBA ADR section

G Oklahoma City Full Name______April 17, 2008 Firm ______Oklahoma Bar Center Address ______

City ______State ______Zip______

Phone ( ) ______E - Mail ______

Are you a Member of OBA?  Yes  No OBA Bar#______

Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 53036 Oklahoma City, OK 73152

For  Visa or  Master Card Fax (405) 416-7092, Phone •(405) 416-7006 or Mail

Credit Card# Exp.date______

Authorized Signature

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 885 YOuNG LAWYERS DIvISION

YLD WELCOMES current activities will also be these events. Festivities will NEW ADMITEES provided during this net- be in both Tulsa and working opportunity. For Oklahoma City. For ques- The Young Lawyers Divi- more information, contact tions concerning the happy sion will host several activi- Doris Gruntmeir at (918) 680- hour in Tulsa, please contact ties in the next few weeks to 3983. Molly Bircher at mbircher welcome its newest members @hallestill.com or (918) to the Oklahoma Bar Associ- Happy hour receptions in 594-0595.Questions about the ation. Tulsa and Oklahoma City Oklahoma City happy hour will also honor the new law- During the next few should be directed to yers. All new division mem- weeks, the YLD will host a John Weaver at jweaver@ bers, as well as all YLD number of opportunities for baer-timberlake.com or members, are invited and the division to extend its (405) 842-7711. encouraged to attend each of welcome and offer congratu- lations to those individuals who successfully passed the February bar exam. There will be three swear- EW AWYER ing-in ceremonies for those N L who passed the February bar exam at the Oklahoma HAPPY HOURS Supreme Court Courtroom on April 25. The ceremony MAY 7 – 6 P.M. for OCU graduates who passed will be at 9 a.m., OU SONOMA BISTRO & WINE BAR and out of state attorneys 3523 S. PEORIA AVE. will be at 10 a.m. and TU will be at 11 a.m. Immediate- TULSA ly following each ceremony, the YLD will host a reception MAY 15 – 6 P.M. for the new members and MICKEY MANTLE’S STEAKHOUSE their families and friends. Light refreshments and 7 S. MICKEY MANTLE DR. snacks will be served. Infor- OKLAHOMA CITY mation on the division’s standing committees and

886 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 Calendar April

15 OBA Civil Procedure 24 OBA Bench and Bar Committee Meeting; 3 p.m.; Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: City and Tulsa County Bar Center, James Milton (918) 591-5229 Tulsa; Contact: Jack Brown (918) 581-8211 16 OBA Clients’ Security Fund Committee Meeting; 2 p.m.; 25 OBA Board of Governors Oklahoma Bar Center, Oklahoma Meeting; Oklahoma Bar Center, City and Tulsa County Bar Center, Oklahoma City; Contact: John Tulsa; Contact: Micheal Salem Morris Williams (405) 416-7000 (405) 366-1234 26 OBA Young Lawyers Division 17 OBA Legal Intern Committee Meeting; 9:30 a.m.; Oklahoma Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City; Bar Center, Oklahoma City; Contact: Kimberly Warren Contact: H. Terrell Monks (405) 239-7961 (405) 733-8686 29 OBA Law-related Education 23 OBA Bar Center Facilities Committee Meeting; 4 p.m.; Committee Meeting; 9 a.m.; Oklahoma Bar Center, Oklahoma Oklahoma Bar Center, Oklahoma City; Contact: Debra Jenkins City and Tulsa County Bar Center, (405) 416-7028 Tulsa; Contact: John Morris Williams (405) 416-7000

May

1 OBA Ask A Lawyer Day; Oklahoma City and Tulsa; Contact: Melissa Brown (405) 416-7017

8 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack Brown (918) 581-8211 OBA Professionalism Committee Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Sharisse O’Carroll (918) 584-4192

9 OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Lynn S. Worley (918) 747-4610

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 887 may cont’d

16 OBA Access to Justice Meeting; 1:30 p.m.; 22 OBA Paralegal Committee Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma and Tulsa County Bar Oklahoma Bar Center, Oklahoma City; Contact: Joseph Center, Tulsa; Contact: Kade McClure (580) 248-4675 H. Bocock (405) 235-9621

19 OBA Alternative Dispute Resolution Section 23 OBA Board of Governors Meeting; Enid, Garfield Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma; County; Contact: John Morris Williams Contact: Andrea Braeutigam (405) 744-3305 or (405) 416-7000 Michael A. Simpson (918) 582-8877 26 Memorial Day (State Holiday) 20 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: James Milton (918) 591-5229

21 OBA Member Services Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Keri Williams (405) 385-5148

June 5 OBA Work, Life Balance 12 OBA Bench and Bar 13 OBA Family Law Committee Meeting; Committee Meeting; Section Meeting; 3 p.m.; 12 p.m.; Oklahoma Bar 12 p.m.; Oklahoma Bar Oklahoma Bar Center, Center, Oklahoma City and Center, Oklahoma City and Oklahoma City and OSU Tulsa County Bar Center, Tulsa County Bar Center, Tulsa; Contact: Lynn S. Tulsa; Contact: Melanie Tulsa; Contact: Jack Brown Worley (918) 747-4610 Jester (405) 609-5280 (918) 581-8211 OBA Civil Procedure OBA Board of Editors OBA Professionalism 17 Committee Meeting; Meeting; 2 p.m.; Committee Meeting; 3 p.m.; Oklahoma Bar Oklahoma Bar Center, 4 p.m.; Oklahoma Bar Center, Oklahoma City and Oklahoma City and Tulsa Center, Oklahoma City and OSU Tulsa; Contact: James County Bar Center, Tulsa; Tulsa County Bar Center, Milton (918) 591-5229 Contact: Carol Manning Tulsa; Contact: Sharisse (405) 416-7016 O’Carroll (918) 584-4192 19-21 OBA Solo & Small Firm Conference and YLD Midyear Meeting; Tanglewood Resort on Lake Texoma; Contact: (405) 416-7050

This master calendar of events has been prepared by the Ofﬁ ce of the Chief Justice in cooperation with the Oklahoma Bar Association to advise the judiciary and the bar of events of special importance. The calendar is readily accessible at www.oscn.net or www.okbar.org.

