ALSO INSIDE: Sovereignty Symposium Highlights Board of Governors Vacancies • Oklahoma Tax Legislation

Volume 90 — No. 6 — August 2019

Access to Justice

contents August 2019 • Vol. 90 • No. 6

THEME: Access to Justice Editors: Melissa DeLacerda & Jim Calloway FEATURES PLUS 6 The Work of the Oklahoma Access 38 Taxation Law Section Note: to Justice Commission 2019 Oklahoma Tax Legislation By M. David Riggs By Sheppard F. Miers Jr. 10 The Oklahoma County Courthouse 44 OBA Nominating Petitions and Access Clinic Board of Governors Vacancies By Sara Murphy Bondurant 45 Photo Highlights: Sovereignty 16 Certified Courtroom Interpreters Symposium XXXII By Debra Charles 22 Addressing the Court Reporter Crisis in Oklahoma By Shelley Phillips and Debra Charles 26 Using Online Dispute Resolution to Expand Access to Justice By Colin Rule 30 Tips on Delivering Limited Scope Legal Services By Jim Calloway 34 The Crushing Reality of Why We Need Plain Language Pro Se Court Forms By Elizabeth Govig

DEPARTMENTS PAGE 38 - Oklahoma Tax Legislation 4 From the President 48 From the Executive Director 50 Law Practice Tips 55 Ethics & Professional Responsibility 58 Board of Governors Actions 66 Oklahoma Bar Foundation News 71 Young Lawyers Division 74 For Your Information 77 Bench and Bar Briefs 80 In Memoriam 82 Editorial Calendar 83 What’s Online 88 The Back Page PAGE 45 – Photo Highlights: Sovereignty Symposium XXXII From The President Leave a Legacy By Charles W. Chesnut

PERSON WHOM I RESPECTED GREATLY when those who choose to represent themselves, A I was growing up was a man in town who was very court costs and filing fees can be a barrier to well to do, but you would never have known it by his life- obtaining justice. It can also be difficult to style. He lived modestly, was rock solid in character, had a find information on simple procedural issues, self-effacing sense of humor and was exceedingly generous like when and where to file a lawsuit and in his giving to his community, his church and people in what rights you have in court. need. He never talked about his giving, but later you could There are many ways to participate in sometimes spot his tracks. Most importantly, he always increasing access to justice. Some attor- gave sage advice. (Side note: On his bucket list, he told me neys choose to provide pro bono legal ser- he had always wanted to fly in the cockpit of a jet plane, vices while others feel that working low ride in a locomotive with an engineer of a train and ride in bono (providing services at a low hourly the cab of a semitrailer. The only one he didn’t get to do rate) is right for them. was ride in the semitrailer. Aren’t people interesting?) Nonlitigators can contribute by helping He told me once that he didn’t understand why individuals through an administrative people, when they wanted to do good works, didn’t do law maze, drafting simple legal docu- them in their field of training. He thought people could ments, just giving some quality legal accomplish the most good if they stuck to helping others advice or contributing to legal aid. through areas in which they were specially trained. In Oklahoma, we have “Free Legal I think that most of us enjoy reaching out and aiding oth- Answers,” which is an easy and convenient ers in need. It makes us feel good about ourselves and can way to provide legal advice to those seeking be a huge help to others who really need the assistance. answers to legal questions and issues.1 If we adhere to my friend’s philosophy, then as attorneys, we Talk about leaving a legacy. The people can accomplish the most productive results by helping someone you help will never forget you. Your time and resolve a legal issue that requires an attorney’s legal skills. talent will have solved a problem for them We are all familiar with the term “access to justice.” It that they could never have solved on their describes the ability of any person, regardless of income, own. Often, it really is not that difficult of an to use the legal system to advocate issue to solve; it just takes a little of your time for themselves and their interests. and effort. It also sows good seed. It provides a means of leveling the If each of us tried to do just one legal playing field so that everyone can have task a year for someone who could use our their voice heard, exercise their rights, assistance but cannot afford it, think about challenge discrimination or hold deci- all of the good deeds you could look back sion-makers accountable. While the civil on in the course of your legal career. The legal system can be a powerful tool for cumulative effect of thousands of us doing remedying wrongs, it is also extremely that would be immense. complex and can be difficult to navigate I encourage you to resolve to provide without the help of a trained attorney. a legal service at least once each year for For those unable to afford an attorney, someone in need at no or low charge. It will access to the court system and the build a better you, a better society and a justice it can provide are limited. better bar association. President Chesnut practices in Miami. Lack of access to an attorney is not [email protected] the only access to justice issue facing ENDNOTE 918-542-1845 1. To access Free Legal Answers, go to oklahoma. low-income individuals and families. For freelegalanswers.org.

4 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2019 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 90 — No. 6 — August 2019 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair content of their ads, and the OBA reserves Editor-in-Chief the right to edit or reject any advertising copy [email protected] LUKE ADAMS, Clinton for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita MACKENZIE SCHEER Advertising Manager PATRICIA A. FLANAGAN, Yukon BAR CENTER STAFF [email protected] John Morris Williams, Executive Director; AMANDA GRANT, Spiro Gina L. Hendryx, General Counsel; Joe LAURA STONE Balkenbush, Ethics Counsel; Jim Calloway, Communications Specialist VIRGINIA D. HENSON, Norman Director of Management Assistance Program; [email protected] Craig D. Combs, Director of Administration; C. SCOTT JONES, Oklahoma City LAURA WOLF Susan Damron, Director of Educational Communications Specialist SHANNON L. PRESCOTT, Okmulgee Programs; Beverly Petry Lewis, Administrator [email protected] MCLE Commission; Carol A. Manning, LESLIE TAYLOR, Ada Director of Communications; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS &

Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Melody Claridge, Cheryl CHARLES W. CHESNUT, President, Miami; Corey, Nickie Day, Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Suzi Hendrix, Debra Jenkins, Rhonda President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Langley, Jamie Lane, Durrel Lattimore, President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Renee Montgomery, Whitney Mosby, Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Tracy Sanders, Mackenzie Scheer, Mark Ponca City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Schneidewent, Laura Stone, Krystal Willis, Norman; DAVID T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Laura Willis, Laura Wolf & Roberta Yarbrough Oklahoma City; JIMMY D. OLIVER, Stillwater; MILES T. PRINGLE, Oklahoma City; BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Oklahoma Bar Association 405-416-7000 Toll Free 800-522-8065 Tulsa; BRANDI NOWAKOWSKI, Shawnee, Chairperson, OBA FAX 405-416-7001 Young Lawyers Division Continuing Legal Education 405-416-7029 Ethics Counsel 405-416-7055 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, General Counsel 405-416-7007 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid Mgmt. Assistance Program 405-416-7008 at Oklahoma City, Okla. and at additional mailing offices. Mandatory CLE 405-416-7009 Board of Bar Examiners 405-416-7075 Subscriptions $60 per year that includes the Oklahoma Bar Journal Oklahoma Bar Foundation 405-416-7070 Court Issue supplement delivered electronically semimonthly. Law students registered with the OBA and senior members may subscribe for $30; all active members included in dues. Single copies: $3

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THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 5

Access to Justice The Work of the Oklahoma Access to Justice Commission By M. David Riggs

“EQUAL JUSTICE UNDER LAW.” This inspiring phrase is displayed on our United States Supreme Court building and is a promise which runs throughout our Constitution and other documents and writings of our founders. Historically, our American system of justice has been viewed as a leading model of fairness and efficiency. With rare exceptions, our courts have been remarkably free of outside influence and corruption. Our founding fathers strove to create an independent judiciary and the principal of equal justice under law, but is it a promise we have kept?

Major barriers to truly equal impairment, hearing loss or establishing the commission, the civil justice have fallen, but only cognitive challenges are disadvan- court stated that due to “inad- recently have those remaining taged trying to navigate the legal equate funding and uncoordi- barriers begun to get the atten- system – as are those who are not nated efforts … many low-income tion they deserve. What are those proficient in English. Our court Oklahomans are unable to receive remaining barriers? To start with, system, with relatively few simple full representation on civil legal we must acknowledge the inher- forms and unusually complicated matters.” The court said the com- ent unfairness of an adversarial procedures, is often not seen as mission was created “to serve as system designed to find the truth “user friendly.” This is particularly the umbrella agency for all efforts where one side is represented acute in Oklahoma. to expand access to justice in civil by skilled legal counsel and the The National Center for Access matters in Oklahoma.” other is not. Today, as many as to Justice is a nonpartisan law and The court appointed seven vot- 70 percent of civil cases filed involve policy organization created to ing members to the commission, disputes where one side, sometimes develop a response to this growing provided for the attorney general both, cannot afford a lawyer. Most problem. It created the Justice Index to be an exofficio member, and for of these cases involve and affect which ranks the various states the governor, speaker of the House basic human needs such as child with respect to access to justice. and president pro-tempore of the welfare and child protection, home Oklahoma has not fared well in Senate each to appoint a nonvoting foreclosures, debt collection, wage this Justice Index, ranking 50th when member of the commission. garnishments, repossessions, preda- it was first created six years ago. The commission meets regularly tory lending and so forth. and has undertaken several major We lawyers have learned to OKLAHOMA ACCESS TO initiatives to address the problems navigate our courts, but for the JUSTICE COMMISSION which caused Oklahoma to be uninitiated, courthouses often In response, our Oklahoma ranked so poorly in access to justice. are frightening and confusing Supreme Court established the Some of the more notable steps places, especially if your family Oklahoma Access to Justice taken by the commission to improve or your home is at risk. People Commission (commission) on access to justice in Oklahoma with disabilities such as vision March 13, 2014. In its order include: 1) implementing a

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 7 statewide needs assessment survey OKLAHOMA LAWYERS 2) You can donate your time by to measure and better define the CAN HELP IMPROVE answering legal questions greatest needs of Oklahoma’s ACCESS TO JUSTICE for needy Oklahomans. unrepresented litigants; 2) launch- There are many ways you, as OklahomaFreeLegal ing OklahomaFreeLegalAnswers. an Oklahoma lawyer, can help the Answers.org provides org, a statewide interactive website commission in its work and help a unique opportunity – empowering volunteer lawyers your fellow citizens. Oklahoma lawyers can to provide essential legal infor- register with the site to mation to needy Oklahomans; 1) You can provide finan- anonymously answer simple 3) facilitating a change in court cial support. The newly legal questions from fellow rules (District Court Rule 33) allow- created Access to Justice Oklahomans. Just click ing lawyers to provide limited Foundation can receive the “Volunteer Attorney scope services to clients who would tax-deductible financial Registration” tab. It is a rela- otherwise be unrepresented alto- contributions to improve tively simple way to donate gether; 4) preparing and securing access to justice. The your time on a limited basis. adoption of licensed legal intern commission has no fund- You decide which questions rule changes to facilitate greater ing sources other than you want to answer – participation in the program; voluntary contributions by nothing is assigned to you. 5) assisting in securing funding people and organizations You provide these answers for certification and training of who share the commis- only when your schedule qualified courtroom interpreters; sion’s commitment to equal permits. The more volun- 6) facilitating our first Oklahoma justice. The commission’s teers we have, the more our Access to Justice Summit, an event website okaccesstojustice. volunteer time commitment which inspired and informed org has a link to the founda- is shared. many Oklahoma lawyers; and tion’s online donation page. 3) Volunteer to serve on the 7) supporting and assisting Legal All lawyers who work in Oklahoma Bar Association Aid Services of Oklahoma in its our justice system should Access to Justice Committee. development of a single portal be willing to financially This committee often does triage website for Oklahomans support the work of the research or legwork to assist facing legal challenges. commission. You may soon the commission with its Because the court has focused receive a letter from the projects. It can also make the attention of many of Oklahoma’s Access to Justice Foundation recommendations to the lawyers and judges on the access asking for your financial OBA Board of Governors. to justice challenge, and because of support. Please do what you In 2018, this committee was steps taken by the Access to Justice can individually and urge awarded the OBA Golden Commission to address the prob- your firm to give priority to Gavel Award, which is pre- lem, the most recent Justice Index the access to justice cause in sented to an OBA committee now ranks Oklahoma 42nd in the its charitable giving. or section performing with a nation – but more work remains. high degree of excellence.

OklahomaFreeLegalAnswers.org provides a unique opportunity – Oklahoma lawyers can register with the site to anonymously answer simple legal questions from fellow Oklahomans.

8 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL 4) Share information. Not 6) Volunteer your services. Commission has opened my eyes every lawyer you know Lawyers have a rich tradi- to the improvements that must will take the time to read tion of pro bono support be made before all of our citizens this article. You can engage representing the needy. If may truly have access to “Equal them to improve their you do not know the best Justice Under Law.” Please join the awareness of our state’s way to determine who effort we should all make to meet challenges and access to is deserving, Legal Aid this challenge. justice ranking. The OBA Services of Oklahoma will Management Assistance pre-screen individuals Program will provide a for you. The Oklahoma ABOUT THE AUTHOR speaker for a limited scope Lawyers for America’s David Riggs is the senior partner service CLE program for Heroes Program is always of Riggs, Abney, Neal, Turpen, your county bar association. looking for volunteers to Orbison & Lewis, which has offices 5) Act locally. A county bar assist those who have hon- in Tulsa, Oklahoma City and Denver. association may be able to orably served this country He was appointed to the Access work with county officials and cannot afford to hire an to Justice Commission by the on minor improvements attorney. Sign up to volun- Supreme Court when it established that make a huge difference teer at okbarheroes.org. the commission in 2014 and was when a citizen enters an chosen to serve as its first chair. imposing courthouse for CONCLUSION the first time and is con- I am proud to be an Oklahoma fused about where to go. lawyer. I know many of our law- We are starting to experi- yers already donate a lot of their ment with volunteer court- time to assisting the underserved. house navigators as one Serving as the first chairman of possible solution. the Oklahoma Access to Justice

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 9 Access to Justice The Oklahoma County Courthouse Access Clinic By Sara Murphy Bondurant

10 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL S THE DIRECTOR OF THE OKLAHOMA COUNTY COURTHOUSE ACCESS CLINIC, AI routinely witness the desperation of people walking the halls seeking legal help. It is common for a pro se litigant to wander the courthouse hallways asking for help from anyone that “looks” like a lawyer. These brave souls go from clerks and bailiffs to the law library trying to solicit any legal advice while being turned away with only a packet of paperwork often with outdated instructions. If the litigant even makes it to the courtroom, more often than not they leave with no resolution to their matter.

After arguments and pleas of As a legal community, we have a A commonplace solution has the litigants for the judge to alter responsibility to ensure access to been to provide limited legal the legal requirements of which the courts to litigants like these. assistance through not-for-profit they do not understand, judges We can and should do better.1 programs such as Legal Aid.4 These often provide the time-honored programs have become the primary request – “hire a lawyer.” Most CHALLENGES WITH CIVIL source of services to aid in the often, as attorneys, we think ACCESS TO JUSTICE service gap to the poor. However, this is the obvious answer – for these pro bono clinics have barely the pro se to hire a lawyer. This In the United States scratched the surface in the unmet assumption that a litigant refused Before discussing the pro se need for legal services among the or forgot to hire a lawyer and now clinic, some context is necessary. poor. The gap is consistently grow- can quickly remedy this error is The United States has one of the ing, and clinics are unable to meet an apparent oversight to the much highest numbers of lawyers per the needs of the poor. Legal Services larger problem they are facing. capita in the world, yet in 2019 it Corporation published studies in The majority of these litigants ranked 99 of 126 countries in the 2005 and 2009 finding over 50 percent either cannot afford an attorney or category of providing accessible of individuals requesting legal aid cannot wait months for a pro bono and affordable civil access to the services did not receive aid due to volunteer attorney. Their matters judicial system.2 In the measure insufficient resources.5 In 2016, are urgent and life-altering. They of countries, the United States the number rose to 86 percent with are so desperate for help that they has fallen 30 spots since its 2015 71 percent of low-income house- are willing to attempt navigation ranking in this category.3 Not only holds experiencing at least one civil of a system designed for them to is the court system designed to be legal issue that year.6 fail. Once they do fail, the message inaccessible and unaffordable to of inequality sent to these litigants the average low income individ- In Oklahoma makes them frustrated, angry ual, but a lack of education exists Oklahoma has mostly the same and disillusioned with our legal among the underserved popula- challenges with civil access to system. The judicial system is full tions which would create a rem- justice as the other states across of barriers which disproportion- edy to the legal services gap. the nation. Yet, Oklahoma has ately harm those without means. been slow to tackle the issues due

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 11 to lack of funding. The Oklahoma The distinction between other services, pro bono programs and Supreme Court has taken a keen legal aid clinics and OCCAC is that technical tools to assist individuals and timely interest in civil access to OCCAC is permanently housed unrepresented by legal counsel. justice. In a 1990 landmark case for inside the courthouse where clients In its first three months of provid- Oklahoma,7 the court indicated that have daily, immediate access to ing services, OCCAC volunteers the Oklahoma Constitution affords attorneys and law student volun- assisted 114 families.15 due process to indigent individuals teers on a first-come, first-served in civil litigation matters. basis. Attorney and law student Income Qualifications Twenty-four years later in 2014, volunteers have assembled to com- Initially, the OCCAC clinic did the Oklahoma Supreme Court bat a growing gridlock occurring not have rigid income qualifica- established the Oklahoma Access in the probate and guardianship tion requirements for adult and to Justice Commission that was docket. Due to complexities in the minor guardianship clients.16 The designed to develop and imple- law such as the requirement for board’s reason was that if the pro ment policies to expand civil legal three separate background checks se litigant was already attempting services to low-income individu- for adult members of a household to navigate the courthouse with- als. A commission website8 was for a minor guardianship proceed- out representation, legal advice developed which provides infor- ing13 or the Department of Human from a clinician would streamline mation on legal aid in Oklahoma. Services (DHS) referral of fami- the process and allow for less con- The mission of the commission lies to obtain a guardianship in gestion in the courtroom. During is to study successful clinics order to divert children from DHS the first months of the clinic, it across the country and implement custody, pro se litigants are often became apparent while mostly uti- effective programs in Oklahoma.9 confused and unprepared for their lized by client’s without means to Primarily, the commission is seek- hearing dates. To complicate this retain an attorney, the occasional ing programs that use inactive, situation further, with online and prospect attempted to circumvent retired or attorneys licensed in dif- paralegal services, pro se litigants the need to hire an attorney while ferent states to serve as pro bono are given a false sense of the “user having the means to do so. The attorneys.10 The significant chal- friendliness” of the legal system. OCCAC board determined that an lenges for Oklahoma for access to OCCAC’s purpose is to ensure income requirement was neces- justice are lack of resources and civil access to Oklahoma County sary for all aspects of the clinic lack of qualified volunteers. residents and those with current in order to preserve the delicate cases in the Oklahoma County balance between pro se assistance THE CLINIC District Court involving minor and and the attorney franchise. To combat these challenges adult guardianships and probates. and complexities of navigating the Attorneys and law students who Court Advisor Program courthouse, attorneys in Oklahoma participate in the pro se clinic are If a client is unrepresented in an County created the Oklahoma given an instructional manual uncontested matter and in need of County Courthouse Access Clinic created by OCCAC. The manual legal guidance in an adult guard- (OCCAC)11 on Feb. 1, 2019. OCCAC includes detailed instructions con- ianship, minor guardianship or pro- is the first of its kind incubator cerning pro se filing requirements bate matter in Oklahoma County, he project in the largest county in for adult guardianship, minor or she may seek the assistance of a Oklahoma. The legal volunteers guardianship and probate matters.14 court advisor housed in the court- assist with minor guardianships, The clinic utilizes multiple house.17 Attorneys with experience adult guardianships and probates.12 resources including self-help in these areas are available during a three-hour shift. Most attorneys volunteer one or two shifts per month in order to limit volunteer fatigue rates. The attorney answers questions, assists with pleadings, provides legal advice, and may even appear pro bono on behalf of the individual. The attorney volunteer has complete discretion regarding courtroom appearance when the attorney deems the appearance

12 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL appropriate. Each of the attorney to each party not meeting the represents herself or himself in all volunteers is provided training with accounting requirements required other aspects but can receive legal the possibility of MCLE credit. by statute in both adult and minor representation on a limited basis. guardianship cases. Under this pro- The purpose behind these types Court Navigator Program gram, attorneys would be allowed of agreements is to lower attorney Under OCCAC supervising access to courthouse cases biannu- costs for the client while limiting attorneys, the Court Navigator ally and provide notifications to the malpractice exposure for the attor- Program was created to support appropriate judge of those cases not ney. OCCAC clients are required and assist unrepresented litigants. meeting statutory requirements. to sign a limited scope services Specially trained and supervised agreement before receiving clinic nonlawyers called “court nav- igators” provide general infor- mation, written materials and one-on-one assistance. Also, court navigators provide moral support to litigants, help them access and complete forms, Limited scope agreements allow an attorney assist them with keeping paperwork in order, help them to provide piecemeal services in a legal matter access interpreters and other services including explaining rather than requiring a traditional, full-service what to expect and the roles of each person in the court- representation agreement utilized by lawyers. room. Court navigators are also permitted to accompany unrepre- sented litigants into the courtroom in Oklahoma County. While these court navigators cannot address OCCAC Awareness Program services. This agreement delineates the court on his or her own, they OCCAC volunteers provide edu- what legal services are to be pro- can respond to factual questions cation to attorneys, courthouse staff vided by the clinic and notes the asked by the judge. Each court and the public about the clinic and clinic’s lack of responsibility for navigator is required to attend at its services. Courthouse staff train- failures of the case outside of the least three separate shifts with a ing is essential so individuals may clinic’s purview. When the clini- licensed lawyer before assisting be identified and properly referred cian deems a matter too complex or clients alone. The OCU School of to the clinic. Community education contested, he or she will refer the Law recently granted an extern- is the means to empower litigants. client to a legal aid service that will ship opportunity for its law The more education provided to be better able to meet his or her students to volunteer as court nav- community members the higher needs. Comment 7 to Oklahoma igators at the clinic while gaining the demand will be for appropriate Rule of Professional Conduct 1.2 course credit at the law school. legal services. states the limited representation must be “reasonable under the Judge Pro Tem Limited Service Agreements circumstances.”18 The clinician has Modeled after a successful Rule 33 of the Rules for the a time limitation goal of 20 minutes program in California, the judge District Courts of Oklahoma per client; therefore, complex and pro tem (judge for a day) aspect authorizes limited scope services contested matters are not appropri- of the clinic allows attorneys to agreements. Limited scope agree- ate for the clinic at this time.19 review filing requirements for ments allow an attorney to provide certain matters and report to the piecemeal services in a legal matter Further Considerations judge whether the requirements rather than requiring a traditional, Reports of the success of legal have been met. Due to the volu- full-service representation agree- aid clinics should be viewed with minous cases requiring account- ment utilized by lawyers. Types of a skeptic’s lens. Simply providing ings in Oklahoma County, it is services could include legal advice, legal volunteers to answer ques- nearly impossible for each judge document preparation or single tions and provide basic pleadings to track, review and respond courtroom appearances. The client is based on a failed patchwork

