What Is Required for Gas to Be a Marketable Product in Oklahoma? Suit Against a John Doe Defendant

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Volume 85 u No. 2 u Jan. 18, 2014

OBA President Renée DeMoss

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Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 89 Introducing the Oklahoma Bar Association Insurance Exchange/Marketplace

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90 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Theme: Meet Your Bar Association pg. 147 Suit Against contents a John Doe Jan. 18, 2014 • Vol. 85 • No. 2 Defendant

Departments 92 From the President 154 From the Executive Director 156 Law Practice Tips 159 Ethics/Professional Responsibility 160 OBA Board of Governors Actions 166 Oklahoma Bar Foundation News 169 Young Lawyers Division 171 For Your Information 173 Bench and Bar Briefs 176 In Memoriam 184 The Back Page Cover photo: Office of the General Counsel at the Oklahoma Bar Center. Photographer: Emily Buchanan Features pg. 139 What is Required 95 Renée DeMoss Takes the Lead as for Gas to be OBA President Marketable? By Emily Buchanan

101 OBA Officers and Board of Governors: Volunteers Who Guide Your Association

112 OBA Departments and the Member Services They Provide Plus 139 What is Required for Gas to be 120 Member Perks: Take Advantage a Marketable Product in Oklahoma? By Richard B. Noulles 126 Connect with the OBA Through Social Media 147 Is Anybody Out There? Suit Against a John Doe Defendant 127 A Few Things You Can Do at By Mark B. Houts www.okbar.org 153 New Year, New Online Services 128 OBA Sections Provider for OBA/CLE

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 91 FROM THE PRESIDENT

An Educated Response to the Changing Face of the Law By Renée DeMoss

As the Oklahoma Bar Association heads into 2014, it is qualities make a good judge, how our with the prediction that lawyers and legal institutions will change judicial selection process works and more rapidly over the next two decades than they have over the last how we must be vigilant in preserving two centuries. Fundamental changes will occur in the way our chosen our democracy. Look for the first one to profession operates and how OBA members practice law: be held in Canadian County in Febru- ary and then Custer County in March. The legal market is in an unprecedented state of flux. Over the next 20 years, the way in which lawyers work will change radically. OBA committees and departments Entirely new ways of delivering legal services will emerge, new will also be contributing to this initia- providers will enter the market, and the workings of our courts tive. The Law Day Committee will be will be transformed.1 working with the theme of “Democracy and You.” The Law-related Education Change brings with it both challenges and opportunities. Consider Committee will continue to focus on those that have come with the advent of e-filing, e-discovery and law helping all Oklahoma school children libraries without books. My goals for the OBA in 2014 are to prepare receive necessary civics instruction. The for the challenges and to embrace the opportunities in the best way CourtFacts.org website will be expand- possible — through legal education. ed. The Day at the Capitol in March will A strategic plan put in place by diligent and dedicated past OBA provide OBA members an opportunity leaders provides a roadmap for the OBA’s future, with seven specific to speak with local legislators. goals that provide a solid basis for responding to changes headed our The OBA will also respond to the way. Critically, education is the fundamental premise of each goal. challenge of providing enhanced legal Underlying the strategic plan is the OBA vision that “...all people education opportunities for members. shall have access to, and full benefit of, the rule of law and the system Plans are underway for innovations in of justice in Oklahoma, through innovative and responsive services to CLE, with an emphasis on affordabili- our members and the community” — and the OBA mission statement ty, availability and technology. I have — “to enable all OBA members to provide excellent legal services to met with our three law school deans the community in an ethical, professional and civil manner.” on ways the OBA can help integrate new lawyers into the profession. More Preserving the rule of law and our system of justice in Oklahoma programs are planned for senior law- may very well be the OBA’s biggest challenge in 2014. Attacks on our yers as their careers evolve, including courts stemming from disagreements with indi- possible implementation of a Senior vidual case decisions seem to be gaining force. Section and review of Oklahoma rules No matter what changes occur in our legal regarding transitioning attorneys. New world, however, we must steadfastly protect our educational opportunities will include unique system of government that provides us an Appellate College at the Oklahoma with fair and impartial courts and qualified Judicial Center in the spring, a Trial judges. It is our responsibility to help Oklaho- College at the Annual Meeting in the mans understand how our legal system works, fall and a Professionalism Seminar in to preserve our democratic system of justice and December. to promote public confidence in that system. As I take on the role of president of In 2014 the OBA will activate a broad public this 17,500-member organization, I education initiative to help meet this responsi- want to sincerely thank each and every bility. This will include establishment of a one of you for the honor of serving in statewide speaker’s bureau, composed of OBA this position. I look forward to working volunteer speakers, to ensure that our voices President DeMoss with each of you for the OBA in 2014. are heard on the importance of our third practices in Tulsa. branch of government. Judicial town halls will [email protected] 1. Tomorrow’s Lawyers, Richard Susskind, be conducted by your Board of Governors and Oxford University Press, 2013. 918-595-4800 others in courthouses across the state to educate and discuss with our friends and neighbors what

92 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014

OFFICERS & BOARD OF GOVERNORS Renée DeMoss, President, Tulsa David A. Poarch Jr., President-Elect, Norman events Calendar Susan S. Shields, Vice-President, Oklahoma City James T. Stuart, Immediate Past President, Shawnee JANUARY 2014 James A. Drummond, Norman Deirdre O’Neil Dexter, Sand Springs 20 OBA Closed – Martin Luther King, Jr. Day observed Robert D. Gifford II, Oklahoma City Kimberly Hays, Tulsa 21 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Douglas L. Jackson, Enid Center, Oklahoma City with teleconference; Contact Judge David Lewis John W. Kinslow, Lawton 405-556-9611 James R. Marshall, Shawnee Nancy S. Parrott, Oklahoma City OBA Government and Administrative Law Practice Section Kevin T. Sain, Idabel meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Bret A. Smith, Muskogee Richard D. Stevens, Norman Contact Scott Boughton 405-717-8957 Linda S. Thomas, Bartlesville 22 OBA Financial Institutions and Commercial Law Section meeting; Kaleb Hennigh, Enid Chairperson, OBA/Young Lawyers Division 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Eric Johnson 405-602-3812 BAR Center Staff John Morris Williams, Executive Director; 23 OBA Work/Life Balance Committee meeting; 12 p.m.; Oklahoma Bar Gina L. Hendryx, General Counsel; Jim Calloway, Director of Management Assistance Program; Center, Oklahoma City with teleconference; Contact Sarah Schumacher Craig D. Combs, Director of Administration; 405-752-5565 Susan Damron Krug, Director of Educational Programs; Beverly Petry Lewis, Administrator 24 Lawyers Helping Lawyers Assistance Program meeting; 12 p.m.; MCLE Commission; Carol A. Manning, Director Office of Hugh Hood, 400 S. Boston Ave., Ste. 1100W, Tulsa; Contact of Communications; Travis Pickens, Ethics Counsel; Hugh Hood 918-856-5373 Robbin Watson, Director of Information Technology; Jane McConnell, Coordinator Law-related Education; Oklahoma Bar Foundation Trustee orientation, meeting and Loraine Dillinder Farabow, Tommy Humphries, luncheon; 10:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Debbie Maddox, Katherine Ogden, Steve Sullins, Assistant General Counsels; Tommy Butler, Tanner Nancy Norsworthy 405-416-7070 Condley, Sharon Orth, William Thames and Krystal Willis, Investigators 25 Legislative Reading Day; 10 a.m.; Oklahoma Bar Center, Oklahoma City; Manni Arzola, Jarrod Houston Beckstrom, Contact John Morris Williams 405-416-7000 Debbie Brink, Emily Buchanan, Susan Carey, Nickie Day, Johnny Marie Floyd, Matt Gayle, 27 OBA Juvenile Law Section meeting; 4 p.m.; Oklahoma Bar Center, Dieadra Goss, Brandon Haynie, Suzi Hendrix, Oklahoma City; Contact Tsinena Thompson 405-232-4453 Misty Hill, Debra Jenkins, Durrel Lattimore, Heidi McComb, Renee Montgomery, Larry Quinn, 28 OBA Women in Law Committee meeting; 12 p.m.; Oklahoma Bar Lori Rasmussen, Wanda F. Reece, Tracy Sanders, Center, Oklahoma City with OSU Tulsa, Tulsa; Contact Allison Thompson Mark Schneidewent, Jan Thompson, Laura Willis 918-592-2800 & Roberta Yarbrough EDITORIAL BOARD 30 OBA Law Day contest judging; 4 p.m.; Oklahoma Bar Center, Oklahoma Editor in Chief, John Morris Williams; News & City; Contact Jennifer Prilliman 405-208-5174 Layout Editor, Carol A. Manning; Editor, Melissa DeLacerda, Stillwater; Associate Editors: 31 OBA Section Leaders Council meeting; 12 p.m.; Oklahoma Bar Center, Dietmar K. Caudle, Lawton; Emily Duensing, Oklahoma City; Contact Roy Tucker 918-684-6276 Tulsa; Erin Means, Moore; Mark Ramsey, Claremore; Judge Megan Simpson, Buffalo; For more events go to www.okbar.org/calendar Leslie Taylor, Ada; Judge Allen J. Welch, Oklahoma City; January Windrix, Poteau The Oklahoma Bar Association’s official website: www.okbar.org NOTICE of change of address (which must be in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. All rights reserved. Copyright© 20082014 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried P.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association 405-416-7000 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Toll Free 800-522-8065 FAX 405-416-7001 a month in january, February, March, April, May, August, Septem- Continuing Legal Education 405-416-7006 ber, October, November and December and bimonthly in June and Ethics Counsel 405-416-7055 July. byby thethe OOklahoma BBar AAssociation,, 19011901 N. Lincoln Boulevard, General Counsel 405-416-7007 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- Law-related Education 405-416-7005 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 $60$55 per year except for law students registered with the Oklahoma Bar Association, who may subscribe for $25. Active mem- Mandatory CLE 405-416-7009 ber subscriptions are included as a portion of annual dues. Any OBJ & Communications 405-416-7004 opinion expressed herein is that of the author and not necessar- Board of Bar Examiners 405-416-7075 ily that of the Oklahoma Bar Association, or the Oklahoma Bar Oklahoma Bar Foundation 405-416-7070 Journal Board of Editors.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 93 Renée with her siblings and parents celebrating July family birthdays.

Wedding in Maui

Renée on vacation in Estes Park, Colo. with her girlfriends, (from left) Shelley Bradley, Debbie Huggins, Renée, Elsie Draper and Patty Himes.

94 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Meet Your Bar Association Renée DeMoss Takes the Lead as OBA President By Emily Buchanan

enée DeMoss, this year’s incoming OBA president, knows the roads of Oklahoma well. Born in Enid, the youngest of Rfive children, Renée and her family moved often. While she was growing up, she lived in eight different towns and attended seven different schools across Oklahoma until her high school graduation in 1976.

She went on to attend “Plus, what do you do with Oklahoma City University, a history and political science majoring in music. She major? You go to law school,” changed majors to history she quips. and political science after a Aside from the ever-changing year, but can still be caught laws keeping her on her toes, one playing the flute from time thing Renée loves about being an to time. attorney is the natural integration “I learned very quickly of the profession with communi- how much music majors had ty service. to practice!” Renée chuckles. “As a lawyer, I’m never bored, THE PATH TO LAW it’s always interesting,” she says. SCHOOL “I’m always learning new things, After graduating summa having to keep up with new cum laude from OCU, a areas of law. And with bar orga- OBA 2014 President nizations, we provide great friend’s ambition to begin Renée DeMoss law school sparked Renée’s public service through the foun- own interest in the legal field. dation, and provide member benefits through the association, so I can com- “I thought, ‘Hey, I could do that!’” she says. bine being a lawyer with service activities.” “Law school just seemed fascinating. There were so many different areas to concentrate on, Renée inherited her service-oriented mentali- and I always loved reading. ty from her parents, who both graduated from high school in Enid and were high school sweethearts. Her father, a Methodist minister

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 95 Presidential Trivia Why did you choose the law school you attended? Good value and location What’s the name of your pet? Torry, the Border Collie, and Tigger Charles Edward, the Schnoodle (Schnauzer & Poodle mix)

Are you named for someone? Young Renée feeding deer at Beaver’s Bend State Park. No, but my great aunt named both my mother and me. and her mother, a talented artist, spent time working in What famous person would you community settings and on volunteer projects. like to hang out with? “My Dad always did things like consistently donate Julia Louis Dreyfus blood to the Red Cross,” Renée explains. “I still give blood to this day because of that.” She also volunteers with the My most ridiculous fear is - Animal Rescue Foundation and is an avid animal lover. I don’t like swimming in lakes with squishy muddy bottoms. She also inherited her voracious travel bug from her parents. She has been to 46 states across the U.S. with her What’s your typical Sunday husband Neal Sperry and has also traveled overseas, afternoon activity? including a brief stint living in France while in college. Swimming during the summer, “With my dad’s career as a minister and the moving that watching football in the fall involved, we never hesitated to just pack up the car and and winter. travel. I had been all over the Favorite news source? United States by the time I graduated from high school. Even NBC, Channel 2 in Tulsa - though they were from a small 10 blocks from my house. town, my parents didn’t let What was a pivotal moment in themselves be confined. They your life? liked to get out and see the High school graduation. world.” What about the legal profession Though the world seemed to inspires you? be at her fingertips, she didn’t have to travel far to find a career The fact that the ultimate goal she fell in love with. is to achieve justice. “Almost 30 years. Wow, that’s Most important qualities a lawyer really hard to believe!” she can have? reflects on her time spent at Trustworthiness and GableGotwals in Tulsa. What persistence started as a clerkship while enrolled at OU Law in 1982 has How do you most often listen to quickly turned into many years music? Renée and Neal, Christmas at the at the firm, where she now On Sirius radio in my car Rockefeller Center serves as shareholder. She in New York remembers the first case she

96 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 worked on during her clerkship — a project What’s one thing you wish you that evolved from the could change? Penn Square Bank failure of 1982. I’d like to shorten the driving distance between Tulsa and “Our firm repre- Oklahoma City. sented the FDIC in that complex event, My best one-word piece of advice and it generated a lot (for life in general) is of interesting work Read. very early on,” she says of her internship How do you keep cool under fire? at the firm. “I learned Make lists and prioritize. so much just on the Favorite season/why. issues and litigation resulting from that.” Fall — so full of anticipation and possibilities. Summer is Renée graduated over, new school year, leaves law school with hon- changing, new football season. ors in June 1984 and started at Gable Favorite food - immediately follow- Comfort food and recipes my ing. Her current areas mother made. And sweet/salty of practice include combo, like white chocolate ERISA, commercial covered pretzels and sea salt. litigation, insurance law and general busi- Renée on vacation at Long’s Peak, Best summer getaway - ness matters. Colo. Colorado Rocky mountains It was at GableGot- Your best trait - wals early in her Loyalty, generosity career that she met her long-time friend, mentor and travel partner, Elsie Draper, who has played a signifi- Biggest temptation - cant role and provided much inspiration in Renée’s Turning off the alarm in the life throughout the years. mornings. “Elsie is one of my favorite attorneys and was at Where did you work during Gable when I started,” Renée says. “She was a high school? woman litigator at a time when there weren’t many United Grocery Store, J.C. Penney, swimming pool. What is your favorite volunteer organization? ARF (Animal Rescue Founda- tion) and American Red Cross. Several in my family have O- blood, always giving blood; also the OBF. You won’t catch me without: A purse, God’s gift to womankind. It is important to me to make time for: Renée with Neal and her parents celebrating Christmas Travel

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 97 Renée with her extended family women doing that. She was a well respected, DEDICATION TO THE BAR top-notch lawyer who had incredible focus.” Not only does she have many years of expe- LIFE IN TULSA rienced lawyering under her belt, Renée has served in various capacities on OBA commit- The job in Tulsa led her to settle permanent- tees, organizations in her community and on ly in Green Country and, after 30 years, she is the Bar Foundation — all prepping her for proud to call it home. this year’s challenge of OBA president. “I wanted to try Tulsa, so “It’s been a sort of natural I stayed here, and I love it,” progression,” she says. “I Renée says. “It’s a beautiful served as president of the place to live. Our oil pio- Tulsa County Bar Associa- neers gave generously to our tion and Foundation, have city and provided Tulsa with been involved in several a wonderful foundation, OBA committees, and I ran with the Art Deco architec- for the OBA Board of Gov- ture, the parks, which are ernors after I served as gorgeous in the spring and president of the Oklahoma fall, world-class museums. Bar Foundation. Our downtown area is becoming revitalized, with “I love the bar, love what all kinds of new restaurants we do,” she continues. “We and other venues popping are dedicated to providing up, and great shows at the valuable services to our BOK Center and Performing members, making sure they Arts Center. It’s just a really have the information and wonderful place to live. skills they need to practice Three-year-old Renée (bottom right) competently and profes- “Tulsa also has a lot of with her siblings sionally, as well as provid- great outdoor spaces and ing information to the pub- activities, such as the Route lic, doing pro bono work. The Oklahoma bar 66 Marathon and the Tulsa Run,” she contin- provides so many important legal services to ues. She recently completed the Tulsa Run, so many people.” which is 9.6 miles. MOVING FORWARD She shares her mid-town Tulsa home with her beloved travel partner and husband of 17 Heading into her year as president, Renée years and her two dogs, Torry the Border Col- considered the value her family placed on lie and Tigger the rescue Schnoodle. education while growing up. As a result, her top focus in 2014 is an emphasis on legal edu-

98 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 As she stated during her Jan. 10 swearing-in as OBA President, Americans are quick to name three Kardashian sisters or the Three Stooges, but struggle to name three members of the U.S. Supreme Court. “This lack of knowledge and interest that the public has in our democracy, coupled with the periodic unhappiness that some have with individual court decisions, can be a danger to our system of justice in Oklahoma,” she says. Renée is already moving forward with this year’s public education initiative, first with the revamping of the CourtFacts website, www.CourtFacts.org, and also planning dates for the town hall meetings, the first being held at the Canadian County Court- house in El Reno on Feb. 27. Additional plans are in the works to present an appellate college at the Justice Center, a trial college at this year’s Annual Meeting and a December professionalism seminar. Renée is Renée and Neal on vacation in Kauai also pushing for the bar association to work with Oklahoma’s Promise program, which cation in all areas. With Oklahoma’s judicial provides funding for Oklahoma students who selection process under increasing scrutiny, would not otherwise be able to complete their she is pressing to educate the public on the higher educations. matter, as well as to provide basic information on the three branches of government. With her plan in place and with the dedicated attorneys of the bar association at her side, “Growing up, education was always Renée looks forward to what 2014 will bring. emphasized in my family, and the general goal of education in the law evolved through- Emily Buchanan is an OBA Communications out the past year,” she says. “It is important Specialist. that Oklahomans are educated on how our legal system works and how qualified judges are selected. We will be setting up an OBA speaker’s bureau, and meeting with the public Americans in courthouses across the state to discuss our system in town hall-type settings. are quick to name Additionally, we will highlight our Law-re- three Kardashian lated Education Committee’s focus on civics education for Oklahoma students, as well as sisters or the Three our Law Day programs.” she continues. “This Stooges, but struggle year’s Law Day theme is Democracy and You, and addresses how we must preserve our to name three democracy.” members of the U.S. Supreme Court.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 99 100 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Meet Your Bar Association Volunteers Who Guide Your Association

o Background: I was born in Medicine Park, where we hike, hang out with in Oklahoma City but friends or just relax. moved with my folks at an early age and grew up o Favorite news source? Several. Wall Street Jour- in a small town in the nal. New York Times. NPR in the car, PBS News San Francisco bay area. I Hour on TV and the Oklahoma News Report with returned to Oklahoma to our own, Dick Pryor, on the weekend. attend college after being discharged from the o What was a pivotal moment in your life? My Army in 1969. Been service in Vietnam as a medic at age 18, right here since! out of high school; shaped my perspective on life. David Poarch Jr. o Education: University of President-Elect Central Oklahoma, B.A. o What about the legal profession inspires you? Norman 1973; University of Okla- The seemingly endless number of lawyers, homa College of Law, young and old, who selflessly (and quietly) J.D. 1977 serve others without any expectation of grati- tude or remuneration in return; often when oth- o Why did you choose the law school you attend- ers are indifferent or even critical of their service. ed? They accepted me! Actually, reputation, cost and location. I was married, had a baby, full- o What are the most important qualities a lawyer time job with a pharmaceutical company and can have? Honesty and integrity, first and fore- home when I applied to several law schools, so most. Competence and compassion, not always all that weighed in my ultimate decision. in that order. Curiosity, empathy, and the ability and willingness to actually listen to others, not o What’s the name of your pet? Macy, our toy just hear ourselves talk. poodle, died several years ago. She’s been irreplaceable. o How do you most often listen to music? XM in the car, iPod in the house o Are you named for someone? I’m a junior, the oldest of three and named after my father. There o What’s one thing you wish you could change? are lots of men named David through the gener- The weather – if only! ations in my family, from my great-grandfather to my grandson. o My best one-word piece of advice is… ATTITUDE! o What famous person would you like to hang out with? Historically, Nelson Mandela; currently, o How do you keep cool under fire? Stay focused Warren Buffet, Jeff Bezos or President Bush 41 and press on. I just challenge myself to keep (George H.W.) things in perspective; step back, consider the bigger picture, and not get overly invested in the o My most ridiculous fear is… Well, I’m not a big moment. Remind myself not to take it personally. spelunker, if that tells you anything!

o What’s your typical Sunday afternoon activity? Often, it’s returning to Norman from our cabin

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 101 o Background: I was o What are the most important qualities a born in Bartlesville lawyer can have? Honesty, attention to detail and was part of the and determination to arrive at the “right” last graduating class of solution combined with a willingness to do Sooner High School. I the work to get there. went to college and law school in Califor- o How do you most often listen to music? iPod nia, and practiced law in San Francisco for o What’s one thing you wish you could change? several years before Airport security moving back to Okla- homa City in 1991. o My best one-word piece of advice is… Breathe. Susan S. Shields During college, I played alto sax in the Vice-President o Stanford band and was How do you keep cool under fire? Exercise Oklahoma City on the field during always helps, sometimes chocolate does, too. “the play” (young people will have to look it o Background: Born and up). I am a shareholder at McAfee & Taft in raised in Shawnee; Oklahoma City, where I primarily practice partner in the 109- wealth transfer planning, trusts and estates, year-old law firm of business succession planning and nonprofit Stuart & Clover. law. I have two sons, Sam (17) and Ethan (15). o Education: Shawnee o Education: B.A. with honors from Stanford Public Schools, Univer- University, J.D. from UCLA School of Law sity of Central Oklaho- ma and University of o Why did you choose the law school you Tulsa College of Law. attended? It was a top law school — and near the beach as a bonus! Jim Stuart o Why did you choose Past President the law school you o What are the names of your pets? Grace, Gor- Shawnee attended? Provided don and Jazz – two Australian shepherds and quality education with a black lab emphasis on my areas of interest. o Are you named for someone? My middle name o is a family name. What’s the name of your pet? Bella, our Chihuahua o What famous person would you like to hang o out with? John F. Kennedy Are you named for someone? Yes, my maternal grandfather and my paternal great-grandfather o My most ridiculous fear is… Spiders o What famous person would you like to hang out with? Abraham Lincoln o What’s your typical Sunday afternoon activity? Doing something outside — usually with o some work, cooking and laundry thrown in My most ridiculous fear is… Heights o o Favorite news source? NPR, New York Times What’s your typical Sunday afternoon activi- and Wall Street Journal ty? Watching television sports and examining abstracts of title o What was a pivotal moment in your life? o Nothing will ever surpass the births of my two Favorite news source? Newspapers and CNN wonderful sons, Sam and Ethan. o What was a pivotal moment in your life? o What about the legal profession inspires you? Marrying my wife, Kathy The privilege of assisting clients with solving problems and helping them make critical deci- o What about the legal profession inspires you? sions impacting their families and businesses Helping people improve their lives

102 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 o What are the most important qualities a o What was a pivotal moment in your life? lawyer can have? Honesty and hard work Birth of my children o How do you most often listen to music? o What are the most important qualities a law- Car radio — SiriusXM yer can have? Integrity o What’s one thing you wish you could change? o How do you most often listen to music? Radio My mistakes o What’s one thing you wish you could change? o My best one-word piece of advice is… Would like to be a couple of inches taller. Persevere o My best one-word piece of advice is… Give o How do you keep cool under fire? Think of my family. o Background: Born in the city of Newport o Background: Born in Beach, Calif.; raised on San Antonio, Texas; a small farm in Good- raised in Stillwater and water, Okla. Tulsa, lived in Arkan- sas as a teenager and o Education: Graduated young adult; moved to from Oklahoma City Bartlesville in 1990; University School of taught public school Law in 1998. from 1977 until 1997 when I began practic- o Why did you choose ing law full time. Mar- the law school you ried to Curt Thomas; Kevin Sain Governor - attended? First school Linda Thomas children: Brad Daniel that accepted me. Governor - and his wife, Christy District No. Two Idabel District No. One from Charlotte, NC; o What are the names of Bartlesville Allison Zelinski and your pets? I had a cat her husband, AJ, and named Tiger and dog my grandchildren, named Junior that I apparently called Ginger Adam (6) and Abby (4) as a child. from Austin, Texas; Amy Atkins and her husband, Matt also from Austin. o Are you named for someone? I have the same middle name as my father. o Education: B.A. in speech pathology, B.A. in elementary education; J.D. from University of o Tulsa College of Law, 1994 What famous person would you like to hang out with? Larry Bird o Why did you choose the law school you o attended? It was within driving distance of the My most ridiculous fear is… Dirty door knobs community in which my family lives and I worked. o What’s your typical Sunday afternoon activity? Checking game cameras at the ranch o What’s the name of your pet? I do not have a pet. o Favorite news source? CNN o Are you named for someone? My mother o What was a pivotal moment in your life? The birth of my two boys. o What famous person would you like to hang out with? Condoleezza Rice o What about the legal profession inspires you? The ability to help those who can’t afford to o My most ridiculous fear is… Claustrophobia hire an attorney o o What’s your typical Sunday afternoon activi- What are the most important qualities a ty? Relax some and cook for the week lawyer can have? Compassion and integrity o o Favorite news source? Cable news How do you most often listen to music? iPod

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 103 o What’s one thing you wish you could change? o Are you named for someone? I am named after I wish Idabel was closer to Oklahoma City. my grandfather, Robert Donald Gifford.

o My best one-word piece of advice is… Patience o What famous person would you like to hang out with? Depends if the famous person is o How do you keep cool under fire? I try to currently “alive” or deceased. If deceased, I imagine it being over quickly. would like to hang out with Elvis. If alive? I would say Elvis again (just in case the tabloids o Background: Born and were right). raised in Mannford (Creek County); began o My most ridiculous fear is… Reptiles or my legal career as an spiders Army JAG living in Fort Knox, Ken., Bos- o What’s your typical Sunday afternoon activi- nia and Fort Sill. Left ty? Depends on the time of year in which I active duty to become may go for a nice run on a trail, but above all an assistant district any time with my three daughters is perfect. attorney in Tulsa and remained an Army o Favorite news source? I am a news junkie, so I Reserve JAG as the get it from everywhere (newspapers, radio, TV, first military defense online/social media and other samizdat). My Robert D. counsel assigned in favorite is The Daily Show with Jon Stewart to Gifford Oklahoma. I joined the keep it light. Governor - U.S. Attorney’s Office District No. Three in Reno, Nev., and o What was a pivotal moment in your life? Oklahoma City eventually came Becoming a father and being one every day “home” to the U.S. Attorney’s Office in o What about the legal profession inspires you? Oklahoma City. As a reservist, I’ve been a It is without limits, and there are so many in defense counsel, an instructor at the Army JAG our profession who do so much for so many School and currently serve as the staff judge advocate to the historic 95th Division (Iron o Men of the Metz) at Fort Sill and hold the rank What are the most important qualities a of lieutenant colonel. Tribal member of the lawyer can have? Integrity, character, a sense Cherokee Nation and serve as the chief judge of humor and honor for the Kaw Nation tribal court and am a justice on the Iowa Nation Supreme Court, as o How do you most often listen to music? well as serving as an adjunct law professor at With my ears the law schools at OU, OCU and Arkansas. Gloria and I have three amazing daughters, o What’s one thing you wish you could change? Gabriela (15), Olivia (12) and Juliana (7). If I could change any one thing, I would change the number of things I could change to o Education: J.D., University of Oklahoma Col- more than just one. After that, I have a laundry lege of Law; B.A. (x 3), Southwestern College list of things. in Winfield, Kan., and Mannford High School. Currently pursuing a master’s in strategic o My best one-word piece of advice is… Smile. studies through the U.S. Army War College at Carlisle Barracks, Penn. o How do you keep cool under fire? Remember to never let them see you sweat, that revenge o Why did you choose the law school you is best served cold, and above all, forgiveness attended? The real question some may ask is is most noble. why did any law school choose me?

o What are the names of your pets? The chocolate lab is Norman (because we found him in Norman); the cat is Tahoe (found not far from Lake Tahoe) and the springer spaniel is Louie (calling him “Animal Shelter” didn’t flow well, and my other name for him upset the kids).