888 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 FOR YOuR INFORMATION

Oklahoma bar and ABA leaders meet at the recent Bar Leadership Institute. From left are ABA President-Elect Tommy H. Wells, OBA President-Elect Jon Parsley, OBA Executive Director John Morris Williams and ABA Executive Director Henry F. White.

OBA Leader Attends Institute OBA President-Elect Jon Parsley of Guymon recently joined 300 other incoming leaders of lawyer organizations from across the country at the ABA’s annual Bar Leadership Institute in Chicago. Others from Oklahoma attending the institute were Oklahoma County Bar President-Elect James Kirk, OCBA Executive Director Debbie Gorden, Tulsa County Bar President-Elect Leonard Pataki and TCBA Executive Director Sandra Cousins. The group attended sessions on bar governance, finance, communications and planning for a presidential term. Various ABA entities briefed the participants on resources available from the ABA for local, state, national and specialty bar associations and foundations. The institute is sponsored by the ABA Standing Committee on Bar Activities and Services and the ABA Division for Bar Services.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 889 Bar Supports Public Television The OETA raised more than $4,000 in private donations as part of its volunteer effort to support the state’s PBS- TV station during the annual OETA Festival. The donation earned the association recognition as a “Senior Executive Producer” level that is recognized in the station’s monthly programming guide. Bar members turned out in force the evening of March 12, taking pledges by phone during the fundraiser. This year’s volunteers were Melinda Alizadeh-Fard, Stephen Beam, Jim Drummond, Tim Henderson, Brian Hermanson, W. Mark Hixson, Mark Koss, Dan Murdock, Sherry Oden, Ernest Nalagan, Janis Preslar, Judge Volunteer lawyers take calls during the Richard Kirby, Kendra Robben, Linda OETA Festival March 12. Ruschenberg, Lori Sander, Anna Self, B. Michael Shanbour, Jim Stuart, Margaret Travis and Rex Travis.

OBA Member Resignations The following OBA members have resigned as members of the association and notice is hereby given of such resignation:

Thomas Phillip Anderson David E. Nichols OBA No. 15526 OBA No. 6658 18731 Talarik Dr. 100 Blackbeard’s Hill, Suite 8E Eagle River, AK 99577 St. Thomas, U.S.V.I. 00802 John William Beck Lance Steven Salyers OBA No. 648 OBA No. 21039 4816 S. Ash Ave., Suite 102 35 Forest View Court Tempe, AZ 85282-7735 Monroe, OH 45050 LeeAnn Marie Benischek Alice Kathryn Wasson OBA No. 19274 OBA No. 20125 4333 Edgewood Road NE Oak Tower Cedar Rapids, IA 52499-5221 324 E. 11th St., 20th Floor Kansas City, MO 64106-2417

890 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 BENCH & BAR BRIEFS

lenders that make business the areas of federal and state loans and conduct related litigation (civil and criminal), commercial transactions in class actions, energy law, and Oklahoma. It is available employment counseling and online through the American litigation. The firm’s phone onica Amis Wit- Bar Association. number is (405) 702-9900. Mtrock, president of First American Title & Trust BA member Kristi Lea klahoma Attorneys Mu- Company and vice presi- OHarrington was recently Otual Insurance Company dent for First American Title elected circuit judge to South announces that Alison A. Insurance Company, has Carolina’s Ninth Judicial Cave has joined the company been elected as chairman of Circuit. Judge Harrington as in-house counsel in the the newly created Oklahoma is a 1996 graduate of the TU claims area. Ms. Cave re- Abstractors Board. The OAB College of Law. ceived her J.D. from the OU regulates the abstracting College of Law in 1985 and industry and enforces the illiam P. Bleakley was brings experience in profes- Oklahoma Abstractors Act Wamong nine journalists sional liability defense, insur- as of Jan. 1, 2008. Ms. Wit- to be recently inducted into ance and general negligence trock was appointed to the the Oklahoma Journalism liability defense, as well as board by Gov. Brad Henry in Hall of Fame. Mr. Bleakley is bar disciplinary defense November 2007. publisher of the Oklahoma matters. Gazette. He founded the n article titled “Invite paper in 1979, and it has itus, Hillis, Reynolds, Athe Magic of Siegfried grown into the state’s largest TLove, Dickman & Mc- and Roy into Your Torts general circulation weekly. Calmon announces that Discussion,” written by He is a 1972 graduate of the Michael S. Linscott and Marty Ludlum of Oklahoma OU College of Law. James J. Robertson have City Community College, joined the firm. Mr. Linscott was published in the Journal joins the firm as a partner. He of Legal Studies Education holds a B.S. degree in math- (spring 2008). The article ematics from OU and earned discussed bringing current his law degree with honors events into the classroom from the TU College of Law. and how a professor’s pas- His primary focus is on com- sion (in this case, magic) can plex commercial litigation lead to a quality discussion, and insurance related cases, applying legal topics to the enry A. “Hank” Meyer, including bad faith, prod- real world. HChristine Cave and ucts liability and toxic tort Ryan Leonard announce matters. Mr. Robertson will ark Lovelace, Eric L. the formation of their new serve in an of counsel posi- MJohnson and other partnership, Meyer Cave & tion with the firm. He is also lawyers in Phillips McFall Leonard PLLC, located in the a graduate of the TU College McCaffrey McVay & Murrah heart of Bricktown at 116 E. of Law. He will enhance the PC have authored “Okla- Sheridan, Suite 207, Okla- firm’s labor and employment homa Lending Law, a Guide homa City, 73104. Daniel G. practice group and adds a for Commercial Lenders.” Couch also has joined the family law practice. He has The guide focuses on laws firm as an associate. The firm more than 10 years of family impacting banks and other will concentrate primarily on law experience in the Tulsa