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 13 20 system. While legal aid clinics are Volunteer, Journal Record 50 Most 16. Due to the inherent nature of probates intended to supplement the gap of containing assets in which to retain an attorney, Influential Women in Oklahoma all probate clients have required a referral from inequality in the judicial system, recognition and OCBA Leadership one of the two Oklahoma County probate judges these pro se clinics can also be since the clinic’s inception. in the Law Award. 17. This is true assuming the client meets viewed as imposing self-representation strict income and asset requirements of the with minor legal assistance on OCCAC. ENDNOTES 18. 5 O.S. §1 Rule 1.2 – Scope of poor people. In order to empower 1. OCCAC would like to recognize and thank Representation and Allocation of Authority pro se litigants, we must not only Judge Richard Kirby and Judge Allen Welch in their Between Client and Lawyer. innovation and support for civil access to justice. 19. OCCAC has developed a referral source of provide services, but we must Both judges recognize the barriers within their pro bono and low bono attorneys willing to accept educate and nurture access to the courtrooms and have taken a proactive approach referrals from the clinic. in implementaing various programs designed to 20. According to The Justice Index 2016, there courthouse. Furthermore, pro se alleviate the legal services delivery gap. are 6,953 civil legal aid lawyers in the nation out clinics alone are not the appropriate 2. “U.S. Rank On Access To Civil Justice In Rule of 1.3 million lawyers. This translates to 0.64 civil Of Law Index Drops To 94th Out Of 113 Countries,” legal aid attorneys for every 10,000 Americans response to the Sixth Amendment National Coalition for a Civil Right To Counsel living 200 percent below the federal poverty line. right to equal protection under (Oct. 27, 2016), civilrighttocounsel.org/major_ This is an unsustainable system. “Measuring developments/217; See Agrast Et Al., “The World Access to Justice (2016),” justiceindex.org. the law. Greater emphasis must be Justice Project,” Rule Of Law Index 175 (2016). placed on streamlining pleading 3. Id. 4. By an act of Congress in 1974, Legal processes, simplifying statutory Services Corporation was created to provide a requirements and eliminating national program to provide legal services to the poor. See Pub. L. No. 93-355, 88 Stat. 378 (1974) vagaries in the judicial system. (codified as amended at 42 U.S.C. §2996 (1994). Uniform and simple fill-in- 5. “Documenting the Justice Gap In America: The Current Unmet Civil Legal Needs of Low- the-blank forms must be cre- Income Americans,” Legal Services Corporation, ated. Judges should be educated September 2005 (Updated June 2007 and September 2009), www.lsc.gov/sites/default/files/ about the barriers caused by LSC/images/justicegap.pdf and www.lsc.gov/ unnecessary continuances and sites/default/files/LSC/pdfs/documenting_the_ justice_gap_in_america_2009.pdf. appearances. They should also 6. “The Justice Gap: Measuring the Unmet be free to provide instruction Civil Legal Needs of Low-income Americans,” Executive Summary, Legal Services Corporation, about resources available to pro se June 2017, www.lsc.gov/sites/default/files/ litigants and what information is images/TheJusticeGap-ExecutiveSummary.pdf. 7. In re: D.D.F., 801 P.2d 703, 706 (Okla. 1990), necessary for the judge to make a the Oklahoma Supreme Court held that the rights decision. Attorneys should not be at issue in a termination of parental rights case satisfied with limiting the dis- were fundamental to the family unit and protected by the due process clause of the Oklahoma cussion of access to pro se clinics. Constitution, Art. 2, §7. Instead, the legal community must 8. Oklahoma Access To Justice Commission sites.google.com/utulsa.edu/okaccesstojustice/ commit to creating a holistic, user- home. friendly system that accommo- 9. Kyle Schwab, “Oklahoma Access to Justice Commission looking at new ways to provide free dates all levels of litigants. legal help to the poor,” The Oklahoman, Jan. 29, 2018, oklahoman.com/article/5581221/oklahoma- access-to-justice-commission-looking-at-new- ways-to-provide-free-legal-help-to-the-poor. 10. Id. ABOUT THE AUTHOR 11. The OCCAC clinic can easily be replicated Sara Murphy Bondurant is a senior in other counties to assist with pro se litigants. attorney at Graft & Walraven PLLC To discuss starting a clinic in your county please contact the author. in Oklahoma City and Clinton. 12. Probate clients must receive a referral Her practice focuses on estate from an Oklahoma County probate judge to be eligible for OCCAC services. This referral planning, elder law, tax planning, system is designed to prevent nonincome eligible probates and adult guardianships. applicants from wrongfully utilizing OCCAC volunteer services. Ms. Murphy Bondurant received 13. 30 O.S. §2-101 (OSCN 2019). her J.D. from the OU College 14. The OCCAC instructors deliver the manual to all attorney and law student volunteers. of Law. She is a member of the Additionally, volunteers are asked to attend an OBA Access to Justice Section orientation in which the manual is discussed. The manual has been approved by both judges assigned and Estate Planning, Probate and to the probate docket in Oklahoma County. Trust Section. She has received The manual includes sample pleadings that are distributed by the Oklahoma County Court Clerk’s the OBA Outstanding Pro Bono Office and the Oklahoma County Law Library. Service Award, Oklahoma Lawyers 15. Assistance includes in-office assistance for Children Outstanding Attorney and email assistance.

14 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL

Access to Justice Certified Courtroom Interpreters A Quick Guide to Oklahoma’s Program By Debra Charles

HE LANGUAGE USED IN THE COURTROOM can be confusing and difficult to Tunderstand, and ordinary words or phrases often have unexpected meanings. Lawyers often use a unique combination of legalese, acronyms, idioms and sports metaphors. For persons who are limited English proficient (LEP), having meaningful language access during their day in court can be challenging.

Qualified interpreters play an second highest level of credential. All candidates must also pass a essential role in ensuring equal The process is cumulative – a background check and must be U.S. access to justice and helping court candidate must first become regis- citizens or qualified to work in the proceedings function efficiently tered, and then he or she may apply United States. There are currently and effectively.1 To further this to take the examination to become 62 registered courtroom interpreters important goal, the Oklahoma fully certified. The Oklahoma on the Oklahoma registry. 4 Supreme Court has approved a program utilizes nationally recog- The second level of credential is credentialing program for inter- nized standards for training and a fully certified courtroom inter- preters in the Oklahoma courts.2 examination.3 preter. This is the “gold standard” Like attorneys, credentialed court Courtroom interpreting creden- and is widely recognized in most interpreters have proven their skills tials are not easy to obtain. As with state court systems. While regis- through testing and training, are official court reporters, these lan- tered interpreters have demon- required to comply with continu- guage professionals are making the strated a basic level of proficiency, ing education and are bound by official record for the court. It takes certification as a court interpreter ethical standards. This article more than just being bilingual to indicates the highest skill level discusses a few important areas qualify. The first step is to become and establishes the interpreter’s for lawyers who might encounter a registered courtroom interpreter. competence as a language profes- these interpreters in the courtroom: To do so, the candidate must: sional to accurately perform in all credentialing levels, modes of inter- three modes of interpreting. preting and interpreter ethics rules. 1) Attend an intensive The certification exam is chal- Oklahoma two-day orienta- lenging, even for individuals who CREDENTIALING LEVELS – tion training program; are highly proficient in both lan- REGISTERED AND CERTIFIED 2) Pass a written English guages. Multiple cognitive functions INTERPRETERS examination to verify are involved when an interpreter Two levels of courtroom adequate proficiency and listens, comprehends, decodes and interpreter credential for spoken understanding (including produces the interpretation with languages are recognized in the legal terminology and the required speed and accuracy. Oklahoma courts. “Certified court- interpreter ethics); and Practice is necessary for a candi- room interpreters” hold the highest 3) Pass a basic proficiency date to develop the skills needed level of credential, and “registered examination in the foreign to perform well in all modes of courtroom interpreters” hold the language of expertise. interpreting. Similar to the certified

16 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL shorthand reporter exam process, For lawyers attempting to work Consecutive Mode many candidates require more than with interpreters in the courtroom, Consecutive mode occurs one attempt before passing the certi- understanding the three modes of when the LEP person is playing fication exam. interpreting is essential. an active role in the conversation In Oklahoma, the oral examina- and must speak or respond during tion to become a certified courtroom Simultaneous Mode examination, cross-examination or interpreter is administered by the Simultaneous interpreting occurs to the judge. During consecutive Administrative Office of the Courts when the non-English speaker is not mode, the interpreter listens while twice a year. There are currently actively a part of the conversation. the speaker completes a question or eight certified courtroom interpret- This mode (sometimes called whis- answer and then converts what was ers on the Oklahoma registry.5 per mode) is used whenever the said into the target language. There LEP person (usually the defendant) is a pause after each question and MODES OF INTERPRETING is passively listening to other speak- each answer to allow the interpreta- Three modes of interpreting are ers, such as during witness testi- tion to go back and forth, between recognized in the court interpreting mony, statements from the judge or English and the foreign language, profession and have been adopted arguments of counsel. If someone is depending on who is speaking. in federal and state courts: simul- speaking during that LEP person’s During consecutive mode, the inter- taneous interpreting, consecutive day in court, then the interpreter preter is heard by other participants interpreting and sight translation of should be quietly interpreting in in the courtroom, and the interpre- documents.6 Each mode fits partic- “whisper mode” so the defendant tation into English becomes part of ular needs and circumstances in hears what is going on. During this the court record. the courtroom. Court interpreters mode, the interpreter is not heard will switch between these modes by others in the courtroom. during a proceeding as needed.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 17 paraphrase anything. If the witness uses poor grammar, crude language or profanity, the interpretation should convey that same content and register. Interpreters should not be admonished for being the The primary goal for court interpreters is conduit for such utterances, as their rules and training prohibit them accuracy and completeness – to preserve the from censoring or cleaning up the speaker’s language. language level, register, style and meaning of The rules require interpreters to preserve the same level of speech the speaker as precisely as possible. being used by the speaker. In court, the interpreter must take care not to make a defendant or witness sound more educated, confident or sophis- ticated than their own words con- Sight Translation of Documents settings, skilled interpreters vey. It is important not to blame the The third mode is sight trans- routinely summarize, simplify, interpreter, even if the interpretation lation. Certified courtroom inter- embellish, rephrase and explain contains fragmented or incoherent preters are tested for their ability in order to convey the necessary statements or improper grammar. to read a document written in information between the parties. Similarly, if the judge or attorney is one language while translating However, in the courtroom, the using sophisticated language, the it orally into the target language. opposite is true. The primary goal interpreter should use that same “Live” sight translation in court is for court interpreters is accuracy high level in the target language. appropriate only for short docu- and completeness – to preserve Many idiomatic expressions ments (one or two pages), such as the language level, register, style often used by lawyers have actual an affidavit, medical record, police and meaning of the speaker as meanings very different from report, foreign birth certificate, etc. precisely as possible. Rule 3 of the the literal interpretation and can Interpreters are trained to ask for Code of Professional Responsibility cause major confusion. To be a few minutes to quietly read the for Interpreters mandates that accurate, interpreters often must document before attempting to “Interpreters shall render a com- figure out the linguistic equivalent do a sight translation. Judges and plete and accurate interpretation or for a statement or concept. Some lawyers are encouraged to allow the sight translation, without altering, examples include turn a blind eye, interpreter a few minutes to do so. omitting, or adding anything to take the law into your own hands, For lengthy documents, such as arti- what is stated or written, and par for the course, null and void, cles or transcripts, the process will without explanation.”8 fine print, chip on his shoulder, be much more accurate and efficient The mandate for completeness slap on the wrist, down to the wire if the translation is completed prior means that everything should and throw in the towel. Qualified to the live court proceeding. be interpreted for an LEP defen- courtroom interpreters are trained dant, including arguments of that verbatim “word-for-word” ETHICS RULES counsel, testimony of witnesses interpreting is not appropriate if FOR INTERPRETERS and statements of the court. Even it distorts the actual meaning. If The Oklahoma Supreme Court when the defendant is not actually there is no equivalent, the judge has adopted the nationally rec- responding to questions, meaning- may need to instruct the attorney ognized ethics code which gov- ful language access occurs when to rephrase the question. erns courtroom interpreters.7 For everything that happens at the Another important ethical rule lawyers and judges, understand- proceeding is interpreted for the governs scope of practice.9 The rule ing some of these key concepts LEP litigant. Interpreters should provides that “Interpreters shall is important when working with never be instructed to “stop inter- limit themselves to interpreting or courtroom interpreters. preting” during the proceeding if translating and shall not give legal Courtroom interpreting is very the LEP person is a party. advice, express personal opinions different from interpreting in other Courtroom interpreters must to individuals for whom they are settings. In medical or classroom not summarize, embellish or interpreting, or engage in any other

18 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL activities which may be construed interpreters, they have demon- „„ Speak directly to the party to constitute a service other than strated their abilities through or witness, not to the interpreting or translating while testing and training, they are bound interpreter. Do not tell the serving as an interpreter.” by the ethics rules and they must interpreter to “ask him…” When LEP defendants finally comply with continuing educa- or “ask her…” meet their court interpreter, the tion requirements. A certified sign „„ Construct questions using interpreter may seem like a super language interpreter whose regis- straightforward language. If hero – finally, someone who tration is current is eligible to serve possible, avoid double nega- speaks their language has arrived! as a “qualified legal interpreter” tives or compound sentences. This can lead to a barrage of ques- pursuant to the Oklahoma Legal „„ Be mindful of interpreter tions about the case, the judge, Interpreter for the Deaf and Hard- fatigue and allow for breaks the plea forms, the prosecutor or of-Hearing Act.10 There are currently if the proceeding is lengthy. the penalty for the offense being 10 certified sign language interpret- „„ Interpreters are not charged. However, the interpreter ers on the Oklahoma registry. immune to mistakes, slips is permitted to convey legal advice of the tongue or memory only while an attorney is actually TIPS FOR LAWYERS WORKING lapses. Errors should be giving it. Courtroom interpreters WITH COURTROOM corrected as soon as pos- are trained to avoid meeting with INTERPRETERS sible, hopefully without defendants without the attorney Oklahoma’s district courts are causing undue embarrass- being present. Interpreters should not funded for staff interpreter ment to the interpreter. If not be asked to independently positions, and the courtroom you believe the interpreter assist with preparation of forms interpreters on the registries are misunderstood the question or explain court procedure. Judges not court employees – they are or answer, or made a mis- and lawyers are encouraged to freelance professionals. Interpreter take, the best solution is to protect interpreters from being scheduling for court proceedings immediately follow up with placed into such positions. is handled by the local district court a rephrased question. During the actual proceeding, or by the lawyers in the case (not „„ Allow the interpreter to the LEP person might not under- the Administrative Office of the converse briefly with the stand what is going on or what is Courts). While the pool of cre- non-English speaker to being asked. The scope-of-practice dentialed interpreters continues ensure understanding rules prevent interpreters from to grow, it is not always feasible of accents, dialect or pro- having an independent dialogue to secure a registered or certified nunciation differences. with the LEP person to explain interpreter for every proceeding.11 „„ Don’t ask the interpreter to what someone meant or to rephrase Moreover, budget shortfalls limit independently explain or questions. Instead, the courtroom the ability of the district courts to rephrase anything said by interpreter should simply act as pay the costs for interpreter ser- the LEP person. Instead, a conduit – interpreting the LEP vices in many instances. clarify by asking the LEP person’s questions or confused Some practical tips for working person questions through responses into English and allowing with an interpreter in the courtroom: the interpreter. the attorney or the judge to clarify, „„ If possible, allow the inter- rephrase or add more explanation „„ Position interpreters where preter to review helpful for the LEP person to understand. they can see the participants exhibits or pleadings prior and hear what is being said, to the hearing, to become CERTIFIED SIGN including arguments of familiar with names, dates LANGUAGE INTERPRETERS counsel at the bench. and technical vocabulary. Oklahoma’s program also „„ Speak clearly and slowly, Distribute copies of jury includes certified sign language and avoid talking over instructions, plea forms, interpreters. Although their cre- other speakers. etc. to the interpreter. dentialing process is somewhat „„ Allow pauses for interpreta- „„ Don’t expect literal word- different from spoken language tion during long questions for-word interpretations. interpreters, Oklahoma’s certified or answers. Many witnesses Interpreters convey the sign language interpreters have forget to pause, and inter- meanings of words and also satisfied rigorous require- preters cannot retain detailed phrases, which is often ments. Like the foreign-language lengthy narratives. different from the literal

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 19 translation. Be mindful officers of the court, interpreters help ensure level of credential in this state, and registered of idioms, metaphors and that such persons may enjoy equal access courtroom interpreters have the next highest to justice, and that court proceedings and level. When good cause is shown and the sports-based expressions, court support services function efficiently court has determined that it would not be which can be very confusing and effectively. Interpreters are highly skilled practical, within a reasonable time frame, to professionals who fulfill an essential role in secure the services of an individual certified for non-English speakers. the administration of justice. under Sections 1701 through 1710 of this „„ Interpreters are not attor- 2. The Supreme Court has approved detailed title, the court may utilize the services of rules related to courtroom interpreting in the a registered courtroom interpreter. When neys. They can interpret Oklahoma courts. The Code of Professional good cause is shown and the court has questions and answers, Responsibility for Courtroom Interpreters in the determined that it would not be practical, Oklahoma Courts is set forth at Title 20, Chap 23, within a reasonable time frame, to secure but interpreters should not App I. The interpreter credentialing and continuing the services of a registered courtroom be asked to perform attor- education process is set forth in the Rules of the interpreter, the court may utilize the services State Board of Examiners of Certified Courtroom of a provisional interpreter or other person ney-type work or explain Interpreters. Title 20, Chap 23, App II. Rules who does not hold a certified or registered legal forms to LEP persons. governing disciplinary proceedings are set credential. If the Board establishes additional forth at Title 20, Chap 23, App III. levels of qualified interpreters, the court The State Board of Examiners of Certified shall follow the recognized hierarchy of CONCLUSION Courtroom Interpreters provides oversight of the credential when endeavoring to obtain interpreter credentialing and disciplinary program, interpreter services. For purposes of this The Oklahoma Supreme Court’s with subject matter expertise, exam proctoring section, “good cause” means that due to Interpreter Program is still rela- and program administration provided by the the nature of the hearing, and time being of Administrative Office of the Courts professional the essence, the securing of a certified or tively new, but a growing group of staff. The board is created by statute, and its actions registered interpreter would not be possible qualified professionals is emerging are supervised by the Supreme Court and subject to due to the time, distance, or availability of a approval by the court. See 20 O.S. §1701, et seq. certified or registered interpreter. The court to provide language access in the 3. The court interpreter credentialing shall make a specific finding as to the good district courts. These registered process developed by the National Center for cause for the emergency circumstances. In State Courts (NCSC) is widely recognized as the addition, the non-credentialed person shall and certified interpreters have industry standard for certification of courtroom have reasonably demonstrated to the court worked hard to earn their creden- interpreters. Like most states, Oklahoma uses and the parties such person’s proficiency tial. As freelancers, many of them these nationally recognized standards and the for the purposes of that hearing. It is also NCSC examinations for its courtroom interpreter mandatory that the proceedings are audio provide additional interpreting credentialing. taped, and in the event of deaf or hard of services and would be eager to 4. The registries of courtroom interpreters are hearing individuals, audio and video taped. posted on the Certified Courtroom Interpreters The recording shall be labeled and remain an provide language services for you – page of the Oklahoma State Courts Network, official part of the record. inside or outside of the courtroom. www.OSCN.net (go to Programs > Certified Courtroom Interpreters). Also, Rule 16, Title 20, Chap 23, App II states, in part: If you are in need of a qualified 5. There is also a registry for “provisional interpreter, please remember to status” interpreters. This level of credential is c) The court shall endeavor to obtain the no longer available in languages where fully services of a courtroom interpreter with the check the registries on OSCN. registered and/or certified interpreters are highest available level of credential prior to credentialed in Oklahoma. The provisional accepting services of an interpreter with process is intended for interpreters speaking lesser certification and skill. more exotic languages to have their names listed d) As provided in 20 O.S. §1710, when good ABOUT THE AUTHOR for possible use in the courts. A provisional cause is shown and the court has determined interpreter has not achieved certification or that it would not be practical, within a Debra Charles is general counsel registration but has met certain minimum reasonable time frame, to secure the services for the Administrative Office of verified requirements. Provisional interpreters of a Registered or Certified Interpreter, the do not possess an official certification and have court may utilize the services of a Provisional the Courts and also directs the not achieved the higher levels of training and Interpreter or other person who does not hold Supreme Court’s Language Access/ qualifications required of registered and certified a Registered or Certified credential. Whenever interpreters. See Rule 2, Title 20, Chap 23, App. II. possible, any court proceeding interpreted Certified Courtroom Interpreter 6. The certification process requires oral by a Provisional Interpreter, Registered Program. She works closely with examinations testing the interpreter’s skills in all three Interpreter, or other person who is not enrolled modes of interpreting. See Rules 4 and 11 of the as a Certified Interpreter shall be audio the state boards of examiners for Rules of the State Board of Examiners of Certified recorded and the recording shall be made an Oklahoma court reporters and court Courtroom Interpreters, Title 20, Chap 23, App II. official part of the record as required by 20 7. Code of Professional Responsibility for O.S. §1710 and Supreme Court Rule 1.410. interpreters. She is a graduate of the Courtroom Interpreters, Title 20, Chap 23, App I. OU College of Law. 8. Id. Rule 3. 9. Id. Rule 9. 10. 63 O.S. §2407, et seq. and Rule 12, Title 20, ENDNOTES Chap 23, App I. 1. The Preamble to the Code of Professional 11. It can be challenging to obtain a qualified Responsibility for Interpreters, at Rule 1, Title 20, interpreter in a timely manner. This issue has Chap 23, App I, states: long been addressed in 20 O.S. §1710. This year, SB489 amends §1710, to become effective Nov. 1, Many persons who come before the courts 2019. The new version of §1710 states: are partially or completely excluded from full participation in the proceedings due to limited In district court proceedings, the court English proficiency or a speech or hearing shall endeavor to obtain the services of impairment. It is essential that the resulting a courtroom interpreter with the highest communication barrier be removed, as far as available level of credential prior to accepting possible, so that these persons are placed services of an interpreter with lesser in the same position as similarly situated credential and skill. Certified courtroom persons for whom there is no such barrier. As interpreters have the highest recognized

20 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL

Access to Justice Addressing the Court Reporter Crisis in Oklahoma By Shelley Phillips and Debra Charles

HERE IS A CRISIS IN THE COURTROOM and it does not involve the litigants. You may Thave experienced it yourself. A significant shortage of official court reporters is impacting the judicial system across the state. Many district courts are attempting to manage very busy dockets while being forced to share a dwindling number of court reporters. This article exam- ines some of the factors driving this crisis, and the efforts being made to reverse this trend.

A court reporter has the important WHAT IS HAPPENING TO THE New court reporters face role of protecting and preserving COURT REPORTERS? education expenses and signifi- evidence and testimony and Several factors have contributed cant start-up costs to acquire the delivering an accurate record of to the shortage of court reporters necessary equipment after certifi- the events in a legal proceeding. In in Oklahoma, including lower cation. As they are weighing their Oklahoma, all court reporters must salaries, fewer accredited schools, job options, many court reporters be certified by the State Board of uncertainty of professional advance- are lured away from Oklahoma as Examiners of Certified Shorthand ment and retirement. Compared soon as they successfully pass the Reporters and approved by the to some other states, Oklahoma exam to take advantage of higher Supreme Court of Oklahoma.1 The offers a low base salary for official salaries in the neighboring states. standards are high, as the profes- court reporters. The base salary in Another factor in the downward sion requires significant levels of Oklahoma is set by statute which trend of court reporter candidates is skill and technical expertise. has not changed since 2007, ranging access to education. Until recently, To become certified, a candidate from $39,160 to $45,160.3 Meanwhile, only one school in Oklahoma must pass a challenging, two-part other states offer salaries which can offered the accredited stenographic exam. Part 1 is a two-pronged be enticing for Oklahoma’s new court reporter training. Lack of skills test consisting of a timed court reporters. For example, a court schools makes certification much question-and-answer segment in Texas recently posted a court more difficult for court reporter presented at 200 words per minute reporter position with an annual students in outlying areas and leads and a jury charge/literary segment salary of up to $98,000 for a certified to a shortage of young professionals presented at 180 words per minute.2 reporter.4 Kansas offers an average entering the industry. In addition, The candidate must score at least of $53,612 annually5 and Wyoming the training for certification is 95 percent on these skills tests. Part 2 offers $60,000.6 Iowa offers a salary arduous and the drop-out rate is is the Oklahoma Written Knowledge range of $52,478.40 to $81,369.60 high. There is a unique combination Test, which covers law, court rules annually.7 Missouri offers an aver- of skill and speed required in court and procedures. The credentialing age annual salary of $51,808 8 while reporting, and some candidates standards are rigorous because the Arkansas pays an average of $55,137 simply fail to develop the levels court reporters play a vital role in per year. 9 In addition to the salary, necessary to achieve certification. the litigation process. They are the reporters in these states can earn The shortage looms even larger guardians of the record – in other additional income for producing as more court reporters approach words, the guardian of your case. transcripts, at various page rates. retirement age. Court reporters

22 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL are decreasing in number due to retirement at a faster rate than new court reporters are being certified. A 2013 study commis- sioned by the National Court Reporters Association, known as the Ducker Report, emphasizes that the median age of court reporters is trending upward while fewer schools are available and fewer court reporters are graduating. Thus, many more reporters will be leaving than entering the pro- fession over the next few years.10 The median age of working court reporters is 51 years old as com- pared to other occupations having a median age of 42.11 The district courts in Oklahoma have 180 positions designated for official court reporters. Currently, there are approximately 21 vacancies and at least 20 positions where the court reporter is of retirement age.

