• Annual Meeting Highlights • Bar Journal 2012 Index

Volume 83 u No. 33 u Dec. 8, 2012

ALSO INSIDE • Annual Meeting Highlights • Bar Journal 2012 Index

720.932.8135

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2633 *OUSPEVDJOHUIFnew and improved Workers’ Compensation QSPHSBN

OBA Plan Features: t8SJUUFOCZ5IF)BOPWFS BOi"wSBUFEDPNQBOZCZ".#FTU tPG0#"8$BDDPVOUTXJMM/05SFDFJWFBOBOOVBMBVEJU t)JHIMZDPNQFUJUJWFSBUFT t5IF)BOPWFSIBTBMPDBM 0LMBIPNB6OEFSXSJUJOH0óDF t%JSFDUCJMMJOHXJUIUIFPQUJPOUPQBZPOMJOFPSQBZCZQIPOFXJUIBDSFEJU DBSE EFCJUDBSEPSFDIFDL t'VMMTVJUFPGDPWFSBHFTJODMVEJOH#VTJOFTT0XOFST1PMJDZ $PNNFSDJBM"VUP IPNF BOEQFSTPOBMBVUP t#FBMF1SPGFTTJPOBM4FSWJDFTJTB4FMFDU"HFOUGPSUIF)BOPWFSJO 0LMBIPNBBOEPòFSTZPVUIFTBNFQFSTPOBMBOESFTQPOTJWFTFSWJDFPVS DVTUPNFSTFOKPZ

'PSNPSFJOGPSNBUJPOPSUPSFRVFTUBfree quoteDBMMPVSPóDF WJTJUVT BU www.bealepro.com PSTDBOUIFDPEFXJUIZPVSTNBSUQIPOF

800.530.4863 www.bealepro.com G JO

2634 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Theme: pg. 2668 Ethics & Professional Annual Meeting Responsibility Photo Highlights Editor: Pandee Ramirez

contents Departments Dec. 8, 2012 • Vol. 83 • No. 33 2636 From the President 2696 From the Executive Director 2697 Law Practice Tips 2701 Ethics/Professional Responsibility 2704 OBA Board of Governors Actions 2707 Editorial Calendar 2708 Oklahoma Bar Foundation News 2711 Access to Justice 2713 Young Lawyers Division 2715 Calendar 2716 For Your Information 2718 Bench and Bar Briefs 2722 In Memoriam 2728 The Back Page

pg. 2675 Oklahoma B 2012 Index ar Journal Features 2639 Bench and Bar Relations in the Digital Age Plus By Sheila Stinson and Collin R. Walke 2664 Justice Colbert to Serve as 2645 Client Communication: Chief Justice New Approaches to Old Problems By Gina Hendryx 2665 Judge Lewis Named Presiding Judge 2649 Negotiating Settlements Effectively 2666 Annual Meeting Highlights and Ethically By Ellen Adams 2671 Election Results: Lawyers in the Legislature 2655 Checklist of Policies and Procedures By Thad Balkman for an Ethical Law Practice By Travis Pickens 2672 Book Review: Hunting License 2661 Family Law Conflicts: When Can You Reviewed by Emily Duensing Represent a New Client Against a Former Client in a New 2674 2013 Committee Sign-Up Form Divorce Matter? 2675 Oklahoma Bar Journal 2012 Index By Jimmy Oliver

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2635 FROM THE PRESIDENT

A Winning Season for Team OBA By Cathy Christensen

As I write my final president’s letter of 2012, I honorable and noble profession harken back to my thoughts while drafting my first presi- — not because of the work of a dent’s letter on New Year’s Day 2012. At that time, I was in few, but rather because of the slow awe of the honor and responsibility of serving as your bar and steady efforts of many. Each president — and thankful for your trust. Now, as my term and every one of us represents the comes to an end, I am truly humbled to Oklahoma Bar Association and the have had this honor. Thank you for allow- legal profession ing me to serve as your president. It has “We accomplished in our daily pro- been the opportunity of a lifetime, and I everything on fessional prac- will forever cherish the experience and tice, our commu- the memories. Serving as your bar presi- my presidential nity involvement dent has been the highlight of my profes- initiative to-do list and our conduct. sional career. and then some.” No president I am grateful to the many people who can accomplish assisted me this year, particularly my family, the entire his or her presi- OBA staff and directors, Executive Director John Morris dential initiatives without the Williams and General Counsel Gina Hendryx. Our bar strength and power of teamwork. association is one of the finest in the country. In many areas Working together as a team, OBA of programs and member service, the Oklahoma Bar Asso- staff and committed volunteers ciation is considered the “gold standard.” came together and made 2012 a very successful year. We accom- I wish to thank the members of the plished everything on my presi- Board of Governors for their hard work dential initiative to-do list and and devoted service to our association. then some! Justice Yvonne Kauger served as the Supreme Court liaison to the board this SEASON HIGHLIGHTS year, and I very much appreciated her The OBA technology audit was wisdom, humor and friendship. I am completed earlier this year, and grateful for all of the OBA members who we are implementing the audit gave generously of their time and legal tal- recommendations. The OBA has ent in service to this association through purchased and in-stalled new section and committee work and special hardware and software, and more projects. is on order. In another 12 months I’d also like to thank all of the OBA or so, www.okbar.org will have a members who may not currently be active more attractive appearance, be President Christensen in the bar association; but nonetheless, more functional and be a better practices in Oklahoma City. represent our profession well each and tool for you to use in your law Cathy@ every day by your personal integrity and practice. Improvements in technol- CathyChristensenLaw.com ogy are not cheap, and change is 405-752-5565 your demonstrated respect for the profession, your clients and the general public. not easy, but please be patient. Your Each of you gives back to the legal profes- OBA staff is working to pace im- sion in many ways. We are members of an cont’d on page 2695