104 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 o Background: Grew up o How do you most often listen to music? I am on a wheat, cotton, on the road quite a bit, and I listen to ‘50s and alfalfa and cattle farm ‘60s music on Sirius radio. south of Hobart and graduated from Hobart o What’s one thing you wish you could change? High School in 1969 Coach Sutton substituting Weatherspoon for Lucas in the closing moments of OSU’s game o Education: B.S. in ag with Georgia Tech in the Final Four econ from OSU in 1973 and J.D. from Washing- o My best one-word piece of advice is… Listen ton College of Law (American University) o How do you keep cool under fire? Be prepared Douglas L. in Washington, D.C. in Jackson 1977 o Background: I grew up Governor - in Madill. My dad was District No. Four o Why did you choose a cattle rancher who Enid the law school you served as a cavalry attended? I started at officer in WWI and the University of Okla- again as a troop trans- homa, but when I had port commander in the opportunity to work for Sen. Henry Bell- WWII. I worked on the mon in Washington, D.C., I transferred to the ranch and in a sale Washington College of Law, American barn when I was University young. My other dad was a journalist and o What are the names of your pets? Our dog is a WWII officer in the collie named Owen, and our cat is Charlie. Jim Drummond Pacific Theater. My Governor - mother was a newspa- o Are you named for someone? I was named for District No. Five per editor early on, one of my dad’s high school friends, Doug Norman and my other mother Hutchins. had a degree in psychology from OSU. o What famous person would you like to hang My wife, Deborah, has a degree in psychology out with? Winston Churchill from OU. I have done my best to keep up with them all, though of course that goal is an o My most ridiculous fear is… My sons having asymptote. long hair or my daughters having pierced ears o Education: Bachelor’s in English at Wesleyan o What’s your typical Sunday afternoon U. (Conn.), M.A. in creative writing at CCNY, activity? In the spring and summer I work in J.D. from OU my garden and yard; in the fall I watch pro football. o Why did you choose the law school you attended? It was cheaper by far than NYU, o Favorite news source? Bloomberg even with a half scholarship, but mainly it was home, which I somehow longed for while in o What was a pivotal moment in your life? I the Army. have two pivotal moments — 1) deciding to attend Oklahoma State University and o What are the names of your pets? Dogs are 2) marrying my wife, Beth Gabby, Sophie and Sasha; cat is Samson o What about the legal profession inspires you? o Are you named for someone? Named after both Helping people work through problems fathers, James M. Combs and Alfred Alexander Drummond. Yes, I have two sets of parents. o What are the most important qualities a lawyer can have? The ability to listen, develop o What famous person would you like to hang a game plan to meet your clients’ needs and out with? Terry Pratchett, British novelist having a strong work ethic o My most ridiculous fear is… Nothing, because no fear is ridiculous, but I hate moths and love spiders.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 105 o What’s your typical Sunday afternoon activi- o Why did you choose the law school you ty? Anything with Deborah attended? The University of Kansas law school offered a top-notch education and a great bas- o Favorite news source? National Public Radio ketball team to watch during study breaks. (Rock Chalk Jayhawk!) A bonus was that my o What was a pivotal moment in your life? future husband, Alan Souter, was also attend- When I decided to return to law school, after ing KU. leaving as a 3L to go to CCNY for creative writing. Kudos to my cattle rancher dad for o What’s the name of your pet? Lexi, a golden never pressuring me even though he was mor- retriever (aka the “Golden Goat” because she tified when I said I hated law and would never will eat almost anything) go back despite my relative success there. o Are you named for someone? No o What about the legal profession inspires you? The incredible generosity and compassion of o What famous person would you like to hang lawyers out with? Kenny Chesney or Walt Disney o What are the most important qualities a o My most ridiculous fear is… Sharks (I should lawyer can have? Perseverance and absolute have never watched the movie Jaws as a ethical integrity child.) o How do you most often listen to music? o What’s your typical Sunday afternoon activi- iTunes and car CDs ty? Family time, run a few miles and get everyone ready for the week ahead o What’s one thing you wish you could change? The attack on habeas corpus by the Anti-Ter- o Favorite news source? TV local 10 p.m. news- rorism and Effective Death Penalty Act of 1996 cast and Sunday morning paper o My best one-word piece of advice is… o What was a pivotal moment in your life? Meditate Meeting my future husband, Alan Souter, in Eskimo Joe’s in Stillwater in 1989 o How do you keep cool under fire? Breathe and defer my reaction till I am calmer o What about the legal profession inspires you? The challenge of learning the always-changing o Background: Born in laws and the opportunity to guide a client Tulsa; graduated from through a difficult transition in life Tulsa Memorial High School, Class of 1986; o What are the most important qualities a attended OSU and met lawyer can have? Organization, ethical, civility my husband, Alan and courteous — a sense of humor is also Souter, in Eskimo Joe’s, helpful. and we married in 1993. We have two chil- o How do you most often listen to music? XM dren — Noelle, age 15 radio to and from the office or while driving and Parker, age 11; with the kids and iPod when running began practicing law in Kim Hays 1993 with my father, o What’s one thing you wish you could change? Governor - James R. Hays, in Tulsa; I wish I had a better “math brain.” District No. Six and after his death in Tulsa 1994, I joined a firm for o My best one-word piece of advice is… Laugh. a short time and then opened my solo practice in Tulsa in 1998. My o legal assistant/friend, Stephanie Pierce, has How do you keep cool under fire? Smile and been with me since 1996. I practice exclusively say nothing for at least 10 seconds. in the area of family law. o Education: B.A. Oklahoma State University, 1990; J.D., University of Kansas School of Law, 1993

106 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 o Background: Born in o Background: Born in Kingfisher on Jan. 6, Germany to a military 1964; an Okie from family. Father from Muskogee since 1968; Monroe, Okla. and honorably discharged mother from Czecho- from the Oklahoma slovakia; raised in Army National Guard three countries and in 1987; was a partner several states with Bill Haworth and Mike Finerty — o Education: Graduated Haworth, Finerty & Baumholder American Smith; now president High School, Baum- Bret Smith of Bret A. Smith, Attor- holder, Germany; B.A. Governor - ney at Law, P.C. Jim Marshall from OU, M.A. in District No. Seven Governor - international relations Muskogee o Education: Graduated District No. Eight from Creighton Uni- OU, B.A. political sci- Shawnee versity, Nebraska; J.D. ence in 1986; graduat- from OU ed TU law school 1990. o Why did you choose the law school you o Why did you choose the law school you attended? I was in the U.S. Air Force stationed attended? It was close to home and had a good in another state when selected to attend law reputation. school; decided to attend law school in my “home state.” o What are the names of your pets? Ginger, Magnum and Sandy o What’s the name of your pet? Our most recent addition is a dog, Boomer. o Are you named for someone? No o Are you named for someone? Yes o What famous person would you like to hang out with? Bill Clinton o What famous person would you like to hang out with? Click and Clack, NPR’s “Car Talk” o My most ridiculous fear is… Being suffocated radio show hosts o What’s your typical Sunday afternoon activi- o My most ridiculous fear is… Not being able to ty? Checking cows and drinking beer. find any more vanilla Tootsie Rolls o Favorite news source? CNN o What’s your typical Sunday afternoon activity? Pickup truck, chain saw and/or brush hog o What was a pivotal moment in your life? Birth of my oldest child o Favorite news source? Wall Street Journal o What about the legal profession inspires you? o What about the legal profession inspires you? The ability to help people The opportunity to “do good” for my clients o What are the most important qualities a o What are the most important qualities a lawyer can have? Ethics and honesty lawyer can have? Their word is their bond. o How do you most often listen to music? o How do you most often listen to music? XM radio I miss my eight-track. o What’s one thing you wish you could change? o My best one-word piece of advice is… Trust My age o How do you keep cool under fire? Keep all o My best one-word piece of advice is… things in perspective. Honesty o How do you keep cool under fire? Bite my lip and clinch my fist (LOL)

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 107 o Background: I was o What’s one thing you wish you could change? born in Okemah and That everyone could learn that reasonable peo- lived with my maternal ple can and do disagree on most issues (which grandmother and I have to remind myself about from time to younger sister in a time) one-woman telephone exchange in Cromwell o My best one-word piece of advice is… Relax until I was 5, when we moved to Wewoka to How do you keep cool under fire? I’m not sure I join my mother. The keep cool under fire, but when in difficult situa- four of us lived in tions, I try to focus on what is really important. Shawnee during my John Kinslow junior and senior high o Background: I was Governor - school years. I can’t born at Altus AFB and District No. Nine imagine a better place raised mostly in Lawton and time to be a teen- Sulphur. ager than Shawnee in the ’50s. o Education: B.A. Uni- versity of Oklahoma, o Education: B.A., Oklahoma Baptist University, 1978; J.D. University of 1963; J.D., University of Oklahoma, 1965 Oklahoma, 1982 o Why did you choose the law school you o Why did you choose attended? I wanted to practice law in Oklaho- the law school you ma and decided OU would be the best choice Richard D. attended? It was the and the least expensive of the three state law Stevens only one that I could schools. Governor - afford! At Large o What’s the name of your pet? We don’t have a Norman o What are the names of pet at this time. your pets? My dog is Winston Churchill; o Are you named for someone? I was named in Peggy’s cat is Izze. part for my maternal grandfather, whose first name was Wesley; my mother decided to give o Are you named for someone? No. me John as my first name. o What famous person would you like to hang o What famous person would you like to hang out with? Theodore Roosevelt, because the out with? President Barack Obama man knew how to live a life o My most ridiculous fear is… Public speaking o My most ridiculous fear is… We no longer get HBO o What’s your typical Sunday afternoon activity? Taking it easy o What’s your typical Sunday afternoon activity? Drinking coffee and recycling with my dog o Favorite news source? New York Times o Favorite news source? The Daily Show o What was a pivotal moment in your life? When Carolyn agreed to marry me o What was a pivotal moment in your life? When I chose between being an actor or a o What about the legal profession inspires you? lawyer. The fact that we help people o What about the legal profession inspires you? o What are the most important qualities a The Rule of Law lawyer can have? An open, inquiring mind, compassion for others and good work ethics o What are the most important qualities a lawyer can have? Integrity o How do you most often listen to music? XM radio

108 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 o How do you most often listen to music? o How do you most often listen to music? On Car radio my iPhone but prefer my precious collection of CDs o What’s one thing you wish you could change? I would have been born rich instead of so good o What’s one thing you wish you could change? looking. My age, so I could do it all again. o My best one-word piece of advice is… Chill o My best one-word piece of advice is… Love o How do you keep cool under fire? Sometimes, o How do you keep cool under fire? I try to I don’t think, plan ahead, work hard and avoid fires! o Background: Born and raised in Atoka; Atoka o Background: Born and High School Wampus raised in Stillwater; Cat. Taught high moved to Enid in 1977 school English before after Terry and I mar- going to OCU law ried; moved to Nor- school at night and man in 1981 to start running commercial law school and moved interior decorating to Tulsa in 1984 and to business. Was in pri- Sand Springs in 1985 – vate law practice, then I love Oklahoma! I’ve marshal of the Oklaho- worked in private ma Supreme Court practice, as a trial Nancy Parrott for 25 years. Two judge and as city attor- Governor - grown daughters, six Deirdre O’Neil ney for the city of At large grandsons and one Tulsa. I’ve been mar- Oklahoma City Dexter granddaughter Governor - ried to my husband, At large Terry, since 1977; we have two sons, a beau- o Education: B.A. in English, speech and French Tulsa from OU; M.A. in family counseling from tiful daughter-in-law North Texas University, J.D. from OCU and granddaughter — and another grandbaby on the way! o Why did you choose the law school you attended? I chose OCU because I was a single o Education: OSU for three years and then grad- mom working full time and needed night uated cum laude from Phillips University in school. 1981; J.D. from OU with highest honors in 1984 o What famous person would you like to hang o Why did you choose the law school you out with? If Jesus is not an option, I’d pick attended? Terry and I were trying to start our Burns Hargis and Mike Turpen — smart, family when I decided to apply to law school funny, mentally stimulating men of integrity. so we made the decision to stay in Oklahoma to be near both sets of grandparents. I found o My most ridiculous fear is… An elevator door out I was accepted to OU and TU the same that will not open week I found out I was pregnant with our oldest son. OU had the best tuition rate for o What’s your typical Sunday afternoon activi- our young family. ty? Sunday afternoon is for family, doing almost anything or nothing. o What’s the name of your pet? Bailey is our 15-year-old border collie, Sorcha is our 3-year- o Favorite news source? Early morning newspa- old border collie and Shylah is our younger per with coffee son’s 8-year-old border collie mix (aka Bailey’s boo-boo) who is currently staying with us. o What about the legal profession inspires you? o The lawyers in the legal profession inspire me; Are you named for someone? Yes, Deirdre of best folks I know. the Sorrows, a Celtic legend of whom there are a variety of books and plays written. o What are the most important qualities a lawyer can have? Honesty

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 109 o What famous person would you like to hang professional, it helps me maintain my compo- out with? Living: Sean Connery (a crush sure and focus. from my youth); deceased: Rev. Martin Luther King Jr. o Background: I was born and raised in o My most ridiculous fear is… Grasshoppers. northwest Oklahoma, Although it’s not so much fear as just hating graduating from the fact you never know where they might Laverne High School jump — women in skirts and men in kilts in 1996 with strong understand what I mean. So maybe it isn’t rural and agricultural really ridiculous. roots and interests. My wife, Jennifer, and I returned to Enid in o What’s your typical Sunday afternoon activi- 2007 following the ty? Hanging out at the lake or, if Addie is with birth of our first son, us, playing with her in her fort, coloring, read- where I have been ing books or any other activity in which she Kaleb Hennigh practicing ever since. wants to engage. I also can be found doing Governor - My wife and I have laundry, ironing and getting ready for the YLD Chair two sons, Karsen (6) week ahead. Enid and Jase (4). o Favorite news source? Tulsa World – I read it o Education: B.S. online nearly every morning. Agricultural Com- munications, Oklahoma State University, 2000; o What was a pivotal moment in your life? J.D. University of Oklahoma College of Law, When I started work as a legal secretary in 2003; L.L.M. University of Arkansas College Enid. That was what convinced me that the of law, 2005. law was something about which I could be passionate and enjoy doing, in one form or o Why did you choose the law school you another, for the rest of my life. attended? I wanted to obtain my J.D. within the state of Oklahoma, and albeit my love for o What about the legal profession inspires you? my Oklahoma State Cowboys I headed south Being a lawyer gives me the opportunity to to Norman with several other OSU alumni and help others and the community – I love work- friends. ing to make a difference. The vast majority of lawyers are wonderful people, and it’s an o What’s the name of your pet? My wife has a honor to be part of the legal profession. yorkie named Bentley; I’ll only claim the hunting dog though, named Rambo. o What are the most important qualities a lawyer can have? To be respectful to others, even o Are you named for someone? My father named if they don’t deserve it; a good sense of humor; me after an outlaw in an old Western movie he a strong work ethic; a willingness to look at all loved (I don’t recall the name of the movie). sides of an issue. o What famous person would you like to hang o How do you most often listen to music? out with? Will Rogers Sirius-XM in my car o My most ridiculous fear is… I don’t believe I o What’s one thing you wish you could change? slow down long enough to have one. The all-too-prevalent “scorched earth” attitude that it’s better to win at all costs than consider o What’s your typical Sunday afternoon activi- the long-term ramifications, which may mean ty? Finding ways to enjoy time with my sons, that a compromise is the better approach. trying to harness all the energy that God blessed these ornery boys with!! o My best one-word piece of advice is… Faith — o Favorite news source? Local community and it has so many different applications in so state newspapers many different situations. o What was a pivotal moment in your life? The o How do you keep cool under fire? I do my summer following my sophomore year at utmost to remain professional and try to stay OSU, when making the decision to serve as an composed. If I can concentrate on remaining

110 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 intern with the Oklahoma Department of Agri- o How do you most often listen to music? Radio culture. It was during this internship that my interest in policy and law was born and ulti- o What’s one thing you wish you could change? mately led me to attend law school. Although I Where to begin… was headed to law school to gain insight and requisite knowledge to assist me in pursuing o My best one-word piece of advice is… Always my “dream job” as a state/federal lobbyist maintain a positive attitude (not to practice law), things changed I guess. o How do you keep cool under fire? Focusing o What about the legal profession inspires you? on the big picture regardless of any small Quality and commitment of the individuals problems or controversies immediately involved in the practice of law facing me o What are the most important qualities a lawyer can have? Civility

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 111 Meet Your Bar Association OBA Departments and the Member Services They Provide olunteer leaders may be the chief engineers who keep any professional association on track, but it is the staff who Vprovides the power to move forward. Member services are an essential part of the Oklahoma Bar Association. Learn more about what each department offers members, and put a name with a face in photos of the employees who work for you — bar association members. Executive Director OBA Bylaws, Article IV, Section 4: (a). The Executive Director shall keep the roster of the members of the Association and of the House of Delegates entitled to vote therein. He or she shall record and be the custodian of the minutes, journal and records of the Associa- tion and of the House of Delegates and of the Board of Governors. (b). The Executive Director shall act as Trea- surer, and be the custodian of the funds of the Association. No funds shall be withdrawn Executive Director John Morris Williams and except in the manner approved by the Board Executive Assistant Debbie Brink of Governors. (1) The expenditures of the Association shall as the House of Delegates, the Board of be in accordance with the provisions of the Governors or the President of the Association Rules Creating and Controlling the Oklahoma may direct. Bar Association as promulgated by the Oklaho- Rules Creating and Controlling the OBA, ma Supreme Court. Article VI, Section 4: (2) The Executive Director shall maintain at all The Executive Director shall perform such times a fidelity bond executed by a surety com- duties and services as may be required by these pany as surety, the amount thereof and the sure- Rules or the Bylaws and as may be directed by ty to be approved by the Board of Governors. the Board of Governors or the President of the (c). He shall supervise the office of the Asso- Association. He shall also keep a complete and ciation and its personnel and shall see that the accurate list of the members of the Association; work of the Association is properly performed. notify delinquent members and certify the He or she shall also perform such other duties names of delinquent members to the Supreme

112 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Court as required by these Rules; certify to the o invoicing senior members and non-members Supreme Court records and other matters as for Oklahoma Bar Journal subscriptions provided by these rules. Phone: 405-416-7014 o managing the Legal Intern Program o producing certificates of good standing for our members

o processing expense claims for OBA officers, YLD officers, and section and committee members Phone: 405-416-7000 Membership: 405-416-7080

Communications The Communications Department has ADMINISTRATION – Durrel “Doc” Lattimore, responsibility for the OBA’s Wanda F. Reece, Director Craig Combs, Tracy Sanders, member communications and Suzi Hendrix and Roberta Yarbrough external public relations efforts. Areas of major emphasis are: o publishing 34 issues of the Oklahoma Bar Administration Journal every year The responsibilities of the Administration Department are multi-faceted, but its pri- o managing social media such as the OBA’s mary emphasis is handling finances, human official Facebook page and Twitter account resources, Annual Meeting planning, bar cen- o contributing stories and information for the ter operations and maintaining official mem- OBA website to keep members current bership information. Specific duties include: o assisting the Law Day Committee in o scheduling bar center meeting rooms accomplishing extensive Law Day statewide activities and community service projects o coordinating and scheduling meetings that generate significant positive public utilizing video conference equipment in recognition for the legal profession Oklahoma City and Tulsa o assisting committees and sections with mailings to their members o providing mailing labels of bar members to committees and sections o tracking expenditures for all committees and sections o providing monthly committee and section accounting reports upon request o ensuring the bar center interior and exterior facilities are maintained so members can take pride in their COMMUNICATIONS – Jarrod Beckstrom, Director building Carol Manning, Emily Buchanan, Assistant Director Lori Rasmussen o maintaining and updating member roster information o publishing the OBA Annual Meeting program and House of Delegates book and

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 113 promoting award winners, the meeting itself statewide Ask A Lawyer community service and election results project in which volunteer attorneys give o developing and implementing a free legal advice to people who call in, communications strategy untilizing the implement marketing strategies to promote medium of videography to inform bar the Ask A Lawyer free legal advice and members and the public produce a one-hour, interview-style TV program, in cooperation with OETA (the More specific duties that benefit members state’s PBS affiliate) that shows how lawyers are: work to improve the lives of all Oklahomans o editing information submitted by and about The department also assists the Awards bar members for the FYI and Bench & Bar Committee, Disaster Response and Relief Briefs section of the bar journal Committee, Lawyers Helping Lawyers o publishing the monthly E-News for OBA Assistance Program Committee and members with e-mail addresses Young Lawyers Division. o expediting information requests from the Phone: 405-416-7004 news media o issuing news releases about association events o assisting OBA committees, sections and divisions in publicizing their projects to both members and the media o working with sections to publish short law articles related to the section’s focus o assisting sections and committees with placing and designing free ads in the bar journal to promote their activities to other members CLE – Director Susan Damron Krug, Renee The department serves as a Montgomery, Mark Schneidewent, Assistant Director liaison for one board and several com- Heidi McComb and Susan Carey mittees and assists in accomplishing their goals. Responsibilities include: o working with the 10-member Board of Continuing Legal Education Editors that reviews articles submitted and plans for future theme-related Oklahoma Bar OBA/CLE is the state’s leading CLE provid- Journal issues; once articles are approved for er. The staff works hard to provide innovative, publication, the staff has charge of editing, timely and entertaining programs to meet proofreading and layout all our members’ needs. Call Director of Educational Programs Susan Damron Krug o assisting the Communications Committee in at 405-416-7028 with your program ideas. its projects including overseeing the publication of 16 brochures on such topics as Department services include: divorce, landlord/tenant rights and estate planning. Brochures are distributed free as a o developing and producing hundreds of community service to individuals, libraries, quality live seminars and webcasts nonprofit organizations, etc.; and staff o offering video replays of the live seminars handles the continuous demand for those materials to be mailed across the state o developing and producing on-demand and audio seminars, including webcast encores o working with the Law Day Committee to o offering recent seminar publications in hard conduct statewide contests for Oklahoma copy or electronic format students, provide county Law Day chairpersons with both event and promotion o developing and producing CLE at the OBA ideas for county celebrations, coordinate the Annual Meeting

114 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 o coordinating with the Management Assistance Program to plan and facilitate the annual Solo and Small Firm Conference o assisting the Women in Law, Diversity and Professionalism committees with conferences o working with OBA officers to plan leadership training for OBA members o coordinating with various OBA sections in the planning of OBA/CLE section cosponsored CLE seminars o securing local and nationally recognized experts to present continuing legal education programming in Oklahoma o creating electronic forms to assist members in various areas of law practice o providing online OBA/CLE registration o timely application of attendance credit to ETHICS COUNSEL – Ethics Counsel enable members to have an up-to-date Travis Pickens view of accumulated OBA/CLE credit on my.okbar.org o preparing and presenting CLE programs on the topics of ethics and professionalism Phone: 405-416-7029 Email: [email protected] o acting as a liaison to the Bench and Bar, Professionalism and Lawyers Helping Ethics Counsel Lawyers committees and the Legal Ethics Advisory Panel The Office of Ethics Counsel is a member- o ship service available only to OBA members. monitoring the OBA diversion program and It was created to assist members with conflict teaching related classes dilemmas, confidentiality questions, communication concerns and other ethical inquiries Phone: 405-416-7055 unique to the profession. The Office of Ethics Email: [email protected] Counsel is autonomous from and independent of the Office of the General Counsel. Members seeking assistance with ethical questions are afforded an “attorney/client” relationship with the full expectation of confidentiality. Through the Office of Ethics Counsel, Oklaho- ma Bar Association members can obtain infor- mal guidance and advisory interpretations of the rules of professional conduct. The office is staffed by Ethics Counsel Travis Pickens and his assistant, Nickie Day. Responsibilities of the Ethics Counsel include: o answering ethics questions from members of the Oklahoma Bar Association o researching and writing ethics materials for the OBA website, CLE publications, seminars and the Oklahoma Bar Journal

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 115 GENERAL COUNSEL – (Seated) Debbie Maddox, INVESTIGATORS — (Front row) General Counsel Gina Hendryx, Loraine Dillinder Tommy Butler, Bill Thames, Sharon Orth; Farabow; (back row) Tommy Humphries, Steve (back row) Tanner Condley and Krystal Willis Sullins and Katherine Ogden

General Counsel o processes and approves the registration for attorneys from other jurisdictions The Office of the General Counsel is charged with the responsibility of: o administers the trust account overdraft notification program o reviewing and investigating allegations of lawyer misconduct or incapacity Phone: 405-416-7007 o reviewing and investigating allegations of the unauthorized practice of law Information Technology o prosecuting violations of the Oklahoma Rules of Professional Conduct The Information Technology Department is responsible for desktop computer support to o administering the Clients’ Security Fund staff, network management of internal servers In addition to these enumerated duties, the and externally accessible servers, Web applica- Office of the General Counsel: tion development and maintenance, mailing list management, development of association o serves as liaison to the OBA Board of management system and database, network Governors advising the governing group on security, audio/visual support to staff, moni- legal matters toring of evolving technologies and assistance to all departments to utilize technology in their departments. The Information Technolo- gy Department’s functions are mostly of an internal nature; however, services directly benefiting members are: o providing a mailing list for each committee and section through the list servers to communicate with members easily and in a cost effective manner

o maintaining a committee chairperson list and a section chairperson list serve to allow communication between the association and the chairs, as well as between the chairs themselves o providing a website to include a members- only section where members can update SUPPORT STAFF — Dieadra Goss, Misty Hill, Laura Willis and (seated) Manni Arzola

116 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 tory citizenship through digital media. LRE is under the direction of Jane McConnell, Law-related Education coordinator and Debra Jenkins, administrative assistant. Information about specific LRE programs and resources is available on the OBA website at www.okbar.org/public/lre. Phone: 405-416-7024 Email: [email protected]

INFORMATION TECHNOLOGY – (Front row) Director Robbin Watson, Brandon Haynie; (back row) Larry Quinn, Matt Gayle

roster information, pay dues, register for CLE, review MCLE credits, etc. o promoting the association’s online presence through the OBA website and various social media outlets o providing free sign-up for the www.okbar.org/findalawyer.com lawyer referral service Phone: 405-416-7045 Email: [email protected] Law-related Education LRE — Coordinator Jane McConnell and Debra Jenkins The Law-related Education (LRE) Depart- ment of the Oklahoma Bar Association was established in 1989 to further the OBA’s goals Management Assistance Program of increasing public service and enhancing public understanding of the law and the legal The OBA Management Assistance Program system. To that end, LRE, now in its 25th year, focuses on helping Oklahoma lawyers run endeavors to educate citizens in a constitu- their law offices. From “basic training” for the tional democracy and to create an active, new lawyer to providing management and responsible citizenry. technology advice for the seasoned professional, the department has a wide array of LRE conducts programs independently and information to assist every lawyer in every in partnership with nonprofits, civic organiza- practice setting. tions and educational groups. Programs include professional development for teachers o Free Telephone Hotline — The OBA-MAP and others in the civic community via institu- staff attempts to answer brief questions tions and workshops. Classroom materials are about management and technology issues. created and distributed for programs adminis- Our number is 405-416-7008. The toll-free tered by LRE at no cost to educators. number is 800-522-8065. Advice provided is confidential. LRE aims to join the education and law communities in its mission of fostering civic-mind- o OBA Solo and Small Firm Conference — edness. Understanding of law’s role in society is Attend great CLE programs with nationally essential for democracies. We are now training recognized experts, network with other small teachers to engage students in active, participa- firm lawyers from across the state and meet

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 117 o Free consultations at the bar center — Any lawyer who is setting up a new practice or has encountered a difficult issue that cannot be comfortably handled over the telephone is welcome to schedule a free 45-minute appointment with the OBA-MAP director. o Opening Your Law Practice — This innovative program consists of a one-day seminar, scheduled in Oklahoma City twice a year (spring and fall) and in Tulsa in the fall, to assist attorneys setting up new solo practices. A companion project is the “Starting a Law Practice Web Directory” MAP — Director Jim Calloway which is available to any attorney at www.okbar.org/members/map/Starting with small-firm friendly vendors. Join us for ALawPractice. the Solo and Small Firm Conference June 19-21, 2014, at the Hard Rock Hotel and Casino in Tulsa. o OBA-MAP Lending Library — Attorneys can borrow books on law practice management and technology from the OBA-MAP Lending Library. o Discounts on practice management books (and other ABA titles) – If you prefer to own a book rather than borrow it, your OBA membership entitles you to 15 percent off the list price of any of the ABA’s more than 300 titles. Simply enter PAB9EOKB in the Discount Code Number field when placing your order on the ABA website. o OBA-NET — This is an online community for the legal profession. Oklahoma lawyers post questions and brainstorm with other MAP Administrative Assistant lawyers online. There are many files and Nickie Day, who also assists Ethics forms available that have been uploaded by Counsel Travis Pickens other OBA members. o Jim Calloway’s Law Practice Tips Blog – This blog has just recently been updated with a o Oklahoma Bar Journal articles — Each theme launch date in early 2014! Regular postings issue of the Oklahoma Bar Journal contains the of Internet tips, law practice tips and hot regular column “Law Practice Tips” by OBA- news in law office management and MAP Director Jim Calloway. technology are available by visiting the blog o Local Bar Presentations — The OBA-MAP website, subscribing to the email alerts or director is available to speak at your county subscribing to the RSS news feed. Visit the bar meetings or other organized lawyer blog at http://jimcalloway.typepad.com groups at no charge. o Office “Health Checks” — These consultations take place in the lawyer’s Phone: 405-416-7008 office on a fee for services basis. A wide range of management issues can be covered. Typically all staff and attorneys will be involved both in group and individual interviews.

118 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Don’t Know Whom to Contact? If you need more information about which employee in a department to contact, check out the staff list at www. okbar.org/members/OBAstaff. You will find a list of OBA staff members, a summary of their responsibilities and their email address.

MANDATORY CONTINUING LEGAL EDUCATION – Jan Thompson, Director Beverly Petry Lewis and Johnny Floyd

Mandatory Continuing Legal Education The OBA Mandatory Continuing Legal Edu- cation Department is the regulatory office concerned with the accreditation of all continuing legal education programs and the compliance by all Oklahoma bar members with the MCLE requirement. Often confused with the CLE Department, the MCLE Depart- ment does not present CLE seminars. Mandatory Continuing Legal Education, a program adopted by the Oklahoma Supreme Court in 1986, establishes minimum requirements for continuing legal education for Okla- homa attorneys. The program is administered by the OBA Mandatory Continuing Legal Education Commission, which consists of nine members, that has general supervisory authority over the rules and may adopt regu- lations consistent with the rules. Member services include: o review of seminars for accreditation o accreditation of teaching activities o responding to requests for clarification of the Rules of the Oklahoma Supreme Court for Mandatory Continuing Legal Education o processing the annual reports of compliance o helping members receive all the credit to which they are entitled o keeping a record of the Oklahoma approved seminars attended by members Phone: 405-416-7009 Email: [email protected]

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 119 Meet Your Bar Association

Member Perks: Take Advantage nhance your practice, save money and get the most out of your OBA membership. OBA member perks include dis- Ecounted services and programs, and some free stuff too. ONLINE SERVICES Information is primarily geared for members, but contains a great deal of information for the E-News — Current OBA news and informa- public. tion to assist in your law practice that is sent once a month to members with an email address MyOKBar — Password-protected portion of as part of their official roster information. the OBA’s website. Easy to do everything from changing your official address, enrolling in a CLE course, checking your MCLE credits, pay- ing your annual dues, joining a section to listing your practice areas on the Internet so potential clients can find you. You can also receive electronic communications from the bar by adding your email address to the roster. Plus, a new feature allows you to print a tem- porary bar card and print receipts from previous dues and CLE payments. Fastcase — The OBA offers online legal research software as a free benefit to all OBA members. The OBA has contracted with Fast- case to provide national coverage, unlimited usage, unlimited customer service, and unlimited free printing at no cost to bar members as a part of their existing bar membership. Mobile Sync makes the Fastcase Legal Research member benefit even more powerful. It gives you the option to link your Fastcase for the iPhone or iPad app with your desktop account. Mobile Sync automatically syncs your activity history and saved favorites on any of the Fastcase applications, so no work is ever lost. When you log in through www.okbar.org, you will see the OBA-NET — OBA-NET is a message board favorites saved on your iPhone or iPad. To use and file sharing service that allows members Fastcase, sign in with your MyOKBar user- to help each other through online participa- name (OBA number) and password on the tion. You must register for OBA-NET, and OBA website. your password will be different from www. myokbar.org. www.okbar.org — Main website of the OBA with links to all other OBA web presences.

120 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Online CLE — Quality audio, live seminar and encore webcasts for unlimited MCLE credit as well as on-demand programs to watch at your convenience (limited to 6 hours MCLE credit). Oklahoma Find A Lawyer — The OBA’s official lawyer listing service is free. It is also a useful tool for OBA members to identify other attorneys practice area of expertise. Online research links — A one-page resource to quickly find the Oklahoma Supreme Court website, look up Oklahoma cases and statutes online. Can be used to find the online site of the Court of Criminal Appeals or any of Okla- homa’s district courts, locate a state or federal home buying, tenant rights and duties, land- agency, locate a federal court site, find a munic- lord rights, divorce, small claims court, employ- ipal ordinance, rules from local or federal ee rights, bankruptcy, trial juror information, courts or the current judicial pictorial directory. lawyers & legal fees, living wills (brochure and As a bonus there are many other links to assist form), criminal law and resolving conflicts and in your legal and factual research. disputes. As a community service, the OBA Prepared speeches for community/civic distributes the brochures free to courthouses groups — Speeches, outlines and handouts and libraries throughout the state. There’s an prepared by the OBA’s Bench and Bar Commit- order form online. tee on selected topics for presentation to public PRACTICE MANAGEMENT/ groups can be found online. PROFESSIONALISM PUBLICATIONS Young Lawyers Division — The YLD is a Oklahoma Bar Journal — 34 issues of the professional service network offering the Oklahoma Bar Journal are published annually, chance to participate in community and bar- contains articles, court opinions, substantive related programs. Lawyers of any age who law, state bar news, professional changes, mem- have been in practice less than 10 years are ber news (moves, kudos, additions to firms, automatically members. No dues are required. etc.), master calendar of judicial and bar events, There are many YLD programs to become free to active members, $60 annual subscription, involved in and connect with members on discounted rate for senior members and Okla- Facebook at www.facebook.com/obayld. homa law students. Specially printed binders to Continuing Legal Education seminars — keep bar journals organized on a shelf are avail- The OBA creates and coordinates live seminars, able at $15.95 each by contacting the Communi- webcasts and videotaped programs. The OBA cations Department. also offers materials on a full spectrum of legal Continuing Legal Education materials — topics. OBA members can come to the bar cen- Seminar materials and form books are avail- ter anytime during regular business hours to able for purchase, an affordable way to get watch a seminar video of your choice and earn quality, state-specific practice aids. Prices start CLE, but please call in advance to schedule. at approximately $40. A complete list of topics Call Renee Montgomery at 405-416-7029. is available online, or come by the CLE Dept. at Practice management/ technology hotline the Oklahoma Bar Center Monday – Friday, service — OBA members may inquire via 8:30 a.m. – 5 p.m., and review the books avail- email or by phone to the Management Assis- able. CLE materials are also available in an tance Program (MAP) staff and the OBA director electronic format, by chapter. of technology for brief answers about practical Consumer information brochures — Pam- management and technology issues, such as law phlets on 15 topics covering commonly asked office software, understanding computer jargon, questions to give to clients, are sold to OBA staff and personnel problems, software training members at a minimal cost of $16 for 100. Bro- opportunities, time management and trust chure topics are: wills, probate, joint tenancy, account management. Call 405-416-7008.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 121 education programs on the topics of ethics and professionalism. Call 405-416-7055.

