Lawyer Experience: Hit the Ground Running Oklahoma City • April 30Th
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ALSO INSIDE • Fair Debt Collection Practices Act • Juvenile Court • Members Celebrate Significant Anniversaries ALSO INSIDE • Fair Debt Collection Practices Act • Juvenile Court • Members Celebrate Significant Anniversaries The New Lawyer Experience: Hit the Ground Running Oklahoma City • April 30th OPENING A BUSINESS TRUST ACCOUNTING & LEGAL ETHICS • Resources for starting a law practice • The role of OBA Ethics Counsel • Being an employee versus the business owner • The role of OBA General Counsel • Business entity selection • Most common questions of the Ethics Counsel • Physical location/practice setting options • Trustworthy Trust Accounts • Liability insurance and other aspects of risk management • File and document retention • Business planning • Ethical issues facing small firm lawyers Jim Calloway, Director,OBAManagementAssistance • Simple guidelines for ethical conduct Program,OklahomaCity • Ethics resources • Q&A MANAGEMENT - MANAGING YOUR FINANCES, GinaHendryx,OBAEthicsCounsel,OklahomaCity YOUR FILES, AND YOUR STAFF • Profit, loss, and the importance of good financial reports MARKETING • Establishing practice areas • Developing a marketing plan • Setting fees • Ethical marketing strategies • The importance of building work flow systems and tracking • Differences in marketing vs. public relations work in progress • Budgeting - Marketing on a tight budget or no budget • Client file management • Generating referrals - Word of mouth is your best • Billing (retainers, mechanics of billing, “alternative billing,” marketing tool getting paid) • Advertising: From the newspaper to the Yellow Pages • Disaster Planning • Internet-based marketing (So many options!) JimCalloway • Analyzing your marketing efforts JimCalloway THE CRITICAL NATURE OF GOOD COMMUNICATION • Client communications - Easy in theory, often hard in practice TECHNOLOGY • Establishing reasonable client expectations • Law office hardware • Communication and dealing with other attorneys • The small law firm technology software shopping guide • Communication with the court • Practice management software • Dealing with “bad news” and “bad clients” • Using technology to provide better client services • Technology and communication tools • The Internet and the 21st Century lawyer - Online JimCalloway research and other resources LunchprovidedbyOklahomaAttorneysMutual • Mobile phones, PDAs and other gadgets. What do you InsuranceCompany really need? • Q & A MALPRACTICE INSURANCE AND OTHER JimCalloway RISK MANAGEMENT ISSUES • Phil Fraim, President, Oklahoma Attorneys Mutual Preregistration required. Insurance Company, Oklahoma City E-mail [email protected] or call (405) 416-7026 Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 753 754 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 THEME: DEPARTMENTS LAW DAY 756 From the President 824 From the Executive Director 826 Law Practice Tips 829 Ethics/Professional Responsibility 831 OBA Board of Governors contents Actions April 11, 2009 • Vol. 80 • No. 10 834 Oklahoma Bar Foundation News 838 Access to Justice 840 Young Lawyers Division 841 Calendar 844 For Your Information 846 Bench and Bar Briefs 849 In Memoriam 825 Editorial Calendar 856 The Back Page pg. 803 PLUS 803 The Fair Debt Collection Practices Act: A Tenth Circuit Primer By Laurie A. Lucas and Alvin C. Harrell 813 Maybe We Should Just Do Away with pg. 759 Juvenile Court By Lawrence L. Langley FEATURES pg. 813 759 Annual Celebration Focuses on Bridging the Past with Today By Tina Izadi 764 Law Day 2009 Contest Winners 784 County Law Day Chairpersons 788 County Bar Association Activities 818 OBA Members Celebrate Significant 793 Supreme Court Law Day Directive Anniversaries High School Mock Trial Committee 794 Governor Signs Law Day 821 Proclamation Wraps Up Another Successful Year Vol. 80 — No. 10 — 4/11/2009 The Oklahoma Bar Journal 755 FROM THE PRESIDENT A Legacy of Liberty By Jon K. Parsley I want to begin by saying how proud I am of Lincoln also encouraged lawyers the turnout and the things we were able to accomplish at to be peacemakers. “Discourage the OBA Day at the Capitol on March 17. litigation. Persuade your neighbors to compromise whenever you can. I put out the SOS, and I was honored that almost 400 Point out to them how the nominal attorneys heeded the call to service. The OBA had a great winner is often a real loser in fees, day and let its positions on pending legislation be expenses and waste of time. As a known. The OBA made clear that it would not stand idly peacemaker, the lawyer has a by while the rights of the citizens of Oklahoma are taken superior opportunity of being a away. We advanced the cause of liberty, which began good man. There