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 891 area, and he also has experi- aren M. Thomas an- civil rights, claims litigation, ence in worker’s compen- Knounces the opening of corporate/commercial, and sation and personal injury the law office of Karen M. energy and natural resourc- matters. Thomas, Attorney at Law. es. Previously Mr. Edmonson Ms. Thomas, a graduate was with Syntroleum Corp. enry C. Bonney, Scott of the SMU School of Law, where he served as senior HW. Stone and John E. was formerly a prosecuting vice president and general Campbell Jr. announce that attorney for The Chickasaw counsel. His practice areas Jerry W. Herberger has Nation. Her practice will include corporate/com- joined the firm as an associ- consist of general civil and mercial, energy and natural ate and that the firm name criminal law, with emphasis resources, renewable energy, has been changed to Bonney on divorce and family law oil and gas, and legislative Stone & Campbell LLP. Of- matters, real estate, oil and and regulatory affairs. He re- fices are located at BancFirst gas, probate and criminal ceived a B.A. from OSU and Building, 16 S. 9th St., Suite defense. Her office is located his J.D. from the University 300, Duncan, 73533; (580) at 100 E. 13th St., Suite 102, of Texas School of Law. Pre- 255-5600; bsc@bonneyston- Ada, 74821. Her mailing viously, Mr. Robertson was ecampbell.com. address is P.O. Box 2645, with the firm in an of counsel Ada, 74821. Phone: (580) position. He received a B.A. obey S. Elliott announces 332-2545; Fax: (580) 332-3233; from Austin College and his Tthe opening of his law [email protected]. J.D. from Emory University office, T.S. Elliott Law Of- School of Law where he was fice PLLC, located at 600 S. all, Estill, Hardwick, a member of the National Denton Tap Rd., Suite 134, HGable, Golden & Nelson Trial Competition team. His PC announces that Susanna primary practice area is labor Coppell, Texas, 75019-5441. Gattoni Voegeli has rejoined and employment, including The practice focuses on fed- the firm as a shareholder and employment counseling and eral firearms and explosives Elisabeth E. Muckala was employment litigation. license regulation defense, hired as an associate in the small business needs, real es- Oklahoma City office. In the ove, Beal and Nixon P C tate transactions, estate plan- firm’s Tulsa office, Richard Lannounces that Jenifer ning, land use law, elder law, L. Edmonson has joined the A. Gani has joined the firm disability law and education firm in an of counsel posi- as an associate attorney. Ms. law. Mr. Elliott received a tion, and Thomas D. Robert- Gani is a 2000 graduate of B.B.A. in real estate from son has been elected share- OCU and a 2007 graduate of North Texas in 1985 and his holder. Ms. Voegeli received OCU School of Law. She was J.D. in 1999 from OCU. He a B.S. from OU and her J.D. formerly with the James C. can be reached at (877) 486- with honors from the OU Cox Law Firm in Oklahoma 5298, tse@tselliottlawoffice. College of Law. She has re- City. com or through the Web site turned to Hall Estill after two www.tselliottlawoffice.com. years with the U.S. Attor- he Bartlesville law firm of ney’s Office for the Western TSelby, Connor, Maddux itchel, Gaston, Riffel & District of Oklahoma. Her & Janer announces Janice MRiffel PLLC announces practice areas include class P. Dreiling, retired district Lynn M. Retz has been action defense, employment judge for Washington and named a partner in the firm. counseling, employment Nowata counties, has joined Ms. Retz’s areas of practice litigation, labor and employ- the firm of counsel. She will include bankruptcy, Medic- ment, and litigation. Ms. provide legal assistance to aid, estate planning and civil Muckala received a B.A. clients in civil law, including litigation. She is in the firm’s from OU and her J.D. sum- mediation, estate planning, satellite offices of Woodward, ma cum laude from OCU wills and trust, administra- Alva and Fairview by ap- School of Law. Her practice tion of estates, guardianship pointment and otherwise in areas include administra- matters, health care and the Enid office. tive law, appellate practice, advance directives.

892 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 osenstein, Fist & Ringold law, civil and commercial litigation. She represents Rannounces that Bo litigation, and energy law. employers in employment Rainey has been made a Ms. Jones is a 2007 gradu- litigation and in charges of member of the firm. He ate of the TU College of Law discrimination before the received B.S. and B.A. de- and received her bachelor’s Equal Employment Oppor- grees from the University of degree from the University tunity Commission and the Kansas in 1987 and earned of Kansas in 2003. She served Oklahoma Human Rights his law degree from TU in in the student bar association Commission. 1992. Mr. Rainey has been during law school as both a employed by the firm since delegate and the chairperson obinett & Murphy an- 2001 and was made a of the Community Affairs Rnounces that Jennifer member of the firm in 2008. Committee, and was the edi- Struble has joined the firm Rosenstein, Fist & Ringold tor in chief of Dicta, the TU as an associate. Ms. Struble has offices located at 525 Law newspaper. She joined earned a B.S. in political sci- S. Main, Suite 700, Tulsa, the firm in 2007 and has ence from OSU in 1993, an 74103 and 2801 N. Lincoln focused her practice on civil M.P.A. from OU in 1995 and Blvd., Suite 224, Oklahoma and commercial litigation, a J.D. from TU in 2003. While City, 73105. Other informa- employment litigation and at TU, she served as the tion regarding the firm can probate, trust administration executive editor of the Tulsa be found on its Web site at and estate planning. Law Review. Her practice www.rfrlaw.com. areas include civil litigation, ableGotwals announces employment law and Social he Tulsa law firm of Gthat Leslie L. Lynch has Security appeals. THerrold Herrold & Co. joined the firm in the firm’s PC announces the selection Oklahoma City office in an of of John A. Bugg and Mark counsel position. Ms. Lynch A. Waller as shareholders has experience in complex and directors of the firm. civil litigation and employ- The firm also announces that ment litigation and was pre- Emily M. Jones has joined viously employed by the U.S. the firm as an associate. Mr. District Court for the West- Bugg obtained his bachelor’s ern District of Oklahoma as a degree from Oklahoma Bap- law clerk for eight years. She ichard A. Parr II was a tist University, a master of serves as an adjunct profes- Rfeatured speaker at the divinity degree from South- sor at OCU teaching a course University of Texas’ 30th western Baptist Theological in pretrial litigation. She annual Corporate Counsel Seminary in Fort Worth, Tex- graduated magna cum laude Institute. He spoke regard- as, and received his J.D. from from OCU School of Law ing “Current Topics in Ac- Baylor School of Law in 1989. in 1993. She earned a B.B.A. quisitions and Divestitures.” His practice emphasizes with an emphasis in market- Mr. Parr currently serves complex civil and commer- ing from Oklahoma Baptist as general counsel of HCR cial litigation as well as labor University in 1987. Ms. ManorCare Inc., a nation- and employment law, along Lynch’s legal practice is in wide provider of post-acute with emerging practice in the areas of litigation (state and long-term care, home the areas of estate planning and federal), employment health and hospice services, and commercial transactions. liability, product liability and based in Toledo, Ohio. Mr. Waller joined the firm appellate practice. in 2003. He is a 1991 gradu- Mike McBride III ate of the TU College of Law nne E. Zachritz has been D. spoke at the 12th and obtained his bachelor’s Aelected to the board of annual National Institute degree in economics from TU directors of Andrews Davis. on Gaming Law Minefield in 1980. Mr. Waller prac- Ms. Zachritz concentrates in Las Vegas, Nev. The tices primarily in the areas her practice in employment program was designed to of labor and employment defense and commercial offer in-depth coverage and