Office “health checks” — In-depth personal or group consultations that take place in the lawyer’s office, consultations may focus on Crisis Counseling Services — Need help technology, office procedures or other areas with stress, depression or addiction? Call the agreed upon by attorney and MAP director. Lawyers Helping Lawyers Assistance Program The fee is $500 per day for small law firms (five toll-free at 800-364-7886. It’s strictly confiden- attorneys or less) or $750 per day for medium tial and available 24 hours a day. The OBA or larger firms (more than five attorneys). Call offers all bar members up to six hours of free 405-416-7008 to schedule. crisis counseling. Plus, members can take advantage of free lawyer discussion groups Book purchasing program — OBA members that meet monthly in Tulsa and Oklahoma can receive a discount on American Bar Asso- City. Details about the groups that have a dif- ciation books through the OBA Management ferent topic every month are online. Assistance Program. Contact us for details at 405-416-7008. OBA sections — 24 substantive law sections that offer professional development and interaction. Experience professional growth by learning from colleagues in your practice area and develop new contacts. Benefits vary by section with a growing number of sections holding midyear or quarterly meetings that offer free or discount CLE to section members, some sections publish member newsletters. You’ll find a list of sections, their annual dues and membership registration form online. County bar association and civic group speakers — OBA officers, Board of Governors members and staff members are available (for the price of a meal) to speak at luncheons and Lending library — Law practice manage- banquets on a wide variety of topics including ment books, video and audio tapes available legislative issues, ethics, law office manage- for lawyers to check out and review. While ment and law practice tips. there is no fee for checking out materials to Leadership opportunities — Boards, com- take home, there is a $5 charge to mail the mittees, sections and commissions are some of materials to you. The complete list of materials the volunteer opportunities that offer career is online. development and ways to interact with other Ethics Counsel — Assists members with attorneys and judges. Members may volun- ethical questions and inquiries on subjects such teer to serve on a committee at any time dur- as conflicts, confidentiality and client concerns. ing the year. The ethics counsel also presents continuing Annual Meeting — Participate in CLE programs, section and committee meetings, have a

122 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 voice in determining the OBA’s legislative pro- OPTIONAL MEMBER PURCHASE gram and electing future state bar leaders, take ABA Retirement Funds — The ABA Retire- advantage of networking opportunities with ment Funds program is designed to provide attorneys and judges from throughout the unique, full service 401(k) plans to the legal state. The 2014 Annual Meeting will be Nov. community, and ABA membership is not 13-14 at the Hyatt Regency in Tulsa. required. It was created over 45 years ago by Solo & Small Firm Conference/YLD Mid- the American Bar Association. By leveraging year Meeting — Lawyers have the opportunity the size of the ABA Retirement Funds Program to get to know one another and to take advan- which brings together nearly 4,000 firms, the tage of a CLE seminar in a relaxed family set- program offers a fund lineup and services tradi- ting. Mark your calendar for June 19-21, 2014, tionally only available to the largest corporate at the Hard Rock Hotel & Casino in Tulsa. plans. These services are offered at no out-of- pocket expense to law firms of all sizes with OTHER SERVICES institutionally priced funds for their partici- Direct dial and 24-hour messaging to OBA pants. Contact a program representative at 800- staff members — Bypass waiting for the OBA 826-8901 for a program prospectus or visit www. receptionist to answer your call by dialing a abaretirement.com for more information. staff person or department directly, a list of phone numbers is published in the Oklahoma Bar Journal next to the events calendar, leave a voice message anytime (nights and weekends too). After-hour calls to the general phone numbers 405-416-7000 or 800-522-8065 are automated and will list department extension numbers to punch in if you don’t know the direct phone number. Video conferencing — Available at OSU Tulsa in downtown Tulsa so that committee and section members can join in on meetings without traveling to Oklahoma City. Legislative services — The OBA’s executive director works for adoption of legislative issues approved by the House of Delegates, and the Legislative Monitoring Committee provides a periodic legislative report highlighting the status of selected bills during the session. The OBA-sponsored insurance programs — Oklahoma Bar Journal report is published in the Keep rates low through group buying power. and on the website while the Legislature is in For information about OBA programs for life, session. health (employer-group and individual), indi- Meeting rooms at Bar Center — Many size vidual disability, personal umbrella liability, rooms to choose from to accommodate small long-term care and other insurance plans, con- and large group meetings, client conferences tact Beale Professional Services 405-521-1600, and depositions. Free to members during week- 800-530-4863. For professional liability, Okla- day business hours, nominal fee for evenings. homa Attorneys Mutual Insurance Co. is the only insurer owned by OBA members, OAMIC Toll-free phone number — In-state OBA can be reached at 405-471-5380 or 800-318-7505. members who live outside the Oklahoma City They also offer a broad range of court bonds metro calling area can place free calls to the with more information at www.oklahoma. Oklahoma Bar Center by dialing 800-522-8065, onlinecourtbonds.com. which connects you to our receptionist (a real, live person — not a machine) to direct your call Oklahoma Legal Directory — Official direc- to the proper person or department. tory of OBA members with addresses and phone numbers, roster alphabetical and by county, includes guide to county, state and federal offices plus departments of the U.S. and

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 123 Oklahoma government, complete digest of Tulsa, accommodations, transfers, breakfast courts, professional associations including buffet and other amenities. See highlights of OBA officers, committees and sections. Pub- the current trip offerings at www.GoNext.com. lished by Legal Directories Publishing Co. in Call Go Next toll-free at 800-842-9023 for more both hard bound and electronic editions; $60 + information and/or reservations. shipping and sales tax. Call 800-447-5375 ext. 2 to request order form or visit their www.legal- directories.com. Title Examination Standards — Contains all the presently effective Oklahoma Title Exami- nation Standards and reflects all revisions, produced by the OBA Real Property Law Sec- tion, $5 per copy, free to section members. To be mailed a copy, email Wanda Reece (wan- [email protected]) for the exact shipping cost. MEMBER DISCOUNTS Avis Car Rental — The Oklahoma Bar Asso- IT & Cloud Services — Dobson Technologies ciation can offer you the use of its Avis car offers an extensive portfolio of professional IT rental discount rates if you use the reference services, including cloud backup & recovery, code A674000. Contact Avis toll-free at 800-831- hosting, disaster recovery and managed servic- 8000 or www.avis.com. es, all of which cater specifically to business and enterprise needs. Customers enjoy solutions that Colcord Hotel — A boutique hotel near Brick- make their lives simpler by ensuring their busi- town in downtown Oklahoma City, the Colcord ness operates more securely and efficiently. Dob- Hotel offers OBA members a discounted rate of son’s certified personnel, privately owned and $149 per night for a deluxe king or deluxe dou- geographically separate data centers, industry ble room $179 per night for a superior corner ranking services and partnerships with top tech- king and $279 per night for the Colcord Suite. nology leaders allow them to help Oklahoma Call the hotel at 866-781-3800 to make your res- businesses improve business continuity, reduce ervation and mention that you are an OBA mem- costs and minimize risks. Call 405-242-1000 or ber for the special discount or make your reser- toll free 888-356-2707 or visit them at www.dob- vation online at www.colcordhotel.com utilizing sontechnologies.com/memberbenefit. Special the corporate rate; access code is OKBR. member pricing for all of their services. LawPay — The OBA endorses the LawPay credit card processing services programs designed for attorneys. Funds from each client credit card transaction may be either deposited into client trust or operating account as the lawyer designates. All transaction fees are deducted from the law firm operating account to simplify the trust account record-keeping. Credit cards attract clients, win business, improve cash flow and reduce collections. To learn more call 866- 376-0950 or visit www.lawpay.com/oba. Hertz Car Rental — The OBA’s discount num- LawWare — Bar members may subscribe to ber for Hertz car rental is CDP 0164851. Hertz the document assembly, document manage- toll-free is 800-654-3131 or www.hertz.com. ment and client management software program at a discounted group rate. Created by International Travel — Go Next has been in Oklahoma attorneys in 1991, LawWare stream- business for 39 years. They provide high qual- lines the process of organizing and generating ity, recreational travel to destinations around legal forms and related documents for law the globe. Group rates on trips are available to offices of any size. With the OBA endorsement, you, your family and your friends. All trips members may subscribe to LawWare at a dis- include airfare from either Oklahoma City or counted rate of $49 per month for the first copy

124 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 and $10 per month for each additional office rates available on shipping services with UPS. copy. To inquire about LawWare or to order a Whether you need your documents or pack- subscription, call 866-LAW-WARE or visit ages to arrive the next day or are looking for www.LawWare.com. the most affordable shipping option, UPS understands the importance of reliability, speed Mobile Dictation Service — Mobile Assis- and cost. See how UPS discounts can help your tant is designed to document your critical cli- bottom line: ent meeting information through on-the-go transcription over the phone. It’s an easy, fast, • Up to 34 percent on UPS Air letters including secure and accurate way of documenting client UPS Next Day Air®* interaction, drafting letters and capturing • Up to 30 percent on UPS Air packages (1 important meeting details. OBA members are lb.+)* eligible for a 25 percent discount by using the • Up to 32 percent on UPS International imports coupon code OKBAR. OBA member cost is and exports $54.37 a month for up to 500 lines (line equals 65 • Up to 16 percent on UPS Ground shipments characters including spaces). Exceed that limit • Savings begin at 70 percent on UPS Freight® and pay 12 cents per line above 500 lines. Using shipments over 150 lbs. Mobile Assistant is easy: 1) call the service from You can receive these discounts even if you any phone, 2) dictate your notes (no time limit) already have a UPS account. Plus, the more you and 3) your notes are emailed to you the same ship, the more you can save with UPS. To enroll day after being transcribed by a real, live person and start saving, visit savewithups.com/oba. located within the U.S. Instead of email, notes can also be made available through secure down- *Discounts exclude UPS Express Critical® and load. Mobile Assistant promises privacy, confi- UPS Next Day Air® Early A.M.® dentiality and complete security. If your phone Thomson Reuters Westlaw Discounts — number is registered with them, the service rec- Thomson Reuters offers OBA members a vari- ognizes the number and lets you start dictating ety of discounts on its products and services. immediately without you having to remember For information on other offers available call your log-in information. The service offers a free 405-308-0320. trial. Sign up at www.mobileassistant.us. WordPerfect Licensing Program — OBA Ruby Receptionists Virtual Reception Ser- members can purchase licenses of Corel and vice — Looking for a full-time receptionist for WordPerfect products such as Perfect Au- your law practice but worried about the thority, PDF Fusion, WordPerfect Office X6, expense? Ruby Receptionists may be the WinDVD and WinZip 16 Pro at substantial- answer. Ruby Receptionists is a virtual recep- ly reduced prices. To place an order, go to tion service based in Portland, Ore. You can use www.corel.com/barassociation. their services full-time, or you can get tempo- rary help a few hours a day when you want to close for lunch or need someone to fill in when someone is out sick. It’s a great solution for WordRake — Is your solo and small firms; the service will screen, writing too “wordy” or re- announce and transfer calls, take messages, liant on “legalese?” Word- new! place outgoing calls and more. To learn more, Rake may be the solution contact Ashley Fisher at 866-611-7829 or visit for you. Developed for lawyers, the software www.callruby.com/okbar. Mention your OBA provides editing suggestions for clarity and membership and receive a free 14-day trial, brevity. WordRake instantly edits documents free activation and special pricing on your right in Microsoft Word, suggesting changes monthly plan. that eliminate unnecessary words and phrases. Shipping – OBA members OBA members receive a 10 percent discount on can use the UPS® Savings Pro- the product. Download a free three-day trial to gram. Make the most out of check it out. The MS Word add-in is easy to your membership and take install, and annual licensing plans offer advantage increased saving based on subscription dura- of some of tion. When you purchase, enter coupon code new! the most OKBAR on the final purchase page to receive competitive the special OBA member discount.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 125 126 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Meet Your Bar Association A Few Things You Can Do at www.okbar.org

CONTINUING LEGAL LAWYERS HELPING LAWYERS EDUCATION If you find yourself depressed or addicted, Choose from a variety of archived programs, visit the LHL site to learn about free counsel- live webcasts and CLE presentations at the bar ing, getting involved and other helpful ways to center. put you on your road to recovery.

www.okbar.org/members/ www.okbar.org/members/CLE LawyersHelpingLawyers

OKLAHOMA BAR JOURNAL Access archived issues back to 2005, find ad rates, get YOUNG LAWYERS DIVISION information on sub- mitting an article, All members of the OBA in good standing check publication who were first admitted to the practice of law dates and more. 10 years ago or less are automatically YLD members. Get involved in community service www.okbar.org/ projects, put together bar exam survival packs members/ and enjoy many of the other fun activities BarJournal planned for 2014. www.okbar.org/members/YLD HEROES FIND A LAWYER Sign up to offer one-on-one legal advice and People from across Oklahoma visit this site in assistance to those who have honorably served search of attorneys. Get your name on the list this nation who otherwise cannot afford or do for free by signing into your MyOkbar account not have access to the legal services they need. and clicking on “Find a Lawyer.” Lawyers of all areas are needed, but the demand for family law attorneys is critical. www.oklahomafindalawyer.com MY.OKBAR.ORG Change your address, enroll in CLE, check MCLE credits and list practice areas so potential clients can find you. Your PIN number can be found on your paper dues statement. My.okbar.org www.okbar.org/heroes

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 127 Meet Your Bar Association OBA Sections

ant a way to network with other attorneys in your practice area from across the state? The OBA supports 24 substan- Wtive law sections that offer professional development and interaction. Experience professional growth by learning from colleagues in your practice area and develop new contacts. Benefits vary by section with a growing number of sections holding midyear or quarterly meetings that offer free or discount CLE to section members, some sections publish member newsletters. The following is a list of those who are leading the sections in 2014.

Alternative Dispute Resolution Section Jeffrey Love, Chairperson Cheek & Falcone PLLC 6301 Waterford Boulevard, Suite 320 Oklahoma City, OK 73118 405-286-9191 [email protected] Ken Morgan Stoner, Vice Chairperson 1233 E. 33rd Street Edmond, OK 73013 405-705-2910 [email protected] David Tracy, Secretary-Treasurer Appellate Practice Section 320 S. Boston Avenue, Suite 1130 Michael F. Smith, Chairperson Tulsa, OK 74103-4700 McAfee & Taft 918-582-8001 1717 S. Boulder, Suite 900 [email protected] Tulsa, OK 74119 Larry Yadon, Editor of ADR Connections 918-574-3078 Southwestern Power Admininistration [email protected] 1 W. 3rd Street, Suite 1667 Susan Huntsman, Chairperson-Elect Tulsa, OK 74103-3519 500 Kennedy Building 918-595-6607 321 S. Boston Avenue [email protected] Tulsa, OK 74103 918-592-9800 [email protected]

128 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Mark T. Koss, Treasurer Business and Corporate Law Section P.O. Box 720804 Oklahoma City, OK 73172-0804 Jeanette Timmons, Chairperson 405-720-6868 1700 One Leadership Square [email protected] 211 N. Robinson Oklahoma City, OK 73102-7101 Alison A. Verret, Secretary 405-272-5711 1717 S. Boulder, Suite 900 [email protected] Tulsa, OK 74119 918-574-3089 H. Wayne Cooper, Chairperson-Elect [email protected] Doerner, Saunders, Daniel & Anderson LLP Williams Center Tower II Collin R. Walke, Immediate Past Chairperson 210 Park Avenue, Suite 3030 Two West Second Street, Suite 700 Oklahoma City, OK 73102 Tulsa, OK 74103 405-232-3800 918-591-5228 [email protected] [email protected] Criminal Law Section Kathryn A. LaFortune, Chairperson Office of Congressman Jim Bridenstine 2448 E. 81st Street, Suite 5150 Tulsa, OK 74137 918-770-3962 [email protected] Russell S. Cochran, Chairperson-Elect 7301 Deerberry Lane Oklahoma City, OK 73150 405-275-6800 Bankruptcy and Reorganization [email protected] Timothy D. Kline, Chairperson Virginia D. Sanders, Secretary Phillips Murrah PC OIDS-General Appeals Division Corporate Tower 13th Floor P.O. Box 926 101 N. Robinson Avenue Norman, OK 73070 Oklahoma City, OK 73102 405-801-2727 405-235-4100 [email protected] [email protected] Megan Morgan Tilly, Treasurer Judge Sarah Hall, Chairperson-Elect 1811 N.W. 19th Street U.S. Bankruptcy Judge, Western District Oklahoma City, OK 73106 215 Dean A. McGee, 9th Floor 405-323-9372 Oklahoma City, OK 73102 [email protected] 405-609-5660 [email protected] Charles S. Rogers, Immediate Past Chairperson John B. Jarboe, Co-Treasurer 2828 N.W. 159th Street Jarboe & Stoermer Oklahoma City, OK 73013 401 S. Boston, Suite 1810 405-521-3921 Tulsa, OK 74103-4018 [email protected] 918-582-6131 [email protected] Cindy Danner, Active Past Chairperson Therese Buthod, Co-Treasurer P.O. Box 926 P.O. Box 1347 Norman, OK 73070-0926 Okmulgee, OK 74447-1347 405-801-2727 918-549-7221 [email protected] [email protected]

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 129 Trent H. Baggett, Active Past Chairperson L. Mark Walker, Budget Director 511 Chautauqua Crowe & Dunlevy Norman, OK 73069 20 North Broadway, Suite 1800 405-264-5000 Oklahoma City, OK 73102 [email protected] 405-235-7783 [email protected] Mike Wilds, Active Past Chairperson & Q & A Editors Board Lisa Silvestri, Immediate Past Chairperson BLA GableGotwals 3100 E. New Orleans Street 1100 Oneok Plaza Broken Arrow, OK 74014 100 W. 5th Street 918-449-6532 Tulsa, OK 74103-4217 [email protected] 918-595-4800 [email protected] Doug Drummond, Q & A Editors Board Tulsa County District Attorney’s Office 500 S. Denver Avenue Tulsa, OK 74105 918-596-4865 [email protected] Ben Brown, CLE Events 5905 N. Classen Court Oklahoma City, OK 73118 405-713-6770 [email protected] Virginia D. Sanders, CLE Events OIDS-General Appeals Division P.O. Box 926 Norman, OK 73070 405-801-2727 [email protected] Environmental Law Section Energy and Natural Resources Laura J. Finley, Chairperson Law Section 707 N. Robinson Brad Gungoll, Chairperson Oklahoma City, OK 73101 Gungoll, Jackson 405-702-7187 101 Park Avenue, Suite 1400 [email protected] Oklahoma City, OK 73102 Betsey Streuli, Chairperson-Elect 405-272-4710 P.O. Box 1677 [email protected] Oklahoma City, OK 73101 405-702-7147 Eric Huddleston, Chairperson-Elect [email protected] Elias, Books, Brown & Nelson Two Leadership Square Matthew A. Caves, Secretary 211 N. Robinson Avenue, Suite 1300 100 N. Broadway Avenue, Suite 3300 Oklahoma City, OK 73102 Oklahoma City, OK 73102 405-232-3722 405-272-9241 [email protected] [email protected] Heather L. Cupp, Secretary/Treasurer Scott A. Butcher, Treasurer Hall, Estill, Hardwick, Gable, Golden 20 N. Broadway, Suite 1800 & Nelson PC Oklahoma City, OK 73102 320 S. Boston Avenue, Suite 200 405-235-7737 Tulsa, OK 74103 [email protected] 918-594-0400 [email protected]

130 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Jeri R. Fleming, Immediate Past Chairperson Emily E. Crain, Co-Legislative Liaison 5508 E. 32nd Avenue The Allison Firm PLLC Stillwater, OK 74074 P.O. Box 700116 405-334-6363 Tulsa, OK 74170 [email protected] 918-492-4500 [email protected] Estate Planning, Probate and Trust Section Kara Greuel, Web-Based Application Coordinator Keith Peters, Chairperson Greuel Law Firm PLLC McAfee & Taft PC 5100 E. Skelly Drive, Suite 1040 Two Leadership Square Tulsa, OK 74135 211 N. Robinson, 10th Floor 918-728-2699 Oklahoma City, OK 73102 [email protected] 405-552-2338 [email protected] Kara Greuel, Immediate Past Chairperson Greuel Law Firm PLLC Donna J. Jackson, Chairperson-Elect 5100 E. Skelly Drive, Suite 1040 10400 N. Vineyard Boulevard, Suite A Tulsa, OK 74135 Oklahoma City, OK 73120 918-728-2699 405-840-1874 [email protected] [email protected]

Dawn D. Hallman, Secretary Family Law Section Hallman & Associates PC M. Shane Henry, Chairperson 2230 McKown Drive 906 S. Cheyenne Norman, OK 73072 Tulsa, OK 74119 405-447-9455 918-585-1107 [email protected] [email protected] Michelle K. Smith, Chairperson-Elect 8100 S. Pennsylvania, Suite C Oklahoma City, OK 73159 405-759-2333 [email protected] Donelle Ratheal, Immediate Past Chairperson 4045 N.W. 64th Street, Suite 210 Oklahoma City, OK 73116 405-842-6342 [email protected] Gary J. Dean, Past Chairperson Emeritus 208 S. Vann Street Pryor, OK 74361-5216 Brian L. Hill, Treasurer 918-825-1676 Heritage Trust Company [email protected] P.O. Box 21708 Doug Loudenback, Past Chairperson Emeritus Oklahoma City, OK 73156 405-608-8624 525 N.W. 19th Street [email protected] Oklahoma City, OK 73103 405-830-1467 Samantha Weyrauch Davis, Co-Legislative [email protected] Liaison Hall, Estill, Hardwick, Gable, Golden Michelle K. Smith, CLE Chairperson & Nelson PC 8100 S. Pennsylvania, Suite C 320 S. Boston Avenue, Suite 200 Oklahoma City, OK 73159 Tulsa, OK 74103-3706 405-759-2333 918-594-0638 [email protected] [email protected]

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 131 Allyson Dow, CLE Co-Chairperson-Elect Jon Ford, Practice Manual Co-Chairperson 9925 S. Pennsylvania Avenue One Grand Center Oklahoma City, OK 73159 201 N. Grand, Suite 400 405-691-2648 Enid, OK 73701-4341 [email protected] 580-234-0253 T. Luke Barteaux, CLE Co-Chairperson-Elect [email protected] 906 S. Cheyenne Keith Jones, Practice Manual Co-Chairperson Tulsa, OK 74119 5801 E. 41st Street, Suite 300 918-585-1107 [email protected] Tulsa, OK 74135-5628 918-770-4890 Monica A. Dionisio, Secretary [email protected] 16311 Sonoma Park Drive Edmond, OK 73013 Phil Tucker, Practice Manual Co-Chairperson 405-705-5900 P.O. Box 601 [email protected] Edmond, OK 73083-0601 405-348-1789 Kim Hays, Budget Chairperson 248 W. 16th Street [email protected] Tulsa, OK 74119 David Tracy, Awards & Nominations 918-592-2800 320 S. Boston Avenue, Suite 1130 [email protected] Tulsa, OK 74103-4700 Brad Cunningham, Membership Chairperson 918-582-8001 320 S. Boston, Suite 725 [email protected] Tulsa, OK 74103 McLaine DeWitt-Herndon, Awards 918-779-3800 & Nominations [email protected] 320 S. Boston Avenue, Suite 1026 Tulsa, OK 74103 918-585-3337 [email protected] William G. LaSorsa, Bylaws 15 E. 5th Street, Suite 3800 Tulsa, OK 74103-4309 918-581-8200 [email protected] Noel Tucker, Policies & Procedures Manual Rees Evans, Historian P.O. Box 601 501 N.W. 13th Street Edmond, OK 73083-0601 Oklahoma City, OK 73103-2203 405-348-1789 405-232-4311 [email protected] [email protected] Kim Hays, Policies & Procedures Manual Phillip J. Tucker, Legislative Co-Chairperson 248 W. 16th Street P.O. Box 601 Tulsa, OK 74119 Edmond, OK 73083-0601 918-592-2800 405-348-1789 [email protected] [email protected] Phil Tucker, Trial Advocacy Institute Noel Tucker, Legislative Co-Chairperson Chairperson P.O. Box 601 P.O. Box 601 Edmond, OK 73083-0601 Edmond, OK 73083-0601 405-348-1789 405-348-1789 [email protected] [email protected]

132 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 M. Shane Henry, Section Leaders Council J. Mark Lovelace, Treasurer and Immediate Representative Past Chairperson 906 S. Cheyenne Phillips Murrah PC Tulsa, OK 74119 Corporate Tower, 13th Floor 918-585-1107 101 N. Robinson Avenue [email protected] Oklahoma City, OK 73102 405-235-4100 Judge Mark Barcus, Judicial Liaisons [email protected] Co-Chairperson P.O. Box 2901 Robert T. Luttrell III, Program Liaison and Tulsa, OK 74101 Legislative Review Committee Chairperson 918-260-1190 McAfee & Taft [email protected] 211 N. Robinson Avenue, 10th Floor Oklahoma City, OK 73102-7103 Judge Barry Hafar, Judicial Liaisons 405-552-2291 Co-Chairperson [email protected] 321 Park Avenue, Room 113 Oklahoma City, OK 73102 405-713-1167 [email protected] Noel Tucker, ABA Liaisons P.O. Box 601 Edmond, OK 73083-0601 405-348-1789 [email protected] M. Shane Henry, ABA Liaisons 906 S. Cheyenne Tulsa, OK 74119 918-585-1107 [email protected] Amy Wilson Page, Suites Chairperson General Practice-Solo and 3840 S. 103rd East Avenue, Suite 109 Small Firm Section Tulsa, OK 74146 918-439-2424 Keren Williams McLendon, Chairperson [email protected] 5808 N. Billen Avenue Oklahoma City, OK 73112-7352 Allyson Dow, Social Committee Chairperson 405-601-1212 9925 S. Pennsylvania Avenue [email protected] Oklahoma City, OK 73159 405-691-2648 Jeffrey B. Taylor, Chairperson-Elect [email protected] 2525 N.W. Expressway, No. 620 Oklahoma City, OK 73112 Financial Institutions and Commercial 405-748-0318 Law Section [email protected] Eric L. Johnson, Chairperson Gregory S. Wilson, Vice Chairperson Hudson Cook LLP Wilson Law Firm PLLC 8524 S. Western, Suite 114 502 N. Broadway Oklahoma City, OK 73139 Shawnee, OK 74801 405-602-3812 405-275-9994 [email protected] [email protected] Jesse Sumner Jr., Vice Chairperson Sonja R. Porter, Secretary P.O. Box 1051 620 N. Robinson Avenue, Suite 203 Tulsa, OK 74101-1051 Oklahoma City, OK 73102 918-497-5202 405-650-4753 [email protected] [email protected]

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 133 Remona Kay Colson, Treasurer Karen S. Rieger, Vice Chairperson 511 ½ S. Cherokee Avenue 20 N. Broadway, Suite 1800 Bartlesville, OK 74003-3626 Oklahoma City, OK 73102 918-336-1605 405-235-7788 [email protected] [email protected] Government and Administrative Law Mary Holloway Richard, Secretary Practice Section Legal Counsel, INTEGRIS Health 3030 N.W. Expressway, Suite 1700 Scott D. Boughton, Chairperson Oklahoma City, OK 73112 3545 N.W. 58th Street, Suite 1000 405-951-4788 Oklahoma City, OK 73112-4712 [email protected] 405-717-8957 [email protected] Aletheia F. Lawry, Budget Officer Integris Health John E. Miley, Chairperson-Elect 3030 N.W. Expressway, Suite 1700 2900 N. Robinson Avenue Oklahoma City, OK 73112 Oklahoma City, OK 73103-4123 405-951-4781 405-557-7146 [email protected] [email protected] Tamar Scott, Secretary Indian Law Section Oklahoma Department of Transportation Susan M. Arkeketa, Chairperson 200 N.E. 21st Street P.O. Box 580 Oklahoma City, OK 73105 Okmulgee, OK 74447 405-521-2635 918-295-9720 [email protected] [email protected] Deborah Ann Reed, Treasurer Trisha Linn Archer, Chairperson-Elect Greuel Law Firm 9242 S. Sheridan Road, Suite K 5100 E. Skelly Drive, Suite 1040 Tulsa, OK 74135 Tulsa, OK 74133 918-728-1604 918-619-9191 [email protected] [email protected] Deborah Ann Reed, Secretary Greuel Law Firm 5100 E. Skelly Drive, Suite 1040 Tulsa, OK 74135 918-728-1604 [email protected] Budget Officer - TBD Brandy L. Shores, Immediate Past Chairperson 10441 S. Regal Boulevard, Suite 200 Tulsa, OK 74133 918-970-2000 [email protected]

Health Law Section Insurance Law Elizabeth D. Tyrrell, Chairperson Jon Starr, Chairperson Two Leadership Square, 10th Floor McGivern & Gilliard 211 N. Robinson Avenue P.O. Box 2619 Oklahoma City, OK 73102 Tulsa, OK 74101-2619 405-235-9621 918-584-3391 [email protected] [email protected]

134 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Ryan C. Harper, Vice Chairperson Michael H. Smith, District 2 Director First Place Hall, Estill, Hardwick, Gable, Golden 15 East 5th Street, Suite 3900 & Nelson PC Tulsa, OK 74103 100 N. Broadway, Suite 2900 918-295-8888 Oklahoma City, OK 73102-8865 [email protected] 405-553-2828 [email protected] J. M. Scott Ryan, Treasurer Taylor, Ryan, Schmidt & Van Dalsem PC Scott R. Zingerman, Director-at-Large/ 850 Boulder Towers Immediate Past President 1437 S. Boulder Avenue Fellers, Snider, Blankenship, Bailey Tulsa, OK 74119 & Tippens PC 918-749-5566 321 S. Boston, Suite 800 [email protected] Tulsa, OK 74103-3318 918-599-0621 Jeffrey A. Curran, Secretary [email protected] GableGotwals One Leadership Square, Suite N1500 211 North Robinson Avenue Oklahoma City, OK 73102-7101 405-235-5500 [email protected] Matthew B. Wade, OBA Liaison Ailles & Associates One Benham Place 9400 N. Broadway Extension, Suite 500 Oklahoma City, OK 73114 405-419-2655 [email protected] Intellectual Property Law Section Barbara Krebs Yuill, President Juvenile Law Section Dunlap & Codding PC 609 W. Sheridan Avenue Tsinena Bruno-Thompson, Chairperson Oklahoma City, OK 73102 4901 Richmond Square, Suite 101 405-607-8600 Oklahoma City, OK 73118 405-232-4453 [email protected] [email protected] David M. Sullivan, Vice President Ben C. Brown, Chairperson-Elect Crowe & Dunlevy 5905 N. Classen Court 20 N. Broadway Avenue, Suite 1800 Oklahoma City, OK 73118 Oklahoma City, OK 73102 405-713-6770 405-234-3236 [email protected] [email protected] William McKinney, Treasurer Derrick Wade Harvey, Secretary/Treasurer 5905 N. Classen Court 100 W. Main Street, Suite 300 Oklahoma City, OK 73118 Ardmore, OK 73401 405-713-6770 580-220-9374 [email protected] [email protected] Valerie Baker, Secretary Paul E. Rossler, District 1 Director 7905 E. Highway 66 GableGotwals Canadian County District Attorney 1100 OneOk Plaza, 10th Floor El Reno, OK 73036 100 W. 5th Street 405-264-5535 Tulsa, OK 74103-4217 [email protected] 918-595-4872 [email protected]

