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Law Firm, PLLC DEVELOP YOUR Volume 87 u No. 11 u April 16, 2016 ALSO INSIDE Protecting Nonprofessional Mineral Owners • Business Courts Understanding Data Breach Liability Alyssa J. Bryant, Bryant Law Firm, PLLC DEVELOP YOUR FOR A SUCCESSFUL PRACTICE 3.5/1 AVAILABLE Program presenter: EMOTIONAL Dan DeFoe, JD MS., Adlitem Solutions This program will provide a high level, functional introduction to emotional intelligence (EI), the law, INTELLIGENCE and professionalism. This foundation should help lawyers begin to understand and develop their EI THE LAW AND and realize its importance and application in the PROFESSIONALISM: practice of law. EI, according to recent research and commentary,commentar A Practical Introduction has importance for lawyers, their team members, external/internal business partners, organizations, and clients. EI can have a positive impact on a per- son's life, profession, and career. Since emotions can assist or derail attorneys in their work, those who make a long term commitment to developing May 6, 2016, 1-4:30 p.m. their EI will position themselves for more opportu-opportu OKLAHOMA BAR CENTER, OKC nities to provide greater service and to achieve success in their practice and business. Their orga- nizations should benefit too. $120 for early-bird registrations received with payment at least four, full business days prior to the first seminar date; $135 for registrations received within four, full business days of the seminar date. Walk-in registration $150. To receive a $10 dis- count for the live onsite program, register online http://www.okbar.org/members/- CLE. You may also register for the live webcast. For more information go to: www.okbar.org/members/CLE 761 The Oklahoma Bar Journal Vol. 87 — No. 11 — 4/16/2016 Theme: Law Day pg. 798 Editor: Carol Manning Protecting Nonprofessional contents Mineral Owners April 16, 2016 • Vol. 87 • No. 11 DE PARTMENTS 764 From the President 822 From the Executive Director 823 Law Practice Tips 827 Ethics/Professional Responsibility 829 OBA Board of Governors Actions 832 Oklahoma Bar Foundation News 835 Young Lawyers Division 837 For Your Information 839 Bench and Bar Briefs 842 In Memoriam 844 Editorial Calendar 845 What’s Online 848 The Back Page PLUS 798 When the Deal’s Too Good: Protecting Nonprofessional Mineral Owners in Oklahoma Cover Art: Poster created by By Brian J. Stanley Helena Singleton, ninth grade, 805 Business Courts: Specialized Courts for Booker T. Washington High School, Tulsa Complex Business Litigation By Spencer C. Pittman 810 Understanding Data Breach Liability: FEATURES The Basics Every Attorney Should Know 767 Events Across the State Emphasize the By Peter J. Arant Importance of Law Day 816 Volunteers Make High School Mock Trial By Albert Hoch and Richard Vreeland Program a Success By Marsha Chojnacki 771 Lawyer Volunteers Needed to Give Free Legal Advice 819 Legislative Activity Increases By Duchess Bartmess 772 Law Day 2016 Contest Winners 787 County Law Day Chairpersons 790 County Bar Association Activities pg. 810 796 Chief Justice Issues Law Day Directive Understanding Data Breach 797 Oklahoma’s State Law Day Liability Proclamation Vol. 87 — No. 11 — 4/16/2016 The Oklahoma Bar Journal 763 FROM THE PRESIDENT On Law Day Let Us Celebrate Trial by Jury By Garvin A. Isaacs On Aug. 14, 1670, in London, William Penn and a fel- returned to open court and found low Quaker, William Meade, spoke out against the king of Penn not guilty. Penn demanded England. Penn and his co-defendant, Meade, were tried for his liberty, but was taken to jail. sedition and inciting rebellion.1 After hearing the evidence The jurors were fined, which they and arguments, the jury retired to deliberate. When the jury refused to pay, and they were sent returned to open court and announced that it was unable to to prison. Later, Penn and his co- reach a verdict, one of the court officers threatened juror defendant obtained their freedom Edward Bushel.2 Two threats were reported, one in which when Penn’s father paid a fine. the court officer said to Edward Bushel, “You deserve to be Eight of the jurors paid their indicted more than any man that hath been brought to the fines and were freed, but Edward bar of this day” and another court officer threatened Bushel 3 Bushel did not. He and three with branding. other jurors hired a According to historians, the jury was lawyer to argue ha- sent back to reconsider its verdict and, beas corpus in what upon return to open court, found that And so it was in has become known