Annual Meeting Hyatt Regency H Tulsa Big Name Speakers H Ssgt Matt Eversmann Real-Life Black Hawk Down Hero H Andrew Card Sept

Volume 82 u No. 23 u September 3, 2011

OBA Annual Meeting Hyatt Regency H Tulsa Big Name Speakers H SSgt Matt Eversmann Real-life Black Hawk Down Hero H Andrew Card Sept. 11, 2001 – From the White House Point of View More Events Offering Free Food with Registration New Bench & Bar Breakfast Going Geek: 2011 Tech Fair Entertainment H The Capitol Steps H Reba McEntire H Red Dirt Rangers

H New Events H Big Name Speakers H Expanded CLE H Top-Notch Entertainment H

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2002 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 Theme: OBA Annual Meeting Departments 2004 From the President contents 2048 From the Executive Director Sept. 3, 2011 • Vol. 82 • No. 23 2050 OBA Board of Governors Actions 2053 Oklahoma Bar Foundation News 2056 Lawyers for Heroes 2058 Access to Justice 2060 Young Lawyers Division 2063 Calendar 2065 For Your Information 2066 Bench and Bar Briefs 2068 Editorial Calendar 2069 In Memoriam 2072 The Back Page Features 2006 New Annual Meeting Events 2008 Big-Name Speakers 2009 Annual Meeting Traditions 2010 Expanded CLE Opportunities By Donita Bourns Douglas 2018 Going Geek: Counting the Ways – OBA Tech Fair By Jim Calloway 2021 Registration Form pg. 2046 2023 House of Delegates Vision for Model Program 2024 Art Contest Registration Form Plus 2025 Elections: 2012 Board of Governors The Jurisdiction of the Oklahoma Vacancies and OBA Nominating 2028 Corporation Commission Petitions Filed By Dale E. Cottingham 2033 Overview of Agricultural Lien Laws in Oklahoma By Erin L. Means 2038 ‘A Weapon Unused’: Offers of Judgment in Part Under Okla. Stat. Tit. 12, §1106 By Robert J. Campbell Jr. , Robert J. Haupt and Leslie L. Lynch 2044 Women in Law Conference: Changing pg. 2044 the World, One Woman at a Time By Deborah Bruce in Law Conference Women 2046 Florida Justice to Share Vision for Model Civics Program

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2003 FROM THE PRESIDENT A Tradition of Pride By Deborah Reheard

As I write this column, I am beginning my ninth and different but “not your daddy’s month as president of this association. Some have com- Annual Meeting.” But the more I mented I am on the downhill side (or downhill “slide” as thought about it, the more I talked the case may be), and the end is in sight. While I am proud with lawyers across the state, law- of the work our organization has accomplished this year to yers of all ages, lawyers promote lawyers, provide access from big firms and to justice for our military mem- small firms, I decided bers and veterans, protect the The challenge is this year’s Annual public from the unauthorized Meeting needed to be practice of law and prepare to to bring back the more like Annual Meet- meet the challenges to the inde- ings of yesteryear. It pendence of our judiciary, the tradition of needed to have lots of biggest challenge of my presi- attending the opportunities to meet dency may lie ahead. Annual Meeting. with and learn from On Nov. 2-4 our association other lawyers and will meet in Tulsa for the 107th judges from across the Annual Meeting of the Oklaho- state. ma Bar Association. So why is that so challenging? The “A Tradition of Pride” is the challenge is to bring back the tradition of attending the theme for the 2011 Annual Meeting Annual Meeting. — pride in who we are, what we do When I was a new lawyer oh so many years ago, it and our accomplishments. Pride in never crossed my mind NOT to attend the Annual Meet- our profession, our heritage, our ing. Since I’m older than webinars and country. The Annual Meeting Com- webcasts, it was not as easy as it is today mittee and bar staff have spent to get the required CLE credit during the hundreds of hours working to year. But CLE was not the reason we went make this Annual Meeting one to Annual Meeting. We went to meet which encourages us to celebrate other lawyers, learn from other lawyers our profession. If we are not proud and socialize with other lawyers. We of who we are and what we do, went to Annual Meeting for a break from why should we expect others to the burdens of practicing law — for the respect us and our profession? camaraderie, the socializing, the educa- The pages of this edition are filled tion, the fun. with information about the new A past president of this association told and improved Annual Meeting. We me the other day that what is missing in know you have lots of choices our profession is that we do not get to throughout the year when it comes President Reheard know each other anymore and that leads to to CLE offerings and hope you will practices in Eufaula. the disrespect, the incivility and the unpro- find the offerings at this year’s [email protected] Annual Meeting interesting, espe- (918) 689-9281 fessionalism we too often see within our own ranks. I cannot disagree with him. cially the new Trial College. But there is so much more to the Annu- When I started planning this year’s al Meeting than CLE. For your Annual Meeting, it was with the thought $60 registration fee, you get free that it would be marketed not only as new continued on page 2045

2004 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 OFFIC ERS & BOARD OF GOVERNORS Deborah A. Reheard, President, Eufaula Cathy M. Christensen, President-Elect, Oklahoma City events Calendar Reta Strubhar, Vice President, Piedmont Allen M. Smallwood, Immediate Past President, Tulsa SEPTEMBER 2011 Martha Rupp Carter, Tulsa 5 OBA Closed – Labor Day Observed Charles W. Chesnut, Miami Renée DeMoss, Tulsa 6 OBA Law-related Education Task Force Meeting; 12 p.m.; Gerald C. Dennis, Antlers Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Glenn A. Devoll, Enid Steven Dobbs, Oklahoma City Contact: Reta Strubhar (405) 354-8890 O. Chris Meyers II, Lawton 8 OBA Women Helping Women Support Group; 5:30 p.m.; The Oil Lou Ann Moudy, Henryetta Center – West Building, Suite 108W, Oklahoma City; RSVP to: Kim Reber D. Scott Pappas, Stillwater David A. Poarch Jr., Norman (405) 840-3033 Ryland L. Rivas, Chickasha OBA Awards Committee Meeting; 12 p.m.; Oklahoma Bar Center, Susan S. Shields, Oklahoma City Oklahoma City; Contact: D. Renée Hildebrant (405) 713-1423 Roy D. Tucker, Muskogee, Chairperson, OBA/Young Lawyers Division 9 OBA Budget Committee Meeting; 10 a.m.; Oklahoma Bar Center, BAR Center Staff Oklahoma City; Contact: Craig Combs (405) 416-7040 John Morris Williams, Executive Director; OBA Military Assistance Task Force Meeting; 2 p.m.; Oklahoma Gina L. Hendryx, General Counsel; Donita Bourns Douglas, Director of Educational Bar Center, Oklahoma City and OSU Tulsa; Contact: Dietmar Caudle Programs; Carol A. Manning, Director of (580) 248-0202 Communications; Craig D. Combs, Director of 14 OBA Diversity Committee Meeting; 12 p.m.; Oklahoma Bar Center, Administration; Travis Pickens, Ethics Counsel; Jim Calloway, Director of Management Assistance Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jeff Trevillion Program; Beverly Petry Lewis, Administrator (405) 778-8000 MCLE Commission; Jane McConnell, Coordinator Law-related Education; Loraine Dillinder Farabow, 15 Oklahoma Bar Foundation Committee Meeting; Lawton Country Debbie Maddox, Ted Rossier, Assistant General Club, Lawton; Contact: Nancy Norsworthy (405) 416-7070 Counsels; Katherine Ogden, Staff Attorney, OBA Bar Association Technology Committee Meeting; 3 p.m.; Tommy Butler, Sharon Orth, Dorothy Walos and Krystal Willis, Investigators Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Gary Clark (405) 744-1601 Manni Arzola, Debbie Brink, Stephanie Burke, Brenda Card, Morgan Estes, Johnny Marie 16 OBA Board of Governors Meeting; Yukon, Oklahoma; Contact: Floyd, Matt Gayle, Brandon Haynie, John Morris Williams (405) 416-7000 Suzi Hendrix, Misty Hill, Debra Jenkins, Amy Kelly, Jeff Kelton, Durrel Lattimore, OBA Women in Law Conference; Oklahoma City Golf and Country Debora Lowry, Heidi McComb, Renee Club, Oklahoma City; Contact: Deborah Bruce (405) 528-8625 Montgomery, Wanda Reece-Murray, Lori Rasmussen, Tracy Sanders, Mark Schneidewent, OBA Uniform Laws Committee Meeting; 2 p.m.; Oklahoma Bar Robbin Watson, Laura Willis & Roberta Yarbrough Center, Oklahoma City and OSU Tulsa; Contact: Don Halladay EDITORIAL BOARD (405) 236-2343 Editor in Chief, John Morris Williams, News OBA Law Day Committee Meeting; 3 p.m.; Oklahoma Bar Center, & Layout Editor, Carol A. Manning, Editor, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Tina Izadi Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Judge Sheila (405) 522-8097 Condren, Claremore; Sandee Coogan, Norman; 17 OBA Young Lawyers Division Committee Meeting; Tulsa County Emily Duensing, Tulsa; Erin L. Means, Enid; Bar Center, Tulsa; Contact: Roy Tucker (918) 684-6276 Pandee Ramirez, Okmulgee; Leslie D. Taylor, Oklahoma City; Joseph M. Vorndran, Shawnee; For more events go to www.okbar.org/calendar January Windrix, Poteau NOTICE of change of address (which must be The Oklahoma Bar Association’s official website: in writing and signed by the OBA member), www.okbar.org undeliverable copies, orders for subscriptions THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar or ads, news stories, articles and all mail items Association. All rights reserved. Copyright© 20082011 Oklahoma Bar Association. should be sent to the Oklahoma Bar Association, The design of the scales and the “Oklahoma Bar Association” encircling the P.O. Box 53036, Oklahoma City, OK 73152-3036. scales are trademarks of the Oklahoma Bar Association. Legal articles carried Oklahoma Bar Association (405) 416-7000 in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Toll Free (800) 522-8065 FAX (405) 416-7001 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Continuing Legal Education (405) 416-7006 a month in january, February, March, April, May, August, Septem- Ethics Counsel (405) 416-7055 ber, October, November and December and bimonthly in June and General Counsel (405) 416-7007 July. by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, Law-related Education (405) 416-7005 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- Lawyers Helping Lawyers (800) 364-7886 homa City, OK. POSTMASTER: Send address changes to THE OKLAHOMA Mgmt. Assistance Program (405) 416-7008 BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip- Mandatory CLE (405) 416-7009 tions are $55 per year except for law students registered with the OBJ & Communications (405) 416-7004 Oklahoma Bar Association, who may subscribe for $25. Active mem- Board of Bar Examiners (405) 416-7075 ber subscriptions are included as a portion of annual dues. Any Oklahoma Bar Foundation (405) 416-7070 opinion expressed herein is that of the author and not necessar- ily that of the Oklahoma Bar Association, or the Oklahoma Bar Journal Board of Editors.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2005 Annual Meeting New Events What do you get as part of Trial College the registration fee? The inaugural Oklahoma Bar Association Trial Events will be held at the Hyatt Regency Hotel in College is a part of this year’s OBA Annual Meeting downtown Tulsa. Registration fee includes Wednes- in Tulsa. The Trial College, cosponsored by OBA/ day continental breakfast in hospitality area, Presi- CLE and the OBA Litigation Section, is scheduled for dent’s Boots and Bandanas Recep- Thursday afternoon, Nov. 3, and concludes Friday, tion, YLD Tombstone Casino Night, Nov. 4. This highly-interactive program will be Bench and Bar Breakfast, Veterans based on a case study. Appreciation Reception, Red, White State and federal judg- & Blue Reception, The Capitol Steps, es will join some of the convention gifts, Art Contest entry state’s most outstand- and vendor’s expo. CoreVault is ing litigators for this sponsoring a cool jute bag to basic level course that hold your gifts and vendor will cover jury selec- giveaway items. tion, opening statements, direct examina- Bench & Bar Breakfast tion, cross examination and closing statements. The program is approved Judges and lawyers don’t always get the chance for 12 hours MCLE credit, including one hour of to talk outside the courtroom. This breakfast on Thurs- ethics. Registrants will receive a text published day is social in nature and is aimed at those attend- by the National Institute of Trial Advocacy. Reg- ing the OBA Annual Meeting and the simultaneous ister at http://am.okbar.org. Oklahoma Judicial Conference. NFL Referee Walt Coleman will share his humorous experiences, mak- Speed Networking ing this a must-attend event for those charged with making controversial calls! Free event included with Speed networking is aimed at presenting young registration. lawyers with the chance to meet with bar leaders and develop mentoring relationships in a fun, fast- Veterans Appreciation paced environment. The ultimate goal of this dynamic exercise is to develop the next generation of OBA Reception leaders while motivating young lawyers Oklahoma men and women who are to engage in professional and community serving (and have served) our country activities. are America’s heroes - and they deserve to be honored. This free reception Thurs- Red, White & Blue day afternoon is to recognize them, and others who want to express their appre- Reception ciation are also invited. Bar members Taking place Thursday evening just with military service will receive a spe- before the Capitol Steps performance, cial lapel pin. Special guest, Staff Sgt. this reception offers free food, the chance Matt Eversmann, a hero of Black Hawk to network and visit with friends. Free Down fame, will speak briefly on the event included with registration. topic, “Honoring Our Heroes.” Free event included with registration. continued on next page

2006 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 The Capitol Steps Art Contest Laughter is guaranteed! This Washington D.C.- It’s back for 2011! Get your based musical-comedy group pokes fun at the creative juices flowing and enter national political scene. Performers are former or your artwork in the 2011 OBA current Capitol Hill staffers. The 30-year-old troupe’s Art Contest. Categories include performances air regularly on National Public Radio, photography, painting, sculpture now you get to see them perform live Thursday eve- and just about every other type ning! Free event included with registration. of media you can think of. A new focus for this year is “military-themed art.” Registration is due by Oct. 17; artwork must be delivered to the Annual Meeting on Nov. 2. Entry fee is included with Annual Meeting registration. Questions? Email [email protected]. Reba McEntire Concert Get those cowboy boots on! Oklahoma’s own country music super- star Reba McEntire is Going Geek: Counting the playing Tulsa’s BOK Center Friday night, and Ways - OBA 2011 Tech Fair a limited number of seats On Friday learn all about the ways embracing new are available exclusively technology will enhance your law practice. Discover to OBA members. Each specific tools, software and tech tips that are already Annual Meeting attend- making an impact on law firms nationwide and here ee may purchase up to at home. Also includes a session on the legal ethics four tickets at a cost of and practicalities for lawyers using social media. The $80 each. event is co-sponsored by the OBA Law Office Man- Register agement and Technology Section and is approved for six hours of MCLE. The cost is $60 thanks to the Register for all events using Annual Meeting registra- section’s sponsorship, and Annual Meeting registration. Three ways to register – 1) mail, 2) fax & 3) tion is not required to attend the tech fair. Lunch is online at http://am.okbar.org. included. Use the Annual Meeting registration form to sign up. Sponsors Commander Four Star Three Star H CoreVault in Chief H OBA General H GableGotwals Practice — H Beale Professional Solo and H McAfee & Taft Services Small Firm Section H OBA Energy and Natural Resources Law Section H OBA Litigation H OBA Law Office Section Management and Technology Section Sponsorship opportunities are still available. Contact OBA Executive Director John Morris Williams at (405) 416-7014, (800) 522-8065 or [email protected].

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2007 Annual Meeting Big Name Speakers Staff Sgt. Matt Eversmann H Plenary Session In October 1993, U.S. troops engaged in combat in Somalia with militia forces loyal to a local warlord. Two U.S. Black Hawk helicopters were shot down in the fighting, and the ensuing battle lead to heroism and bravery as American servicemen fought off a Somali mob while awaiting reinforcement. During the Thursday plenary session on military law, Staff Sgt. Matt Eversmann, real-life hero portrayed in the film Black Hawk Down, will talk about his experiences during the battle in which 18 American servicemen died and dozens of others were injured. All plenary session attendees will receive a copy of the book The Battle of Mogadishu: Firsthand Accounts from the Men of Task Force Ranger, which SSgt. Eversmann edited. He will autograph copies of the book at a book signing beginning at 1:45 p.m. Additional copies will be available for purchase.

Andrew Card H Annual Luncheon Your boss is president of the United States. Now imagine telling him that the country has been attacked by terrorists. Andrew Card, former White House chief of staff under President George W. Bush, did just that on Sept. 11, 2001. The image of him whispering to Bush that day at Emma E. Booker Elementary School in Sarasota, Fla., is now embedded in minds around the world. Mr. Card will share his eyewitness account of that day that briefly weakened America while making it stronger as we mark 10 years since the 9/11 attacks. The luncheon will take place Thursday from noon – 1:45 p.m. Cost: $35 with meeting registration.

Walt Coleman H Bench and Bar Breakfast Like most judges and lawyers, NFL referee Walt Coleman is no stranger to controversial and unpopular decisions. During the new Bench and Bar Breakfast Thursday morning, attendees will hear Mr. Coleman, who is also a sixth generation dairy farmer, share his humorous take on his professional experiences. His official topic is, “Turning Boos into Cheers: How Effective Are You?” He’s been a National Football League referee for 22 years and describes himself as “one of the most maligned yet anonymous men in the world.” Free with Annual Meeting registration! Sponsor: OBA Litigation Section.

2008 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 Annual Meeting Traditions Annual Luncheon As Americans, we are all too familiar with Sept. 11, 2011, and the events that marked that day. The man who broke the news to President George W. Bush that terrorists had attacked the United States will speak to the audience at this year’s Annual Luncheon. Andrew H. Card Jr. will deliver the keynote address at this year’s Annual Lun- cheon. His topic is, “A Conversation with Andrew Card: Eyewitness to History” in which he’ll share the insider details of that day with the president. He is most known for serving as President Bush’s White House chief of staff from 2000 – 2006, making him the second-longest serving chief of staff for any president. Currently, he is a senior counselor at the global public relations firm Fleischman- Hillard, serving on the international advisory board. The Annual Luncheon will take place from noon to 1:45 p.m. Thursday, Nov. 3. Cost to attend the luncheon is $35 with Annual Meeting registration. Seating is limited, so register today.

President’s Reception & YLD Tombstone Casino Night This year’s president’s reception, sponsored by Beale Professional Ser- vices, is a departure from the more formal affairs of years past. Leave your suits and ties behind; cowboy hats, boots and bandanas are the proper attire for this shindig! Be sure to wear something that’s a little country and be prepared for some down-home fun! Decorations will make you feel like you’re on the ranch, and bet you’ll enjoy line dancing (instructor provided), mechanical bull and a fun photo booth. No shrimp this year; barbeque is king. Expect brisket, ribs, cowboy caviar and little smokies. Everyone receives a bottomless Mason jar filled with the ice cold beer or soft drink of your choice, or there will be a cash bar if you prefer something a little stronger. Feel like tempting fate? Avoid “Dead Man’s Hand” in the Tombstone Casino sponsored by the Young Lawyers Division. The evening’s entertainment will be provided by the rollicking roots music of Stillwater’s Red Dirt Rangers, thanks to sponsorship by the General Practice – Solo and Small Firm Section. The Wednesday evening event is free with Annual Meeting registration, and you can bring a guest at no charge!

President’s Breakfast Breakfast with the OBA president on Friday morning is a long-standing tradition, with every leader selecting a unique program that reflects his or her own interests. This year, President Deborah Reheard invites you to listen to the music of the Martin Luther King Unity Choir from McAlester. The breakfast is from 8 to 9 a.m.; cost $25. Sponsor: GableGotwals.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2009 Annual Meeting Expanded CLE Opportunities Bar Convention to Offer Greatest Variety Ever By Donita Bourns Douglas

Oklahoma Bar Association President Deb Reheard Art of War” on Wednesday. Mr. Winegar uses a has kept the time-honored traditions of the OBA military theme, and in some instances specific battles, Annual Meeting, but do not expect the “same ol’ to teach trial techniques and strategies. For example, CLE” this year. The CLE programming has been Hannibal’s Battle of Cannae, the Alamo and guerilla energized with new and cutting-edge topics – and warfare are bases for teaching trial techniques. The a few completely new programs. qualities of successful generals will be used to define the qualities of successful attorneys. Members will be able to get their entire annual CLE requirement from multiple CLE choices, including PLENARY choices offered on the Friday of Annual Meeting. Programming includes the Wednesday multi-track, a SESSION stand-alone Wednesday CLE program, the Thursday “Stepping on the Battle- plenary session, a 12-hour trial college on Thursday field: Do the Rules Change?” and Friday and a Friday technology program. is a joint plenary session with the Oklahoma Judicial MULTI-TRACK CLE Conference and is sched- Four tracks are being offered on Wednesday: uled for Thursday morning. Family Law, Criminal Law, Recent Developments and All attorneys will find this “Charm School for Lawyers.” The Charm School is a gripping program relevant new addition this year. Planned by Justice Jim Win- to all, not just attorneys who chester and Judge Jane Wiseman, this track will offer practice military law. sessions on manners, image and personal brand, Staff Sgt. Matt Eversmann will kick off the Thurs- techno ethics, and personal behavior and your law day morning session by recounting the events of license. Justice Winchester and Judge Wiseman will Black Hawk Down. SSgt. Eversmann was involved present, “How to Charm the Pants off the Court within the rescue of Black Hawk Down. Thereafter, the out Skirting the Issue.” The track will conclude with a stories of two soldiers: Michael Behenna and Brad- musical presentation, “Behaving Badly: The Best of ley Manning will be presented. Behenna’s story will the OBA Ethics Musical.” be told by his mother, Vicki Behenna, assistant U.S. attorney in the Western District and OBA member. TRIAL AND Bradley Manning’s attorney is tentatively scheduled THE ART to present the story of Manning. OBA member OF WAR Michelle Lindo McCluer, executive director of the National Institute of Military Justice, will present on National speaker Todd the military justice system. Program speakers will Winegar will present his all- conclude the session with a panel discussion. day program “Trial and the

2010 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 require Annual Meeting registration, and tuition is only $60. Topics include tech tips, social media practice and ethics, technology tools, open sourcing the law, iPad and smartphone tips and “50 Websites in 50 Minutes.” The program also includes lunch. This is an opportunity you can’t afford to miss. ESTATE PLANNING TRIAL COLLEGE SEMINAR The first-ever OBA Trial College is scheduled to And if that isn’t enough, begin Thursday afternoon and run all day Friday. the OBA Estate Planning, Approved for 12 hours of MCLE credit, this program, Probate and Trust Section is based on a case study, will cover jury selection bringing back Professor Jef- through closing argument. State and federal judges frey Pennell, Emory Universi- and seasoned Oklahoma litigators will participate. ty, for a Friday, two-hour Participants will receive a litigation text book. program, “Drafting Special Needs Trusts.” Professor Pen- GOING GEEK: nell’s focus is on drafting 2011 TECH FAIR boilerplate “fine print” trust administration provisions. OBA icon Jim Calloway, Annual Meeting registration has planned a six-hour CLE is not required, and lunch is program for Friday. Appro- included with the program. priately titled, “Going Geek: Counting the Ways,” this Honoring our Annual Meeting traditions, but creat- program is technology-cen- ing new traditions is what this year’s meeting is all tered and is relevant for about. Find details about all of these programs in this solo and firm attorneys. Oklahoma Bar Journal and at http://am.okbar.org. Cosponsored by the OBA Ms. Douglas is OBA Educational Programs Director. Law Office and Manage- ment and Technology Sec- tion, the program does not

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2011 OBA/CLE

2012 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 OBA/CLE

Stepping on the Battlefield: Do the Rules Change? OBA/CLE Plenary Session

home alive: leadership, courage Thursday, and selfless service. Inspiring, moti- Nov. 3 vational, and patriotic, SSgt. Matt Hyatt Regency Hotel, Tulsa Eversmann, hero of Black Hawk 3 MCLE hours Down and the Battle of Mogadishu. Staff Sgt. Matt Eversmann’s leg- 9:50 endary leadership while facing the horrors of war cemented his status as Soldiers’ Stories: Battles an American military hero. Portrayed On and Off the Battlefield by Josh Hartnett, SSgt. Eversmann Michael Behenna’s Story was immortalized in the epic film, Vicki Behenna has become a cru- Black Hawk Down, which recounts sader for her son, former Army 1st the 18 harrowing hours when U.S. SSgt. Matt Eversmann Lt. Michael Behenna. Michael was soldiers in Somalia were trapped in a convicted of killing an Iraqi detainee hostile district of Mogadishu. Young Rangers and in May 2008. On March 20, 2009, Army Ranger Delta Force soldiers fought side-by-side, outnum- 1st Lt. Michael Behenna was sentenced to 25 years bered, and marked for death by an angry mob, in prison for killing Ali Mansur, a known AI Qaeda until a rescue convoy was mounted. operative, while serving in Iraq. Mansur was He has received many military decorations, known to be a member of an AI Qaeda cell oper- including the Army Service Ribbon, the National ating in the lieutenant’s area of operation. Army Defense Service Ribbon, eight Army Achievement intelligence believed he organized an attack on Lt. medals and four Army Commendation medals. For Behenna’s platoon in April 2008, which killed two his service in Somalia, he was awarded the Bronze U.S. soldiers and injured two more. Star Medal with Valor device and the Combat Army intelligence ordered the release of Mansur, Infantryman’s Badge. Before his retirement in early and Lt. Behenna was ordered to return the terrorist 2008, SSgt. Eversmann served 18 months in Iraq to his home. During the return of Mansur, Lt. Behen- leading an elite Army Ranger force. na again questioned the AI Qaeda member for information about other members of the terrorist cell 9 and financial supporters. During this interrogation, Mansur attacked Lt. Behenna, who killed the terror- Dedication, Pride, and Commitment: ist. The government subsequently prosecuted Lt. The Story of Black Hawk Down Behenna for premeditated murder. An authentic American hero, SSgt. Matt Evers- Vicki Behenna, Assistant U.S. Attorney in the mann recounts the events of Black Hawk Down, Western District of Oklahoma, mother of Michael which powerfully demonstrate the horrors of war, Behenna, Edmond and the human qualities that are essential to survive it. He focuses on three attributes that brought him continued on next page

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2013 10:10 10:50 Break Bradley Manning’s Story Bradley Manning, a 23-year-old Army intelli- 11 gence analyst, is accused of leaking a video show- The Military Justice System: ing the killing of civilians, including two Reuters Panel Discussion journalists, by a U.S. Apache helicopter crew in Iraq. He is also charged with sharing the docu- Moderator: Robert Don Gifford ments known as the Afghan War Diary, The Iraq Assistant U.S. Attorney in the Western District of War Logs and embarrassing U.S. diplomatic cables, Oklahoma, OKC with the anti-secrecy website WikiLeaks. Panelists: David E. Coombs, The Law Offices of David SSgt. Matt Eversmann E. Coombs, Attorney for Private Bradley Manning Vicki Behenna (tentative) David E. Coombs (tentative) 10:30 Michelle Lindo McCluer The Military Justice System: Flawed 11:50 or Fair? Adjourn Michelle Lindo McCluer, Executive Director of the National Institute of Military Justice, Washing- To Register: Use the Annual Meeting registration ton, D.C form. Annual Meeting registration is required.