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 135 Cheryl A. Clayton, Chairperson-Elect 110 S. Main P.O. Box 88 Noble, OK 73068 405-872-9216 [email protected] Jody R. Nathan, Treasurer P.O. Box 702860 Tulsa, OK 74170-2860 918-592-7070 [email protected] Labor and Employment Law Section Litigation Section Amber L. Hurst, Chairperson Hammons, Gowens, Hurst & Assoc. (Elections to be held Jan. 20, 2014; see 325 Dean A. McGee Avenue www.okbar.org/members/sections for new officers.) Oklahoma City, OK 73102 405-235-6100 Military and Veterans Law Section [email protected] Tommy D. Klepper, Chairperson Nicole M. Longwell, Vice-Chairperson 702 Wall Street, Suite 100 P.O. Box 721980 One Williams Center, MB2800 Norman, OK 73070 Tulsa, OK 74103 405-928-5055 918-574-7032 [email protected] [email protected] Abby Dillsaver, Treasurer Deputy General Counsel Oklahoma Tax Commission 120 N. Robinson, Suite 2000W Oklahoma City, OK 73102 405-319-8550 [email protected] Jeffrey A. Lee, Secretary US EEOC 215 Dean A. McGee, No. 524 Oklahoma City, OK 73102 405-231-4375 [email protected] Adam W. Childers, Immediate Past Chairperson Crowe & Dunlevy PC 20 N. Broadway, Suite 1800 Brent Dishman, Chairperson-Elect Oklahoma City, OK 73102 11017 Old River Trail 405-235-7700 Edmond, OK 73013 [email protected] 405-204-6082 [email protected] Law Office Management and Technology Section Kate McClure, Secretary P.O. Box 561 Michael D. Johnson, Chairperson Lawton, OK 73502 623 N. Porter, Suite 400 580-442-8618 Norman, OK 73071 [email protected] 405-579-9692 [email protected]

136 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Stan Evans, Treasurer Kraettli Epperson, TES Chairperson 4108 N. Harvey Parkway 50 Penn Place, Suite 1400 Oklahoma City, OK 73118-8432 1900 N.W. Expressway 405-521-0323 Oklahoma City, OK 73118 [email protected] 405-848-9100 [email protected] Traci L. Soderstrom, CLE Chair 601 S. Sunnylane Road John B. Wimbish, TES Editor-in-Chief Del City, OK 73115 5314 S. Yale, Suite 200 405-601-1217 Tulsa, OK 74135 [email protected] [email protected] Robert Don Gifford, Immediate Past Jason Soper, Legislative Liaison Committee Chairperson Chairperson 210 Park Avenue, Suite 400 P.O. Box 1292 Oklahoma City, OK 73102 Oklahoma City, OK 73101 405-553-8736 405-552-7721 [email protected] [email protected] Taxation Law Section Abby Dillsaver, Chairperson 120 N. Robinson, Suite 2000W Oklahoma City, OK 73102 405-319-8550 [email protected] Ralph “Ted” Blodgett, Vice-Chairperson 629 24th Avenue Southwest Norman, OK 73069 405-360-5533 [email protected] W. Todd Holman, Secretary Real Property Law Section 525 S. Main, Suite 800 Tulsa, OK 74103 Christopher J. Smith, Chairperson 918-599-7755 1000 W. Wilshire, Suite 428 [email protected] Oklahoma City, OK 73116 405-919-6876 Jesse C. Chapel, Treasurer [email protected] 5801 N. Broadway Extension, Suite 101 Oklahoma City, OK 73118-7489 Lucas J. Munson, Chairperson-Elect 405-843-9909 247 N. Broadway [email protected] Edmond, OK 73034 405-513-7707 Kurt Schneiter, Member at Large (West) [email protected] 2200 Classen Boulevard, No. 3123 Norman, OK 73071 Matthew L. Winton, Budget Officer 405-833-4595 Winton Law [email protected] 3233 E. Memorial Road, Suite 103 Edmond, OK 73013 Sheppard F. “Mike” Miers Jr., Member at 405-478-4818 Large (East) [email protected] 100 W. 5th Street, Suite 1100 Tulsa, OK 74103 Jared H. Harrison, Secretary 918-595-4800 P.O. Box 658 [email protected] 202 N. 6th Street Kingfisher, OK 73750-2705 405-375-6484 [email protected]

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 137 Julie M. Holmes Chapel, IRS Liaison Officer 55 North Robinson, Room 830 Oklahoma City, OK 73102 405-297-4823 [email protected] Marjorie L. Welch, State Liaison Officer 120 N. Robinson, Suite 2000W Oklahoma City, OK 73102 405-319-8550 [email protected] Workers’ Compensation Section Danny Talbot, Chairperson 13901 Quail Pointe Drive Oklahoma City, OK 73134 405-602-5600 [email protected] Nichole S. Bryant, Chairperson-Elect 2141 S. Florence Place Tulsa, OK 74114 918-938-1103 [email protected] Nathan C. Phillips, Treasurer 3313 N. Classen Boulevard Oklahoma City, OK 73118 405-525-4131 [email protected]

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138 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 SCHOLARLY ARTICLE

What is Required for Gas to be a Marketable Product in Oklahoma? By Richard B. Noulles his article discusses 1) the case law in Oklahoma giving rise to the question of what is required for gas to be a market- Table product, 2) the differing view of royalty owners and producers on that question, 3) the uncertainties under the case law, 4) recent changes in the gas industry relevant to the question and 5) other authorities applicable to the question. The author also proposes a standard to be applied in determining whether gas is a marketable product.

GENESIS OF THE ISSUE into the purchaser’s pipeline,”8 so were “necessary to make the product marketable”9 and Over 20 years ago, in the 1992 case of Wood v. therefore not chargeable to the royalty owner. TXO Production Corp.,1 the Oklahoma Supreme Court held that a lessee’s implied duty to mar- Four years later, in Mittelstaedt v. Santa Fe ket under an oil and gas lease “involves obtain- Minerals, Inc.,10 the court addressed, for the first ing a marketable product.”2 The issue in Wood time, whether off-lease post-production costs was whether the lessee could charge its royalty could be charged to royalty owners. The court owners for their proportionate share of the made it clear that the fact the costs were for off- costs incurred by the lessee in compressing gas lease operations “does not mean the costs are on the leased premises so as to enable the gas necessarily shared by the lessors,”11 but also to be delivered into the buyer’s line, also locat- made it clear that such costs “must be exam- ed on the leased premises.3 The court held that ined on an individual basis to determine if they cost could not be charged to the lessors under are within the class of costs shared by royalty the implied duty to market.4 interests.”12 The court then addressed the specific costs involved in the case, beginning with Two years after Wood, the court decided TXO dehydration. The court said that dehydration Production Corp. v. State ex rel. Comm’rs of the costs “necessary to make a product marketable, Land Office (CLO).5 In CLO, the court decided or dehydration within the custom and usage of that post-production costs for on-lease com- the lessee’s duty to create a marketable prod- pression, dehydration and gathering expenses uct, without provision for cost to lessors in the were not chargeable to the CLO under the pro- lease,” are not payable from the royalty inter- ducer’s lease with TXO. The court based its est, but that “excess dehydration to an already decision on the fact the CLO lease provided the marketable product is to be allocated propor- lessee was to deliver to the CLO one-eighth of tionately to the royalty interest when such the gas produced “without cost into pipelines costs are reasonable, and when actual royalty … or in lieu thereof, pay to the lessor the market revenues are increased in proportion to the value thereof,”6 but also said the costs in ques- costs assessed against the royalty interest.”13 tion were incurred to “prepare the product for The court likewise explained that blending market”7 and “prior to the product being placed

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 139 costs “necessary to make a marketable prod- consideration for the gas used for fuel. In some uct” are not allocated to royalty owners, but instances, the POP contract also may provide blending costs for “an already marketable for a reduction in the proceeds otherwise pay- product” may be so allocated if the costs are able to the producer to offset the purchaser’s reasonable and royalty revenues increase in costs of off-lease transportation, compression proportion to them.14 A similar rule was given or treating of the gas, usually on the basis of for off-lease compression costs.15 The court con- “X¢ per unit” of gas purchased. cluded that: 2) In the second scenario, the lessee/pro- In sum, a royalty interest may bear post- ducer itself (or an affiliate of the lessee/pro- production costs of transporting, blending, ducer) typically pays the midstream company compression, and dehydration, when the to move the gas from the lease to the down- costs are reasonable, when actual royalty stream processing plant, pays the costs of com- revenues increase in proportion to the costs pressing and processing the gas to extract assessed against the royalty interest, when NGLs — including bearing the loss of any gas the costs are associated with transforming used as fuel for transporting, compressing an already marketable product into an and/or processing the gas — and either sells enhanced product, and when the lessee the residue gas and extracted NGLs at the meets its burden of showing these facts.16 plant tailgate or moves them further down the distribution chain for sale. DIFFERING VIEWS ON WHEN GAS IS A MARKETABLE PRODUCT In both of these scenarios, the residue gas Subsequent to the decisions in Wood, CLO remaining after extraction of the NGLs typically is delivered into a mainline interstate or and Mittelstaedt, a number of cases have been intrastate transmission line at the tailgate of the filed by royalty owners — generally seeking to processing plant, where it can be transmitted to represent a large number of other royalty own- an ultimate end user or local distribution com- ers on a class basis — claiming that producers pany at any downstream pipeline interconnect have underpaid royalties by effectively charg- point, which may be hundreds or thousands of ing the royalty owner for off-lease post-pro- miles away. duction costs allegedly incurred to make the producer’s gas a marketable product. Typically In the first scenario, the producer typically these cases have involved one of the following pays royalties on the proceeds it receives under two scenarios: the POP contract for the wellhead sale to the midstream purchaser. In the second scenario, 1) In the first scenario, the lessee/producer the producer typically pays royalties on the typically sells the gas at the well or a nearby “netback” value at the well after deducting the central delivery point to a midstream company downstream costs of the off-lease transporta- such as DCP, Enogex, ONEOK Field Services tion, compression and processing from the or various others. Such sales are often on a downstream proceeds ultimately received for “percent of proceeds” (POP) basis whereby the the sale of the residue gas and NGLs. In both purchaser pays the producer — typically in scenarios, the lessee/producer may incur costs exchange for 100 percent of the MMBtus of gas for treating, dehydrating, separating, compress- delivered at the delivery point — a stated per- ing or other operations undertaken on the lease, centage of the proceeds ultimately received by before either selling the gas (in the first scenario) the purchaser upon resale, after the purchaser or delivering it to the midstream company (in moves the gas to a downstream processing the second scenario), and those on-lease costs plant (which may be located dozens of miles or are not allocated to the royalty owners, based on more from the lease), processes the gas for the the decisions in Wood and CLO. The producer’s extraction of natural gas liquids (NGLs), and contention typically is that in either scenario the sells the residue gas and NGLs at the plant gas is a marketable product at the lease when it tailgate or further down the distribution chain. is either sold (in the first scenario) or delivered The POP contracts also will frequently provide (in the second scenario) into the midstream com- that a portion of the gas being sold to the mid- pany’s pipeline.17 stream company may be used for fuel in transporting, compressing and/or processing the The royalty owners, however, typically argue gas, with the percentage of proceeds paid for that gas is not a marketable product until it is the NGLs and residue gas also constituting the acceptable for delivery into the mainline inter-

140 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 the issue of exactly what is required for gas to …there is no Oklahoma be a marketable product in Oklahoma has not been addressed by an Oklahoma appellate appellate decision addressing court. In Foster v. Merit Energy Co.,20 the United the issue of what is required States District Court for the Western District of Oklahoma discussed the uncertainty regarding for gas to be a this and several other related and still unde- ‘marketable product.’ cided issues under Mittelstaedt: • “Having left marketability to be determined as a question of fact, ‘the [Mittel- state or intrastate transmission line at the tail- staedt] court did not attempt to define gate of the processing plant, and further argue either the term ‘marketable’ or the term that little or no gas is acceptable into such a ‘product.’” mainline transmission line until it has been • “The [Mittelstaedt] Court . . . had no occa- processed for extraction of NGLs, dehydrated sion to discuss how the principles articu- to a “dry” condition (generally 7 pounds of lated in Mittelstaedt might apply to a POP water per 1 million cubic feet or less), and com- contract.”22 pressed to the high pressure required for entry into a mainline transmission line. Thus, the • “What, exactly, are the physical attri- royalty owners typically argue that all costs butes of a product that is ‘marketable’ in incurred prior to delivery into the mainline the sense required to qualify as an transmission line are being incurred to produce ‘already marketable product’ so as to a marketable product.18 Therefore, the royalty trigger possible cost sharing under the owners argue, in the first scenario royalties are Mittelstaedt formulation? What, exactly, is the difference between ‘dehydration’ payable on the value of 100 percent of the resi- (all on the lessee) and ‘excess dehydra- due gas and NGLs produced at the processing tion to an already marketable product’ plant (i.e., not just the lessee/producer’s share [citation omitted] for purposes of the under the POP contract), irrespective of the Mittelstaedt formulation? Does this dif- values actually received under the POP con- ferentiation imply that . . . gas can be tract, plus 100 percent of the value of any gas dehydrated to the extent necessary to consumed for fuel and 100 percent of any qualify as ‘marketable’ in the sense dis- hydrocarbons that may have condensed and cussed in Mittelstaedt, but still not be of been removed from the pipeline as “drip liq- interstate pipeline quality?”23 uids” en route to the plant. Similarly, in the second scenario, the royalty owners argue roy- • “[T]he [Oklahoma] Supreme Court’s royalties are due on the same 100 percent of the alty cases leave a considerable amount of residue gas and NGLs produced at the process- uncertainty as to the relative roles played ing plant, plus 100 percent of the value of any by lease language, on the one hand, and gas consumed as fuel in transporting, com- the implied covenant to market, on the pressing and/or processing the gas, and 100 other, in bringing about the results percent of any “drip liquids” removed en route reached in those cases.”24 to the plant, without deduction of any off-lease All of these issues remain undecided by an costs incurred by the lessee/producer in trans- Oklahoma appellate court.25 porting, compressing or processing the gas in order to achieve those values. THE IMPACT OF RECENT CHANGES IN THE GAS INDUSTRY UNCERTAINTIES UNDER THE CASE LAW In order to properly analyze this “marketable Surprisingly, despite the numerous cases product” issue, some historical context also is filed since Mittelstaedt raising this marketable necessary. Prior to the latter 1980s and early product issue, there is no Oklahoma appellate 1990s, almost all gas produced in the United decision addressing the issue of what is required States was sold at the lease by the lessee/pro- for gas to be a “marketable product.” The rea- ducer to an interstate or intrastate pipeline son for this is the royalty cases raising the issue company. The pipeline company served both a uniformly have been settled, almost always merchant role — buying the raw gas from the without a trial even being held.19 As a result, lessee/producer and selling the processed resi-

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 141 due gas to end users or local distribution companies — and a transportation role — moving the gas from the producer to the end user/local From a lessee/producer’s distribution company. As part of its transporta- perspective, gas today is no tion function, the pipeline company typically also either processed the gas at a company- different than it was prior to owned plant or had it processed at a third- party plant. The interstate/intrastate pipeline the FERC’s restructuring of the company bore all the costs of transporting, pipeline industry… compressing and processing the gas and, at the same time, received all the increased value attributable to the transportation, compressing and processing of the gas, while the lessee/ company at the lease. However, the royalty producer did not bear any of the costs or share owner’s perspective is just the opposite. They in any of the increased value. Thus, during this contend that following the restructure of the time period, there were almost no “off-lease pipeline industry gas is no longer marketable at post-production costs” incurred by a lessee/ the wellhead, and that no gas can be marketable producer.26 Because the gas was generally sold now until it is has been transported to and pro- at the well to the pipeline company buyer, gas cessed at a downstream processing plant where was generally considered to be marketable as NGLs are extracted and the residue can be deliv- long as it was acceptable by the pipeline com- ered into an interstate or intrastate pipeline company buyer when delivered at the lease, before pany’s mainline transmission line. the additional off-lease processes were per- OTHER AUTHORITIES CONSIDERED formed by the buyer.27 Sooner or later, in the author’s opinion, a Beginning in the latter 1980s and continuing case presenting the marketable product issue is through the early 1990s, the Federal Energy going to be tried and either a jury will have to Regulatory Commission (FERC) issued a num- be instructed as to what is required for gas to ber of orders having the purpose and effect of be a marketable product or the court will have making the pipeline companies pure transport- to make a finding on that issue. Despite the ers of gas, rather than both merchants and uncertainties under Mittelstaedt, the Oklahoma transporters.28 As a result, the pipeline compa- Supreme Court did make it clear that deter- nies spun off the portions of their pipeline mining whether gas is a marketable product is systems and processing plants upstream of a fact intensive question dependent in large their high-pressure mainline transmission lines. part on the custom and usage in the industry.30 Those spun-off companies, or other newly cre- However, as the court discussed in Foster, ated companies, became the merchant purchas- exactly what is required for gas to be market- ers and resellers of gas, referred to as “mid- able under Mittelstaedt remains unclear. Not- stream companies,” who now either purchase withstanding that uncertainty, the author gas at the lease, or transport it for a fee to a pro- believes there are several Oklahoma cases and cessing plant, where the gas is processed and other authorities that provide guidance for compressed for delivery into the pipeline com- arriving at the appropriate standard to be pany’s high-pressure mainline transmission line applied in determining what is required for gas for ultimate sale and delivery to the end user or to be a marketable product. These are dis- local distribution company purchaser.29 cussed below. From a lessee/producer’s perspective, gas In Replogle v. Indian Territory Illuminating Oil today is no different than it was prior to the Co.,31 the plaintiffs/royalty owners had agreed FERC’s restructuring of the pipeline industry with the lessee/producer that the producer and, since gas today is often being sold or could use gas being produced from a certain oil delivered into the same pipelines at the lease well for the producer’s other operations in — for delivery to and processing at the same Oklahoma City, free of cost to the royalty own- processing plants — as it was before the restruc- ers “until such time as there is a market for said turing of the industry, it is just as much a mar- gas.”32 Oklahoma Natural Gas Company later ketable product at the lease as it was before the attempted to make use of the gas and made a industry was restructured, when almost all gas few purchases from the lessee/producer for a was sold to an interstate or intrastate pipeline short time but determined it was unable to use

142 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 the gas and quit buying it.33 Plaintiffs argued Thus, similar to the Replogle court’s “com- there was a market for the gas based on the few mercial demand” analysis, Professor Kuntz discontinued sales to ONG, but the court would look to whether there is a “commercial rejected that argument, saying: market” for the gas. Although the author is not [M]arket . . . alludes to the opportunity for aware of any Oklahoma case specifically defin- selling the commodity (gas) . . . that is, the ing the term “commercial demand” or “commercial market,” in Allenberg v. Bentley Hedges existence of a commercial demand for 41 same.34 Travel Service, the Oklahoma Supreme Court said that “the term ‘commercial seller’ refers to In Johnson v. Jernigan,35 the plaintiff’s lease a seller who is in the business of selling” the called for royalties to be paid on gas based on goods in question.42 Similarly, a “commercial the “gross proceeds at the prevailing market demand” or “commercial market” for gas rate.”36 The parties agreed there was no market should only require the existence of buyers for the gas at the lease, and the lessee moved who are in the business of buying the type of the gas ten miles off the lease to the point of gas at issue or who buy it in the regular course sale and deducted $.02 per 1,000 cubic feet of their business. from the proceeds for that cost in calculating royalties. The royalty owner sued, alleging the Finally, Professor Anderson has advocated a deduction was not allowed under the lease, but similar approach to determining when gas is the court ruled in favor of the lessee/producer, marketable, based on what he refers to as the saying: “market realities” as to whether the gas is “marketable in fact”: Market rate is the rate at which the gas is commonly sold in the vicinity of the well. While sweet, dry gas is in marketable con- It is market rate at the wellhead or in the dition (but not necessarily in a marketable field that determines the sale price, and not location) at the wellhead, sour or water- the market rate at the purchaser’s location saturated gas, depending on market reali- which may be some distance away from ties, may not be in a marketable condition the leased premises.37 (or a marketable location) at the wellhead. Most recently, in the 2004 case of Howell v. * * * 38 Texaco Inc., the court said this about a lease Of course, in many instances, gas in fact provision calling for payment of royalties based may be in a first-marketable condition at on market value: the wellhead. In other instances, gas, such Market value is the price negotiated by a as sour gas, may not be marketable until it willing buyer, not obligated to buy, and a is treated. I hesitate to offer a list of specific willing seller, not obligated to sell, in a free examples, because the question of when a and open market.39 product first becomes marketable is a question of fact, not law. . . . [I]f wet gas is mar- The writings of Professors Eugene Kuntz and ketable in fact, the location of a gasoline Owen Anderson also have addressed the issue extraction plant on the leased premises of when gas is a marketable product. For exam- should not trigger royalty on the gross ple, Professor Kuntz’s treatise on oil and gas value of the extracted liquids and residue law states: gas because gasoline extraction would be It is not always easy to determine, howev- beyond the exploration and production er, when the first marketable product has segment of the industry. been obtained. Marketability of the product may be affected because the quality of [I]n today’s gas markets, gas may be first the raw gas is impaired by the presence of sold at a point and in a condition that is impurities. In this instance, it should be well beyond the point and condition where necessary to determine if there is a com- it becomes a first-marketable product. And mercial market for the raw gas. If there is a the point at which gas becomes a first- commercial market, then a marketable marketable product may also vary from area-to-area and perhaps from well-to- product has been produced and further 43 processing to improve the product should well. be treated as refining to increase the value While Professor Anderson does not expand of the marketable product.40 on what is sufficient to show the gas is “mar-

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 143 ketable in fact,” it seems clear the “market reali- the sale for ultimate resale to end users.46 Nor is ties” he relies on would be satisfied by evidence the standard dependent on whether the gas is establishing that there is in fact a “commercial sold under a POP contract versus some other market” of willing buyers in the business of buy- type of contract, since the type of contract ing gas of the type produced or who buy it in the entered into is not a factor in determining regular course of their business. whether the gas is or is not a marketable product. As Professor Anderson has said regarding THE PROPOSED STANDARD the common practice of selling “wet gas” Based on Replogle, Johnson, Howell, Allenberg, (meaning gas saturated with NGLs47) to gaso- and the writings of Professors Kuntz and line plants on a POP basis, “Such a real and Anderson, the author believes the following established market presumably makes the wet formulation constitutes an appropriate stan- gas marketable in fact even though the pur- dard for determining what is required for gas chase price is unknown until the next sale to be a marketable product: occurs.”48 Gas is a marketable product when there is CONCLUSION a commercial market for it. This means the For over fifteen years, since the promulga- gas is of a type capable of being sold to tion of the Mittelstaedt decision, producers and willing buyers in the business of buying royalty owners alike have had to deal with the such gas, or who buy such gas in the regu- uncertainty of not knowing the standard that lar course of their business, and who are will be applied in determining whether gas is a not otherwise obligated to buy it, in a free marketable product in Oklahoma. Although and open market. Gas can be marketable at the promulgation of a more definitive standard the well if the gas is of a type commonly for answering this question will still leave sold in the vicinity of a well, even though uncertainty as to what a fact finder may deter- the gas is moved some distance from the mine under any given state of facts, it would be well before being sold.44 a clear improvement over the present status in In accordance with Mittelstaedt, all of the which producers and royalty owners do not foregoing should be able to be shown (or chal- even know what standard will apply in deter- lenged) by evidence of the custom and usage in mining whether gas is a marketable product. the industry with respect to such gas. The author hopes a case raising this question reaches an appellate court in Oklahoma in the This proposed standard is consistent with near future so that both producers and royalty the holdings in Replogle, Johnson, Howell, and owners can have a better understanding of Allenberg, and also is consistent with the writ- 45 what is required for gas to be a marketable ings of Professors Kuntz and Anderson. The product in Oklahoma, and believes the stan- proposed standard allows the jury or fact- dard proposed herein should be adopted if and finder to determine whether the gas at issue is when that occurs. a marketable product based on the realities of the market place for the gas in question and the 1. 1992 OK 100, 854 P.2d 880. facts that may be presented as to whether there 2. Id. at ¶ 12, 854 P.2d at 883. 3. Id. at ¶ 9, 854 P.2d at 882. The fact that the costs were incurred on is a commercial market of buyers for gas in that the lease is significant. Leases cover a specific location, and a produc- physical condition. However, the standard is er’s production activities are generally undertaken on a specific area within the lease. Producers typically deliver gas to a third party pur- not dependent on whether the gas is market- chaser or transporter through a meter located on the lease and near the able to midstream companies versus end users wellhead, and the meter measures the quantity of gas being delivered (or others in the distribution chain); on wheth- into the third party’s line. Operations undertaken on the lease and prior to delivery of gas into the meter (for example, use of a separator er the gas can be transported on an interstate or to separate liquids from gas prior to delivery of the gas into the meter) intrastate mainline transmission line; or on generally have been viewed by the industry as production activities that are not chargeable to royalty owners. On the other hand, off-lease whether it is further treated or processed after operations typically are not undertaken by a producer (and cannot be the sale for ultimate resale to end users. This is done without acquiring the right to do so on the landowner’s property), and generally have been viewed by the industry as post-produc- because the standard depends on whether tion costs to an already marketable product that can be charged to there is in fact a commercial market for gas of royalty owners. (As discussed in note 26, infra, the primary circum- that type, regardless of whether the market stance in which “off lease” activities are undertaken by a producer is for the collection and delivery of gas from several nearby wells to a consists of end users or other buyers; whether nearby central delivery point.) the gas can be transported on a mainline inter- 4. Wood and other cases have made it clear this implied duty to market can be negated by appropriate language in the lease. Id. at ¶ 11, state or intrastate transmission line; and wheth- 854 P.2d at 883 (“If a lessee wants royalty owners to share in compres- er the gas is further treated or processed after sion costs, that can be spelled out in the lease.”) Accord Rogers v. Heston