2636 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 OFFIC ERS & BOARD OF GOVERNORS Cathy M. Christensen, President, Oklahoma City James T. Stuart, President-Elect, Shawnee events Calendar Peggy Stockwell, Vice President, Norman Deborah A. Reheard, Immediate Past President, Eufaula DECEMBER 2012 Renée DeMoss, Tulsa 12 OBA Technology Committee meeting; 3 p.m.; Oklahoma Bar Center, Gerald C. Dennis, Antlers Oklahoma City with OSU Tulsa, Tulsa; Contact Gary Clark 405-744-1601 Glenn A. Devoll, Enid Kimberly Hays, Tulsa 13 OBA Diversity Committee meeting; 12 p.m.; Oklahoma Bar Center, O. Chris Meyers II, Lawton Oklahoma City with Tulsa County Bar Center, Tulsa; Contact Kara Smith D. Scott Pappas, Stillwater Nancy S. Parrott, Oklahoma City 405-923-8611 David A. Poarch Jr., Norman Ryland L. Rivas, Chickasha 14 Oklahoma Association of Black Lawyers meeting; 12 p.m.; Susan S. Shields, Oklahoma City Oklahoma Bar Center, Oklahoma City; Contact Donna Watson Bret A. Smith, Muskogee 405-721-7776 Linda S. Thomas, Bartlesville Jennifer Kirkpatrick, Oklahoma City, OBA Board of Governors meeting; 11 a.m.; Oklahoma Bar Center, Chairperson, OBA/Young Lawyers Division Oklahoma City; Contact John Morris Williams 405-416-7000 BAR Center Staff John Morris Williams, Executive Director; 15 OBA Young Lawyers Division meeting; 10 a.m.; Oklahoma Bar Gina L. Hendryx, General Counsel; Jim Calloway, Center, Oklahoma City; Contact Jennifer Kirkpatrick 405-553-2854 Director of Management Assistance Program; Craig D. Combs, Director of Administration; 17 OBA Alternative Dispute Resolution Section meeting; Susan Damron Krug, Director of Educational 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Michael O’Neil Programs; Beverly Petry Lewis, Administrator 415-232-2020 MCLE Commission; Carol A. Manning, Director of Communications; Travis Pickens, Ethics Counsel; 20 Oklahoma Justice Commission meeting; 2 p.m. Oklahoma Bar Robbin Watson, Director of Information Technology; Center, Oklahoma City; Contact Drew Edmondson 405-235-5563 Jane McConnell, Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, 24-25 OBA Closed – Christmas observed Tina Izadi, Debbie Maddox, Katherine Ogden, Assistant General Counsels; Tommy Butler, Tanner 31 OBA Closed – New Year’s Day observed Condley, Sharon Orth, Dorothy Walos and Krystal Willis, Investigators JANUARY 2013 Manni Arzola, Amy Baker, Debbie Brink, Emily Buchanan, Susan Carey, Johnny Marie Floyd, 1 OBA Closed – New Year’s Day observed Matt Gayle, Dieadra Goss, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, Durrel 3 OBA Lawyers Helping Lawyers discussion group meeting; Lattimore, Heidi McComb, Renee Montgomery, 7 p.m.; Office of Tom Cummings, 701 NW 13th St., Oklahoma City; Wanda Reece-Murray, Larry Quinn, Lori Rasmussen, Tracy Sanders, Mark Schneidewent, RSVP to Kim Reber [email protected] Jan Thompson, Laura Willis & Roberta Yarbrough OBA Lawyers Helping Lawyers discussion group meeting; 7 EDITORIAL BOARD p.m.; The Street Law Firm, 400 S. Boston Ave, Ste. 1100 W., Tulsa; RSVP Editor in Chief, John Morris Williams, News to Kim Reber [email protected] & Layout Editor, Carol A. Manning, Editor, Melissa DeLacerda, Stillwater, Associate Editors: 4 Swearing-in ceremony of Chief Justice Tom Colbert and Vice Dietmar K. Caudle, Lawton; Sandee Coogan, Chief Justice John Reif; 1:30 p.m.; Supreme Court Ceremonial Norman; Emily Duensing, Tulsa; Pandee Ramirez, Okmulgee; Mark Ramsey, Courtroom, State Capitol, Second Floor, Oklahoma City. Reception to Claremore; Joseph M. Vorndran, Shawnee; follow Judge Allen J. Welch, Oklahoma City; For more events go to www.okbar.org/calendar January Windrix, Poteau NOTICE of change of address (which must be The Oklahoma Bar Association’s official website: www.okbar.org in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. All rights reserved. Copyright© 20082012 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried P.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association 405-416-7000 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Toll Free 800-522-8065 FAX 405-416-7001 a month in january, February, March, April, May, August, Septem- Continuing Legal Education 405-416-7006 ber, October, November and December and bimonthly in June and Ethics Counsel 405-416-7055 July. by the Oklahoma Bar Association, 1901 N. Lincoln Boulevard, General Counsel 405-416-7007 Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- Law-related Education 405-416-7005 homa City, OK. POSTMASTER: Send address changes to THE OKLAHOMA Lawyers Helping Lawyers 800-364-7886 BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip- Mgmt. Assistance Program 405-416-7008 tions are $55 per year except for law students registered with the Mandatory CLE 405-416-7009 Oklahoma Bar Association, who may subscribe for $25. Active mem- OBJ & Communications 405-416-7004 ber subscriptions are included as a portion of annual dues. Any Board of Bar Examiners 405-416-7075 opinion expressed herein is that of the author and not necessar- Oklahoma Bar Foundation 405-416-7070 ily that of the Oklahoma Bar Association, or the Oklahoma Bar Journal Board of Editors.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2637 2638 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Ethics & PROFESSIONAL RESPONSIBILITY Bench and Bar Relations in the Digital Age By Sheila Stinson and Collin R. Walke

nline social media accounts for attorneys are ubiquitous. Many attorneys use these accounts for advertising, research Oon clients or opposing counsel’s clients, or to maintain contact with other members of the legal community. Given the new reality of online social media, the bench and bar must appreciate the effect of online relationships between the bench and bar. This article will examine the Oklahoma Judicial Ethics Advisory Panel’s opinion as to the propriety of online “friendships” between the bench and bar, the test for when a judge must recuse from a case and the procedure for disqualifying a judge for violation of the Oklahoma Judicial Ethics Advisory Panel’s opinion.

Obviously, there are many legitimate reasons judge may “friend” an attorney is critical for why a judge would want to be a member of a the bench. Of course, “friendship” is a two- social network — e.g., “reconnecting with law way street and attorneys must be just as sensi- school, college or even high school classmates; tive to these “perils” as the bench. Failure to increased interaction with distant family properly understand and appreciate the deli- members; staying in touch with former col- cate nature of online friendships could result in leagues; or even monitoring the usage of that a case being tried and adjudicated at the trial same social network by minor children in the court level, only to have the matter appealed judge’s immediate family.”1 Moreover, a “com- and determined that the trial court should plete separation of a judge from extra-judicial have recused — resulting in a second trial on activities is neither possible nor wise; a judge the exact same issues. should not become isolated from the commu- 2 OKLAHOMA JUDICIAL ETHICS nity in which the judge lives.” Still, “as with ADVISORY PANEL OPINION 2011-3 any public media, social networking sites are fraught with peril for judges…”3 Judicial Ethics Opinion 2011-3, 2011 OK JUD ETH 3, determined that, with restrictions, a Given the “perils” of social networking sites judge may hold an Internet social media for judges, a working understanding of when a account. A judge who owns an Internet social

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2639 media account cannot “add court staff, law enforcement officers, social workers, attorneys …there is no discernible and others who may appear in his or her court as ‘friends’ on the account.”4 However, “a difference between a judge’s judge may hold a social networking account that includes as ‘friends’ any person who does friendship with an attorney not regularly appear or is unlikely to appear in the judge’s court as long as he does not use the on a social networking site and a network in a manner that would otherwise violate the Code of Judicial Conduct.”5 judge having lunch with an In arriving at this decision, the Judicial Ethics Advisory Panel reviewed several other states’ attorney, playing tennis with an opinions and reports of disciplinary actions. According to the Judicial Ethics Advisory attorney, or engaging in a myriad Panel, of other activities… [t]he common theme of the opinions rendered in other states deals with the conflict that may arise between the use of the social them, the same considerations apply to network and the duty of the Judge, found interacting with lawyers on online social in all the Codes of Judicial Conduct, that is networking sites. “Accordingly, a per se the duty of the Judge to maintain the dig- prohibition of social networking with other nity of judicial office at all times, and avoid lawyers who may appear before a judge is impropriety and the appearance of impro- not mandated by the canons.”9 priety in their professional and personal lives, and to ensure the greatest public con- Instead, the court should look to several factors fidence in their independence, impartiality, in determining whether to interact on social integrity and competence.6 networking sites, such as: 1) the nature of the “The test for appearance of impropriety is social networking site; 2) the number of whether the conduct would create in reason- “friends” on the page; 3) the manner in which able minds, a perception that the judge violated the judge determines whom to add as a “friend” this code or engaged in other conduct that and 4) how regularly the attorney appears reflects adversely on the judge’s honesty, before the judge. impartiality, temperament or fitness to serve as This opinion was also held by a minority a judge.”7 The Judicial Ethics Advisory Panel number of members of the Florida Judicial Eth- emphasized that whether a posting would ics Advisory Committee. Their opinion argued mean that a party “was actually in a special position [in relation to the judge] is immaterial The logical extension of the majority’s as it would or could convey that impression.”8 opinion is that judges cannot be friends with any lawyer who appears before the Ultimately, then, the Judicial Ethics Advisory judge since there is no discernible differ- Panel believes that the use of social media ence between a judge’s friendship with an accounts by judges is generally appropriate. attorney on a social networking site and a Nonetheless, the bench may not friend those judge having lunch with an attorney, play- people likely to appear before the court or oth- ing tennis with an attorney, or engaging in erwise use the social media in such a way as to a myriad of other activities with attorneys give the perception that the judge’s impartiali- who appear before the judge…The exclu- ty, honesty, temperament or fitness to serve as sivity and selectivity by the judge in choos- a judge would be adversely affected. ing to spend time and enjoyment with This position is different than the opinion some attorneys and not others is far more reached by the California Judicial Ethics Com- apparent than “friendship” in the social mittee. That committee networking setting of the Internet.10 held that just as judges are permitted to Whatever persuasive value the above positions join social and civic organizations that hold, they are clearly not the same as the rec- include attorneys who may appear before ommendations of the Oklahoma Judicial Ethics