DIGITAL RECORDING VERSUS LIVE COURT REPORTING Another major factor behind the shortage is the perception that court reporting is an archaic or dying profession. A common belief is that technology is going to replace the court reporter, with digital recording and electronic dictation solutions causing uncer- tainty about the future of the court reporter in the legal system.12 However, some states have experimented with recordings

THE OKLAHOMA BAR JOURNAL and have encountered problems. speak one at a time. If a meaning- each successful section.16 Also, a Some have returned to the stan- ful appeal is somehow impossible new district court rule has opened dard practice of stenographic court because of an incomplete tran- the door for using video remote reporting. Texas experimented script, the result can be a decrease technology in district court pro- with recorders and brought back in public trust in the system and an ceedings and permitting the judge stenographic reporters citing increase in costs. to use a live court reporter via inherent problems and inaccura- The Ducker Report provides an videoconference when one is not cies in transcription, unforeseen important takeaway, which is that available locally.17 costs and additional personnel stenographic court reporting con- The task force has also encour- to perform all the functions of a tinues to be the strong preference aged the development of addi- stenographic reporter. Kentucky of the legal community. The report tional training programs for court also experimented with recorders predicts that increased legal activ- reporter candidates in Oklahoma. and reported malfunctions with ity and opportunities will result The Oklahoma Court Reporters equipment, costly retrials and in an increased demand for court Association (OCRA) reports that lawyers spending too much time reporters and that the demand for there are now four schools in reviewing the tapes.13 court reporters will significantly Oklahoma teaching court reporting Oklahoma permits the judge to exceed supply. theory and speed building and an order the use of electronic record- additional program in the begin- ing in lieu of a live court reporter, HOPE IS ON THE HORIZON ning phases of development.18 Tulsa unless there is objection by a party Several efforts are underway to Community College instituted a or counsel.14 However, lawyers and improve the situation. Oklahoma part-time program in January 2018 judges must exercise caution when Supreme Court Chief Justice instructed by Allison Hall, president- making this decision. With auto- Noma Gurich has implemented elect of the OCRA. One year later, mated technology, there is the risk the Preserving the Record Task Tulsa Community College initiated that something might go wrong Force to address some of these another program at its northeast that a live reporter could have pre- issues. Bringing together judges, campus in Tulsa led by Leslie Ruiz, vented. Transcripts from a digital court reporters and court admin- treasurer and past president of recording can come back with istrative leadership, the task force OCRA. The curriculum is based on chunks missing because something is focusing on practical solutions the theory of Mark Kislingbury, the was inaudible. Also, in complex to improve the court reporter Guinness World Record holder as cases or trials where a daily tran- shortage. Some vacancies have the fastest writer in the world. script is important, a live court been alleviated by contracting A new program at Gordon reporter keeping track of the record with retired court reporters to Cooper Technology Center in is crucial. Live court reporters can provide services a few days per Shawnee is headed by Melia also read back testimony on the month. Supreme Court rules have Melton, a registered merit reporter spot and settle real-time disputes been modified to allow tempo- and OCRA member. This full-time about what was said. Experienced rary court reporters to practice program, launched in January 2018, judges and attorneys know that a and develop skills for passing the meets Monday through Friday and live court reporter can control the exam15 and also to allow candi- also utilizes the Kislingbury Theory. courtroom and ask participants to dates to take the three exam parts Kiamichi Technology Center in repeat a statement, slow down or separately and retain credit for McAlester began a part-time online

Experienced judges and attorneys know that a live court reporter can control the courtroom and ask participants to repeat a statement, slow down or speak one at a time.

24 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL program in February 2018 and is getting more young people into the ENDNOTES led by Tonya Reynaert, an official court reporting industry. To this 1. 20 O.S. §106.3B. 2. 20 O.S. §1503. court reporter. The program uti- end, the National Court Reporters 3. 20 O.S. §106.9. lizes the Revised Phoenix Theory, Association has a program called 4. Potter County, Texas, job posting for official court reporter, March 2019, endorsed by Stenograph, a leading “A to Z,” which offers students www.co.potter.tx.us. court reporting company for more free, six-week trial classes to test 5. Court reporters are classified at grade 33 in the Kansas Supreme Court, FY2019 Pay Matrix, than 80 years. their interest and abilities in the www.kscourts.org/kansas-courts/supreme-court/ The Oklahoma College of profession. Students who decide to administrative-orders/Admin-order-296.pdf. 6. Sublette County, Wyoming, 9th Judicial Court Reporting is located in pursue certification can get tuition District Court job posting, April 2019, www.courts. north Oklahoma City and has assistance and mentorship through state.wy.us/wp-content/uploads/2019/01/Court- Reporter-Sublette-County-2019.pdf. been training students for more Project Steno, which focuses on stu- 7. Iowa Judicial Branch job posting D4 than 25 years. OCCR teaches the dent outreach and enrollment. 13046-007, March 27, 2019, www.iowacourts. gov/iowa-courts/career-opportunities/ Stenowave Theory, which was Oklahoma lawyers can help! official-certified-shorthand-reporterd4daj. created by Larry Narvaez, owner/ Do you know someone who 8. Court reporters are classified at index #90 and #91 in the Pay Plan document at Missouri operator and board member might be a good candidate? Please Office of Administration website, Oa.mo.gov/ of Oklahoma Board of Private spread the word about this unique personnel/state-agencies/uniform-classification- and-pay-system-pay-plan#paygrids. Vocational Schools. profession. More information is 9. Per the Arkansas Administrative Office of Across the state, there are available about Oklahoma’s court the Courts director of HR, court reporter salaries fall into category GS08 on the 2017-2018 Pay students in each of these programs reporting classes at ocraonline.org Plan, www.dfa.arkansas.gov/images/uploads/ developing their skills and on track under the Students tab in Schools. personalManagementOffice/payplanfy2018.pdf. for graduation. As word about these Information about the A to Z 10. 2013-2014 Court Reporting Industry Outlook Report, Executive Summary, Presented programs continues to spread, other program is available under the by Ducker Worldwide, sponsored by the National programs may also be in the works. Students tab in Discover Steno. Court Reporters Association. 11. “Court Reporter Shortage: What this In addition, after more than There are court reporting Means for the Industry and for Reporters,” Conner 10 years without a change, the opportunities in Oklahoma and Reporting, connorreporting.com/court-reporter- shortage-means-industry-reporters. statute which sets official court elsewhere, especially for a young 12. “Seventeen states and territories have reporters’ salary is finally getting person looking for a career path or made the transition to digital recording in all or most of their general-jurisdiction court sessions,” some attention. Although most someone wishing to make a career 2015 Trends in State Courts, National Center for state employees at the same salary change. Qualified candidates will State Courts. 13. “Courts Bring Back Court Reporters After level received a $2,000 raise in find this to be a rewarding and Electronic Recording Use,” GCCRA News, Feb. 9, 2018,19 the official court reporters interesting career. 2015, www.gccra.org/courts-bring-back-court- reporters-after-electronic-recording-use. missed out due to the language 14. 20 O.S. §106.4 “In any trial, hearing or in their salary statute.20 This year, proceedings, the judge before whom the matter is being heard may, unless objection is made Senate Bill 349, by Sen. Thompson ABOUT THE AUTHORS by a party or counsel, order the proceedings and Rep. Wallace, eliminates the Shelley Phillips has been an official electronically recorded. A trial or proceedings may proceed without the necessity of a court decade-old salary cap and allows court reporter for the Payne County reporter being present, unless there is objection official court reporters to receive District Court for more than 30 years. by a party or counsel. Provided that if an official transcript is ordered then it shall be prepared by a salary to be set pursuant to the She has served on the State the official court reporter.” budgeting process. SB349 was Board of Examiners of Certified 15. Rule 25 – Temporary Permits. Rules of the Board of Examiners of Certified Shorthand signed by the governor on April 8, Shorthand Reporters for five years Reporters, Title 20, Ch 20, App. 1. 2019, and the Supreme Court and is a member of the Oklahoma 16. Rule 3 – Eligibility, and Rule 4 – Test Requirements. Rules of the Board of Examiners leadership is giving the $2,000 Court Reporters Association. of Certified Shorthand Reporters, Title 20, Ch 20, state-employee salary increase to Debra Charles is general App. 1. Oklahoma’s official district court counsel for the Administrative 17. Rule 34 – Videoconferencing in the District Courts. Rules for District Courts, Title 12, Ch 2, App. reporters this year. Office of the Courts and also 18. ocraonline.org/students/schools. directs the Supreme Court’s 19. 56th Legislature, Second Extraordinary Session, HB1024xx. HELP SPREAD THE WORD – Language Access/Certified 20. 20 O.S. §106.9. COURT REPORTERS NEEDED! Courtroom Interpreter Program. Court reporting will remain She works closely with the State a viable occupation, and a quali- Boards of Examiners for Oklahoma fied candidate who successfully court reporters and court completes training is all but interpreters. She is a graduate guaranteed a job. The challenge of the OU College of Law. for Oklahoma and other states is

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 25 Access to Justice Using Online Dispute Resolution to Expand Access to Justice The Online Multidoor Courthouse By Colin Rule

N 1976, HARVARD LAW PROFESSOR Frank Sander delivered a speech at the National IConference on the Causes of Popular Dissatisfaction with the Administration of Justice (now usually referred to as the Pound Conference) titled “Varieties of Dispute Processing.” In his speech, professor Sander envisioned a future justice system that could direct parties into appropriate pathways customized to the particulars of their dispute. Though he didn’t title this concept the “multidoor courthouse” in his remarks, the name (coined later by a jour- nalist) eventually stuck, and it has become central to the theory and practice of dispute reso- lution. Professor Sander wondered aloud in his speech whether the “courts of the future” (in particular, courts around the year 2000) might help to screen incoming complaints, matching each dispute with its most appropriate form of resolution.

There’s no way professor mobile phone a point of access to many other e-commerce companies) Sander could have envisioned the justice, with algorithms dynam- create platforms that could iden- coming invention and expansion ically directing cases toward tify problems early and get them of the internet as he delivered that hundreds or thousands of virtual resolved quickly, which kept speech in St. Paul, Minneapolis, doors available to fit each disagree- users happy and made them more more than 40 years ago, but the ment to a specifically crafted and willing to buy things online. rise of the internet over that time appropriate forum for resolution. Eventually eBay was resolving period has extended ADR prac- ODR’s growth has coincided more than 60 million disputes per tice into a new discipline, online with the expansion of e-commerce. year through ODR, more than the dispute resolution (ODR), which In the mid-1990s people started entire U.S. civil court system. leverages information and com- asking, “If everyone is going to That was when offline dispute munication technology to help be buying things online without resolution organizations began people find resolutions for their meeting their transaction partners to pay attention. They started to disputes. When professor Sander in person, how will they resolve think: hey, if these ODR tools work spoke about “courts of the future” disputes that arise?” Websites like that well for online disputes, maybe in the “year 2000” he was likely eBay were growing like wildfire, we could use some of them to resolve envisioning something along the but they didn’t have a fast and our disputes as well. However, lines of the work currently being fair way to resolve problems that applying ODR tools to offline done in ODR. Instead of a clerk at arose, and the executives quickly disputes can be more complicated a desk routing disputants to one determined that it was under- than applying them to online of a dozen doors inside a physical mining trust felt by the users. disputes. When disputes arise building, ODR aims to make every ODR experts helped eBay (and online (say, within an e-commerce

26 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL marketplace) you already know underway in more than 50 county One important challenge facing some things about the disputants. and statewide court systems in the the courts is providing solutions First, they’re tech savvy enough United States, and that number will for the rising number of pro se, to log onto a website and make a likely double by the end of 2020. or self-represented, litigants who purchase (so you’re already dealing Utah is one state taking the lead. are trying to navigate the court with people who are somewhat A panel “Adopting Online Courts in process themselves because they comfortable with technology). Utah’s Legal System” took place at cannot afford a lawyer or cannot Second, they probably expect that the well-known South by Southwest easily go to the courthouse. As a any resolution will happen in conference earlier this year. result, many of these people simply the same environment where the Participants included Utah Supreme give up on their cases, either by not dispute arose in the first place, so Court Justice Constandinos “Deno” filing or not defending, when they ODR seems totally logical. That’s Himonas; Kim Allard, director really should be receiving assis- not necessarily the case in an offline of court services for the Utah tance in finding a fair resolution. dispute. Some parties to offline Administrative Office of the Courts; The challenges confronting the disputes may be comfortable with Amber Ivey, manager at Pew courts aren’t only in the area of technology and others may not, and Charitable Trusts; and Paul Embley, expanding access. Society is digi- it can be hard to tell who is who. CIO and technology division tizing left and right, and the courts The clearest example of this director at the National Center for aren’t keeping up. Citizen expec- is in the judicial system. Courts State Courts (NCSC). “Justice is tations are now set by daily use of should invest their resources in a thing,” Justice Himonas noted. advanced websites like Amazon, a way that maximizes access to “Justice is not a place.” Facebook and Google. Millennials justice for as many citizens as British Columbia’s ODR sys- in particular express sentiments possible. Many of the users of tem handled almost 14,000 small such as: if it’s not available in an courts may not have access to claims cases in its first seven app on my smartphone, then I’m not laptop computers or fast internet months of operation, and “[g] interested. If the courts only provide connections. They may only have overnment money and personnel services in person on weekdays access through their smartphones that used to be devoted to small- between 9 a.m. and 5 p.m., or or kiosks in a library, and they claims cases – including judges, require paper forms to be mailed or may not be comfortable express- sheriffs, clerks and others – are faxed in, large numbers of citizens ing themselves in writing. Also, being redirected to reduce the are going to look elsewhere when the types of issues that arise in backlog of criminal and family they need help with a dispute. ODR e-commerce transactions (such as law cases.” 1 New Mexico2 and the can help to keep courts relevant and not receiving an item or not being judicial districts of Hartford and to meet citizen expectations. happy with the item received) are New Haven, Connecticut,3 have The main reason why ODR is usually less complicated than the implemented pilot programs. taking off in the courts is con- kinds of issues filed in courts (e.g., The NCSC has a resource page venience. Citizens give higher workplace, landlord-tenant or fam- on ODR, defining the term simply satisfaction ratings for in-person ily matters). Enforcement of reso- as “a public-facing digital space service than for online service, but lutions is also more complicated in which parties can convene to the preference numbers are off in offline cases because you can’t resolve their dispute or case.”4 The the charts in favor of online, and just click a button to move money site includes white papers and that’s due to the convenience. For from one party to the other. These news on the subject, seminars, citizens who live in remote areas, factors required a re-think of ODR webinars and events related to ODR can be a tremendous benefit. systems to better meet the needs ODR and the link to an ODR blog Users love that they can access the of the wide spectrum of court where a recent post discussed how system whenever it fits into their users and dispute types. tools like chatbots and facial track- schedule. Online cases can resolve ODR tools and techniques were ing tools can de-escalate emotion- in days or hours, not weeks or first applied to courts outside of ally charged conflicts. months. The majority of ODR the United States in places such as ODR is enticing to courts in agreements are being achieved Singapore, the Netherlands and challenging budgetary times outside of the hours when the Canada, but over the past two because it offers ways to expand court is open – late in the evenings years, the U.S. courts have not only access to justice while at the same or over the weekend, because caught up but taken the lead. Some time cutting operating costs that’s when people are free to estimate that ODR initiatives are through more efficient processes. engage and work out agreements.

28 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL The second major advantage of ODR is cost. Faster time to resolu- tion means less time off work, less time away from family – and less administrative paper shuffling and scheduling delays. The third most important factor is accessibil- For some citizens, ODR may present the only viable ity. For citizens who cannot easily afford an attorney or take time way to use the justice system as it is intended. away from critical responsibilities (such as childcare, elder care or work), ODR can provide a viable option for pursuing redress. the “long period of time” at eBay conceived of in 1976. It was his For some citizens, ODR may was 12 days. How many court original insight that planted the present the only viable way to use disputes are resolved in 12 days seeds for the ADR field, which led the justice system as it is intended. or less? Technology can guide us eventually to the creation of ODR. Through longitudinal research, toward a future where access to We truly stand on the shoulders ODR outcomes may be eventually the civil justice system is installed of giants like professor Sander. shown to be fairer, more equitable on every mobile phone, with most Now the burden is on us to follow and more durable, but in the short cases closed in two weeks or less. through on the promise of his term the biggest factors driving Case volumes may go up 100 or 200 original vision and to get it right. rapid adoption are convenience, percent, but the efficiency improve- cost and accessibility. ments from ODR will enable the This will entail a major re-thinking courts to handle these increased ABOUT THE AUTHOR of how the justice system can volumes with no problems. Colin Rule is vice president for and should work. For example, As the adoption of ODR by Online Dispute Resolution at Tyler in Brazil, when you land in the courts continues to accelerate, grow- Technologies. Tyler acquired airport in Rio de Janeiro, there are ing from dozens to hundreds to Modria.com, an ODR provider Mr. signs over the baggage claim area thousands, there is a direct line back Rule co-founded, in 2017. From that say, “How was your flight? If to the future envisioned in professor 2003 to 2011, Mr. Rule was director you had a problem, why not file Sander’s 1976 speech. The algo- of Online Dispute Resolution for a lawsuit?” There are little mini- rithms ODR relies upon are getting eBay and PayPal. He has worked in courts right next to the baggage smarter and more powerful every the dispute resolution field for more claim where you can file your day, which means they are getting than 25 years as a mediator, trainer lawsuit at no cost. When I tell that more effective at sorting cases into and consultant. He is currently story to judges and lawyers in the appropriate resolution channels, co-chair of the Advisory Board of United States, they laugh because exactly along the lines professor the National Center for Technology it sounds so absurd. However, the Sander described in his original and Dispute Resolution at UMass- truth is this: Brazil has it right. speech. It is undeniably true that Amherst and a nonresident fellow Our justice system must radically the power of technology to resolve at the Gould Center for Conflict expand access through technology, disputes is dwarfed by the power of Resolution at Stanford Law School. and along with that expansion technology to generate new dis- Mr. Rule co-founded Online should come increased efficiency putes, but ODR can expand access Resolution, one of the first online in resolving disputes. Some call to justice, make courts operate more dispute resolution (ODR) providers, it “OnStar Mediation,” like the efficiently and encourage citizens to in 1999 and served as its CEO omnipresent buttons in cars where utilize the courts when a problem (2000) and president. you can get help any place, any arises as opposed to looking else- time. Every smartphone should where for assistance. ENDNOTES be a point of access to justice – the That is why ODR presents the 1. www.americanbar.org/news/abanews/ multidoor courthouse of tomorrow. greatest opportunity to expand aba-news-archives/2018/02/british_columbiaodr/. 2. adr.nmcourts.gov/uploads/files/ODR/ At eBay, we found users would access to justice in the last hundred ODR%20Pilot%20Project%20Order%20 rather lose their disputes quickly years. ODR can deliver on the (6_3_19).pdf. 3. jud.ct.gov/webforms/forms/CV169.pdf. than win their dispute and have promise of justice for all in ways 4. www.ncsc.org/Topics/Technology/Online- it take a long period of time – and professor Sander couldn’t have Dispute-Resolution/ODR.aspx.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 29 Access to Justice Tips on Delivering Limited Scope Legal Services By Jim Calloway

30 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL IMITED SCOPE REPRESENTATION (LSR) is not only a tool to expand access to justice, Lthese arrangements can also be a viable and profitable business model for lawyers, allowing them to provide their services in what is clearly an expanding marketplace.

A lawyer limiting the scope of A lawyer providing limited briefly, even though there will still his or her engagement is addressed scope representation under Rule be development in this area. in Rule 1.2 (c) of the Oklahoma 1.2 (c) of the Oklahoma Rules of First of all, it reduces the law- Rules of Professional Conduct Professional Conduct may draft yer’s risk and provides a better ser- provides, “A lawyer may limit the pleadings or other documents vice to the client to always have a scope of the representation if the for a pro se litigant to file with or written attorney-client agreement, limitation is reasonable under the present to a district court without whether that is signed by the client circumstances and the client gives the lawyer entering an appear- during an in-person visit with the informed consent.” This provides a ance in the matter. A lawyer lawyer or agreed to on an online rather simple, two-pronged test for shall disclose such assistance by form. The best practice is to include determining the appropriateness indicating their name, address, a clear list of what the lawyer will of delivering LSR to an individual. bar number, telephone number, do and not do, along with a list Previously, many lawyers were other contact information and, of other tasks that the client has unclear on exactly how to provide optionally, a signature on said to accomplish on their own. The these types of services in litigation pleading or other document with OBA Access to Justice Committee matters. Some judges had experi- the phrase “No appearance is is working on some sample attor- enced problems with individuals entered as counsel of record.” ney-client agreements which will presenting documents poorly be posted to the OBA Practice drafted by unqualified individuals LSR, also called “unbundling” Management Advice Forum on and had expressed critical views of legal service, means a lawyer MyOKBar Communities.1 of anonymously “ghostwritten” providing part, but not all, ser- The lawyer should document pleadings and proposed court vices required in a client’s legal making the appropriateness deter- orders, such as a dissolution of matter by agreement between the mination under the two-pronged marriage decree. So, there was a lawyer and the client. Since Rule 33 test of ORPC Rule 1.2 (c). conflict between avoiding enter- was adopted, I’ve taught several LSR will generally mean a lower- ing an appearance for full-scope CLE programs related to this sub- cost legal service, but it does not representation and avoiding being ject and will continue to do so for mean less competent or lower- inappropriately anonymous. county bar associations or other quality legal services. You owe Rule 33 of the Rules for District Oklahoma lawyer groups. the same duties of competence, Courts of Oklahoma (adopted June 19, diligence, loyalty and confidential- 2017) clarified the lawyer’s processes BEST PRACTICES FOR LSR ity to limited-scope clients that you related to these services in Rule 33. Best practices for delivering owe to full-service clients. Because Limited Scope Representation: LSR can be summarized rather the lawyer’s time interacting with

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 31 the client may be relatively brief, it modest fee to draft an answer and can answer and the types that must is very important that the lawyer cross petition for a client and then be referred to the lawyer. document everything about the explaining the next steps not only For those wishing to do a matter in great detail. Frankly, it prevented a default judgment from higher volume of this type of may be difficult for the lawyer to occurring, but also advanced the work, automated document assem- recall many details about this type matter for everyone’s benefit. bly is an important component. of representation if some criticism Your clients may appreciate help- Internet-based advertising with a is raised later without good notes, ful instructions and good coaching social media component will likely which may be partially done in a more than your finely drafted legal be required for those attempting to checklist-style format. documents. Information like where make this type of service delivery a substantial part of the practice. Social media promotion cannot be ignored. Even though lawyers have not traditionally done this, when goods or services are sold via the Limited scope representation services are likely internet, consumers expect to see pricing information. Most LSR rep- here to stay. resentation will be done on a flat-fee basis so many lawyers will conclude it is important to post pricing infor- mation online, with clear caveats about what is not included in that A lawyer has an affirmative to park for free, the hours of the price, such as court costs. duty to advise the client on related court clerk’s office and when certain LSR services are likely here to matters, even if not asked. For types of hearings are routinely held stay. Some lawyers will not provide example, a small claims plaintiff will be greatly appreciated by those these services, but, unlike many who has retained a lawyer under unfamiliar with the courthouse. outreaches for a lawyer’s time and an LSR arrangement to help orga- Embedding photographs of court money for pro bono work or char- nize exhibits and give pretrial offices within the documents may itable donations to help those less coaching before small claims be very helpful. For matters that fortunate, these services provide an matter is heard should also be told are anticipated to be uncontested, a opportunity to help provide low- something about judgments and script of what statements should be cost legal services that assist people how one goes about collecting them made and appropriate responses to who can pay some fee while also even if the client is focused more on questions the court may have will providing revenue to the law firm. the hearing than the aftermath. streamline the process for everyone Do not forget that if you are and reduce your client’s tension. preparing documents for a pro se These localized instructions ABOUT THE AUTHOR party to file with a court, you not highlight the fact that the lawyer Jim Calloway is the director of the only need to comply with Rule 33 understands the local processes OBA Management Assistance to include your information on within this particular courthouse Program. He served as chair of the the document, but you must also as opposed to an online service 2005 ABA TECHSHOW board. His include a pro se signature block provider located in another state Law Practice Tips blog and Digital for the client indicating a mailing who is advertising that they pro- Edge podcast cover technology address where responsive plead- vides similar services. and management issues. He ings can be served if things do not Lawyers who plan to do numer- speaks frequently on law office proceed as expected. ous LSR matters may record instruc- management, legal technology, Some lawyers may provide tional videos and post them online ethics and business operations. LSR only occasionally. In fact, one on a website only available to their northeastern Oklahoma lawyer told clients. If others in your office deal ENDNOTE me that she anticipated she would with these clients, they will need to 1. To access MyOKBar Communities, go to community.okbar.org (to log in, use your bar never deliver these kinds of services document any interactions as well number and MyOKBar password), then click the but had already encountered several and the lawyer should instruct them tab Communities > All Communities then select PRACTICE MANAGEMENT ADVICE FORUM. circumstances where charging a about the types of questions they

32 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 33 Access to Justice The Crushing Reality of Why We Need Plain Language Pro Se Court Forms By Elizabeth Govig

HEN ASKED HOW TO ADDRESS the ever-growing access to civil justice crisis, Wmost of you, Oklahoma’s lawyers, will say something to the effect of “more lawyers,” “more legal aid” or “more pro bono.” To be clear, I am a proponent of those solutions too – more engaged, active lawyers and lawyering is critical to the success of the profession. However, lawyers alone cannot solve the crushing problems facing our civil justice system.