144 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Oil Co., 1984 OK 75, ¶ 19, 735 P.2d 542, 546 (an implied covenant in an When is gas “marketable” or how is the term “marketable” oil and gas lease “is a covenant implied in fact to carry out what the defined for purposes of determining when gas becomes a “market- parties must have intended” and “becomes a part of the lease only able product” and whether production and post-production costs where its inclusion in the lease is not inconsistent with other terms of were incurred to make the gas “marketable” or were incurred to the lease.”) The issue of precisely what language is sufficient to negate enhance the value of an already marketable product? the implied covenant is beyond the scope of this article. However, Id. at doc. No. 118. However, the Oklahoma Supreme Court declined to compare Emery Res. Holdings, LLC v. Coastal Plains Energy, Inc., 2012 WL answer the certified question, stating that: 1085718, at *8 (D. Utah Mar. 30, 2012) (“[T]he majority of courts to [S]ufficient direction existed in Oklahoma case law to allow the consider the topic have found ‘at the well’ royalty clauses to mean the instruction of fact finders . . . . Mittelstaedt . . . and the cases cited natural gas is valued for royalty purposes at its wellhead location and and analyzed therein provide guidance sufficient to the federal condition”) and Elliott Indus. v. BP. Am. Prod. Co., 407 F.3d 1091, 1109 court to address the questions presented. (10th Cir. 2005) (“[M]arket value at the well” should reflect “‘the value Hill v. Marathon Oil Co., No. 108098 (Okla. Sup. Ct.), Order dated May of the gas in its unprocessed state as it comes to the surface at the 11, 2010. Given the uncertainties on this question, it is unfortunate that mouth of the well before it is transported and processed.’”) (citation the court declined this opportunity to clarify the law. Interestingly, omitted) with Hill v. Kaiser-Francis Oil Co., No. CIV-09-07-R (W.D. Okla. Judge Russell later stated in Naylor Farms, Inc. Anadarko Oil & Gas Co., Aug. 16, 2012) (lease provisions calling for royalties to be paid on the 2011 WL 7053789 (W.D. Okla., July 14, 2011) that making gas market- value or proceeds “at the well” or “at the mouth of the well” are not able “by inference means of interstate or intrastate pipeline quality” id. sufficient to negate the implied covenant, but provisions for royalties at n. 2, but subsequently modified that ruling, stating “there is no to be based on the value or proceeds for “raw gas” are sufficient to do Oklahoma authority holding that extraction of NGLs is necessary to so) and Fankhauser v. XTO Energy, Inc., 2012 WL 601415 (W.D, Okla. put gas in a marketable form and that the costs of such extraction must Feb. 23, 2012) (lease provisions calling for royalties to be based on be borne by the lessee”). Naylor Farms, Inc. Anadarko Oil & Gas Co., 2011 value or proceeds of “raw gas” or of gas “at the well” are not sufficient WL 7053794 (W.D. Okla., Oct. 14, 2011) (granting in part and denying to negate the implied covenant). in part Defendant’s motion to reconsider the court’s July 14, 2011 5. 1994 OK 131, 903 P.2d 259. Order). Two other judges in the Western District of Oklahoma have 6. Id. at ¶¶ 7-8, 903 P.2d at 260-61. rejected the contention that gas must be of mainline pipeline quality to 7. Id. at ¶ 12, 903 P.2d at 262. be marketable, stating that such an argument is “inconsistent with 8. Id. at ¶ 15, 903 P.2d at 262. Oklahoma law.” Foster v. Apache Corp., 285 F.R.D. 632, 642 (W.D. Okla. 9. Id. at ¶ 12, 903 P.2d at 263. 2012); Foster v. Merit Energy Co., 2012 W.L. 6161939, at *4 (W.D. Okla. 10. 1998 OK 7, 954 P.2d 1203. Nov. 21, 2012). 11. Id. at ¶ 19, 954 P.2d at 1208. 26. The principal exception to this would be where a lessee/pro- 12. Id. ducer gathered gas from several nearby leases and moved it to a 13. Id. at ¶ 26, 954 P.2d at 1209. nearby central delivery point for sale to the interstate/intrastate pipe- 14. Id. at ¶ 27, 954 P.2d at 1209-10. line. In such a case, the lessee/producer would incur the cost of mov- 15. Id. at ¶ 29, 954 P.2d at 1210. ing the gas to the central delivery point and potentially could incur 16. Id. at ¶ 30, 954 P.2d at 1210 (emphasis added). off-lease compression, dehydration and/or treating costs if the gas 17. Producers also contend that natural gas produced at the well is needed to be compressed, dehydrated and/or otherwise treated in comparable to crude oil produced at the well, which is universally order to be delivered into the purchaser’s line at the central delivery considered to be a marketable product when produced at the well. point. In the author’s opinion, those “near the lease” activities are what Both natural gas and crude oil contain mixtures of hydrocarbons and the court was referring to in Mittelstaedt as off-lease post-production other chemicals, and both typically undergo downstream processes “field processes” that might be necessary to make gas marketable. 1998 (refining for crude oil and processing for gas) before being sold to end OK 7 at ¶ 21, 954 P.2d at 1208. The author believes it is unlikely the users. A similar process applies to a myriad of other products that are Mittelstaedt court intended that phrase to refer to the distant off-lease processed or refined before being sold to end users. Examples include activities of transporting the gas dozens of miles or more through a corn, cattle, and iron ore. midstream company pipeline to a processing plant, and then process- 18. In support of this argument, royalty owners often refer to mid- ing/compressing the gas at the plant, as contended by the royalty stream company marketing materials saying the midstream company owners’ attorneys in the royalty class action lawsuits. Such distant off- is producing marketable products by processing the gas. However, lease activities were undertaken by producers infrequently, if at all, at those materials refer to making the gas and extracted NGLs market- the time Mittelstaedt was decided. Had the court in Mittelstaedt intend- able to end users, and marketability to end users should not be the test ed to rule that such distant off-lease activities were necessary to make of marketability for gas any more than it is for crude oil, corn, cattle, gas a marketable product by making it acceptable into a mainline iron ore, or other commodities that are typically sold to refiners, pro- transmission line, it seems likely the court would have explicitly said cessors, or other midstream companies in a distribution chain and also that acceptability into a mainline transmission line was required for undergo a myriad of processes and changes before being marketable to gas to be a marketable product, rather than emphasizing the factual end users. nature of the question, id. at ¶ 26, 954 P.2d at 1209, the need to examine 19. See, e.g., Brumley v. Conoco Phillips, Case No. CJ-2001-5, D. Ct. any costs “on an individual basis,” id. at ¶ 19, 954 P.2d at 1208, and the Texas Cty.; Robertson v. Sanguine, Case No. CJ-02-140, D. Ct. Caddo importance of custom and usage in the industry in determining what Cty.; Velma-Alma v. Chesapeake Energy Corp., Case No. CJ-02-331E, D. Ct. activities were necessary to make a marketable product, id. at ¶¶ 20, 23, Stephens Cty.; Velma-Alma v. Texaco, Case No. CJ-02-304E, D. Ct. Ste- 26, 954 P.2d at 1208-09. Further, there would have been no need for the phens Cty; Mitchusson v. EXCO Resources, Inc., Case No. CJ-2010-32, D. court to discuss the concept of “excess dehydration to an already mar- Ct. Caddo County. These cases typically alleged fraud and breach of ketable product,” id. at ¶ 26, since gas acceptable to a mainline trans- fiduciary duty also, and sought to recover alleged royalty underpay- mission line already is “dry” and not subject to further dehydration. ments going back to the 1980s. Because the Oklahoma Production 27. See Wood and TXO, supra, and Johnson v. Jernigan, infra at n. 35. Revenue Standards Act provides that unpaid royalties bear interest at 28. See Associated Gas Distributors v. F.E.R.C., 824 F.2d 981, 993-96 12 percent compounded annually, 52 O.S. §570.10.D, the potential (D.C. Cir. 1987) (describing FERC’s efforts to accomplish a “complete exposure for principal and interest alone generally ranged from tens of restructuring of the natural gas industry” through Order 436’s unbun- millions of dollars to middle or upper eight figure amounts, and some- dling of the pipeline companies’ transportation and merchant roles); times exceeded one hundred million dollars. Given the uncertainty in Transwestern Pipeline Co. v. F.E.R.C., 897 F.2d 570, 573 (to same effect); the law and the huge dollars at stake, it is perhaps not surprising that American Gas Ass’n v. F.E.R.C., 912 F.2d 1496, 1503 (D.C. Cir. 1990) (to the producers and royalty owners would reach a settlement rather same effect); see also Foster v. Merit Energy Co., supra at 547 (referring to than risk a complete loss to one side or the other. the “radical changes in the business of natural gas production, process- 20. 282 F.R.D. 541 (W.D. Okla. 2012). ing and distribution in the last three decades”). 21. Id. at 548-49, quoting from Byron C. Keeling and Karolyn K. 29. See, e.g., Owen L. Anderson, Royalty Valuation: Should Royalty Gillespie, The First Marketable Product Doctrine: Just What is the “Prod- Obligations Be Determined Intrinsically, Theoretically, or Realistically? Part uct,” 37 St. Mary L.J. 1, at 65 (2005). 2, 37 Natural Resources J. 611 at 634, n. 104 (hereafter, “Anderson”): 22. Id. at 550. Until recently, gas was customarily sold at the well or in the 23. Id. at 550, fn. 8. vicinity of the field to pipelines who acted as merchants of gas.… 24. Id. at 550, fn. 9. Today, because pipelines are now regulated as common carriers, 25. In Hill v. Marathon Oil Co., No. CIV-08-37 (W.D. Okla.), Judge gas may be sold at the well, in the vicinity of the field, or at some Russell sought to obtain clarification of the marketable product issue distant market. In other words, there are potentially multiple by certifying three questions to the Oklahoma Supreme Court, includ- markets for gas produced from a single field. ing the question of: 30. 1998 OK 7 at ¶¶ 20, 23 and 26, 954 P.2d at 1208-09.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 145 31. 1943 OK 417, 143 P.2d 1002. on all the facts. For example, in some areas sour gas containing exces- 32. 1943 OK 417, at ¶ 6, 143 P.2d at __. sive hydrogen sulfide is not acceptable to commercial buyers. In those 33. Id. at ¶¶ 34-36, 143 P.2d at __. areas, if a producer were to convince someone who was not in the busi- 34. Id. at ¶¶ 37, 143 P.2d at __ (emphasis added). ness of buying gas to purchase his gas, treat it so as to make it accept- 35. 1970 OK 180, 475 P.2d 396. able to commercial buyers, and then resell it to a commercial buyer at 36. 1970 OK 180 at ¶ 4, 475 P.2d at __. a price sufficient to recoup the treating cost, the sale to such a non- 37. Id. at ¶ 5, 475 P.2d at __ (emphasis added). commercial buyer would not mean the gas was a marketable product. 38. 2004 OK 92, 112 P.3d 1154. However, in other areas where such gas was routinely purchased by 39. 2004 OK 92 at ¶ 17, 112 P.3d at __ (emphasis added). commercial buyers in the business of buying gas of that type, that gas 40. 3 Eugene Kuntz, Law of Oil and Gas, §40.5(b) (1989) (empha- would be a marketable product. As discussed by Professors Kuntz and sis added). Anderson, these results are exactly what an analysis based on the 40. 2001 OK 22, 22 P.3d 223. market realities of a commercial market call for. 42. Id. at n. 1. 47. Anderson, supra at 634, n. 104. 43. Anderson, supra at 634, 642-43, 645 (emphasis added). 48. Id. at 637, n. 138. 44. The last sentence, and the phrase “of a type” in the last two sentences, make it clear that gas from a particular well can be a marketable product even though potential buyers may not be willing to extend a line to the particular well because, for example, of the well’s About The Author location or other reasons unrelated to the quality of the gas (such as an oversupply of gas). As shown by Johnson v. Jernigan and Mittelstaedt, gas can be a marketable product even though there is no market avail- Richard B. Noulles is a share- able at the well. holder in the Tulsa office of 45. Additionally, the proposed standard is consistent with what Justice Opala proposed in his partial dissent in Mittelstaedt as the test GableGotwals. He is a 1970 for determining whether a producer had obtained a “first marketable graduate of Rice University and product,” namely that the fact finder dertermine “the point of production at which there are both willing sellers and buyers.” Mittelstaedt, a 1975 graduate of the Univer- 1998 OK 7, ¶ 24 (Opala, J., dissenting in part). The proposed standard sity of TU College of Law. He also is consistent with the decisions of Justices Taylor and Reif in a case in which Justice Taylor was the District Judge and Justice Reif was on has represented a number of pro- the Court of Civil Appeals. See Watts v. Amoco Prod’n. Co., Case No. ducers in several gas royalty class C-2001-73 (D. Ct. Pittsburgh County, Order dated Dec. 10, 2002, at 5-6) action lawsuits throughout Okla- (finding that gas in the counties at issue “was marketable at the wellhead” based on wellhead sales to midstream companies), aff’d., Case homa. The opinions in this article are his alone and No. 98,782 (Okla. Ct. Civ. App., Order dated Sept. 14, 2004, at 3) (“gas do not necessarily reflect those of other GableGotw- produced by the wells in question was marketable at the wellhead”). 46. Of course, if such activities are undertaken by a non-commer- als attorneys or clients of the firm. cial buyer, the gas may or may not be a marketable product, depending

146 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 SCHOLARLY ARTICLE

Is There Anybody Out There? Suit Against a John Doe Defendant By Mark B. Houts

his article addresses two issues: 1) whether the plaintiff in a tort action may proceed against an unidentified driver, i.e., Ta “John Doe” defendant, specifically through service by publication and default judgment and 2) if the first issue is answered in the affirmative, whether a default judgment granted against a “John Doe” defendant may be enforceable against a liability insurer that provided coverage for the vehicle driven by the John Doe defendant at the time of the accident.

Obviously, this issue will arise only in rare court answers the first question in the affirma- circumstances. Frequently, however, the rare tive, the court would likely require an insurer circumstance leads to litigation. Such a circum- to pay damages up to policy limits. However, stance might arise out of a night of drinking “John Doe’s” failure to make his identity known wherein a “new friend” testifies ipse dixit to his could be viewed as a breach of the cooperation or her expertise in driving under the influence. clause. Thus, a court would probably find that Then, when such testimony fails the Daubert the insurer should indemnify a John Doe up to standard when faced with a roadside telephone the compulsory liability limits. pole, this new friend evaporates leaving noth- FILING, SERVING AND DEFAULTING ing but the residue of a few fingerprints on the AGAINST ‘JOHN DOE’ steering wheel. In such a case, the phantom driver may be insured under the owner’s poli- Many states have implemented statutes gov- cy as a permissive user. Barring unusually erning the use of a fictitious name. Oklahoma effective detective work, however, this permis- formerly had such a statute, which has since sive user will likely never be identified. Thus, a been repealed. That statute, formerly codified passenger in the vehicle will be left in the unen- as 12 O.S. §320, provided as follows: viable position of attempting to maintain a When the plaintiffs shall be ignorant of the claim against an unknown driver with a known name of a defendant such defendant may insurer. be designated, in any pleading or proceed- Oklahoma law is not settled on the first issue. ing, by any name or description, and when Federal courts, however, generally agree that, his true name is discovered, the pleading or where a plaintiff cannot ascertain the name of a proceeding may be amended accordingly. known defendant, the plaintiff may use a ficti- The plaintiff, in such case, must state in his tious name solely for purposes of conducting petition that he could not ascertain the true discovery to learn the identity of such a defen- name; and the summons must contain the dant. Regarding the second issue, an insurer words, ‘real name unknown,’ And a copy must usually answer any judgment against its thereof must be served personally upon the insured for which coverage applies. Thus, if a defendant.1

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 147 Although the Oklahoma Thus, to say the least, an courts have not addressed the …a fictitious name insurer contesting a garnish- specific issue of a plaintiff’s ment arising out of a default ability to pursue judgment serves little purpose judgment against a John Doe against a John Doe defendant insured would not lack sup- since the repeal of §320, the aside from acting as a port for its position that, as a courts have addressed related placeholder to allow a fictitious construct, the John issues. Doe defendant lacked suffi- For instance, in Gonzales v. plaintiff to determine cient basis in reality to permit Combined Insurance Company of the identity of a proper a garnishor to proceed against America,2 the Court of Civil the insurer. Appeals addressed a situation party defendant. The majority of cases ad- wherein the district court en- dressing suit filed against a tered default judgment against John Doe deal with the “rela- a negligent driver. The district tion back” doctrine, i.e., wheth- court then denied a motion to vacate default er an amended pleading will relate back to the judgment filed by the driver’s employer and date of filing the initial pleading for statute-of- entered partial summary judgment against the limitations purposes.5 It is widely recognized, employer. The appellate court held that the trial however, that a fictitious name serves little pur- court “abused its discretion in denying the peti- pose aside from acting as a placeholder to allow tion to vacate the default judgment because a plaintiff to determine the identity of a proper there was no notice given to [employer] despite party defendant.6 In other words, allowing a the fact that [it] was an interested party and had plaintiff to use a fictitious name for a defendant filed an answer.” The court further held that the will serve the dual purposes of: 1) preventing employer would not be bound by default judg- any prejudice to the plaintiff when the plaintiff ment against a co-defendant when the employer cannot ascertain the identity of a proper defen- had no opportunity to be heard on the issue.3 dant within the statute of limitations, and 2) The Gonzales opinion sheds some light on allowing the plaintiff to utilize discovery in issues presented in this article, due largely to order to determine the identity of the proper the distinctions between Gonzales and the fact defendant. pattern assumed here. Under the facts assumed Upon designating an unidentified defen- in this article, the insurer would have actual dant by using a fictitious name, a due- notice of the litigation, but would not be a diligence obligation is imposed upon a party to the litigation. On the other hand, the plaintiff to bring the real defendant into employer in Gonzales lacked the ability to control the litigation and to subject that defendant the defense of the allegedly-negligent employee, to the jurisdiction of the particular court by whereas an insurer would have the opportunity proper reasonable notice and diligent ser- to control the defense of John Doe (at least from vice. For the fictitious-party practice rule to a contractual standpoint), even though the insur- operate, a specific claim must be filed against er would lack any helpful information regarding a described, though unnamed, party within John Doe’s true identity. the statute of limitations, and the plaintiff A number of courts have expressed disdain must diligently seek to identify the ficti- for naming a “John Doe” defendant. tiously named defendant. The identification John Doe is a mere figment of the law’s of fictitious defendants joined in an action imagination, with no more existence as a pursuant to a procedural rule must be made real suitor than Mercury has as a real god. within a reasonable time after the expiration Only during high poetic transport does the of a period of time specified under another law regard him as a true, objective person- rule for the filing of plaintiff’s statement of ality. Though born of the muse, he is dry readiness. In federal court, “John Doe” and commonplace enough to be engaged defendants must be identified and served in the extensive real estate business which within 120 days of commencement of an he pretends to carry on, but in very truth, action against them. John Doe defendants who are never identified or served are never he is a phantom — a legal will-o’-the-wisp, 7 an ingenious conceit of the law in its rapt made parties to the action. poetic moods.4

148 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 No statute or rule governs this issue in fed- JURISDICTION eral courts.8 However, there seems to be con- Attempted service on a John Doe defendant sensus among federal courts that a plaintiff raises jurisdictional issues as well. may give a fictitious name for a defendant only for purposes of ascertaining the true identity of In personam jurisdiction is the power to the proper defendant, as discussed above. Fed- deal with the person of the defendant and eral courts generally dismiss any defendant to render a binding judgment against the identified by a fictitious name if the plaintiff is defendant. Jurisdiction of the person is unable to ascertain that defendant’s proper acquired by service of process or by volun- identity within a reasonable period of time.9 tary appearance before the court.14 In Newdow v. Robert, the DC Circuit recog- In other words, effective service is a necessary nized that courts will entertain suit against a element of personal jurisdiction. The Oklahoma John Doe defendant, “but only in situations statute governing service of process further pro- where the otherwise unavailable identity of the vides that “[a] court of this state may exercise defendant will eventually be made known jurisdiction on any basis consistent with the through discovery.”10 The Western District of Constitution of this state and the Constitution of Pennsylvania has recognized “conflicting author- the United States.”15 Thus, federal law discuss- ity on the question of whether fictitiously named ing invocation of personal jurisdiction over a Defendants must be dismissed.”11 Under the cir- John Doe defendant is instructive. cumstances presented in that case, the court The Western District of Washington addressed allowed “the Doe defendants to stand in for the a situation wherein a prisoner sued a John Doe alleged real parties until discovery permits the defendant whom the prisoner alleged had intended defendants to be installed.”12 wrongfully designated him as “gang affiliated,” Although state courts — particularly those resulting in his segregation from the general with controlling statutes in place — seem to be prison population and subsequent assault.16 more lax in their handing of John Doe defen- The District Court found insufficient informa- dants, federal courts allow plaintiffs to name a tion identifying the John Doe defendant and John Doe defendant only for the purposes of dismissed for lack of jurisdiction. conducting discovery directed toward learning It is clear at this juncture that plaintiff is the true identity of the proper party defendant. unable to identify defendant John Doe I Because Oklahoma does not have any control- with sufficient specificity to allow the Court ling statute in place, Oklahoma courts should to effectuate service. Because the Court is follow the federal courts on this issue.13 unable to serve John Doe I, the Court has Regarding default judgment, courts should no personal jurisdiction over this defen- look to Rule 16 of the Oklahoma Rules for Dis- dant. Accordingly, plaintiff’s claims against trict Courts. That rule provides a list of criteria John Doe I must be dismissed pursuant to a district court should consider in determining Fed.R.Civ.P. 12(b)(2) for lack of personal whether to permit default judgment to be jurisdiction.17 taken against a defendant served solely by The United States District Court for the Dis- publication. Tellingly, the rule presupposes trict of Columbia addressed claims of Internet knowledge of the identity of the anticipated piracy brought against a number of John Doe opponent in that the rule focuses on whether defendants. The court ultimately allowed the the plaintiff has attempted to ascertain the case to proceed for purposes of jurisdictional whereabouts of that party and whether the discovery. person is living. Thus, the lack of discussion regarding the identity of the person, as opposed [A]t this juncture when no putative defen- to ability to locate the person, could serve as dant has been named, the Court has limited evidence that the Supreme Court intended for information to assess whether any putative service by publication only against an ascer- defendant has a viable defense of lack of tainable defendant. Of course one could also personal jurisdiction or to evaluate possible argue the opposite conclusion, that the Supreme alternate bases to establish jurisdiction. . . . Court did not mention “identity” of an indi- When the defendants are named, they will vidual defendant because this was assumed to have the opportunity to file appropriate fall within the other factors. motions challenging the Court’s jurisdic-

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 149 tion and that will be the appropriate time to consider this issue.18 …an Oklahoma court would The Supreme Court of Bronx County New York recognized a statute that allowed a plain- likely be disinclined to permit tiff to proceed against defendant whose name pursuit of recovery against a is unknown. “However, jurisdiction is not acquired over such a ‘John’ or ‘Jane Doe’ unless defendant whose identity cannot the process is served in such a manner as to give that unidentified person notice that he or be ascertained. she is being summoned to court.”19 Because Oklahoma has no equivalent statute, it seems doubtful that an Oklahoma Court the insured and has nothing to do with the would have “the power to deal with the person merits. The judgment creditor may claim no of the defendant and to render a binding judg- greater rights against the garnishee than the ment against the defendant” when that court judgment debtor possesses. An insurer’s does not even know the identity of the defen- liability to the insured can be neither created 24 dant. Given the lack of such a governing statute nor enlarged in a garnishment proceeding. and extant Oklahoma law regarding personal The garnishment begins with the filing of a jurisdiction, an Oklahoma court would likely be garnishment affidavit, which must be served disinclined to permit pursuit of recovery against upon the garnishee. Furthermore, “a garnish- a defendant whose identity cannot be ascer- ment lien attaches at the time the garnishment tained. However, an Oklahoma court might summons is served upon the garnishee,” and at allow a plaintiff to pursue limited discovery for that time, “the debtor’s property in the posses- purposes of determining the true identity of sion or control of the garnishee is placed in cus- the potential defendant. todia legis or in the custody of the court.”25 Title LIABILITY OF INSURER FOR to the subject property does not, however, auto- “JOHN DOE” FOLLOWING DEFAULT matically transfer to the judgment creditor.26 Garnishment in General A garnishee must answer the garnishment affidavit within 10 days of service.27 The answer Garnishment in Oklahoma is governed by must set forth whether the garnishee believes it statute.20 “A post-judgment garnishment pro- is liable and, if the garnishee denies any liabil- ceeding ‘is a special and extraordinary remedy ity, the reasons for the denial.28 A garnishment given only by statute,’ which allows a judg- answer will be held sufficient, however, even if ment creditor to secure payment of a judgment the answer merely denies any liability.28 Fur- through enforcing a liability owed to the judg- thermore, if the judgment debtor fails to con- ment debtor by a third party.”21 test the garnishee’s denial of liability, the court Any creditor shall be entitled to proceed by will deem the garnishee’s denial of liability as garnishment in any court having jurisdic- “conclusive as to the truth of the facts asserted 30 tion against any person who shall be therein.” indebted to the creditor’s debtor or has any A judgment creditor must also give the property in his possession or under his judgment debtor notice of the garnishment control belonging to such creditor’s debtor, proceedings. in the cases, upon the conditions, and in the manner described by law.22 In all cases of garnishment before judgment, the defendant in the principal action Through garnishment, a judgment creditor shall be given notice of the issuance in said may recover from an insurer that is obligated action of any garnishee summons, the date to answer for a judgment debtor. A judgment of issuance of said summons, and the name creditor’s right to recover from an insurer “is of the garnishee.31 defined by the language of the Policy and the obligations of law imposed by the Legislature Failure to give proper notice of garnishment on those who provide coverage.”23 proceedings to the defendant will preclude the plaintiff from prevailing in the garnishment As against an insurer, the remedy is “in aid action, as the court will lack jurisdiction over of and ancillary to the main action” against the garnishment proceeding.32

150 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Garnishment’s Relationship to Breach of plaintiff is unable to do so, federal courts will Cooperation Clause dismiss the John Doe defendant. The entry of default judgment against an If, however, an Oklahoma court finds other- insured does not unequivocally resolve the wise and allows service upon and default judg- issue of an insurer’s liability to satisfy that ment against a John Doe defendant, then the judgment.33 Thus, an insurer has standing to judgment will probably be enforceable against contest certain issues in a garnishment action an insurer, at least up to the minimum liability brought against it as a result of judgment limits. Oklahoma public policy favors insurance against its insured. coverage for an innocent third party. Thus, in circumstances similar to those addressed here, Importantly, an insurer may deny coverage the Oklahoma appellate courts have required based upon the insured’s failure or refusal to an insurer to indemnify a defendant when the cooperate with the insurer in the defense of insurer might otherwise have correctly denied claims against the insured. “An insured . . . has coverage, though the insurer was liable only in an obligation to cooperate with the insurer, 34 the amount of Oklahoma’s minimum compul- which is both contractual and implied in law.” sory liability limits. Interestingly, the duty to cooperate has been held to continue even after the insurer denies From a practical standpoint, Oklahoma plain- coverage. “[A]n insured’s failure to keep an tiff lawyers should name “John Doe” defen- insurer informed of critical post-denial devel- dants any time the identity of a defendant is opments may modify, excuse or provide a unknown or uncertain. The plaintiff should defense to the performance of an insurer’s con- diligently attempt to discover the identity of tractual duties.”35 Courts have recognized that any such John Doe defendant and substitute an insured’s failure to communicate with the proper defendant when and if the proper defense counsel may constitute a violation of party is identified. If the proper party cannot the cooperation clause warranting denial of be identified, the plaintiff should essentially coverage.36 Regardless, an insurer denying a ignore the issue and allow any named defen- claim on a liability policy for failure to cooper- dant and/or concerned insurer to raise the ate must prove prejudice as a result thereof.37 issue with the court. Where an insurer asserts lack of coverage as Due to uncertainty in this area, an insurer a defense to garnishment, Oklahoma courts should intervene in the action against John will, in many instances, require an insurer to Doe, seeking declaratory judgment on how the compensate the injured third party up to the insurer should proceed. compulsory minimum limits, so long as there An insurer who disputes the insured’s was a policy in place.38 The courts have applied demand to defend has three options. It can this point of law in cases involving default judg- (1) seek declaratory relief that would define ment.39 Thus, although the Oklahoma courts the insurer’s rights and obligations; (2) have not thoroughly addressed the issue of an defend the insured under a reservation of insured’s failure to cooperate as a defense to a rights, or (3) refuse to take any action at the garnishment action, courts will probably hold peril of being later found in breach of its that coverage exists to the minimum limits. duty to defend.40 CONCLUSION Under the facts presumed here, an insurer Because the Oklahoma courts have not should consider intervening in the underlying recently addressed the issue of a plaintiff’s suit action and asking the court to determine against a John Doe defendant, it is difficult to whether the insurer owes a duty to defend a predict precisely how a court will rule. How- John Doe defendant. If so, then the court ever, federal case law on this issue should be should determine whether it has personal persuasive, considering neither Oklahoma nor jurisdiction over a defendant of unknown federal courts have a rule in place addressing identity. If the court determines it does have the naming of fictitious defendants. In this jurisdiction, then the insurer should seek regard, federal courts allow a plaintiff to name declaratory judgment regarding the insurer’s fictitious defendants, but require the plaintiff duty to indemnify an unidentified defendant.

to diligently seek to ascertain the identity and 1. High v. Southwestern Ins. Co., 1974 OK 35, 520 P.2d 662, 664. proper naming of such defendant. Then, if the 2. 2002 OK CIV APP 101, 57 P.3d 109.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 151 3. Id. at ¶18. imposing liability for the judgment under an insurance policy ignores 4. Walker v. Huddleston, 261 S.W.2d 502, 506 (Mo.App.1953) (quot- the required intermediate step, a determination of coverage”); Baldridge ing Rutherford v. Hobbs, 1879 WL 2494, 2 (Ga. 1879)). v. Kirkpatrick, 2003 OK CIV APP 9, 63 P.3d 568, 572 (“It would be funda- 5. See, e.g., 63B Am.Jur. 2d Products Liability §1561 (“Some states mentally unfair to hold GuideOne responsible at this point when it permit John Doe complaints, and in some cases, such complaints toll received no notice or opportunity to defend until after the fact”). the applicable statute of limitations, while in other instances, the sub- 34. First Bank of Turley v. Fidelity and Deposit Ins. Co. of Maryland, stitution of the real party relates back”). 1996 OK 105, 928 P.2d 298, 304 (citations omitted). 6. See, e.g., 59 Am.Jur. 2d, Parties §17 (recognizing the necessity of 35. Alea London Ltd. v. Canal Club, Inc., 2010 OK CIV APP 33, ¶14, a “subsequent substitution of the person’s true name when it is discov- 231 P.3d 157, 160. ered” and further recognizing the purpose of fictitious naming as 36. Vaughan v. ACCC Ins. Co., 725 S.E.2d 855, 858-59 (Ga.App. 2012) enabling the plaintiff to ascertain the identity of a proper defendant (Insured asserted she failed to communicate with attorney hired by “through the use of judicial mechanisms such as discovery”). insurer because she had moved but did not update her contact infor- 7. 59 Am.Jur. 2d Parties §20. mation and did not have a “stable phone number;” court deemed these 8. 139 A.L.R. Fed. 553. excuses insufficient to justify her failure to cooperate, such that insurer 9. Redd v. Dougherty, 578 F. Supp. 2d 1042, 1049 (N.D. Ill. 2008) aff’d was entitled to withdraw coverage based on that noncooperation); sub nom. Redd v. Nolan, 663 F.3d 287 (7th Cir. 2011) (dismissing John Assurance Co. of America v. MDF Framing, Inc., 338 Fed.Appx. 625, 627, Doe defendant following the passage of “120 days [of] the filing of 2009 WL 2013512, 2 (9th Cir. 2009) (failure to cooperate resulting in Plaintiff’s complaint, and the unknown defendants have not been default judgment deemed sufficient to warrant grant of summary identified or served”). See also Greczyn v. Colgate-Palmolive, 869 A.2d judgment insurer’s “action seeking a declaration that Assurance has 866, 869-70 (N.J. 2005) (“Plaintiff shall on motion, prior to judgment, no obligation to defend and indemnify its insured); American Transit amend the complaint to state defendant’s true name, such motion to be Ins. Co. v. Fuentes, 771 N.Y.S.2d 295, 297 (N.Y.Sup. 2003) (insured’s accompanied by an affidavit stating the manner in which that informa- refusal to communicate with insurer and counsel deemed “willful lack tion was obtained”). of cooperation warranting a disclaimer of insurance coverage”); Travel- 10. 603 F.3d 1002, 1010-11 (D.C. Cir. 2010). ers Indem. Co. of America v. Pullini Water Services, Inc., 35 A.D.3d 846, 11. Johnson v. City of Erie, PA, 834 F. Supp. 873, 878 (W.D. PA 1993). 847, 828 N.Y.S.2d 130, 131 (N.Y.A.D. 2 Dept. 2006) (insurer demon- 12. Id. (citing Scheetz v. Morning Call, Inc., 130 F.R.D. 34 (E.D.Pa. strated “through affidavits of its employee and of private investiga- 1990)). tors, as well as written correspondence, that it made diligent efforts to 13. See, e.g., Brill v. Walt Disney Co., 2010 OK CIV APP 132, ¶9, 246 secure [insured’s] cooperation, that the efforts were reasonably calcu- P.3d 1099, 1103 (citing Johnson v. Ford Motor Co., 2002 OK 24, ¶26, 45 lated to obtain that cooperation, and that [insured] willfully obstructed P.3d 86, 95) (“While a federal court decision is not binding or control- the [insurer’s] defense of the underlying action” in such a way as to ling on an Oklahoma court construing Oklahoma law, it is persuasive implicate the cooperation clause). But see, Wausau Ins. Co. v. Home in the absence of authoritative state law”). Indem. Co., 151 Misc.2d 302, 306, 573 N.Y.S.2d 247, 250 (N.Y.City Civ. 14. Conoco, Inc. v. Agrico Chem. Co., 2004 OK 83, ¶16,115 P.3d 829, Ct.,1991) (“An insurer which has timely notice of an accident, attempts 834 (citations omitted). to arbitrate a claim arising out of that accident and has notice of a 15. 12 O.S. §2004 (F). default judgment — and does nothing — may not deny coverage on 16. Driggers v. Doe I, C11-1630-JCC-MAT, 2012 WL 3763537 (W.D. the ground that its insureds ‘failed to cooperate’”). Wash. July 13, 2012) report and recommendation adopted, C11-1630- 37. O’Neill v. Long, 2002 OK 63, ¶25, n. 11, 54 P.3d 109, 115-16 (“To JCC, 2012 WL 3762743 (W.D. Wash. Aug. 29, 2012). prevail on its affirmative defense of failure to cooperate, State Farm 17. Id. at *4 (footnote and citations omitted). must demonstrate that the absence of the insured was prejudicial to its 18. Call of the Wild Movie, LLC v. Does 1-1,062, 770 F. Supp. 2d 332, interest”). 347 (D.D.C. 2011). 38. Tapp v. Perciful, 2005 OK 49, 120 P.3d 480, 483-84 (“the automobile 19. Harak v. Lydig Superette, Inc., 1994, 161 Misc.2d 445, 613 N.Y.S.2d business exclusion in Harmon’s liability insurance policy is contrary, to 582 (Sup.Ct.Bronx Co.). the extent of the minimum amount required by the statute, to the public 20. 12 O.S. §1170 et seq. policy inherent in the Compulsory Liability Insurance law”). 21. Sisk v. Gaines, 2006 OK CIV APP 117, 144 P.3d 204, 207-08 (cita- 39. Mulford v. Neal, 2011 OK 20, 264 P.3d 1173, 1186 (“plaintiffs were tion omitted). entitled to summary judgment against the garnishee on the . . . policy 22. 12 O.S. §1171 (A). up to the minimum amount of liability insurance mandated for the 23. Sisk, at 208. protection of the general public, as a matter of law”); Sisk v. Gaines, 24. Id. at 207 (citation omitted). 2006 OK CIV APP 117, 144 P.3d 204, 210. 25. DPW Employees Credit Union v. Tinker Federal Credit Union, 1996 40. First Bank of Turley v. Fidelity and Deposit Ins. Co. of Maryland, OK CIV APP 106, 925 P.2d 93, 95 (citations omitted). See also 12 O.S. 1996 OK 105, 928 P.2d 298, 304-05 (citations omitted). Worth noting, §1185. Turley involved a “claims-made policy” wherein the insured actually 26. Id. tendered a demand for defense. 27. 12 O.S. §1173.3 (E). 28. Id. at (E)(1). 29. Miller v. American Trust Ins. Co., Ltd., 931 F.2d 703, 704 (10th Cir. About The Author (Okla.) 1991). 30. Id. at 704-05. 31. 12 O.S. §1174 (A). Harrison v. Williams, 1922 OK 351, 218 P. 305, Mark B. Houts is an associate 306 (affirming trial court’s dismissal of garnishment action where “the with the Edmonds Cole Law Firm record fail[ed] to disclose that the principal defendants, necessary parties to the garnishment proceeding, were made parties in the trial in Oklahoma City. Mr. Houts court”). graduated from the University of 32. Harrison v. Williams, 1922 OK 351, 218 P. 305, 306. See also State Nat. Bank of Shawnee v. Wood & Co., 1922 OK 122, 212 P. 1002 (syllabus Oklahoma College of Law in 2006, by the court) (recognizing mandatory nature of service upon judgment where he served as articles editor debtor). 33. Alea London Ltd. v. Canal Club, Inc., 2010 OK CIV APP 33, ¶14, 231 on the Oklahoma Law Review. P.3d 157, 160 (“Jumping analytically from the fact a judgment exists to