2640 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Advisory Panel. Therefore, a prudent attorney with the presiding judge of the administrative should avoid friending a judge if they regularly district for rehearing. Importantly, whether the appear before that judge. motion is set before the chief judge or the presiding judge, Rule 15(b) requires the written WHEN MUST A JUDGE RECUSE request for rehearing to be filed within five If a judge is “friends” with an attorney who days of the refusal to recuse, not after the jour- is before the court, when must the judge nal entry memorializing the refusal to recuse. recuse? The simplest option is to “unfriend” or The request for rehearing should be filed in the unfollow the attorney on the social media site. case, and a copy of the request should be If the issue cannot be easily resolved, the gen- “mailed or delivered to the chief judge or pre- eral law of disqualification provides that “due siding judge, to the adverse party and to the process requires every litigant receive a deci- judge who entered the original order.” sion that is the result of ‘the cold neutrality of If the party seeking to recuse the judge fails an impartial judge.’”11 Of course, yet again in his attempt, he “shall be granted [n]ot only must the judges presiding over not more than five days to institute a proceed- the courts be honest, unbiased, impartial, ing in the Supreme Court or the Court of and disinterested in fact, but it is of the Criminal Appeals for a writ of mandamus.” All utmost importance that all doubt or suspi- civil cases in which a writ of mandamus is sought cion to the contrary must be jealously must be brought before the Oklahoma Supreme guarded against, and, if possible, com- Court, and all criminal cases in which a writ of pletely eliminated, if we are to maintain mandamus is sought must be brought before the and give full force and effect to the high Oklahoma Court of Criminal Appeals. ideals and salutary safeguards written in BENCH AND BAR RELATIONS the organic law of the state.12 It is unclear why social media relationships Ultimately, a judge “shall disqualify himself or are discouraged between the bench and bar. herself in any proceeding in which the judge’s Actual interactions and acquaintanceship are impartiality might reasonably be questioned…”13 encouraged between our bench and bar, “The question of a judge’s appearance of impar- through bar association events, through inn of tiality is determined by an objective standard.”14 court functions and other various entities. Taking into consideration both the general Sometimes, judges are simply friends with the law governing recusal, and Judicial Ethics attorneys that practice before them. Perhaps Opinion 2011-3, it is clear that a judge should the reason why a virtual friendship is discour- recuse from a case in which the judge is aged is because the social media friendship can “friends” with an attorney via an online social be quantified, is potentially discoverable and media account. The judge’s honest belief that maintains a virtual footprint of any interac- he or she can be impartial is irrelevant.15 tions between the bench and bar.

THE PROCEDURE FOR RECUSAL 1. New York Judicial Ethics Opinion 08-176 (2009). 2. Kentucky Judicial Ethics Opinion JE-119 (2010) (citation omitted). Rule 15 of the Rules for District Courts gov- 3. Id. erns the recusal process for trial court judges. 4. Judicial Ethics Opinion 2011-3, 2011 OK JUD ETH 3, ¶¶1-4. 5. Id. at ¶7. According to Rule 15(a), “[b]efore filing any 6. Id at ¶6 (citing Preamble of Oklahoma Code of Judicial Conduct motion to disqualify a judge, an in camera (2), Canon 1, Rule 1, 2, etc.). 7. Id. at ¶6 (citing Canon 1, Rule 214 (C)), “A judge shall not convey request shall first be made to the judge to dis- or permit others to convey the impression that any person or organiza- qualify or transfer the case to another judge.”16 tion is in a position to influence the judge”) (emphasis in original). 8. Id. at ¶8. If the court does not satisfactorily resolve the 9. Maryland Judicial Ethics Committee, Opinion 2012-07 (2012) request, then “not less than 10 days before the (citing California Judicial Ethics Committee Opinion 66). case is set for trial, a motion to disqualify a 10. Cynthia Gray, “The Too Friendly Judge? Social Networks and the Bench,” 93 Judicature 230, 237 (May-June 2010). judge or to transfer a case to another judge may 11. Johnson v. Board of Governors of Registered Dentists of State of be filed and a copy delivered to the judge.”17 Oklahoma, 913 P.2d 1339, 1347 (Okla.1996) (citing Sadberry v. Wilson, 441 P.2d 381, 382, 384 (Okla.1968); Craig v. Walker; 824 P.2d 1131, 1132 If the court still refuses to recuse, then the (Okla.1992)). 12. State ex rel. Mayo v. Pitchford, 141 P. 433, (Okla.1914) (citation aggrieved party “may re-present his motion to omitted). the chief judge of the county in which the cause 13. Okla. Stat. tit. 5, §2.11(A). 14. Pierce v. Pierce, 39 P.3d 791, 797 (Okla.2001) (citing Johnson v. is pending.” If recusal of the chief judge is Board of Governors of Registered Dentists of State of Oklahoma, 913 P.2d sought, then the motion to recuse should be set 1339, 1348 (Okla.1996)).

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2641 15. Merritt v. Hunter, 575 P.2d 623, 624 (Okla.1978) 16. Rule 15, Rules for District Courts of Oklahoma, 12 O.S. 1991, Ch. 2, App. 17. Id.

About The AuthorS

Sheila Stinson primarily practices in the areas of business litigation, medical malpractice defense and real estate transactions in the Oklahoma City firm of Kirk & Chaney. A native of Boise City, she graduated magna cum laude from UCO in 1999, and earned her J.D. from the OU College of Law in 2002. She frequently presents to students on the dangers of mismanagement of social media.

Collin Walke primarily practices in the areas of complex business litigation, family law and insurance defense in the Oklahoma City firm of Kirk & Chaney. He graduated magna cum laude from the OCU School of Law and earned his bachelor’s Volume 78 u No. 35 u Dec. 22, 2007 degree in philosophy from OSU.

Court Material

To get your free listing on the OBA’s lawyer listing service! Just go to www.okbar.org and log into your myokbar account. Then click on the “Find a Lawyer” Link.

2642 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 You are not alone.