Every year, Americans face as “bad luck/part of life” or as se court forms (e.g., plain language, 232.4 million civil legal problems.1 “part of God’s plan,” not as a legal use of white space, checklists, easy A civil legal problem emerges “at problem with potential remedies access), but they all build on one the intersection of civil law and through the justice system or a core principle: the average person everyday adversity” and routinely lawyer.7 Instead, people turn to must be able to read them. affects the most intimate aspects of community networks and vari- At a basic level, literacy is a person’s life: their family, home, ous forms of self-help rather than the ability to read, process and employment, finances, safety and seeking legal representation or understand the written word.10 health.2 Of these 232.4 million using the courts.8 Functional literacy is the ability to legal problems, roughly 80 percent In a perfect world, a lawyer read, understand and operational- (approximately 185.9 million prob- would treat and address every ize that information.11 A person is lems) of them go unaddressed.3 single one of these unaddressed computer literate if they are both The nation’s leading expert on or self-helped legal problems. literate and functionally literate, civil access to justice is Dr. Rebecca However, the reality is there are plus able to use a computer.12 Sandefur, an empiricist and too many problems, not enough Looking at national adult MacArthur “Genius Grant” Fellow lawyers and some of these prob- literacy studies, we know that 50 and native Oklahoman.4 Dr. Sandefur’s lems do not need full representa- percent of the population cannot research surfaces an astound- tion. In some situations, limited read a book that is on an 8th-grade ing reality – while there is the scope representation is the answer, level; 34 percent of the population perception that lawyers are too but for those with extremely lim- is considered marginally literate expensive, that is not the reason ited resources, we have to provide (5th through 8th-grade level); and why people do not seek out legal a way for them to help themselves. 20 percent of the population is help.5 Instead, people do not seek In response, states all across considered functionally illiter- legal advice because they do not the country have turned to plain ate (below a 4th-grade level). 13 identify their problems as being language pro se court forms as part Therefore, if we want to be able to legal.6 People describe these sit- of the solution.9 There are several communicate effectively with the uations (e.g., being evicted, losing widely recognized and accepted entire community, we need to tai- their job, being denied benefits) best practices for the creation of pro lor our writing at a 5th-grade level.

34 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL Being computer literate is something individuals like you and I take for granted. The data show that for roughly 43 percent of the population, the most com- plicated computer task they can complete is drafting and sending an email on a familiar platform.14 Another 26 percent cannot even turn on a computer.15 This means for roughly 70 percent of the pop- ulation, online forms and tutorials are not the answer. We must main- tain a current set of paper court forms. In fact, all across the country paper court forms, written using plain language, are the norm. Court forms must account for individuals who have low levels of literacy. Rather than saying, “The Plaintiff prays that this Court grant them the relief requested herein...” a plain language form would say, “The Plaintiff asks the Court to...” The “legalese” must go. Court forms are not just for self-represented individuals. By simplifying the process, we are easing the burden of the legal sys- tem as a whole. At least one party is unrepresented in 76 percent of cases.16 When such a “lopsided lit- igation” situation arises, a burden falls on the judge, clerk, opposing counsel and others to explain our complex and lawyer-made system

AUGUST 2019 | 35 to the self-represented individual. ABOUT THE AUTHOR 17. See “Legal Information v. Legal However, many, if not most, of Advice,” State Bar of Arizona, www.azbar.org/ Elizabeth Govig graduated from the lawyerconcerns/regulationofnon-lawyers/ the people with the ability to help TU College of Law with her J.D. in legalinformationvlegaladvice/ (last visited May 15, explain the system to the pro se 2019); “Asking for help with court matters,” Mass. May 2019. While in law school, she gov, www.mass.gov/info-details/asking-for-help- individual are afraid to do so was involved with the Community with-court-matters (last visited May 15, 2019). because they do not want to inad- 18. “Legal Information vs. Legal Advice: Advocacy Clinic where she focused Guidelines and Instructions for Clerks and Court vertently provide legal advice and on addressing civil access to Personnel Who Work with Self-Represented do not understand they can give Litigants in Texas State Courts,” www.txcourts. justice issues. She can be reached gov/media/1220087/legalinformationvslegal legal information without providing at [email protected]. adviceguidelines.pdf (last visited May 15, 2019). advice. In response, many states (Edited for use in Texas by: Texas Office of Court Administration Texas Access to Justice offer various resources to help ENDNOTES Commission Texas Access to Justice Foundation explain the distinction between 1. Gillian Hadfield, “Why Legal Aid and Pro Texas Legal Services Center). 17 Bono Can Never Solve the Access to Justice 19. Okla. Const. Art. II, §6. legal information and advice. Problem,” Gillian K. Hadfield Blog (Dec. 11, 2016), Legal information is defining gillianhadfield.com/2016/12/11/why-legal-aid- the process; legal advice is telling and-pro-bono-can-never-solve-the-access-to- justice-problem/. someone what they can do based 2. Sandefur, Rebecca L., “The Impact of on the facts of their case.18 Using Counsel: An Analysis of Empirical Evidence,” Seattle Journal for Social Justice: Vol. 9: Iss. 1, filing for divorce as an example, Article 3. 51, 52 (2010). informing an individual that in 3. Ethan Bronner, “Right to a Lawyer Can Be Empty Promise for Poor,” N.Y. Times, March 15, 2013, order to get divorced they need to www.nytimes.com/2013/03/16/us/16gideon.html. file a petition and an Application 4. See also Rebecca L. Sandefur, “Bridging the Gap: Rethinking Outreach for Greater Access to for Temporary Orders is legal Justice,” 37 U. Ark. Little Rock L. Rev. 721 (2015); information; telling the person Catherine R. Albiston & Rebecca L. Sandefur, “Expanding the Empirical Study of Access to what to plead based on their Justice,” Wis. L. Rev. 101 (2013); Rebecca L. specific facts is legal advice. Sandefur, “Elements of Professional Expertise: Understanding Relational and Substantive This distinction is critical. If Expertise through Lawyers’ Impact,” American we continue to hide behind the Sociological Review 80(5):909-933. 5. Rebecca L. Sandefur, “What We know shield of legal advice, we are only and Need to Know about the Legal Needs of furthering the historical practice the Public,” 67 S. C. L. Rev. 443, 450 (2016). 6. Id. at 449. of excluding people from the legal 7. Id. process. This is not acceptable. We 8. Id. at 448. 9. See “State-by-State,” Self-Represented can do better. Litigation Network, www.srln.org/taxonomy/ Lawyers are called to protect term/141 (last visited May 15, 2019). 10. See White, S., and McCloskey, M., the less fortunate and to uphold Framework for the 2003 National Assessment of the constitution of both our great Adult Literacy (NCES 2005-531). U.S. Department country and our state. Echoing of Education. Washington, D.C.: National Center for Education Statistics. (Defining literacy as “the the United States Constitution, the ability to use printed and written information to Oklahoma Constitution proclaims function in society, to achieve one’s goals, and to develop one’s knowledge and potential.”). that “The courts of justice of the 11. Justin Baer, et al., Basic Reading Skills and State shall be open to every person, the Literacy of America’s Least Literate Adults: Results from the 2003 National Assessment of Adult and speedy and certain remedy Literacy (NAAL) Supplemental Studies (2009). afforded for every wrong and for 12. OECD, Skills Matter: Further Results from the Survey of Adult Skills, OECD every injury to person, property, Skills Studies, OECD Publishing, Paris, doi. or reputation; and right and jus- org/10.1787/9789264258051-en (2016). 13. Katherine Alteneder, Why Now for a tice shall be administered without Community Response to Create Systemic A2J sale, denial, delay, or prejudice.”19 Solutions A Conversation on Civil Access to Justice in Tulsa (2018). Today, the courthouse doors are 14. Jakob Nielsen, “The Distribution of Users’ not equally open. It is our ethical, Computer Skills: Worse Than You Think.” NN/g Nielsen Norman Group (2016), www.nngroup. moral and legal duty and obliga- com/articles/computer-skill-levels/ (last visited tion to open them. Court forms are May 19, 2019). 15. Id. just the beginning of that process 16. Steinberg, Jessica, “A Theory of Civil but also the foundation. Problem-Solving Courts,” 93 NYU L. Rev. 101, 118 (2018).

36 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL

Taxation Law Section Note 2019 Oklahoma Tax Legislation By Sheppard F. Miers Jr.

The following is a summary of Clean-Burning Motor and cybersecurity employees who some of the changes in Oklahoma Vehicle Fuel Credits are employed by specified employ- law on state taxation enacted by The tax credits for investment ers in qualifying industries. The the Oklahoma Legislature in the in certain qualified clean-burning credit is allowed for taxable years 2019 session of the Legislature. motor vehicles and related fuel- beginning on or after Jan. 1, 2020, ing assets were modified and and before Jan. 1, 2030. The credit INCOME TAX extended. The amount of the credit may be claimed for a maximum of for investment in or conversion into seven years in annual amounts of Pass-Through Entity Tax a qualified clean-burning motor $2,200 for qualified employees with Equity Act of 2019 vehicle was modified and shall a bachelor’s or higher degree and The Oklahoma income tax be based upon the weight of the $1,800 for qualified employees with was amended by enactment of the vehicle. The rate of the credit for an associate’s degree in an accred- Pass-Through Entity Tax Equity assets and equipment for fueling ited program in cybersecurity, Act of 2019 to provide for computa- and recharging motor vehicles (e.g. computer science and engineering tion and payment of pass-through fueling station equipment) was or software engineering and related entity tax. A pass-through entity modified to be 45 percent of cost programs. Beginning Jan. 1, 2022, eligible to elect to pay the tax at (previously 75 percent). A statewide the credits allowed statewide are to the entity level is defined as an annual limit of credits allowed of be limited to $5 million annually.5 entity required to file an Oklahoma $20 million was enacted.2 partnership income tax return or Oklahoma First-Time Home file an Oklahoma S corporation Zero-Emission (Wind) Electricity Buyer Saving Accounts income tax return. A pass-through Generation Facility Credit The Oklahoma First-Time entity may elect to pay pass-through The Oklahoma income tax Home Buyer Saving Account Act entity income tax on the entity’s credit for electricity generated was enacted providing for indi- Oklahoma net entity income at the from certain zero-emission facili- viduals who reside in Oklahoma entity level, and Oklahoma income ties was amended to provide for a and have never purchased of an electing pass-through entity taxpayer to elect to carry forward a single-family residence in will not be passed through to credits for up to 10 years instead of Oklahoma to create a home buyer members of the entity for Oklahoma receiving an 85 percent refundable savings account. Contributions income tax purposes. An election credit upon claiming the credit for to the account shall be deductible for tax year 2019 must be filed by the tax year in which the credit for Oklahoma income tax pur- the entity within 60 days of the is earned.3 The credit was also poses, not to exceed $5,000 for an April 29, 2019, date of enactment. amended to provide that it shall be individual and $10,000 for joint Elections for subsequent years must allowed against Oklahoma income account holders who file a joint be made during the preceding tax tax for tax years ending not later tax return. The earnings from year or two months and 15 days than Dec. 31, 2021.4 the account shall be excluded after the beginning of the tax year. from income. The deductions and Elections and revocations of elec- Qualified Cybersecurity exclusion allowed may be claimed tions shall be made on forms and Employee Credit for an aggregate amount not to pursuant to procedures prescribed An Oklahoma income tax credit exceed $50,000. The withdrawals by the Oklahoma Tax Commission.1 was enacted for qualified software from the account are not taxable

38 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL if expended for eligible costs for Vehicle Manufacturing Credit Foster Child Care Deduction the purchase of a single-family The Oklahoma income tax The Oklahoma $5,000 income residence. Withdrawals for other credit allowed for employers and tax deduction for expenses related purposes shall be included in the employees of vehicle manufac- to fostering children was amended. account holder’s taxable income turing companies was amended A minimum six-month time period and subject to a 10 percent pen- to make the credit also apply to under contract was established as a alty. Funds held in an account automotive parts manufacturing.8 qualification requirement. A pro rata that are not expended on eligible monthly share of the annual deduc- costs within 15 years shall be Income Tax Checkoff Refund tion amount was added for periods included in the account holder’s Charitable Contributions under contract of six months or less.10 taxable income.6 The Oklahoma income tax checkoff refund charitable contri- Tax Credit Related Property Affordable Housing Tax Credits bution provisions were amended. Lease Restrictions The Oklahoma affordable The provision for donations to Oklahoma landlord and tenant housing tax credit was modified the Oklahoma Silver Haired law was amended to provide that by eliminating a restriction on Legislature-Excellence in State for dwelling units, acquired or availability of tax credits based Government Revolving Fund was improved in connection with an upon a certain population limit amended to provide it need not allocation of income tax credits and modifying the time period meet a minimum threshold of under Section 42 of the Internal that a credit may be carried refund contributions to be contin- Revenue Code, or 68 O.S. 2011, forward. Any credit claimed but ued. The checkoff refund provi- §2357.403, the owner shall have not used in a taxable year may be sion for contributions to regional the right to impose conditions or carried forward two subsequent food banks in the state was reau- decline to lease to a person based taxable years.7 thorized effective Jan. 1, 2019.9 upon prior felony convictions.11

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 39 Professional Licensing over the Internet will be required amended to apply to sales when The Oklahoma Psychologists to collect Oklahoma sales tax if administered, distributed or pre- Licensing Act was amended to its sales in Oklahoma are at least scribed by a practitioner authorized provide that the Oklahoma Tax $100,000 annually. That threshold is by law to do so. The definition of Commission shall notify any consistent with another state’s sales “practitioner” was amended to psychologist who is not in compli- tax law requiring remote sellers to include an allopathic physician ance with the income tax laws of collect the state’s sales tax, which and a clinical nurse specialist.15 the state, and the notification shall was held to be constitutional under include a statement that the Tax the Commerce Clause of the U.S. Rolling Stock Sales Tax Exemption Commission shall proceed by gar- Constitution in the landmark deci- The Oklahoma Sales Tax Code nishment to collect any delinquent sion of South Dakota v. Wayfair, Inc., was amended by modifying the tax and to collect penalty and 138 S. Ct. 2080 (2018).13 sales tax exemption for sale or interest due as a result of delin- lease of rolling stock as to the time quency until the psychologist is Sale Tax Exemption for Sales period during which the exemp- deemed to be in compliance by the to Community Providers of tion may be claimed.16 Tax Commission, the reasons for Manufacturing and Fabrication Tools noncompliance, the amount of tax, The Oklahoma Sales Tax Code Sales Tax Exemption; Sales to penalties and interest due or years was amended to provide exemp- American Legion tax returns have not been filed, an tion for sales to section 501(c)(3) The Oklahoma Sales Tax Code explanation of rights of the psy- nonprofits that provide commu- was amended authorizing sales chologist and procedures to follow nity access to advanced manufac- tax exemption for sales of tangible to come into compliance and other turing and digital fabrication tools personal property and services information deemed necessary by for purposes of science, technol- to certain entities related to the the Tax Commission.12 ogy, engineering, art and math American Legion.17 (STEAM) learning skills, develop- SALES AND USE TAX ing inventions, creating and sus- Unattended Food Establishments taining businesses and producing Legislation was enacted provid- Remote Internet Seller Sales Tax personalized products.14 ing rules governing the operation Collection Requirements Amendment of unattended food establishments. The Oklahoma Sales Tax Act Sales Tax Exemption An unattended food establishment provisions requiring a remote seller for Medical Devices shall obtain an Oklahoma sales register and collect Oklahoma sales The sales tax exemption for tax permit prior to conducting any tax on sales of tangible personal sales of prosthetic devices, durable sales and shall collect and remit property to customers in Oklahoma medical equipment and mobil- state sales tax as provided in the was amended. A remote seller ity enhancing equipment was Oklahoma Sales Tax Code.18

Apportionment of Revenue The Oklahoma Sales Tax Code was amended with respect appor- tionment of revenues derived pur- suant to the provisions of thereof and to restore funds appropri- ated from the State Highway Construction and Maintenance Fund and the Oklahoma Railroad Maintenance Revolving Fund.19

AD VALOREM TAX

Protests, Informal Appeal Decisions and Appeals to Board of Equalization The Oklahoma Ad Valorem Tax Code was amended with respect to valuation increase notices and

40 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL appeals procedure by modify- engaged in distribution as defined ALCOHOLIC BEVERAGES ing computation of certain time under Industry Number 49311 The Oklahoma Alcoholic periods. A taxpayer shall have 30 of the North American Industry Beverages Control Act was calendar days to file a protest of Classification System for which amended as to licensee record keep- increased valuation by the county the initial capital investment was ing to provide that if licensee has assessor. The county assessor must at least $180 million, if qualifying been previously audited by the Tax issue a written decision on an job creation and depreciable prop- Commission with an audit finding informal hearing within seven cal- erty investment occurred prior to that the licensee correctly reported endar days. The taxpayer may file calendar year 2017 but not earlier and kept sufficient records for audit an appeal from the county asses- than calendar year 2013.23 purposes, the next subsequent audit sor decision with the county board shall be limited to records kept of equalization within 15 calendar GROSS PRODUCTION TAX for one year prior to the date of days. A taxpayer may file a protest such audit, subject to changes in of valuation that has not increased Apportionment of Gross the limitation for incorrect or or decreased from the prior year if Production Tax insufficient records.29 the protest is filed on or before the The Oklahoma Gross Production first Monday in April.20 Tax Code was amended to modify TAX PROCEDURE AND apportionment of tax collected.24 ADMINISTRATION Appeals From Board of Equalization to District Court Clerical Amendments; Notice to Tax Commission The Oklahoma Ad Valorem Tax Amendment of Statute Text of Settlements Code was amended to modify the The Oklahoma Gross Production The Uniform Tax Procedure period of time for filing appeals Tax Code was modified with Code was amended to provide from the county board of equaliza- respect to certain references and for notice to the Oklahoma Tax tion to district court to within 30 cal- dates stated in the law.25 Commission in any action affecting endar days from the date the board ownership or right to possession of of equalization order was mailed, MOTOR FUEL TAX intangible personal property, such or in event the order was delivered, as a settlement of a court judgment, from the date of delivery.21 Remittance of Tax for the purpose of determining the The motor fuel tax was Tax Commission’s lien upon the Confidentiality of Law Enforcement amended with respect to provi- property involved therein in cases Officer Personal Information sions that relate to remittance of where notice of the lien of the state The Ad Valorem Tax Code tax and modifying the day of the has been filed and indexed.30 was amended to provide that month when tax is due and updat- law enforcement organizations ing statutory references.26 Limit on Participation in Voluntary shall be permitted to request that Compliance Initiatives county assessors keep certain MOTOR VEHICLE TAX The Uniform Tax Procedure information about undercover or A statute was enacted providing Code was amended to provide that covert law enforcement officers for vintage vehicle registration and no taxpayer shall be allowed to confidential, including home making such a vehicle subject to both participate in a statutory voluntary address and telephone number the motor vehicle excise and sales compliance initiative, enacted after pursuant to a court order issued taxes. A “vintage vehicle” is defined the effective date of the act, enti- pursuant to an affidavit of the by the law based on it being a pas- tling taxpayers to a waiver of pen- officer seeking confidentiality of senger automobile or truck, having alty, interest and/or other collection personal information be main- no more than two axles and the fees due on unpaid taxes if the tax- tained by the county assessor.22 history of the vehicle’s registration.27 payer has previously participated in a similar initiative except that Five-Year New Manufacturing FIREWORKS TAX such limitation shall not preclude a Facility Exemption Amendment taxpayer from seeking relief under The five-year ad valorem tax Licensing of Retail Sales the provisions of 68 O. S. §§219.1 or exemption for new manufac- The Oklahoma tax which 220 or when the Tax Commission, turing facilities was amended relates to sale of fireworks was in its judgment, authorizes a waiver to provide for an exemption amended extending the time for from the limitation.31 of an establishment primarily licensed retailers’ sales.28

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 41 An Empower Independent Contractors Act of 2019 was enacted to amend provisions of the Employment Security Act of 1980 with respect to the definition of the term “employment.”