152 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 BAR NEWS

New Year, New Online Services Provider for OBA/CLE

The OBA/CLE Department has ings to the OBA Technology switched to a new online learning Committee, it was agreed that platform through Peach New Peach’s core values focusing on Media. We are excited about the customer service, proven meth- opportunities that lie ahead for odology and flexibility offers the online continuing legal educa- best fit for the future of our asso- tion, and we think you will be ciation management system.” too. We know you will “We are thrilled to be be impressed by the ease working with the Okla- of use, quality of the homa Bar Association to video and audio stream- What’s in for you? build on an already suc- ing, extra features and • Easy to use cessful CLE program,” especially their 24/7 said Peach Chief Execu- customer service and • High-quality video and audio tive David Will. “Togeth- technical support. • 24/7 customer service and tech support er, OBA and Peach are There are currently capable of providing over 90 online programs • Accessible from any mobile device excellent CLE topics available for purchase, • Login at https://oba.peachnewmedia.com with incredibly easy-to- and we will have almost using your email and pin. Your account use technology and 200 plus electronic forms white-glove customer and materials within the has already been created! service. Our user-friend- next 60 days, once the ly, reliable and easy to transition from our previ- use technology allows ous provider is complete. for ubiquitous learning With 24/7 availability, you can easily meet your through mobile access and exceptionally easy-to- MCLE requirements whenever and wherever it is view content.” convenient as long as you have either a comput- If you are an OBA member, you already have er, phone, iPad, Android or other device. an account created. All you have to do is login at “I am excited about improving services to our https://oba.peachnewmedia.com using your members,” OBA Director of Educational Pro- email address on file with the OBA and your grams Susan Damron Krug said. “Over the past member pin as your password. If you need to year, we have spent countless hours evaluating check or update your email address, call 866-702- and comparing our existing services to other 3278 (press 1 for customer support). We will keep third-party vendors. After presenting our find- you updated as new features become available.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 153 FROM THE EXECUTIVE DIRECTOR

2014 By John Morris Williams

Yes, change your calendars, end you will form new habits pay attention to how you date that will positively affect things for a few days and pon- everything else in your life. der on the beginnings of a new Love often. If you have the year. For some reason we seem good fortune to love your to like a lot of anniversaries in work, your family and your our lives. New Year’s just hap- friends, you are among the pens to be the anniversary of luckiest people in the world. the earth making a rotation As lawyers, it is rare that work around the sun. Funny, that does not include people. Often one particular day is set out as strangers coming through the the day of new beginnings — door with troubles and anxiet- the day of starting new tradi- someone who needs your care ies appear before your desk tions and ending bad habits. and compassion and that you seeking solutions and solace. Resolutions we call them. have the rich reward of doing Some of these folks are easier Those high-minded, going to the thing that most drove you to love than others. lose 20 pounds, start going to be a lawyer — helping other to church or stop smoking — people. ideas that sometimes stick Giving more than you take and often don’t. is an old adage. It is sort of So, I propose no specific res- In 2014, live like leaving the campsite in olutions this year. Simply, live better shape than you found it. well, love often and give more well, love often Good advice, but not the than you take. Now, I know and give more than whole enchilada. Giving more that in the grand scheme of than you take is good busi- the practice of law this does you take. ness. It is the act of protecting not seem germane. However, I and nurturing the systems that want to argue my case a bit. sustain us. It is the essence of the continuation of species, Lawyers are among the rare Living well means not only both in the bigger sense and in professions that at times have material wealth but also physi- the professional sense. If we as people appointed to us. That cal and mental well being. lawyers do not give back and is, you have no choice; the Being “healthy, wealthy and protect the systems that sus- court says “here is your cli- wise” has been a long-stand- tain us, there will not long be ing standard for living well. So ent.” These are often the poor- any system that is worth sus- this year resolve to live well as est, least capable and often- taining. you may define that term. You times most despised people in will find that upping the ante the community. If anyone As we begin this new year, on living well will probably needs to be loved, it is these be mindful that we inherited a up the ante on time spent and folks. I hope that sometime in great legal system that was labor expended to increase 2014 you have the good for- created and defended by the your living well index. In the tune to take under your wing blood, sweat and tears of those

154 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 who gave more than they got. Okay, that was a bit of a ser- In 2014, live well, love often Some paid the ultimate sacri- mon. However, 2014 (like and give more than you take. fice. Besides being selfish, fail- every other year) holds poten- If we each promise to do that ing to give back and help sus- tial for both good and disaster. professionally and personally, tain our legal system will cer- I just am hopeful this year that I am certain 2014 will be the tainly in the long run affect you resolve to live well, love best year ever. how well each of us lives. In often and give back. Each of 2014, pay attention to attacks these categories requires a on the legal system, pay atten- healthy body, mind and soul tion to needs of those who to unite to get the best result. cannot afford legal counsel Those are the same attributes and lastly, do something so that sustain us during times of To contact Executive Director that the system is better than disaster as well. Williams, email him at johnw@ when you found it. okbar.org.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 155 LAW PRACTICE TIPS Adopting Mobile Technology What Does that Mean for Today’s Lawyers? By Jim Calloway Two friends are having and carried by the recipient The Internet has had a major lunch. One is a former client. anyway? It has been a long impact on business, creating The other mentions a need to time since two people sitting dot-com millionaires and retain a lawyer. Your satisfied in a car needing to find a local wrecking entire industries. former client says that she lawyer (or any local business) Mobile Internet access chang- used you and recommends have thought that they need es things even more. Lawyers you as a lawyer. Then she to go locate a public telephone in private practice are in busi- picks up her phone, does a that will hopefully have a tele- ness and cannot afford to quick search, locates your phone book. ignore these trends. website and texts the site to According to a 2013 Nielsen WHAT DOES THIS MEAN? the friend. The friend looks at report, 94 percent of consum- the information on her phone It has been true for several ers in the U.S. have a mobile for a moment and then they years now that, with a very phone, and the majority of go back to lunch. The text few exceptions, any lawyer in those phones are smart- message with the link remains private practice or law firm phones. Tablets have not on her phone. should have a website and reached that level of market would want to visit it periodi- Someone has had to bail a saturation, but one market cally, just to make certain it is relative out of jail. As they research firm estimates that still working correctly. It’s also leave the bondsman’s office, tablet shipments will grow true that the smart lawyer will they are told there will be a from 121 million units in 2012 enter her name (and law firm court appearance in a few to 416 million units by 2017. name) into Google and/or days and they will need to (Those statistics come courtesy other search engines several hire a lawyer. They sit in the of Robert Ambrogi’s article times a year just to see what car, discussing the situation. “As the World Goes Mobile Is people looking for her will Neither of them has ever Your Marketing up to Speed?” find. In addition, trying a few retained a lawyer before, nor in Law Practice Magazine.1 It is sample searches that someone can they think of anyone that recommended reading as a might use to find a lawyer they know who has. What companion piece.) like you in your area could happens next? One of them The Internet has changed be useful. pulls out their phone, but not our world. We have all devel- to make a phone call — at But now you need to try oped an appetite for informa- least not initially. those searches with your tion on demand whether it is phone (and tablet) to see what Those two scenarios illus- street addresses, restaurant the result is — and ask some trate how life works today — reviews or in-depth research. friends and employers who not at some future time. The We are experiencing even use different phones to do the ubiquity of Internet connected more changes because now all same. Unless you have made smart phones has changed the of this wealth of information some conscious effort and way we act and think about is available at all times investment, you will likely things. How many former cli- through a mobile device. find that your website is not ents would actually still be Wondering about the exact very “mobile friendly.” carrying your business card text of the Gettysburg Address months after the representa- or the Fourth Amendment to As the two opening illustra- tion? And how many business the United States Constitu- tions point out, your website cards given out are retained tion? Just ask your phone. does need to be mobile friend-

156 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 ly. Surely by now all of us “shrunken” navigation ele- and contact you for help with have had the experience of ments. Designing a website their legal problems. Attempt- opening a website on our where the buttons are bigger ing to persuade a “shopper” phone that is not mobile could make it look like it was to install an app for more friendly. The text will be very designed by a preschooler information seems more cum- tiny and sometimes you can- when viewed on a computer, bersome than helpful. not even zoom in on the text with huge oversized buttons To persuade people to install to make it readable on your dominating the design and lit- even a free app, it has to pro- phone. A consumer who is tle room for content. That may vide some benefit to them. An shopping for a law firm or be OK. See Readwrite.com app to share information with any other business on their “On Mobile, Nobody Knows existing clients might make phone will quickly move on You’re A Dog -Stop designing sense, but that will entail sig- to another website if this is separate experiences for nificant effort. An app that the case. mobile and desktop. Bring performs the Oklahoma child them together — and let This is obviously an area support calculations might mobile win.”3 that is outside of the expertise generate a lot of goodwill for of most lawyers so the law The next level of sophistica- a family law firm. But firm will have to get profes- tion would be to have a sepa- wouldn’t this be best done as sional help. The balance of rate mobile site. When a part of the law firm’s website this column will contain a mobile device is detected, the rather than as an app? (North brief discussion of what you user is forwarded to the Carolina attorney Lee Rosen need to know to have an intel- mobile site with a separate has done this.)2 It would not ligent conversation about this address. Often this will be be wise for solo or small firm topic with your website indentified with the letter lawyers to invest the financial designer. “m,” as in m.nytimes.com. resources to create an app. So This is the best and, of course, for the vast majority of law MOBILE FRIENDLY firms, an app does not seem to WEBSITES most expensive solution. Larg- er businesses have done this make sense for marketing pur- Mobile friendly can mean a and we will continue to see a poses. For those with an inter- lot of different things. First of lot more sites handling mobile est, there is a good discussion all, your site should be coded traffic in this way. of apps in the previously cited using HTML5, the latest ver- article by Robert Ambrogi. WHAT ABOUT THE LAW sion of the HTML website FIRM APP? ONE INTERESTING APP design language. HTML5 will automatically adjust to the Should your law firm just The Litigation Resource App browser and device. This is create an app? from Suffolk University Law one way of creating what web School’s Institute on Law It is a logical question. If designers call a responsive Practice Technology and Inno- there’s going to be time, website. The site recognizes vation is online at http:// money and effort spent to cre- the screen size of the device www.masslitapp.com. This is ate a “mobile friendly” site, accessing it and adjusts an app that is not really an why not just go all out and accordingly. app in that you do not have create a law firm app? We’ve to install it on your mobile The challenge is that firms all heard a lot about apps and device. But for a visual exam- really do not just want a it would certainly be cool to ple of the topic of this column, smaller version of the website be able to tell your friends and just open that site up on your to appear on the phone. If you relatives that your law firm computer and then on your look at any website you will has an app. But let’s face facts. smart phone to see. Some read- see that there are typically After you show off that app, it ers may want to bookmark the buttons and navigation ele- would be challenging to get site on their mobile device. The ments. But when these are all those same friends and rela- links to local materials are Mas- displayed on a mobile device tives to download and install sachusetts materials, but this in the exact same proportions your app on their devices. If app would give your phone as on the website, it may be you are interested in new cli- quick access to Federal Rules of impossible for a user on the ent development, you want Civil Procedure, Federal Rules smart phone to easily use the them to become aware of you of Criminal Procedure, Federal

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 157 Rules of Evidence, Federal Sen- upgraded. Both the lawyers Google did just fine with a tencing Guidelines and Federal and law firm staff likely need very simple interface. What is Rules of Bankruptcy Procedure. more training on the tools the most important element they currently use and it is that would help with mobile It is certainly no surprise difficult to find time for marketing? A row of over- that Suffolk’s Institute is on training. sized buttons might not look the leading edge with prod- right, but one large button to ucts such as this. I have inter- But it is also very clear that place a phone call to the law viewed its director, Andrew we all are accessing the Inter- firm is probably the best sim- M. Perlman, on my podcast net more frequently via ple first step in making a law and Professor Marc Lauritsen mobile devices. So as the Yel- firm website more mobile has long been regarded as an low Pages and other tradition- friendly. expert in document assembly al marketing tools fade from and law office automation. lack of use, it is very impor- Mr. Calloway is director of the The Institute recently tant to make certain that peo- OBA Management Assistance announced a new “major” ple who are trying to locate a Program. Need a quick answer to in legal technology and lawyer via their smart phones a tech problem or help resolving innovation. and other mobile devices are a management dilemma? able to do so. When they find Contact him at 405-416-7008, CONCLUSION your law firm, you want them 800-522-8065 or [email protected]. It is easy for the busy lawyer to be able to view and use It’s a free member benefit! to become frustrated by all of your website. the technology issues associat- 1. http://www.americanbar.org/publica A simple starting point is to tions/law_practice_magazine/2013/july- ed with running a law prac- visit the law firm’s website on august/as-the-world-goes-mobile-is-your- tice. Practice management marketing-up-to-speed.html various mobile devices and 2. http://www.rosen.com/childcalculator/ software is needed. Software see if the home page should 3. http://readwrite.com/2013/12/20/mobile- seems to be too frequently desktop-divide-end-user-centric-design be designed more simply.

158 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 ETHICS & PROFESSIONAL RESPONSIBILITY

What’s the Clients’ Security Fund? By Gina Hendryx

Did you know that all 50 The committee meets quar- The committee is comprised states, the District of Columbia terly, considers the pending of 15 persons including non- and several Canadian bar asso- claims and makes a recommen- lawyers. It has been chaired for ciations have funds similar to dation for reimbursement at the many years by attorney Oklahoma’s Clients’ Security end of the calendar year to the Micheal Salem of Norman. Fund (CSF)? The rationale for OBA Board of Governors. Mr. Salem, as well as the other these funds as stated in the Reimbursements are a matter of committee members, volunteer ABA’s Model Rules for Lawyers’ grace, not right, and payment countless hours reviewing and Funds for Client Protection is: is based upon an equitable investigating the submitted “Despite the best attempts of allocation related to the claims. The committee’s work the legal profession to establish amount of claims approved to is supported by the Office of high standards of ethics and funds available for distribu- the General Counsel. Staff severe disciplinary sanction for tion. The CSF is a fund of last members dedicate effort and their breach, it is a fact that resort for clients who cannot time substantiating the claims some lawyers misappropriate recover money from other by reviewing client files, court money from their clients. Typi- sources, such as insurance, a dockets, pleadings, bank cally, those lawyers lack the bonding company, the attor- records and witness statements. financial wherewithal to make ney involved or as a creditor If you know someone you restitution to their victims.” in a probate proceeding. believe may have a loss that The organized bar associa- In 2013, $100,450.01 was paid would be covered by the CSF, tions throughout the country to 21 clients. The chart details you may review FAQs and the have responded by creating the claims received, approved, complete rules at http://goo. funds to provide reimburse- denied or continued and the gl/Bq7xeb or contact the Office ment to these harmed clients. percent of approved claim of the General Counsel at In Oklahoma, the CSF was amounts paid for the past 405-416-7007. established in 1965 by court four years. Ms. Hendryx is the OBA rules of the Oklahoma Supreme general counsel. Court. Yearly, the OBA budget includes $100,000 earmarked for the CSF and paid from member’s annual bar dues. The purpose of the fund is to promote public confidence in the administration of justice and the integrity of the legal profession by reimbursing losses caused by the dishonest conduct of persons practicing law in the state of Oklahoma. Claims are submitted to and reviewed by the OBA Clients’ Security Fund Committee. New claims Approved Denied Continued % of claims paid

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 159 BOARD OF GOVERNORS ACTIONS Meeting Summaries

The Oklahoma Bar Association mittee members for their Branch Campaign training Board of Governors met at the planning assistance. scheduled by President-Elect Sheraton Hotel in Oklahoma DeMoss and Oklahoma Fel- REPORT OF THE City as part of the OBA Annual lows of the American Bar PRESIDENT-ELECT Meeting on Wednesday, Nov. 13, Foundation reception and 2013. President-Elect DeMoss dinner. REPORT OF THE reported she attended or par- REPORT OF THE PRESIDENT ticipated in the Diversity Com- EXECUTIVE DIRECTOR mittee CLE seminar, luncheon President Stuart reported he and awards ceremony, meet- Executive Director Williams attended the October board ings on 2014 budget, Southern reported he participated in the meeting in Oklahoma City, Conference of Bar Presidents, Southern Conference of Bar Southern Conference of Bar Audit Committee meeting, Presidents meeting in Oklaho- Presidents, OBA Diversity Technology Committee meet- ma City and presented a Committee luncheon and ing, Law Schools Committee 50-year membership pin in awards ceremony, 2014 budget planning sessions, Litigation Guymon. He attended Sover- meeting, Annual Meeting Section planning sessions, eign Citizen Training in Wood- planning, Oklahoma House Tulsa County Bar Association ward, staff meeting for Annual of Representatives Judiciary delegates meeting and 2014 Meeting, directors meeting, Committee Interim Study on events and programs plan- Investment Committee meet- Judicial Reform meeting, Okla- ning. She said the Diversity ing, Technology Committee homa Fellows of the American Committee event was well meeting, Lawyers Helping Bar Foundation dinner in attended and made a profit. Lawyers Assistance Program Oklahoma City and Pottawat- Committee meeting, meetings REPORT OF THE omie and Lincoln County with President-Elect DeMoss, PAST PRESIDENT House of Delegate selection. Diversity Committee luncheon, ABA IOLTA luncheon, REPORT OF THE Past President Christensen Oklahoma House of Represen- VICE PRESIDENT reported she participated in an honor flight from Oklahoma tatives Judiciary Committee Vice President Caudle City to Washington, D.C., pre- Interim Study on Judicial reported he attended or partic- pared and presented at the Reform meeting and pre- ipated in the Clients’ Security Oklahoma House of Represen- convention meeting at the Fund Committee meeting, tatives Judiciary Committee hotel for Annual Meeting. October board luncheon and Interim Study on Judicial BOARD MEMBER REPORTS meeting, Comanche County Reform meeting, worked on Bar Association CLE/lun- a law-related education flier Governor Drummond cheon, Oklahoma Fellows of addressing judicial reform and reported he attended the Octo- the American Bar Foundation made a presentation at the ber board meeting and has dinner in Oklahoma City, Annual Meeting to the OBA been busy preparing to chair phone conference with board Leadership Academy. She the Legal Ethics Advisory Christmas party subcommittee attended the Southern Confer- Panel special meeting on cloud members and Board of Editors ence of Bar Presidents, Budget computing. Governor Farris meeting. He reported invita- Committee meeting, Lawyers reported he attended the Tulsa tions to the party are being Helping Lawyers Committee County Bar Association long- handed out at the board meet- meeting and foundation meet- range planning meeting, ing, and he thanked subcom- ing, swearing in of Judge Thad TCBA/OBA delegate meeting, Balkman, Least Understood TCBA Mentor Committee

160 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 meeting and TCBA judicial he attended the October Board reported a new judicial bro- reception at the TU law school. of Governors meeting. Gover- chure titled “Oklahoma Judi- Governor Gifford reported he nor Stevens reported he cial Review” is now online at attended the October Board of attended the October Board of www.oscn.net and is currently Governors luncheon and meet- Governors meeting, November at the printer. She said 124 ing and Oklahoma County Bar Cleveland County Bar Associ- people attended the movie Association board of directors ation meeting and board night CLE showing of A Few meeting. He presented a CLE Christmas party subcommittee Good Men, and Judge Lewis as a part of Judge Gary Lump- meeting. Governor Thomas will be moderating the panel kin’s panel at “Movie Night reported she attended the discussion following A Miracle with the Justices: A Few Good October board meeting, Octo- on 34th Street on Dec. 10. She Men.” Governor Hays report- ber Washington County Bar also reported the Supreme ed she participated in OBA Association meeting and judi- Court recently issued an order Family Law Section Annual cial reform training at the exempting members of the Meeting planning, Board of Oklahoma Bar Center. She OBA Board of Governors, Governors Christmas party also participated in the Professional Responsibility planning and conducted the Budget Committee meeting Tribunal and Professional Women in Law Committee by telephone. Responsibility Commission from MCLE requirements. meeting. She attended the OKLAHOMA HOUSE October Board of Governors OF REPRESENTATIVES COMMITTEE LIAISON meeting in Oklahoma City, JUDICIARY COMMITTEE REPORTS OBA Family Law Section INTERIM STUDY ON monthly meeting for which JUDICIAL REFORM Governor Hays reported the she prepared and presented MEETING Family Law Section invites the budget report, OBA Profes- board members to its hospital- sionalism Committee meeting President Stuart reported a ity suite at Annual Meeting. for which she prepared the hearing regarding a study on She said the Women in Law minutes, Tulsa County Bar judicial reform was held Oct. Committee is holding meet- Association board of directors 31 at the State Capitol, which and-greet events in Oklahoma meeting at which she presented he attended along with Execu- City and Tulsa as a way to a report on Board of Governors tive Director Williams and engage younger women. She activities, TCBA delegate/alter- Past President Christensen, reported the Law Day Com- nate meeting and TCBA judi- who made a presentation. mittee is already working on cial/legislative reception at TU. President Stuart and Past the TV show for 2014, and the Governor Meyers reported he President Christensen shared Professionalism Committee attended the October Board of details about what took place has started planning a sympo- Governors meeting, Invest- at the hearing. Executive sium for next year. Director Williams reviewed ment Committee meeting, REPORT OF THE the history of the OBA’s sup- Budget Committee meeting for GENERAL COUNSEL 2014 and Comanche County port of The Missouri Plan in Bar Association meeting. 1967. President-Elect DeMoss General Counsel Hendryx Governor Pappas reported shared her plans for next year. reported written status reports she attended the October The Communications Depart- of the PRC and OBA disciplin- Board of Governors meeting ment was asked to send a ary matters for October 2013 and worked on the board’s newspaper clipping report were submitted for the board’s Christmas party. Governor on articles about the Judicial review. Nominating Committee to the Parrott reported she attended OBA 2014 BUDGET the Oklahoma County Bar Board of Governors each Association delegate meeting week. Copies of the proposed bud- to hear a presentation for the REPORT OF THE SUPREME get were handed out. Presi- House of Delegates and the COURT LIAISON dent-Elect DeMoss reported training session for the Least expenses were projected to be Understood Branch Campaign Justice Kauger reported Past about $200,000 below 2013. regarding proposed changes in President Christensen gave a She said departments worked judicial selection and term lim- wonderful presentation at the hard to reduce their budgets. its. Governor Smith reported judicial reform hearing. She She reviewed plans for her

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 161 presidential initiative. Discus- # # # Delegates meeting, presented sion followed. The board an OBA award at the OU Col- voted to amend the proposed The Oklahoma Bar Association lege of Law luncheon, present- budget initiative line item with Board of Governors met at the ed the OBA 2014 budget to the an increase to $40,000. It was Oklahoma Bar Center in Oklaho- Supreme Court, participated pointed out that the change to ma City on Friday, Dec. 13, in 2014 planning meetings and the new membership database 2013. made OBA appointments. system will increase significant- REPORT OF THE REPORT OF THE ly annual licensing expenses. PRESIDENT PAST PRESIDENT Administration Director Combs has put together a reference President Stuart reported he Past President Christensen, guide with details about budget helped plan Annual Meeting unable to attend the meeting, items to better educate board events, presided over the Gen- reported via email that she members about OBA finances. eral Assembly, presented at the attended the OBA Annual The board approved the pro- TU alumni luncheon, presided Meeting, November board posed 2014 budget as amended. at the OBA annual luncheon meeting, Oklahoma County and worked on various OBA MEMBER BENEFIT: UPS Bar Association holiday party, matters including transition Federalist Society meeting in Executive Director Williams and judicial independence. Tulsa and 2014 planning with briefed board members that REPORT OF THE President-Elect DeMoss. She OBA members have received VICE PRESIDENT presented an OBA award at FedEx postage/freight dis- the OCU School of Law lun- counts offered by broker Vice President Caudle cheon, made a presentation Meridian One. FedEx recently reported he attended the to the Leadership Class, terminated its agreement with annual November OBA con- researched legislative efforts Meridian One, which has vention, November Board of for changes in judicial selec- switched to a partnership with Governors meeting, November tion in Oklahoma and other UPS and offers OBA members Board of Editors meeting and states and planned the has similar discounts. The board monthly Comanche County beens dinner. ratified its email vote to Bar Association CLE and lun- approve the agreement with cheon. He coordinated the REPORT OF THE Meridian One for member board’s Christmas party with EXECUTIVE DIRECTOR discounts on UPS services. assistance from subcommittee Executive Director Williams members and Administration SOUTHERN CONFERENCE reported he attended the Director Craig Combs, pre- OF BAR PRESIDENTS Annual Meeting, Federalist pared the Oklahoma Bar Foun- Society meeting in Tulsa, staff President Stuart reviewed dation article for the January holiday lunch, staff directors the programming and events 2014 Oklahoma Bar Journal and meetings, budget hearing at that took place at the confer- presented the Oklahoma Bar the Supreme Court, staff plan- ence hosted by the OBA that Foundation scholarships at the ning meeting on the website was held Oct. 17-19 in Oklaho- annual OCU School of Law and planning conferences with ma City. He and Executive luncheon. President-Elect DeMoss. Director Williams received REPORT OF THE rave reviews from attendees BOARD MEMBER REPORTS PRESIDENT-ELECT on its success. Governor Drummond EXECUTIVE SESSION President-Elect DeMoss reported he attended the reported she attended the OBA Annual Meeting, Criminal The board voted to go into Annual Meeting, November Law Section luncheon and executive session, met and board meeting, Tulsa County awards ceremony, and Mili- voted to come out of executive Bar Association holiday party, tary and Veterans Law Section session. Section Leaders Council meet- meeting. He chaired the Legal SUPPLEMENTAL PAYMENT ing, Litigation Section meeting Ethics Advisory Panel meeting and OBF reception. She served and presented a one-hour The board approved a one- as a TCBA delegate at the OBA ethics CLE to the Cleveland time supplemental payment to House of Delegates meeting, County Bar Association. OBA employee Debbie Brink. presided over the House of Governor Farris reported he

162 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 attended the OBA Annual Policy Recommendation Com- COMMITTEE LIAISON Meeting, November board mittee meeting. Governor REPORTS meeting, TU Law School lun- Pappas reported she attended cheon at the OBA Annual the November board meeting, Governor Hays reported the Meeting, Tulsa County Bar OBA Annual Meeting, Section Women in Law Committee Association board meeting Leaders Council meeting and held meet-and-greet events in and TCBA holiday dinner Family Law Section meeting. Oklahoma City and Tulsa and party. He served as a TCBA She made Board of Governors the Family Law Section met at delegate at the OBA House of Christmas party invitations the bar center during Annual Delegates meeting. Governor and worked on Christmas dec- Meeting. The section meeting Gifford, unable to attend the orations for the party. Gover- was well attended, and 25 new meeting, reported via email nor Parrott reported she members joined the section. that he attended the OBA attended OBA Annual Meeting Governor Drummond report- Annual Meeting, November events, including the Novem- ed the Legal Ethics Advisory board meeting, OBA Criminal ber board meeting, Law Panel met during Annual Law Section meeting, ABA Schools Committee meeting, Meeting and said the panel training on the Least Under- OCU Law School annual lun- has decided to stay with the stood Branch, Criminal Law cheon, OBA annual luncheon, old numbering system for Section luncheon and awards evening social events, presi- opinions and the cloud com- ceremony and Federal Bar dent’s breakfast, OBF recep- puting opinion should be out Association’s Holloway lec- tion and the ABA training for early in 2014. He noted Ethics ture. He also chaired the Mili- the Least Understood Branch Counsel Travis Pickens has tary and Veterans Law Section Campaign. She served as an helped make ethics opinions meeting and was the keynote Oklahoma County Bar Associ- more accessible to bar mem- speaker for the ABA’s Oklaho- ation delegate to the OBA bers via the website. Executive ma Fellows dinner. Governor House of Delegates. Governor Director Williams reported the Hays reported she attended Smith reported he attended Section Leaders Council met at the OBA Annual Meeting at the OBA Annual Meeting, Annual Meeting and represen- which she participated in CLE November board meeting and tatives were excited about and events. She also attended House of Delegates. Governor their sponsored Thursday the November board meeting, Stevens reported he attended evening event. The new event OBA Family Law Section the November board meeting, was well attended and worth annual meeting, OBF reception OBA Annual Meeting, House repeating. He said one section and ABA Least Understood of Delegates and ABA judicial wants to invest more money Branch training. She assisted independence training. He in the event next year. with the FLS meeting and hos- also volunteered at a Yellow REPORT OF THE YOUNG pitality suite, served as Tulsa Ribbon event for the Oklaho- LAWYERS DIVISION County Bar Association dele- ma Lawyers for America’s gate at the OBA House of Del- Heroes program. Governor Governor Vorndran reported egates meeting, assisted with Thomas reported she attended the division devoted a great the Board of Governors Christ- judicial independence training deal of its energy to the state- mas party planning and com- and the November Board of wide Day of Service project, municated with OBA FLS Governors meeting. At the had a great Annual Meeting leadership regarding end-of- OBA Annual Meeting, she and was looking forward to year activities and planning served on the Credential Com- next year. for 2014. Governor Jackson mittee, chaired the Tellers CLIENTS’ SECURITY FUND reported he attended the Gar- Committee, attended the TU field County Bar Association Law School luncheon, General Clients’ Security Fund Com- meeting and county bar Assembly and House of Dele- mittee Chairperson Micheal Christmas party. Governor gates, serving as the delegate Salem reported the committee Meyers reported he attended from Washington County. considered 41 claims and the OBA Annual Meeting, recommends 21 be paid for a November board meeting, pro-rated total of $100,449.99, Comanche County Bar Associ- which is the annual allocation ation meeting, OU Law School of $100,000 plus interest avail- luncheon and Reimbursement able for disbursement. Mr.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 163 Salem reported the fund did CARRYOVER OF FUNDS 12/31/14; reappoint Judge receive some payments of res- Allen Welch, Oklahoma City, titution this year. The board Executive Director Williams District 3, and appoint Leslie approved the committee’s rec- reported the Law-related Edu- Taylor, Ada, District 8, as asso- ommendation for payments cation Department has $1,500 ciate editors, terms expire and approved the distribution in iCivics program funds that 12/31/16. of a news release approved by it requests be carried over to President Stuart and Chairper- 2014. The board approved the Clients’ Security Fund – son Salem. Mr. Salem praised carryover of funds. Executive Reappoint Micheal Salem, General Counsel Hendryx and Director Williams said the Norman, as chairperson, and General Counsel staff member Communications Committee William Brett Willis, Oklaho- Manni Arzola for their assis- already has a revolving ma City, as vice chairperson, tance in aiding the committee account established and is terms expire 12/31/14. Attor- in its work. requesting that excess funds ney members – Reappoint from this year be carried over Robbie Emery Burke, Tulsa, REPORT OF THE to 2014. The board approved and Peggy Stockwell, Norman; GENERAL COUNSEL the carryover of funds. Execu- appoint Cesar Tavares, Tulsa, terms expire 12/31/16. Reap- Written status reports of the tive Director Williams report- point Robert H. Sunday, CPA, PRC and OBA disciplinary ed the Diversity Committee Eufaula, as a lay member, term matters for November 2013 has excess funds from its CLE expires 12/31/16. were submitted for the board’s seminar/awards luncheon and review. In the absence of Gen- asks for permission to carry MCLE Commission – eral Counsel Hendryx, who over its excess funds. The Reappoint Jack Brown, Tulsa, was attending the PRC meet- board approved the carryover as chairperson, term expires ing, Executive Director Wil- of the committee funds. 12/31/14; reappoint Dan liams reported the department SECTION LEADERS Sprouse, Pauls Valley, Molly had been interviewing candi- COUNCIL BYLAWS Aspan, Tulsa, and W. Mark dates for an investigator AMENDMENT Hixson, Yukon, as members, position, which should be terms expire 12/31/16. filled soon. Governor Hays explained the council is requesting the OBA 2014 STANDING PROPOSED AMENDMENTS addition of an Oklahoma Bar COMMITTEE CHAIRS TO THE OBA Foundation liaison, who AND VICE CHAIRS REIMBURSEMENT would not be a voting mem- POLICY President-Elect DeMoss pre- ber. The board approved the sented a list of bar members President-Elect DeMoss bylaws amendment. she has appointed to commit- reported the subcommittee APPOINTMENTS tee leadership positions. had reviewed many state bar association reimbursement The board approved the fol- YLD LIAISONS TO OBA policies as part of its research. lowing appointments as rec- STANDING COMMITTEES The subcommittee recom- ommended by President-Elect YLD Chair-Elect Kaleb Hen- mends the policy be amended DeMoss: nigh presented a list of YLD to allow Board of Governors members he has appointed officers traveling to out-of- Professional Responsibility Commission – Reappoint to serve as liaisons to OBA state meetings to be allowed committees. a $200 per diem to be reim- Angela Ailes Bahm, Oklahoma bursed for expenses. Reim- City and William R. Grimm, APPOINTMENTS Tulsa, terms expire 12/31/16. bursement for spouse expenses President-Elect DeMoss would be eliminated. Staff trav- Oklahoma Indian Legal Ser- announced the following el to out-of-state meetings vices – Reappoint Diane Ham- appointments: would be changed to allow mons, Tahlequah, term expires up to $90/day per diem with 12/31/16. Audit Committee – Appoint receipts required. The board Doug Jackson, Enid, as chair- approved the amendments rec- Board of Editors – Reappoint person, term expires 12/31/14. ommended by the Reimburse- Melissa DeLacerda, Stillwater, Appoint as members Jim Stu- ment Policy Subcommittee. as chairperson, term expires art, Shawnee, and Susan