7 - 8:30p.m. • Thursday, Jan. 3 Topic: Maintaining a Strong Recovery Program

Oklahoma City Location Office of Tom Cummings 701 N.W. 13th St. Oklahoma City, OK Tulsa Location The Street Law Firm 400 S. Boston Ave. Suite 1100W Tulsa, OK

Contact Kim Reber @ 405-840-0231 • [email protected] LAWYERS HELPING LAWYERS DISCUSSION GROUP

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2643 2644 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Ethics & PROFESSIONAL RESPONSIBILITY

Client Communication: New Approaches to Old Problems By Gina Hendryx

he Office of the General Counsel receives approximately 1,500 complaints annually alleging improper behavior by an Okla- Thoma licensed attorney. In 2011, the primary concern in 43 percent of the complaints was neglect of the client or the matter. And, this is not an anomaly. Year after year, the chief complaint received is that the lawyer is not being responsive to the client. His- torically, clients complained of delay in the return of phone calls, not being informed of court dates, or kept up to date on the status of their matter. These concerns have not abated. However, with the increased methods of communication including social media, these concerns have morphed beyond the simple, “My lawyer won’t return my phone call.” Complaints now include neglect via Face- book, email, texting, Twitter and FaceTime.

Are you using one or more of these methods • Consult with the client about the means by to keep a client informed? If so, it is important which the client’s objectives are to be to remember that traditional rules of client con- accomplished; fidentiality, diligence, and competence still • Keep the client reasonably informed about apply to nontraditional approaches to client the status of the matter; contact. • Promptly comply with reasonable requests Oklahoma lawyers have a professional duty to for information; and keep their clients informed about their case or representation. Oklahoma Rule of Professional • Explain any relevant limitation on the Conduct (ORPC) 1.4 requires the lawyer to: lawyer’s conduct when the lawyer knows that the client expects assistance not per- • Inform the client of any decision or circum- mitted by the Rules of Professional Con- stance with respect to which the client’s duct or other law. informed consent is required by the rules;

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2645 The most common complaint is that the law- deviate from that rule only in limited circum- yer will not respond to the client’s repeated stances, and you will have a better attorney/ requests for contact with the lawyer. Tandem to client relationship. this complaint is that the matter is taking too ANTICIPATE YOUR CLIENT’S long and the lawyer is neglecting the legal COMMUNICATION NEEDS needs of the client. Along with the duty to keep the client informed, the lawyer must also act Your client is calling to find out if her case with reasonable diligence and promptness in has been filed. You delay returning the call representing a client (ORPC 1.3.). Studies have until you get the case filed. The client calls shown that clients often have unrealistic expec- again…and again…This is a common scenario tations when surveyed on anticipated response where the return call is put off until you get the time to requests for information from their work done. This causes the attorney to con- lawyers. While you may not be able to keep all stantly be in “react” mode. Instead, choose of your clients informed and happy all of the several clients to email each week with an time, the following suggestions derive from update on the status of their case. Anticipate reviewing and investigating this most common the client’s need for an update on the status of of concerns. the matter. For example, “I anticipate filing SET YOUR CLIENT’S EXPECTATIONS your case by the end of next week. Just wanted to let you know that I am working on it and From the initial interview, set the guidelines will finalize it as soon as possible.” Communi- for client contact. Have an office policy for cating with the client even when you have returning calls and communicate same to your nothing substantive to report lets the client client. For example, “If I am unavailable by know you are working on the matter, you telephone, please leave a message. I return all haven’t forgotten about her and can appease of my calls on the same day they are received. the otherwise fretful client. Many days I do not return from court until late in the afternoon, but your telephone call will be FOLLOW THROUGH returned.” If your client knows that you will No tip, suggestion or practice advice will return the call at a certain time during the day, work if not applied. Determine how, when and they will not become overanxious when they why you contact your client, explain same with haven’t heard from you in five or six hours. If your client at the outset of the representation, you have someone who answers your office and then do what you say you will. Docket telephone, give that person sufficient informa- time daily to return phone calls and email. Pre- tion to relay to the client regarding when the pare a list of clients to update the first of every call will be returned. Maybe your policy is that week. Clear out your voicemail message boxes. calls will be returned within 24 hours. The key is to let your client know your policy and then Consistency will be rewarded with happy, non- follow through with same. complaining clients. SET YOUR CLIENT’S MODE FOR Regardless of the means employed to com- CONTACTING YOU municate with your clients, the duty to protect client confidential information remains the If you do not take/return calls after hours or same. The lawyer’s duty of confidentiality on the weekends, then do not give clients your extends to present, former and prospective cli- cell phone number. From the beginning of the ents. Lawyers need to know the risks associat- attorney/client relationship, establish the best ed with electronically contacting clients and way for the client to get information to you. For storing clients’ information. example, “It is better for you to call my office and leave a message or send me an email. That • Cell phones were once thought to be unse- way I will have a record of your call and can cured and conversations at risk to be “over- return it at the end of the day. Most days I am heard.” However, more recent authorities in court and my cell phone is turned off.” There agree that the expectation of privacy on a is nothing more frustrating for a client than cell phone is the same as that of a landline. calling the attorney’s cell phone only to find This is bolstered by the fact that the unau- that the phone has been turned off or that the thorized interception of electronic commu- message box is full. Determine from the begin- nications is a federal crime pursuant to the ning how you want your client to contact you, Electronic Communications Privacy Act.

2646 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 • Email communications have had the same CONCLUSION historical acceptance as cell phones. ABA Regardless of the method or manner you Formal Ethics Opinion 99-413 (1999) states choose to share information with your client, “Email communications, including those your ethical duties of confidentiality, diligence sent unencrypted over the Internet, pose and communication must be considered. You no greater risk of interception or disclosure must implement business practices and employ than other modes of communication com- business tools calculated to protect client confi- monly relied upon as having a reasonable dences and that assist you in providing diligent expectation of privacy.” and informed representation. • Communicating via Facebook, however, has no expectation of privacy. Lawyers About The Author should be very leery of communicating with clients via social media including pri- Gina Hendryx is the general vate messaging through these outlets. counsel for the Oklahoma Bar Association. A licensed attorney • Likewise, texting can be problematic. for nearly 30 years, she received Although performed via cell phone, records her J.D. and B.S. degrees from of same are kept by the service provider. OCU. She supervises a staff of 15 Confidentiality cannot be assured. Confi- and serves as the association’s dential information to or from a client is chief disciplinary counsel. She better shared via another method of com- works with the Professional Re- munication. sponsibility Commission and serves as a liaison to the OBA Board of Governors, OBA committees, the courts, and other local and national entities concerning lawyer ethics issues.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2647 2648 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Ethics & PROFESSIONAL RESPONSIBILITY Negotiating Settlements Effectively and Ethically By Ellen Adams

he preamble to the Oklahoma Rules of Professional Con- duct provides: TAs a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others…1

When negotiating a settlement, an attorney is same force as they would in the typical adver- required to advise, advocate and negotiate on sarial context. The purpose of this article is to behalf of his or her client — however, it is a review these ethical rules and to consider how balance of these functions that allows an attor- each one applies to the various roles played by ney to negotiate effectively. Knowing when to an attorney in the context of negotiating settle- negotiate rather than to advocate with oppos- ments. Further, this article aims to demonstrate ing counsel and when to advise your client how ethical behavior advances effective settle- rather than to adopt your client’s position is ment negotiations. necessary to dispute resolution. Yet, knowing THE COMPETENCIES OF COMPROMISE how to effectively negotiate a settlement is only part of the challenge lawyers confront. One of the most basic ethical rules is to be competent in representation of your client.2 While a settlement should end litigation for Simply put, an attorney must have the requi- the parties involved, a settlement may also site legal knowledge, skill, thoroughness and mark the beginning of other disputes involving preparation to represent a client in a particular allegations of ethical misconduct against the matter.3 Applying the rule in the context of attorneys representing the settling parties. settlement negotiations, an attorney must be While few of Oklahoma’s rules of professional able to determine the value and/or risk inher- conduct address settlements directly, the rules ent in trying a particular case. Similarly, the apply in the context of settlements with the