MEDICAL MARIJUANA Wages Oklahoma Tourism Development Act The Legislature enacted The Employment Security Act of The Oklahoma Tourism legislation creating the Oklahoma 1980 was amended with respect to Development Act was amended to Medical Marijuana and Patient the definition of the term “wages,” make provisions of the act define and Protection Act (MPPA) and enact- to provide that if the Internal apply to an entertainment district as a ing statutory provisions governing Revenue Code provides that a tourism attraction and modify the act medical marijuana licenses subject payment made by an employer to with respect to inducements, applica- to requirements with respect filing an employee is considered to be tions, approvals and agreements.37 and payment of taxes related to a wages, that payment shall also be medical marijuana business.32 considered wages by the Oklahoma Incentive Payments Transfer Employment Security Commission The Small Employer Quality Jobs OKLAHOMA for the purposes of the act.34 Incentive Act was amended to pro- UNEMPLOYMENT vide that for any contract executed by INSURANCE TAX ECONOMIC DEVELOPMENT an establishment on or after Aug. 2, 2018, 5 percent of the quarterly Independent Contractors Oklahoma Quick Action Closing incentive payment amount shall An Empower Independent Fund; High Impact Film Productions be transferred by the Oklahoma Contractors Act of 2019 was The Legislature enacted Tax Commission to the Oklahoma enacted to amend provisions of the changes to the Oklahoma Quick Quick Action Closing Fund.38 Employment Security Act of 1980 Action Closing Fund and enacted with respect to the definition of the changes with respect to payments Repeal of Multiple Versions term “employment.” Services per- for high impact film productions; The Small Employer Quality formed by an individual for wages exempting specified production Jobs Incentive Act, 68 O. S. 2011, shall be deemed to be employ- from certain limits on payments; §3904, as last amended by Sec. 3, ment subject to the Employment establishing a mechanism for C. 144, O. S. L. 2018, (68 O. S. Supp. Security Act of 1980 if the services payments under specified circum- 2018, §3904), was repealed to elimi- are performed by the individual stances; and extending termina- nate multiple versions of the law.39 in an employer-employee relation- tion date for specified funding.35 ship with the employer using the Small Business Incubators 20-factor test used by the Internal Small Employer Quality Incentive Act Amendment Revenue Service in Revenue Ruling Jobs Incentive Act The provisions of the Small 87-41, 1987-1 C.B. 296. The Oklahoma Requirements for Incentives Business Incubators Incentives Act Employment Security Commission The Small Employer Quality were amended to provide that the shall have the exclusive authority to Jobs Incentive Act was modi- Oklahoma income tax exemption make a determination of whether fied with respect to qualification for a sponsor is allowed for tax an individual is an independent requirements for incentives under years ending before Jan.1, 2020. The contractor or employee.33 the act.36 exemption allowed for tenants of an incubator was modified.40

42 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL ENDNOTES 35. SB 200; amending 62 O.S. Supp. 2018, 1. HB 2665; adding 68 O.S. Supp. 2019, §48.2, 68 O.S. 2011, §3623, 68 O.S. Supp. 2018, §§2355.1P-1 through 2355.1P-4; amending 68 §§3624, 3625,3626; effective July 1, 2019. O.S. Supp. 2018, §2358, 68 O.S. 2011, §2365, 68 36. HB 2536; amending 68 O.S. 2011, O.S. Supp. 2018, §2368, 68 O.S. 2011, §§2370.2, §3904; effective July 1, 2019. and 2372; effective April 29, 2019. 37. HB 2748; amending 68 O.S. Supp. 2018, 2. HB 2095; amending 68 O.S. Supp. 2018, §§2393-2397; effective Nov. 1, 2019. §2357.22; effective Jan. 1, 2020. 38. SB 1041; amending 68 O.S. Supp. 2018, 3. HB 1263; amending 68 O.S. Supp. 2018, §3904, as last amended by Sec. 1, C. 191 O. S. L. §2357.32A; effective July 1, 2019. 2018; effective April 4, 2019. 4. SB 475; amending 68 O.S. Supp. 2018, 39. SB 1041; repealing multiple versions of 68 §2357.32A; effective Nov. 1, 2019. O.S. Supp. 2018, §3904; effective April 4, 2019. 5. HB 2759; adding 68 O.S. Supp. 2019, 40. SB 485; amending 74 O. S. 2011, §§5072, §2357.405; effective Nov. 1, 2019. 5075, 5078, and 68 O.S. 2011, §2359; repealing 6. SB 961; adding 46 O.S. Supp. 2019, 74 O.S. 2011, §5062.8a; effective Aug. 5, 2019. §§311-318, effective Jan. 1, 2020. 7. HB 1411; amending 68 O.S. Supp. 2018, §2357.403; effective Nov. 1, 2019. 8. HB 1884; amending 68 O.S. Supp. 2018, §2357.404; effective Nov. 1, 2019. 9. HB 2671; amending 68 O.S. Supp. 2018, §2368.2, 68 O.S. 2011, §2368.4, and 68 O.S. Supp. 2018, §2368.16; effective Nov. 1, 2019. 10. SB 893; amending 68 O.S. Supp. 2018, Section 2358.5-1; effective Nov. 1, 2019. 11. HB 2399; adding 41 O.S. Supp. 2019, §201; effective April 29, 2019. 12. HB 2195; amending 59 O.S. 2011, §1368; effective Nov. 1, 2019. 13. SB 513; amending 68 O.S. Supp. 2018, §§1392-1396; effective Nov. 1, 2019. 14. HB 2530; amending 68 O.S. Supp. 2018, §1356; effective Nov. 1, 2019. 15. HB 1262; amending 68 O.S. 2011, §1357.6; effective July 1, 2019. 16. SB 18; amending 68 O.S. Supp. 2018, §1357, effective July 1, 2019. 17. HB 1003; amending 68 O.S. Supp. 2018, §1356; effective July 1, 2019. 18. HB 1055, adding 63 O.S. Supp. 2019, §1-1118.1; effective April 25, 2019. 19. HB 2766; amending 68 O.S. Supp. 2018, §1353; effective May 24, 2019. 20. HB 1962; amending 68 O.S. Supp.2018, §2876; effective Nov. 1, 2019. 21. HB 1962; amending 68 O.S. Supp.2018, §2880.1; effective Nov. 1, 2019. 22. SB 679; adding 68 O.S. Supp. 2019, §2899.1; effective April 29, 2019. 23. SB 695; amending 68 O.S. Supp. 2018, §2902; effective Nov. 1, 2019. 24. HB 1852; amending 68 O.S. Supp. 2018, §1004; effective July 1, 2019. 25. SB 427; amending 68 O.S. Supp. 2018, §§1001.1 and 1004; effective Nov. 1, 2019. 26. SB 429; amending 68 O.S. 2011, §§500.18 and 500.20; effective Nov. 1, 2019. 27. HB 2664; adding 47 O.S. Supp. 2019, §1112.1A; effective Nov. 1, 2019. 28. SB 635; amending 68 O.S. Supp. 2018, §1623; effective July 1, 2019. 29. HB 1315; amending 37A O.S. Supp. 2018, §5-126; effective May 23, 2019. 30. HB 2734; amending 68 O.S. 2011, §234; effective July 1, 2019. 31. SB 402; adding 68 O.S. Supp. 2019, 216.5; effective Nov. 1, 2019. 32. HB 2612; adding 63 O.S. Supp. 2018, §§427.1-427.23, amending 40 O.S. Supp. 2018, §552, effective May 24, 2019; SB 1030; amending 63 O.S. Supp. 2018, 420, 425; adding 63 O.S. Supp. 2019, §427, amending sections 7 and 14 of HB 2612; effective Aug. 27, 2019. 33. HB 1095; amending 40 O.S. Supp. 2018, §1-210; effective Jan. 1, 2020. 34. SB 335; amending 40 O.S. Supp. 2018, §1-218, effective July 1, 2019.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 43 Bar News 2020 OBA Board of Governors Vacancies

Nominating Petition Supreme Court Judicial or three or more county bars may Deadline: 5 p.m. District Nine file appropriate resolutions nomi- Current: Bryon J. Will, Yukon nating a candidate for this office. Friday, Sept. 6, 2019 Caddo, Canadian, Comanche, Not less than 60 days before the Cotton, Greer, Harmon, Jackson, opening of the annual meeting, OFFICERS Kiowa and Tillman counties 50 or more voting members of President-Elect (Three-year term: 2020-2022) the association may file with the Current: Susan B. Shields, Nominee: Vacant executive director a signed peti- Oklahoma City tion nominating a candidate for Ms. Shields automatically becomes Member At Large the office of president-elect or vice OBA president Jan. 1, 2020 Current: James R. Hicks, Tulsa president, or three or more county (One-year term: 2020) Statewide bar associations may file appro- Vacant Nominee: (Three-year term: 2020-2022) priate resolutions nominating a Nominee: Vacant candidate for the office. Vice President If no one has filed for one of the Current: Lane R. Neal, SUMMARY OF vacancies, nominations to any of Oklahoma City NOMINATIONS RULES the above offices shall be received (One-year term: 2020) Not less than 60 days prior to from the House of Delegates on Vacant Nominee: the annual meeting, 25 or more a petition signed by not less than voting members of the OBA 30 delegates certified to and in BOARD OF GOVERNORS within the Supreme Court Judicial attendance at the session at which Supreme Court Judicial District Two District from which the member the election is held. Current: Mark E. Fields, McAlester of the Board of Governors is to be See Article II and Article III of Atoka, Bryan, Choctaw, Haskell, elected that year, shall file with the OBA Bylaws for complete informa- Johnston, Latimer, LeFlore, executive director, a signed peti- tion regarding offices, positions, McCurtain, McIntosh, Marshall, tion (which may be in parts) nomi- nominations and election procedure Pittsburg, Pushmataha and nating a candidate for the office of Elections for contested posi- Sequoyah counties member of the Board of Governors tions will be held at the House of (Three-year term: 2020-2022) for and from such judicial district, Delegates meeting Nov. 8, during Vacant Nominee: or one or more county bar associ- the Nov. 6-8 OBA Annual Meeting. ations within the judicial district Terms of the present OBA offi- Supreme Court Judicial may file a nominating resolution cers and governors will terminate District Eight nominating such a candidate. Dec. 31, 2019. Current: Jimmy D. Oliver, Stillwater Not less than 60 days prior to Nomination and resolution Coal, Hughes, Lincoln, Logan, the annual meeting, 50 or more forms can be found at www.okbar. Noble, Okfuskee, Payne, Pontotoc, voting members of the OBA from org/governance/bog/vacancies. Pottawatomie and Seminole counties any or all judicial districts shall (Three-year term: 2020-2022) file with the executive director a Vacant Nominee: signed petition nominating a can- didate to the office of member at large on the Board of Governors,

44 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL Photo Highlights Sovereignty Symposium XXXII Oklahoma City | June 5-6, 2019

1. From left, Oklahoma Supreme Court Chief Justice Noma Gurich, Oklahoma Supreme Court Justice Yvonne Kauger, Oklahoma Gov. Kevin Stitt, Oklahoma City Mayor David Holt and Cheyenne Peace Chief Gordon Yellowman

2. Baroness Emma Nicholson of Winterbourne and Oklahoma Supreme Court Vice Chief Justice Richard Darby 1.

2. 3.

3. Robert Henry, former judge of the 10th Circuit Court of Appeals and president of OCU; Kyle Dillingham, musician and composer; and Baroness Emma Nicholson of Winterbourne (seated)

4. From left, members of Chief Justice Gurich’s panel “Spiritual Traditions” Robert Joseph, senior lecturer, Research Centre Director MIG (Law), University of Waikato, New Zealand; Dean Bradford Morse, dean of law at the Faculty of Law, Thompson Rivers University, Kamloops, British Columbia, Canada; Lindsay Robertson, professor of law, OU College of Law; Rev. Kris Ladusau, Dharma Center of Oklahoma 4.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 45 6. 7.

5.

10.

9. Jay Scambler, moderator of the “Signs, Symbols and Sounds” panel, presents the flag of his birthplace, the United Kingdom, with Richard Hyde, incoming British Consul General, Houston, and Karen Bell, outgoing British Consul General, Houston.

10. From left, the “Economic Futures” panel, moderator and Director of Economic Development Jim Collard, Citizen Potawatomi Nation, is joined by panel members Terry Neese, Institute for the Economic Empowerment of Women; Oklahoma State Labor Commissioner Leslie Osborn; Gov. Reggie Wassana, Cheyenne and Arapaho Tribes of Oklahoma; Oklahoma Secretary of Native American Affairs Lisa Billy; Consul General of Canada In Dallas Douglas George; Oklahoma Superintendent for Public Instruction Joy Hofmeister; Oklahoma Corporation Commission Chair Dana Murphy; Melodye Blancett, Oklahoma House of Representatives; and State of Oklahoma COO John Budd.

11. Artist Jeri Redcorn with artist, former Oklahoma state senator and tribal leader Kelly Haney and vocalist Bill Davis

12. Lawyer and Muscogee (Creek) Nation Ambassador Jonodev Chaudhuri with Muscogee (Creek) Nation Principal Chief James Floyd

13. Silversmith and jeweler Kenneth Johnson presents his artwork to Baroness Emma Nicholson of Winterbourne

14. Oklahoma Supreme Court Chief Justice Noma Gurich with Oklahoma Court of Civil Appeals Vice Presiding Judge Deborah Barnes

All photos by Stu Ostler.

46 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL 5. From left, Colony Mayor Lonnie Yearwood and artist of the 2020 Sovereignty Symposium artwork Jim VanDeman

6. From left (standing), Assistant Chief Charles Randall, Delaware Tribe of Indians; Deputy Solicitor Kyle Scherer, Indian Affairs, U.S. Department of the Interior; Oklahoma Supreme Court Justice Yvonne Kauger; Baroness Nicholson of Winterbourne; Robert Henry; (seated) Principal Deputy Assistant Secretary John Tahsuda III, Office of the Assistant Secretary for Indian Affairs; and Chief Chester “Chet” Brooks, Delaware Tribe of Indians, at the Signing Ceremony

7. Oklahoma Supreme Court Justice Yvonne Kauger presents the 2019 Sovereignty Symposium Honored One Medal to Harvey Pratt, designer of the National Native American Veterans Memorial.

8. From left, Oklahoma Supreme Court Justice Douglas Combs moderates the “Concerns of the State, Tribal and Federal Judiciary” panel with Oklahoma County District Judge Richard Ogden, Oklahoma County District Judge Aletia Haynes Timmons, Adair County Associate District Judge Elizabeth Brown and retired Oklahoma Court of Civil Appeals Judge William Hetherington. 8.

9. 14. 12.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 47 11. 13. From the Executive Director IOLTA – Where You Bank Matters to Access to Justice!

This month, I’m lending my column to Renee DeMoss, executive director of the Oklahoma Bar Foundation, to highlight an important issue many Oklahoma lawyers may not know regarding their client trust accounts.

ID YOU KNOW THE BANKS Dholding your client trust funds can help pay for access to justice legal service grants in Oklahoma? Did you know the money gen- erated by the Interest on Lawyer Trust Accounts Program (IOLTA) accounts to pay these grants is highly dependent on the interest rate your bank pays on your trust accounts? Do you know what rate your bank pays? Do you realize that you can personally influence the rate your bank pays? It’s all true – where you bank does matter! It’s no secret that banks want the business of Oklahoma attor- neys. Attorneys are perceived as high-value clients. When an attor- ney opens an IOLTA account at a particular bank, the bank can earn community reinvestment credits. deposit client funds in secure the Oklahoma Bar Association. Also, the distinct possibility exists bank accounts, have on-demand The OBF is a separate nonprofit that the attorney will open other access to them for client use and corporation established under accounts there and refer the bank to refrain from gaining any personal section 501(c)(3) of the Internal other people he or she knows. Banks financial benefit from them. Revenue Code and uses the funds are very responsive to input and Any bank that wants to offer generated by IOLTA accounts to requests from their attorney clients. IOLTA accounts must first be award legal grants in Oklahoma. Attorneys are held to high approved by the OBA Office of the Rule 1.15 does not set a manda- standards of conduct in their General Counsel under Rule 1.15. tory interest rate that banks must treatment of client funds under If a bank is approved for IOLTA pay on IOLTA accounts. It simply Rule 1.15 of the Oklahoma Rules of accounts, it must send all inter- states at 1.15(h) that the rate “shall Professional Conduct. Safekeeping est earned on the accounts to the not be less than the rate paid by the Property. Attorneys must always Oklahoma Bar Foundation – not depository institution to regular,

48 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL non-lawyer depositors.” As a result, The ultimate goal is to ensure on IOLTA accounts. Your banks the rates different Oklahoma those banks approved to offer will raise their IOLTA interest banks choose to pay vary widely. IOLTA accounts pay the highest rates to benefit access to justice in Currently, those rates range from interest rates possible in order to Oklahoma if they know that you, an extreme low of .001 percent to raise the most money possible for their attorney clients, want this to a high of 1.66 percent. The average legal causes that are close to the happen. All you have to do is ask. rate paid by Oklahoma banks is hearts of lawyers. Since inception only .247 percent. of the program, the OBF has used Thank you to Executive Director Oklahoma attorneys often ask interest funds earned to award DeMoss for this and all the OBF’s the OBF which banks they should millions of dollars in IOLTA grants – contributions toward access to justice use to open their trust accounts in 2018, more than $500,000 went to in Oklahoma, and thank you to our and deposit client funds. The OBF 21 nonprofits across the state. members for continued commitment to office maintains a list of those It is those Oklahoma banks advancing justice in our state. specific banks that have chosen that have chosen to be leaders by to use the discretionary funds at paying the highest rates on IOLTA their disposal to pay the highest accounts that are true partners rates on IOLTA accounts. Those with Oklahoma lawyers in the banks are clearly committed to mission to provide access to justice advancing the cause of justice in in our state. Oklahoma. They are the preferred Oklahoma attorneys, your OBF Executive Director Renee banks for IOLTA accounts and can banks WILL answer questions DeMoss can be reached at be found on the OBF website at from you, their attorney clients, [email protected]. www.okbarfoundation.org. about the interest rates they pay

WHAT IS IOLTA?

The Interest on Lawyer Trust Accounts Program (IOLTA) was created in the early 1980s when a change in federal banking laws provided a way for lawyers to raise charitable funds to provide civil legal services "to people in need." These banking law changes allowed banks to begin paying interest on new demand deposit accounts to individuals or charitable organizations. So, attorneys who held funds of different individual clients that were incapable of earning interest, because they were too small in amount or to be held only for a short time, could pool the funds together in a single account to earn interest. All 50 states, the Virgin Islands and Puerto Rico now have IOLTA programs.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 49 Law Practice Tips Access to Justice and Productivity Gains for All Lawyers By Jim Calloway

CCESS TO JUSTICE IS THE consultative legal services relative lawyers have a great new Atheme of this issue of the to other goods and services. tool with Oklahoma Bar Oklahoma Bar Journal. I’ve had the From my perch as a state bar Intellidrafts. Oklahoma opportunity to review many of practice management advisor, I lawyers can sign up at oba. the articles in advance and this is interpret “lagging productivity” intellidrafts.com. The cost a very thought-provoking collec- as referring, at least in part, to the is $299 per year and, if you tion. Its content ranges from issues impact of technology advances in cancel within the first directly impacting the practicing other fields and businesses com- 30 days, your credit card will lawyer like delivering limited pared to the legal profession. not be charged. Automating scope legal services, the need for Whether you are practicing creation of routine legal more court reporters and the cre- people law or business law, the documents frees up lawyer dentials of courtroom interpreters challenge for the future is to and staff time for other tasks, to big picture subjects outside of an improve productivity. notably higher-value, higher- individual lawyer’s control such as As the volunteers from Lawyers level legal complex work. adopting online dispute resolution Helping Lawyers and others Even where a document (ODR) for some matters and the involved with our profession will requires heavy customiza- courts providing simplified court tell you, these productivity gains tion and a significant invest- forms for use by pro se parties. should not, and likely cannot, ment of the lawyer’s drafting Professor William Henderson be accomplished by attempting skill, the quick creation of the holds the Stephen F. Burns Chair to persuade or force lawyers – at first draft with an automa- on the Legal Profession at Indiana whatever their career level – to tion tool may benefit both University Maurer School of Law, work even longer hours. Many lawyer and client. and he has studied and written members of our profession are „„ Speech recognition. I’ve about the future of the legal pro- already at an unhealthy level of written many times in fession and the current challenges professional time commitment. these pages about my use of of improving access to justice. He So, productivity gains will Dragon NaturallySpeaking. has opined that there is ample evi- largely be a function of time-saving, (I use DNS Individual dence the legal profession is now technology-based tools, automation Professional Edition V15 divided into two segments, one and supervised delegation to others. which sells for $300. The serving individuals (people law) Many Oklahoma lawyers are Legal Edition V15 is $392.26 and the other serving businesses already utilizing different types of from Amazon and $500 (organizational clients), with these technology/productivity tools. Many from Nuance.com.) However, two segments having very differ- more have yet to implement them. Office 365 includes speech ent economic drivers and evolving Let’s check off a few examples. recognition at no charge. You in very different ways. He has need to log in to the online concluded the primary market „„ Automated document version of Word rather problem for legal is one of lag- assembly. Many tools exist than the desktop version. ging productivity that, over time, to automate creation of legal In that version, when you increases the price of traditional documents. Oklahoma have a document open, you

50 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL Access to Justice and Productivity Gains for All Lawyers

will see a microphone icon receptionist use that phone members can get member and the word “dictate” in to send out appointment discount information on six the Ribbon. If you have a reminders every day? of these tools. That informa- microphone attached to „„ Practice management tion is available in MYOKBar. your computer and turned software tools. Efficient law „„ Dual monitors. Multitasking on, you will be able to dic- office operations begin with is largely a myth. To do qual- tate into documents. This digital client files powered ity work, do one thing at a works well, but it is not as by practice management soft- time. However, having mul- fully featured as Dragon. ware tools. Smaller firms and tiple workspaces by using „„ Text messaging. My solo practitioners will prefer multiple monitors is a huge dentist’s office sends me cloud-based tools where the help. Your legal research can a reminder text message tech support is included in be located on one monitor the day before an appoint- the monthly fee and there while the brief you are ment. Appointment show is easy access to client files writing is on another. I know rates improve by 50 percent working from home or on most readers have already on average for businesses the road. Don’t forget OBA done this, but it is a simple, when this is done, accord- ing to Chelsey Lambert, CEO of the Lex Tech Review, who spoke on text messaging for lawyers at the 2019 OBA Solo & Small Firm Conference. There are some great tools to manage enterprise texting for businesses. One self- described “country lawyer” told me her simple solution for clients who want to text the lawyer was to buy the office a cheap mobile phone with an inexpensive data plan. That phone “lives” at the reception desk always plugged into the charger and the receptionist handles texts just like she answers phone calls. How simple would it be to have the

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 51 to create “polls” where all participants can indi- cate their availability. Office 365 has an add-on called FindTime that uses Outlook to do this Whether planning to make the delivery of limited by comparing calendars. Some lawyers use tools scope representation as efficient as possible like Calendy to let clients choose between times the or being better prepared to deal with a large lawyer has designated as being available. Calendy corporate client’s legal bill review auditors, integrates with Zapier to trigger responsive actions. productivity improvements are good for both Improving productivity is a lawyer and client. challenge, but hopefully the above examples can be instructive and the Law Practice Magazine issue I’ve cited contains many more ideas. Whether planning to make the easy and relatively inexpen- for Business” and “Get a delivery of limited scope repre- sive productivity boost. I push notification every sentation as efficient as possible use three monitors in my time you receive an email or being better prepared to deal office. Just saying. from your boss.” There are with a large corporate client’s legal „„ Documenting processes. many other flows avail- bill review auditors, productivity More automation is coming able from Microsoft or you improvements are good for both to many different types of can design your own. It lawyer and client. businesses in the future. should also be noted that You cannot automate what Zapier is another popular you have not fully docu- automation tool that is not Mr. Calloway is OBA Management mented. Even if your firm limited to working just Assistance Program director. Need never intends to automate within the Office 365 envi- a quick answer to a tech problem or certain processes, checklists ronment. The annual Big help solving a management dilemma? allow individuals working Ideas issue of ABA’s Law Contact him at 405-416-7008, on projects to proceed more Practice Magazine ( Ju ly/ 800-522-8060, [email protected]. 1 confidently and quickly August 2019) is available It’s a free member benefit! through a series of tasks. to read online and its „„ Automation tools. Many theme is “Saying Hello to ENDNOTES law offices have long used Automation.” It contains 1. www.americanbar.org/groups/ macros to automate some many interesting articles law_practice/publications/law_practice_ magazine/2019/JA2019/. document creation tasks covering topics from in word processing. Now artificial intelligence- Microsoft Flow allows powered contract review one to automate many to automating client intake tasks within all the tools to other lawyer workflow of Office 365. It’s probably automation. best to explain how these „„ Automating scheduling. work by citing examples. Scheduling via email When I log into Flow, when more than two two of the featured flows individuals are involved that one could add were can be a frustrating time “Save Office 365 email sink. Tools like Doodle attachments to OneDrive or TimeBridge allow you

52 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL

Ethics & Professional Responsibility Another Tragedy If You See Something, Say Something By Joe Balkenbush