164 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 Shields, Oklahoma City, terms Oklahoma City, as vice chair- expire 12/31/16; and reap- expire 12/31/14; Richard Ste- person, terms expire 12/31/14; point Jon Prather, Tulsa; Steve vens, Norman, and Renée reappoint Joe Crosthwait, Balman, Tulsa; and David But- DeMoss, Tulsa, terms expire Midwest City; Bob Farris, ler, Enid, as Tulsa panel mem- 12/31/15; and John Kinslow, Tulsa; Susan Shields, Oklaho- bers, terms expire 12/31/16. Lawton, term expires ma City; and Kendra Robben, NEXT MEETING 12/31/16. Oklahoma City, as members, terms expire 12/31/16. The Board of Governors met Board of Medicolegal Inves- on Saturday, Jan. 11, 2014, at tigations – Reappoint Thomas Legal Ethics Advisory Panel the Sheraton Hotel in Oklaho- A. Mortensen, Tulsa, term – Appoint Steven Balman, ma City. A summary of those expires 12/31/14. Tulsa, as panel coordinator, actions will be published after term expires 12/31/14; reap- the minutes are approved. The Investment Committee – point Jim Drummond, Nor- next board meeting will be at Reappoint Joe Crosthwait, man, and James R. Waldo, 10 a.m. Friday, Feb. 28, at the Midwest City, as chairperson, Oklahoma City, as Oklahoma Oklahoma Bar Center. and appoint Kendra Robben, City panel members, terms

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 165 BAR FOUNDATION NEWS Hurdles Your Oklahoma Bar Foundation Faces in 2014 and Beyond By Dietmar K. Caudle

The Oklahoma Bar Founda- foundation’s immediate past tion is a nonprofit 501(c)(3) president, OBA president, Meet the 2014 OBF founded in 1946 by lawyer OBA president-elect, OBA President members of the Oklahoma Bar executive director and a rep- Dietmar K. Caudle will lead the Association. The OBF mission resentative of the Young Oklahoma Bar Foundation in a most is to provide annual support Lawyers Division. critical year for the third oldest state for the promotion of justice, Your 2014 OBF Trustees bar foundation in the nation. fund critical legal services represent all 77 counties and provide advancement and Mr. Caudle prac- across our great state. Their better understanding of the tices law as a sole experience and energy will law for all Oklahomans. The practitioner in be severely tested to guide OBF is the charitable arm of the Lawton. His origi- the OBF through a most dif- Oklahoma Bar Association. The nal staff has been ficult financial year. The past OBF’s offices are located on the assisting him two years, specifically, second floor of the Oklahoma since he first reminded us that the anemic Bar Center. Over the years, the opened his law economy directly affects OBF has granted awards in office in 1980. His donations, which directly excess of $10 million. At least practice has an affect law-related services 100,000 Oklahomans were emphasis on domestic relations, crim- we are able to fund. The eco- affected by OBF grant awards inal and civil litigation. He is currently nomic decline has resulted in in 2013 alone. an associate editor of the Oklahoma deep cuts in IOLTA receipts Bar Journal, a longtime member of The OBF consists of a and fewer cy pres awards. the OBA Clients’ Security Fund Com- 26-member Board of Trustees. The OBF grant funding was mittee and served as the 2013 Okla- Of these, 21 are trustees from cut back by more than homa Bar Association vice president. around the state elected to $125,000 in 2012 and again He was the Comanche County Bar three-year staggered terms. The in 2013. president in 2004 and received the five remaining trustees are the (continued on next page) county bar’s Professionalism Award in 2011. He has served on the OBA Pro- fessional Responsibility Tribunal and Professionalism Committee, and has chaired the Military Assistance Com- mittee and Lawyer Referral Tasks Force. He is a an OBF Benefactor Fellow and a member of the American Bar Foundation Oklahoma Fellows. His knowledge of nonprofit organizations and financial background has been enhanced by previous service to local community boards and coordination of fundraising campaigns, which will all serve to enrich his leadership role with the Oklahoma Bar Foundation as president during 2014.

166 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 The good news is that OBA Family Law Section there is an answer and a and The Garrett Law Center positive response for this of Tulsa are the most recent decline. The answer can be Community Fellows at the made very simple. There is a Patron level, the highest saying that “you cannot give level of support. until you are asked.” A pro- STATEWIDE posed strategic plan will be • CHARITABLE reimplemented to reverse the FOUNDATIONS: recent disturbing trends: Recruit- ment of other charitable • We must increase the foundations that will make number of individual the OBF their charitable OBF Fellows (our OBA choice of giving shall be membership exceeds 17,000 pursued. All Oklahoma and the current number of lawyers are encouraged to OBF fellows is 1,665). deliver our OBF mission, “Lawyers Transforming • We must upgrade the Lives.” current giving level of ject to change at any time. Fellows where applicable. THE FUTURE OF OBF This revenue source is criti- • (620 paid Fellows are currently COMMUNICATION: cal to your OBF and its We available for upgrade to Sus- endeavor to honor grant are a video-addicted society. taining or Benefactor Fellows) awards each year. Your Two-thirds of us would prefer to receive information • Increase the number of Board of Trustees will via video as opposed to Community Fellows from attempt to enlist the assis- reading. YouTube averages organizations and groups tance of the ABA IOLTA four billion views per day (current members are the OBA Commission, the OBA, — the message here is clear. Family Law Section and The Legal Aid and others to The OBF must continue to Garrett Law Center of Tulsa). reverse this trend of shifting use social media to broad- IOLTA interest rates payable The above-stated goals cast its message. Our mis- on lawyers’ trust accounts. should easily be ascertainable sion remains as it always Your assistance with your since it involves fellow practi- had been, to be the charita- bank rates is needed. tioners. Our OBF product is ble heart of the OBA and of marketable and every lawyer’s • CY PRES AWARDS: The all Oklahoma lawyers. In pride is on the line. I ask you, OBF must again become a 2014, the OBF will initiate “Is there a better way to pro- major player in the enlist- and present a video story mote our legal profession than ment of cy pres awards and which will allow lawyers to show our lawyers’ generosi- champion access to justice and law firms, Fellows, our ty which transforms lives for for all Oklahomans. The Community Fellows and the the better?” OBF message should be public to readily view how enhanced by virtue of our the OBF has and will contin- The more difficult reimple- previous court grant fund ue to transform lives by the mentation of the proposed 2014 awards and the good work stories of its grantees. Peer- Strategic Plan assuring contin- being accomplished. to-peer communication is a ued OBF revenue must come tried-and-true method that in the following areas: • COMMUNITY FELLOWS: never fails and we encour- The OBF has made tremen- • IOLTA ACCOUNTS: Okla- age all lawyers to help by dous recent strides to get homa was the first state in telling our story. the new program going. the nation to implement Community Fellows can be I submit that these strategies mandatory IOLTA accounts IOLTA banks, businesses, are not all new. Reimplementa- during 2004 after many corporations, law firms, tion, commitment and dedica- years without change to county bar associations, tion are old school, but essen- national IOLTA programs. tial for our OBF to survive. We Interest rates banks pay are OBA sections and commit- cannot receive if we don’t ask. not regulated and are sub- tees and other friends and supporters of justice. The

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 167 In closing, it is important to recognize the 2014 Board of Trustees. These lawyers dedicate their time, energy and tal- ents to keep our OBF viable. The Executive Committee consists of President Dietmar K. Caudle, Lawton; President- Elect Jack L. Brown, Tulsa; Vice President Judge Millie E. Otey, Tulsa; Secretary/Treasurer Kevin R. Donelson, Oklahoma City; and Past President Susan B. Shields, Oklahoma City. Other members of the 2014 Oklahoma Bar Foundation staff members are available to answer any Board of Trustees are: Steven L. OBF-related questions at 405-416-7070 or www.okbarfoundation.org. Barghols, Oklahoma City; A. (From left): Executive assistant Jessi Hesami, Executive Director Nancy Gabriel Bass, Oklahoma City; Norsworthy and OBF and IOLTA administrative assistant Deb Holt. Stephen D. Beam, Weatherford; Tanya A. Bryant, Oklahoma City; Brett D. Cable, McAlester; Jennifer M. Castillo, Oklahoma OBF Staff Duties City; Guy P. Clark, Ponca City; OBF staff duties are multi-faceted with a wide variety of Dean Valerie Couch, Oklahoma duties, which include: City; OBA President Renée DeMoss, Tulsa; Amber Peckio • Responsible for the daily • Maintains investment and books Garrett, Tulsa; Deanna Hartley operation of the foundation of account Kelso, Ada; Brandon P. Long, Oklahoma City; G. Patrick • Administers and maintains • Compiles reports and works O’Hara Jr., Edmond; David A. IOLTA membership and financial with auditors and other financial Poarch Jr., Norman; Briana J. records representatives Ross, Tulsa; Kara I. Smith, Oklahoma City; Donna L. • Works directly with IOLTA banks • Coordinates grant applications, Smith, Vinita; Alan Souter, and the OBA membership meetings, payments, grant reporting and follow up as well Tulsa; Jeffrey D. Trevillion, • Maintains Fellow membership as help and support to grantee Oklahoma City; Roy D. Tucker, records and pledge payments, organizations throughout Muskogee and John Morris including the new Community the year Williams, Oklahoma City. Fellow program The OBF staff consists of our • Works with other nonprofit • Provides reports and support 29-year tenured Executive groups and outside organiza- to the 26-member Board of Director Nancy Norsworthy, tions; represents OBF at various Trustees and works directly executive assistant Jessi Hesami outside events and OBF and IOLTA adminis- with the executive committee • Responsible for OBF website trative assistant Deb Holt. • Coordinates meetings and updates and communication board and committee materials Mr. Caudle can be reached at efforts [email protected]. • Provides support to the board • Provides help and support to Please join the OBF. in fundraising efforts the OBA membership wherever • Maintains expenditure and needed income records of the foundation

WWW.OKBARFOUNDATION.ORG

168 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 YOUNG LAWYERS DIVISION

Community Service and Public Education to be YLD Goals By Kaleb Hennigh

In any business, association impartial judiciary is essential or program it is important that to democracy. the leadership of the organiza- The YLD Board of Directors, tion maintain and create a who have committed them- vision to work toward and set selves to serving the YLD this tangible goals to ensure that upcoming year, are a fine success is accomplished. The group of professionals that I OBA Young Lawyers Division am looking forward to work- maintains a vision of commit- ing with as we maintain the ment to serve not only the vision of community service Oklahoma Bar Association, and our commitment to public but also the communities that education. attorneys throughout this state (continued on next page) Kaleb Hennigh live and work. Service is something that the OBA YLD 2014 YLD OFFICERS AND commits itself to every year. It BOARD OF DIRECTORS is my goal to focus the incoming leadership within the YLD Chair District 5 on continuing this commit- Kaleb Hennigh, Enid Erin Means, Moore ment to community service Chair Elect District 6 and public education. LeAnne McGill, Edmond Rachel Gusman, Tulsa Amber Garrett, Tulsa President DeMoss has made Treasurer Tim Rogers, Tulsa it a priority and has commit- Bryon Will, Oklahoma City ted herself and the Board of District 7 Secretary Governors to protecting the OPEN integrity of our court system Matt Mickle, Durant District 8 during her time at the helm of Immediate Past Chair Brandi Nowakowski, our organization. The YLD Joe Vorndran, Shawnee will work side by side with Shawnee District 1 President DeMoss throughout District 9 Aaron Pembleton, this year in assisting with Grant Sheperd, Lawton increasing the public’s under- Bartlesville At Large standing of the unique role District 2 Oklahoma’s court system Christa Evans, Oklahoma Blake Lynch, McAlester plays and the importance of City a fair and impartial judiciary. District 3 Sarah Stewart, Oklahoma City As young lawyers we under- Bryon Will, Oklahoma City Eric A. Davis, Oklahoma City stand the importance of the Lane Neal, Oklahoma City Justin Meek, Oklahoma City judicial branch of our demo- Faye Rodgers, Edmond cratic governing system in At Large Rural interpreting and applying our District 4 Matt Mickle, Durant laws and know that a fair and Dustin Conner, Enid Nathan Richter, Mustang

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 169 GET INVOLVED can volunteer time to assist in ects by visiting the YLD preparing and distributing bar webpage on www.okbar.org. Most importantly, I want to exam survival kits to those Also, be sure to like us on encourage all young lawyers taking the bar exam, finding www.facebook.com/obayld. to get active and involved this time to speak to a classroom of year. Most of you know this, I look forward to represent- high school seniors to inform but any member of the OBA ing the YLD this year, and I them of the legal ramifications who has been first admitted to appreciate the opportunity to of turning 18 years old, volun- the practice of law in the past serve this division throughout teering to serve on a commit- 10 years is automatically con- 2014. The YLD will continue tee or making it to any of our sidered a YLD member, our commitment to service monthly board meetings to regardless of age. and education. contribute your thoughts or I want to personally encour- ideas, I want you to know that Mr. Hennigh practices in age all members of this divi- you are more than welcome Enid and serves as the YLD sion to find a way to get and encouraged to get chairperson. He can be contacted involved with the bar associa- involved. Learn more about at [email protected]. tion this year. Whether you the division and all of its proj-

170 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 FOR YOUR INFORMATION

Jan. 25, 2014 - OBA Legislative Reading Day The Oklahoma Legislature reconvenes next month, and hundreds of bills have been pre-filed. Much of that proposed legislation could affect the administration of justice, and some will undoubtedly affect your practice. Join us at 10 a.m. on Saturday, Jan. 25, 2014 at the Oklahoma Bar Center as we identify top bills of interest to the OBA and your practice area. Lunch will be provided. RSVP to OBA Executive Director John Morris Williams, johnw@ okbar.org, if you’d like to attend.

Save the Date - OBA Day at the Capitol March 25 Oklahoma lawyers, let your voices be heard! OBA will host its annual Day at the Capitol on Tuesday, March 25. Registration begins at 10 a.m. at the Oklahoma Bar Cen- ter, 1901 N. Lincoln Blvd., and the agenda will feature speakers commenting on legislation affecting various practice areas. We also will have remarks from the judiciary and bar leaders and lunch will be provided before we go over to the capitol for the afternoon. Check www.okbar.org for more updates.

Community Service Kudos Crowe & Dunlevy attorneys and staff in the firm’s Tulsa office recently assembled 30 baskets and 20 stockings full of donations for Tulsa Court Appointed Special Advocates (CASA). Tulsa CASA is a nonprofit organization that recruits, trains and supervises quality volunteer advocates to speak for the best interests of abused and neglected children in the dependen- cy court system. The group serves Tulsa and Pawnee Counties. Partic- ipating are (from left) Brett Liles, associate; Julie Balman, secretary; Gary McSpadden, director; and New Member Benefit – Discounted UPS Shipping Ann Ashley, secretary. The OBA announces the UPS Savings Program for our members. This member benefit helps our members improve their bottom line with some of the most competitive rates available on shipping services with UPS. Enroll and save up to 34 percent on a broad portfolio of shipping services. Whether you need your documents or packages to arrive the next day or are looking for the most affordable shipping option, UPS understands how important reliability, speed and cost are to meeting your business goals and your customers’ needs. To enroll and start saving today, visit savewithups.com/oba or call 1-800-MEMBERS (1-800-636-2377), M-F, 7 a.m. – 5 p.m. Existing accounts may also benefit from this program.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 171 Free Discussion Groups Available to OBA Members “Compassion Fatigue” will be the topic of the Feb. 6 meetings of the Lawyers Helping Lawyers discussion groups in Oklahoma City and Tulsa. Each meeting, always the first Thursday of each month, is facilitated by committee members and a licensed mental health professional. In Oklahoma City, the group meets from 6 – 7:30 p.m. at the office of Tom Cummings, 701 N.W. 13th Street. The Tulsa meeting time is 7 – 8:30 p.m. at the TU College of Law, John Rogers Hall, 3120 E. 4th Place, Room 206. There is no cost to attend and snacks will be provided. RSVPs to Kim Reber, [email protected], are encouraged to ensure there is food for all.

OBA Member Resignations Aspiring Writers Take Note The following members have We want to feature your work on “The Back Page.” resigned as members of the Submit articles related to the practice of law, or send association and notice is hereby us something humorous, transforming or intriguing. given of such resignation: Poetry is an option too. Send submissions no more than two double-spaced pages (or 1 1/4 single- Marni Lefkowitz Ahram spaced pages) to OBA Communications Director OBA No. 22424 Carol Manning, [email protected]. American Red Cross Office of General Counsel 2025 E. Street, N.W., NE9-049 Washington, DC 20006 Cathy Jean Arrowsmith OBA No. 18009 2612 E. 88th St., Apt. 6 Tulsa, OK 74137 Christopher Loran Coyle OBA No. 1979 501 Wooden Deer Road Cathy Jean Arrowsmith Andrew David Carbondale, CO 81623 OBA No. 18009 Schwartzkopf Marni Lefkowitz Ahram 2612 E. 88th St., Apt. 6 OBA No. 17900 OBA No. 22424 Tulsa, OK 74137 12639 Old Tesson Rd., American Red Cross Office Ste. 115 Christopher Loran Coyle St. Louis, MO 63128 of General Counsel OBA No. 1979 2025 E. Street, N.W., NE9-049 501 Wooden Deer Road Washington, DC 20006 Carbondale, CO 81623

172 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 BENCH & BAR BRIEFS

practice group focus on class is 405-705-0002 and fax num- action matters, intellectual ber is 405-705-0004. property and family practice he law firm of Norman dispute resolutions. TWohlgemuth Chandler & Kevin Ikenberry recently Jeter announces that Ryan A. Patrick Pickerill has been D. became chief legal Ray has been named a share- J. appointed by Gov. Mary officer for Independent holder and director in the Fallin as associate district Opportunities Inc., a pro- firm. Mr. Ray joined the firm judge for Pawnee County, vider of community-based in 2008, and his practice con- replacing Judge Matthew residential support services sists of litigation in state and Henry who resigned. Judge for persons with developmen- federal courts. tal disabilities. He can be Pickerill began his service hillips Murrah announces reached at IOI’s corporate as judge in December. Rodney L. Cook has offices at 6202 S. Lewis Ave., P joined the firm as an of coun- he National Judicial Col- Suite P, Tulsa, 74136 or by sel attorney. Mr. Cook’s prac- lege awarded a certificate phone at 918-744-5067. T tice focuses on tort litigation in Judicial Development for att Panach has joined with an emphasis on product General Jurisdiction to Judge Fuller, Tubb, Bickford liability, warranty, insurance Richard D. Osburn. Judge M and Krahl PLLC as a partner. and fraternity law. Prior to Osburn is the district judge Mr. Panach’s civil litigation joining the firm, he was direc- for the Mille Lacs Band of practice focuses on labor and tor of the Jennings Cook & Ojibwe located in Onamia, employment, agricultural, Teague law firm in Oklahoma Minn. Judge Osburn graduat- construction, oil and gas and City and adjunct law profes- ed from the OU College of commercial law as well as sor at the OU College of Law. Law in 2000. personal injury. He also He received his undergradu- alter Jenny of Edmond assists clients with workplace ate and law degrees from OU. investigations, policy review has been elected presi- cAfee & Taft announce W and management training. He dent of the Edmond Neigh- that trial lawyers Todd graduated from the Universi- M borhood Alliance for 2014. Woolery and Jodi C. Cole ty of Arkansas School of Law have joined the firm. Mr. mily D. Campbell of and joined the Oklahoma bar Woolery’s practice includes EDunlap Codding has been in 2008. named to The University of matters affecting the energy Oklahoma’s College of Engi- anna Dunagan Gau an- industry including disputes neering Industrial & Systems Jnounces the relocation of involving oilfield and indus- Engineering Advisory Board. The Gau Law Firm to 101 trial pollution, bodily injury, East Hurd, Suite A in property damage, surface Edmond. Ms. Gau is a 1997 damages and class actions. graduate of the TU College of He holds two degrees from Law. She will continue to OU, a J.D. and an undergrad- practice in the areas of com- uate degree in environmental mercial litigation, construc- geography. Ms. Cole’s prac- tion defect litigation and gen- tice includes the representa- eral business and corporate tion of oil and gas exploration law. In addition, Ms. Gau will and production companies in rowe & Dunlevy recently continue to provide media- class action royalty lawsuits Cnamed director Kent tion services in commercial as well as disputes involving Meyers as chair of the firm’s and employment law matters. surface damages, pollution alternative dispute resolution The firm’s mailing address is and other environmental business and litigation prac- P.O. Box 183, Edmond, 73083. issues, quiet title, lease can- tice group. Attorneys in the The firm’s telephone number cellation, bodily injury,

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 173 property damage and mate- real estate transactions, merg- Allen’s practice focuses on rialmen’s and mehanic’s liens. ers and acquisitions, corpo- mergers, acquisitions, divesti- She holds a bachelor’s degree rate services and banking. tures, corporate structuring, in business administration She earned a J.D. from TU. tax planning, financing and from Henderson State Uni- other complex business trans- ohnson & Jones PC versity and a J.D. from OCU. actions. Ms. Warmbrod Dish- announces three attorneys, J man is a trial attorney whose racy W. Robinett, Charles Whitney Mackey Eschen- R. Swartz and Jacob W. heimer, Stephanie Dinsmore practice spans numerous T industries, including energy Aycock announce the estab- Phipps and Gauri D. Nauti- and oil and gas, hospitals and lishment of Robinett Law yal have new positions in the health care systems Firm. Mr. Robinett and Mr. firm. Ms. Eschenheimer has , waste Swartz will continue their been made a shareholder in management, insurance and work in commercial litigation the firm’s litigation group. financial, sports and retail. and business transactions. Her practice focuses on cata- Mr. Ellis is a banking and cor- Mr. Aycock will continue his strophic injury, transportation porate attorney who advises work in domestic relation and business litigation and corporate and financial institu- matters. The firm will office bad faith and insurance dis- tion clients, with a particular at 624 S. Boston Ave., Suite putes. Ms. Phipps is of coun- emphasis on finance transac- 900, Tulsa, 74119 and can be sel with the firm. She focuses tions and regulatory compli- contacted at 918-592-3699. her practice on insurance ance. Ms. Fields is a trial attorney who practice focuses on oerner, Saunders, Daniel defense, nursing home representation of employers & Anderson has named defense, products liability, D in all areas of employment Kristen Brightmire to the employment and labor law, law. Ms. Gonzalez is an avia- firm’s executive committee. business litigation, corporate tion attorney whose practice Ms. Brightmire’s practice law and appellate advocacy. primarily focuses on aircraft includes employment and Ms. Nautiyal has joined the transactions and aircraft title labor law, litigation and arbi- firm as an associate in the liti- and registration matters. Ms. tration and mediation. The gation group. She graduated firm also announces Matthew from the OU College of Law Patel is an ERISA attorney Christensen has been named in 2013 and was named out- with experience in a range of partner in the firm. He prac- standing law student by the employee benefits and execu- tices primarily in the areas of National Association of tive compensation matters, real estate and corporate/ Women Lawyers. including in corporate merg- securities. ers and acquisitions. Mr. he Kennedy Law Firm Peters is a tax attorney whose onner & Winters Tannounces the opening of practice focuses on general Cannounces Crystal A. its new offices located at 1107 tax planning, structuring Johnson, Heidi M. Nichols, NW 26th St., Oklahoma City, business transactions, estate David S. Randolph and Eliz- 73106. The firm will continue planning and federal and abeth G. Zeiders have to offer a broad range of ser- state tax disputes. Ms. Whit- become partners at the firm. vices, with a focus on civil lit- ing-Ralston is a trial lawyer Ms. Johnson concentrates her igation. The firm can be whose practice focuses on practice on commercial litiga- reached by phone at 405-778- labor and employment law tion and graduated from the 8820, fax at 405-778-8822 or as well as general civil and University of Arkansas School e-mail at bkennedy@kenne- business litigation. of Law in 2007. Ms. Nichols dylawfirm.net. focuses her practice on litiga- ableGotwals announces tion and holds a J.D. from St. cAfee & Taft have GPaul Rossler and Greg Louis University. Mr. Ru- Mnamed eight new share- Metcalfe have been named dolph practices in the firm’s holders in the firm; Mark H. shareholders in the firm. Mr. corporate group in Tulsa with Allen, Jody Warmbrod Dish- Rossler’s practice focuses on an emphasis on banking and man, J. Barrett Ellis, Roberta intellectual property and finance and mergers and Browning Fields, Maria E. engineering. Prior to joining acquisitions. He holds a J.D. Gonzalez, Alison Patel, the firm, Mr. Metcalfe served from TU. Ms. Zeiders practic- Keith E. Peters and Sharolyn eight years as assistant attor- es in the areas of commercial C. Whiting-Ralston. Mr. ney general and focuses his

174 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 practice on litigation and marks, copyrights, entertain- elli Stump presented appeals. ment law and Internet law as K“Navigating the Immi- well as licensing, transaction- gration Law Waters” and ichael L. Mullins, Trac- al and litigation matters. She “Ensuring a Smooth Course: ey D. Martinez, Jamie M recently graduated from Review of Best Practices K. Sexton and Ryan J. Reaves Oklahoma City University Before the Immigration announce the formation and School of Law. Court” at the 16th Annual opening of their law firm, American Immigration Law- Mullins Martinez Sexton & yers Association New York Reaves PC. The attorneys for- Chapter Immigration Law merly practiced with the law Symposium in December. firm of Mullins, Hirsch, Edwards, Heath, White & arvin A. Isaacs spoke on Martinez PC. The group will Gclosing arguments at the continue to focus its practice Bob Chaloupka Trial Skills in the area of family law with Seminar held in Scottsbluff, an emphasis on matters Calvin Sharpe of Phil- Neb., on Nov. 15, 2013. involving valuation and divi- G. lips Murrah presented sion of substantial marital “Civility Matters” along with How to place an announce- estates, complex business Judge Patricia Parrish, Bill ment: The Oklahoma Bar Journal evaluation, high income sup- Grimm, Dan Fulluo and welcomes short articles or port issues, custody litigation, James Jennings. The presen- news items about OBA mem- appellate work and prepara- tation was part of the OBA bers and upcoming meetings. tion of prenuptial agreements. Annual Meeting and aimed at If you are an OBA member and you’ve moved, become a part- The new firm is located in the educating lawyers on the eth- ner, hired an associate, taken Waterford Complex at 6307 ics of civility in a courtroom on a partner, received a promo- Waterford Blvd., Suite 215, setting. tion or an award, or given a Oklahoma City, 73118 Wayne Cooper of the talk or speech with statewide and can be reached at firm Doerner, Saun- or national stature, we’d like 405-235-2335 or on the web H. ders, Daniel & Anderson LLP to hear from you. Sections, at www.mmsrlaw.com. committees, and county bar spoke on engineering busi- associations are encouraged rowe & Dunlevy an- ness law at a seminar on engi- to submit short stories about Cnounced that Vicki neering law held in Tulsa upcoming or recent activities. Behenna, a former federal recently. Honors bestowed by other prosecutor, has joined the Douglas Stump present- publications (e.g., Super Law- firm’s Oklahoma City office ed “Advanced Practice yers, Best Lawyers, etc.) will not as a director. Behenna’s prac- T. be accepted as announcements Tips for Provisional Waivers tice will focus on white collar (Oklahoma-based publications and Traditional Unlawful compliance, government rela- are the exception.) Information Presence Waivers” and “Hot tions and healthcare. Ms. selected for publication is Topics, Legislative and Behenna was a federal prose- printed at no cost, subject to Administrative Updates” at cutor in the U.S. Attorney’s editing, and printed as space the American Immigration Office for the Western District permits. Lawyers Association Confer- of Oklahoma for over 25 Submit news items via email to: ence in Anaheim, Calif., years before she joined recently. Mr. Stump also Jarrod Beckstrom the firm. spoke on legislative develop- Communications Dept. unlap Codding announc- ments and presented an arti- Oklahoma Bar Association Des that former legal cle on processing I-601 waiv- 405-416-7084 intern Elizabeth E. Lauder- ers at the December 2013 [email protected] back has been named an New York Annual Conference Articles for the Feb. 15 issue associate at the firm. Ms. Lau- on Immigration Law. must be received by Jan. 21. derback practices in the areas of patent prosecution, trade-

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 175 IN MEMORIAM

uth Ann Box of Aurora, ayne Lowell Johnson of lege of Law in 1976. Memorial RColo., died Jan. 2, 2014. WEdmond died June 28, contributions can be made to She was born Jan. 24, 1953, 2012. Born March 28, 1934, in the American Cancer Society. she earned an OU journalism Marysville, Calif., he earned arianne Holland Michel degree in 1976 and graduated his J.D. from the University of from the OU College of Law Denver after serving in the Mof Wilmette, Ill., died in 1982 after working as a U.S. Army during the Korean Aug. 1, 2012. She was born journalist for a number of conflict. He was an Oklahoma Sept. 30, 1941, in Leland, years in Oklahoma City. She assistant attorney general until Iowa. She graduated from focused her practice on real his retirement in early 2012. Forest City High School in estate law before moving to 1959 and went on to earn a D. “Dale” McDoulett Jr. Dallas where she worked for B.S. in chemistry from Iowa of Tulsa died Nov. 28, Lawyers Title Insurance. She C. State University in 1962. She 2013. He graduated from was general counsel for two was a researcher at the Ames Duncan High School in 1963 nutrition companies before Lab, Penick & Ford, Washing- and went to OU to earn his selling her interest and mov- ton University and Minnesota B.B.A. and J.D. degrees, ing to Colorado where she Valley Testing Labs. She attaining the latter in 1970. worked for American Title earned her J.D. from the Uni- Upon graduation, he moved Insurance until her retirement. versity of Iowa at age 49. She to Tulsa and joined the law then worked as a patent attor- eorge Warren Flippo of firm of Holliman, Langholz, ney for Phillips Petroleum GTulsa died Nov. 27, 2013. Runnels and Dorwart and Co., Chevron and Pioneer He was born Aug. 5, 1945, became a partner in 1975. In Hi-Bred International. She and graduated from the TU 1976 he joined Falcon Coal was an avid traveler and College of Law in 1972. Co. in Lexington, Ky., as vice visited all seven continents. oseph C. Jennings of Tulsa president. Diamond Shamrock Memorial contributions can Jdied Dec. 8, 2013. He was Oil Co. merged with Falcon be made to the Marianne born Nov. 3, 1930, in Whiz- and Dale was moved to Dal- Michel Holland Fund, Chase bang in Osage County. He las in 1981 first as director of Bank, Attn: Brian Kolb, graduated with a degree in planning and development, 1200 Central Ave., Wilmette, banking and finance from then as the president of their IL 60091. new international oil unit. In Oklahoma A&M College in iram Keith Myers Jr. 1992 he became president and of 1951. He served in the U.S. Edmond died July 9, Army during the Korean con- CEO of North American Plati- H num and Palladium Mining 2013. He was born Sept. 10, flict. After receiving his dis- He joined Co. He retired in 1996. In his 1931, in Utica, Mo. charge he received his J.D. the U.S. Navy at the age of 16 retirement he was CFO of a from TU in 1958. After prac- and after his service, earned a ticing law in Tulsa he was small cement testing equipment business. He served as a bachelor’s degree from Cen- elected in 1967 as a district tral Michigan University and judge, serving Tulsa County trustee of the University of Oklahoma Foundation and he a law degree from TU. He for 28 years. He was a 33rd was admitted to the Oklaho- Degree Mason, receiving a also served on the Bank of Oklahoma Board of Directors. ma bar in 1964. During his 35- 50-year recognition in 2010 year career as a trial lawyer, and member of the supreme Memorial contributions can be made to the University of he practiced from his firms in council in Washington, D.C. Hollis and Altus. He also ran He was an adjunct professor Oklahoma Foundation, 100 Timberdell Rd., Norman, on the Democratic ticket as a at TU and served on the candidate for the U. S. Con- administrative board of Bos- OK 73019 or Yellowstone Association.org. gress. He served on the ton Avenue Methodist boards of Western Oklahoma Church. Memorial contribu- onica E. McKnight of State College in Altus, the tions may be made to Boston MVienna, Va., died Sept. 3, American Civil Liberties Avenue Television Ministry, 2013. Born May 17, 1942, she Union of Oklahoma and the 1301 S. Boston Ave, Tulsa, OK graduated from the OU Col- Channing Unitarian Church 74119.