William Penn was “guilty of speaking in as Bushel’s Case. An Grace Church street.” Not being the ver- colonial days of appellate court, later dict sought by the judges, the jurors America that in the year, ruled were threatened again. At this point in that the imprison- the proceeding, the 27-year-old William trial by jury ment of the Penn Penn courageously stood and replied, jury was illegal and “The agreement of twelve men is a ver- became a part declared in its opin- dict in law, and such a one being given of our country’s ion that no jury can by the jury, I require the Clerk of the be punished for its Peace to record it . and if the jury history as a verdict.6 bring in another verdict contrary to this, protection of The ruling in I affirm they are perjured men in law. Bushel’s Case be- You are Englishmen. the people. came known in Eng- Mind your privilege. land and America. Give not away your 4 The common man right.” of England and America embraced The next morning, upon returning into the proposition that a jury was open court, one of the judges threatened free to render verdicts without to cut juror Edward Bushel’s throat. fear from the wealthy, the power- Again, Penn responded with words that ful and the government. As one would empower common people to stand writer observed, “The Jury of up for the right to trial by jury. “If not one’s peers that the barons had guilty be not a verdict, then you make the provided had at last become jury and the Magna Charta a mere nose of what the barons never wanted it wax. What hope is there ever of having to be, a democratic parliament of President Isaacs justice done, when juries are threatened twelve.”7 practices in Oklahoma City. and their verdicts rejected.”5 After being [email protected] locked up for another night, the jury 405-232-2060 cont’d on page 803 764 The Oklahoma Bar Journal Vol. 87 — No. 11 — 4/16/2016 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2016 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, u u Board of Governors, Board of Editors or Volume 87 No. 11 April 16, 2016 staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or JOURNAL STAFF BOARD OF EDITORS implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor RENÉE DEMOSS, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can PATRICIA A. FLANAGAN be found at www.okbar.org. LEMITCHEL KING Yukon BAR CENTER STAFF Communications Specialist AMANDA GRANT, Spiro John Morris Williams, Executive Director; [email protected] Gina L. Hendryx, General Counsel; Joe ERIN MEANS, Moore Balkenbush, Ethics Counsel; Jim Calloway, MACKENZIE MCDANIEL Director of Management Assistance Program; Advertising Manager SHANNON L. PRESCOTT Craig D. Combs, Director of Administration; [email protected] Okmulgee Susan Damron Krug, Director of Educational MARK RAMSEY, Claremore Programs; Beverly Petry Lewis, Administrator LAURA STONE MCLE Commission; Carol A. Manning, Director Communications Specialist LESLIE TAYLOR, Ada of Communications; Robbin Watson, Director [email protected] of Information Technology; Jane McConnell, JUDGE ALLEN J. WELCH Coordinator Law-related Education; Loraine Oklahoma City Dillinder Farabow, Tommy Humphries, Debbie Maddox, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS & Manni Arzola, Gary Berger, Debbie Brink, BOARD OF GOVERNORS Laura Brown, Tanner Condley, Cheryl Corey, Nickie Day, Ben Douglas, Dieadra Florence, GARVIN A. ISAACS, President, Oklahoma Johnny Marie Floyd, Matt Gayle, Marley City; PAUL D. BRUNTON, Vice President, Harris, Brandon Haynie, Suzi Hendrix, Tulsa; LINDA S. THOMAS, President-Elect, Bartlesville; Misty Hill, Darla Jackson, Debra Jenkins, DAVID A. POARCH JR., Immediate Past President, Norman; Lemitchel King, Jaime Lane, Durrel Lattimore, JOHN W. COYLE III, Oklahoma City; JAMES R. GOTWALS, Mackenzie McDaniel, Renee Montgomery, Tulsa; KALEB K. HENNIGH, Enid; JAMES R. HICKS, Tulsa; Sharon Orth, Wanda F. Reece, Tracy Sanders, Mark Schneidewent, Laura Stone, ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; JOHN Jan Thompson, Krystal Willis & W. KINSLOW, Lawton; JAMES R. MARSHALL, Shawnee; Roberta Yarbrough SONJA R. PORTER, Oklahoma City; KEVIN T. SAIN, Idabel; Oklahoma Bar Association 405-416-7000 ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Miami; BRYON Toll Free 800-522-8065 J. WILL, Oklahoma City, Chairperson, OBA Young FAX 405-416-7001 Lawyers Division Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in Law-related Education 405-416-7005 June and July by the Oklahoma Bar Association, 1901 N.
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