NOTHER OKLAHOMA Unfortunately, in some cases there experiencing difficulties. Please – Alawyer has died by suicide, are no signs at all. Rather than if you see something, say something. leaving behind a spouse and two saying something, the friend or In 2016, the American Bar children. No one suspected he had colleague decides not to “poke Association in conjunction with the any issues. He was very success- their nose into someone else’s Hazelden Betty Ford Foundation, ful, had just been honored with business.” It is hard to insert your- conducted an in-depth study in membership in a prestigious legal self into the issues you perceive which 12,500 lawyers were surveyed. association and had an idyllic fam- someone else is having, but we Approximately one-third of lawyers ily, home and work life. Those left have to do something. The legal surveyed admitted to having mental behind likely have so many unan- profession is literally in crisis. health or addiction issues. swered questions and wonder As lawyers, we are trained to After the ABA/Hazelden study “How could I not have known? observe and ascertain the facts, was published, the National Task Is there something I missed?” use our powers of lawyerly deduc- Force on Attorney Well-Being The second tragedy of suicide is tion and arrive at a conclusion. performed a more in-depth exam- the life-long impact to those left That is exactly what we should ination of the results of the study behind. Your family, friends and do with our friends and col- and found that 50 percent of the colleagues are all affected. leagues who we think might be approximately 12,500 lawyers who There have been three responded to the study did not Oklahoma lawyer suicides in answer the questions regarding the last 2 ½ months. As we all their prescription drug use/abuse. know, lawyer suicide is much The following LHL Committee Using our “powers of the lawyerly more frequent than in the general members are available if deduction,” it logically follows population. “If you see some- you have any questions or that the actual incidence of mental thing, say something” is a popular need help. health or addiction issues among phrase we lawyers need to adopt lawyers is higher than one-third.1 and practice. The phrase can be „„ Peggy Stockwell The ABA recently stated that directly applied to lawyer suicide 405-321-9414 or health and wellness are every and the associated mental health [email protected] lawyer’s ethical and professional and addiction issues. Many times, „„ Clif Gooding responsibility. So, what does that close friends and/or colleagues 405-627-7772 or mean? It means that we must make recognize another lawyer is not time to ensure we are physically, [email protected] doing well. It could be the unre- mentally, emotionally and spir- „„ Hugh Hood turned phone calls, missed court itually healthy. These character- hearings, the attorney isolating 918-747-4357 or hugh@ istics are basic to our health and themselves or any number of other familylawoklahoma.com well-being. The ABA has pub- „ symptoms, but sometimes, the „ Travis Pickens lished an excellent article regard- signs are not always as dramatic 405-266-2033 or ing lawyer suicide.2 The topics or clear. It may be unusual impa- [email protected] covered in the article are: tience, or anger, at minor things.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 55 „„ What is Suicide? psychological and/or financial „„ Warning Signs of Suicide issues. As an OBA member bene- „„ Suicide Prevention fit, the services provided are free „„ How Suicide Affects Lawyers and confidential per Rule 8.3 „„ How to Help a Colleague of the Oklahoma Rules of Who Exhibits Warning Signs Professional Conduct.3 The contact number for LHL is PERSONAL WELL-BEING 800-364-7886. Additional informa- In that regard, how are you? tion regarding LHL can be found Have you stopped and taken the on the LHL website,4 by con- time to assess your own personal tacting the OBA Office of Ethics well-being? Are you taking care of Counsel at 405-416-7055 or an yourself? Are you taking time to LHL Committee member. ensure you are physically, mentally, The incidence of mental health emotionally and spiritually healthy? and addiction issues, along with You have got to take care of your- the simple fact that so many law- self! No one else is going to do it for yers are overwhelmed by the com- you. Your personal well-being must bination of personal and career be one of your priorities. Awareness responsibilities, have reached is the first step. Pay attention to how levels of grave concern. We must you’re feeling, what you are think- not only take care of ourselves, but ing and how you react to stressful must as a profession, take care of situations. Are you stressed out or each other. If you see a friend or overwhelmed? Are you depressed, colleague who you think may be anxious, irritable, lethargic, don’t having problems, have the courage have your usual spark? Are you suf- to talk to them about it. Check in fering from an addiction? Are your with those close to you occasion- personal relationships suffering? ally even if they seem fine. So If you think it is your problem often the simple act of reaching out alone and no one ought to care, you to someone can actually save a life. are wrong. Your colleagues, family, friends and clients all care. If you are hurting yourself, you are hurt- Mr. Balkenbush is OBA ethics ing them too! If you cannot help counsel. Have an ethics question? yourself for your own sake, please It’s a member benefit and all help yourself for theirs. Your illness inquiries are confidential. and premature death will devastate Contact him at [email protected] or those close to you. 405-416-7055; 800-522-8065. If you are in need of help in any way, the OBA Lawyers Helping ENDNOTES Lawyers Assistance Program 1. Report from the National Task Force Report, www.americanbar.org/groups/lawyer_ (LHL) is available to help you. assistance/task_force_report.html. 2. www.americanbar.org/groups/ lawyer_assistance/resources/suicide/. LAWYERS HELPING LAWYERS 3. Oklahoma Rules of Professional The OBA LHL Committee was Conduct, www.oscn.net/applications/oscn/ DeliverDocument.asp?CiteID=448827. created decades ago. There are 4. OBA Lawyers Helping Lawyers, numerous OBA members who 800-364-7886 or www.okbar.org/lhl. volunteer their time to help other lawyers in need. LHL is not just for alcoholics or drug addicts. The committee provides services to any OBA member who is experienc- ing physical, mental, emotional,

56 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL

Board of Governors Actions Meeting Summaries

The Oklahoma Bar Association Board ABA Bar Leadership Conference in Governor DeClerck reported he of Governors met Friday, April 19, at Chicago, OAMIC board meeting, attended the Garfield County Bar Lydie’s Cottage on the grounds of the Investment Committee meeting, Association meeting and OBA Marland Mansion in Ponca City. planning meeting following the Day at the Capitol. Governor special board meeting and various Fields reported he attended the APPRECIATION EXPRESSED meetings regarding 2020 planning. OBA Investment Committee Board members thanked meeting and Kay County Bar Governor Hermanson and the Kay REPORT OF THE Association reception and dinner. County Bar Association for the EXECUTIVE DIRECTOR Governor Hermanson, unable to reception and dinner in the Marland Executive Director Williams attend the meeting, reported via Mansion the previous evening. The reported he attended the YLD email he attended OBA Day at board voted to issue a resolution of meeting, funeral of Judge Davis, the Capitol, Oklahoma Uniform appreciation to the Kay County Bar meeting with the OAMIC presi- Jury Instruction Committee – Association for its hospitality. dent regarding Lawyers Helping Criminal meeting, multiple Lawyers Assistance Program meetings at the Capitol on legis- REPORT OF THE PRESIDENT funding, Investment Committee lation and budget issues, Victim President Chesnut reported he meeting, Legislative Monitoring Resource Fair in Ponca City and wrote his message for the May Committee meeting, ECU lawyers Perry, Law Enforcement Day bar journal, made appointments dinner, new member swearing-in at the Capitol and Kay County to the Professional Responsibility ceremony, meeting with Legal Aid Bar Association’s reception and Tribunal and spoke to the Cleveland Services of Oklahoma to discuss dinner at the Marland Mansion. County Bar Association and to new potential assistance with a grant, He chaired two District Attorneys bar admittees at the swearing-in CLE Task Force meeting, monthly Council board meetings, two ceremony. He attended OBA Day staff celebration and dinner with DAC Executive Committee meet- at the Capitol, OBA Investment the Kay County Bar Association. ings and two Oklahoma District Committee meeting, meetings Attorneys Association meetings. following the special board meeting REPORT OF THE He was also a presenter at the and the Kay County Bar Association PAST PRESIDENT Oklahoma Crime Victim’s Rights reception and dinner. Past President Hays reported Day ceremony at the Oklahoma she attended the OBA CLE Task Judicial Center. Governor Hicks REPORT OF THE Force meeting, OBA Family Law reported he attended the Tulsa VICE PRESIDENT Section monthly meeting, OBA County Bar Association past Vice President Neal reported he Professionalism Committee meeting presidents luncheon. Governor attended OBA Day at the Capitol, and Kay County Bar Association Hutter reported he attended the Law Day contest winner cere- reception and dinner. She received Bench and Bar Committee meet- mony, OBA Investment Committee a report of the OBA Women in Law ing. Governor McKenzie reported meeting and Kay County Bar Committee meeting. he attended the Oklahoma County Association reception and dinner. Bar Association Board of Directors BOARD MEMBER REPORTS meeting. Governor Morton, REPORT OF THE Governor Beese reported unable to attend the meeting, PRESIDENT-ELECT he attended the OBA CLE reported via email he attended President-Elect Shields reported Task Force meeting, OBA Day OBA Day at the Capitol, Cleveland she attended the funeral for Judge at the Capitol and Muskogee County Bar Association meeting Lisa Davis, OBA Day at the Capitol, County Bar Association meeting. and Kay County Bar Association

58 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL dinner. Governor Oliver reported REPORT OF THE YOUNG boot camp for which it is soliciting he attended the Lawyers Helping LAWYERS DIVISION sponsors. The committee contin- Lawyers Assistance Program Governor Nowakowski ues to work on reframing its mis- Committee meeting, OBA CLE reviewed plans for the upcom- sion statement. Vice President Neal Task Force meeting and Kay ing YLD Midyear Meeting. She said the Investment Committee County Bar Association reception attended OBA Day at the Capitol, discussed recommendations to and dinner. Governor Pringle OBA CLE Task Force meeting and give Administrative Director reported he attended OBA Day chaired the YLD board meeting. Combs more flexibility in invest- at the Capitol, OBA Legislative ing in short-term certificates of Monitoring Committee meeting REPORT OF THE deposit and will propose changes and chaired the quarterly meet- SUPREME COURT LIAISON to the investment policy at the ing of the Financial Institution Justice Edmondson said he committee’s next meeting. He said and Commercial Law Section. appreciated the hospitality of the the Law Schools Committee had Governor Will, unable to attend Kay County Bar Association in productive meetings at TU and the meeting, reported via email he hosting the reception and dinner. OCU. The committee will do work spoke to the Yukon Public Schools He reported Vice Chief Justice to revise its charter to strengthen American government class on Patrick Wyrick resigned from the relationship between the OBA the U.S. Constitution and on a the Supreme Court to accept a and the law schools. As staff liai- career as an attorney. Governor federal position with the Western son for the Law Day Committee, Williams reported he chaired District of Oklahoma, the new vice Communications Director Manning the Council Oak Johnson Sontag chief elected was Justice Richard said the committee’s Ask A Lawyer Inn of Court Pupilage Group VI Darby. With the recent retirement TV show and statewide free legal presentation of “Woodshedding announcement of Justice John Reif, advice events are set to take place Witnesses,” served as presiding he noted there are now two vacan- May 2. Event promotion is the top master for an OBA PRT reinstate- cies on the court. priority of everyone’s efforts with ment hearing, presented the Blake several TV and radio interviews Champlin Environmental Law BOARD LIAISON REPORTS planned. She said volunteers Student Award on behalf of the Governor Hicks said the to staff the Oklahoma City and OBA Environmental Law Section Clients’ Security Fund Committee Tulsa legal advice hotlines are at the TU College of Law annual met recently, and he shared one being recruited, and she hoped awards ceremony and presented claim discussed was for about all governors will be supporting a draft resolution for the amend- $500,000. On behalf of the Awards their local hotlines. Governor ment of CLE requirements at the Committee, Governor Nowakowski Oliver said the Lawyers Helping OBA CLE Task Force meeting. He encouraged board members to Lawyers Assistance Program attended meetings of the Tulsa submit nominations for the OBA Committee is excited about County Bar Association, Tulsa Awards. Governor Hutter said incorporating the ABA recom- County Bar Foundation and OBA the Bench and Bar Committee is mendations into Oklahoma’s Diversity Committee. He also interested in looking at social media program. Committee members attended the TCBA/TCBF past and judges. He said its VPO project are conducting phone interviews presidents luncheon, memorial is complete and is looking for future with other bar associations that service for Dennis F. Seacat and projects. Governor Williams said have adopted changes. He said Kay County Bar Association the Diversity Committee has set major revamping of the program reception and dinner. a day for its awards banquet and will require additional funding. has a tentative date for its LSAT On behalf of the Legislative

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 59 Monitoring Committee, Governor or unable to log in, the employee’s when other states have experienced Pringle thanked board members supervisor shall ensure the time- disasters. Executive Director for attending Day at the Capitol. keeping information is input for Williams said the OBA could pro- He said communications with the employee.” The board voted to vide the studio, and video produc- legislators was good, and there is amend the policy. tion services might be contracted interaction with the Office of the out if the OBA does not have the Governor. Past President Hays said OKLAHOMA DOMESTIC expertise. The board approved the the Professionalism Committee VIOLENCE FATALITY concept of the OBA moving into a is working on CLE planning. REVIEW BOARD partnership with Legal Aid Services. She reported the Women in Law The board approved President Committee set up tables at the Chesnut’s proposal to submit EXECUTIVE SESSION swearing-in ceremony reception the names and resumès of Karen The board voted to go into to boost new lawyer interaction Pepper Mueller, Oklahoma City; executive session, met in executive with the committee and has social Gail Stricklin, Oklahoma City; and session and voted to go back into events planned for May. She said Cindy Goble, Oklahoma City, to regular session. planning for the fall conference is the attorney general for consid- almost complete. eration and appointment of one APPROVAL OF person to the review board. The RETAINING COUNSEL REPORT OF THE term expires 6/30/21. The board voted to retain GENERAL COUNSEL counsel to represent Executive General Counsel Hendryx PROFESSIONAL Director Williams. reviewed the written report of RESPONSIBILITY TRIBUNAL PRC actions and OBA disciplinary The board approved President COUNCIL ON matters from Feb.15 to March 29, Chesnut’s reappointment of Ted JUDICIAL COMPLAINTS were submitted to the board for its Roberts, Norman; Linda Pizzini, President Chesnut announced he review. She said she is monitoring Yukon; Rod Ring, Norman; and has reappointed Cathy Christensen, the litigation in which Executive appointment of Linda Scoggins, Oklahoma City, to the Council on Director Williams is named as Oklahoma City, and William J. Judicial Complaints with a term a defendant. Baker, Stillwater, to the PRT. that will expire 6/30/2024. Their terms expire 6/30/2022. PERSONNEL POLICY AMENDMENT LEGAL AID PARTNERSHIP The Oklahoma Bar Association Board President Chesnut said an Executive Director Williams said of Governors met Friday, May 17, amendment to Section M on pay Legal Aid Services of Oklahoma at the Oklahoma Bar Center in periods and procedures in the is applying for a $1 million grant Oklahoma City. OBA Personnel Policy is needed for disaster preparedness. He met to remove obsolete language. The with a Legal Aid representative and REPORT OF THE PRESIDENT board voted to amend the sentence, several other persons to discuss President Chesnut reported he “If an employee is working off site the grant proposal. He suggested spoke at the Law Day luncheon or unable to log in, the employee’s producing a series of training videos and event in Wewoka, appointed a supervisor shall input time keep- that could be used in other states, three-person special commission ing information for the employee” not just Oklahoma. MAP Director for the hearing on a bar complaint to “If an employee is working off site Calloway has served as a resource against a PRC member, drafted a

Executive Director Williams said Legal Aid Services of Oklahoma is applying for a $1 million grant for disaster preparedness.

60 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL welcome letter for the Sovereignty OBA Professionalism Committee Governor Morton reported he Symposium, submitted candidate and Tulsa County Law Day lun- attended the Cleveland County names for the Oklahoma Domestic cheon. She participated in a Tulsa Bar Association monthly meet- Violence Fatality Review Board County selection committee for ing and helped staff the Law Day and made appointments of OBA two special judge positions. Ask A Lawyer hotline. Governor members to various requested Oliver reported he attended the committees and sections. He BOARD MEMBER REPORTS Payne County Law Day banquet, attended the Pittsburg County Governor Beese reported Oklahoma County Law Day Law Day banquet, Tulsa County he attended the Muskogee banquet, Payne County honor Law Day luncheon, Ottawa County Bar Association meeting. docket, Payne County courthouse County Bar Association monthly Governor DeClerck reported he appreciation luncheon and CLE meeting and Tri-County [Choctaw, attended the Garfield County Bar Task Force meeting. He also helped McCurtain and Pushmataha] Law Association meeting. Governor staff Payne County’s Ask A Lawyer Day banquet in Idabel at which Fields reported he attended the hotline. Governor Pringle reported he presented 50-year membership Pittsburg County Law Day ban- he presented at the Seminole certificates and pins. quet and the Tri-County Law Day County Bar Association Law Day banquet. Governor Hermanson event, helped staff the Ask A REPORT OF THE reported he served on the faculty Lawyer hotline and attended the VICE PRESIDENT at the Prosecutor’s Boot Camp Trial Oklahoma County Bar Association Vice President Neal reported he Advocacy Training and recruited Briefcase meeting. Governor Will attended meetings of the United volunteers from the Kay County reported he attended the Canadian Way of Central Oklahoma Executive Bar Association (including himself) County Law Day event at which Committee, United Way of Central to staff the week-long Kay County Judge Patrick Wyrick was the Oklahoma board meeting and Drug Store to educate middle speaker. Governor Williams United Way of Central Oklahoma school children on the dangers reported he attended the OBA CLE Community Investment Committee. of drug use. He presided at the Task Force meeting, Tulsa County Justice Assistance Grant Board Law Day luncheon, reception for REPORT OF THE meeting to hear presentations of the luncheon keynote speaker and PRESIDENT-ELECT proposals, Justice Assistance Grant OBA Diversity Committee meet- President-Elect Shields reported Board subcommittee meeting to ing. He also served as presiding she attended the Seminole County make recommendations to the full master for an OBA Professional Bar Association Law Day luncheon, board, Justice Assistance Grant Responsibility Tribunal show CLE Task Force meeting, meetings Board committee meeting to award cause suspension hearing, pre- regarding pending OBA matters and funding for successful applicants sented basic intestacy and estate worked on committee appointments. for the next two years, executive planning information for a Senior session of the District Attorneys Symposium community seminar REPORT OF THE Council, District Attorneys Council for senior citizens, helped staff EXECUTIVE DIRECTOR May meeting and Oklahoma the Tulsa County Ask A Lawyer Executive Director Williams District Attorneys Association’s hotline and both sponsored a team reported he attended the CLE Task May meeting. Governor Hicks and played in the TCBF Annual Force meeting, staff meeting on reported he attended the Tulsa Charitable Golf Tournament. security, monthly staff celebration, County Bar Association YLD Legislative Monitoring Committee Trivia Night fundraiser, reception REPORT OF THE YOUNG meeting and Law Day events in for Law Day luncheon speaker LAWYERS DIVISION Payne, Oklahoma, Pittsburg and Ziva Branstetter of the Washington Governor Nowakowski, unable Tulsa counties in addition to the Post, Tulsa County Law Day to attend the meeting, reported via Tri-County event. luncheon and Tulsa County Bar email she attended the ABA YLD Foundation Annual Charity Golf Spring Conference in Washington, REPORT OF THE Tournament. He also presented D.C. with Executive Committee PAST PRESIDENT a check from TCBF to Junior members Jordan Haygood and Past President Hays reported Achievement’s “BizTown” project. April Moaning. They attended she attended the OBA CLE Task Governor McKenzie reported he CLE and also had a private panel Force meeting, OBA Family Law attended the Oklahoma County discussion with Rep. Joe Kennedy Section monthly meeting/CLE, Bar Association Law Day luncheon. and Sen. Lindsey Graham, along

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 61 with congressional staff lawyers. seminar. She also reported the APPLICATION TO STRIKE They also attended a private Women in Law Committee has FOR FAILURE TO REINSTATE lecture in the U.S. Supreme essentially finished planning AFTER SUSPENSION FOR Court with Clerk Scott Harris. for its fall conference, social NONCOMPLIANCE WITH 2017 mixers are being held and they MCLE REQUIREMENTS EXECUTIVE SESSION have organized a drive to collect The board authorized Executive The board voted to go into supplies for Domestic Violence Director Williams to file the applica- executive session, met in executive Intervention Services. tion to strike for failure to reinstate session and voted to come out of after suspension for noncompliance executive session. REPORT OF THE with 2017 MCLE requirements. GENERAL COUNSEL BOARD LIAISON REPORTS General Counsel Hendryx APPOINTMENT OF Governor Hutter said the reported Executive Director COMMISSION TO ACT Solo & Small Firm Conference Williams and Administration UPON A GRIEVANCE Planning Committee’s event Director Combs are looking at AGAINST A PRC MEMBER is coming up with a black and building security. Threats seem to The board approved President white party as the kickoff social be increasing. Executive Director Chesnut’s appointment of Deborah A. event, training has been added Williams shared details. A written Reheard, Eufaula; William R. and the hotel deadline is a week report of PRC actions and OBA Grimm, Tulsa; and Stephen D. before the registration deadline. disciplinary matters from March Beam, Weatherford, to a three- Governor Williams said the 29 to April 26 were submitted to member commission to act upon a Diversity Committee is helping the board for its review. grievance against a PRC member. Legal Aid Services of Oklahoma promote the Second Annual APPLICATION TO SUSPEND BUDGET COMMITTEE Sonya L. Patterson Memorial Elder FOR FAILURE TO PAY 2019 DUES APPOINTMENTS Abuse Symposium to be held at Executive Director Williams The board voted to appoint to the Oklahoma Bar Center June 12. explained the process for suspend- the OBA Budget Committee: They are also working on planning ing and striking bar members. The Members of House of Delegates: an implicit bias CLE seminar for board authorized Executive Director Brandi Nowakowski, Shawnee; July. Governor Hermanson said the Williams to file the application to James R. Hicks, Tulsa; Michael W. Law Day Committee is reviewing suspend for failure to pay 2019 dues. Brewer, Oklahoma City; Peggy results from this year’s events and It was noted applying to the Kick It Stockwell, Norman; James C. will begin planning for 2020. Early Forward program and applying for Milton, Tulsa reports are the number of people associate status are still options. Board of Governors: Jimmy D. taking advantage of this year’s Oliver, Stillwater; D. Kenyon Ask A Lawyer free legal advice APPLICATION TO SUSPEND Williams Jr., Tulsa; Miles T. is about the same as last year. FOR FAILURE TO COMPLY WITH Pringle, Oklahoma City; Tim E. The TV show was outstanding. 2018 MCLE REQUIREMENTS DeClerck, Enid Committee Chair Kara Pratt will The board authorized Executive Attorney members: Jordan L. give a detailed report at the June Director Williams to file the applica- Haygood, Oklahoma City; Mike board meeting at the Solo & Small tion to suspend for failure to comply Mordy, Ardmore; Kimberly Hays, Firm Conference. Governor Oliver with 2018 MCLE requirements. Tulsa; Lauren Barghols Hanna, said Lawyers Helping Lawyers Oklahoma City; Deborah A. Assistance Program Committee APPLICATION TO STRIKE Reheard, Eufaula; Charles W. members are interviewing exec- FOR FAILURE TO REINSTATE Chesnut, Miami. utives at other state bars that AFTER SUSPENSION FOR have implemented changes NONPAYMENT OF 2018 DUES REDISTRICTING OF recommended by the ABA. The The board authorized Executive SUPREME COURT JUDICIAL committee will present recommen- Director Williams to file the DISTRICTS TO ALIGN WITH dations to make Oklahoma’s pro- application to strike for failure CONGRESSIONAL DISTRICTS gram more effective to the board to reinstate after suspension for Executive Director Williams soon. Past President Hays said nonpayment of 2018 dues. said the bill redistricting Supreme the Professionalism Committee Court judicial districts has been continues its planning for a CLE signed by the governor and will be

62 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL effective Jan. 1, 2020. The bill will Task Force meetings, YLD board attended a luncheon in Ponca reduce the court’s nine districts to meeting, meetings on legal City with Gov. Stitt, a drug five districts, the same as congres- matters, Legislative Monitoring court graduation, Noble County sional districts. The remaining four Committee meeting and monthly Public Safety Dinner and OBA seats will be designated as at-large. staff celebration. He served as a Legislative Monitoring Committee Implementation will not begin until panelist at a Hugh O’Brian Youth meeting. He gave a presentation at July 1, 2020. Options for transition- Leadership Conference, conducted the Tonkawa Legislative Breakfast, ing OBA boards and appointments staff evaluations and worked on attended attorney Fred Boettcher’s that mirror the nine Supreme Court disaster relief activation. funeral and spoke at the celebration districts were discussed.

LEGISLATIVE SESSION REPORT Executive Director Williams briefed board members on several pieces of pending legislation. Governor DeClerck talked to the Garfield County Bar Association president about putting together The Oklahoma Bar Association Board of Governors met Thursday, June 20, a program about domestic assault, partnering at the Osage Casino Hotel in Tulsa in conjunction with the Solo & Small with the YWCA or other related organizations. Firm Conference.