2014 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 OBA/CLE

Trial and the Art of War

H Studies of Pennington and Has- Wednesday, tie – direct your strategy to Nov. 2 how the jury decides. Hyatt Regency Hotel, H Adapting Plans – If you’re Tulsa short of everything but the 6 MCLE hours enemy, you are in trial. Todd Winegar is a dynamic 9:50 speaker and practicing attorney who emphasizes civil trial litigation. Break He has been involved in some of the larger cases in his home state. 10 His experience includes profession- Remember the Alamo! - al malpractice on both the plaintiff Winning the battle can and defense side, product liability lose the war. actions involving para and quadriplegia, and a “Another victory like this, and we shall have no Minuteman missile accident. army left!” – Todd’s approach is unique in that the most famous Santa Anna’s Aide trials ever are used as examples. You will see Aggression and other techniques that easily actual trial footage and verbatim recreations from backfire. transcripts. This approach will allow you to emulate some of the greatest techniques ever developed 10:50 and avoid some of the greatest mistakes ever made. It also makes for very good entertainment. Break 8:30 a.m. 11 Registration and Continental “All’s Fair in Love and War” – but not Breakfast in Law H Many strategies are very effective, but they 9 raise serious ethical issues. Strategy Wins - Hannibal’s Battle of H Increase professionalism and reduce the stress of Cannae Changed Warfare law with the all important “People Skills” – Many Outnumbered 2 to 1, his back to the sea, large firms now require all employees to prac- facing the largest army ever amassed on tice these. earth - but his strategy routed the Romans. H Trial is strategy - the truth does not always win. H Dr. Simon’s gaming theory applied to trial. continued on next page

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2015 11:50 3:50 Lunch (on your own) Break 2 4 Guerilla Warfare – Dealing with Poor Subduing without Battle - Negotiation Cases, Poor Witnesses, and Poor Facts “For to win 100 victories in 100 battles is not the apex of skill. To subdue the enemy H Cochise, Geronimo, and their Apaches held a without fighting is the apex of skill.” quarter of the U.S. Army at bay for a third of a Sun Tzu century. 95 percent of cases are settled. Negotiation is your most important skill. H The method of defending a weak case: Finding and exploiting mistakes and weakness; Putting H The Harvard Negotiation Project – when to the other side on trial; and pseudo cross- negotiate and when to fight. examination, the critical importance of H Schelling’s Nobel Prize, The Strategy of Con- nuance. flict. People are best controlled using the same 2:50 methods they choose to control others. H The 12 Keys to Killer Negotiations – Negotia- Break tion is a 12 step process, not a result: Saber rattling – you negotiate a case from the 3 moment you receive it; The Federal Rules of Negotiation – not yet official, but there are The Qualities Successful Generals and unwritten rules to every negotiation; the only Attorneys Must Have four things you bargain over – Needs, Options, H “There is no general who has not heard of Risks, and Time; the three Rs – Relationships, these five matters. Those who master them win. Reputation and Reconciliation. Those who do not are defeated.” Sun Tzu The Qualities Successful Generals and 4:50 Attorneys Must Not Have Adjourn H “The ruin of the army is the inevitable result of To Register: Use the Annual Meeting registration these shortcomings. They must be deeply form. Annual Meeting registration is required. pondered.” Sun Tzu

2016 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 OBA/CLE

Drafting Special Needs Trusts OBA/CLE and the OBA Estate Planning, Probate and Trust Section

Friday, Nov. 4 Hyatt Regency Hotel, Tulsa 2 MCLE hours Program Planner/Moderator Gale Allison, The Allison Firm, PLLC, Tulsa Professor Jeffrey Pennell first presented this topic at the Special Needs Trusts Annual Conference at Stetson University as part of their “basics” curricu- lum. His focus is on drafting the boilerplate “fine print” trust administration provisions in a third-party special needs trust. He brings a traditional trust law perspective that conjoins elder law, Medicaid, Social Security Disability and trust law knowledge relating to the creation and management of special needs trusts. Because the rules that govern this practice area are in a constant state of flux, he will be joined by Donna Jackson, an Oklahoma City elder law attorney, who will provide Oklahoma specific interpretations and procedures that are critical to the practice. A sample document will be used to illustrate some best practices or preferred approaches, some all-too-commonly flawed drafting, and to stress issues of particular or recurring concern. 11:30 a.m. Registration (Business meeting and lunch included) 12:30 Program (includes 10-minute break) 2:30 Adjourn

To Register: Use the Annual Meeting registration form. Annual Meeting registration is not required.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2017 Annual Meeting Technology Fair OBA Technology Fair to Educate Lawyers in ‘Going Geek’ By Jim Calloway

“Going Geek: Counting the Ways” is the theme of tional opening session of that event. Reid and I are the OBA 2011 Technology Fair to be held in conjunc- getting together a collection of technology tips that tion with the OBA Annual Meeting Nov. 4. While the should be interesting for lawyers in all sizes of firms. OBA Technology Fair is a part of this year’s Annual One of the most dramatic aspects of technology Meeting in Tulsa, one need not regis- today is the rapid growth of social ter for the meeting to attend the media. We have all heard about technology fair. Due to a grant individuals who post “evidence” from the OBA Law Office Man- that can be used against them on agement and Technology Section, their social media sites, whether it this cutting-edge technology semi- is a video of a supposedly injured nar will be available at the low worker doing physical activities early-bird price of $60 and regis- or a custody case where damag- tration even includes lunch. ing information is posted online. This event will give Annual Meet- Some lawyers are successfully ing attendees a great opportunity sing social media to market their to spend Friday learning about practices. Other lawyers believe technology. Our 2009 OBA Tech- that this is a waste of time or that nology Fair in Oklahoma City was it is too challenging for them to well attended and we believe that incorporate social media into the 2011 edition in Tulsa will be their overall law firm marketing as well. strategy. At this session we will The technology fair will cover focus on legal ethics of social many different topics useful for media as well as the practical lawyers in their law practices. concerns for how lawyers should use social media. Using social media can create many Our special guest for the OBA Technology Fair is ethical questions. Is it appropriate to “friend” a judge Reid Trautz. Reid Trautz is the chair of ABA TECH- or witness on Facebook? We’ve even embraced a bit SHOW™ 2012. He is a full time practice manage- of Twitter-speak in the name of this program: “2 Use or ment and ethics advisor for a national bar association Not 2 Use Social Media: Practice and Ethics.” and is a nationally-recognized speaker on technology issues. The most important aspect of technology for lawyers is, of course, the tools that they can incorporate Starting off the OBA Technology Fair countdown in their law practice now. There are important tools will be “50 Hot Tech Tips in 50 minutes.” For those of you should be using today, but what if you do not you who have attended the OBA Solo & Small Firm know about the tool? In “The Top 10 Technology Conference, this title will be familiar, as it is the tradi- Tools Everyone Should Be Using,” Reid and I will

2018 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 combine to outline at least the top 10, if not a few are an integral part of legal practices. In fact, if one more, technology tools that we believe everyone was to cut down a bare bones law practice to a few should be using. essential tools, there is no doubt that a smartphone would be on the list of essential tools. Reid and I will This session will allow you to go back to the office demonstrate iPad tips for lawyers along with smart- with specific recommendations and plans for incor- phone tips in “2 For the Money: iPad and Smart- porating new tools that make sense for your law phone Tips.” practice. Finally, after a full day of legal technology program- Ed Walters, the CEO of Fastcase, will also be ming, it is time for a bit of a break. As many of you attending our technology fair. As many of you know, know, the traditional ending of ABA TECHSHOW™ is Fastcase is the legal research member benefit provid- its “60 Sites in 60 Minutes” program. Since the MCLE ed to our members by the OBA. We are all aware of requirement in Oklahoma is for 50 minutes, we are many changes in the way that legal resources are changing this program to “50 Websites in 50 Min- being made more accessible to individuals, as well as utes.” We will alternate between some incredibly legal professionals. This is a development that has useful sites for business and some sites that are enter- significant impact on law firms. Ed Walters will give taining and fun. You will not want to leave early from us his presentation that has received great reviews the OBA Technology Fair as we can almost guarantee from other state bar association meetings: “Open- you will learn of a new online resource that you need Sourcing the Law — Law.Gov, Data.gov and the for your business during this final presentation. Firm’s Bottom Line.” You do not want to miss the OBA 2011 Technology Certainly no recent technology development has Fair “Going Geek: Counting the Ways.” Sponsors received more popular attention than the introduction and exhibitors are being recruited now, so look for of the iPad. Lawyers are now incorporating iPads in even more than we have covered here — perhaps their practice in surprising numbers, and in surpris- even a few door prizes. ing ways. But whether an iPad sounds right for you at the moment or not, almost every lawyer uses a Mr. Calloway is OBA Management Assistance mobile phone in their law practice. Lawyers’ phones Program Director.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2019 OBA/CLE

Going Geek: Counting the Ways OBA Annual Meeting 2011 Technology Fair OBA/CLE and the OBA Law Office Management and Technology Section

Friday, Nov. 4 11:40 Lunch (included in registration) Hyatt Regency Hotel, Tulsa 6 MCLE hours 12:40 4 The Lawyer: Open-Sourcing the Law– Program Planner/Moderator Law.gov, Data.gov and the Firm’s Bottom Jim Calloway, OBA Management Assistance Pro- Line gram Director, Oklahoma City Ed Walters, CEO, Fastcase Inc., Washington, D.C. 8:30 1:30 Registration Break 9 1:40 50 Hot Tech Tips in 50 Minutes 2 For the Money: iPad and Smartphone Tips Reid Trautz, Director, Practice and Professionalism Reid Trautz Center, American Immigration Lawyers Association, Jim Calloway Washington, D.C. Jim Calloway 2 9:50 50 Websites in 50 Minutes Reid Trautz Break Jim Calloway 10 2:50 2 Use or Not 2 Use Social Media: Practice Deuces and Ethics (ethics) Reid Trautz To Register: Use the Annual Meeting 10:50 registration form. Annual Meeting registration is not required. The Top 10 Technology Tools Everyone Should Be Using Reid Trautz Jim Calloway

2020 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2021 2022 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 House of Delegates

Thank you to the County Bar Presidents of: In accordance with the Bylaws of the Oklahoma Bar Association (5 OS, Ch. 1, App. 2), “The House Adair, Alfalfa, Atoka, Beaver, Blaine, Bryan, of Delegates shall be composed of one delegate or Canadian, Carter, Cherokee, Cimarron, Choctaw, alternate from each County of the State, who shall *Cleveland, Coal, Comanche, Cotton, Creek, be an active or senior member of the Bar of such Custer, Dewey, Garfield, Garvin, Grady, Grant, County, as certified by the Executive Director at the Harmon, Harper, Haskell, Hughes, Jefferson, John- opening of the annual meeting; providing that ston, Kingfisher, LeFlore, Love, Mayes, McClain, each County where the active or senior resident Muskogee, Oklahoma, Ottawa, Pawnee, Pittsburg, members of the Bar exceed fifty shall be entitled Pontotoc, Pushmataha, Roger Mills, Rogers, Semi- to one additional delegate or alternate for each nole, Texas, Tulsa, Wagoner, Washington, Washita, additional fifty active or senior members or major Woods and Woodward for submitting your Delegate fraction thereof. In the absence of the elected and Alternate selections for the upcoming OBA delegate(s), the alternate(s) shall be certified to Annual Meeting. (*Reported, awaiting election) vote in the stead of the delegate. In no event shall Listed below are the counties that have not sent any County elect more than thirty (30) members to their delegate and alternate selections to the offices the House of Delegates.” of the Oklahoma Bar Association as of July 12, “A member shall be deemed to be a resident, … 2011. Please help us by sending the names of your of the County in which is located his or her mailing delegates and alternates now. In order to have your address for the Journal of the Association.” delegates/alternates certified, mail or fax Delegate certifications to OBA Executive Director John Morris Williams, P.O. Box 53036, Oklahoma City, OK 73152-3036, or Fax: 405/416-7001.

Beckham McCurtain Caddo McIntosh Craig Murray Delaware Noble Ellis Nowata Greer Okfuskee Jackson Okmulgee Resolutions to the House of Delegates, Kay Osage must be received electronically by the Kiowa Payne Executive Director no later than Sept. Latimer Pottawatomie 30, 2011, to meet publication require- Lincoln Sequoyah ments. Submit to [email protected] and Logan Stephens [email protected]. A representative Major Tillman will need to present the resolution to the Marshall Board of Governors at its September 16 or October 21 board meeting to enable the board to make recommendations.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2023 2011 OBA ATTORNEY ART SHOW REGISTRATION FORM

Pottery Watercolor The following categories of art will be judged: Stained Photography glass H Oil Painting H Acrylic H Watercolor Deadline: Oct. 17, 2011 H Black and White Drawing H Return form with Annual Meeting registration fee to: Color Drawing H Black and White Oklahoma Bar Association • P.O. Box 53036 • Oklahoma City, OK 73152 Attn: Mark Photograph H Color Photograph Name ______H Three Dimensional OBA Number ______(sculptures, woodwork, etc.) *E-mail ______) H Craft (tile work, stained (*Must be submitted to receive additional information and forms glass, needlepoint, etc.) Address ______H Mixed Media (screenprint, enhanced City ______State ______Zip ______photographs, etc.) Phone ______Fax ______Military themed artwork is encouraged I will enter _____ pieces of art, each of which are described below. in all categories Questions? Email [email protected] For each entry, complete in detail all information requested below. If needed, please attach an additional sheet.

Name of Piece Size/Weight Date Category Created

2024 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 2011 OBA ATTORNEY ART SHOW BAR NEWS REGISTRATION FORM

Pottery Watercolor The following 2012 OBA Board of Governors Vacancies categories Nominating Petition Deadline was: 5 p.m. Friday, Sept. 2, 2011 of art will be judged: OFFICERS Summary of Nominations Rules Stained President-Elect Not less than 60 days prior to the Annual Meeting, Photography glass H Oil Painting Current: Cathy M. Christensen, Oklahoma City 25 or more voting members of the OBA within the H Acrylic Mrs. Christensen automatically becomes Supreme Court Judicial District from which the member of the Board of Governors is to be elected H Watercolor OBA president Jan. 1, 2012 Deadline: Oct. 17, 2011 (One-year term: 2012) that year, shall file with the Executive Director, a H Black and White Drawing Nominee: James T. Stuart, Shawnee signed petition (which may be in parts) nominating H Color Drawing a candidate for the office of member of the Board of Return form with Annual Meeting registration fee to: Vice President Governors for and from such Judicial District, or H Black and White Current: Reta M. Strubhar, Piedmont Oklahoma Bar Association • P.O. Box 53036 • Oklahoma City, OK 73152 one or more County Bar Associations within the Attn: Mark Photograph (One-year term: 2012) Judicial District may file a nominating resolution Nominee: H Color Photograph Peggy Stockwell, Norman nominating such a candidate. Name ______H Three Dimensional BOARD OF GOVERNORS Not less than 60 days prior to the Annual OBA Number ______(sculptures, woodwork, Meeting, 50 or more voting members of the OBA Supreme Court Judicial District One from any or all Judicial Districts shall file with the etc.) Current: Charles W. Chesnut, Miami *E-mail ______Executive Director, a signed petition nominating a ) H Craft (tile work, stained Craig, Grant, Kay, Nowata, Osage, Ottawa, candidate to the office of Member-At-Large on the (*Must be submitted to receive additional information and forms glass, needlepoint, etc.) Pawnee, Rogers and Washington counties Board of Governors, or three or more County Bars H (Three-year term: 2012-2014) may file appropriate resolutions nominating a can- Address ______Mixed Media Nominee: Linda S. Thomas, Bartlesville (screenprint, enhanced didate for this office. City ______State ______Zip ______Supreme Court Judicial District Six Not less than 60 days before the opening of the photographs, etc.) Current: Martha Rupp Carter, Tulsa Annual Meeting, 50 or more voting members of Tulsa County Phone ______Fax ______Military themed the Association may file with the Executive Direc- (Three-year term: 2012-2014) tor a signed petition nominating a candidate for artwork is encouraged Nominee: Kimberly K. Hays, Tulsa I will enter _____ pieces of art, each of which are described below. in all categories the office of President-Elect or Vice President or Questions? Email [email protected] Supreme Court Judicial District Seven three or more County Bar Associations may file For each entry, complete in detail all information requested below. If needed, please attach an Current: Lou Ann Moudy, Henryetta appropriate resolutions nominating a candidate additional sheet. Adair, Cherokee, Creek, Delaware, Mayes, for the office. Muskogee, Okmulgee and Wagoner counties If no one has filed for one of the vacancies, Name of Piece Size/Weight Date Category (Three-year term: 2011-2014) nominations to any of the above offices shall be Created Nominee: Bret A. Smith, Muskogee received from the House of Delegates on a petition Gary J. Dean, Pryor signed by not less than 30 delegates certified to Member-At-Large and in attendance at the session at which the elec- Current: Steven Dobbs, Oklahoma City tion is held. (Three-year term: 2011-2014) See Article II and Article III of OBA Bylaws for Nominee: Nancy Parrott, Oklahoma City complete information regarding offices, positions, nominations and election procedure. Vacant positions will be filled at the OBA Annual Meeting Nov. 2-4. Terms of the present OBA officers and governors listed will terminate Dec. 31, 2011. Nomination and resolution forms can be found at www.okbar.org. * Note: This information was current when published Sept. 1, 2011

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2025 BAR NEWS OBA Nominating Petitions (See Article II and Article III of the OBA Bylaws) OFFICERS SUPREME COURT JUDICIAL DISTRICT NO. 7 PRESIDENT-ELECT Bret A. Smith, Muskogee James T. Stuart, Shawnee Nominating Petitions have been filed nominating Nominating petitions have been filed nominating Bret A. Smith for election of Supreme Court Judi- James T. Stuart for election of President-Elect of the cial District No. 7 of the Oklahoma Bar Association Oklahoma Bar Association Board of Governors for Board of Governors for a three-year term begin- a one-year term beginning January 1, 2012. A total ning January 1, 2012. of 407 signatures appear on the petitions. A total of 33 signatures appear on the petitions. Nominating Resolutions have been received from the following counties: A Nominating Resolution has been received from the following county: Comanche and Pottawatomie Muskogee VICE PRESIDENT SUPREME COURT JUDICIAL DISTRICT Peggy Stockwell, Norman NO. 7 Nominating Petitions have been filed nominating Gary J. Dean, Pryor Peggy Stockwell for election of Vice President of A Nominating Resolution has been filed nominat- the Oklahoma Bar Association Board of Governors ing Gary J. Dean for election of Supreme Court for a one-year term beginning January 1, 2012. Judicial District No. 7 of the Oklahoma Bar Asso- A total of 320 signatures appear on the petitions. ciation Board of Governors for a three-year term beginning January 1, 2012. BOARD OF GOVERNORS A Nominating Resolution has been received from SUPREME COURT JUDICIAL DISTRICT the following county: NO. 1 Mayes Linda S. Thomas, Bartlesville MEMBER-AT-LARGE Nominating Petitions have been filed nominating Nancy Parrott, Oklahoma City Linda S. Thomas for election of Supreme Court Judicial District No. 1 of the Oklahoma Bar Asso- Nominating Petitions have been filed nominating ciation Board of Governors for a three-year term Nancy Parrott for election of Member-at-Large of beginning January 1, 2012. the Oklahoma Bar Association Board of Governors for a three-year term beginning Jan. 1, 2012. A total of 31 signatures appear on the petitions. A total of 237 signatures appear on the petitions. A Nominating Resolution has been received from the following county: Washington SUPREME COURT JUDICIAL DISTRICT NO. 6 Kimberly K. Hays, Tulsa Nominating Petitions have been filed nominating Kimberly K. Hays for election of Supreme Court Judicial District No. 6 of the Oklahoma Bar Asso- ciation Board of Governors for a three-year term beginning January 1, 2012. A total of 151 signatures appear on the petitions.

2026 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 You are not alone.

Men Helping Men Women Helping Women Oklahoma City • Oct. 6, 2011 Oklahoma City • Sept. 8, 2011 Time - 5:30-7 p.m. Time - 5:30-7 p.m. Location Location The Oil Center – West Building The Oil Center – West Building 2601 NW Expressway, Suite 108W 2601 NW Expressway, Suite 108W Oklahoma City, OK 73112 Oklahoma City, OK 73112

Tulsa • Sept. 22, 2011 Tulsa • Oct. 6, 2011 Time - 5:30-7 p.m. Time - 5:30-7 p.m. Location Location The Center for Therapeutic Interventions The Center for Therapeutic Interventions 4845 South Sheridan, Suite 510 4845 South Sheridan, Suite 510 Tulsa, OK 74145 Tulsa, OK 74145 Food and drink will be provided! Meetings are free and open to OBA members. Reservations are preferred (we want to have enough space and food for all.) For further information and to reserve your spot, please e-mail [email protected]. LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2027 SCHOLARLY ARTICLE

The Jurisdiction of the Oklahoma Corporation Commission Clarifying Its Spacing Orders and Any Fiduciary Duties Arising from Those Orders By Dale E. Cottingham recurring dispute in oil and gas litigation generally — and in royalty litigation in particular — concerns the extent to A which the entry of an order by the Oklahoma Corporation Commission (commission) creating either a field-wide, secondary recovery unit,1 or the more typical drilling and spacing unit,2 results in either fiduciary or quasi-fiduciary duties owed by the operator of any wells within the unit. In such litigation, courts that frequently lack familiarity with the material distinctions between field-wide units and drilling and spacing units are regularly asked by the litigants to determine both when such fiduciary or quasi-fiduciary duties arise and the extent of those duties. The result, in general, has been decisions in which Oklahoma courts have expanded the role of fiduciary or quasi-fiduciary duties. And that reality, in turn, has resulted in tort-based claims for breach of fiduciary duty that subsume, sometimes completely, disputes that would otherwise be premised upon contractual rights.3 Regardless, by recognizing such duties, Oklahoma law has now markedly departed from the law of other major oil and gas jurisdictions.