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 893 discussion of the recent legal, ter co-chair and editor for the How to place an announce- regulatory and ethical issues Immigration Committee of ment: If you are an OBA confronting both commer- the ABA Section of member and you’ve moved, cial and Native American Litigation. become a partner, hired an associate, taken on a partner, gaming. Mr. McBride, who received a promotion or an chairs the firm’s Indian Law ichael A. Simpson award or given a talk or speech and Gaming Practice Group, Mpresented “The Ben- with statewide or national served on a panel discus- efits of Alternative Dispute stature, we’d like to hear from sion titled, “Tribal Gaming: Resolution” to the American you. Information selected for publication is printed at no Where Does It Go From Subcontractors Association, cost, subject to editing and Here.” Oklahoma Chapter. As an at- printed as space permits. torney focusing on construc- Submit news items (e-mail mir M. Farzaneh was tion and contract matters, strongly preferred) in Athe speaker at the Mr. Simpson has represented writing to: March meeting of the South numerous clients in me- Melissa Brown Oklahoma City Lawyers diations and arbitrations. Communications Dept. Association. Mr. Farzaneh He currently serves as the Oklahoma Bar Association P.O. Box 53036 spoke about the immigration co-chair of the OBA’s Alter- Oklahoma City, OK 73152 law, HB-1804 and work-site native Dispute Resolution (405) 416-7017 compliance. He is a frequent Section. Fax: (405) 416-7001 or speaker on immigration law E-mail: [email protected] issues and serves as newslet- Articles for the May 10 issue must be received by Apr. 28

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Dates: April 25 - 26, 2008 Location: Hilton Garden Inn, (Airport Hil- ton) 801 South Meridian, Oklahoma City Cost: $350. Space is limited so please register now. Make check to OACP. Mail to: Novell Wilson, 1831 East 71st Street, Tulsa, OK 74136 Hotel Information and Directions at Yourdivorcechoice.com

894 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 IN MEMORIAM

llene Dixon Davis of ene Paul Morrell of etired Judge Thomas AOklahoma City died GHouston, Texas, died RCrampton Smith Jr. of March 6. She was born Feb. March 3. He was born Oct. Oklahoma City died March 3, 1921, in Beaver. She earned 4, 1932, in Ardmore. He at- 31. He was born Feb. 15, a bachelor’s degree from tended OU, where he studied 1917, in Bristol, Va. He was OSU and went into govern- geology, and graduated in a 1940 graduate of the Uni- ment service in 1945. During 1954. Shortly thereafter, he versity of Tennessee, where World War II she worked in moved to Falmouth, Mass., he played football for the Washington, D.C., returning where he was stationed at legendary coach Major Bob to Oklahoma City to become Otis Air Force Base serv- Neyland. He played in the an FAA employee and attend ing as a second lieutenant 1939 Orange Bowl against OU OCU for a law degree. Her six navigator/controller on a and in the 1940 Rose Bowl. brothers, nieces and nephews Lockheed Constellation Following graduation, he were her first priority in life. EC121D aircraft, running enrolled at the OU School of She and her brother bought reconnaissance flights in Law. He was called to active and lived several years on a the North Atlantic. After his duty in the U.S. Army Air farm located on the Carib- military service, he returned Corps and was assigned to bean coast of Costa Rica. She to Oklahoma and earned his the Judge Advocate General participated in a number of J.D. from OU. Upon graduat- Corps. During World War II, organizations, including the ing, he moved back to Ar- he was stationed in North Peace House, the Food Bank, dmore where he practiced Africa. After active duty, he Rest, Common Cause, Inter- energy law and entered into remained in the Air Force faith Alliance and the United politics, an experience that Reserves, rising to the rank Nations chapter in Oklahoma. led him to Washington, D.C. of colonel. He served as the Memorial contributions may In 1969, he was appointed commanding officer of the be made to the endowment Deputy Assistant Secretary JAG Reserve Unit at Tinker fund of the First Unitarian of the U.S. Department of the AFB. After the war, he com- Church of Oklahoma City or Interior for Mineral Resourc- pleted his studies at the OU to a charity of your choice. es. Later he was appointed School of Law and entered the Director of the U.S. Office of private practice of law with udge Denton Delaplane Oil and Gas (predecessor of his uncle, Edward Howell. JGossett of Austin, Texas, the Department of Energy) After 40 years of law practice, died Feb. 24, 2008. He was and Director of the U.S. Oil he was selected to serve as born Sept. 23, 1924. He was Import Program. In 1972, he a special district judge for admitted to the Oklahoma bar resigned from government Oklahoma County, and he in 1948. Memorials donations service to work in the private was later appointed by Gov. may be made to the Universi- sector, where he eventually Henry Belmon to serve as a ty of Oklahoma Sooner Club, ended up in Houston, work- district judge for Oklahoma the OU President’s Associates ing for several gas and energy County. He was actively in- or to University Christian corporations. Memorial con- volved in community service, Church, 2007 University Av- tributions may be made to including president of the enue, Austin, Texas, 78705. the OU Foundation, attention Oklahoma Junior Chamber Gene Morrell Fund to Benefit of Commerce, president of the School of Geology and the Uptown Kiwanis Club, Geophysics. president of the Last Frontier Council of the Boy Scouts of