REPORT OF THE PRESIDENT President Chesnut reported he attended two CLE Task Force REPORT OF THE event. Governor Hicks reported meetings, gave the welcome at PAST PRESIDENT he attended the Tulsa County the Sovereignty Symposium, Past President Hays reported Bar Foundation meeting, OBA made appointments to the Board she attended two OBA CLE Task Access to Justice meeting and of Editors and Oklahoma Bar Force meetings, OBA Family Law Ethics in 18 Holes CLE seminar. Foundation and worked on Section meeting and received the Governor McKenzie reported he Annual Meeting details. report from the OBA Women in attended the Oklahoma County Law Committee. Bar Association board meeting REPORT OF THE and a Pottawatomie County Bar VICE PRESIDENT BOARD MEMBER REPORTS Association meeting. Governor Vice President Neal reported he Governor Beese reported Morton reported he attended the attended the Oklahoma County Bar he attended two CLE Task Legislative Monitoring Committee Association YLD happy hour event. Force meetings and the Legal meeting. Governor Oliver reported Internship Committee meeting. he attended a CLE Task Force REPORT OF THE Governor DeClerck reported he meeting, Lawyers Helping Lawyers PRESIDENT-ELECT talked to the Garfield County Bar Committee meeting and Payne President-Elect Shields reported Association president about put- County Bar Association monthly she attended two CLE Task Force ting together a program about meeting. Governor Pringle meetings and Oklahoma Attorneys domestic assault, partnering with reported he chaired the quarterly Mutual Insurance Co. board meet- the YWCA or other related orga- meeting for the OBA Financial ing. She also served as a panelist at nizations. Governor Hermanson, Institution and Commercial Oklahoma Girls State and did plan- unable to attend the meeting, Law Section and gave a legisla- ning for committee appointments reported via email he chaired the tive update presentation at the and other matters for next year. District Attorneys Council spe- OKC Rotary breakfast meet- cial meeting, District Attorneys ing. He attended the Oklahoma REPORT OF THE Council executive meeting, County Bar Association Briefcase EXECUTIVE DIRECTOR District Attorneys board meeting Committee meeting and OCBA Executive Director Williams and Oklahoma District Attorneys Young Lawyers Committee reported he attended two CLE Association board meeting. He happy hour. Governor Will

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 63 President Chesnut said the OBA had money budgeted for landscaping; however, security has become a higher priority, and funding may be reallocated.

reported he put together a team members to submit nominations. REPORT OF THE for the Oklahoma Bar Foundation The deadline is July 1. Governor GENERAL COUNSEL “Rock the Foundation” lip sync Will said the Bar Center Facilities General Counsel Hendryx battle. Governor Williams Committee will meet soon. reported the Professional reported he attended two OBA President Chesnut said the Responsibility Tribunal will have CLE Task Force meetings, Tulsa OBA had money budgeted for its annual meeting next week at County Bar Foundation meeting landscaping; however, security the bar center, and its membership and Second Annual Sonya L. has become a higher priority, will change at this meeting. Chief Patterson Memorial Elder Abuse and funding may be reallocated. Justice Gurich will speak at the Symposium. He was interviewed Governor Beese said the Legal meeting. General Counsel Hendryx by Channel 23 TV news regarding Internship Committee prepared reviewed the tribunal’s composi- the capture of the TCBF building proposed rules to streamline the tion. Governor Williams described graffiti vandals. application process for interns his experience on the PRT. Also, a working in law school clin- written report of PRC actions and REPORT OF THE YOUNG ics, removing requirements for OBA disciplinary matters from LAWYERS DIVISION background reporting and legal April 26 to May 31 were submitted Governor Nowakowski reported intern exam requirements. The to the board for its review. she attended the June CLE Task proposed changes will be sent to Force meeting and conducted the the Supreme Court for its consid- BUSINESS AND CORPORATE May YLD meeting via BlueJeans. eration. Vice President Neal said LAW SECTION AMENDMENT She said at the Solo & Small Firm the Law Schools Committee is OF BYLAWS Conference/YLD Midyear Meeting, discussing revisions to their char- Administration Director Combs the division will host its hospitality ter. Governor Oliver said Lawyers reported the section wants to raise suite Friday and Saturday nights Helping Lawyers Assistance dues from $15 to $20 annually. next to the pool with a limbo Program Committee is continuing The board approved the section contest Friday night in addition to research different options for dues increase. to hosting a cabana. restructuring. A presentation to the board will be made in the next BOARD OF EDITORS BOARD LIAISON REPORTS month or two. Governor Pringle APPOINTMENT Governor Hicks said he could said the Legislative Monitoring The board approved President not attend the Access to Justice Committee will hold its Legislative Chesnut’s appointment of Committee meeting, but the Debrief on Aug. 22 and is working Cassandra L. Coats, Vinita, to meeting notes are available online on confirming speakers. complete the unexpired term of in Communities. Governor Clayton Baker who has moved Nowakowski said the Awards from District 1. The term will Committee encouraged board expire 12/31/2020.

64 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL OKLAHOMA BAR LAW DAY REPORT Ballots will be counted June 24. FOUNDATION TRUSTEE Law Day Committee Chairperson He said James Bland, McAlester, The board approved President Kara Pratt and Vice Chairperson ran unopposed for the District 3 Chesnut’s appointment of Rachel Ed Wunch used a PowerPoint position and is deemed elected. Pappy, Oklahoma City, for a one- presentation to review the results year term expiring 12/31/2020. and impact of the contests, free UPCOMING EVENTS legal advice and TV show. Final President Chesnut reviewed CLE ANNUAL REPORT results were more than 3.44 million upcoming events and noted visit- Educational Programs Director total impressions across the state ing lawyers from Macedonia will Damron noted Jan. 1, 2019, the at a cost of $17 per 1,000. Total be coming to tour the bar center MCLE rule changed to allow mem- results were down from 2018, and learn more about the associa- bers to obtain all their 12 CLE hours attributed to a decrease in online tion. Governor Will mentioned the online. In July 2018, the switch news coverage and readership of OBF fundraising lip sync contest was made from Freestone back to major print publications; however, will take place next week. InReach as the online provider for increases were seen in billboards, the learning management system, TV and radio audiences and news SOLO & SMALL which allows members access to a release publication. A board mem- FIRM CONFERENCE variety of programming from other ber suggested including mock President Chesnut congrat- state providers. She said competi- trial schools in contest outreach. ulated Educational Programs tion continues to be difficult with The committee, assisted by the Director Damron and the rest of the number of providers and free Communications Department, the OBA staff for their work in CLE opportunities increasing. was complimented for its efforts. moving the conference location In-person and online registration only weeks before the event. numbers for 2018 increased slightly. STATE COUNCIL FOR She described their marketing INTERSTATE JUVENILE NEXT MEETING efforts and explained they are now SUPERVISION The Board of Governors met offering packages for discount Executive Director Williams via telephone conference in July. prices. Quality is a main selling said he has appointed Blake E. A summary of those actions will point. The OBA is still the number Lynch, McAlester, to the state be published in the Oklahoma one provider, but every year the council with a term to expire Bar Journal once the minutes are market share decreases. On average 6/30/2022. approved. The next board meeting there are only about five sections will be at 10 a.m. Friday, Aug. 23, that routinely co-sponsor semi- JUDICIAL NOMINATING at the Oklahoma Bar Center in nars with the CLE Department. COMMISSION ELECTION Oklahoma City. Despite the challenges, net reve- Executive Director Williams nue increased. She also noted the reported ballots were mailed June 7 department has a federal grant to to bar members in District 4 to do judicial training. select from three candidates.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 65 Bar Foundation News OBF Raises $26,094 at Lip Sync Fundraiser By Candice Pace

HE OKLAHOMA BAR nine lip sync teams of law firms, home the trophy for fundraising TFoundation held its first ever law schools and the YLD. Two lip champions by raising $6,000. They Rock the Foundation – Lip Sync sync trophies were awarded. One performed “Don’t Stop Believin’” for Justice fundraiser on June 27 at went to the fundraising champi- by Journey. 21c Museum Hotel in Oklahoma ons team and the other to the lip To determine the lip sync City. The event raised $26,094 sync champions team. All teams champions title, a panel of celeb- for access to justice programs raised money prior to the event rity judges scored each act based funded by the foundation. Dean and audience members were able on creativity, lip sync style, team Jim Roth from the OCU School to text to donate to their favorite enthusiasm and use of props. of Law was master of ceremonies teams during the show. Team The The celebrity judges were Justice and the competition consisted of Esq.Choir from Polston Tax took Douglas Combs of the Oklahoma

OBF President Jennifer Castillo and lip sync teams during encore performance

66 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL Fundraising champions from Polston Tax with emcee Dean Jim Roth and competition judges Oklahoma Supreme Court Justice Douglas Combs and Oklahoma Court of Criminal Appeals Judge Dana Kuehn

Supreme Court, Judge Dana Kuehn of the Oklahoma Court of Criminal ROCK THE FOUNDATION SPONSORS Appeals and OBA member and founder of Brides of Oklahoma mag- Participating Sponsors Hee Bee Gee Bees representing azine Ashley Bowen Murphy. Team Motley Crowe by Crowe & Dunlevy YLD sponsored by OBF Brief This! from The Rudnicki Firm Cole McLanahan by McAfee & Taft Past Presidents took home this trophy. The group The Devil’s Advocates by performed to a mix of sassy pop music consisting of five different Pierce Couch Event Sponsors songs, and the judges commented The Esq.Choir by Polston Tax OBA Family Law Section that all team members knew the Brief This! by The Rudnicki Firm Bank of Oklahoma words to all of the songs in the mix The Justice League from TU Bass Law very well. Also, audio problems College of Law sponsored Corebank during their performance inter- by GableGotwals OAMIC rupted the team, with their music Ladies Justice from OCU Derrick & Briggs stopping completely in the final School of Law sponsored Hartley Kelso PC song. A quick-thinking team mem- by Phillips Murrah McGill & Rodgers ber grabbed the emcee’s mic and Acapellant from OU College Tisdal & O’Hara confidently sang the words to “All I of Law sponsored by Do Is Win” by DJ Khaled so the team Fellers Snider could finish their performance.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 67 Lip sync champions from The Rudnicki Firm and OBF President Jennifer Castillo To end the night, OBF President Event photos can be found in Jennifer Castillo performed “I the Rock the Foundation 2019 Love Rock ‘n’ Roll” as all the par- photo album on the OBF Facebook ticipating teams joined in with her page, www.facebook.com/ for an encore. okbarfoundation. Plans for Rock the Congratulations to our winners Foundation 2020 will begin soon! Polston Tax and The Rudnicki Firm, and a special thank you to our President Jennifer Castillo Ms. Pace is director of development for coming up with this idea for and communications for the a creative and fun fundraiser! On Oklahoma Bar Foundation. behalf of the OBF board and staff, thank you to all of our lip sync participants, sponsors, emcee, judges and event attendees who helped make this event a success!

68 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL

Young Lawyers Division Things Are Heating Up This Summer By Brandi Nowakowski

T’S HARD TO BELIEVE WE months, the YLD has been heating the YLD Midyear Meeting. Despite Iare already more than halfway up along with the weather! June the challenges presented by unex- through the year! Despite the slower brought the much-anticipated Solo & pected Oklahoma weather which pace that accompanies the summer Small Firm Conference along with brought flooding to the original venue, the event was able to go on as scheduled at Osage Casino Hotel in Tulsa. Thanks to the excellent staff at Osage Casino Hotel, Solo & Small Firm Conference and the accompanying YLD festivities went off without a hitch! As usual, the YLD board conducted its meeting in conjunction with the confer- ence on Friday afternoon at a poolside cabana. Attendees were able to relax, conduct business and socialize with other young lawyers. Immediately following the meeting was an awesome pool party hosted by the General Practice/ Solo and Small Firm Section. Following tradition, the YLD also hosted its hospitality suite Thursday and Friday nights, co-sponsored by the Family Law Section, Labor and Employment Law Section and OAMIC. Special thanks to those partners that made the suite a splash! The tropical-themed suite was very well attended, providing an excellent opportunity for lawyers of every vintage to gather, network and socialize. Friday night even included a limbo contest! We had a blast and are thankful to everyone for coming out to enjoy the fun! In July, the YLD conducted its YLD board members mixing business with fun at the annual Midyear Meeting, held regular monthly meeting on July 20 poolside at Osage Casino Hotel in Tulsa during the 2019 Solo & Small Firm Conference. at the Oklahoma Bar Center. At this

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 71 YLD members show off their hard work. They assembled more than 300 bar exam survival kits, one for each person taking the July exam. meeting, the YLD board members and offer an encouraging smile and event and a potential outdoor fall assembled 319 bar exam survival good luck to everyone sitting for service project. Stay tuned for kits for all those applicants tak- the exam! This favorite tradition details; we’d love to have you join us! ing the July bar exam. These kits of the YLD wouldn’t be possible contain pencils, pens, erasers, gum, without the commitment and team candy, pain reliever, antacids and work of its board members. Ms. Nowakowski practices in other goodies to help make the Looking forward, the YLD will Shawnee and serves as the YLD exam just a tad bit easier for the be having its next meeting 10 a.m. chairperson. She may be contacted exam takers. Thereafter, board Saturday, Aug. 24, at the bar center. at [email protected]. Keep members met early on the first day We are also currently planning at up with the YLD at www.facebook. of the exam to distribute the kits least one upcoming Wills for Heroes com/yld.

YLD District 6 Director Tessa Hager and YLD Secretary Dylan Erwin keep an eye on the YLD members assemble bar exam limbo contest at the YLD hospitality suite during the Solo & Small Firm Conference. survival kits.

72 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL

For Your Information

JUDICIAL NOMINATING COMMISSION ELECTION RESULTS ANNOUNCED Attorneys James D. Bland of McAlester and David L. Butler of Lawton have been elected by the Oklahoma Bar Association members to six-year terms on the state Judicial Nominating Commission. IMPORTANT UPCOMING DATES Mr. Bland will represent Don’t forget the Oklahoma Bar District 3 of Atoka, Bryan, Center will be closed Monday, Sept. 2, in observance of Labor James D. Bland David L. Butler Carter, Choctaw, Coal, Cotton, Garvin, Haskell, Day. Be sure to docket the OBA Hughes, Jefferson, Johnston, Latimer, LeFlore, Marshall, McCurtain, Annual Meeting to be held in Murray, Pittsburg, Pontotoc, Pushmataha, Seminole and Stephens counties. Oklahoma City Nov. 6-8. He ran unopposed. He retired as district judge for the 18th Judicial District in January, after 25 years on the bench. Prior to his judicial career, he was in private practice in McAlester for 12 years. He currently serves as Pittsburg County Bar Association president and as a coach for the McAlester High School mock trial teams. Mr. Butler will represent District 4, comprised of Caddo, Cleveland, Comanche, Grady, Greer, Harmon, Jackson, Kiowa, McClain, part of Oklahoma (including Choctaw, Harrah, Luther, Midwest City, Newalla, Nicoma Park, Spencer and South of 89th Street), Pottawatomie, Tillman and Washita counties. He is a graduate of the OU College of Law and has been in private prac- tice since 1997 with his primary office in Lawton. He is a partner in Zelbst, ASPIRING WRITERS TAKE NOTE Holmes & Butler and his practice primarily focuses on civil litigation and We want to feature your work criminal defense. on “The Back Page.” Submit articles The Judicial Nominating Commission is charged with selecting related to the practice of law, or candidates for judicial appointments made by the governor. send us something humorous, transforming or intriguing. Poetry is an option too. Send submissions CLEVELAND COUNTY COURTHOUSE of about 500 words to OBA NAVIGATORS READY TO ASSIST VISITORS Communications Director Carol The Cleveland County Courthouse has implemented the Courthouse Manning, [email protected]. Navigator Project to provide courthouse guides to those without legal counsel. Finding one’s way around a courthouse can be a daunting experience, espe- cially for low-income Oklahomans who lack the means to obtain legal counsel. CONNECT WITH THE OBA The Courthouse Navigator Project was initiated by the Access to Justice THROUGH SOCIAL MEDIA Commission, in collaboration with AmeriCorps, Legal Aid Services of Have you checked out the OBA Oklahoma Inc. and the OU College of Law. The project stations volunteer Facebook page? It’s a great way law students within the office of the court clerk to provide basic logistical to get updates and information information and serve as guides for those visitors without representation, about upcoming events and the many of who are low-income Oklahoma residents. Oklahoma legal community. Like Since its inception in late February, courthouse navigators have assisted our page at www.facebook.com/ hundreds of visitors to the Cleveland County Courthouse. With continued OKBarAssociation and be sure to success, it is anticipated the project could be initiated at other county court- follow @OklahomaBar on Twitter and houses across the state. @OKBarAssociation on Instagram.

74 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL OBA MEMBER RESIGNATIONS The following members have resigned as members of the association and notice is hereby given of such resignation:

Harvey Martin Allen Victoria H. Hales Lauren Anne Peterson OBA No. 22353 OBA No. 12317 OBA No. 31929 P.O. Box 1269 1312 S. Indian Knolls Dr. 4331 S. Virginia Ave. Round Rock, TX 78680 Washington, UT 84780 Joplin, MO 64801

Dana A. Burch Jeffrey Russell Hanrahan Randy Lu Cunningham Robinson OBA No. 13069 OBA No. 3815 OBA No. 13410 22136 Westheimer Parkway #943 ConocoPhillips, Sr. Counsel 1472 Madrid Way Katy, TX 77450 P.O. Box 4783 Sandy, UT 84093 SP1-16-16-N135 Patrick Ryan Busby Houston, TX 77210 Carl Christopher Scherz OBA No. 21948 OBA No. 20420 3813 Coliseum St. Penny L. Hestand 2200 Ross Ave., Ste. 2800 New Orleans, LA 70115 OBA No. 4158 Dallas, TX 75201 4117 Granada Lane Spencer Marshall Coons Edmond, OK 73034-7175 Conly J. Schulte OBA No. 31520 OBA No. 31318 1650 E. Dana Avenue Anthony C. Liolios 9451 Mountain Ridge Dr. Mesa, AZ 85204 OBA No. 32050 Boulder, CO 80302 1300 S.W. Park Avenue, Apt. 210 Robert Michael Cunningham Portland, OR 97201 Matthew Thomas Sears OBA No. 11278 OBA No. 22296 391 Las Colinas Blvd. E John Oglesby Long 201 E. 86th St., Apt. 5C Suite 301-2006 OBA No. 11131 New York, NY 10028 Irving, TX 75039 9730 S. Park Circle Fairfax Station, VA 22039-2939 Phillip Aaron Taylor Julie Ann Demastus OBA No. 15597 OBA No. 13431 George H. Lowrey 4949 S. 76th E. Ave., Ste. 16-A 2733 Steamboat Circle OBA No. 10888 Tulsa, OK 74145-6623 Arlington, TX 76006 65 South 5th St. Columbus, OH 43215-4307 Katherine W. Winfree Cynthia Vanderpool Garcia OBA No. 9769 OBA No. 21755 John S. Nalley 14309 Gaines Ave. 12810 Maple St. OBA No. 31166 Rockville, MD 20853-2156 Silver Spring, MD 20904 Gasper Law Group 128 S. Tejon, Ste. 100 Russell Earl Wrigg Patrick Reed Greene Colorado Springs, CO 80903 OBA No. 33075 OBA No. 31380 800 Yauger Way SW, Unit F102 1007 N. Coolidge Eric Jondahl Nielsen Olympia, WA 98502 Wichita, KS 67203 OBA No. 31672 900 School St. NW Elk River, MN 55330-1336

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 75 OBA MEMBER REINSTATEMENTS The following members suspended for nonpayment of dues or noncompliance with the Rules for Mandatory Continuing Legal Education have complied with the requirements for reinstatement, and notice is herby given of such reinstatement.

Linda Jo Byford Norman Kyle Mccallum Rebecca Ross Seidl OBA No. 19754 OBA No. 19676 OBA No. 30425 4542 W. McElroy Road 102 W. Jackson Street Mayer Brown LLP Stillwater, OK 74075 Hugo, OK 74743-3310 700 Louisiana St., Suite 3400 Houston, TX 77346 Jade Caldwell Kirk Allen Moore OBA No. 31820 OBA No. 6344 Daniel Paul Stake 12316A N. May Ave., Ste. 216 1703 Meirwoods Drive OBA No. 8538 Oklahoma City, OK 73120 Spring, TX 77379 P.O. Box 202 Kingfisher, OK 73750 Nathan Seth Cross Barbara Dew Rupert OBA 22535 OBA No. 2329 Kim Lien Underwood 2 West 2nd Street, Suite 700 3917 N.W. 70th Street OBA No. 19243 Tulsa, OK 74103 Oklahoma City, OK 73116 4508 Baldwin Avenue Moore, OK 73160 Carl O. LaMar Jessica Justine Scruggs OBA No. 18203 OBA No. 30423 1107 W. Walnut Avenue 3126 Meadow Lark Ln. Duncan, OK 73533 Oklahoma City, OK 73120

LAWYERS GIVE FREE LEGAL ADVICE TO LHL DISCUSSION GROUP OKLAHOMA STORM SURVIVORS HOSTS SEPTEMBER MEETING Oklahoma lawyers offered no-cost, disaster-related legal advice to survivors of the recent storms. Through the Oklahoma Bar Association’s Disaster Relief program and a partnership with Legal Aid Services of Oklahoma (LASO), Oklahoma Indian Legal Services (OILS) and the American Bar Association Young Lawyers Division, legal help for those impacted by the storms has been provided in Canadian, Cherokee, Creek, Delaware, Kay, LeFlore, Logan, Mayes, Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Payne, Pottawatomie, Rogers, Sequoyah, Tulsa, Wagoner and Washington counties. “Oklahoma attorneys have a history of volunteering when disasters “How Do You Know if You Are strike, and with many people working together, we wanted to help in the an Alcoholic” will be the topic of recovery of Oklahomans who have suffered losses,” said OBA President the Sept. 5 meeting of the Lawyers Chuck Chesnut. Helping Lawyers monthly dis- Lawyers helped survivors with assistance securing FEMA and other gov- cussion group. Each meeting, ernment benefits; life, medical and property insurance claims; home repair always the first Thursday of the contracts and contractors; replacement of wills and other vital legal docu- month, is facilitated by committee ments destroyed in the disaster; consumer protection matters, remedies and members and a licensed mental procedures; mortgage-foreclosure problems and landlord-tenant problems. health professional. The group Leading the OBA’s efforts to help storm survivors was OBA Disaster meets from 6 to 7:30 p.m. at the Relief Committee Chairperson Molly Aspan. office of Tom Cummings, 701 N.W. 13th St., Oklahoma City. There is no cost to attend and snacks will be provided. RSVPs to onelife@ plexisgroupe.com are encouraged to ensure there is food for all.