will still be busi- with our founding fathers and which has been refined ness enough.” As apt as those and guarded by other words were when Lincoln spoke great Americans such as them, nearly 150 years later, they “As a peacemaker, the Abraham Lincoln. still ring true. Abraham Lincoln has Today, Lincoln is recognized for lawyer has a superior always been a hero of holding the union together and opportunity of being a mine. That is why I am freeing the slaves. His background particularly excited for his presidential decisions was good man.” about this year’s Law formed in frontier courtrooms Abraham Lincoln Day theme. This year where he worked hard to do his Law Day celebrates “A best for his clients. Lincoln repre- Legacy of Liberty,” the sents the best of the legal profes- bicentennial of the birth of Abraham Lincoln — presi- sion. It is an honor to recognize dent, pioneer, politician and lawyer. The story of Lincoln, his bicentennial with this year’s who went from a log cabin to the White House, touches Law Day. It is also an honor that on the many parts of his life — rail splitter, shop keeper, the Oklahoma Bar Association soldier and president. What is often overlooked in these work hard to continue the stories, however, is the fact that Lincoln was a very suc- “Legacy of Liberty.” cessful lawyer. He was prosperous and popular, practic- ing law for more than a quarter of a century. Lincoln made several observations about the practice of law that are still good advice today. In an 1850 lecture on the law, Lincoln acknowledged that he had been moderately successful, pointing out that the “leading rule for the lawyer as for the man of every other calling is diligence. Leave noth- ing for tomorrow which can be done today. Never let your correspondence fall behind. When you bring a common-law suit, if you have the facts for doing it, write the declaration at once.” He urged his listeners to practice public speaking as the lawyer’s avenue to the public. “However able and faithful he may be in other respects, peo- President Parsley ple are slow to bring him business if he cannot practices in Guymon. make a speech.” At the same time, he cautioned [email protected] (580) 338-8764 young lawyers not to use speech making as an excuse not to handle the drudgery [his word] of the law. 756 The Oklahoma Bar Journal Vol. 80 — No. 10 — 4/11/2009 OFFICERS & BOARD OF GOVERNORS Jon K. Parsley, President, guymon Allen M. Smallwood, President-Elect, Tulsa EVENTS CALENDAR Linda S. Thomas, Vice President, Bartlesville J. William Conger, Immediate Past President, Oklahoma City APRIL 2009 Jack L. Brown, Tulsa 14 OBA Women in Law Committee Meeting; Martha Rupp Carter, Tulsa Charles W. Chesnut, Miami 3 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Cathy Christensen, Oklahoma City Center, Tulsa; Contact: Deborah Reheard (918) 689-9281 Donna Dirickson, Weatherford 16 New Admittee Swearing-In Ceremony; Supreme Court Courtroom; Steven Dobbs, Oklahoma City Contact: Board of Bar Examiners (405) 416-7075 W. Mark Hixson, Yukon Jerry L. McCombs, Idabel 17 OBA Women in Law Seminar; Reed Center, Midwest City; Contact: Lou Ann Moudy, Henryetta Deborah Reheard (918) 689-9281 Deborah Reheard, Eufaula 18 OBA Title Examination Standards Committee Meeting; Stroud Peggy Stockwell, Norman James T. Stuart, Shawnee Community Center, Stroud; Contact: Kraettli Epperson (405) 848-9100 Richard Rose, Oklahoma City, Chairperson, 20 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; OBA/Young Lawyers Division Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; BAR CENTER STAFF Contact: Andrea Braeutigam (405) 744-3011 John Morris Williams, Executive Director; 21 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Donita Bourns Douglas, Director of Educational Bar Center, Oklahoma City and OSU Tulsa; Contact: James Milton Programs; Carol A. Manning, Director of (918) 591-5229 Communications; Craig D. Combs, Director of Ad- ministration; gina L. Hendryx, Ethics Counsel; Jim Hudson Hall Wheaton Inn Pupilage Group Seven; 5:30 p.m.; Federal Calloway, Director of Management Assistance Pro- Building, 333 West Fourth St.; Contact: Michael Taubman (918) 260-1041 gram; Rick Loomis, Director of Information Systems; Beverly S. Petry, Administrator MCLE Commission; 23 OBA Legal Intern Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Jane McConnell, Coordinator Law-related Educa- Oklahoma City with teleconference; Contact: H. Terrell Monks (405) 733-8686 tion; Janis Hubbard, First Assistant General Coun- 24 OBA Board of Governors Meeting; 1 p.m.; Oklahoma Bar Center, sel; Mark Davidson, Loraine Dillinder Farabow Oklahoma City; Contact: John Morris Williams (405) 416-7000 and Janna D. Hall, Assistant General Counsels; Robert D. Hanks, Senior Investigator; Sharon Orth, 25 OBA Young Lawyers Division Committee