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 895 America, president of the Okla- donations may be made to the ela, Central America, Puerto homa Bar Foundation, presi- Adams Care Fund of the Baptist Rico, the Bahamas, Cuba and dent of the Baptist Layman’s Village of Oklahoma City. Miami. He also worked for Corporation and a member of the U.S. Embassy in Chile in the Board of Directors of Baptist hilip Ray Wade of Miami, the ‘40s. From 1970 to 1982, he Hospital. He was inducted into PFla., died Dec. 21, 2007. was treasurer of the Episcopal the Oklahoma Air and Space He was born Sept. 11, 1911, in Diocese of Southeast Florida. Museum for his legal services Boleyn, La. He earned a bach- Memorial donations may be in establishing the museum, elor of science degree from TU made to St. Thomas Episcopal and he received the Journal and received a law degree from Church Endowment Fund, 5690 Record Award presented on OU in 1942. He worked for N. Kendall Dr., Coral Gables, Law Day in 1997. Memorial Exxon for 29 years in Venezu- Fla., 33156.

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896 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 14th Annual Legal Institute of Pickens County, I.T.

Ardmore DATE & May 2, 2008 LOCATION: Dornick Hills Golf and Country Club 519 Country Club Rd.

CLE CREDIT This Course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 6 hours of mandatory CLE credit, including 1 hour of ethics.

TUITION: $150 tuition for early-bird registraitons with payment received at least four full business days prior to the seminar date; $175 for registrations with payment received within four full business days of the seminar date.

CANCELLATION Cancellations will be accepted at any time prior to the seminar date; however, a POLICY: $25 fee will be charged for cancellations made within four full business days of the seminar date. Cancellations, refunds, or transfers will not be accepted on or after the seminar date. Program: Program Planner/Moderator The Honorable Tom S. Walker District Judge, 20th Judicial District of Oklahoma, Ardmore

8:30 a.m. Registration & Continental 11:40 Networking lunch (included in Breakfast registration)

9:00 The State of the Profession - 12:10 p.m. Summary Judgment From the Where We Are and Where We are Judges’ Perspectives Headed Panel John Morris Williams, Executive The Honorable Tom S. Walker Director, Oklahoma Bar Association, The Honorable John Scaggs, Oklahoma City District 20 Judge, Sulphur The Honorable Lee Card, 9:50 Break Associate District 20 Judge, Ardmore 10:00 The Use of Demonstrative Evidence - How to Score Points 1:00 Break with the Jury and Avoid Shooting Yourself in the Foot 1:10 The Psychology of Youth Gangs - Hilton "Red" Walters, Rife & A Substitute for Family Walters, Oklahoma City Herman Jones, Ph.D., University of Oklahoma Health Sciences Center, 10:50 Metadata - What Is It, How Can It Oklahoma City Help/Hurt My Client, What Are My Ethical Duties (ethics) 2:50 Adjourn Jim Calloway, Director of Management Assistance Program, Oklahoma Bar Association, Oklahoma City

14th Annual Legal Institute of Full Name______Pickens County, I.T. Firm ______Address ______Ardmore City ______State ______Zip______G May 02, 2008 Phone ( ) ______E - Mail ______

G Materials only Are you a Member of OBA?  Yes  No OBA Bar#______$80 Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 53036 Oklahoma City, OK 73152

For  Visa or  Master Card Fax (405) 416-7092, Phone or Mail Register online at www.okbar.org •(405) 416-7006

Credit Card# Exp.date______

Authorized Signature

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 897 OBA/CLE Presents

The 25th Annual Basic Bankruptcy Seminar: Silver Anniversary of Learning Bankruptcy Basics Chapter 7

Oklahoma City DATE & May 1, 2008 LOCATION: Oklahoma Bar Center 1901 N. Lincoln Blvd.

CLE CREDIT: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 6 hours of mandatory CLE credit, including 2 hours of ethics.

TUITION: $150 for early-bird registrations received with payment at least four full business days prior to the seminar date; $175 for registrations received with payment, within four full business days of the first seminar date. Register online at www.okbar.org. This program will be webcast. For details go to www.legalspan.com/okbar/webcasts.asp.

CANCELLATION Cancellations will be accepted at any time prior to the first seminar date; however, a $25 fee will be charged POLICY: for cancellations made within four full business days of the seminar date. Cancellations, refunds, or transfers will not be accepted on or after the seminar date.

Program: Program Planner/Moderator Herbert M. Graves, Assistant U.S. Trustee, Western District of Oklahoma, Oklahoma City

8:30 a.m. Registration and Continental Breakfast

8:50 Introduction Herbert M. Graves

9:00 Overview of Chapter 7 Commencement of the case•Eligibility and “means testing’•Conversion •Bankruptcy Estate •Protection of the estate - automatic stay •Trustee’s avoiding powers •Executory Contracts, leases and sales •Distribution of the Estate - claims, priorities, and subordination •Fresh Start - Objections to discharge, redemption, reaffirmation, etc. Sidney K. Swinson, GableGotwals, Tulsa

10:30 Break

10:40 Means Testing Ethics (ethics) Where to find the numbers•Form B22A vs Form B22C•Marital deduction - where does it go and when does it apply•IRS standards•When do these numbers change•Applicable web sites•New 2008 expense standards•Special circumstances•Deductions for student loans•Can I deduct my client’s retirement loan payment? Charles Snyder, Department of Justice, Office of the U.S. Trustee, Oklahoma City Paul Thomas, Department of Justice, Office of the U.S. Trustee, Tulsa

12:10 p.m. Networking lunch (included in registration)

898 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 1:00 The Client andYou Obtaining information from your client • Completing the means test with your client •When to prepare a payroll spreadsheet •Obtaining pay advances and tax returns •Electronically filing documents •What software to use •Conducting the meeting of creditors •What do to when your client is audited •Marital deductions and the non- filing spouse •Statutory exemptions •Certificate of credit counseling and financial management Margaret E. Travis, Attorney at Law, Oklahoma City