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2649 attorney should be able to “right” party in a settlement. reasonably determine the cli- As a negotiator, Although the majority of ent’s probability of success or disputes being litigated are defeat. No matter an attor- one will always have the heavily charged with emo- ney’s aptitude at predicting tion, the most effective nego- case outcomes, an attorney upper hand if one is able to tiating occurs when the must rigorously prepare for focus is on the facts. Thus, this analysis in order to pro- educate opposing counsel an attorney should prepare vide a competent evaluation his client for settlement ne- of the case to the client as an on the law or the facts that gotiations by advising the advisor, assert that position client that the most that con- as an advocate to opposing are at issue… ceivably can be achieved by counsel, and understand the a settlement is an exchange true value of the case as a of something for value and negotiator. Absent knowledge an end to litigation. of the case’s true value, an attorney will not be Finally, after a compromise has been reached, able to competently advise his or her client an attorney must be competent enough to with respect to whether a settlement is in the accurately document the agreement and to client’s best interest. Absent the requisite skill include any releases, warranties and indemni- and preparation required to competently assess ties that are necessary to put an end to the liti- a case, an attorney will not be able to convince gation. These core competencies are necessary opposing counsel that his or her offer or coun- for an attorney to both ethically and effectively teroffer is reasonable in light of the claims or compromise a dispute. defenses at issue. TO REACH A RESOLUTION, REACH OUT As a negotiator, one will always have the TO YOUR CLIENT upper hand if one is able to educate opposing counsel on the law or the facts that are at issue, No matter how much skill, time and legal demonstrating readiness, willingness and abil- knowledge an attorney has applied in deter- ity to move forward with the case rather than mining whether it is appropriate to settle, the to resolve it. If an attorney reaches the negotia- ultimate decision whether to settle firmly tion table after vigorous case preparation, then resides with the client.4 Thus, if an attorney he or she will manifest the following to the disagrees with his client, the attorney may not other side: this will be a fight; I will always be decide what is in the client’s best interest. prepared; I already have done the work that When such disagreements arise, an attorney you are going to have to do and for which you should seek to resolve them as an advisor to will have to bill your client to understand this the client by counseling regarding the risks case. These inferences will impact the value of and/or rewards of pursuing the matter to a the settlement. final resolution. Such advice should be given candidly, referring not only to the law, but also Being sufficiently competent to compromise to moral, economic, social and political factors a dispute also requires a different type of prep- as appropriate.5 aration and knowledge. An attorney must spend the time with his or her own client to Many of the disagreements that arise between determine what the client really wants to attorney and client regarding settlement can be achieve and to manage the client’s expecta- avoided altogether if communications regard- tions. Having a thorough understanding of ing the case, settlement offers and strategies of what your client wants to achieve will allow reaching a client’s objectives occur promptly and you to explore some more creative settlement often. Rule 1.4 of the Oklahoma Rules of Profes- options. Rather than simply negotiating dol- sional Conduct imposes an ethical duty on attor- lars, you may be able to negotiate for equitable neys to communicate with their clients. This rule remedies. Further, if an attorney determines recognizes that a client must be reasonably that his client wants the proverbial “victory,” informed in order to actively participate in deci- the attorney needs to explain what a settlement sion making about the case.6 Maintaining this versus an actual trial likely will deliver. In level of communication throughout the repre- other words, a client needs to understand that sentation of a client enables an attorney to no one is going to deem him the victor or the quickly summarize the status and progress of

2650 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 the case, including, importantly, any changes Occasionally, a well-informed client may not to the attorney’s initial case evaluation, and to want to pursue an attorney’s recommended openly discuss the benefits or detriments of course of action, leading to disagreements any settlement offer. between them. Without such ongoing communications from If the lawyer and client cannot find a mutu- the attorney, a client will often be confused or ally-acceptable resolution of a disagreement on at worst, feel misled and betrayed about the whether to settle a dispute, and the lawyer fun- attorney’s articulated likelihood of success in damentally disagrees with the client, the lawyer the case. For example, when a client first hears may need to withdraw from the representation.8 that he or she could be liable for opposing Conversely, the client may resolve the disagree- counsel’s fees and costs at the negotiation table ment by discharging the lawyer.9 Ideally, the or from a mediator, then the client is going to communication that has occurred throughout doubt his attorney’s competence and be reluc- the case will assist the lawyer and the client in tant to continue litigating the case regardless of reaching an agreement as to the best course of his actual potential to prevail. Similarly, if an action. attorney fails to address the deficiencies in the In any event, as previously stated, the ulti- client’s case until the first settlement offer is mate decision with respect to settlement firmly made, the client may incorrectly perceive his resides with the client. Therefore, attorneys attorney as unwilling to proceed to trial if the should not make, accept or reject any settle- attorney advises his client to settle rather than ment offer without express authorization from to try the case. the client. While every attorney should know Maintaining communications with one’s cli- that making a settlement offer or accepting/ ent is an ethical obligation. An attorney is rejecting a settlement offer without the client’s required to consult with his or her client with authorization is unethical, an attorney should respect to settlement, including the strategy to be wary about taking any action in the context be employed.7 Thus, even if an attorney feels of settlement negotiations that he or she that a settlement offer does not merit a response, believes the client has implicitly authorized the attorney is ethically obligated to discuss the but for which no express authorization has offer with his client. Although most attorneys been given. In settlement negotiations, an will routinely discuss settlement offers with attorney’s actions, while not the intent of the clients, attorneys less routinely consult with client, could bind the client. Thus, it is essential their clients about the strategy to be employed for the attorney to have the client’s express in making and responding to settlement pro- authorization prior to making or accepting/ posals. The comments to Rule 1.4 clearly con- rejecting any settlement offer. template that level of communication: MAKING DISCLOSURES IN YOUR Adequacy of communication depends in DIALOGUE WITH OPPOSING COUNSEL part on the kind of advice or assistance that As discussed above, communicating with is involved. For example, when there is time one’s client allows an attorney to more effec- to explain a proposal made in a negotiation, tively reach a final resolution to the underlying the lawyer should review all important pro- case through settlement. Of course, not to be visions with the client before proceeding to ignored, final resolution cannot be achieved an agreement. In litigation, a lawyer should without extensive communication with oppos- explain the general strategy and prospects of ing counsel as well. These communications success and ordinarily should consult the cli- with opposing counsel often may necessitate ent on tactics that are likely to result in sig- certain disclosures about the attorney’s evalua- nificant expense or to injure or coerce others. tion regarding the underlying merits of the On the other hand, a lawyer ordinarily will dispute and about the client’s propensity for not be expected to describe trial or negotia- settling the case. For an attorney, these com- tion strategy in detail. The guiding principle munications require a balance of advocacy and is that the lawyer should fulfill reasonable accord, for which the ethical rules provide client expectations for information consistent guidance. with the duty to act in the client’s best interests, and the client’s overall requirements as While there should be a healthy reticence to to the character of representation. share too much as an advocate, there is a neces- sity for dialogue as a negotiator. Nevertheless,