The difficulties now imposed on courts by which modify and amend existing legal rights,”4 such litigation need not persist. Given that deci- one evident issue is whether the Commission sions discerning fiduciary or quasi-fiduciary — with its expertise concerning the unitization duties owed by unit operators have premised and spacing procedures at issue — has a role in that legal conclusion upon the existence of either defining the contours of duties that may result unitization or spacing orders from the Commis- from those orders. The purpose of this paper is sion, and have, recently, invoked expressly the to explore whether there is a legal basis for the “resort to the police powers of the state on the Commission to assume jurisdiction over such an part of the lessee in unitization proceedings issue and, to the extent there is a jurisdictional

2028 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 basis, to determine what the limits of that role situated in the state of Oklahoma making the might be. I conclude that the Commission has claim a putative class action. statutorily founded authority to clarify and to The decision at the heart of Mr. Smith’s fidu- construe its orders, including fiduciary duties ciary duty claim is Young v. West Edmond Lime alleged to arise from spacing orders. Unit.10 In that case, the Commission had created THE FACTS AND LAW THAT HAVE a field-wide unit pursuant to its statutory author- DEFINED THE UNIT OPERATOR’S ity then in effect, 52 O.S. §§286.1–286.17 — which FIDUCIARY DUTY was the predecessor to the current compulsory unitization statute, 52 O.S. §§287.1–287.15 — Mr. Smith owns an undivided mineral interest which provided for unitized management of in lands in western Oklahoma. Years ago, he or many tracts of land for the purpose of develop- a predecessor of his executed an oil and gas lease ment and production of the entire area as a sin- in favor of an oil and gas exploration company gle unit. Defendant in the case was the unit, as a and that lease included a contractual obligation body politic. Plaintiff brought a claim for dam- in favor of Mr. Smith to pay royalties on revenue ages, alleging the failure of the unit to take or resulting from the sale of natural gas from the sell unit production at the market price. In ana- 5 leased premises. Long before the lease was exe- lyzing the claim, the Oklahoma Supreme Court cuted, the Commission issued an order creating determined that the “unit organization with its a 640 acre drilling and spacing unit comprising operator stands in a position similar to that of a the governmental section covering the lands that trustee for all who are interested in oil produc- became subject to Mr. Smith’s lease. The spaced tion either as lessees or royalty owners.”11 The formations include the Red Fork common source court went on to determine that the unit and its of supply. After execution of the lease, the lessee operator must account to the unit royalty own- signed a joint operating agreement covering the ers for their respective portions or percentages subject lands naming another exploration com- of the unit production at the highest market pany as operator. Under the operating agree- price available at the time of such production.12 ment, the operator is charged with the obligation to drill a well in order to test the Red Fork com- At the time of the decision in Young, and for mon source of supply. many subsequent decades, it was by no means clear that the rationale that supported the recog- The operator filed a permit to drill with the nition of fiduciary or quasi-fiduciary duties in Commission6 naming itself as operator of the the context of a §287.1 field-wide unit should subject well. Thereafter, the operator commenced result in the recognition of any similar duties the well, prior to the expiration of the primary owed by an operator of a §87.1 drilling and spac- term of the subject lease, and completed the well ing unit. Peculiarly, perhaps, that possibility was with diligence, and the well, in turn, was deter- significantly popularized by the decision in Leck mined to be commercially productive of natural v. Continental Oil Co.,13 which came to the Okla- gas. The lessee, having the right to separately homa Supreme Court on certified questions dispose of its share of gas, entered a contract for from the U.S. Circuit Court of Appeals for the the sale of gas. The operator is charged with the 10th Circuit, and which presented to the Supreme obligation to prepare a revenue deck and dis- Court only questions concerning the subject pense royalties, including royalties to Mr. Smith.7 matter jurisdiction of the district court. Specifi- Production of gas commences from the well and cally, the questions presented included whether royalty payments are made by the operator to the district court has subject matter jurisdiction Mr. Smith and other royalty interest owners. to “decide an action for damages brought by mineral interest owners against the owner and In time, Mr. Smith comes to believe that operator of an oil and gas lease when the min- improper deductions may have been taken from eral interest owners allege…2) violation of fidu- his royalty share of revenues.8 After consulting ciary duties by the operator for failing to protect with his attorney, Mr. Smith institutes a lawsuit their correlative rights[.]”14 Thus, Leck did not against the operator. The claims advanced by involve a claim for mispayment of royalties. Mr. Smith include a claim for breach of fiduciary Rather, the royalty owner-plaintiff maintained duty by the operator for improper deduction of that the defendant was violating its duty to pro- expenses from royalty payments.9 In addition, tect the subject lands from offset drainage and Mr. Smith asserts said claim not only on his own was thereby violating its fiduciary duty imposed behalf, but on behalf of royalty owners similarly by the spacing order to protect the unit’s correla-

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2029 tive rights. The Supreme Court, after referring to Section 112 has been interpreted by Oklahoma West Edmond and the 10th Circuit decision in courts to mean that the Commission has the Reserve Oil Inc. v. Dixon,15 noted “the existence of authority to construe and clarify its orders.27 a fiduciary duty owed by a unit to the royalty Further, the Commission’s power to clarify a owners and lessees who are parties to the unit- previous order under §112 is continuous in ization agreement or subject to the order creating nature and flows from the entry of the original 28 the unit.”16 Importantly, the Supreme Court noted order. The jurisprudence that has developed that “[t]his is not a duty created by the lease pursuant to §112 sheds light on how the section agreement but rather by the unitization order has been treated by the Oklahoma courts and and agreement.”17 In terms of the ultimate juris- gives evidence as to how it will be treated in dictional question presented, the Supreme Court the context of the commission’s role in construing and clarifying fiduciary duties created found that the district court is “the proper forum under spacing orders and unitization orders. to determine whether a duty was violated.”18 Samson Resources Co. v. Corporation Commis- In turn, the recent decision in Hebble v. Shell 29 19 sion presented a case in which the commission Western E&P Inc. expands significantly the entered a pooling order that provided options analysis suggested by Leck. Hebble involved a for participating in the unit oil and gas well, claim for mispayment of a net profits interest by including receipt of a cash bonus plus overrid- the operator of a drilling and spacing unit. ing or excess royalty, or receipt of a fair share of Among other claims, the plaintiffs alleged breach production. The well operator filed an applica- of fiduciary duty in mispayment and nonpay- tion at the commission to determine that the ment of the net profits interest. In addressing election representing Samson Resource Compa- this claim, the Court of Civil Appeals held that ny’s interest to participate in the well was inef- the “Oklahoma Supreme Court has ‘recognized fective and therefore Samson should be deemed the existence of a fiduciary duty owed by a unit to have taken the non-participatory option. One to the royalty interest owners and lessees who initial issue the court determined was that the are...subject to the order creating the unit.’”21 The commission had jurisdiction under §112 to con- court not only expressly stated that this is not a strue its pooling order to determine if Samson’s duty created by the lease agreement, but the conduct was satisfactory to allow it to partici- court advised that “the leases no longer control. pate in the well or not. Importantly, the pooling Instead, the parties’ relationships are defined by order did not specifically address the language statute and by Commission order.” According to in Samson’s letter whereby Samson denied it the court, the “critical factor is the resort to the had elected to participate. The court determined police powers of the state on the part of a lessee that §112 gave the commission jurisdiction to 30 in unitization proceedings which modify and construe its order in this context. amend existing legal rights.”22 Forest Oil Corp. v. Corporation Commission,31 THE CORPORATION COMMISSION’S presented the court with the issue of whether, STATUTORY AUTHORITY TO CLARIFY pursuant to §112, the commission can construe AND CONSTRUE THE UNITIZATION an order establishing an allowable. The commis- ORDER AND THE SPACING ORDER sion had entered three orders covering the subject unit, including an order determining that The Commission cannot determine the legal one of the wells within the unit was a hardship effect of its orders.23 In this regard, the Commis- well. Importantly, the orders were silent on the sion cannot try title to property,24 nor can it issue of whether the allowable production estab- award money damages.25 Further, the Commis- lished by the orders was a combined unit allow- sion cannot entertain claims involving private able. The commission was asked to determine rights.26 whether the hardship order created a separate allowable for the hardship well. In response to a However, 52 O.S. §112 provides in perti- challenge to the commission’s jurisdiction, the nent part: court determined that although the orders did Any person affected by any legislative or not address the issue, under §112, the commission can clarify its prior orders establishing a administrative order of the Commission 32 shall have the right at any time to apply to unit wide allowable for all wells in the unit. the Commission to repeal, amend, modify In Penmark Resources Co. v. Corporation Commis- or supplement the same. sion,33 a party had been selected as unit operator

2030 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 under a pooling order. Subsequently, a vote of alty interest” as defined by statute affected the the working interest owners subject to the order correlative rights of mineral owners. occurred and the original operator was removed. Finally, in Pelican Production Corp. v. Wishbone The pooling order did not provide a mechanism Oil & Gas Inc.,40 the commission issued a spacing for removal of the operator. Upon application order creating a drilling and spacing unit for the made to the commission, the issue was whether Red Fork common source of supply. Pelican’s the original operator had been removed. The predecessor in title drilled a well pursuant to an court determined that although the pooling oil and gas lease covering lands included in the order did not address the issue, the commission unit to the Red Fork and commenced produc- in fact had jurisdiction under §112 to construe its tion. Pelican subsequently executed a release of pooling order to determine if the original opera- 34 all formations covered by the lease except the tor had been properly removed. Red Fork. Wishbone’s successor then took anoth- A related case is Centurion Oil Inc. v. Stephens er lease in the same lands covering zones out- Production Co.35 There, Stephens claimed that its side the Red Fork and drilled three wells that proper participation in drilling and completion according to the commission, records were com- activities conducted under a pooling order had pleted in zones other than the Red Fork. Pelican been denied because the well operator had not commenced an action in the district court for supplied well logs. The parties participated in conversion of hydrocarbons alleging that Wish- the well pursuant to a pooling order which had bone’s wells were producing from the Red Fork. no language specifically requiring the operator Wishbone responded by filing a motion for sum- to supply well logs. The commission determined mary judgment arguing that the district court that because the pooling order required Ste- lacked subject matter jurisdiction to entertain phens to pay its share of costs which included the action and that the controversy presented a the costs to acquire such logs, it was inequitable collateral attack on an order of the commission. for the operator to withhold the logs. On appeal, Wishbone maintained that before the conversion the court determined that the commission can claim can proceed, there must be a determina- clarify its order by supplying terms requiring tion that Wishbone’s wells are taking hydrocar- that well logs be supplied.36 bons in violation of the commission spacing order. The court agreed: New Dominion LLC v. Parks Family Company LLC,37 is also of interest. The Commission issued Thus, if the three involved wells were pro- a pooling order adjudicating and pooling the ducing from the Red Fork, Wishbone would interests of parties covered by the order, includ- be in violation of the commission order. ing the unleased mineral interest of appellant, But it is commission’s responsibility to Parks Family Company LLC (Parks). Under the make that decision. The commission has terms of the order, Parks had been deemed to the sole authority to adjust the equities and have elected a nonparticipating royalty share protect the correlative rights between Peli- which included a cash bonus “plus the normal can and Wishbone. It is commission which must determine the formation from which 1/8 royalty interest as defined in 52 O.S. §87.1(e) 41 (1977).”38 Parks maintained that this language the wells are producing. meant that the well operator under the pooling Although decided on grounds other than the order had lease obligations, including the clarification mechanism provided by §112, the implied covenant to market, and that the opera- related decision in de Cordova v. Corporation Com- tor could not deduct post production costs from mission,42 also merits consideration. In de Cordova, the royalty share of revenues. The operator filed a working interest owner whose interests had an application at the commission pursuant to been force-pooled sought a determination from §112 to construe and clarify the pooling order. the commission that he was entitled — by virtue Parks alleged that the commission was without of a fiduciary duty alleged to be owed by the jurisdiction to entertain such an application in operator — to participate in the construction of that the issues involve a matter of private rights. a gathering system built by the operator. The The commission and the court disagreed, find- commission found that an operator has no fidu- ing that the commission, under the authority of ciary duty to the non-operators, and the work- §112 “may clarify its orders, so long as it does ing interest owner appealed. The Court of Civil not attempt to adjudicate private matters in Appeals noted that the Oklahoma Supreme doing so.”39 The court determined that the clari- Court had previously declined “to shroud the fication of the meaning of the “normal 1/8 roy- present parties with fiduciary rights and obliga-

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2031 tions which have not been set forth in their ma’s Production Revenue Standards Act (52 O.S. §570.10 et seq.), and 43 tortious breach of the implied covenant of good faith and fair deal- agreement,” and further explained: ing. 10. 275 P.2d 304. In the cases cited by appellant in support of 11. Id. at 309. the argument in favor of a fiduciary duty 12. Id. at 310. 13. 800 P.2d 224. for post-production activities, each of the 14. Id. at 225-26. Notably, prior to Leck, the district court never cases recognize that the duty was created, reached or decided the issue of whether a fiduciary duty existed in the context of a §87.1 drilling and spacing unit. Hence, the Supreme not by the lease agreement, but by the unit- Court’s discussion of fiduciary duty could be understood as an effort ization agreement or order creating the to explain the plaintiffs’ claim, not to define Oklahoma law. 15. 711 F.2d 951 (10th Cir. 1983). unit. Therefore, the extent of the duty 16. Leck, 800 P.2d at 229. owed must be contained in the agreement 17. Id. or order 44 18. Id. Whether a duty was violated presents, of course, a distinct . inquiry from what duties exist. 19. 238 P.3d 939. CONCLUSION 20. Id. at 943 (quoting Leck, 800 P.2d 224, 229). 21. Id. at 943. Pursuant to 52 O.S. §112, it is clear that the 22. Id. commission has the statutory authority to con- 23. Arrowhead Energy, Inc. v. Baron Exploration Co., 930 P.2d 181, 183 (Okla. 1996) strue and clarify its orders, including its spacing 24. Nilsen v. Ports of Call Oil Co., 711 P.2d 98, 102 (Okla. 1985). orders. The case law decided under §112 and the 25. Pelican Prod. Corp. v. Wishbone Oil & Gas, Inc., 746 P.2d 209, 212 (Okla Civ. App. 1987). de Cordova decision suggest that the commission 26. Rogers v. Quiktrip Corp., 230 P.3d 853, 857 (Okla. 2010) (noting can not only clarify terms expressed in its orders, that the Oklahoma Corporation Commission is “without authority to but also address those areas where its orders are hear and determine disputes between two or more private persons or entities in which the public interest is not involved”). silent in order to explain the impact of its orders 27. Forest Oil Corp. v. Corp. Comm’n, 807 P.2d 774, 781 (Okla. 1990); in given circumstances. As spacing orders are Centurion Oil, Inc. v. Stephens Prod. Co., 857 P.2d 821, 824 (Okla. Civ. App. 1993). typically silent concerning any fiduciary duties 28. Forest, 807 P.2d at 781. created thereby, it seems particularly appropri- 29. 742 P.2d 1114 (Okla. 1987). 30. Id. at 1116. ate for the commission — as the body having not 31. 807 P.2d 774. only knowledge of the intended scope of its 32. Id. at 781. 33. 6 P.3d 1076 (Okla. Civ. App. 2000). orders, but also having significantly greater 34. Id. at 1080. knowledge of oil and gas operations than many 35. 857 P.2d 821. courts — to clarify its spacing orders in this 36. Id. at 825. 37. 216 P.3d 292 (Okla. Civ. App. 2008). regard. 38. Id. at 293. 39. Id., at 297. 1. 52 O.S. §287.1; Young v. West Edmond Hunton Lime Unit, 275 P.2d 40. 746 P.2d 209. 304 (Okla. 1954); appeal dismissed, 349 U.S. 909, 75 S.Ct. 600, 99 41. Id. at 212. L.Ed.124 5 (1955); West Edmond Hunton Lime Unit v. Young, 325 P.2d 42. No. 93,373 (Okla. Civ. App. March 24, 2000). 1047 (Okla. 1958). 43. Id. at 7 (quoting ENI Producting Properties Program Ltd. Partner- 2. 52 O.S. §87.1; Leck v. Continental Oil Co., 800 P.2d 224 (Okla. 1989); ship 1982-I v. Samson Investment Co., 977 P.2d 1086, 1089 (Okla. 1999)). Hebble v. Shell Western E&P, Inc., 238 P.3d 939 (Okla. Civ. App. 2009), 44. Id. rehearing denied (Jan. 26, 2010), certiorari denied (Apr. 12, 2010). 3. See Hebble, 238 P.3d 939. See Brief for Oklahoma Independent Petroleum Association, et al., as Amici Curiae Supporting Appellant, About The Author Hebble, 238 P.3d 939. 4. Hebble, 238 P.3d at 943. 5. For purposes of this paper, the actual terms of the royalty clause Dale E. Cottingham is a direc- should be considered as standard language, whether a gross proceeds tor with GableGotwals in its lease, a net proceeds lease, or otherwise. It should also be assumed for Oklahoma City offices. He purposes of this paper that the lease does not affirmatively exclude any fiduciary duty owed by the lessee to Mr. Smith. maintains a natural resource 6. Application to Drill, Recomplete or Reenter, Oklahoma Corpora- practice with a significant tion Commission Form 1000. 7. See Shell Oil Co. v. Corp. Comm’n, 389 P.2d 951 (Okla. 1963). The emphasis in oil and gas law. He Shell Oil Co. case, commonly known as the “Blanchard Decision,” obli- has authored several articles gates each lessee to account to its lessors for royalty payments. The operator is obligated in a ministerial capacity under the Production Rev- involving oil and gas issues, is an enue Standards Act, 52 O.S. §570.4, to disburse royalties. Id. at 954-55. adjunct professor at the OCU 8. Said deductions may include items such as gathering, transpor- School of Law and has spoken at tation, compression, dehydration, and processing expenses and fees. 9. Other tort theories frequently asserted by royalty owners in such many continuing legal education seminars. cases include conversion, fraud, breach of duties imposed by Oklaho-

2032 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 SCHOLARLY ARTICLE

Overview of Agricultural Lien Laws in Oklahoma By Erin L. Means

INTRODUCTION n 2001, Oklahoma adopted the revisions to Article 9 of the Uniform Commercial Code (hereinafter Revised Article 9) Iproposed by the American Law Institute and the National Conference of Commissioners of Uniform State Laws. The revisions to Article 9 were designed to broaden the scope of Article 9 and clarify the rules governing security interests. This expansion included bringing statutory agricultural liens, including agricultural landlord’s liens, within the purview of Revised Article 9.

This paper provides a brief history on how completely distinct from traditional security agricultural liens operated in Oklahoma before interests covering agricultural products. The the state’s adoption of Revised Article 9 and a situations in which agricultural liens arose and detailed overview of agricultural liens in Okla- the methods for perfecting them were deter- homa under Revised Article 9. mined by each individual statute, making each lien unique in the way it operated. AGRICULTURAL LIENS IN OKLAHOMA BEFORE REVISED ARTICLE 9 A significant weakness of Oklahoma’s statu- Before Oklahoma adopted Revised Article 9 tory structure for agricultural liens before in 2001, interests in agricultural products came Revised Article 9 was that it created what about in essentially two ways: a traditional amounted to “secret” liens. Many of Oklaho- security interest and an agricultural lien arising ma’s agricultural lien statutes did not require from one of Oklahoma’s statutory agricultural any kind of public recordation of the lien and, lien provisions. To create a traditional security as such, prospective lenders had no means of interest in agricultural products, the two parties discovering the existence of pre-existing, unre- involved in the transaction would simply agree corded agricultural liens. A secured party that an agricultural product would serve as the would lend against a debtor’s crops or live- collateral for the transaction. The holder of the stock with possibly no knowledge of any other security interest was required to attach and per- encumbrances, only to find that a viable com- fect that security interest through all of the tradi- peting claim to their collateral existed when the tional means under Article 9 of the U.C.C. By debtor later defaulted. Another problem with contrast, the other way in which an interest in pre-Revised Article 9 agricultural liens in Okla- agricultural products arose before 2001 was by homa was that, because they did not fall under virtue of one of Oklahoma’s many statutory the coverage of Article 9 and its predictable liens affecting agricultural products, which are priority rules, determinations of their priority with respect to other agricultural liens and tra-

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2033 ditional security interests were subject to the (A) which secures payment or performance of an inconsistencies of non-U.C.C. state statutory obligation for: law. As such, the holder of an agricultural lien 1) goods or services furnished in connection might never be certain as to his lien’s priority with a debtor’s farming operation; or relative to other liens. 2) rent on real property leased by a debtor in AGRICULTURAL LIENS IN OKLAHOMA connection with its farming operation; AFTER REVISED ARTICLE 9 (B) which is created by statute in favor of a person Revised Article 9 significantly affected agri- that: cultural liens by expanding its coverage to include them, requiring agricultural lien hold- 1) in the ordinary course of business furnished ers to now file and perfect their liens in the goods or services to a debtor in connection same manner as any other secured party under with a debtor’s farming operation; or 1 the U.C.C. However, Revised Article 9 does 2) leased real property to a debtor in connection not transform agricultural liens into security with the debtor’s farming operation; and interests. The language of Revised Article 9 makes clear that agricultural liens, though (C) whose effectiveness does not depend upon the treated like security interests, are not security person’s possession of the personal property.4 interests under the U.C.C. because “agricul- Under this definition, one should note that its tural lien” is an independently defined term applicability to a given situation depends on and at any point in the language of the U.C.C., whether the collateral at issue is a “farm prod- security interests and agricultural liens are uct” and whether the debtor at issue is engaged 2 separately referenced. This distinction becomes in a “farming operation.” Each of these terms is important when examining the differences in likewise defined under §1-9-103, and each the U.C.C. rules governing attachment, priority definition is provided below: and perfection of security interests and agricultural liens. Definition of Farming Operations: Raising, cultivating, propagating, fattening, grazing, or any CHANGES AND ADDITIONS TO other farming, livestock or aquacultural operation.5 ARTICLE 9 Definition of Farm Products: Goods, other than Agricultural liens, including agricultural land- standing timber, with respect to which the debtor is lord’s liens, were brought under the purview of engaged in a farming operation and which are: Article 9 of the U.C.C with the following language, adopted into Oklahoma’s Commercial (A) crops grown, growing, or to be grown, Code in 12A O.S. §1-9-109: including: (a) [T]his article applies to: 1) crops produced on trees, vines, and bushes; and 1) a transaction … that creates a security interest in personal property … by contract; 2) aquatic goods produced in aquacultural operations; 2) an agricultural lien …. (B) livestock, born or unborn, including aquatic … goods produced in aquacultural operations; (d) This article does not apply to: (C) supplies used or produced in a farming 1) a landlord’s lien, other than an agricul- operation; tural lien; (D) products of crops or livestock in their 6 2) a lien, other than an agricultural lien, given unmanufactured states. by statute or other rule of law for services or Since Revised Article 9 defines farm products materials. . . .3 as goods “with respect to which the debtor is The statutory definition for an agricultural engaged in a farming operation” and not goods lien is found in 12A O.S. §1-9-102(5) and is as in the debtor’s possession, farm products under follows: this definition would logically include goods over which a debtor has both actual and con- An interest, other than a security interest, in structive possession, such as a farmer whose farm products: crops were stored at a warehouse.7 Also,