76 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL Bench and Bar Briefs

ON THE MOVE

John K. Williams joined Fellers College of Law. Mr. Sessler’s work firm’s Tulsa office. She earned her Snider. His practice centers on concentrates on client advocacy, J.D. from the OU College of Law commercial law and business and he has experience with pre- in 1996. Ms. Lee is a civil litigator litigation and he received his J.D. paring motions at the federal and practicing estate planning, insur- from the OCU School of Law. state level. He received his J.D. ance, personal injury and auto from Harvard University in 2017. accident, social security and elder Krystle L. Hampton joined law in Tulsa. She graduated from Jennings Teague PC as an associ- Kim Tran joined Ogletree Deakin’s the TU College of Law in 2001. ate. Her practice will focus on civil Oklahoma City office as of counsel. litigation and general insurance She has experience in employment, Eric Loggin has opened Eric Scott defense. She received her J.D. from civil rights and commercial litiga- Loggin & Associates, where he the OCU School of Law in 2015. tion. She received her J.D. from the will be focusing on medical mal- OCU School of Law in 2006. practice, personal injury and crim- R. Ben Houston joined Talley, inal defense. The office is located Turner & Bertman. His practice David R. Jenkins joined the at 1811 S. Boston, Tulsa, 74119, and areas include personal injury, civil Hillsborough County Attorney’s can be reached at 918-576-6192. litigation, business and family law. Office in Manchester, New He graduated from the TU College Hampshire, where he will prose- Michael J. Blaschke, Rachel of Law in 1991. cute felony cases in superior court. Lawrence Mor and Dan. M Peters He received his J.D. from the OU relocated their individual offices Natalie J. Gilbert and Ryan P. College of Law in 2014. to Landmark Towers West, Suite Raupe joined Evans & Davis as 1000, 3555 NW 58th, Oklahoma associate attorneys. Both will focus Mugg and Winston has changed City, 73112. Previous telephone on estate planning, business plan- locations. The new address is 1008 numbers and email addresses ning, trust administration and pro- S. Bryant Ave., Suite 100, Edmond, remain the same. bate law. Ms. Gilbert received her 73034. Firm members include J.D. from the OU College of Law in Christin Mugg, Bria Winston, Boaz & Associates PC has 2017. Mr. Raupe earned his J.D. from Rebekah Burchfiel and Jennifer changed its mailing address. The the OU College of Law in 2018. Atkinson. They can be reached at new address is P.O. Box 32154, 405-705-2900. Edmond, 73003. Tynia A. Watson was elected as director in Crowe & Dunlevy’s James Harvey, Bob Howard, Cindy Hastie Murray has been Oklahoma City office and Robert D. Debbie Johnstone and G. Diane named director and shareholder Singletary joined the firm as a Lee have been named sharehold- for Phillips Murrah. She is a mem- director and Jordan E.M. Sessler ers of Riggs Abney. Mr. Harvey is ber of the firm’s Real Estate Practice as an associate. Ms. Watson a litigator based in the Oklahoma Group and represents individu- will continue to represent clients City office. His areas of practice als as well as privately held and as part of the firm’s Cannabis include civil litigation, criminal law public companies in a wide range Industry, Intellectual Property, and adoption. He received his J.D. of commercial real estate matters. Litigation and Trial and Energy, from the OCU School of Law in She received her J.D. from the OU Environment and Natural 1996. Mr. Howard practices in the College of Law in 1998. Resources practice groups. She areas of real estate, foreclosure and earned her J.D. from the OCU landlord/tenant law in the firm’s Philippa Tibbs Ellis joined The School of Law. Mr. Singletary’s Tulsa office. He graduated from Home Depot as assistant general practice will focus on environ- the TU College of Law in 1983. counsel – general liability. She ment regulation and water rights. Ms. Johnstone practices family received her J.D. from the OU He received his J.D. from the TU and consumer finance law in the College of Law in 1988.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 77 Kyle D. Freeman and Kent A. Mike Voorhees, Sharon Voorhees Carol J. Rolke joined the Bedlam Gilliland have been elected as new and Todd R. Wynne created Law Firm. She practices estate members of Hall Estill’s Executive Voorhees Voorhees & Wynne PA. planning and family law and Committee. Mr. Freeman concen- Offices are located at 1236 SW 89th graduated from the OCU School trates his practice in the corporate/ Street, Suite A, Oklahoma City, of Law in 2003. commercial area. He received his 73139, and their phone number is J.D. from the TU College of Law in 405-682-5800. Jonathan Brewer joined the 1998. Mr. Gilliland practices pri- Oklahoma Department of marily in banking and commercial Sandra Benischek Harrison has Transportation General Counsel’s finance with emphasis on energy been named vice president of Office as an assistant general lending. He received his J.D. from legal and regulatory affairs of the counsel. His practice will focus on the OCU School of Law in 1987. Oklahoma Hospital Association. plaintiff’s and defense tort litiga- She received her J.D. from the OU tion, and he graduated from the Col. Brent Wright has been pro- College of Law in 2000. OU College of Law in 2015. moted to brigadier general. He serves as the assistant adjutant gen- Ronald R. Tracy joined Munson & eral for the Oklahoma Air National McMillin as the practice leader for Guard and graduated from the TU the firm’s Litigation Section, with College of Law in 1992. a focus on oil and gas, real estate, construction and business litiga- Steven L. Holcombe has changed tion. He received is J.D. from the office locations. His new address Loyola Marymount School of Law is 700 Kihekah Ave., Pawhuska, in 1995. 74056, and his phone number is 918-287-8762.

AT THE PODIUM

Richard D. James presented Sandra Benischek Harrison “Automobile Accident Claim presented to White House staff Settlement from the Attorney’s regarding Medicare telemedicine Point of View” at the annual con- restrictions on behalf of the Center vention and leveling conference for Telehealth and ELaw, a non- of Mennonite Motorist Aid Inc. in profit based in Washington, D.C. Nashville, Tennessee. Kelli Stump moderated the Hot Chris Paul presented “NTSB Topics Panel at the 2019 National Investigations of Pipeline Accidents” Immigration Lawyers Conference at the annual American Petroleum in Orlando, Florida. Institute Conference in Phoenix.

78 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL KUDOS

Philip R. Bruce was named a Michael C. Turpen received a member of the Employers Counsel Compassionate Citizen of the Network, an affiliation of leading Year award from the Oklahoma lawyers and law firms across the Foundation for the Disabled U.S. and Canada, dedicated to Inc. He is a longtime supporter advising and representing employ- and had an instrumental role in ers in all facets of labor and employ- advancing the foundation. ment law and workplace disputes. Tricia Everest was inducted to the Shannon Prescott, a Muscogee Oklahoma Hall of Fame. Since the (Creek) Citizen, was sworn in as Oklahoma Hall of Fame’s incep- the first woman to ever hold a tion in 1927, 698 accomplished district judge position with the individuals have received this Muscogee (Creek) Nation. She commendation. serves primarily as a family law practitioner in Okmulgee County. Brandon Long was elected chair of the OCU School of Law Myriah Downs, Christa Executive Board. He succeeds Alderman and Mark Bright Emmanuel Edem, who served in were honored at the 50th Annual the role for more than 10 years. Oklahoma Department of Public Safety Awards Luncheon. Ms. Kelli Stump was elected secre- Downs and Ms. Alderman were tary of the National Executive the first civilians in Oklahoma Committee of the American Highway Patrol history to receive Immigration Lawyers Association, the Chief’s Special Recognition an associate of over 15,000 Award for their work reforming the immigration lawyers. state asset forfeiture system. Mr. Bright received the Commissioner’s Walters Jenny was elected pres- Award for his service to the ident of the Historical Society of Oklahoma Department of Public Washington County, Virginia. Safety in implied consent law. He recently completed a term as president of the Abingdon Rotary Hugh M. Robert was honored by Club and continues to serve on Iron Gate Ministries at their the Virginia Democratic Party 7th Annual Founders Dinner. He Central Committee. was one of the co-founders of Lawyers Fighting Hunger (LFH), Shane Henry was selected as a a 501(c)(3) whose mission is to feed Fellow of the American Academy the hungry. Since being found, of Matrimonial Lawyers (AAML). LFH has distributed over 145,000 The AAML was founded in 1962 cans of food, 6,175 turkeys and to “promote the highest degree of over 20,000 pounds of ham. professionalism and excellence” in family and marital law. Tony A. Scott was honored with a Distinguished Alumni Award at Samuel Fulkerson has been East Central University’s Evening elected as Fellow of the College of of Honors and Recognition. Labor and Employment Lawyers based on his character, integrity and professional experience.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 79 In Memoriam

red Boettcher of Ponca City aul F. Fernald of Oklahoma illiam Leiter of Tulsa died Fdied June 9. He was born PCity died June 11. He was born WMay 19. He was born March 3, March 16, 1939, in Phoenix. After June 12, 1940, in Bartlesville. He 1928. He received a B.S. in math- earning his Bachelor of Science graduated from OSU in 1963 and ematics from the University of from St. Louis University, he from the OU College of Law in Chicago and a J.D. from Stanford served as a special agent for 1965 before serving in the U.S. University. He practiced as an the USAF Office of Special Army and practicing law. He attorney in Tulsa for 64 years and Investigation. He was honorably published the courtroom drama was a remarkably intelligent man discharged three years later and novel SUCCUBUS in 1997 and was who will be remembered for his continued his military career as a a member of the Church of the kindness, decency and honesty. captain for the USAF Reserve. In Servant. Memorial donations may 1967, Mr. Boettcher partnered with be made to Whiz Kids Oklahoma, aul B. Lindsey of Oklahoma David R. Garrison to establish the 1700 NW 17th Street, Suite 100, PCity died June 20. He was born Ponca City law firm of Boettcher Oklahoma City, 73106. June 21, 1931. He attended OU and Garrison. From 1969 to 1974, where he graduated with a degree he served three terms as District ouglas G. Fox of Tulsa died in accounting and a minor in law. 37 representative in the Oklahoma DJune 16. He was born June 13, After graduation, he enlisted in House of Representatives. At the 1933. He graduated from Classen the Navy as an ensign, where he time of his death, he was a part- High School in 1951 and received served on the USS Beale for two ner in Boettcher, Devinney, Ingle his J.D. from the OU College of Law. years. He received his J.D. from and Wicker. Memorial donations At the time of his death he prac- the OU College of Law in 1957. may be made to the Ponca City ticed at GableGotwals. Memorial After practicing law in Tulsa, he Humane Society, The Mission donations may be made to the Fox returned to Oklahoma City to or a charity of your choice. Scholarship Fund at Monte Cassino be assistant commissioner and School or St. Joseph Monastery. counsel to Oklahoma Insurance ol. Robert A. Fairbanks of Commissioner Joe B. Hunt. In CNorman died June 4. He was odd Maxwell Henshaw of 1979, he was appointed fed- born July 9, 1944, in Oklahoma TSavannah, Georgia, died June 2. eral magistrate for the Western City. He graduated with a Bachelor He was born Nov. 19, 1950, in Tulsa. District of Oklahoma and subse- of Science in 1967, received his He received his J.D. in 1976 from quently a U.S. bankruptcy judge J.D. from the OU College of Law, Washington University in St. Louis, for the district. He retired in 1996 MBA from OCU, Master of Law where he served as editor of the and continued working as a visit- from Columbia University, Master Washington University Law Quarterly. ing judge throughout the county of Arts in medical science from He practiced bankruptcy law pri- for the next decade. Memorial Stanford University and a Master of vate practice and corporate litigation donations may be made to the Education from Harvard University. at James, Potts and Wulfers. He Nichols Hills United Methodist He was a professor of law and polit- was a member of the Tulsa County Church music program, the OKC ical science at several universities. Bar Association and was a diligent Philharmonic, the OU College of He served in the U.S. Air Force as servant to his clients and partners. Law or a charity of your choice. a contracting and manufacturing He was a talented photographer and officer, logistics officers and judge videographer and enjoyed making . Daniel Morgan of Tulsa died advocate. Mr. Fairbanks enjoyed things for his loved ones. JMay 31. He was born Sept. 9, fishing with his children and 1950, in Spartanburg, Kansas. grandchildren, coaching softball He received his Bachelor of Arts and serving as a Scout leader. from Vanderbilt University, J.D. from Memphis State University and Master of Law degree from the University of Pennsylvania. In addition to serving as president of

80 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL the Tulsa County Bar Association Following graduation, his first job Engineering in 1944 and the OU and holding numerous lead- as an attorney was at the Taylor College of Law in 1952. He was an ership positions within that Law Firm until he was hired as an accomplished attorney and worked organization, he served as chair- assistant district attorney in 1995. for both Phillips Petroleum and man of the United Way Legal His admiration of the law and pol- Sohio Petroleum until retiring Division and was a member of itics led him to run for the District 15 and establishing a private practice the Citizens Advisory Board for seat of the Oklahoma Senate. in Oklahoma City. He was admit- Persons with Disabilities. In his He was elected to the Senate in ted before the U.S. Supreme Court spare time, he enjoyed playing November 2000, where he served and the United States Circuit Court guitar, practicing yoga, riding his until the end of his subsequent of Appeals for the 1st, 5th, 7th, 9th motorcycle and spending time terms in 2012. Following his time and 10th circuits. He was a WWII with his daughters and grandson. in the Senate, he continued his veteran of the Pacific Theater Memorial donations may be made service as chief advisor and legal serving on the USS Saratoga to the Neuroendocrine Cancer counsel for the president pro tem- CV-3 and USS Floydsbay AVP-40. Awareness Network or the Tulsa pore of the Senate, vice president Memorial donations may be made Rotary Community Fund. of Government Relations for OU to the OSU Veterinary Health and senior policy advisor for the Science Center, American Cancer en. Jonathan E. Nichols of Office of the Speaker of the House Society or the Oklahoma Medical SNorman died June 5. He was of Representatives. Research Foundation. born Nov. 14, 1965, in Germany. He graduated from Muskogee High ichard F. Remmers of ames Earl Whitman of Tulsa School in 1984, Northeastern State ROklahoma City died May 6. Jdied June 25. He was born May 8, University in 1990 with a Bachelor He was born Dec. 29, 1922. He 1942. He received his J.D. from the of Arts in English and from graduated from Classen High TU College of Law in 1967. the OU College of Law in 1993. School in 1941, OU College of

HOW TO PLACE AN from you. Sections, committees, Submit news items to: ANNOUNCEMENT: and county bar associations The Oklahoma Bar Journal are encouraged to submit short Laura Wolf welcomes short articles or news stories about upcoming or recent Communications Dept. items about OBA members and activities. Honors bestowed by other Oklahoma Bar Association upcoming meetings. If you are an publications (e.g., Super Lawyers, Best 405-416-7017 OBA member and you’ve moved, Lawyers, etc.) will not be accepted as [email protected] become a partner, hired an associate, announcements. (Oklahoma based taken on a partner, received a publications are the exception.) Articles for the October issue must be promotion or an award, or given Information selected for publication received by Sept. 1. a talk or speech with statewide or is printed at no cost, subject to national stature, we’d like to hear editing and printed as space permits.

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 81 2019 ISSUES SEPTEMBER NOVEMBER Bar Convention Indian Law Editor: Carol Manning Editor: Leslie Taylor [email protected] OCTOBER Deadline: Aug. 1, 2019 Appellate Law Editor: Luke Adams DECEMBER [email protected] Starting a Law Practice Deadline: May 1, 2019 Editor: Patricia Flanagan patriciaaflanaganlawoffice@ cox.net Deadline: Aug. 1, 2019

2020 ISSUES JAUNARY AUGUST Meet Your Bar Children and the Law Association Editor: Luke Adams Editor: Carol Manning [email protected] Deadline: May 1, 2020 FEBRUARY Family Law SEPTEMBER Editor: Virginia Henson Bar Convention [email protected] Editor: Carol Manning Deadline: Oct. 1, 2019 OCTOBER MARCH Mental Health Constitutional Law Editor: C. Scott Jones Editors: C. Scott Jones & [email protected] Melissa DeLacerda Deadline: May 1, 2020 [email protected] Deadline: Oct. 1, 2019 NOVEMBER Alternative Dispute APRIL Resolution Law Day Editor: Aaron Bundy Editor: Carol Manning [email protected] Deadline: Aug. 1, 2020 MAY Diversity and the Law DECEMBER Editor: Melissa DeLacerda Ethics & Professional [email protected] Responsibility Deadline: Jan. 1, 2020 Editor: Amanda Grant [email protected] Deadline: Aug. 1, 2020

If you would like to write an article on these topics, contact the editor. 2019–2020 EDITORIAL CALENDAR 2019–2020 EDITORIAL

82 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL What’s Online

How to Take a Increase Your Job Security Winning Headshot in Case of Recession In the world of the internet and social media, potential While we are not currently in a recession, it never hurts clients are going to look you up online before they to take protective measures now to ensure proper career ever meet you. The headshot on your website and management. Read this article for 10 ways to increase social media speaks volumes about how you present your job security in case of a recession. yourself. Check out these tips to decide what you tinyurl.com/jobsecurity2019 want your headshot to convey and how to get there. tinyurl.com/winningheadshot

Get More Referrals Labor Day in Oklahoma Labor Day is right around the corner, and you don’t from LinkedIn have to go far to enjoy the celebration. Whether you Do you have a LinkedIn profile but aren’t quite like getting outside, taking a dip in the pool or staying sure how to use it other than as an online resume? indoors with the A/C, there’s no shortage of ways to Here is how you can leverage LinkedIn and celebrate Labor Day weekend in Oklahoma. make it a great referral source for you. tinyurl.com/OKlaborday tinyurl.com/linkedinreferrals2019

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 83

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THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 85 POSITIONS AVAILABLE POSITIONS AVAILABLE

JUDGE ADVOCATE GENERAL’S (JAG) CORPS for THE UNITED STATES ATTORNEY’S OFFICE FOR Oklahoma Army National Guard is seeking qualified THE EASTERN DISTRICT OF OKLAHOMA is seeking licensed attorneys to commission as judge advocates. an experienced, self-motivated attorney or licensed Selected candidates will complete a six-week course at paralegal to serve as a violent crime paralegal in our Fort Benning, Georgia, followed by a 10 ½-week military Criminal Division. Paralegals are responsible for law course at the Judge Advocate General’s Legal Center ensuring that violent crime referral meet agency and on the University of Virginia campus in Charlottesville, office standards for litigation; perform specialized legal Virginia. Judge advocates in the Oklahoma National research and writing in support of prosecuting federal Guard will ordinarily drill one weekend a month and criminal law violations with the emphasis on violent complete a two-week annual training each year. Benefits crimes; receive and analyze incoming pleadings and include low cost health, dental and life insurance, PX and correspondence; draft responses to motion to suppress, commissary privileges, 401(k) type savings plan, free trial briefs, memoranda of law and appellate briefs; CLE and more! For additional information contact 1LT support violent crime attorneys in court proceeding Rebecca Rudisill, email [email protected]. by briefing attorneys on pertinent facts, issues and case law; perform detailed, complex legal research WATKINS TAX RESOLUTION AND ACCOUNTING into the legislative history, precedent cases, decisions FIRM is hiring attorneys for its Oklahoma City and and opinions that may be applicable to criminal cases; Tulsa offices. The firm is a growing, fast-paced setting assist in creating and maintaining brief bank, topical with a focus on client service in federal and state tax research files and relevant forms for frequently filed help (e.g. offers in compromise, penalty abatement, motions and briefs; and research legal periodicals, innocent spouse relief). Previous tax experience is statutes, regulations and court rules, computerized not required, but previous work in customer service research including Westlaw, LexisNexis, CourtLink is preferred. Competitive salary, health insurance and and DOJBook. Federal violent criminal cases cover 401K available. Please send a one-page resume with a wide range of areas including firearms, narcotics, one-page cover letter to [email protected]. gang prosecutions, terrorism, human trafficking, child pornography and interstate child exploitation. To be an effective federal paralegal, the individual must ASSISTANT CITY ATTORNEY. Salary: $57,601.44- possess excellent research, writing, communication $94,177.82 annually dependent upon qualifications and organizational skills and the ability to work closely and experience. This full-time position will defend with U.S. attorney staff as well as federal, state, local and prosecute high-profile and complex civil law and tribal law enforcement agencies. It is not necessary suits; draft legal documents; advise city officials as to for applicants to possess a J.D. degree, be duly licensed legal rights, obligations, practices and other phases of or authorized to practice as an attorney under the applicable local, state and federal law; draft resolutions, laws of any state, territory of the United States, or the ordinances and contracts and prepare legal opinions. District of Columbia, but it is preferred. Applicants See job announcement for additional requirements. must have an academic degree from an accredited Applicants for the position must have graduated from college or university. Applicants should have superior an accredited law school, be a member in good standing research, writing and oral advocacy abilities, strong in the Oklahoma Bar Association and admitted to or academic credentials and good judgment. United States eligible for immediate admission to practice in the U.S. citizenship is required, as is a successful pre-employment District Court for the Western District of Oklahoma background investigation. Announcement will open on and the 10th Circuit Court of Appeals. Applicants must or about Aug. 12, 2019, and closes on or about Aug. 23, possess a valid Oklahoma driver's license. Interested 2019. To view and apply for this vacancy announcement applicants should submit an application, resume, law visit www.usajobs.gov. The U.S. Department of Justice school transcript and two samples of legal writing filed is an Equal Employment Opportunity Reasonable in legal proceedings to the City of Lawton, Human Accommodation Employer. Resources Department, 212 SW 9th Street, Lawton, OK 73501, 580-581-3392, Fax 580-581-3530. See job announcement at www.lawtonok.gov/departments/ human-resources/careers for additional requirements. Open until filled. EOE.

86 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

WE ARE A LONG-ESTABLISHED, PREEMINENT ESTABLISHED, AV-RATED TULSA INSURANCE INSURANCE FIRM with our primary practice being DEFENSE FIRM WHICH REGULARLY TAKES CASES medical malpractice insurance defense. We are TO TRIAL seeks motivated associate attorney to perform searching for an associate attorney with zero to five all aspects of litigation including motion practice, years’ experience for immediate placement. Our ideal discovery and trial. Two to 5 years of experience preferred. candidate must be highly motivated, possess excellent Candidate will immediately begin taking depositions verbal and written skills, with the ability, experience and and serving as second chair at jury trials and can expect confidence to interview witnesses, take depositions and to handle cases as first chair after establishing ability to work a case from inception through pretrial with little to do so. Great opportunity to gain litigation experience in no supervision. We are looking for a solid work ethic and a firm that delivers consistent, positive results for clients. someone who can quickly learn our practice management Submit CV and cover letter to “Box CC,” Oklahoma Bar program. We are a team-based environment and offer Association, P.O. Box 53036, Oklahoma City, OK 73152. excellent benefits and a competitive compensation package commensurate with experience. All replies OBA HEROES PROGRAM COORDINATOR. The are kept in strict confidence. Applicants should submit Oklahoma Bar Association has an opening for resume, cover letter and writing sample to emcpheeters@ coordinator of its Oklahoma Lawyers for America’s johnsonhanan.com. Heroes program. Duties include working with veterans, enlisted service members, guard and reserve CATHOLIC CHARITIES OF THE ARCHDIOCESE OF members to qualify them for free legal services and OKC SEEKING STAFF ATTORNEY – IMMIGRATION/ then match them with volunteer lawyers from across LEGAL SERVICES. Staff attorney will provide quality the state to assist them with their legal issues. The legal services to low-income individuals through coordinator also provides administrative support for assessing their eligibility for family based immigration OklahomaFreeLegalAnswers.org. Successful applicant benefits under the INA and related statutes, rules must be proficient in Word and Excel and have familiarity and regulations and, if such benefits are available, by working with databases. Strong organizational skills, representing them before applicable federal agencies or good communication skills and the ability to work court systems. Minimum qualification for consideration with minimal supervision are all important. This is a includes Juris Doctorate, admittance to Oklahoma state part-time position for approximately 20 hours/week at bar or other state bar which must always be maintained the bar center in Oklahoma City; working from home in good standing; fluent in the reading, writing and is not an option. Preference given to persons with speaking of Spanish; and one - two years of experience legal training and experience. Send resume to Heroes in providing family based immigration benefits under Coordinator Search, P.O. Box 53036, Oklahoma City, the INA and related statutes, rules and regulations. OK 73152 or by email to [email protected]. Interviews Competitive salary with excellent benefit package begin in mid-August. offered, job location in Oklahoma City. Submit cover letter with resume to [email protected].

THE OKLAHOMA BAR JOURNAL AUGUST 2019 | 87 The Back Page A Lawyer’s Suicide By R. Steven Haught

We did not see it coming A colleague disappears Mr. Haught practices in Oklahoma He seemed the same The daily routine is broken City and was inspired to write this Came to work every day A paralysis of will poem following the death of a Ate lunch with us An empty paper bag blowing friend. The OBA’s Lawyers Helping Drank cocktails with us down a highway Lawyers Assistance Program hotline Talked lovingly about with no control is available 24/7 at 800-364-7886. His wife, his daughters The computer screen is blank Nothing seemed awry A life timed out. And yet on a Sunday When all was quiet He decided to leave

His death crept into our office On a weekend When our guard was down Like a burglar with a ski mask Death made a sudden appearance Shattering the glass of our souls

The despair seeps silently Beneath our partner’s door Like odorless gas It appears without a warning sign

Unexpected death is dark and hollow with the absence left behind a moldy black box with no user guide

It hides in a corner Beneath a smile We cannot see the cobwebbed cloak As it waits for us to blink

88 | AUGUST 2019 THE OKLAHOMA BAR JOURNAL