176 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 in Edmond. Upon his retire- Association and other civic Antlers. He was active in his ment from law, he began his organizations. Memorial con- community as a member of career as an author. He pub- tributions may be made to the the Chamber of Commerce, lished In Pursuit of the Speckled Bone Marrow Transplant Lion’s Club, Pushmata Bar Gumball and Corkscrewed, two Research Fund, Washington Association and school board. of three volumes of his mem- University Division of Oncol- He was a member of the First oirs. His other books include ogy, Box 8007, Attention: Rob- United Methodist Church. Malachi’s Child and The Bap- ert Barczewski, 660 Euclid ouston Shirley of Glen- tism of Vincent Scarlotti. Avenue, St. Louis, MO 63110. pool died Dec. 12, 2013. Memorial contributions can H ichael Edward Schmidt He was born Jan. 8, 1946, in be made to the ACLU of of Dallas died Jan. 2, Tulsa, where he attended Oklahoma or the Channing M 2014. He was born April 8, Tulsa Central High School. He Unitarian Church of Edmond. 1966, and attended Highland received his B.A. from OU in urtis Allan Parks of Tulsa Park High School in Dallas 1968. He served in the U.S. Cdied Dec. 18, 2013. He before receiving a B.A. from Army as a first lieutenant, was born Sep. 6, 1942, in Southern Methodist Universi- information officer for the Tulsa. He received a degree in ty. He earned an M.B.A. and 1st and 4th Armored Divi- business administration and J.D. from OCU in 1992 and sion. He earned his J.D. from his J.D. from TU in 1967. joined his father at the TU in 1974. He was an attor- While at TU he was a member Schmidt Firm LLP. He served ney for 39 years, practicing in of the Sigma Chi fraternity. on the Texas Trial Lawyers Houston before owning his He founded the Parks & Association board. He was a own practice in Bixby and Beard Law Firm along with member of the Highland Park Glenpool. He served as a his friend Michael Beard. Mr. Presbyterian Church, the Supreme Court of Muscogee Parks was an avid sportsman American Association for Jus- (Creek) Nation justice for 13 and enjoyed hunting and fish- tice and the International years, including service as ing with friends and his dogs. Society of Barristers. Memori- chief justice. He was a mem- al contributions can be made ber of Bixby First United David “Dave” Roberts of in Mr. Schmidt’s name to the Methodist Church, the Bixby Oklahoma City died Jan. K. Baylor Health Care System Historical Society and a 32nd 6, 2014. He was born Sep. 26, Foundation, Gift of Life Fund degree Mason. Memorial con- 1946, in Bartlesville. He for Celebrating Women, 3600 tributions may be made to the received his undergraduate Gaston Ave., Suite 100, Dallas, Texas Scottish Rite Hospital degree in 1968 from OU and TX 75246 or the Highland for Children, 2222 Welborn his J.D. from the OU College Park Presbyterian Church. St., Dallas, TX 75219. of Law in 1971. During all three years of law school he obert Sterling Settles of ohn Romig Smith of Shaw- worked for the law firm Rine- RAntlers died Dec. 17, 2013. Jnee died Feb. 19, 2013. Born hart, Cooper and Stewart in He was born Nov. 26, 1947, in May 15, 1930, he graduated Oklahoma City. Two years Big Springs, Texas. He gradu- from Classen High School in later he formed his own prac- ated with a degree in industri- 1948 and served in the U.S. tice with a lifelong friend, and al engineering from OSU in Navy during the Korean con- the two practiced law for 25 1971. He was honored as the flict before attending OU years. Mr. Roberts then top ROTC cadet. After gradu- where he graduated in 1956. worked as a solo practitioner ation he did a tour of duty as He earned his J.D. from the until his death. He served as an officer with the U.S. OU College of Law in 1959. chairman of the Oklahoma Army, including airborne He was a founding member Board of Bar Examiners. He ranger training and a brief and president of the Oklaho- was a past president of the period of service under Gen. ma Criminal Defense Lawyers Quail Creek Golf and Country Colin Powell. He was a mem- Association and served as a Club and a member of the ber of the U.S. Army for 30 prosecutor in the City of Val- Oklahoma City Golf and years and retired from the ley Brook. He coached little Country Club. He also served U.S. Army Reserves as a col- league, loved to play golf and, on the vestry of All Souls’ onel. He received his J.D. an Eagle Scout himself, was Episcopal Church and on the from OU in 1977. He began also a scout leader. board of the American Heart practicing law in 1978 in

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 177 ewey Witt Stark Jr. of attorney for the Western Dis- phony, hiking in Rocky DDallas died July 22, 2013. trict of Oklahoma, and later Mountain National Park and Born Oct. 19, 1928, in Bearden, went into private practice traveling to new places. Ark., he graduated from focusing on civil law. Stan Memorial contributions may Ouachita Baptist University in also represented Tinker Air be made to the Pasadena 1950. He served as first lieu- Force Base and received the Symphony, 2 N. Lake Ave, tenant in the U.S. Army for U.S. Air Force medal “For Pasadena, CA 91101 or two years in Germany. He Selfless Sacrifice.” Stan’s hob- Hathaway Sycamores, returned home and graduated bies were keeping informed of 210 S. De Lacey Ave., Pasa- from the University of Arkan- world affairs and animal pho- dena, CA 91105. sas School of Law in 1956. tography. Memorials gifts urton Clark Wood of Following that, he moved to may be sent to Sister Barbara Washington, D.C., died Tulsa where he served as Joseph’s Pantry, 819 NW 4th, B May 9, 2010. He was born assistant city attorney and Oklahoma City, OK 73103. had a private law practice. In Dec. 27, 1923, in Oklahoma illiam Aciel Wilbanks 1975, he was appointed as an City. He attended OU and he joined administrative law judge and Wof Independence, Kan., after his junior year, the U.S. Army, graduated served in that capacity in Dal- died Nov. 20, 2013. Born Jan. officer candidate school and las until his retirement in 14, 1935, in Tulsa, he earned became a 2nd lieutenant in 2005. He served for many his B.A. and J.D. from TU, the infantry serving during years as a Bible teacher and graduating law school in World War II and after as deacon at the First Baptist 1965. He was also a graduate part of the occupation. Church of Tulsa and the First of the FBI National Academy. He Baptist Church of Dallas. He was captain of the Tulsa returned to OU and finished Memorial contributions can Police Department and his B.A and proceeded to be made to the Chinese Minis- became head of the police attend Harvard Law School, try at First Baptist Church, academy. In his retirement, he graduating in 1950. After a Dallas; Young Life, North taught criminal law at TU and stint with the Oklahoma City Central Texas; or the Cove- Tulsa Community College. law firm of Embry, Johnson, Crowe & Tolbert, he became nant School of Dallas. inda Brackins Willett of chief of staff for Oklahoma Pasadena, Calif., died July tan Twardy of Edmond L Congressman John Jarman in 29, 2013. She was born March died July 20, 2012. He was Washington, D.C. After leav- S 4, 1945, in Tulsa. She earned born Dec. 27, 1927. He served ing the congressman’s office her undergraduate degree at in the armed corps in Italy he worked for the National TU, her J.D. from TU in 1976 during World War II. He Association of Homebuilders and an M.A. from the Univer- served as an intelligence ana- and the Federal Housing sity of Nebraska. She taught lyst and interpreter in the Administration. His final job at the University of Arkansas office of the U.S. special repre- was with the Mortgage Bank- and Ohio Northern University sentative in Europe before ers Association. For many law schools and at Southwest- becoming a journalist for sev- years he was a senior vice- ern Law School in Los Ange- eral newspapers and manag- president in charge of legisla- les. She served as president of ing editor of the Oklahoma tive affairs. He remained with the Women Lawyers Associa- Courier, a statewide diocesan the MBA for 33 years until his tion of Los Angeles. She newspaper. Later, he became death. He was an active par- served on the women’s com- chief of information for the ticipant in civic affairs, was a mittee for the Pasadena Sym- nuclear energy division of supporter of the arts in the phony and was a board mem- General Electric in San Jose, district and a generous ber of Hathaway Sycamores, Calif., and speech writer for contributor to charitable an organization that helps top management of Standard organizations. Memorial children and families in need. Oil (Amoco) in Chicago. Stan contributions may be made She was also a founding earned his J.D. and master’s to the Washington Home, member of the legal support degree in law from John Mar- The Washington National network for Amnesty Interna- shall Law School in Chicago. Opera or to an entity of the tional. She enjoyed music, He served as assistant U.S. donors choice. including the opera and sym-

178 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 IN MEMORIAM

OBA 1995 President James Duke Logan

ames Duke Logan, 82, attorney and longtime resident of Vinita, died Dec. 22, J2013, at Heartsworth Center for Nursing and Rehabilitation. An accomplished trial lawyer for more than 50 years, Duke Logan was founding partner of the Vinita law firm, Logan and Lowry LLP. Among professionals, family and friends, he was known for his tenacious work ethic, caustic wit and skilled command of the English language. This was evident in the courtroom, at the dinner table, counsel for the state agency for six years. He and in his professional and personal corre- was a fellow of the American College of Trial spondence, which he often illustrated with Lawyers, American Bar Foundation, and the caricatures of himself and others. Oklahoma Bar Foundation. He also served on Mr. Logan was born on Feb. 4, 1931, in Nor- the board of the Oklahoma Historical Society. man and attended school there until his high A multi-talented individual, he took plea- school graduation. In 1949, he attended OU sure in painting, sculpting, woodcarving and and joined the Sigma Chi fraternity. After furniture making. For a time, he owned a pri- graduating from OU with a B.A. degree, he vate plane, and was known to “buzz” the earned his J.D. from the OU College of Law, homes of neighbors and friends. A proud while working nights as a policeman for the yellow dog Democrat, he relished political Norman Police Department. At OU, he met discourse and jokes, often at the expense of the love of his life, Dorothy Darrough. The his Republican family and friends. He was couple married in 1953. They soon moved to a diehard Sooner fan, avid quail hunter Vinita where Mr. Logan established his law and trout fisherman who enjoyed spending practice in 1955. many wonderful summers with his wife There, he served on the board of directors at their cabin in Colorado. In his later years, of First National Bank & Trust of Vinita, First he enjoyed long drives on his ranch west National Bank of Chelsea and the Vinita of Vinita. School Board. For many years he acted as He is preceded in death by wife, Dorothy attorney for the City of Vinita, and as general Darrough Logan; parents, Dr. and Mrs. counsel for the Grand River Dam Authority Leonard M. Logan Jr.; and brother Leonard and Northeast Oklahoma Electric Coopera- M. Logan III. He is survived by his brother, tive. He was a member and former president Kuyk Logan of Houston; children, Eliza- of the Craig County Bar Association and a beth “Liz” Logan, Leonard M. Logan IV, founding member and director of Cattlemen’s and Mary Logan Wolf of Vinita, and James Life Insurance Company. “Jay” Duke Logan II of Ozark, Ark.; grand- In 1995, Mr. Logan was elected Oklahoma sons John Seidenberger and James Seiden- Bar Association president. Following his term berger of Vinita; and many loving nieces of office, Gov. Brad Henry appointed him as and nephews. chairman and member of the Oklahoma Memorial contributions may be sent to Council on Judicial Complaints. He served in Craig County Salvation Army, 224 W. this capacity for 10 years and as general Sequoyah Ave., Vinita, OK, 74301.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 179 CLASSIFIED ADS

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HANDWRITING IDENTIFICATION Want To Purchase Minerals AND OTHER POLYGRAPH EXAMINATION OIL/GAS INTERESTS. Send details to: P.O. Box 13557, Board Certified Court Qualified Denver, CO 80201. Diplomate — ABFE Former OSBI Agent Life Fellow — ACFEI FBI National Academy FORENSIC ACCOUNTING SERVICES BY FORMER IRS SPECIAL AGENTS Arthur D. Linville 405-736-1925 Litigation support, embezzlement and fraud investigations, expert witness testimony, accounting DO YOU OR YOUR CLIENTS HAVE IRS PROBLEMS? irregularities, independent determination of loss, due Free consultation. Resolutions to all types of tax prob- diligence, asset verification. 30+ years investigative lems. Our clients never meet with the IRS. The Law and financial analysis experience. Contact Office of Travis W. Watkins PC. 405-607-1192 ext. 112; Darrel James, CPA, [email protected] or 918-877-2794; 800-721-7054 24 hrs. www.taxhelpok.com. Dale McDaniel, CPA, [email protected], 405-359-0146. INTERESTED IN PURCHASING PRODUCING & NON-PRODUCING Minerals; ORRI; O & G Interests. INSURANCE EXPERT - Michael Sapourn has been Please contact: Patrick Cowan, CPL, CSW Corporation, qualified in federal and state courts as an expert in the P.O. Box 21655, Oklahoma City, OK 73156-1655; 405- Insurance Agent’s Standard of Care, policy interpreta- 755-7200; Fax 405-755-5555; email: [email protected]. tion and claims administration. An active member of the Florida Bar, he spent 30 years as an Insurance agent Appeals and litigation support and adjuster. He is a member of the National Alliance faculty, a leading provider of education to agents. Call Expert research and writing by a veteran generalist 321-537-3175. CV at InsuranceExpertWitnessUS.com. who thrives on variety. Virtually any subject or any type of project, large or small. NANCY K. ANDER- SON, 405-682-9554, [email protected]. TREE DAMAGE, CONSULTING ARBORIST Creative. Clear. Concise. Expert witness, tree appraisals, reports, damage assessments, herbicide damage, hazard BRIEF WRITING, APPEALS, RESEARCH AND DIS- assessments, all of Oklahoma and beyond. COVERY SUPPORT. Eighteen years experience in civil Certified arborist, OSU horticulture alumni, litigation. Backed by established firm. Neil D. Van 23 years in business. [email protected]; Dalsem, Taylor, Ryan, Schmidt, Van Dalsem & Wil- liams PC, 918-749-5566, [email protected]. UNITED HEALTH FOUNDATION America’s Health OF COUNSEL LEGAL RESOURCES — SINCE 1992 — rankings 1995 Overall. Utah ranked 1st, Oklahoma Exclusive research & writing. Highest quality: trial and 42nd http://www.americashealthrankings.org/OK- appellate, state and federal, admitted and practiced UT/1995. Learn how to live healthy. Contact Choate U.S. Supreme Court. Over 20 published opinions with Water Engineering , 209 East Broadway Avenue, Semi- numerous reversals on certiorari. MaryGaye LeBoeuf nole, 74868, 405-382-8883, [email protected]. 405-728-9925, [email protected]. TRAFFIC ACCIDENT RECONSTRUCTION EXPERT WITNESSES • ECONOMICS • VOCATIONAL • MEDICAL INVESTIGATION • ANALYSIS • EVALUATION • TESTIMONY Fitzgerald Economic and Business Consulting 25 Years in business with over 20,000 cases. Experienced in Economic Damages, Lost Profits, Analysis, Business/ automobile, truck, railroad, motorcycle, and construction zone Pension Valuations, Employment, Discrimination, accidents for plaintiffs or defendants. OKC Police Dept. 22 Divorce, Wrongful Discharge, Vocational Assessment, years. Investigator or supervisor of more than 16,000 accidents. Life Care Plans, Medical Records Review, Oil and Gas Jim G. Jackson & Associates Edmond, OK 405-348-7930 Law and Damages. National, Experience. Call Patrick Fitzgerald. 405-919-2312.

180 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 OFFICE SPACE POSITIONS AVAILABLE LUXURY OFFICE SPACE – One office available for lease in the Esperanza Office Park near NW 150th and CHILD SUPPORT SERVICES (CSS) May in OKC. Fully furnished reception area, reception- a division of the Oklahoma ist, conference room, complete kitchen, fax, high-speed Department of Human Services internet, building security, free parking, $870 per Announcement 14-M001U month. Please call 405-285-8118. ATTORNEY IV, Tulsa West CSS CHILD SUPPORT SERVICES is seeking a full-time EXECUTIVE SUITES DOWNTOWN OKLAHOMA attorney for our Tulsa West CSS Office located at 440 CITY. Fully furnished with all bills and secretarial ser- S Houston, STE 401, Tulsa, OK 74127. The position vice included, copier, fax, Internet and conference involves negotiation with other attorneys and cus- rooms. Rates range from $750-$1500/mo. Call Lauren tomers as well as preparation and trial of cases in for details at 405-605-2375. child support hearings in district and administrative LEGAL SUITES AND VIRTUAL OFFICES AVAILABLE courts and the direction of staff in the preparation of • Downtown Tulsa • Month to month leases starting at legal documents. In addition, the successful candi- $360.00 • One block south of courthouse • Phones and date will help establish partnership networks and WIFI internet available • Multiple conference rooms • participate in community outreach activities within Reception area, kitchen, restrooms, copy area • Easy the service area in an effort to educate others regard- parking • Conference room leasing by the day! $50-$75 ing our services and their beneficial impact on fami- • Call: Pat Huether, MoreLaw Suites 918-398-5678 or lies. Position will provide recommendations and ad- [email protected] Stop by: 624 S. Denver #300. vice on policies and programs in furtherance of strategic goals. In depth knowledge of family law re- GET A BRANCH VIRTUAL OFFICE starting at $500/ lated to paternity establishment, child support, and month Downtown OKC. Private Suites available. Ex- medical support matters is preferred. Preference may ecutive Suites @ 100 Park Ave. A couple of blocks from also be given to candidates who live in or are willing the courthouses, minutes from the Capitol, directly to relocate to the service area. across from Skirvin. Fully turnkey. Short-term leases Active membership in the Oklahoma Bar Associa- available, daily rental for conference rooms also avail- tion is required. This position has alternate hiring able. Call Tatum for details. 405-231-0909. levels. The beginning salary is at least $40,255.08 annually with an outstanding benefits package including health & dental insurance, paid leave & retire- OFFICE SHARE ment. Interested individuals must send a cover letter OFFICE SHARE WANTED – Solo oil & gas seeks office noting announcement number 14-M001U, a DHS Ap- share in OKC/Norman metro. Require experienced plication (Form 11PE012E), résumé, three reference let- personnel supporting oil and gas title and Corporation ters, and a copy of current OBA card to: Department of Commission work. Require high speed internet. Low Human Services, Human Resource Management Divi- maintenance tenant; but seeking quality workspace. sion, Box 25352, Oklahoma City, OK 73125 or email the Send office address and contact information in confi- same to [email protected]. OKDHS Application (Form dence to: [email protected]. 11PE012E) may found at http://www.okdhs.org/ library/forms/hrmd. Applications must be received no earlier than 8:00 am on January 17, 2014, and no POSITIONS AVAILABLE later than 5:00 pm on February 6, 2014. For additional DEBEE GILCHRIST, A DOWNTOWN OKLAHOMA information about this job opportunity, please email [email protected]. CITY LAW FIRM seeks senior legal assistant or paralegal with 5 years’ experience establishing new entities THE STATE OF OKLAHOMA IS AN EQUAL and operating agreements for transactional matters. OPPORTUNITY EMPLOYER Firm provides a salary commensurate with experience, a benefit package and bonus opportunity. Applications THE OKLAHOMA WORKERS’ COMPENSATION will be kept in the strictest confidence. Please send ré- COMMISSION is accepting applications from interest- sumé to: DeBee Gilchrist, 100 North Broadway, Suite ed persons to serve as Administrative Law Judges. 1500, Oklahoma City, Oklahoma 73102. Attention: Hu- Candidates must have been licensed to practice law for man Resources. at least three years and have at least three years experience in workers’ compensation prior to appointment. THE OKLAHOMA WORKERS’ COMPENSATION Applications will be accepted until 5:00p Friday, Janu-

COMMISSION is in need of two attorneys to serve as ary 24, 2014, for positions to begin on or after February law clerks to the Commissioners. These are full time 1, 2014. ALJs are full time employees with state bene- paid positions with state benefits. This is an ideal op- fits. Some travel will be required. Application forms portunity for a recent graduate or lawyer with 0-2 years may be downloaded from www.owcc.state.ok.us. Sub- experience. Submit résumé and writing sample to Rob- mit application form, résumé, and writing sample to [email protected], or mail to 1915 N. Stiles Ave, [email protected], or mail to 1915 N. Stiles Oklahoma City, 73105. Positions close Jan. 31, 2014. Ave, Oklahoma City, 73105.

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 181 POSITIONS AVAILABLE POSITIONS AVAILABLE MID-SIZED EDMOND FIRM SEEKS LITIGATOR. Five PIERCE COUCH HENDRICKSON BAYSINGER &

to 7 years of experience and demonstrated excellent re- GREEN, L.L.P. is seeking an experienced legal assistant search and writing skills. Competitive salary commen- for an opening in the Tulsa office. We are seeking an surate with experience. Send résumé to “Box Y,” Okla- individual who has good computer and organizational homa Bar Association, PO Box 53036; Oklahoma City, abilities, excellent interpersonal skills and is detail OK 73152. oriented. Mortgage litigation and insurance defense ANDREWS DAVIS, AN AV-RATED OKC LAW FIRM, experience preferred but not required. Please submit résumés by email to [email protected]. has an opening for an energetic individual with a tax LLM or CPA background to work with senior attorney SMALL DOWNTOWN AV RATED LAW FIRM needs in the areas of tax planning, tax controversies, business

experienced OFFICE MANAGER. Must have experi- startups, and estate planning. Apply in confidence ence with payroll, A/P and A/R, billing, employment with résumé and writing samples or case citations to records, HR matters, bank reconciliations, financial [email protected]. statement preparation for outside CPA, and general office management. Need to be proficient in Timeslips, ANDREWS DAVIS, AN AV RATED DOWNTOWN QuickBooks, Word and Excel. Salary commensurate

OKC LAW FIRM, is seeking a paralegal with 7+ years with experience. Send résumé including references to of experience in corporate, business entities, business “Box J,” Oklahoma Bar Association, P.O. Box 53036, transactions and litigation. Advanced Word skills, in- Oklahoma City, OK 73152. cluding document comparison and document management system experience are required. Excellent organi- AN AV RATED OKLAHOMA CITY FIRM, seeks an as- zational skills are a must. A paralegal certificate is

sociate attorney with 1-3 years’ experience. Excellent preferred. Andrews Davis offers a great work environ- research and writing skills essential. Deposition experi- ment and competitive compensation and benefit pack- ence a plus. The attorney will work with partners on age. Qualified applicants may email their résumé to insurance defense, medical malpractice and products [email protected]. No phone calls, please. liability cases. Health insurance and other benefits included. Résumé, transcript and writing sample are re- EXPERT WITNESS ON REAL ESTATE TITLES — quired. Please send your résumé, writing sample and KRAETTLI Q. EPPERSON. Available as an expert con- transcripts to: Denise J. Abston, Office Administrator: sultant and/or witness for litigation or appeals on Real [email protected]. Estate Title matters. Over thirty years of experience in title examination and title litigation. OCU Adjunct Law THE OKLAHOMA TAX COMMISSION, LEGAL DIVI-

Professor teaching Oklahoma Land Titles since 1982. SION seeks an attorney for an opening in its OKC of- OBA Real Property Law Section Title Examination fice, Protests/Litigation Section. Applicants must be li- Standards Committee Chair since 1992. General Editor censed to practice law in Oklahoma. 0-5 years’ of Vernon’s Oklahoma Forms 2d: Real Estate. Interest- experience preferred. Submit résumé and writing sam- ed in unusual and complex title issues. Over 200 pa- ple to Abby Dillsaver, Deputy General Counsel, 120 N. pers presented or published on real estate and oil/gas Robinson, Suite 2000W, Oklahoma City, OK 73102- matters, especially title issues. Visit www.Epperson 7801. The OTC is an equal opportunity employer. Law.com, & contact me at [email protected] or 405-840-2470. ASSISTANT DIRECTOR – IMMIGRATION LEGAL

SERVICES Catholic Charities seeks an attorney to serve DEBEE GILCHRIST, AN AV OKLAHOMA CITY LAW as the Assistant Director for the Immigration Legal Ser-

FIRM seeks attorney with 3-5 years’ experience in vices Department. This position coordinates with Direc- transactional matters and background in accounting. tor of the Immigration Legal Services to implement poli- An advanced degree in accounting or CPA is preferred. cies and procedures of the Immigration Legal Services, Bonus opportunity is available and salary is commen- manages ILS grants, and manages a caseload under the surate with experience. Applications will be kept in the supervision of the Director. The successful candidate strictest confidence. Please send résumé to: DeBee Gil- will be bilingual (Spanish) with supervisory experience christ, 100 North Broadway, Suite 1500, Oklahoma City, and two years experience in the field of immigration Oklahoma 73102. Attention: Human Resources. law. Send cover letter, résumé and salary history to Hu- AN AV-RATED OKLAHOMA CITY DEFENSE FIRM man Resources, 1501 N. Classen Blvd, OKC, 73106 or [email protected]. seeks an experienced personal injury and Workers Compensation paralegal with at least 3 years experience in Oklahoma City. Please submit résumé and salary requirements to “Box Q,” Oklahoma Bar Associa- tion, PO Box 53036, Oklahoma City, OK 73152.

182 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 FOR SALE CONNER & WINTERS, a regional full-service firm, seeks

associate attorney with 1 to 4 years of experience for a full-time litigation position in Oklahoma City. The ideal candidate will possess excellent legal writing and research skills, a willingness to work closely with senior attorneys while independently taking responsibility for challenging projects and cases in a variety of industries, creativity and a strong academic background. This partnership track position is immediately available and provides top of the market compensation and benefits. Ap- plicants should submit résumé, law school transcript and writing sample under cover letter to “Recruiting Co- ordinator” via email to [email protected]. All applications are confidential.

FOR SALE COMPLETE SET OF OKLAHOMA STATUTES AN-

NOTATED. $1500. Ask for Teresa, 405-702-4070. CLASSIFIED INFORMATION

CLASSIFIED RATES: $1 per word with $35 minimum per in- sertion. Additional $15 for blind box. Blind box word count must include “Box ___, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152.” Display classified ads with bold headline and border are $50 per inch. See www.okbar.org for issue dates and display rates. DEADLINE: Theme issues 5 p.m. Monday before publication; Court issues 11 a.m. Tuesday before publication. All ads must be prepaid. SEND AD (email preferred) stating number of times to be published to: [email protected], or Emily Buchanan, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152. Publication and contents of any advertisement is not to be deemed an endorsement of the views expressed therein, nor shall the publication of any advertisement be considered an endorsement of the procedure or service involved. All placement notices must be clearly non-discriminatory. DO NOT STAPLE BLIND BOX APPLICATIONS

Vol. 85 — No. 2 — 1/18/2014 The Oklahoma Bar Journal 183 THE BACK PAGE

Father William is Deposed By James Drummond (With apologies to Lewis Carroll)

“You are old, Mr. William,” the young deposer said, “And your answers are evasive and vague, And you insist that it’s due to poisoning by lead As your lawyer’s objections spread like The Plague.” “If I’m responsive,” said William, “it will spoil the fun, And I fear it might injure my claim — And since you’re perfectly sure I have none, I’ll confine my answers to stating my name.” “You are rude,” said the deposer, “and this is becoming a bore, And your claims are stupid at that; If lead paint made you sick in an unpainted brick Then I’ll fly to the moon on my cat!” “In my youth,” said the sage, “for 700 weeks, I sucked on the point of my pencil And stored my lead sinkers in my cheeks And my brain is shredded to tinsel!” “You lie,” said the deposer, “you were never in school And you said you only noodled and fished with a net; Though you think your claims clever, succeed will they never, I request you admit you’re all wet!” “In my youth,” said the plaintiff, “I took to the law, And argued each case with my wife; And the muscular strength, which it gave to my jaw, Has lasted the rest of my life.” “Now I have answered thirty questions, and that is enough, so please do not give yourself airs! Do you think I can listen all day to such stupid stuff? Be off, or I’ll kick you downstairs!”

Editor’s Note: This poem is inspired by a poem recited by Alice in Lewis Carroll’s Alice’s Adventures in Wonderland. Mr. Drummond practices in Norman, but will soon relocate to Round Rock, Texas.

184 The Oklahoma Bar Journal Vol. 85 — No. 2 — 1/18/2014 You are not alone. Thursday, Feb. 6 Topic: Compassion Fatigue

Oklahoma City Location 6-7:30 p.m. Office of Tom Cummings 701 N.W. 13th St. Oklahoma City, OK Tulsa Location 7-8 p.m. University of Tulsa College of Law John Rogers Hall 3120 E. 4th Pl. Rm. 206, Tulsa

Contact Kim Reber @ 405-840-0231 • [email protected] LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM Stubborn cases are our specialty. With a success rate of better than 90 percent, we know how to get your case to move.

DRC Panel Members Joseph H. Paulk, President Nationwide 800-372-7540 Daniel J. Boudreau Edward C. Cunningham Oklahoma City 405-228-0300 Sam P. Daniel 3540 S. Boulevard, Edmond J. Christopher Davis James L. Gibbs, II John A. Gladd Tulsa 918-382-0300 Tony M. Graham 1602 S. Main Bradley A. Gungoll Kimberly Lambert-Love Bob L. Latham, Jr. James P. McCann That settles it. We’re calling DRC. John F. McCormick, Jr. Earl D. Mills Larry D. Ottaway Hugh M. Robert John D. Rothman Ted Sherwood Terry M. Thomas