2034 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 because this definition clarifies that crops rule that conflicting security interests or agri- grown on “trees, vines and bushes” are includ- cultural liens in the same collateral rank in ed in farm products, there is no question over priority according to their time of filing, com- whether these crops are fixtures or personal monly known as first in time, first in right.17 property and whether they should be covered One should note that §1-9-322 does contain by a mortgage or a security agreement.8 Under an exception providing that a perfected agri- this definition, trees, vines and bushes are now 9 cultural lien has priority over a competing personal property covered by Article 9. security interest or agricultural lien in the same EFFECT OF THE INCLUSION OF collateral if the statute creating the agricultural AGRICULTURAL LIENS UNDER REVISED lien so provides.18 Under this exception, a lien- ARTICLE 9 holder’s interest in an agricultural lien can defeat a pre-existing security interest or agri- Possessory and Non-Possessory Agricultural Liens cultural lien if 1) the lien is perfected and 2) the Under Revised Article 9, an agricultural lien lien statute establishes the priority.19 must not depend on possession to be effec- The first element of §1-9-322(g)’s priority tive,10 meaning that the U.C.C. requirements of filing and perfection and the U.C.C.’s certainty on priority determinations apply exclusively to non-possessory agricultural liens. However, there is a provision in Revised Article 9 that …a perfected security favors possessory-based, non-U.C.C. agricultural liens. Section 1-9-333 of the Oklahoma interest or agricultural lien will Commercial Code provides that liens depend- ing on possession to be effective have priority always have priority over an over competing liens so long as possession continues.11 unperfected agricultural lien. Attachment, Perfection and Priority Attachment: The attachment provisions of Revised Article 9 do not apply to agricultural exception is that the agricultural lien in ques- liens because the attachment provisions only tion must be perfected. Thus, any unperfected reference “security interests” and not agricul- liens would fall under the general rule of tural liens.12 Instead, Revised Article 9 provides Revised Article 9 — that a perfected security that agricultural liens become “effective” under interest or agricultural lien will always have the terms of each individual statute creating priority over an unperfected agricultural lien.20 the lien.13 It is important to note, however, that As discussed above, an agricultural lien is per- for a security interest in growing crops — as fected once it is effective and once a financing opposed to an agricultural lien in the same — statement is filed. A financing statement must Revised Article 9 removes the requirement of a include the name of the debtor, the name of the real estate description in the attachment and secured party and an indication of the collat- perfection provisions.14 Thus, a lender may eral covered by the financing statement and claim a security interest in all of a debtor’s must be filed in the Oklahoma County Clerk’s present and future crops, no matter where the office.21 In addition to filing a U.C.C. financing crops are located.15 statement, Oklahoma has implemented a Cen- tral Filing System for liens on farm products, Perfection and Priority: The perfection and which operates as a registry enabling buyers to priority provisions of Revised Article 9, how- identify farm products that are subject to a ever, do apply to agricultural liens. Section 1-9- security interest.22 The filing of a financing 308(b) of the U.C.C. provides that an agricul- statement required for perfection and priority tural lien is perfected when it becomes effective under the U.C.C. is totally separate and dis- and when the applicable requirements for per- tinct from the filing of an “effective financing fection in §1-9-310 have been met. Section 1-9- statement” in the Central Filing System. One 310 of the U.C.C. contains the requirement that should also be aware that the U.C.C.’s rules for the secured party must file a financing state- 16 where to file the financing statement differ for ment to perfect its agricultural lien. Regard- security interests and agricultural liens. Section ing priority, §1-9-322 of the U.C.C. provides the

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2035 1-9-301 of the U.C.C. provides that for a secu- over other security interests and agricultural rity interest, the law of the state where the liens under §1-9-322(g)’s priority exception. debtor is located determines the perfection of 23 RIGHTS OF SECURED PARTIES IN the security interest. By contrast, §1-9-302 pro- PURSUING COLLATERAL UPON DEFAULT vides that for an agricultural lien, the law of the state where the farm products are located In the event that a debtor defaults on an obli- determines the perfection of the agricultural gation secured by an agricultural lien, the lien- lien. To illustrate the difference in where to file holder enjoys all of the same rights and reme- a financing statement for a security interest dies upon default as the holder of a security versus an agricultural lien, imagine that an interest. Part 6 of the U.C.C. sets forth the Oklahoma-based farmer/debtor has farmland responsibilities and rights of a “secured party” in both Oklahoma and Arkansas. If you are a upon default of the debtor and “secured party” lender to this farmer and you obtain a security is defined as both a person whom a security interest in his crops, you will need to file your interest is granted in favor of and the holder of financing statement in the Oklahoma County an agricultural lien.28 Section 1-9-606 of the Clerk’s office because the debtor is located in U.C.C. provides that an agricultural lien is con- Oklahoma. To the contrary, if your interest in sidered in default at the time when the secured the crops stems from an agricultural lien, you party becomes entitled to enforce the lien under will need to file a financing statement in Okla- the statute creating the lien. Also, one should homa to cover the crops physically located in note that the U.C.C. allows for security inter- Oklahoma and another financing statement to ests to extend to proceeds of the collateral and cover the crops that are physically located in that agricultural liens are not afforded this Arkansas. same protection.29 The rule that agricultural liens must be per- CONCLUSION fected based on the location of the farm prod- In sum, Oklahoma’s adoption of Revised ucts creates a situation where the agricultural Article 9 brought greater certainty to both lienholder must be aware of any movement attorneys and their clients involved in the across state lines of the farm products serving 24 practice of agricultural law. Agricultural lien- as collateral. If the farm products are moved holders and lenders in particular can be more into another state, the lienholder should take confident in knowing where they may stand the necessary steps to perfect its lien in the new 25 in the priority line as they decide whether to state where the farm products are located. extend credit for agricultural purposes. Argu- Additionally, although the U.C.C. provides ably the most important factor for agricultural that a security interest’s perfection will be lienholders to be aware of is the rule that they maintained for four months after a debtor must file a financing statement covering 26 their changes location, no similar grace period is respective collateral in any place where the provided for an agricultural lien when farm farm products are located. Because agricultural products change locations. liens do not get the four-month grace period on The second requirement for §1-9-322(g)’s pri- perfection enjoyed by traditional security inter- ority exception to apply to a particular agricul- ests, agricultural lienholders would be wise to tural lien is that the statute creating the lien file financing statements in any state where the must provide for that lien to take priority over farm products securing their liens could pos- a competing security interest or agricultural sibly be located. lien. Currently, only one of Oklahoma’s statu- 1. 12A Okla. Stat. §1-9-310. tory agricultural liens provides for that lien to 2. 12A Okla. Stat. §1-9-102(5). have priority over any competing security inter- 3. 12A Okla. Stat. §1-9-109 (emphasis added). 4. 12A Okla. Stat. §1-9-102(5). ests or agricultural liens. A laborer’s lien under 5. 12A Okla. Stat. §1-9-102(35). 42 O.S. §§92-96 applies to a person who per- 6. 12A Okla. Stat. §1-9-102(34). forms work or labor for another, including labor 7. Susan A. Schneider, “Statutory Agricultural Liens Under Revised Article 9 of the Uniform Commercial Code 3” (The National Agricul- on crops. A laborer’s lien is a non-possessory tural Law Center, University of Arkansas School of Law 2002). lien and is given express statutory priority over 8. Id. 27 9. Id. other liens in §96. Thus, a laborer’s lien for 10. 12A Okla. Stat. §1-9-102(5)(C). labor performed on crops or any other agricul- 11. 12A Okla. Stat. §1-9-333(b). 12. 12A Okla. Stat. §1-9-203(a). turally related work would qualify as an “agri- 13. 12A Okla. Stat. §1-9-308(b). cultural lien” and would enjoy super priority 14. 12A Okla. Stat. §1-9-203(b); 1-9-502(a).

2036 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 15. Schneider, supra note 7, at 4. 16. 12A Okla. Stat. §1-9-310(a). About The Author 17. 12A Okla. Stat. §1-9-322(a)(1). 18. Id. at §1-9-322(g). 19. Schneider, supra note 7, at 6. Erin L. Means practices in the 20. Id. areas of civil litigation, family law, 21. 12A Okla. Stat. §1-9-502(a)(1)-(3). contract disputes, oil and gas, 22. 12A Okla. Stat. §1-9-320.6. 23. 12A Okla. Stat. §1-9-301(1). estate planning and probate, real 24. Schneider, supra note 7, at 9. estate and lien law in the Enid 25. Id. 26. 12A Okla. Stat. §1-9-316(a)(2). office of the firm Gungoll, Jack- 27. 42 Okla. Stat. §96. son, Collins, Box & Devoll PC. 28. 12A Okla. Stat. §1-9-102(72). 29. 12A Okla. Stat. §1-9-322(c)(2). She graduated summa cum laude with a B.S. in political science as valedictorian from St. Gregory’s University in 2005. She earned her J.D. with honors from the University of Oklahoma in 2009.

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Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2037 SCHOLARLY ARTICLE

‘A Weapon Unused’ Offers of Judgment in Part Under Okla. Stat. Tit. 12, §1106 – Forgotten, Misunderstood and Unused By Robert J. Campbell Jr., Robert J. Haupt and Leslie L. Lynch “ e are called on to explain further, why, when all Europe was shaken by the controversy, no hint is to be found Win any public document of a fact which, if true, would be decisive; and yet more extraordinary, why the Pope and the Curia, when driven to bay in all the exasperation of a furious controversy, left a weapon unused which would have assured them an easy victory.” — The Divorce of Catherine of Aragon, by J.A. Froude (1891).

As a member of the trial bar, when was the the shelf to which §1106 is consigned appears last time you served — or were served with to be the result of a fundamental misunder- — an offer to confess judgment, not under standing regarding the statute’s meaning and Okla. Stat. tit. 12, §§1100 or 1101.1, but rather operation. When viewed as a device for termi- under §1106? If you’re like most of us, your nating the entire litigation without trial, rather answer is either “Huh?” or “Never!” However, than simply eliminating one or more claims as any Oklahoma attorney trying any of a from a trial which may proceed in any event, the range of civil lawsuits can attest, there are few proper function of the statute becomes clear. more potent weapons in the defense arsenal Section 1106 permits a defendant to limit the than a well-timed, precisely calibrated offer (or judgment it will suffer to not only the offered offers) of judgment. At a single stroke, the risk sum, but also to the specified claim, thus per- of all further costs in the action (including, in mitting it — among other things — to refuse to many instances, attorneys’ fees) is thrown onto suffer judgment as to other claims it deems to the plaintiff, often generating sufficient uncer- be frivolous. In this fashion, the real potential tainty so as to lead to the immediate conclusion of this 19th-century device for discouraging of the litigation. However, the curious fact is frivolous claims in litigation — a timely and that since well before statehood, with very few highly relevant concern — can be realized. exceptions, the Oklahoma defense bar has “left GIVING MEANING TO THE STATUTE a weapon unused” in the litigation arsenal. That weapon, an offer to confess judgment in A §1106 Offer Is Designed to Terminate the part under Okla. Stat. tit. 12, §1106,1 could quite Litigation In Its Entirety, Not Simply Thin Out possibly have assured “an easy victory.” the Claims and Issues For Trial. Section 1106 has been part of Oklahoma law With respect to offers of judgment in Okla- since before statehood. The unused place on homa, it has been stated that “there are several

2038 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 offer of judgment statutes, and under what ment in part and the plaintiff rejects, then the circumstances a particular statute should be plaintiff could be subjected to paying all of the used can be very confusing.” Andrea Cutter, defendants’ costs on all causes of action, rather Navigating the Offer of Judgment Quagmire, 82 than paying costs only on the cause of action for O.B.A.J. 367 (2/12/11). In particular, offers which the offer of judgment was made.” under §1106 have proven most confusing and Guide, at 160 (emphasis added). This would therefore seldom used. In one leading civil pro- seem to inject an element of unfairness: A cedure treatise,2 §1106 is omitted entirely from plaintiff who rejects an offer of judgment as to the list of offers of judgment available in Okla- one of its claims has not been given the oppor- homa in favor of its better-known (and more tunity to resolve its other claims by the offer, frequently used) cousins, including Okla. Stat. yet is punished for proceeding to trial on the tit. 12, §§940(B),3 11014 and 1101.15 and Okla. other claims — if unsuccessful — by being Stat. tit. 36, §3629(B).6 forced to pay all the defendant’s costs. Moreover, even when recognized, §1106 has Another problem arising under this interpre- proven difficult to decipher. For instance, an tation of §1106 is, what amount must be com- argument can be made that based upon the pared with the partial offer of judgment? To caption of the statute (“Offer to confess judg- determine whether a defendant whose offer ment in part”) and body (“*** may offer in court was rejected is entitled to costs, to confess judgment for part of the amount claimed, or part of the causes involved in the “…courts could compare the amount of the action ***”), the purpose of §1106 is to authorize offer of judgment to either the judgment on a ‘partial offer of judgment,’ that is, an offer of only the causes of action for which the defen- judgment directed to less than all of the claims in dant tendered the offer of judgment, or the the action which, if accepted, will leave the judgment on all the causes of actions. For remaining claims in the action for resolution at example, assume a plaintiff sues for emo- trial. Under this view, the interface between tional distress and false imprisonment. The §1106 and its cousin, §1101, “is that §1106 pro- defendant tenders an offer of judgment for vides a mechanism for use when the defendant the emotional distress claim in the amount does not want to make an offer of judgment for of $5,000 and the plaintiff rejects the offer. the entire amount of damages or for all claims At trial, the jury awards $3,000 for emo- brought against it,”7 with the function of a §1106 tional distress and $3,000 for false impris- offer of judgment being simply to eliminate one onment, a total judgment of $6,000. The or more claims or damage demands from a trial defendant moves for costs under §1106 which will go forward on the remaining claims contending that the damages award for the or damage demands, in any event. Leah Marie emotional distress ($3,000) was less than Thomas, Practice and Procedures: A Guide to Okla- the offer of judgment ($5,000). It is unclear homa’s Offer of Judgment Statutes, 54 Okla.L.Rev. whether the defendant will prevail or 149, 159 (2001) (hereinafter, “guide”) (footnotes whether a court will compare the total omitted). judgment for emotional distress and false imprisonment ($6,000) to the partial offer However, this raises a critical question: If of judgment ($5,000). If a court chooses the §1106 is to be construed as giving the defend- latter, the defendant will not be entitled to ing party a method for eliminating one of two costs under this example.” or more claims prior to trial and then proceeding to try the remainder, what happens if the Guide, at 161 (emphasis added)8 offer is rejected? The answer is problematic: In the face of such seeming difficulties, some “The statute is not clear as to the effect of costs analysts have concluded that the statute may ulti- if the plaintiff rejects the defendant’s offer of mately perform no useful function whatsoever: judgment and does not receive a judgment for “Due to the myriad of problems created under more than the offer. The statute states that if §1106, a defendant should consider using the a plaintiff rejects the offer and at trial does partial offer of judgment only when it wants to not recover more than the defendant eliminate a cause of action or a type of damages. offered, “such plaintiff shall pay all the If the plaintiff accepts the partial offer of costs of the defendant incurred after the judgment, then the defendant’s mission offer.” A court could interpret this language to was accomplished. If the plaintiff rejects the mean that if the defendant offers to confess judg-

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2039 Second, authority from other jurisdictions supports the argument that an offer under …§1106 provides a §1106 is designed to end the litigation. As stated by the Kentucky Court of Appeals in a case mechanism for use when the construing a statute identical to §1106, defendant does not want to make “[s]uch right was not affected by the offer of the defendant to confess judgment. an offer of judgment for the entire That offer was conditioned on its acceptance by the plaintiff in full of his demands. amount of damages or for all An offer to confess judgment under §640 of the Civil Code of Practice is designed to claims brought against it… end the litigation.” Martin v. Provident Life & Accident Ins. Co., 242 Ky. 667, 47 S.W.2d 524, 527 (1932) (emphasis offer of judgment, then the defendant’s desires 11 will not have been fulfilled and the effects of added). The object of such an offer is not to narrow down the issues for trial, but rather to narrow §1106 are virtually useless. Thus, the defen- down the cause for incurring further expense in the dant should consider making a §1101 offer litigation. See Carpenter v. Kent, 11 Ohio St. 554, of judgment, if its §1106 offer of judgment 558, 1860 WL 96 at *3 (Ohio). See also In re: Estate is rejected.” of Redpath, 224 Neb. 845, 402 N.W.2d 648, 651-652 Guide, at 161-162 (emphasis added).9 (Neb. 1987) (an offer under Neb. Rev. Stat. 25- 906, identical to §1106, is made in an effort to However, the seeming anomalies associated resolve the entire lawsuit, and does not permit with the §1106 offer of judgment are resolved, the plaintiff to both accept the offer and proceed and §1106 takes its legitimate and powerful to litigate whether it is entitled to more). place in the defendant’s arsenal of offer of judgment devices, when it is understood that a Finally, the conclusion urged herein serves §1106 offer of judgment is not intended simply the long-recognized purpose of offer of judg- to eliminate one of several claims from a trial ment statutes. Oklahoma’s §1106 allows an which will go forward whether the offer is accept- alternative to those situations where the result ed or not, but rather, it is intended to end the of the traditional rule under English statutory litigation in its entirety based upon entry of the law — that a successful plaintiff is entitled to judgment offered. This conclusion is supported payment of all costs by defendant — is con- on multiple grounds. trary to the purpose of that rule, that is, to penal- ize with costs the party responsible for the First, the statute provides that the option pre- unnecessary trial. This problem can arise when sented to the plaintiff is to accept or refuse the a defendant contests, not the right, but rather offer “in full of his demands against the defen- the amount of recovery, and is forced to bear the dant in the action.” Okla. Stat. tit. 12, §1106. If costs when the plaintiff has demanded too plaintiff rejects the offer to confess and fails to much. As stated in Carpenter v. Kent, supra, con- recover more at trial, it must pay “all the costs of struing a statute identical to §1106 (§498 of the the defendant incurred after the offer,” not — former Ohio Code of Civil Procedure): insofar as the terms of §1106 indicate — just “The statutes of England, however, at an those incurred in connection with the causes speci- early period, subjected the failing suitor in fied in the offer. It has been suggested that there is all litigations at law, to pay the costs of the an element of unfairness in punishing a plaintiff adversary party; and such has been the with the payment of all a defendant’s costs for general legislation upon the subject in this rejecting an offer of judgment going to only one country. But the reason of the rule was not of several claims, if the purpose of the offer is always realized in the result of litigation just to eliminate the one claim from the trial of between the parties under the application the action. However, no such unfairness arises of this general rule, that the party against when the purpose of the offer is to terminate the whom judgment was finally rendered, entire litigation and all claims therein based should also be adjudged to pay all costs. It upon entry of the judgment offered, that is, judg- not unfrequently happened that the debtor, ment upon the claim and in the sum specified.10 or party delinquent, for one hundred, was