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2651 this dialogue must be guarded so that an attor- With respect to the actual settlement, the ney does not make any misrepresentation or comments to Rule 4.1 further provide: representation for which he lacks client con- [U]nder generally accepted conventions in sent. Rule 4.1 of the Oklahoma Rules of Profes- negotiation, certain types of statements ordi- sional Conduct precludes an attorney from narily are not taken as statements of material knowingly making a false statement of mate- fact. Estimates of price or value placed on rial fact or law to any third person, including the subject of a transaction and a party’s 10 opposing counsel, a witness or another party. intentions as to an acceptable settlement of a The comments to Rule 4.1 instruct: claim are ordinarily in this category, and so A lawyer is required to be truthful when is the existence of an undisclosed principal dealing with others on a client’s behalf, but except where nondisclosure of the principal generally has no affirmative duty to inform would constitute fraud. an opposing party of relevant facts. A mis- Therefore, the rules contemplate that attorneys representation can occur if the lawyer occasionally may engage in the same type of incorporates or affirms a statement of so-called “puffery” that often occurs in sales another person that the lawyer knows is and other forms of negotiation when it comes false. Misrepresentations can also occur by to the actual dollar value of a settlement. partially true but misleading statements or Although there may be some leniency within omissions that are the equivalent of affir- the ethical rules with respect to what is dis- mative false statements. See Rule 8.4. closed and what is kept in confidence during Although the comments demonstrate that there settlement negotiations, attorneys will negoti- is no affirmative duty to inform opposing ate far more effectively and ethically with the counsel of relevant facts, the comments also following standards of professionalism in provide that certain omissions may constitute mind: unethical misrepresentations. An attorney We understand, and will impress upon our should carefully consider the consequences of client, that reasonable people can disagree failing to disclose a material fact — including without being disagreeable; and that effec- injuring one’s own reputation in the legal com- tive representation does not require, and in munity, whether it may affect the enforceability fact is impaired by, conduct which objec- of a consummated settlement agreement and tively can be characterized as uncivil, rude, whether disclosure may actually assist the par- abrasive, abusive, vulgar, antagonistic, ob- ties in reaching a favorable resolution of the structive or obnoxious. Ill feelings between dispute. clients will not dictate or influence a lawyer’s attitude, demeanor, behavior or con- If an attorney determines that failing to dis- duct. We will always look for opportunities close a material fact will assist a fraudulent or to de-escalate a controversy and bring the perhaps even a criminal act by a client, then parties together. disclosure is required.11 In the absence of any fraud or criminal wrongdoing, an attorney By implementing these standards of profes- may feel an ethical obligation to inform oppos- sionalism in all cases, settlements are much ing counsel of a fact that has yet to be disclosed more likely to occur. in the litigation. In such case, the attorney ETHICAL BEHAVIOR FOSTERS should carefully review Rule 1.6, which pre- EFFECTIVE RESULTS cludes a lawyer from revealing information relating to the representation of a client with- An attorney will only be able to resolve disputes through settlement by balancing the out the client’s informed consent.12 Even if not roles of advisor, advocate and negotiator. The ethically obligated, an attorney may determine rules-grounded approach outlined above that disclosure of a particular fact will facilitate should form a base of ethical behavior from a satisfactory conclusion of the matter. In com- which an attorney should proceed in working pliance with Rule 1.6, an attorney who ethically with clients, opposing counsel and the courts and voluntarily informs opposing counsel of a in undertaking and pursuing the settlement of fact that eventually will be discovered will be disputes. more effective at actually negotiating a settlement during the pendency of the case.13 1. Oklahoma Rules of Professional Conduct, Preamble at ¶2.

2652 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 2. 5 O.S. 1.1. 3. Id. About The Author 4. 5 O.S. 1.4. 5. 5 O.S. 2.1. 6. 5 O.S. 1.4; see also 5 O.S. 1.7-1.8 (An attorney is also bound to Ellen Adams is an associate communicate to his clients about potential conflicts, which may arise attorney with the firm of Gab- during the context of a settlement when an attorney is representing leGotwals in Oklahoma City. multiple parties in the dispute.) 7. 5 O.S. 1.4. Her practice primarily consists 8. 5 O.S. 1.16(b)(4). of civil litigation defense in 9. 5 O.S. 1.16(a)(3). 10. 5 O.S. 4.1. While this article contemplates that each party is both state and federal courts. represented by counsel, additional rules govern those situations when While her representation has an attorney is negotiating a settlement with an unrepresented party. See 5 O.S. 4.3 (“[a] lawyer shall not state or imply that the lawyer is focused on clients who are pri- disinterested. When the lawyer knows or reasonably should know that marily in the energy industry, the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misun- she has defended against claims derstanding. The lawyer shall not give legal advice to an unrepre- based in a variety of practice areas, such as employ- sented person, other than the advice to secure counsel, if the lawyer ment law and environmental law. She graduated from knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the inter- the OU College of Law in 2007. ests of the client.”) 11. 5 O.S. 4.3. 12. See 5 O.S. 1.6. 13. See generally Deborah Schmedemann, “Navigating the Murky Waters of Untruth in Negotiation: Lessons for Ethical Lawyers,” Car- dozo J. of Conflict Resolution, Vol. 12 (2010). 14. Standards of Professionalism, 2.7-2.8, adopted by the Oklaho- ma Board of Governors on April 20, 2006.

VACANCY ANNOUNCEMENT CLERK OF COURT The United States District Court for the Eastern District of Oklahoma seeks applications from qualified candidates for the position of Clerk of Court. The court presently consists of 1.5 Active Article III Judges, 1 Senior Article III Judge and two Full Time Magistrate Judges. The Clerk of Court is appointed by and serves the judges of the court. This is a high- level management position which functions under the direction of the Chief Judge of the Court. The clerk is responsible for managing the administrative activities of the clerk’s office and over- seeing the performance of the statutory duties of the office. Please visit the Court’s website at www.oked.uscourts.gov for a copy of the full vacancy announcement with candidate qualifications and information on how to apply.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2653 2654 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Ethics & PROFESSIONAL RESPONSIBILITY

A Checklist of Policies and Procedures for an Ethical Law Practice By Travis Pickens

hether you’re a sole practitioner, a partner in a firm or anywhere else managing other lawyers, you must take Wreasonable steps to ensure your practice conforms to the Oklahoma Rules of Professional Conduct. You are also responsible for the conduct of the nonlawyers in your employ. Below is a checklist of best practices to follow that hopefully will protect you, your practice and your clients.