2:00 Break

2:10 Duties of the Trustee and Conduct of the Meeting of Creditors Documents to be furnished to the trustee •Examination of the debtor at the meeting of creditors •Managing the untruthful debtor •Turnover of property of the estate •Tax refunds •Administration of the operating business •Collection of accounts receivable •Abandonment of estate assets to the debtor Charles Greenough, Boone, Smith, Davis, Hurst & Dickman, P.C., Tulsa

3:10 Adjourn

The 25th Annual Basic Bankruptcy Seminar: Silver Anniversary of Learning Bankruptcy Basics Chapter 7

Oklahoma City Full Name______G May 01, 2008 Firm ______G Materials only Address ______$80 City ______State ______Zip______

Phone ( ) ______E - Mail ______Are you a Member of OBA?  Yes  No OBA Bar#______Make Check payable to the Oklahoma Bar Association and mail entire page to: CLE REGISTRAR, P.O. Box 53036 Oklahoma City, OK 73512 For  Visa or  Master Card Fax (405) 416-7092 Phone •(405) 416-7006 or Mail Credit Card# Exp.date______Authorized Signature______Register online at www.okbar.org

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 899 CLASSIFIED ADS

SERVICES SERVICES civil appeals, research projects, brief writ- ABRAHAM’S SINCE 1959 NATIONWIDE ing, DISCOVERY ISSUES & LITIGATION SUPPORT. Experienced former federal law clerk will handle state BAIL BONDS and federal appeals, draft motions and briefs and assist Attorney’s EXPRESS Service in trial preparation. Amy H. Wellington (405) 641-5787, DISCOUNTED Bond Fees on Referrals E-mail: [email protected]. OFFICE OPEN & STAFFED 24/7 Toll Free 1-877-652-2245 OKC 528-8000 TRAFFIC ACCIDENT RECONSTRUCTION INVESTIGATION • ANALYSIS • EVALUATION • TESTIMONY OF COUNSEL LEGAL RESOURCES — SINCE 1992 — 25 Years in business with over 20,000 cases. Experienced in Exclusive research & writing. Highest quality: trial and automobile, truck, railroad, motorcycle, and construction zone appellate, state and federal, admitted and practiced accidents for plaintiffs or defendants. OKC Police Dept. 22 U.S. Supreme Court. Over 20 published opinions with years. Investigator or supervisor of more than 16,000 accidents. numerous reversals on certiorari. MaryGaye LeBoeuf Jim G. Jackson & Associates Edmond, OK (405) 348-7930 (405) 728-9925, [email protected].

INTERESTED IN Purchasing Producing & Consulting Arborist, tree valuations, diagnoses, Non-Producing Minerals; ORRI; O & G Interests. forensics, hazardous tree assessments, expert witness, Please contact: Patrick Cowan, CPL, CSW Corporation, depositions, reports, tree inventories, DNA/soil P.O. Box 21655, Oklahoma City, OK 73156-1655; (405) testing, construction damage. Bill Long, ISA 755-7200; Fax (405) 755-5555; E-mail: [email protected]. Certified Arborist, #SO-1123, OSU Horticulture Alumnus, All of Oklahoma and beyond, (405) 996-0411. HANDWRITING IDENTIFICATION POLYGRAPH EXAMINATION PHYSICIANS FOR QUALITY has been providing cred- ible, board certified, practicing physicians and health Board Certified Court Qualified Diplomate — ABFE Former OSBI Agent care professionals as experts to plaintiff and defense Life Fellow — ACFE FBI National Academy attorneys since 1986. PFQ is the most cost-effective, experienced choice available. 1-800-284-3627, email: Arthur D. Linville (405) 636-1522 [email protected], visit: www.PFQ.com.

Appeals and litigation support — Expert research and writing by a veteran generalist who OFFICE SPACE thrives on wide variety of projects, big or small. Cogent. Concise. Nancy K. Anderson, (405) 682-9554, LARGE OFFICE, DOWNTOWN OKC. Easy access and [email protected]. free parking. Receptionist, kitchen, conference room and copier provided. Call Nora at (405) 232-2400.

MEDICAL MALPRACTICE GREAT DOWNTOWN OKC LOCATION — TWO Board-certified doctor expert witnesses, all specialties: OFFICES AVAILABLE FOR SUBLEASE Receptionist, $500 flat rate referral. In house case review by veteran phone, copier, fax, law library, kitchen, conference room MD specialists, $750 flat rate, opinion letter, no and DSL internet. Call Denise at (405) 236-3600 or come extra charge. Fast, easy, safe since 1998. by 204 N. Robinson, Suite 2200. www.MedMalExperts.com (888) 521-3601 PREMIER LOCATION. Two Exclusive offices and 750 Oklahoma CITY ATTORNEY seeks bankruptcy sq. ft. open space of A+++ Professional Suites now referrals. 32 years experience in representing debtors in available within the Financial District of Oklahoma in Chapers 7, 11, 12 and 13. He’s made two oral Edmond. Furnished & Unfurnished, Board Room, arguments before the 10th Circuit Court of Appeals; Conference Center, Kitchen, Private Parking, Security, One before the Three Judge Panel, the other before the Park-like environment. By appointment only. Call Court en banc. Certified in the Northern and Western (405) 348-0909. www.FinancialDistrictOK.com. Districts of Oklahoma, Referral fees offered as may be allowed by the bankruptcy code. Contact: Kenneth 50 PENN OFFICE LOCATION - 1 office suite available L. Peacher, 4101 Perimeter Center Drive, Suite 200, for sub-lease with access to conference room, Oklahoma City, OK 73112, Telephone: (405) 917-5000; copier, phone, and high speed internet. Call Bill at Facsimile (405) 917-5005. (405) 664-8877.