2040 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 sued for two hundred dollars, and an frivolous. This 19th-century notion resonates expensive litigation ensued; not as to the strongly in the ongoing debate regarding how right of recovery, but as to the amount of the best to discourage frivolous litigation. By per- recovery. And in such cases, under the mitting an offer to be made going to part of the operation of the general rule, although the amount claimed or part of the causes in the verdict of the jury was for the amount action, §1106 thus serves a purpose different admitted by the defendant, he was, con- from that of §1101. In addition, it permits a trary to the reason of the rule, adjudged, defendant to make its offer of judgment without under it, to pay the expense of the litiga- opening itself to the danger of counter-offers of tion, and all costs were taxed against him, judgment from the plaintiff, such as are avail- as an incident of the judgment. able under §1101.1. Offers of judgment under §1106 need no longer be “a weapon unused.” By the code of civil procedure, the rule in this State, in all actions for the recovery of Authors’ note: The authors wish to express their money, was sought to be qualified in this appreciation for the encouragement and assistance particular, so as to render it consonant to of their colleague, the late Douglas M. Todd, J.D. the reason of the rule, ***.” 1. Okla. Stat. tit. 12, §1106 provides: Carpenter, 1860 WL 96 at **2 and 3, 11 Ohio St. After an action for the recovery of money is brought, the defen- 12 dant may offer in court to confess judgment for part of the at 557-59. amount claimed, or part of the causes involved in the action; whereupon, if the plaintiff, being present, refuse to accept such While Carpenter addressed the problem aris- confession of judgment in full of his demands against the defen- ing where a defendant who contests the amount dant in the action, or, having had such notice that the offer would be made, of its amount, and of the time of making it, as the court of recovery, but not the right, is forced to bear shall deem reasonable, fail to attend, and on the trial do not the costs where the plaintiff has demanded too recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. much, it is submitted that the very same prob- The offer shall not be deemed to be an admission of the cause of lem confronts the defendant sued by a plaintiff action, or the amount to which the plaintiff is entitled, nor be who seeks damages for both a meritorious and given in evidence upon the trial. 2. 1B Charles W. Adams and David J. Boudreau, Vernon’s Okla. a non-meritorious claim. Absent the statute, if Forms 2D, Ch. 7D. the plaintiff recovered on the valid claim, he was 3. Okla. Stat. tit. 12, §940(B) provides: B. Provided that, the defendant in such action [any civil action to entitled to collect all the costs of the action, recover damages for the negligent or willful injury to property] even though defendant prevailed on the invalid may, not less than ten (10) days after being served with sum- 13 mons, serve upon the plaintiff or his attorney a written offer to claim. Section 1106 permits a defendant sued allow judgment to be taken against him. If the plaintiff accepts for too much — whether due to an excessive the offer and gives notice thereof to the defendant or his attorney, demand, or the coupling of a valid claim with within five (5) days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the an invalid claim — to offer to confess judgment time limited, may be filed by the plaintiff, or the defendant, veri- for the true amount owed, thereby shifting the fied by affidavit. The offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice costs arising from unwarranted continuation of of acceptance is not given in the period limited, the offer shall be the litigation upon the plaintiff. Correcting deemed withdrawn, and shall not be given in evidence or men- tioned at the trial. If upon the action being adjudicated the judg- such abuses requires the conclusion that the ment rendered is for the defendant or for the plaintiff and is for a acceptance of a §1106 offer ends the litigation. lesser amount than the defendant’s offer, then the plaintiff shall not be entitled to recover attorney’s fees, court costs and interest. CONCLUSION If the judgment rendered is for the plaintiff, and is for the same amount as the defendant’s offer, then the plaintiff and defendant Properly construed, §1106 fulfills a unique shall incur their own attorney’s fees, court costs and interest. And if the judgment rendered is for the plaintiff, and is for a larger role in an Oklahoma defendant’s offer of judg- amount than the defendant’s offer, then the plaintiff shall be enti- ment arsenal by permitting the defendant to tled to recover attorney’s fees, court costs and interest. 4. Okla. Stat. tit. 12, §1101 provides in part: recognize that one of several claims against it is The defendant, in an action for the recovery of money only, may, meritorious and to offer to suffer judgment on at any time before the trial, serve upon the plaintiff or his attorney an offer, in writing, to allow judgment to be taken against the meritorious claim only, for the sum submit- him for the sum specified therein. If the plaintiff accepts the offer ted. This conclusion finds support in both the and gives notice thereof to the defendant or his attorney, within text of the statute and in cases construing similar five days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time lim- statutory provisions in other jurisdictions. It rec- ited, may be filed by the plaintiff, or the defendant may file the ognizes that the defendant is offering not only to acceptance, with a copy of the offer, verified by affidavit; and in either case, the offer and acceptance shall be noted in the journal, pay plaintiff a sum of money, but also to suffer and judgment shall be rendered accordingly. If the notice of judgment to be entered against it. It makes sense, acceptance be not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or men- from a policy standpoint, to permit the defen- tioned at the trial. If the plaintiff fails to obtain judgment for dant to limit its offer to suffer judgment to more than was offered by the defendant, he shall pay the defen- the claim or claims it deems viable and non- dant’s costs from the time of the offer.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2041 The minimum requirements of a §1101 offer are: 1) a formal offer to fer of judgment which is less than the judgment until the date confess judgment; 2) in writing, with a copy served on opposing coun- of the judgment. Such costs and fees may be added to the sel; and 3) giving plaintiff five days to accept or reject. Bullard v. judgment entered in favor of the plaintiff. ***. Grisham Constr. Co., 1983 OK 21, ¶5, 660 P.2d 1045, 1047. E. This section shall apply whether or not litigation costs or 5. Okla. Stat. tit. 12, §1101.1 provides in part: attorneys fees are otherwise recoverable. ***. A. Actions for personal injury, wrongful death, and certain 6. Okla. Stat. tit. 36, §3629(B) provides: specified actions. B. It shall be the duty of the insurer, receiving a proof of loss, to 1. Subject to the provisions of paragraph 5 of this subsection, submit a written offer of settlement or rejection of the claim to after a civil action is brought for the recovery of money as the the insured within ninety (90) days of receipt of that proof of loss. result of a claim for personal injury, wrongful death, or pur- Upon a judgment rendered to either party, costs and attorney suant to Chapter 21 of Title 25 or §5 of Title 85 of the Okla- fees shall be allowable to the prevailing party. For purposes of homa Statutes, any defendant may file with the court, at any this section, the prevailing party is the insurer in those cases time more than ten (10) days prior to trial, an offer of judg- where judgment does not exceed written offer of settlement. In ment for a sum certain to any plaintiff with respect to the all other judgments the insured shall be the prevailing party. If action or any claim or claims asserted in the action. An offer the insured is the prevailing party, the court in rendering judg- of judgment shall be deemed to include any costs or attorney ment shall add interest on the verdict at the rate of fifteen percent fees otherwise recoverable unless it expressly provides other- (15%) per year from the date the loss was payable pursuant to wise. If an offer of judgment is filed, each plaintiff to whom the provisions of the contract to the date of the verdict. This an offer of judgment is made shall, within ten (10) days, file: provision shall not apply to uninsured motorist coverage. a. a written acceptance or rejection of such offer, or 7. The conclusion that a §1101 offer of judgment reaches all claims b. a counteroffer of judgment, as described in paragraph 2 and demands in the subject “action for the recovery of money only” of this subsection. while a §1106 offer can extend to “part of the amount claimed, or part If the plaintiff fails to file a timely response, the offer of judg- of the causes involved in the action” is, in our view, entirely supported ment shall be deemed rejected. The fact an offer of judgment by the text of the statutes. We recognize that an Oklahoma Court of is made but not accepted or is deemed rejected does not pre- Appeals case, Maltos v. Bison Federal Credit Union, 1994 OK CIV APP 83, clude subsequent timely offers of judgment. 879 P.2d 1254, 1257, stated, in dictum and without citation of authority, 2. In the event a defendant files an offer of judgment, the that a §1101 offer could be directed at less than all of the claims in an plaintiff may, within ten (10) days, file with the court a coun- action, leaving the remaining claims to be litigated further. However, teroffer of judgment directed to each defendant who has filed this case has not been cited further and, in our view, is unsupported by an offer of judgment. ***. the statute. See also Oklahoma Civil Procedure Forms (Rel. 3-2/02 Pub. 3. In the event the plaintiff rejects the offer(s) of judgment and 82215), §1002 Offer of Judgment, pp. 10-12 to 10-13 (“Judgment entered the judgment awarded the plaintiff is less than the final offer on an offer of judgment encompasses all causes of action pending at of judgment, then the defendant filing the offer of judgment the time of the offer, so that attorney’s fees should be awarded if any shall be entitled to recover reasonable litigation costs and cause asserted would permit their recovery. Defendant cannot analyze reasonable attorney fees incurred by that defendant from the the various theories presented in an attempt to show that attorney’s date of filing of the final offer of judgment until the date of fees would have been unrecoverable on some of them * * * “, and “[i]t the verdict. ***. does not appear that this problem can be avoided by specifying that 4. In the event a defendant rejects the counteroffer(s) of judg- the offer relates only to causes of action on which no attorney’s fee ment and the judgment awarded to the plaintiff is greater would be awardable”, citing, inter alia, Maltos); and the Guide, 54 Okla. than the final counteroffer of judgment, the plaintiff shall be L. Rev. at 160 (“The difference between sections §1106 and §1101 is that entitled to recover reasonable litigation costs and reasonable §1106 provides a mechanism for use when the defendant does not attorney fees incurred by the plaintiff from the date of filing want to make an offer of judgment for the entire amount of damages of the final counteroffer of judgment until the date of the or for all claims brought against it”). verdict. Such costs and fees may be added to the judgment 8. Under our interpretation of §1106, infra, the answer to the hypo- entered in favor of the plaintiff. thetical is that the defendant’s $5,000 offer of judgment, albeit directed 5. The provisions of this subsection shall apply only where at the emotional distress claim, must be compared with the combined the plaintiff demands in a pleading or in trial proceedings total of the $3,000 award for emotional distress and the $3,000 award more than One Hundred Thousand Dollars ($100,000.00), or for false imprisonment. Properly construed, the $3,000 offer under where the defendant makes an offer of judgment more than §1106 was based upon the premise that the false imprisonment claim One Hundred Thousand Dollars ($100,000.00). Any offer of was without merit and would not result in any jury award at all. The judgment may precede the demand. combined $6,000 jury award in the hypothetical thus defeats the offer B. Other actions. of judgment. 1. After a civil action is brought for the recovery of money or 9. Cf. Navigating the Offer of Judgment Quagmire, 82 O.B.A.J. at 370 property in an action other than for personal injury, wrongful (uncertainty relating to §1106 requires that the practitioner “seriously death or pursuant to Chapter 21 of Title 25 or §5 of Title 85 of consider making the offer of judgment pursuant to §1101. 1 instead of the Oklahoma Statutes, any defendant may file with the court, §1106, if possible,” stated in connection with uncertainty regarding at any time more than ten (10) days prior to trial, an offer of whether a §1106 offer “shifts attorney’s fees when there is an underly- judgment for a sum certain to any plaintiff with respect to the ing statute that awards attorney’s fees to a ‘prevailing party’”). action or any claim or claims asserted in the action. ***. 10. Oklahoma case law under §1106 also affords at least some sup- 2. In the event a defendant files an offer of judgment, the port for the view that acceptance of the offer brings the litigation to an plaintiff may, within ten (10) days, file with the court a coun- end. See Richardson v. Barnhart, 1932 OK 506, 16 P.2d 98, 101 (“Defen- teroffer of judgment to each defendant who has filed an offer dant may offer in court to confess judgment for part of the amount of judgment and the claim or claims which are the subject claimed . . . and, if the plaintiff being present refuses to accept such con- thereof. ***. fession of judgment in full of his demands against the defendant in the action 3. If no offer of judgment or counteroffer of judgment is . . . and on the trial does not recover more than the amount so offered accepted and the judgment awarded the plaintiff is less than to be confessed, such plaintiff shall pay all the costs of the defendant one or more offers of judgment, the defendant shall be enti- incurred after the offer”) (emphasis added); and First Nat’l Bank of tled to reasonable litigation costs and reasonable attorney Soper v. Beecher, 1916 OK 956, 161 P. 327 (where plaintiff rejects an offer fees incurred by the defendant with respect to the action or to confess judgment under §1106 for “part of the causes involved in the the claim or claims included in the offer of judgment from action” and defendant is found liable at trial, the issue becomes and after the date of the first offer of judgment which is whether the sum for which defendant was found liable exceeds the greater than the judgment until the date of the judgment. amount of what had been offered. If the sum awarded at trial is less Such costs and fees may be offset from the judgment entered than the sum offered, plaintiff must pay all defendant’s costs after the against the offering defendant. offer). 4. If no offer of judgment or counteroffer of judgment is 11. The Kentucky statute, §640 of the former Civil Code of Practice, accepted and the judgment awarded the plaintiff is greater provided : than one or more counteroffers of judgment, the plaintiff §640 How offer made — effect of plaintiff’s refusal to shall be entitled to recover the reasonable litigation costs and accept. After an action for the recovery of money is brought, the reasonable attorney fees incurred by the plaintiff with respect defendant may offer, in court, to confess judgment for part of the to the action or the claim or claims included in the counterof- amount claimed or part of the causes involved in the action. fer of judgment from and after the date of the first counterof- Whereupon, if the plaintiff, being present, refuse to accept such

2042 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 confession of judgment in full of his demands; or, having had reasonable notice that the offer would be made, of its amount, and of the time of making it, fail to attend, and on the trial do not About The AuthorS recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. Robert J. Campbell Jr. is a

The offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given shareholder and director of Okla- in evidence upon the trial. homa City-based Phillips Murrah See also Tyler v. Hamilton, 108 Ky. 120, 55 S.W. 920, 921 (1900). 12. Section 498 of the former Ohio Code of Civil Procedure provided : PC. He is a member of the firm’s After an action for the recovery of money is brought, the defen- Commercial Law, Tribal Law and dant may offer in court to confess judgment for part of the cause involved in the action. Whereupon, if the plantiff, being present, Natural Resources practice groups, refuse to accept such confession of judgment, in full of his concentrating in commercial law, demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount, and of the oil and gas, tort, bankruptcy, pub- time of making it, as the court shall deem reasonable, fail to lic utility law, and civil trial and attend, and, on the trial, do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defen- appellate matters. After five years dant incurred after the offer. The offer shall not be deemed an as an attorney at the Oklahoma Court of Criminal admission of the cause of action, or amount to which the plaintiff Appeals and the Oklahoma Court of Civil Appeals, he is entitled, nor be given in evidence on the trial. 13. See Harlan Coal Co. v. North American Coal Corp., 35 F.2d 211 entered private practice in 1984. (N.D. Ohio 1929); Freed Furniture & Carpet Co. v. Sorenson, 28 Utah 419, 79 P. 564, 569 (Utah 1905); King v. Tabor, 15 N.M. 488, 110 P. 601, 603 (N.M. 1910); Jones v. Great N. Ry. Co., 68 Mont. 231, 217 P. 673, 677 Robert J. Haupt is a shareholder and director of (Mont. 1923); and Empire State Surety Co. of New York v. Moran Bros. Co., 71 Wash. 171, 127 P. 1104, 1107 (Wash. 1912). Oklahoma City-based Phillips Murrah PC. His practice focuses chiefly in the areas of litigation and bankruptcy with a significant emphasis on business reorga- nizations. He is also a nationally recognized authority on the hotel/resort management and development industry — sought frequently to provide receivership services and expert testimony in federal and state matters. He currently serves as a board member for the ABA’s Bankruptcy Litigation journal.

Leslie L. Lynch is a shareholder at GableGotwals, where her practice includes state and federal litigation in areas as varied as energy, employment, environmental and financial. She is also an adjunct professor at her alma mater, OCU School of Law. In addition to volunteering with many professional and community organizations, she enjoys spending her time at ball practice and games with her kids, Sara and Daniel, or golfing with husband, Jeff.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2043 WOMEN IN LAW CONFERENCE

Changing the World, One Woman at a Time By Deborah Bruce

Karen Hughes, known by Court, Oklahoma many as the counselor to City; Judge Vicki President George W. Bush, Miles-LaGrange, is the featured speaker for U.S. District Court, the 2011 Oklahoma Bar Asso- Western District of ciation Women in Law Confer- Oklahoma, Okla- ence. This year’s conference is homa City; Judge titled “Woman Up-Pathways Carol Hansen, Oklahoma to Leadership, Politics and Court of Appeals, Oklahoma Public Service” and is sched- City; and Melissa DeLacerda, uled for Sept. 16 at the Okla- 2003 OBA President, Stillwa- homa City Golf and Country ter, for a panel discussion Club. “Women Changing the focused on “Pathways to the World” is Hughes’s evening Present: How I Got There.” banquet topic. The under-representation Hughes served as the strate- of women in politics, govern- gic advisor to the president on ment and public service will policy and communications be analyzed in a CLE discus- and managed the White sion that includes Cindy House Offices of Communica- Simon Rosenthal, director tions, Media Affairs and and curator of the Carl Speechwriting. She served as Albert Congressional press secretary in 2001. She Research and Studies Center, Karen Hughes returned to her native Texas University of Oklahoma, in 2002, but continued to serve Norman. Other panelists Sept. 16, 2011 as an informal advisor to include Kathy Taylor, the president. In 2004, she McAfee & Taft, former Oklahoma City Golf and published Ten Minutes from mayor of Tulsa; Rita Aragon, Country Club Normal, a memoir of her expe- Oklahoma Secretary of Veter- Oklahoma City riences working with the presi- an Affairs, Oklahoma City; Full schedule of events at dent. Hughes is also the former Judge Jane Wiseman, Okla- www.okbar.org/women undersecretary of state for homa Court of Civil Appeals, public diplomacy and public Tulsa; and Representative exhibit hall where nonprofit affairs. She is currently global Elise Hall, House District 100, and community organizations vice chair of Burson-Marsteller. Oklahoma City. will be given an opportunity to connect with the registrants Hughes will also participate Public service is a primary as potential volunteers. Panel in the afternoon CLE program. focus of this year’s conference members discussing the She will join Justice Yvonne and, in addition to a panel dis- importance of public service Kauger, Oklahoma Supreme cussion, there will be an

2044 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 are Jari Askins, provost for The Women in Law Confer- ister at www.okbar.org/cle, or external relations, University ence is planned annually by just use the QR app on your of Oklahoma Health Sciences the OBA Women in Law Com- smartphone and snap the Center, Oklahoma City; Judge mittee and is made possible barcode for direct program Reta Strubhar, Oklahoma by the generous support of information and registration. Court of Criminal Appeals sponsors. The committee Ms. Bruce is the chairperson of (retired), Piedmont; Susan wants to acknowledge all of the Women in Law Committee. Loving, Lester, Loving and its sponsors, but specifically, Davies PC, Edmond; Anne as of press time, the “Presi- Sublett, Conner Winters, dent” level sponsor: The Tulsa; and Representative University of Oklahoma Emily Virgin, House District College of Law. 44, Norman. The conference is priced OBA President Deborah to include opportunities to Reheard will conclude the participate in the CLE and CLE with her presentation banquet or CLE only or ban- on “Future Pathways: Women quet only. Check on details at Making a Difference.” www.okbar.org/women. Reg-

FROM THE PRESIDENT Family & Divorce continued from page 2004 Mediation Training admittance to the Wednesday and Thursday night receptions, YLD Tombstone Casino Night, the Red Tulsa • Sept. 21 - 24 Dirt Rangers band, Veterans Appreciation Recep- OKC • Oct. 5 - 8 tion and the performance by The Capitol Steps from Washington, D.C. We have new joint events with the Oklahoma Judicial Conference, including a Bench and Bar Breakfast, also included in the registration fee. Approved for 40 hours of MCLE credit Plus, each registrant gets a gift bag that not only This course is lively and highly participatory and will include lecture, group discussion, and contains lots of merchandise and information simulated mediation exercises from our many vendors and sponsors, but also Cost: $625 includes all materials Bedre chocolate and customized badge holder, beverage mug and bandana. The Course for Professional We planned this Annual Meeting with our Mediators in Oklahoma This course fulfills the training requirements set forth members in mind, and we want you to give us in the District Court Mediation Act of 1998 your feedback on how we can continue to improve this fun, social annual event. I hope Contact: you will join us in Tulsa. The Mediation Institute (405) 607-8914 James L. Stovall, Jr. 13308 N. McArthur Oklahoma City, OK 73142

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2045 LAW RELATED EDUCATION

Florida Justice to Share Vision for Model Civics Program

Alarming statistics regarding failing to impart the skills and the civic competency of U.S. knowledge that young people citizens and the lack of funda- need to be effective citizens mental knowledge regarding and leaders.’” our system of government is That is why Florida Supreme a major concern of lawmakers Court Justice R. Fred Lewis has and legal professionals. The been invited to speak to OBA Nation’s Report Card indicates members this month about a that only 64 percent of 12th successful civics education grade students performed at program in his home state. or above the basic level in civic You are invited to welcome competency.1 The decline of Justice Lewis founded the civic engagement and political Justice Teaching Program Florida State apathy can be attributed to the because of similar concerns Supreme Court marginalization of civic educa- with regard to Florida students. tion in the schools. The program began with Jus- Justice R. Fred Lewis tice Lewis’ monthly visits to With that information in Justice Lewis will be four schools. At the completion mind, OBA President-Elect presenting his of his first semester, Justice Cathy Christensen has decided “Justice Teaching Program” Lewis realized success when to place special emphasis on www.justiceteaching.org students organized to improve law-related education during the quality of cafeteria food at Thursday, Sept. 29, 2011 her upcoming presidential their school. He determined 9 a.m. ~ 12 p.m. year, with particular attention that a statewide effort was at the paid to the role of the courts. needed to promote an under- Theatre Room - First Floor “Each student in Oklahoma standing of the American jus- Oklahoma Judicial Center is entitled to understand the tice system within the public 2100 N. Lincoln Blvd. third branch of government,” school system. In 2006, Lewis Oklahoma City, OK 73105 President-Elect Christensen began writing lesson plans and ~ Reception Following ~ believes. “We owe our students actively recruiting volunteer 12 ~ 1 p.m. the opportunity to understand lawyers and schools, and the Great Hall-Third Floor their rights and responsibilities program has grown ever since. R.S.V.P. in a nation governed by the “The Florida Justice Teaching Debra Jenkins – rule of law. Unfortunately, in Program coordinates the com- OBA Law-Related Education the quest to leave no child mitment of 4,500 volunteer [email protected] behind, civic education may attorneys and judges who (405) 416-7023 have been left at the bus stop. donate at least two hours each Students do not understand month at every school in Flori- civic education, the three schools. OBA-LRE would like da,” President-Elect Chris- branches of government and to increase participation of law- tensen said. “I know Oklahoma the rule of law in a civilized yers and judges in the class- attorneys and judges have long society. As noted by retired room and ensure that each been committed to donating U.S. Supreme Court Justice school in Oklahoma, public or their time in Oklahoma Sandra Day O’Connor, ‘We are private, large or small, receives

2046 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 the benefit of an attorney or generous grant for the pro- judge in their classroom.” gram. OBA-LRE envisions duplicating the Florida model, Justice Lewis so strongly adding our own Oklahoma believes in justice teaching that Bar Association emphasis, to he travels to other states show- provide a service to Oklahoma ing bar leaders how to estab- students. The OBA and our lish a program in their state. membership are dedicated to President-Elect Christensen, creating successful students along with the OBA Law-relat- today who become citizen ed Education Committee, leaders tomorrow. An under- chaired by OBA Vice President standing of civics is a gift that Reta Strubhar, and the Special every student deserves.” Committee on Public Educa- tion (SCOPE), chaired by Justice Lewis’ Oklahoma pre- Suzanne Heggy of Yukon, sentation is set for Thursday, share Justice Lewis’ vision for Florida State Supreme Court Sept. 29, from 9 a.m. – 12 noon justice teaching and are coordi- Justice R. Fred Lewis in the first floor Theatre Room nating the justice’s presentation at the new Oklahoma Judicial with the belief that a similar said. “The Florida Bar helps Center, 2100 N. Lincoln Blvd., program could work well here administratively to establish Oklahoma City. All bar mem- in Oklahoma. the program, to recruit lawyer bers are welcome to attend. volunteers, to provide assis- RSVP to Debra Jenkins, OBA- “The Florida model has been tance with training sessions LRE administrative assistant, at extremely effective in pairing and to make contact with (405) 416-7023, [email protected]. an attorney or judge with every schools. The Florida Bar Foun- public school in the state,” dation annually provides a 1. http://nationsreportcard.gov/civics_ President-Elect Christensen 2010/

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2047 FROM THE EXECUTIVE DIRECTOR

WOW! By John Morris Williams

Wow! That is all I have to As you look toward register- you lunch. The process moves say about what is planned for ing for the Annual Meeting pretty quickly. It is a great this year’s Annual Meeting. please consider greater refresher on many areas of law You’ve got to come and just involvement at the committee and you get a sneak preview see it all! and section level. Signing up of upcoming legislation. The Part of the Annual Meeting at www.okbar.org/members/ substantive law discussions is the meeting of the House of committees is a snap. We are involve explanations by some Delegates, where the business an active association and there great lawyers in every area of the association is conducted. is plenty of good work to of the law. On top of that we There will be important reso- be done at every level. As a have a lot of fun and good lutions and perhaps a contest- young lawyer I got involved fellowship during the day. ed election or in committee work, and it paid I want to close two. It is very by encouraging important that you to come to each county the Annual Meet- send its dele- ing and get re- gates. For us energized and to maintain invigorated by our governance the great program- and conduct ming. After that, I our important would like for you business, every to stay active or to county should get active in one or be represented. more of our many sections and committees. The The legislative program is an dividends beyond my wildest important part of the Annual OBA is a membership organi- imagination. The life-long zation and your involvement Meeting program. While it friends and the substantive law seems a long time off, the is essential for us to best I learned were but a couple of advance the rule of law and Oklahoma Legislature will be the multitudes of benefits. coming back into session the the other noble callings of first week of February. Follow- Regardless of your practice, our honored profession. ing the Annual Meeting we or the number of years you will present legislative items have been out practicing, the for passage. In addition, our OBA has something for you. Legislative Monitoring Com- Beyond the Annual Meeting, mittee will begin its work in there is another day to put on looking over every bill. This your calendar. We are having can entail reviewing up to our second Legislative Read- To contact Executive 3,000 bills in the beginning. ing Day on Jan. 28, 2012. It is Director Williams, email him on a Saturday, and we feed at [email protected].

2048 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 ` Luncheon tickets are $30 and may be purchased when registering for the Oklahoma Bar Association Annual Meeting.

` If you are not attending the OBA OU Law Alumni Luncheon Annual Meeting, mail a $30 Wednesday, Nov. 2, 2011 check payable to: OU College of Law Hyatt Regency, Tulsa 300 Timberdell Road 11:15 Reception with Cash Bar Norman, Oklahoma 73019 12:00 Lunch Please note “Nov. 2 Alumni For additional details, contact Evie Holzer at (405) 325-2227 Luncheon” on the check. or [email protected].

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2049 BOARD OF GOVERNORS ACTIONS

July Meeting Summary The Oklahoma Bar Association Board of Governors met at the Oklahoma Bar Center in Oklahoma City on Friday, July 22, 2011.