4 A Formalized Hiring Policy — Develop a 4 Written Employment Contracts and/or structured protocol for hiring staff. Call and Office Ethics Policies With Your Staff — You question references, and get permission to do will likely want to be wary of modifying appropriate credit and background checks. “employment at will” but you will also want a Your safety from disciplinary violations is no commitment from your staff as to certain mat- greater than the people who work for you. ters pertaining to maintaining professional eth- Consider hiring certified legal assistants and ics. You might prefer to do this in the form of a paralegals who have already had training job description or as an office policy. Such may regarding a law practice and the Oklahoma require them to: Rules of Professional Conduct. • read the Oklahoma Rules of Professional Conduct 4 An ‘In-House’ Ethics Compliance Lawyer • abide by the rules — This should be a supervising lawyer or part- • participate in office ethics training ner. Every firm or law department needs some- • report any potential concerns or viola- one to be a “first-responder” and to take re- tions of the rules sponsibility for putting in place the required • maintain strict confidence of all client measures for ethics compliance. My office can matters (e.g. including social network help this lawyer develop educational and train- use) ing materials for staff orientations and updates.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2655 4 New Employee Ethics Training — This is address content. By rule, ads and websites an orientation for new staff generally covering must contain: the rules, their importance, consequences for • accurate, non-deceptive information violation and explanation of internal reporting • lawyer’s name or firm name responsible procedures. Develop written materials, includ- for the content ing a copy of the rules and comments. My office • office address can be a resource for this. • jurisdictional limits of lawyers (if licensed elsewhere than Oklahoma) 4 Ongoing Ethics Updates For All Attor- neys and Staff —These are periodic reviews Ads and websites may contain: and updates as to ethics issues. They may be • telephone, email and fax numbers quarterly, for example, unless new develop- • areas of law and types of services (but not ments dictate otherwise. They should cover “certified” unless patent or admiralty) new cases, new rules, and new ethics opinions. • how fees are determined They should also be a forum for employees to • foreign language ability express concerns as to existing procedures or • references (with consent) ideas as to how they should be modified. My • clients typically represented (with con- office can be a resource for this. sent) 4 Conflict Controls — Make sure this is • “other information that might invite the carefully followed each and every time, and attention of those seeking legal assis- include your non-attorney staff in the distribu- tance” tion chain (they may have a better memory • awards and settlements (if you obtain than you or have a relationship, business or the client’s consent, it is accurate infor- personal, with someone you are about to sue). mation and there is an appropriate dis- Keep a list of all clients you have represented claimer. See Oklahoma Ethics Opinion No. 320) and all matters that can be searched easily and accurately. Remember conflicts may be created 4 Keep a Hard Copy of Significant Oklaho- by a wide variety of factors, e.g. current clients, ma Ethics Opinions, With a Topical Index — former clients, third parties, the lawyer’s own This is the one time a computer search is personal interest, prior employment, business slower than the hard-copy version. Remember, transactions, who is paying the bill, book deals, rule changes may make a particular ethics co-defendants, ownership in the subject matter opinion obsolete or merely helpful as to how to and/or a sexual relationship. think about an issue. Also remember that the ethics opinions and those of my Office of Ethics 4 Docketing Procedures — Double calendar Counsel are advisory guidance only and not (you and your assistant) your entries, set up binding. The Oklahoma Supreme Court re- reminders, and have daily offsite backup. Do mains the ultimate authority. not rely on someone else to calculate response times and deadlines unless they have been 4 Fireproof Vault or Storage for Valuable thoroughly trained, and never rely upon them Client Documents — Do not become a long- exclusively. Always calculate important dead- term bailee of client property unless you abso- lines yourself, and then have someone double lutely must. If you do, then make sure to have check your work. the right kind of storage, or rent proper storage at a bank. 4 Computer and File Safeguards — Confi- dentiality and reliable uninterrupted access are 4 Carry Adequate Office Insurance — This the key considerations. Use an IT professional is the policy that covers office contents and for this vital, ever-changing area. This is an liability. Make sure it includes adequate limits ongoing process. Use daily offsite backup. for all your contents, including but not limited to furniture, research books and disks, com- 4 Website and Advertising Review — Run puter software, hardware, phone systems and all advertisements and website pages through other electronics. You should also have suffi- the same person or committee for consistency cient limits for valuable papers. Hired and and compliance. All content must be accurate non-owned coverage protects you from liabili- and not deceptive. Certain key information, ty for an accident caused by a hired courier or e.g. name and phone numbers, of course is employee making a delivery. Of course, you included in every ad, but there are rules that must also have workers’ compensation insur-

2656 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 ance for your attorneys and staff. Many law- • firm or department mission statement yers and firms do not pay enough attention to • the “anatomy” and chronology of a law- this sort of insurance. Work with an experi- suit or other matter enced agent and ask specific coverage ques- • options such as mediation and arbitra- tions. By the way, it is a good idea to urge your tion for the client’s dispute attorneys to carry full liability coverage on • attorney-client privilege (and waiver) their own vehicles, and a personal umbrella • the confidentiality and evidentiary dan- policy. An uninsured or underinsured attorney gers of using social networks in-creases the chances the law firm will be sued • how trials (jury and non-jury) proceed for an accident. • how mediations proceed • what litigation costs are typical 4 Document Retention Policy — This should • the potential for being ordered to pay be part of every fee agreement you use, either attorney fees and costs if the client does within the body of the agreement or as a sepa- not prevail rate attachment. See the Ethics Advisory posted • statutes of limitation and/or repose on our webpage at www.okbar.org for details. 4 Fee Split Provisions — This is another 4 Fee Agreement — You should use a writ- area that can create some confusion. When you ten fee agreement for every client matter. Con- and someone outside your firm both work on a sider including at least the following: matter there are two ways to split fees: • how the fee will be calculated, billed 1) Both lawyers work on the matter, but and collected: e.g. hourly rate, contin- there is only one bill and you may split the gency fee or flat fee fees in accordance with how much work each • the specific client lawyer does on the matter • the scope of the representation (be pre- cise) 2) Only one lawyer actually works the mat- • the client’s obligations (e.g. timely pay- ter, but the other must assume joint representa- ment, cooperation, etc.) tion for the matter (e.g. includes both financial • how expenses will be paid and ethical responsibility for the representa- • interest charges on unpaid attorney fees tion as if the lawyers were associated in a (other law may apply) partnership) • mediation and/or arbitration provi- Either way, the client must agree in writing to the sions in the event of a fee dispute arrangement and the overall fee must be reasonable. • venue and controlling law provisions • refunds for unearned fees or unaccrued 4 Trust Account Training for Employee or expenses Outside Staff — You can delegate certain tasks • when you may terminate representa- pertaining to a trust account but you may not tion delegate the responsibility for it. In other words, • when the client may terminate represen- someone else can make the deposits and do the tation (anytime) books but you must supervise, monitor and be • how final billings, accountings and set- responsible for the account. It is a non-delega- tlement statements will be done ble duty. The OBA has ample resources to help • explanation of attorney’s lien rights you train yourself or your staff for proper trust accounting. There are CLE materials and OBJ 4 Explanatory Materials — These materials articles and a recently produced webcast that cover the information that is not necessarily fee are all available on the OBA website at www. related but still very important to the client and okbar.org through archived CLE. My office can to your own interest in setting reasonable help you select a proper set of materials. expectations for the client (and covering yourself). Consider including the following: 4 Develop a CLE Curriculum for Your Law- yers — Be intentional about the continuing • office location education you take, or pay for others to take. • hours of operation Set up a review process so that lawyers taking • when telephone calls and email may be CLE paid for by the employer meet the educa- returned tional goals of your department or firm. Rec- • firm history ommend certain seminars for your associates • biographical information, including or staffs. awards and honors