900 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 OFFICE SPACE POSITIONS AVAILABLE

N.W. OKC LOCATION. Beautifully decorated site. OKLAHOMA BASED, MULTI-STATE FIRM seeks Three spacious offices available. Amenities: receptionist, associates with 1+ year experience for Oklahoma offices. conference room, mediation rooms, copier, fax, phones, Emphasis on Family Law, Native American law and postage machine, internet, security system and kitchen. General Litigation. Strong work ethic and self motivation By appointment only (405) 603-6344. skills required. All replies considered confidential. Send resume and salary requirements to: Box “II,” Oklahoma OFFICE BUILDING IN Bethany, OK FOR SALE. Bar Association, P.O. Box 53036, Oklahoma City, OK 2500sf divided into 2 suites. One suite is currently 73152. leased until August 2009. Building is steel with brick veneer built in 2000. 22 parking spaces and large SPANISH SPEAKING LEGAL ASSISTANTS; IMMEDI- lighted sign. Asking $199k. Call (405) 206-3338 ATE EMPLOYMENT — Must be fluent in Spanish and must be able to interpret and translate from English to OKC LOCATION IN MIDTOWN RENAISSANCE. Spanish. Must have 5 years experience in personal injury, Remodeled Midtown 1920’s building. 2 spacious offic- $40k plus benefits. Send resume & references to: Legal es available. Amenities: receptionist, 2 conference Research & Management Systems, Inc., P.O. Box 2243, rooms, mediation rooms, copier, fax, phones, postage Oklahoma City, OK 73101. machine, internet, security system, library, kitchen and COALGATE FIRM seeks attorney — General small parking. By appointment only (405) 627-1380 or practice with clients requiring a high service level, (405) 204-0404. including some nights and weekends. Earnings will be contingent upon performance with a range of POSITIONS AVAILABLE 60K to six figures. Newly licensed or soon to be licensed attorneysare encouraged to apply. Send resumes to Mulinix Ogden Hall Andrews & Ludlam, [email protected]. PLLC., an AV Rated downtown Oklahoma City law firm, ABOWITZ, TIMBERLAKE & DAHNKE, P.C., an AV 18 attorneys, seeks a commercial and business litigation/ rated downtown OKC law firm, is seeking a motivated corporate attorney with 2-3 years experience. Remunera- lawyer with at least three years experience in civil trial tion is structured as follows: Hourly at $50.00/per hour practice. Applicant should be energetic, write well, and (increasing with experience) for each hour billed, payable be willing to devote the time and effort necessary to on a monthly basis. The associate attorney will be provide the best legal services to our clients. Send allowed to keep 100% of revenue generated from his or Resume to P.O. Box 1937, Oklahoma City, OK 73101. her own originations. The firm will assist in oversight of the associate’s files which he or she originates and will DOWNTOWN OKC LAW FIRM is seeking a litigation also assist the associate in client development. attorney with strong research and writing skills, with 0-4 High motivation, high quality work, professionalism are years experience. Send resume and writing samples in key requirements for this position. Please send law confidence to: Box “GG,” Oklahoma Bar Association, school transcript, writing sample and resume to Richard P.O. Box 53036, Oklahoma City, 73152. Ogden at 210 Park Ave., 3030 Oklahoma Tower, Oklahoma City, OK 73102 or email all documents to CONTRACT ATTORNEY WANTED - Small, boutique, [email protected]. For more information about the firm south Tulsa law firm seeking a contract attorney with visit MartindaleHubbell.com or lawokc.com. This experience in estate planning, probate and research position is available immediately. and drafting memoranda regarding estate issues, pro- Aggressive litigation firm with extensive client bate and taxation. Wealth transfer taxation experiences base seeks a research and writing attorney with mini- a plus. Applicants must be detail oriented with a quick mum of 5 years experience to fill an immediate position learning ability; possess excellent computer skills. in their Tulsa office. Primary practice areas are insurance Please fax cover letter, resume with references, writing defense and general civil litigation. Competitive salary sample and salary requirements to (918) 495-3954. commensurate with experience. All applications will be kept in the strictest confidence. Please send resume and Small firm with diverse practice in NE OK writing sample to Box “AA,” Oklahoma Bar Association, County seeks self motivated associate for unique P.O. Box 53036, Oklahoma City, OK 73152. opportunity. Strong research and writing skills required. Compensation negotiable. Send resume Aggressive litigation firm with extensive client by fax to (918) 341-2468 or mail to P.O. Box 1267, base seeks motivated and ambitious litigation associate Claremore, OK 74018 with minimum of 1 year civil litigation experience to fill an immediate position in their Tulsa office. Primary Downtown OKC AV RATED LAW FIRM seeks practice areas are insurance defense and general civil associate with 4-6 years of experience for position with litigation. Competitive salary commensurate with substantial responsibility in the defense of products experience. All applications will be kept in the strictest liability manufacturers and insurance companies. confidence. Please send resume and writing sample to Please forward application and resume to Box “BB,” Box “CC,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma Bar Association, P.O. Box 53036, Oklahoma Oklahoma City, OK 73152. City OK 73152.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 901 POSITIONS AVAILABLE POSITIONS AVAILABLE