REPORT OF THE of Governors planning meet- involved in interviewing seven PRESIDENT ings, Law-Related Education individuals for a vacancy on meetings and administrative the Court of Appeals. President Reheard reported meetings, Hatton Sumners she attended the June board REPORT OF THE Teacher Institute in Norman meeting, Solo and Small Firm EXECUTIVE DIRECTOR and an Oklahoma Justice Conference, Bar Association Commission meeting. Executive Director Williams Technology Task Force meet- reported that he attended the REPORT OF THE ing via telephone, State Bar of Solo and Small Firm Confer- PRESIDENT-ELECT Texas annual meeting in San ence meeting, Pontotoc Coun- Antonio, Louisiana State Bar President-Elect Christensen ty annual Sheep Creek event, Association meeting in Las reported she attended the June Lawyers Helping Lawyers Vegas, New Mexico State Bar board meeting, Solo and Small retreat, Annual Meeting plan- Annual Meeting in Santa Fe Firm Conference, 2011 Annual ning meetings with President and several planning meetings Meeting planning meeting, Reheard and others, Audit for 2011 OBA Annual Meeting. SCOPE Task Force meeting, Committee meeting, Bar She also worked with General Technology Task Force meet- Association Technology Com- Counsel Hendryx on the ing, Technology Task Force mittee meeting, Bar Associa- appointment of a special pros- audit subcommittee meeting tion Technology Committee ecutor for the Court on the and 2012 Solo and Small Firm subcommittee auditor inter- Judiciary and with YLD Chair Conference planning meeting. views, Chinese delegation Roy Tucker to schedule a She also reviewed Leadership reception, monthly staff cele- Veterans Clinic in Muskogee Academy applications and brations for June and July, and County. She organized bar attended the selection meeting management staff meeting to leaders mid-year meetings for 2011-2012 academy partici- prepare for long-term staff in Tulsa and Oklahoma City, pants, reviewed the OBF grant absence for paternity leave. He reviewed Leadership Acade- application for the heroes pro- conducted Judicial Nominat- my applications to make selec- gram, participated in the Bar ing Commission elections for tions for 2011-2012 academy Center Facilities Committee Districts 1 and 2 and a runoff participants, finalized the OBF email discussions regarding election for District 1, worked grant application for the Okla- the first floor remodel and with the contractor, architect homa Lawyers for America’s worked with President and designer on the first floor Heroes program, finalized the Reheard on creation of the remodel, finalized suspension prototype for the heroes pro- “Clinic In a Box” prototype. and strike applications for gram “Clinic In A Box” and noncompliance with dues and worked on promotion for the REPORT OF THE PAST PRESIDENT MCLE requirements, finalized OBA/CLE cruise. the OBF grant for the heroes REPORT OF THE VICE Past President Smallwood program, met with Family PRESIDENT reported he participated in an Law Section members regard- executive committee telephone ing a new process to sell the Vice President Strubhar conference call discussion section handbook online and reported she attended the Solo regarding OBA information met with a technology vendor and Small Firm Conference, and Internet security. As chair- to preview an association June Board of Governors meet- man of the Judicial Nominat- management software. ing, Canadian County Board ing Commission, he was

2050 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 BOARD MEMBER REPORTS ed he attended the Solo and a criminal conviction. Motions Small Firm Conference and to dismiss have been filed. A Governor Carter reported June board meeting. Governor written status report of the she attended the June board Rivas reported he attended the Professional Responsibility meeting, Solo and Small Firm Solo and Small Firm Confer- Commission and OBA disci- Conference and the Tulsa plinary matters for June 2011 County Bar Association Com- ence and June board meeting. was submitted for the board’s munity Outreach project for Governor Shields reported review. Day Center for the Homeless. she attended the June board Governor Chesnut reported meeting, Solo and Small Firm ABA STATE DELEGATE he attended the June board Conference and Women in REPORT Law Committee meeting. She meeting, Solo and Small Firm Jimmy Goodman reported Conference, Audit Committee chaired the Audit Committee meeting and worked with contested elections for ABA meeting, Ottawa County Bar president-elect and chair of the Association monthly meeting auditors and Administration Director Combs on the audit. House of Delegates have expe- and a reception for judges in rienced candidates who have the northeast judicial district. AUDIT REPORT withdrawn. He reviewed reso- Governor DeMoss reported Audit Committee Chairper- lutions that will be considered, she attended the Tulsa County and he directed board mem- Bar Foundation meeting, par- son Susan Shields reported the committee met in late April bers to more information ticipated in a conference call available online. of National Council of Bar with Oklahoma City audit Foundations Board of Trustees, firm Smith, Carney & Co. She REQUEST TO COSPONSOR contacted some county bar said Administration Director ABA RESOLUTION presidents to solicit nomina- Combs did a wonderful job in preparing financials for the Jimmy Goodman reported tions for OBA awards and the ABA has requested bar audit. Audit Manager Stacey arranged for a monthly article associations join the associa- Vascellaro with Smith Carney in the Tulsa Lawyer called “The tion in supporting the Model reviewed the report results, OBA Connection” to report on Act Governing the Representa- which concluded the 2010 OBA activities and events. tion of Children in Abuse, financial statements accurately Governor Devoll reported he Neglect and Dependency Pro- reflected the financial position attended the June Board of ceedings. He provided back- Governors meeting, Solo and of the OBA. The board ground about the resolution Small Firm Conference, Gar- approved the report. and recommended support. field County Bar Association REPORT OF THE GENERAL It was decided to submit the meeting and Audit Committee COUNSEL ABA resolution to the Family meeting via phone. Governor General Counsel Hendryx Law Section chairperson for Dobbs reported he attended section comments before reported that the Professional the June board meeting. Gov- taking any action. ernor Meyers reported he Responsibility Tribunal held attended the Audit Committee its yearly meeting on June 30, TECHNOLOGY TASK meeting and Comanche Coun- 2011. F. Douglas Shirley, FORCE REPORT ty Bar Association meetings. Watonga, was selected as chief Task Force Chair Mark Rob- Governor Pappas reported master and William LaSorsa, ertson reviewed highlights of she attended the June board Tulsa, was selected as vice the task force’s final report. meeting, Solo and Small Firm chief master. She reported that a petition for certiorari has BAR ASSOCIATION Conference, two SCOPE Task TECHNOLOGY COMMITTEE Force meetings, Bar Associa- been filed in the U.S. Supreme Court by Wayne Fournerot. REPORT ON TECHNOLOGY tion Technology Committee AUDIT meeting, Access to Justice His appeal before the 10th Committee meeting and Circuit was denied. In another On behalf of Committee monthly Payne County Bar matter, the OBA has been Chairperson Gary C. Clark, Association meeting. She sent named as a defendant in civil President Reheard reported a letter to the attorneys in her litigation in the Western Dis- the committee was going to district and began compiling trict. The plaintiff alleges civil recommend a company to con- email addresses for her dis- rights violations against sever- duct an audit; however, the trict. Governor Poarch report- al defendants stemming from leading contender bowed out

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2051 of consideration this morning. on file is dated. The board OBA members from which to The task force report is being approved the executing of a designate a prosecutor in a given to the committee. The new corporate resolution. judicial removal matter as audit is currently on hold. PROPOSED POLICY FOR requested by the Court on The second candidate is Grant HIRING OUTSIDE COUNSEL the Judiciary. Thornton, and its proposal BAR LEADERS MID-YEAR The board reviewed a new will be reviewed. The audit is MEETING estimated to take eight weeks. policy drafted by Executive The proposal will be tweaked Director Williams and decided President Reheard reported and submitted to the board at to make one amendment – she sent letters to county bar its August meeting. changing reference from the presidents, section chairs and Office of the General Counsel committee chairs inviting COUNCIL ON JUDICIAL to the General Counsel. The them to attend meetings COMPLAINTS LEASE board approved the policy for Aug. 18 in Tulsa and Aug. 19 AGREEMENT hiring outside counsel as in Oklahoma City. Executive Director Williams amended. PROPOSED AMENDMENT reported this is the annual APPLICATIONS FOR TO THE RULES CREATING lease renewal of this entity SUSPENSION OF OBA AND CONTROLLING THE located in the Oklahoma Bar MEMBERS OBA Center. The board approved the agreement. The board voted to ratify President Reheard reported the electronic vote authorizing the proposed amendment POLICY FOR EXPENSE Executive Director Williams to requiring the OBA budget to REIMBURSEMENT OF submit the applications to sus- be approved by the Board of BOARD OF GOVERNORS- pend OBA members for failure Governors was approved by RELATED ACTIVITIES to pay 2011 dues and failure to the Supreme Court. President Reheard called the comply with 2010 MCLE EXECUTIVE SESSION board’s attention to the policy, requirements. The board voted to go into which provides for reimburse- APPLICATIONS TO STRIKE executive session, met in ses- ment of expenses incurred by NAMES OF OBA MEMBERS officers but does not allow sion, and voted to come out reimbursement for other board The board voted to ratify of executive session. members attending events on the electronic vote authorizing NEXT MEETING behalf of the president. Execu- Executive Director Williams tive Director Williams was to submit the applications to The Board of Governors met asked to update the policy and strike the names of OBA mem- in Vinita on Friday, Aug. 26, to present a revised version at bers for failure to reinstate 2011. A summary of those the next meeting. after suspension for failure to actions will be published after pay 2010 dues and failure to the minutes are approved. CORPORATE RESOLUTION comply with 2009 MCLE The next meeting of the Board FOR CORPORATE ACCOUNT requirements. of Governors will be held AT SMITH BARNEY Sept. 16, 2011, in Yukon. NOMINATIONS FOR Administration Director PROSECUTOR FOR THE Combs reported the updating COURT ON THE JUDICIARY of files at Smith Barney was needed. The current document The board voted to ratify the the investment company has electronic vote nominating five

2052 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 BAR FOUNDATION NEWS Lawyers Can Help Organizations Meet Increasing Needs for Help By John D. Munkacsy, OBF President

President-Elect Shon Erwin For several years, OBF sion. The gift is tax deductible, and I have each attended ABA Trustees have encouraged and your help is essential. meetings for the National Con- colleagues to become OBF I would like to recognize and ference of Bar Foundations and Fellows — 2011 is the time to thank those who have recently the National Association of make that happen. Without become members of the OBF IOLTA Programs this year and your help some Oklahoma Fellows program as listed have heard reports from inter- domestic violence victims below, in addition to our long- nationally recognized financial might be without protection; standing Fellows. I want to experts as well as our own some elderly Oklahomans invite all lawyers to join the local experts. The Federal might be without legal assis- distinguished list of concerned Reserve announced Aug. 9, tance on issues ranging from professionals who are helping 2011, that interest rates will fraud to consumer debt and to transform lives. remain exceptionally low beyond; some abused and through mid-2013. This neglected Oklahoma children RECENT NEW MEMBERS announcement and the might not receive pro bono OF THE OBF FELLOWS downgrade in the U.S. credit legal services. Financial sup- PROGRAM rating mark events that have port provided by you as a NEWEST OBF never occurred in the recorded Fellow of the Oklahoma BENEFACTOR FELLOWS: history of the market. Bar Foundation indeed trans- forms lives. M. Michael Arnett, Oklahoma City The economy continues to David O. Beal, Oklahoma City dramatically affect IOLTA reve- What are OBF Fellows? James B. Blevins Jr., Oklahoma City nues and other OBF endowed They are a group of dedicated G. David Bryant, Oklahoma City and designated fund invest- Oklahoma lawyers and other Judge James Michael Caputo, Owasso ment activity. The ability of concerned supporters of the Cathy M. Christensen, Oklahoma City your Oklahoma Bar Founda- law who have joined forces to Judge Valerie K. Couch, Oklahoma City tion to continue to fund grant further the charitable work Charles B. Davis, Norman awards levels continues to go being done across Oklahoma Jack S. Dawson, Oklahoma City down and much needed legal as members of the distin- Kenneth L. Delashaw Jr., Marietta services will decrease. Critical guished OBF Fellows. By Frederic Dorwart, Tulsa funding to qualified nonprofit making individual pledges in M. Eileen Echols, Oklahoma City organizations that meet law- the amount of $1,000, either G. Douglas Fox, Tulsa related needs of disadvantaged through a one-time contribu- Ernest F. Godlove, Lawton Oklahomans will be forced to tion or annual payments of Jack E. Gordon Jr., Claremore cut services. Public law-related $100 over 10 years, you can James R. Gotwals, Tulsa education will suffer at a time provide help to those in need. Fletcher Dal Handley Jr., El Reno when it is needed the most. Most Fellows, after meeting Ramona S. Hanson, Edmond their pledge, continue their Thomas W. Hosty, Oklahoma City Your foundation needs the annual giving as Sustaining or Oliver S. Howard, Tulsa help of all lawyers so that at the premier Benefactor Fel- Saejin “Jack” Hwang, Edmond charitable work on behalf of lows level through annual gifts James M. Levine, Oklahoma City Oklahoma attorneys can con- of at least $300. Benefactors Prof. Judith L. Maute, Norman tinue across our great state. lead by example. The charitable Billy A. Mickle, Durant work is good for the profes- Michael Charles Mordy, Ardmore

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2053 Brooke Smith Murphy, Oklahoma City Aaron M. Arnall, Midwest City Bradley K. Cunningham, Tulsa Robert W. Nelson, Oklahoma City Leah M. Avey, OKC Cindy Hodges Cunningham, Tulsa John W. Norman, Oklahoma City Judge Keith B. Aycock, Lawton Melody R. Daniels, Yukon Nancy S. Parrott, Oklahoma City Breea D. Bacon, Norman Charles Eric Davis, Lawton Deborah A. Reheard, Eufaula Donna C. Bacy-Watson, OKC Steven Davis, OKC Barbara Sears, Sand Springs B. J. Baker, Tahlequah Raymond E. Denecke, Norman Susan S. Shields, Oklahoma City Scott Austin Barnes, Dallas TX S. Douglas Dodd, Tulsa Kent Siegrist, Tulsa Becky Barney, Weatherford Christin Murphy Donovan, Tulsa Gregory R. Stidham, Checotah Tammy D. Barrett, Tulsa Gentner F. Drummond, Tulsa John Holman Weigel, Altus Robert J. Barron, W. Samuel Dykeman, OKC Miles C. Zimmerman, Chandler Colorado Springs, CO Diane E. Eason, Tulsa Keith B. Bartsch, Tulsa Loutitia Denison Eason, OKC NEWEST OBF SUSTAINING A. Gabriel Bass, El Reno Michelle L. Edstrom, OKC FELLOWS: Jennifer Beale, OKC David A. Elder, OKC Michael T. Beason, Altus Jennifer Danielle Ellis, Miami Belva Brooks Barber, Poteau Rebecca N. Beason, Altus Broc L. Elmore, Norman Stephen D. Beam, Weatherford Regan Strickland Beatty, OKC Frederick S. Esser, Bartlesville Ret. Judge Nancy L. Coats-Ashley, OKC Shannan E. Bickham, Tulsa Stanley L. Evans, OKC Gary W. Derrick, OKC Brandon C. Bickle, Tulsa Amber Feeback-Brock, Edmond Kent W. Gardner, OKC Rick W. Bisher, OKC Bruce Allen Flint, Texarkana TX John W. Garland, Anadarko Mike Blake, OKC Glenn E. Floyd, Norman David R. Garrison, Ponca City Michael W. Blevins, Sayre Jon R. Ford, Enid Bob Lake Grove, OKC Mark Blongewicz, Tulsa James M. Forgotson III, Norman Justice Noma Gurich, OKC Katherine Hohn Boettcher, OKC Heather Lamar Forsyth, Tulsa Barry L. Hafar, Arcadia Timothy J. Bomhoff, OKC Kent F. Frates, OKC David W. Holden, Tulsa Tyson E. Branyan, Stillwater Martin A. Frey, Tulsa James F. Howell, Midwest City Christopher Brendon Bridges, Eufaula Elizabeth Daly Fucci, OKC Carrie S. Hulett, OKC Matthew W. Brockman, OKC Ashley P. Fulk, OKC Bruce H. Johnson, OKC Ryan Lee Brown, OKC John W. Funk, OKC Judge Sam A. Joyner, III, Tulsa Brandee Lyn Bruening, OKC Jillian Fuqua, Beggs Judge William C. Kellough, Tulsa Tsinena Bruno-Thompson, OKC Clayton T. Gaddis, San Francisco, CA William D. Lunn, Tulsa Steven W. Bugg, OKC Charles E. Geister III, OKC Jeff E. Lynch, Edmond Kathy Burch, Tulsa Pete Gelvin, OKC Mack K. Martin, OKC Jim Buxton, OKC Blake A. Gibson, Bartlesville Gordon R. Melson, Seminole Hannah A. Cable, OKC Cynthia J. Goble, OKC Mack J. Morgan, III, OKC Travis Lee Cagle, OKC Jose Gonzalez, Purcell Susan A. Muscari, Tulsa John G. Canavan, Jr., Shawnee Harvey Charles Grauberger, Tulsa Judge Gerald F. Neuwirth, Lawton Ginny Bass Carl, OKC Tiffany N. Graves, Tulsa Robert J. Nichols, Tulsa Martha Rupp Carter, Tulsa Cheri Gray, OKC Deborah Scott Pappas, Stillwater Jessica L. Caruthers, Enid Kara Marisa Greuel, Tulsa Judge Robin Cauthron, OKC Eric Grimshaw, Tulsa Phillip R. Scott, Waurika Raygan Pierce Chain, Weatherford Rachel E. Gusman, Tulsa Leland W. Shilling, Purcell Jennifer K. Christian, OKC Misti D. Halverson, Wayne Brian E. Shipp, Idabel John R. Chubbuck, OKC Scott L. Hamilton, Tulsa Dennis A. Smith, Clinton Brad S. Clark, Edmond Ashton A. Handley, El Reno Kimberlee T. Spady, Hinton Mark Stephen Clark, Walters John E. Harper, Jr., Tulsa Dave Stockwell, Norman US Magistrate Paul J. Cleary, Tulsa Celo J. Harrel, Elk City T. Douglas Stump, OKC Lee McIntire Cohlmia, OKC J. Cade Harris, Elk City Ken Ray Underwood, Tulsa Ryan Nathaniel Cole, OKC Judge Ken Harris, Lawton Tom Walker, Ardmore Chris J. Collins, OKC Amy H. Harrison, OKC NEWEST OBF FELLOWS: Lorenzo T. Collins, Ardmore Travis J. Hartley, Vinita Remona K. Colson, Bartlesville Kimberly K. Hays, Tulsa Michael A. Abel, Elk City Aubrie E. Comp, OKC Suzanne P. Heggy, Yukon Timothy Luke Abel, OKC Michael J. Cooper, Tulsa Gregory M. Heiser, Norman Mark W. Albert, Elk City Amber R. Corbin, OKC Ronda Hellman, OKC Kimberly Dawn Anthony, OKC Denis Cote, Altus Brian J. Henderson, Sayre Lindsay C. LaFevers Archer, OKC Daniel Gill Couch, Edmond Kaleb K. Hennigh, Enid Cesar Adalberto Armenta, OKC Elliott Clark Crawford, Nichols Hills Ret. Judge A. J. Henshaw Jr., Sallisaw Allesan Armstrong, OKC Nathan S. Cross, Tulsa Megan D. Henson, Broken Arrow

2054 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 Rob Henson, Tulsa D. Keith McFall, OKC David A. Shipley, Dallas TX Rex Hodges, OKC Amy B. McFarland, Wagoner Deirdre O’Donnell Shipley, OKC Krista L. Hodges-Eckhoff, Yukon LeAnne McGill, Edmond William D. Simpson, Shawnee Michael W. Hogan, McAlester Jim McGoodwin, Edmond Stephanie Anne Singer, Tulsa Anna Kathaleen Honea, OKC Keren Williams McLendon, OKC Jeffrey C. Smith, Poteau Emily J. Hufnagel, OKC Erin L. Means, Enid Judge Mark R. Smith, Lawton Cheryl P. Hunter, OKC John M. Mee, OKC Valerie R. Smith, OKC Jennifer E. Irish, Edmond Michelle Jane Millbern, Amy Sokol, Tulsa Stephanie D. Jackson, OKC Alexandria VA Carol E. Sorensen, OKC Dan Jacobsma, Elk City Rana Ann Missman-Hill, Altus Alan Souter, Tulsa Floyd James, III, OKC Linda M. Modestino, Yukon Sheila Ann Southard, Ada Celeste Johnson, OKC Eric C. Money, OKC Gerald G. Stamper, Tulsa Gregory L. Johnson, Ardmore Erin M. Moore, OKC Rebecca D. Stanglein, Tulsa Kristi A. Johnson, Blanchard Kimberly K. Moore-Waite, Tulsa Julie D. Stanley, OKC Ryan Charles Johnson, Waco TX Katherine Morelli, Sand Springs June A. Stanley, Tulsa Christopher Dwight Jones, Durant Thomas C. Morgan, Watonga Meredith Blake Curnutte Stanton, Tulsa Jennifer Jones, OKC Gary R. Morris, Midwest City Sarah C. Stewart, OKC Nicholas M. Jones, Tulsa Sofia R. Nagda, Tulsa Amy M. Stipe, OKC Marcus Andrew Jungman, Cherokee Thomas P. Nally, Tulsa Justin Clay Stout, Muskogee Adam David Kallsnick, OKC Lane Rudder Neal, OKC Adam J. Strange, Tulsa James D. Kallstrom, OKC Jeffrey E. Niese, Tulsa John S. Stratton, OKC Matthew C. Kane, OKC Chrissi Ross Nimmo, Tahlequah Gloria Gail Stricklin, OKC Ann E. Keele, Tulsa Teresa Stephens Nowlin, Tulsa Anne B. Sublett, Tulsa Christopher Brian Keim, OKC Sharisse O’Carroll, Tulsa Clint T. Swanson, Tulsa Christopher S. Kelly, Cordell Jill Marie Ochs-Tontz, Guthrie Lauren Adrienne Toppins, Edmond Michael Edward Kelly, Norman Saul Gilbert Olivarez, OKC Michael T. Torrone, Ketchum Erin E. Kennedy, OKC Ann Dee Overstreet, Norman Jeffery D. Trevillion Jr., OKC Thomas E. Kennedy, OKC Christopher C. Papin, OKC Noel K. Tucker, Edmond Saban S. Khalaf, Tulsa Jessica L. Perry, OKC Phillip J. Tucker, Edmond Asher A. Killian, Carson City NV Lowell L. Peterson, Tulsa Roy D. Tucker, Muskogee A. Seth Killman, OKC Timothy J. Pickens, Tulsa Shannan Tucker, Okemah Michelle Kirby-Roper, Elk City Brian W. Pierson, OKC Jennifer Tupps, OKC Travis James Kirk, Edmond Warren Chiahsiung Plunk, OKC Lee Turner, Ponca City Rachel M. Kirk-Evans, OKC Laurie Kaye Pollard, Idabel Brian H. Upp, OKC Jennifer H. Kirkpatrick, OKC Mark H. Price, OKC Mia Vahlberg, Tulsa Maria T. Kolar, OKC Javier Ramirez, Okmulgee Lindsey Vanhooser, Edmond Carrie Kopp, Purcell Donelle Holbert Ratheal, OKC Jeffrey Blake Virgin, Norman Mark Koss, OKC Ryan J. Reaves, OKC Matt Von Tungeln, El Reno Claudia W. Kovar, Enid Amy Reimer, McAlester Joe Vorndran, Shawnee Paul Antonio Lacy, OKC Abbey V. Richards, Edmond Susan E. Walker, Tulsa J. Robert Lakey, Sayre Nathan D. Richter, Mustang Laura Wallis-Lindly, Broken Bow Melanie Lander, Tulsa James Roger Rinehart, El Reno Whitney Austin Walstad, OKC Tim Larason, OKC Westline Ritter, Alva Chief Magistrate William C. Wantland, David Leavitt, Edmond Kendra M. Robben, Ardmore Seminole Jennifer A. Liggett, Enid Faye Rodgers, Edmond Rick L. Warren, OKC Judge Ray Dean Linder, Alva Timothy Lee Rogers, Tulsa Benjamin D. Waters, Tulsa Grant T. Lloyd, Tulsa D Daryl Romano, Tulsa Adrienne Watt, Tulsa Martha L. Londagin, Grove Briana J. Ross, Tulsa Joseph P. Weaver, El Reno Brandon P. Long, OKC Michael A. Rubenstein, Edmond Daniel G. Webber Jr., OKC Cori H. Loomis, OKC Alix Lormand Samara, OKC Samantha Weyrauch, Tulsa Edward J. Lutz, Tulsa Mark D. G. Sanders, Tulsa Trenton M. White, Tulsa Tyler J. Mantooth, OKC Sarah J. Schumacher, OKC Bryon J. Will, OKC Angela Marsee, Arapaho Catherine Rose Seagraves, Stillwater Stanley Williams II, Tulsa Eustacia Stockton Mason, Judge Deborah C. Shallcross, Tulsa Taraneh Astani Wilson, Norman Carmel IN C. Eric Shephard, OKC Nancy Winans-Garrison, OKC Andrew Lee McAlester, Tulsa Judge Darrell G. Shepherd, Wagoner C. Russell Woody, OKC Judge C. Allen McCall, Lawton Ronald T. Shinn Jr., OKC Michael Steven Young, OKC Lincoln McElroy, Tulsa

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2055 LAWYERS FOR HEROES First State Veterans Clinic A Success By Roy D. Tucker

The Muskogee County Bar the money he was due, and Association held the first Attorneys can and do volunteer attorneys also legal advice clinic for area assisted him in drafting an military service members make a difference. estate plan to further protect and veterans on Aug. 13. As it. Those who had been the first of many such clinics denied benefits are now on set to occur across the state listen to his legal issue and the path to receive them, and on Nov. 11, 2011, as part of the advise him of his options. those with questions now Oklahoma Lawyers for Ameri- Another, an 83-year-old man, have answers and more ca’s Heroes project, the clinic admitted to having been taken importantly, options. was staffed by volunteer attor- advantage of financially when The Muskogee County Bar neys from the county bar, he loaned money to someone Association would like to spe- including OBA President close to him who had long cifically thank its members Deborah Reheard, District 7 since stopped returning his Gov. Lou Ann Moudy and OBA Executive Director John Morris Williams. Through the course of the clinic, members assisted some 30 veterans with legal questions covering estate planning, veteran’s benefits, contracts and real estate. Any veteran with a question warranting further action was either referred to the Oklahoma Lawyers for America’s Heroes volunteer attorney bank or was self-referred to the volunteer attorney at intake. The number of “thank yous” OBA President Deborah Reheard of Eufaula (left) assists an American received was incredible and hero during the Muskogee veterans clinic in August. was, as described by one volunteer, humbling to have the calls, and there were others opportunity to give back to and guests who attended in who have been unable to these men and women who addition to those previously recover benefits to which have served our country listed: Martha Cherbini, Mike they were entitled. admirably in the wars and Finerty, Patrick Guinn, conflicts of history. More than Attorneys can and do make Weldon Stout, John Vincent, one veteran broke down in a difference. A week after his Leah White, Paula Wilburn tears at simply having the clinic visit, the 83 year-old- and Jim Wilcoxen. It is opportunity to have someone man has been fully paid back because of these volunteer

2056 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 attorneys and others like them who willingly volunteer their time and expertise that the Oklahoma Lawyers for Ameri- ca’s Heroes program has become so successful. On a personal note, I urge all of you to contact your local bar associations and request they host a veterans clinic on Nov. 11, Veteran’s Day. If one has already been scheduled, please volunteer. Roy Tucker is Muskogee Coun- ty Bar Association president and OBA YLD chairperson. Muskogee County Bar Association members Mike Finerty (standing) and John Vincent prepare to answer legal questions for veterans and military members as the legal clinic gets underway.

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Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2057 ACCESS TO JUSTICE

Oklahoma Lawyers for Children A Tradition of Pride By Tsinena Bruno-Thompson

As a young lawyer, I was dren. In short order, Don The training for new OLFC very keenly aware of the need explained the plight of foster volunteers was a little different to be a productive member of children in our community and back then as OLFC was not my firm, and when I was lack- had me convinced that I need- even a year into its role as the ing in experience or expertise, ed to help although I had no only nonprofit organization my superiors would “write idea that there was a Juvenile dedicated to representing down” time that had been Justice Center or a children’s abused, neglected and billed to a client so that the cli- code in Title 10. With the bless- deprived children in DHS’s ent would not be paying for ing of my superiors, I volun- foster care system. Don Nichol- my learning experiences. In teered for what would later son or Buddy Faye Foster were many young lawyers, this become the most important always available by phone or practice seems to trigger the role of my professional life — to meet with me if I needed need to work harder and lon- an OLFC volunteer attorney. help, and I needed lots of guid- ger to get to that place where ance as the new counsel for a you feel that you are giving 14-year-old girl in therapeutic real value to your clients. Dur- foster care, prone to going ing those early years, I had the AWOL and having aggressive precious benefit of having a To this young outbursts with her caregivers. mentor, actually several men- As I got to know my young tors, to keep me on the path of lady, I was the one but very educated-in-the- legal competency, civility and system client, often through professionalism. person who hung talking during the rides back from picking her up from While on that journey, I was some place that she ran away also taught the immense value around and had stuck to, I learned that there had of pro bono work. Looking at really been no one in her life the monthly attorney time with her. that “stuck around.” records, it seemed like there was a awful lot of pro bono During her young life, she work that I was doing, but had been shuffled between fos- then it was quickly pointed out ter homes, moved out of state that the time that was being and back again and had not “written down or written off” seen her siblings in several wasn’t benefitting the client, it years. Concerned that I did not was benefitting me and my have the experience or knowl- continuing legal education of edge to be of true service to “what they don’t teach you in this young girl, I asked for and law school 101.” In August received Don’s and Buddy 1998, one of my dearest men- Faye’s sage advice frequently. tors, Judge David A. Kline, With their help, I learned the introduced me to Don Nichol- ropes, and I stuck with my cli- son and the newly formed ent. I learned the skills needed Oklahoma Lawyers for Chil- to stand up for this child who

2058 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 needed a voice. I learned how bono services is a great source victims are our citizens of to advocate in a court once of pride to its many volun- tomorrow, the employees of unfamiliar, and together we teers. Like me, many of our tomorrow and the future class- benefitted. When my client volunteers come without mates of our children. They started her life skills training knowing exactly where the deserve our protection. Since classes, both of us were excited juvenile court is located but 1997, OLFC has striven to take and nervous as she prepared quickly learn that they too the broken lives of these chil- to leave the foster care system have a place in their hearts for dren and to place them in safe and enter the world on her the needs of a child. Often you and loving homes so that they own. After my client left foster will see OLFC clients rush into have a chance to grow, free care and exited the juvenile the arms of “their” attorney from abuse and neglect. Ask justice system, she called me and proudly hold the attor- any OLFC volunteer if the many times, sometimes very ney’s hand when exiting court, work of returning hope and excited, sometimes nervous or a counseling session or a lunch color to the lives of children — scared. To this young lady, I meeting. How many times in one child at a time — has been was the one person who hung the course of your normal a source of personal and pro- around and had stuck with practice will any of your other fessional pride. Usually, your her. I had a place in her heart clients take you by the hand question will be answered with and that meant the world to while loudly and emphatically a voice choked with emotion me. I was proud to be a lawyer announcing to everyone that these cases have meant doing good and that feeling around that “this is MY law- more to the attorney volun- can be quite infectious. I would yer?” Once it happens, your teers than countless successful notice that doing this work step will get a little lighter, and jury verdicts or favorable judg- made me feel better as a you will feel a slight swell in ments. These volunteers have lawyer and as a person, and your chest. It’s a great feeling! made a difference in the life of I am told that it showed in a child and make us proud of There is no doubt that OLFC many ways. the profession we have vowed cases are challenging both to serve. Today, I hold the honor of legally and emotionally. These being chosen to lead Oklaho- children have been through sit- Ms. Thompson is Oklahoma ma Lawyers for Children, and uations in their lives that no Lawyers for Children president I can say without reservation one should ever have to and CEO. that OLFC’s tradition of pro endure. These blameless

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2059 YOUNG LAWYERS DIVISION

Want to Get Involved? By Roy D. Tucker, YLD Chairperson

In this issue of the Oklahoma new admittees into the YLD tiveness. Over the course of the Bar Journal, you will find more and the OBA. The soirees will Annual Meeting, the YLD will opportunities to become be held in Oklahoma City at once again be hosting its hospi- involved in the YLD. First, I McNellie’s, 1100 Classen Dr., tality suite, which provides would like to invite all attor- and also at McNellie’s in Tulsa, lawyers of all ages the oppor- neys to attend a new attorney 409 E. First St. We hope that tunity to meet with their col- soiree in either Tulsa or Okla- many of our members use this leagues on an informal basis homa City to congratulate new opportunity to meet the new and to discuss both personal admittees and welcome them admittees, as well as to meet and professional issues in a into the OBA. Next, I would other members and learn more friendly and welcoming ses- like to encourage all YLD about the YLD. sion. I would encourage all members to register for and new attorneys and YLD mem- YLD ANNUAL MEETING attend the OBA Annual Meet- bers to mark your calendars ing Nov. 2 – 4 in Tulsa. There The YLD Annual Meeting is and plan to attend the OBA will be a number of activities held in conjunction with the Annual Meeting. specifically geared to the YLD, OBA Annual Meeting Nov. ABA ANNUAL MEETING including a speed networking 2 – 4 at the Hyatt Regency in IN TORONTO event where young lawyers Tulsa. This year the meeting will have the opportunity to will occur on Wednesday, Nov. YLD officers Jennifer Kirk- have a two-minute meeting 3, at 6 p.m. in the YLD suite, patrick, Molly Aspan, myself, with more senior lawyers. followed by line dance lessons and directors Briana Ross and Finally, I encourage individuals in the ballroom from 7:30 – Kaleb Hennigh attended and looking for more ways to 8 p.m. Immediately following, participated as Oklahoma dele- become involved to review the the YLD has combined its gates at the ABA YLD Assem- materials on the next few pages favored casino night with the bly at the ABA Annual Meeting and consider running for a seat president’s “Boots and Ban- in August. I also attended and on our YLD Board of Directors. danas” reception, so wear participated in the ABA House your favorite pair of kickers of Delegates. The ABA Annual NEW ATTORNEY Meeting provided extensive RECEPTION AND SOIREE and join us. On Thursday, Nov. 4, the speed networking networking opportunities for The YLD is once again host- event will be held from 6 – young lawyers, a forum for ing receptions and soirees wel- 7 p.m., followed by our second CLE and professional develop- coming new members to our annual “Friends & Fellows” ment programming, and profession. The swearing-in reception. Afterward, everyone assembly business including ceremonies will be held Thurs- is invited to attend the hilari- presentations by ABA officers day, Sept. 22, and the YLD ous comedic styles of the Capi- and sections as well as debate will be involved by hosting a tol Steps troupe. In addition to and voting on numerous reso- cookie-and-punch reception for the social activities, YLD’ers lutions. Congratulations go out new admittees and their fami- and senior lawyers alike are to newly elected Secretary/ lies following the ceremony. encouraged to attend the first Treasurer Mario Sullivan of ever OBA Trial College. This Chicago. Then, on Thursday, Sept. 29, event will provide in-road at 5:30 p.m., the YLD would skills for those who want to like to invite all members to increase their advocacy effec- attend a soiree welcoming the

2060 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 RUN FOR THE OBA/YLD BOARD OF DIRECTORS TIPS FROM THE NOMINATING DEADLINE: Sept. 20 COMMITTEE CHAIRPERSON at 5 p.m. • The OBA YLD website has a sample nominating petition to give If you are interesting in you an idea of format and information required by OBA Bylaws. becoming more involved in You can also request a nominating petition from the Nominating the OBA/YLD, consider run- Committee. ning for a position on the YLD • Signatures on the nominating petitions do not have to be from Board of Directors. The YLD young lawyers in your own district (the restriction on districts Board of Directors has month- only applies to voting). ly meetings that are typically held on Saturday mornings in • Take your petition to local county bar meetings or to the court- Tulsa and/or Oklahoma City. house and introduce yourself to other young lawyers while ask- Nominating petitions must be ing them to sign – it’s a good way to start networking. submitted by 5 p.m. on Tues- • You can have more than one petition for the same position and day, Sept. 20, 2011, and ques- add the total number of original signatures – if you live in a rural tions can be directed to Molly area, you may want to fax or email petitions to colleagues and Aspan, Nominating Commit- have them return the petitions with original signatures by snail tee chairperson, at maspan@ mail. hallestill.com. • Don’t wait until the last minute – the Nominating Committee will OFFICERS: not accept nominating petitions received after 5 p.m. on Tuesday, Chairperson-Elect Sept. 20, 2011. Qualifications: Any member • Membership eligibility extends to Dec. 31 of any year which you of the division having previ- are eligible. ously served for at least one • Membership eligibility starts from the date of your first admission year on the OBA/YLD Board to the practice of law, even if outside of the state of Oklahoma. of Directors. • All candidates’ photographs and brief biographical data are Term: One-year term (Jan. 1, required to be published in the OBJ. All biographical data must 2012 - Dec. 31, 2012). The chair- be submitted by email or on a disk. Petitions submitted without a person-elect automatically photograph and/or brief resume are subject to being disqualified becomes the chairperson of at the discretion of the Nominating Committee. the division for 2013. Treasurer Board of Directors District No. 4: Qualifications: Any member (Two-Year Terms) of the OBA/YLD Board of Alfalfa, Beaver, Beckham, Directors may be elected by the The following directorships Blaine, Cimarron, Custer, membership of the division to are open for election for a two- Dewey, Ellis, Garfield, Harper, serve in this office. year term from Jan. 1, 2012 to Kingfisher, Major, Roger Mills, Term: One-year term (Jan. 1, Dec. 31, 2013. Texas, Washita, Woods, and Woodward counties (1 seat) 2012 - Dec. 31, 2012). District No. 2: Secretary District No. 6: Atoka, Bryan, Choctaw, Qualifications: Any member Haskell, Johnson, Latimer, Tulsa County (1 seat) of the OBA/YLD Board of LeFlore, McCurtain, McIntosh, District No. 8: Directors may be elected by the Marshall, Pittsburg, Pushma- membership of the division to taha, and Sequoyah counties Coal, Hughes, Lincoln, serve in this office. (1 seat) Logan, Noble, Okfuskee, Payne, Pontotoc, Pottawatomie Term: One-year term (Jan. 1, District No. 3: and Seminole counties (1 seat) 2012 - Dec. 31, 2012). Oklahoma County (2 seats)

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2061 At-Large: Eligibility: a tie. Please see OBA/YLD Bylaws for additional (3 seats) All OBA members in good information (www.okbar.org/ standing who were admitted to At-Large Rural: members/yld/bylaws.htm). the practice of law 10 years ago Any county other than Tulsa or less are members of the Deadline: County or Oklahoma County OBA/YLD. Membership is Nominating petitions, accom- (1 seat) automatic — if you were first panied by a photograph and admitted to the practice of law brief resume (in electronic Nominating Procedure: in 2001 or later, you are a form) for publication in the member of the OBA/YLD! Article 5 of the Division OBJ, must be received by the Bylaws requires that any eligi- Election Procedure: Nominating Committee Chair- ble member wishing to run for person no later than 5 p.m. on Article 5 of the Division office must submit a nominat- Tuesday, Sept. 20, 2011, at the Bylaws governs the election ing petition to the Nominating following address: Committee. The petition must procedure. In October a list of be signed by at least 10 mem- all eligible candidates and bal- Molly Aspan bers of the OBA/YLD. The lots will be published in the OBA YLD Nominating Com- original petition must be sub- OBJ. Deadlines for voting will mittee Chairperson mitted by 5 p.m. on Tuesday, be published with the ballots. Hall, Estill, Hardwick, Gable, Sept. 20, 2011. A separate peti- All members of the division Golden & Nelson PC tion must be filed for each may vote for officers and at- Tulsa, OK 74103 opening, except that a petition large directorships. Only those (918) 594-0595 for a directorship shall be valid members with OBA roster Fax: (918) 594-0505 for one-year and two-year addresses within a subject judi- [email protected] terms and at-large positions. cial district may vote for that A person must be eligible for district’s director. The members division membership for the of the Nominating Committee entire term for which elected. shall only vote in the event of

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2062 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 Calendar September OBA Law-related Education PROS Elementary OBA Closed – Labor Day Observed 20 5 Training; 8:30 a.m.; Oklahoma Bar Center, Oklahoma 6 OBA Law-related Education Task Force Meeting; City; Contact: Jane McConnell (405) 416-7024 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa OBA Civil Procedure and Evidence Code County Bar Center, Tulsa; Contact: Reta Strubhar Committee Meeting; 3:30 p.m.; Oklahoma Bar (405) 354-8890 Center, Oklahoma City and OSU Tulsa; Contact: James Milton (918) 591-5229 8 OBA Women Helping Women Support Group; 5:30 p.m.; The Oil Center – West Building, Suite 108W, 21 OBA Law-related Education PROS Secondary Oklahoma City; RSVP to: Kim Reber (405) 840-3033 Training; 8:30 a.m.; Oklahoma Bar Center, Oklahoma OBA Awards Committee Meeting; 12 p.m.; City; Contact: Jane McConnell (405) 416-7024 Oklahoma Bar Center, Oklahoma City; Contact: Oklahoma Council of Administrative Hearing D. Renée Hildebrant (405) 713-1423 Officials; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: 9 OBA Budget Committee Meeting; 10 a.m.; Carolyn Guthrie (405) 271-1269 Ext. 56212 Oklahoma Bar Center, Oklahoma City; Contact: Ruth Bader Ginsburg American Inn of Court; Craig Combs (405) 416-7040 5 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: OBA Military Assistance Task Force Meeting; Donald Lynn Babb (405) 235-1611 2 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Dietmar Caudle (580) 248-0202 22 New Admittee Swearing In Ceremony; House of Representative Chambers, State Capitol; Contact: Board 14 OBA Diversity Committee Meeting; 12 p.m.; of Bar Examiners (405) 416-7075 Oklahoma Bar Center, Oklahoma City and Tulsa OBA Budget Committee Meeting; 12 p.m.; County Bar Center, Tulsa; Contact: Jeff Trevillion Oklahoma Bar Center, Oklahoma City; Contact: (405) 778-8000 Craig Combs (405) 416-7040 15 Oklahoma Bar Foundation Committee OBA Justice Commission Meeting; 2 p.m.; Meeting; Lawton Country Club, Lawton; Contact: Oklahoma Bar Center, Oklahoma City; Contact: Drew Nancy Norsworthy (405) 416-7070 Edmondson (405) 235-5563 OBA Bar Association Technology Committee OBA Men Helping Men Support Group; 5:30 p.m.; Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City The Center for Therapeutic Interventions, Suite 510, and OSU Tulsa; Contact: Gary Clark (405) 744-1601 Tulsa; RSVP to: Kim Reber (405) 840-3033 16 OBA Board of Governors Meeting; Yukon, 23 OBA Lawyers Helping Lawyers Assistance Oklahoma; Contact: John Morris Williams Program Meeting; 12 p.m.; The Oil Center, Oklahoma (405) 416-7000 City; Contact: Donita Douglas (405) 416-7028 OBA Women in Law Conference; Oklahoma City OBA Rules of Professional Conduct Committee Golf and Country Club, Oklahoma City; Contact: Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City Deborah Bruce (405) 528-8625 and Tulsa County Bar Center, Tulsa; Contact: OBA Uniform Laws Committee Meeting; 2 p.m.; Paul Middleton (405) 235-7600 Oklahoma Bar Center, Oklahoma City and OSU Tulsa; OBA Alternative Dispute Resolution Section Contact: Don Halladay (405) 236-2343 26 Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City OBA Law Day Committee Meeting; 3 p.m.; and Tulsa County Bar Center, Tulsa; Contact: D. Michael Oklahoma Bar Center, Oklahoma City and Tulsa County O’Neil Jr. (405) 239-2121 Bar Center, Tulsa; Contact: Tina Izadi (405) 522-8097 27 OBA Bench & Bar Committee Meeting; 12 p.m.; 17 OBA Young Lawyers Division Committee Oklahoma Bar Center, Oklahoma City and Tulsa Meeting; Tulsa County Bar Center, Tulsa; Contact: County Bar Center, Tulsa; Contact: Barbara Swinton Roy Tucker (918) 684-6276 (405) 713-7109

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2063 OBA Legal Intern Committee Meeting; 3 p.m.; 13 OBA Women Helping Women Support Group; Oklahoma Bar Center, Oklahoma City with telecon- 5:30 p.m.; The Oil Center – West Building, Suite ference; Contact: Candace Blalock (405) 238-3486 108W, Oklahoma City; RSVP to: Kim Reber 28 OBA Law Office Management and Technology (405) 840-3033 Section Meeting; 3:30 p.m.; Oklahoma Bar Center, 14 Oklahoma Association of Black Lawyers Oklahoma City; Contact: Kent Morlan (918) 582-5544 Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma OBA Bench & Bar Committee Meeting; 12 p.m.; City; Contact: Donna Watson (405) 721-7776 Oklahoma Bar Center, Oklahoma City and Tulsa County OBA Communications Committee Meeting; Bar Center, Tulsa; Contact: Barbara Swinton 12 p.m.; Oklahoma Bar Center, Oklahoma City (405) 713-7109 and Tulsa County Bar Center, Tulsa; Contact: OBA Professionalism Committee Meeting; Mark Hanebutt (405) 948-7725 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa OBA Rules of Professional Conduct County Bar Center, Tulsa; Contact: Patricia Podolec SubCommittee Meeting; 3 p.m.; Oklahoma Bar (405) 760-3358 Center, Oklahoma City; Contact: Paul Middleton 30 OBA Board of Editors Meeting; 2 p.m.; Oklahoma (405) 235-7600 Bar Center, Oklahoma City; Contact: Carol Manning OBA Family Law Section Meeting; 3:30 p.m.; (405) 416-7016 Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact: Kimberly Hays (918) 592-2800 October 18 OBA Civil Procedure and Evidence Code Committee Meeting; 3:30 p.m.; Oklahoma Bar 4 OBA Management Assistance Program Center, Oklahoma City and OSU Tulsa; Contact: Opening Your Law Practice; 8:30 a.m.; Oklahoma James Milton (918) 591-5229 Bar Center, Oklahoma City; Contact: Jim Calloway (405) 416-7051 19 Oklahoma Council of Administrative Hearing Officials; 12 p.m.; Oklahoma Bar Center, Oklahoma OBA Law-related Education Task Force City and Tulsa County Bar Center, Tulsa; Contact: Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma Carolyn Guthrie (405) 271-1269 Ext. 56212 City and Tulsa County Bar Center, Tulsa; Contact: Reta Strubhar (405) 354-8890 OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City 6 OBA Men Helping Men Support Group; and Tulsa County Bar Center, Tulsa; Contact: 5:30 p.m.; The Oil Center – West Building, Suite 108W, Deborah Bruce (405) 528-8625 Oklahoma City; RSVP to: Kim Reber (405) 840-3033 OBA Leadership Academy; 8:30 a.m.; Oklahoma OBA Women Helping Women Support Group; 20 Bar Center, Oklahoma City; Contact: Heidi McComb 5:30 p.m.; The Center for Therapeutic Interventions, (405) 416-7027 Suite 510, Tulsa; RSVP to: Kim Reber (405) 840-3033 OBA Leadership Academy; 8:30 a.m.; Oklahoma OBA Bench & Bar Committee Meeting; 12 p.m.; 21 11 Bar Center, Oklahoma City; Contact: Heidi McComb Oklahoma Bar Center, Oklahoma City and OSU Tulsa; (405) 416-7027 Contact: Barbara Swinton (405) 713-7109 OBA Board of Governors Meeting; 9 a.m.; 12 OBA Diversity Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Oklahoma Bar Center, Oklahoma City and Tulsa County John Morris Williams (405) 416-7000 Bar Center, Tulsa; Contact: Jeff Trevillion (405) 778-8000 OBA Lawyers Helping Lawyers Assistance OBA Clients’ Security Fund Committee Program Training; 11 a.m.; Oklahoma Bar Center, Meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma Oklahoma City with teleconference; Contact: City and Tulsa County Bar Center, Tulsa; Contact: Tom Riesen (405) 843-8444 Micheal Salem (405) 366-1234 OBA Rules of Professional Conduct Committee William J. Holloway American Inn of Court; Meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma 5 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: City and Tulsa County Bar Center, Tulsa; Contact: Caroline Larson (405) 609-5322 Paul Middleton (405) 235-7600

2064 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 FOR YOUR INFORMATION

Improvements to Members-Only Good for You, Great for Pets! OBA Website The Pittsburg County Bar Association is pro- Several new improvements have been made moting the humane treatment of animals to my.okbar for our members. Oklahoma and is asking for all OBA members to join lawyers now have the ability to request senior in. The association is hosting its second status online or print a temporary bar card. annual PAWS 5K-9 race Nov. 12 beginning If you are listed on OklahomaFindALawyer, at 7 a.m. at Robbers Cave State Park in you can now list languages you speak so non- southeastern Oklahoma. The race benefits English speakers can easily find you. Oklaho- the Pittsburg and Latimer County PAWS ma law firms should take a look at FirmPay. Organizations. Solo runners can sign up for It’s an easy way to pay all of those bar mem- the bi-ped only 5K, or sign up for the 5K-9 if ber dues at one time. Log on to my.okbar.org you want to bring your four-legged friend to check out the convenient new features. (all humans must be leashed to their dogs). There is also a one-mile (dog optional) fun run/walk. Lodging is available at the Belle Bar Members Attend ABA House Star Lodge, Robbers Cave Cabins, or nearby of Delegates hotels in Wilburton and McAlester. Sign up online at www.tinyurl.com/3edno6w.