Assistant City Attorney I, Legal Department OKC Law Firm needs Attorney with at least 3 years Law degree from an accredited college or university or experience in Civil, Commercial, Personal Injury, Prod- must be obtained by June 30, 2008. Approximately one to uct Liability, Defense Litigation. Competitive salary two years of progressively complex and responsible and excellent benefits. Submit resume with salary related work experience or equivalent combination of requirements and references to Hiltgen & Brewer, P.C. education, training and experience in order to provide Attn: Susan Todd, 9400 N. Broadway Ext., quality legal representation and assistance to City staff. Suite 800 OKC, OK 73114 or email resume to Admission to State Bar no later than September 30, 2008 [email protected] and must be eligible for admission to practice law in Federal Court. Provides support services in the areas of litigation, municipal court prosecution, investigation of POSITION WANTED claims, and preparation of contracts and ordinances. Applicant must provide a writing sample. Selected SAVE THE OVERHEAD OF HIRING ANOTHER applicant must pass a background investigation and attorney — hire a contract attorney. Experienced, drug screen. $52,247 annually. Application Deadline: effective and reliable attorney available for project work April 11, 2008. Obtain application at: 201-C West Gray, or full/part-time position. Over 13 years experience in Human Resources Dept. City of Norman, (405) 366-5482 litigation. Extensive appellate experience. Save overhead Web: NormanOK.gov EOE/AA. without sacrificing quality work. Box “Z,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152, or AV-RATED DOWNTOWN OKC LAW FIRM seeks email [email protected]. associate with 3-8 years experience in civil defense litigation. Must be self motivated. Send resume, writing sample and salary requirements to: Box “HH,” Oklahoma BOOKS Bar Association, P.O. 53036, Oklahoma City, OK 73152 THE LAWBOOK EXCHANGE, LTD. Buys, sells and Reynolds, Ridings, Vogt & Morgan, an AV appraises all major law book sets. Also antiquarian, scholarly. Reprints of legal classics. Catalogues rated downtown OKC law firm which primarily repre- issued in print and online MasterCard, Visa sents creditors in business litigation, business bank- and AmEx. (800) 422-6686; fax: (732) 382-1887; ruptcy and commercial collections seeks associate www.lawbookexchange.com. attorney. Email resume to [email protected] or fax to (405) 232-7911. CLASSIFIED INFORMATION Northeast Oklahoma: 3 Attorney AV Rated Law Firm is seeking Associate with 1 to 4 years of CLASSIFIED RATES: One dollar per word per experience. Duties will include work in all areas of the insertion. Minimum charge $35. Add $15 surcharge civil law practice. Salary commensurate with per issue for blind box advertisements to cover experience. Send reply in confidence to Box “H,” forwarding of replies. Blind box word count Oklahoma Bar Association, P.O. Box 53036, Oklahoma must include “Box ____ , Oklahoma Bar City, Oklahoma 73152. Association, P.O. Box 53036, Oklahoma City, OK 73152.” Display classified ads with bold APPEALS — Family Lawyer with 28 years experience headline and border are $50 per inch. See www.okbar. available for family law appeals, including divorce/ org for issue dates and Display Ad sizes and rates. dissolution, appeals, motions to modify.. Reasonable flat fees. Contact Virginia Henson at DEADLINE: Tuesday noon before publication. [email protected] or (405) 642-0970. More than Ads must be prepaid. Send ad (e-mail preferred) in 20 reported cases. writing stating number of times to be published to: Brandon Haynie, Oklahoma Bar Association Small Oklahoma CITY FIRM seeks a self-moti- P.O. Box 53036, Oklahoma City, OK 73152 vated associate with 2-5 years litigation experience in E-mail: [email protected] insurance defense/personal injury cases to handle litigation, including trial work, depositions, preparing Publication and contents of any advertisement is not motions, and attending court hearings. All replies to be deemed an endorsement of the views expressed confidential; send resume, writing sample, and therein, nor shall the publication of any advertisement salary requirements to Center for Education Law, 900 be considered an endorsement of the procedure or N. Broadway, Suite 300, Oklahoma City, OK 73102 or service involved. All placement notices must be clearly [email protected]. non-discriminatory.

902 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008 LAWYERS HELPING LAWYERS

If you need help coping with emotional or psychological stress please call 1 (800) 364-7886. Lawyers Helping Lawyers is confidential, responsive, informal and available 24/7.

Vol. 79 — No. 10 — 4/12/2008 The Oklahoma Bar Journal 903 THE BACK PAGE My Brush with the Law By J. Scott Andrews

In 1989, I was a loan home the bank owned. It I finished the story the Ends up the debtor had officer for a bank in north- had a large metal barn police officer told me I called the police to report west Oklahoma City. I had where we kept our repos- should have called the the van stolen. A citizen been in that position for two sessed autos until sale time. police department prior to with a scanner heard the years or so. One of the first The barn was located about repossessing the vehicle. I announcement go out on the loans I made went bad due a mile off the street on a explained that my training radio about the time I to a divorcing couple. The winding gravel driveway. I had taught me to call imme- passed them, called the collateral on the loan was a placed the van in the barn diately after the reposses- police and followed me to van which was worth about and climbed back in my sion. The officer then the property. Needless to what the balance was on the truck. exclaimed that, “in Edmond say, it took over an hour to loan. To spend money to you call before and after.” In calm down and I didn’t do hire a repossession company When Ray and I got half a very calm voice he told me another “self repossession” would have probably caused way off of the property, we the main mistake I had for years to come! a deficiency balance and were met by six Edmond made: “You moved once thus a probable loss to my police cars back to back. The when you picked up that Mr. Andrews practices in portfolio. policemen were standing by file and a second time when Ardmore. their vehicles, doors open you put it on the hood. If The wife had told me that and guns drawn. I pulled to you had moved again, I her husband had possession within a few feet of the lead would have shot you.” of the van but that she had a squad car and reached over set of keys. She also knew into the seat to retrieve the where he was living at the debtor’s loan file. As I time. Having done my own turned off the truck and repossessions before, I opened my door I heard the decided to get this van back police screaming, “Hands at no additional cost. up and get down on the If you had ground.” Of course I knew I I enlisted the services of wasn’t a car thief so I my friend Ray to ride with approached the officers at moved again, I me to the debtor’s residence the lead squad car. Their at approximately 9 p.m. I yelling escalated and I tried would have shot was wearing a dark blue T- to tell the police the story shirt, jeans and a ball cap. and the yelling escalated you. Sure enough, the van was even more. I reached over backed into the driveway at to place the loan file on the the husband’s residence and hood of my pickup before I we could see the debtor was escorted to the ground through the plate glass by several officers. One offi- window watching TV. Talk cer held a nice, brushed about adrenaline! stainless steel revolver to I told my buddy to let me my head as several others out of my truck a block or so frisked me. They then away from the van and escorted Ray out of the truck instructed him to follow me and did the same to him. once I passed him. I snuck Let’s just say by this time down the street, opened the I was shaking like a Chihua- door, jammed the key in the hua on a cold winter day! ignition and sped out of the As I stood up, one of the driveway. I turned back to cops said “Now you can look at the house and saw talk.” With trembling hands the debtor running out the I retrieved my wallet to pull door yelling. out my driver’s license and I drove by Ray and we a business card. And, with a sped through the streets of shaky voice I began telling Edmond to the foreclosed the repossession story. When

904 The Oklahoma Bar Journal Vol. 79 — No. 10 — 4/12/2008

Attorney/Client Disputes: a Role for Arbitration? • Bar Launches News Web Pages Vol

Attorney/Client Disputes: a Role for Arbitration? • Bar Launches News Web Pages Vol