OBA Member Reinstatements The following members of the OBA suspend- ed for nonpayment of dues or noncompliance with the Rules for Mandatory Continuing Legal Education have complied with the requirements for reinstatement, and notice is hereby given of such reinstatement: Alan Charles Buckner, OBA No. 17273 14340 Torrey Chase Blvd., Suite 240 Houston, TX 77014 Several Oklahoma lawyers attend the meeting of Christopher M. Cooley, OBA No. 22400 the House of Delegates during the ABA Annual 7776 W. Rogers Blvd. Meeting in Toronto in August. Present were (from Skiatook, OK 74070 left) Joe Crosthwait, Midwest City; Mark Robin- David Hall, OBA No. 3715 son, Tulsa; Roy Tucker, Muskogee; Dwight Smith, 130 Rocky Knoll Dr. Tulsa; OBA President-Elect Cathy Christensen, Stoughton, MA 02072 Oklahoma City; Jimmy Goodman, Oklahoma City; and Judge Jequita Napoli, Norman. Stacie Loraine Nicholson, OBA No. 21067 3725 Red Oaks Drive Norman, OK 73072 OBA Committees Need You! Thirty OBA committees and task forces await new members. No experience required! Volunteer alongside judges and bar members for programs and projects that benefit the association, the public and the legal profession. More information and sign up available at www.okbar.org/members/committees.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2065 BENCH & BAR BRIEFS

The association is the largest ABA’s annual meeting. The professional organization society, founded in 1913, is an devoted exclusively to admin- independent, national, non- istrative adjudication devoted partisan organization of judg- to the executive branch of es, lawyers and other mem- government. bers of the public who seek to improve the justice system. he Rocky Mountain Min- he First Tee of Metropoli- Teral Foundation elected Ttan Oklahoma City has ames Howell is a recipient Oklahoma City lawyer Mark elected Christopher M. Jof the 2011 Western Region- Christiansen as one of its Staine to the board of direc- al Trustee Leadership Award four officers at the 57th Annu- tors for a one-year term. The presented by the Association al Rocky Mountain Mineral First Tee teaches youth ages of Community College Trust- Law Institute in Santa Fe, 5-17 life skills and character ees. He is a former regent and N.M. More than 1,000 energy, education through the game trustee for Rose State College natural resources and envi- of golf. Mr. Staine is an asso- in Midwest City and has long ronmental lawyers and other ciate with Crowe & Dunlevy. been associated with the ori- gin and development of the industry personnel attended ary Dart, division direc- college. He will receive the the three-day conference. tor of Oklahoma Child G award at the association’s Support Services, a division he Metropolitan Library Annual Leadership Congress of Oklahoma DHS, accepted TEndowment Trust has in October in Dallas. named Oklahoma City law- the Outstanding Program yer Courtney Warmington Award for 2011 by the as a trustee. The trust is a National Child Support nonprofit organization that Enforcement Association. provides the general public The division currently over- with a tax-deductible vehicle sees 200,000 cases and utilizes whereby contributions will the services of more than 70 be invested on a permanent attorneys in 42 offices to basis. assist families statewide on matters involving paternity &L Gates LLP announces he Rocky Mountain establishment, child support KSteve Korotash will be TMineral Law Foundation and medical support, and col- joining the firm in its Dallas honored OU College of Law lection of arrearages. Mr. Dart office. Mr. Korotash was Professor Owen L. Anderson received the award at the previously the associate with the Clyde O. Martz NCSEA annual conference director of the Securities and Award for Excellence in in Atlanta in August. Exchange Commission in the Teaching. Professor Anderson Fort Worth Regional Office, elli Stump was recently has taught at OU since 1992, where he supervised the elected to the position of and he is the Eugene Kuntz K SEC’s enforcement activities secretary for the Oklahoma/ Chair in Oil, Gas and Natural in the southwestern United Texas/New Mexico Chapter Resources and director of States. Earlier in his career, he of the American Immigration the John B. Turner LL.M. was an assistant U.S. attorney Lawyers Association. She is Program. in the Western District of an associate at Stump & Asso- Oklahoma, where he focused ary E. Payne, chief ciates in Oklahoma City. on fraud and political corrup- administrative law judge G tion investigations. for the Oklahoma State on B. Comstock was recently elected secretary of the Department of Health has J ulsa lawyer Chad Greer American Judicature Society been chosen to serve on the has joined the Graham at its annual membership T board of directors of the Allen & Brown law firm. He meeting in Toronto, Canada National Association of formerly served as assistant Administrative Law Judiciary. held in conjunction with the

2066 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 U.S. attorney and assistant lege of Law. She received her ously served on the manage- district attorney, earning the Ph.D. in environmental sci- ment committee of a national U.S. Attorney General’s Award ence from OU and her M.A. in trial law firm in Saint Louis for Superior Performance in environmental management where he was responsible for 2004. Since leaving the U.S. from OU Health Sciences Cen- legal operations and partici- Attorney’s Office, he has been ter. Mr. Metcalfe joined the pated in complex civil trials defending criminal cases in firm after he served eight across the country. He has state and federal courts. He years as an assistant Oklaho- also previously served as an earned his B.A. from Southern ma attorney general, where he assistant Oklahoma attorney Methodist University and his served as lead counsel for the general. He is also licensed in J.D. from the TU College of state in numerous high-profile Missouri and Illinois. He may Law in 1995. cases. He graduated first in be reached at (918) 592-7070 his class from OCU School of or [email protected]. he law firm of Holden & Law. He earned his under- Carr announces it has on B. Comstock was T graduate degree from South- promoted Laura L. Eakens appointed by the governor ern Nazarene University, J to managing partner of the of Arkansas to serve as circuit graduating summa cum laude. Oklahoma City office. In judge handling civil and felo- addition, the firm has hired ichael Kiefner, the ny criminal dockets. He was a new partner, William P. MGrand River Dam sworn in July 1 after 18 years Tunell Jr. and an associate Authority’s chief operating as an in-house attorney at attorney, Carson Smith. Ms. officer, was named interim Wal-Mart Stores Inc. He is a Eakens’ practice has been chief executive officer/direc- 1975 graduate of the TU dedicated to general civil liti- tor of investments. He joined College of Law. gation in a variety of areas GRDA to serve as the organi- eeAnn L. Germany has including employment, medi- zation’s general counsel. Prior been named a partner in cal malpractice, commercial to joining the authority, he D the Oklahoma City firm of trucking, products liability served as Oklahoma State Burch & George, and the and railroad. She is a gradu- Senate staff attorney. He is firm’s name will change to ate of the TU College of Law. a graduate of OCU School Burch, George & Germany. Mr. Tunell previously prac- of Law. She has practiced with the ticed in Tulsa and Oklahoma ttorneys Casey Davis firm since 1998, and has rep- City, concentrating on com- and Erik Johnson have resented hundreds of clients mercial transactions, public A established a law firm head- during that time. She is a utility regulation, Oklahoma quartered in Miami with 1998 graduate of the OU Corporation Commission additional offices in Tulsa and College of Law. practice and personal injury Oklahoma City. The firm will defense. He earned both his be known as Johnson & Davis J.D. and MBA from Notre and will serve new and exist- Dame in 1996. Mr. Smith has ing clients throughout north- practiced insurance defense. east Oklahoma. The Tulsa He attended the OU College office will be headed by Wes of Law as a William Comfort Johnson, and Don Davis Scholar, graduating with dis- will head the Oklahoma tinction in May 2008. He also City office. The law firm holds an M.A. in English can be located online at literature from Southern klahoma Supreme Court www.erikjohnsonlaw.com. Methodist University. OChief Justice Steven W. ames F. Kelly recently Taylor addressed students at ableGotwals announced joined Stauffer & Nathan the OU College of Law in Alicia J. Edwards and J G PC in the firm’s Tulsa and August. His visit to the col- Greg T. Metcalfe have joined Kansas City offices. His lege was part of the Student the firm. Ms. Edwards’ prac- practice will concentrate Bar Association’s leadership tice areas include environ- on complex civil litigation, summit, designed for student mental law and intellectual commercial litigation, class leaders to plan the year, tack- property. She graduated with actions, and state and federal le various challenges and col- highest honors from TU Col- appellate practice. He previ- laborate on projects. Chief

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2067 Justice Taylor discussed pub- ing meetings. If you are an ments (Oklahoma-based lic service and the importance OBA member and you’ve publications are the excep- of lawyers engaging in the moved, become a partner, tion.) Information selected for community. hired an associate, taken on publication is printed at no a partner, received a promo- cost, subject to editing, and .S. Administrative Law tion or an award, or given a printed as space permits. Judge Kim D. Parrish U talk or speech with statewide will serve as an instructor for Submit news items via email to: or national stature, we’d like newly hired Social Security Lori Rasmussen to hear from you. Sections, ALJs during training sessions Communications Dept. committees, and county bar in August and September in Oklahoma Bar Association associations are encouraged Falls Church, VA. (405) 416-7017 to submit short stories about [email protected] How to place an announce- upcoming or recent activities. Articles for the Oct. 8 issue Oklahoma Bar Honors bestowed by other ment: The must be received by Sept. 12. Journal welcomes short publications (e.g., Super Law- articles or news items about yers, Best Lawyers, etc.) will OBA members and upcom- not be accepted as announce-

Oklahoma Bar Journal Editorial Calendar

n November: nD ecember: 2011 Military Law Ethics & Professional n October: Editor: Dietmar Caudle Responsibility Labor and [email protected] Editor: Melissa DeLacerda Employment Law Deadline: Aug. 1, 2011 [email protected] Editor: January J. Windrix Deadline: Aug. 1, 2011 [email protected] Deadline: May 1, 2011 If you would like to write an article on these topics, contact the editor.

2068 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 IN MEMORIAM

homas Fuller Golden private practice in Tulsa. He spanned 28 years, earning Tdied on Aug. 12. He was was also a prosecutor in Tulsa numerous service medals born on May 24, 1942, in New County and an assistant city and awards including the Orleans, and graduated from attorney in Tulsa. He was Bronze Star. After retirement, Tulsa’s Edison High School in elected judge for the 12th he attended OCU School of 1960. After attending the Uni- Judicial District, comprised Law where he graduated in versity of Wyoming and art of Rogers, Craig and Mayes 1996. He practiced law in school in Milan, Italy, he counties, in 1990, serving in Oklahoma for seven years received his B.S. in economics that role until his retirement before moving to Smyrna, from OSU in 1966 and his J.D. in September 2008. He was a Ga., to practice with his from the TU School of Law in lifelong member of the First daughter. He enjoyed playing 1968. He began clerking with Church of Christ, Scientist, golf and bridge and was an the law firm now known as Vinita, and he was a member active member of St. Thomas Hall, Estill, Hardwick, Gable, of Rotary in Pryor. Memorial the Apostle Catholic Church. Golden & Nelson in 1967, contributions may be made to Memorial contributions may ultimately retiring from the either the OSU Foundation be made to Our Lady of Per- firm as partner in 2004. He c/o The Judge James D. petual Help Home of Atlanta. represented the Williams Com- Goodpaster Endowment obert M. “Bob” Jernigan pany as an international pipe- Fund or the Goodpaster of Oklahoma City died line negotiator and spent his Memorial Scholarship c/o R Aug. 17. He was born in time on the Trans Alaska the Vinita Public Schools Oklahoma City Sept. 28, 1935, Pipeline System as well as Educational Foundation. and graduated from Enid on pipeline projects in South aul Bryan Harmon High School in 1953. He America and the Middle East. of served in the U.S. Army. He He served on the boards of PTulsa died Aug. 13. He completed his undergraduate numerous arts and civic orga- was born on June 16, 1967, in degree at OU, and was soon nizations and was a member Tulsa and graduated from well known for playing “Cap- of Boston Avenue United Holland Hall High School in tain Ben” on a children’s tele- Methodist Church. He also 1985. He received his J.D. vision show in Tulsa. He enjoyed golf, traveling and from TU College of Law in earned a J.D. from the OU spending time with family and 1992. He was admitted to College of Law in 1967. He friends. Memorial contribu- practice before the U.S. Dis- had a legal career in general tions may be made to the Tulsa trict Court for the Western practice with an emphasis in Ballet or the Thomas F. Golden District of Oklahoma in 1992. municipal and telecommuni- TU Law Scholarship Fund. Memorial contributions may be made to St. Francis cations law and served as city etired District Judge Hospice of Tulsa. attorney for both Warr Acres James D. Goodpaster and Newcastle. He also R ichael W. Hovastak died Aug. 20. He was born served as municipal judge in Sept. 22, 1940 and was a grad- Mdied June 21. He was Bethany. He was an avid col- uate of OSU. During the born in Passaic, N.J., on April lector of stamps and WWII 1960s, he worked as a bailiff 23, 1943. He received his B.S. memorabilia, and he had a in Tulsa County District in chemistry from Fairleigh passion for history and gene- He was Court by day and attended Dickinson University. alogy. Memorial contributions commissioned in the U.S. the TU College of Law at may be made to All Souls’ Air Force as a second lieu- night. In 1969 he became a Episcopal Church or Sigma tenant in 1965, embarking special district judge in Tulsa Phi Epsilon-Educational on a military career that County, and spent 20 years in Foundation.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2069 CLASSIFIED ADS

SERVICES SERVICES

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 — ACFE FBI National Academy Consulting Arborist, tree valuations, diagnoses,

forensics, hazardous tree assessments, expert witness, Arthur D. Linville (405) 636-1522 depositions, reports, tree inventories, DNA/soil test- ing, construction damage. Bill Long, ISA Certified Ar- INTERESTED IN PURCHASING PRODUCING & borist, #SO-1123, OSU Horticulture Alumnus, All of NON-PRODUCING Minerals; ORRI; O & G Interests. Oklahoma and beyond, (405) 996-0411. Please contact: Patrick Cowan, CPL, CSW Corporation, P.O. Box 21655, Oklahoma City, OK 73156-1655; (405) 755-7200; Fax (405) 755-5555; E-mail: [email protected]. OFFICE SHARE

OF COUNSEL LEGAL RESOURCES — SINCE 1992 — OFFICE SHARE FOR RENT: JENKS, OK. Fully fur- Exclusive research & writing. Highest quality: trial and nished, access to conference room, receptionist. Free appellate, state and federal, admitted and practiced parking, one-story building in new office park with U.S. Supreme Court. Over 20 published opinions with three established attorneys. Two spaces available, $800 numerous reversals on certiorari. MaryGaye LeBoeuf and $700 per month. Contact [email protected]. (405) 728-9925, [email protected]. POSITIONS AVAILABLE EXPERT WITNESSES • ECONOMICS • VOCATIONAL • MEDICAL Fitzgerald Economic and Business Consulting ASSOCIATE ATTORNEY POSITION. The Cheek Law Economic Damages, Lost Profits, Analysis, Business/ Firm PLLC, an AV-rated, downtown Oklahoma City Pension Valuations, Employment, Discrimination, civil litigation firm, has an immediate position avail- Divorce, Wrongful Discharge, Vocational Assessment, able for an associate attorney with 0-5 years experience. Life Care Plans, Medical Records Review, Oil and Gas A qualified candidate must have a strong work ethic Law and Damages. National, Experience. Call Patrick and solid research and writing skills. Salary is com- Fitzgerald. (405) 919-2312. mensurate with experience. Please send resume, references, writing sample and law school transcript to Appeals and litigation support [email protected]. Expert research and writing by a veteran generalist who thrives on variety. Virtually any subject or any Oklahoma County Government type of project, large or small. NANCY K. ANDER- DISTRICT 3 DEPUTY SON, (405) 682-9554, [email protected]. COUNTY COMMISSIONER Creative. Clear. Concise. www.oklahomacounty.org BUSINESS VALUATIONS: Marital Dissolution * Es- (EOE) tate, Gift and Income Tax * Family Limited Partner- ships * Buy-Sell Agreements * Mergers, Acquisitions, MILLER DOLLARHIDE, AV-RATED, DOWNTOWN Reorganization and Bankruptcy * SBA/Bank required. OKC FIRM, seeks associate with 3 – 5 years experi- Dual Certified by NACVA and IBA, experienced, reli- ence in civil litigation. Courtroom experience, depo- able, established in 1982. Travel engagements accepted. sition experience and excellent research and writing Connally & Associates PC (918) 743-8181 or bconnally@ skills essential. Salary and incentives commensurate connallypc.com. with experience. Health insurance and other benefits RESIDENTIAL APPRAISALS AND EXPERT TESTI- included. Send resume, transcript and writing sample MONY in OKC metro area. Over 30 years experience to [email protected]. and active OBA member since 1981. Contact: Dennis P. ASSOCIATE WITH 4-8 YEARS CIVIL DEFENSE Hudacky, SRA, P.O. Box 21436, Oklahoma City, OK litigation experience needed by AV-rated Tulsa firm. 73156, (405) 848-9339. Insurance defense or railroad litigation a plus. Very busy, fast-paced office offering competitive salary, TRAFFIC ACCIDENT RECONSTRUCTION health/life insurance, 401k, etc. Send resume and INVESTIGATION • ANALYSIS • EVALUATION • TESTIMONY writing sample (10 pg. max) in confidence via email to 25 Years in business with over 20,000 cases. Experienced in [email protected]. automobile, truck, railroad, motorcycle, and construction zone accidents for plaintiffs or defendants. OKC Police Dept. 22 years. Investigator or supervisor of more than 16,000 accidents. Jim G. Jackson & Associates Edmond, OK (405) 348-7930

2070 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011 POSITIONS AVAILABLE POSITIONS AVAILABLE

JOB TITLE: ENVIRONMENTAL ATTORNEY: Respon- THE OKLAHOMA CORPORATION COMMISSION sibilities – This senior position is responsible for pro- has an opening for an attorney position in the office of viding professional environmental, health and safety general counsel in the transportation section. This is a legal services. Duties include performing research and non-classified position with a salary of $57,440 annual- analysis of laws and regulations, drafting legal docu- ly. Applicants must be admitted to the bar and have 2 ments and memoranda, representing the Company in years of practice in any of the following areas: adminis- state and federal administrative proceedings including trative, general or transportation regulation including 1 enforcement and permitting proceedings, responding year of litigation. Send resume and writing sample to: to inquiries on legal issues providing extensive client Oklahoma Corporation Commission, Human Resourc- counseling, managing outside counsel activities and es Division, P.O. Box 52000, Oklahoma City, Oklahoma, maintaining expertise in environmental, health and 73152-2000. For inquiries, contact Lori Mize at (405) 522- safety law all in a timely and cost effective manner. 0260 or at [email protected]. Deadline: Sept. 9, 2011. Qualifications – The successful candidate for this posi- LITIGATION LAW FIRM (civil, probate and domestic tion must have excellent written, verbal and interper- relations) seeks Oklahoma licensed attorney with 0-3 sonal communication skills and possess a minimum of years experience. Contract labor position with goal of 8 years of experience practicing as a full-time multi- full-time employee and then shareholder. Practice in- jurisdictional environmental, health and safety attor- volves Oklahoma County and western Oklahoma ney. Energy industry and air regulatory experience counties, ideal for attorney residing in Yukon vicinity is strongly desired. Such experience should include or west. Must be self disciplined and goal oriented. Re- provision of regulatory compliance counseling apply- quirements: Top 60% of graduating class, excellent re- ing in-depth understanding of relevant statutory pro- search and writing skills. Interested applicants must grams including Clean Air Act, Clean Water Act, RCRA, forward cover letter, resume, transcript and writing CERCLA, EPCRA, and OSHA, DOT and state environ- sample to “Box Q,” Oklahoma Bar Association, P.O. mental, health and safety laws. Williams Corporation Box 53036, Oklahoma City, OK 73152. will pay relocation costs for this position. Apply at www.williams.com. ENVIRONMENTAL ATTORNEY – ONEOK INC., a di- versified energy company, is seeking a well-qualified LEGAL ASSISTANT/RECEPTIONIST: This position re- environmental attorney for its Tulsa office. Required ports directly to the office manager. Responsibilities: qualifications include a minimum 5 years of full-time Small plaintiff’s firm in Edmond, Oklahoma, seeks legal practice handling complex multi-jurisdictional highly-motivated, extremely organized and punctual environmental issues, including water, air and waste, legal assistant/receptionist to answer every incoming with a primary emphasis on permitting, compliance, telephone call; screen each caller, promptly route them enforcement and remediation. Experience with OSHA, per instruction; greet guests; process incoming and out- DOT and state health and safety laws is a plus, and going mail; provide back-up support to litigation attor- experience in the natural gas industry is desired. Please neys including preparation and proofreading of docu- submit cover letter, resume and salary requirements ments and correspondence; file management including to ONEOK at www.theonetoworkfor.com, posting opening files for new clients and/or cases via computer, number IRC43343. based on the policies and procedures established; time reporting, billing support; knowledge of TrialWorks® or FULL-TIME POSITION AS ASSOCIATE ATTORNEY similar litigation software helpful. This position assists for law firm providing services for major legal plan. with managing staff, initial IT support and liaison with Requires excellent telephone manner and people skills, IT and other vendors, control of office expenses, office must be fluent in Spanish, and have broad knowledge inventory and facilities management. Candidate will of the law with at least two years experience. Great op- contribute to the overall success of the firm as an active portunity for attorneys who want to keep active while and contributing member of the administrative profes- parenting or approaching retirement. Those with inde- sionals’ team. Education: Associate’s degree or com- pendent practices need not apply. Send resumes to Hu- mensurate work experience. Experience: Candidate man Resources Dept. P.O. Box 1046, Tulsa, OK 74101. should have a minimum of 3 years previous experience in legal support/admin. Salary: Negotiable. Applica- tion: Please email a resume, cover letter and references POSITIONS WANTED to [email protected]. FORMER LICENSED ATTORNEY WITH OVER 30 YEARS civil practice experience seeks position with law firm or corporation. Contact Jim Golden at [email protected] or (405) 209-0110.

Vol. 82 — No. 23 — 9/3/2011 The Oklahoma Bar Journal 2071 THE BACK PAGE I’m Glad the Dog Doesn’t Pee on the Carpet Much By Margaret Travis

Recently we began foster- I successfully cleaned the floor. Spots on the carpet are ing Labradors from the Lab spot where Mallard had his like that at my house. They Rescue. You know, take the accident. just appear. No one knows dog from the shelter or While I was on the floor how they got there, what boarding kennel, bring it into with all these cleaning sup- they are or why someone a nice, normal household (or plies, I decided to tackle the didn’t try to clean them as normal as my house ever spot by my son’s bed where up until before they become gets) love it, make sure it is he had taken my concealer a permanent part of the nice, see what its bad habits (sometimes the boy shows carpet fibers. are and then adopt it out to an unhealthy interest in my Suddenly instead of one some nice family who needs makeup) and one of my pow- small wet spot on my carpet a good dog. It’s rewarding, der brushes and decided to I had four or five — all though the downside is get- paint everything he owned because the dog peed on ting attached to the dog and with concealer. the floor in one room. then having to give it to And while I was on someone else. the floor I decided the Recently we got a baseboards and door new foster, our last one jams needed cleaning. having successfully been Because, you know, you adopted. Mallard, the just don’t notice how new foster lab, was a lit- dirty those baseboards tle nervous and had an are unless you are on the accident in my son’s floor cleaning a spot. doorway. Not a bad So off to my cleaning place to have an acci- cabinet for more sup- dent, ‘cause if any place plies, I brought forth my in my house is going Magic Eraser and anoth- to smell funny, it’s er bucket of warm water and his room. I had a little less success began wiping down the base- So I got out the towels, the with that spot, but undaunt- boards and the door trim. bucket of warm water, the ed I moved to the spot in That’s how I found myself Oxy Clean, the scrub brush my daughter’s room where on my hands and knees at and the vinegar. Towels to it appeared she had spilled 10:30 on a weeknight with mop up the pee. Oxy Clean juice, then thrown dirty wrinkled fingers and a sore to clean the spot. Scrub brush clothes on top of it to cover back cleaning the baseboards. to rub in the Oxy Clean. Vin- it up until it was perma- And when I looked at all I egar to spray on the spot to nently set. had done, I was glad the dog neutralize the smell and, Better success with the doesn’t pee on the floor very hopefully, keep the dog from juice than with the concealer, much. deciding my son’s room was I decided to tackle the spot in Ms. Travis practices in Okla- his own personal toilet. my room where God knows homa City. what had been spilled on the

2072 The Oklahoma Bar Journal Vol. 82 — No. 23 — 9/3/2011

Annual Meeting Hyatt Regency H Tulsa Big Name Speakers H Ssgt Matt Eversmann Real-Life Black Hawk Down Hero H Andrew Card Sept

Annual Meeting Hyatt Regency H Tulsa Big Name Speakers H Ssgt Matt Eversmann Real-Life Black Hawk Down Hero H Andrew Card Sept