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2657 4 Set Up a Review Process for Taking or Terminating a Representation — Bad clients Until a potential client retains and matters can lead to unpaid fees and bar complaints. A bad client is someone or some you to evaluate their matter and entity that, for example, is dishonest, unreason- ably does not follow your advice, and/or will represent them, keep the initial not pay a reasonable fee for the services provided. These types usually go through several law- exchange of information on a yers. Similarly, indelicate or hostile terminations of representations by lawyers lead to bar com- general level. plaints that would otherwise not be filed. For both these stages, it is prudent to have more than one person evaluating the client, the matter, the client’s protection as well. For the protec- and the mode and timing of a withdrawal. In tion it provides, it is relatively inexpensive and evaluating potential clients, it is often helpful to should be carried. One aspect of having insur- have a legal assistant sit in on the initial inter- ance that often goes underappreciated is that it view. They may pick up on things that you do not. Also, they make great witnesses in the event includes defense costs. The claim may be frivo- there is a dispute later as to what was said. lous but you must still defend it, and you will want an independent, experienced attorney 4 Develop Standard Protocols for First defending you. Consultations With Prospective Clients — If 4 you delve too far into a matter in the first meet- Develop A Succession and Disaster Plan ing with a potential client that eventually does for Your Law Practice — This issue is particu- not hire you, you may learn information that larly important for sole practitioners. You you will be obligated to keep confidential and should have a plan for the succession of your that will disqualify you or your firm from rep- law practice just as you should for your per- resenting the adverse party. Until a potential sonal estate. You should identify another law- client retains you to evaluate their matter and yer with a similar practice who, in the event of represent them, keep the initial exchange of your death or disability, can step in and notify information on a general level. For example, clients and take whatever immediate action is talk about the parties involved, the matter to be necessary to protect their interests. This does undertaken, the background and experience of not mean that the successor attorney must your firm, fees and expenses and how you enter an appearance and continue the repre- operate. This issue is more common in smaller sentation. Typically, what is involved is notify- communities where clients may be tempted to ing the client, courts, opposing counsel and the “conflict out” the other lawyers in town they OBA general counsel. Assuming representa- see as a threat, or when clients are simply price tion is an option for the successor attorney but shopping, but it is something to keep in mind only if the client has given consent. Ultimately, no matter where you practice. the client always decides who will represent them and should be notified of that responsi- 4 Select and Join Worthwhile Organiza- bility as soon as possible. tions and Associations Related to Your Prac- tice — The OBA and ABA offer a great value A disaster plan should be developed in the for the dues, as do other organizations and event of a major event that knocks out your publications. The ABA also has the Center for practice, like a fire or tornado. There is a great Professional Responsibility, which for an addi- deal of information on this from our manage- tional charge, will give you access to research ment assistance program, Jim Calloway and assistance, and all the ABA ethics opinions as from other jurisdictions. well as updates on the Model Rules (the Okla- 4 Maintain Work/Life Balance and Face homa Rules vary a bit of course). The key here Issues Head On — Much has been written is to be selective and join only those organiza- about work/life balance, but what has not tions and associations that you will actually been emphasized as much is the direct impact use and benefit from. imbalance has on the clients we serve. Indeed, 4 Purchase Adequate Professional Liability imbalance or a substance or mental health Insurance — Carrying adequate professional issue makes ethical violations much more like- liability insurance is not just for you; it is for ly. Furthermore, if you are a supervising attor-

2658 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 ney at your firm or department, you may be held personally responsible for enabling or About The Author ignoring an issue by a subordinate lawyer who Travis Pickens serves as OBA impacts a client. Thankfully, the majority of us ethics counsel. He is responsible have matured to the point that we seek the for addressing ethics questions quality help available to us through the Law- from OBA members, monitoring yers Helping Lawyers Assistance Program, the Diversion Program participants, LHL Foundation Inc. and other providers. teaching classes, speaking at con- 4 Hire Great People. tinuing education programs and other law-related seminars and writing articles for The Oklahoma Bar Journal and other publications. A former litigator in private practice, he has served as co-chair of the Work/Life Balance Commit- tee and as vice-chair of the Lawyers Helping Lawyers Assistance Program Committee.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2659 2660 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Ethics & PROFESSIONAL RESPONSIBILITY Family Law Conflicts When Can You Represent a New Client Against a Former Client in a New Divorce Matter? By Jimmy Oliver

amily law attorneys have a unique conflict question that seems to be inherent in the practice of family law. The longer Fthe attorney practices in the same locale the more frequently the question arises: Can you represent a client in a divorce and years later represent a new spouse who wants to terminate a subsequent marriage?

Typically the first client, referred to as “Cli- once in a lifetime or have children and poten- ent A,” starts a new life after the first divorce tial custody battles with multiple partners? which includes children and property acquired The comments of Rule 1.9 help clarify what a with his second wife, referred to as “Client B” “substantially related matter” means. Com- in this discussion. What are the ethical consid- ment 2 states that the scope of “matter” depends erations in the decision whether to represent on the particular situation or transaction. A Client B against Client A? Can you ever take lawyer is not allowed to take on a new client the case? who has interests materially adverse to his for- Rule 1.9 of the Oklahoma Rules of Profes- mer client if they involve the same specific sional Conduct states that a lawyer who has transaction. For the purposes of this discus- formerly represented a client in a matter shall sion, that would include representing the one not later represent another person in the same spouse to modify a custody decision in a case or substantially related matter where that per- where the attorney originally represented the son’s interests are materially adverse to the other spouse. Here the subject matter of the interest of the former client. Rule 1.9 (c) also dispute is the same: the same children. states that a lawyer who represented a client in IS THERE A DUTY OF LOYALTY TO A a matter shall not then use information related FORMER CLIENT? to that representation to the disadvantage of the former client. But how do these prohibi- In the case of State ex. Rel. Oklahoma Bar Asso- tions apply to a family law attorney, especially ciation v. Barry, the Supreme Court addressed in light of today’s culture where it is not this topic and provided an example of what is uncommon for people to marry more than prohibited by Rule 1.9. Here Mr. Barry initiated a divorce action for his client. He entered a

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2661 temporary order on her behalf and prepared a even if the new representation involves a posi- proposed decree of divorce. After discharging tion adverse to the former client. This is the Mr. Barry, the client was later divorced from situation that arises in the practice of family her husband. Two years later she remarried her law. Client A has, since you represented him in ex-spouse. Three years after that the couple his first divorce, remarried and had more chil- initiated a new divorce action, and Mr. Barry dren and created a new marital estate with a represented the client’s husband. new woman. The comments of Rule 1.9 seem to Even though this was a new divorce action, allow the attorney to represent the new wife the first divorce and the second were plainly even though that position would be adverse to related because the same marital assets and Client A. In a family law case, the specific facts children were involved. Additionally, both of the case can vary almost to infinity, however, parties remained the same. In this case the the types of problems are rather limited: prop- attorney had only switched sides. erty division, child custody and support, and alimony. Therefore, a new divorce action where The Supreme Court found that the attorney Client A has subsequently married Client B, had had violated Rule 1.9(a). The court, citing the additional children with her and acquired a new comments of Rule 1.9, stated the disqualifica- marital estate, none of which were ever an issue tions provided by Rule 1.9 are for the benefit of during the prior representation of Client A the former client. The rule protects the loyalty (because these things did not even exist), cannot a client feels he or she is owed from a former be seen as a substantially related matter. attorney. This type of disqualification can only be waived by the client.1 It could be argued that by representing Cli- ent A, an attorney could have learned things about his personality or his past that could now be used against him in the subsequent litigation. However, Comment 3 provides an answer. The comment states that information It could be argued that by that has been disclosed to the public or to other adverse parties will not typically be grounds representing Client A, an attorney for disqualification. To strengthen this argument it should be remembered that, in general, could have learned things about divorce and child custody proceedings are open to the public. Hearings and trials are held his personality or his past that in open courtrooms and can be watched by anyone. The public can access pleadings and could now be used against him in court minutes either electronically or by requesting the information from the court the subsequent litigation. clerk. Typically, in contested divorce or custody proceedings, there is extensive discovery requested by both parties. This information passed between the two parties and to the gen- Here the client did not waive the disqualifi- eral public further diminishes the possibility cation. She even sent Mr. Barry a letter express- that the attorney has some secret fact that can ing her concerns because the new divorce dealt be used against the former client in new litiga- with the same marital assets and children as 2 tion. Additionally, information learned in the the first divorce. previous representation of Client A can be THE RIGHT TO CHOOSE ONE’S OWN deemed obsolete by the passage of time. Any LEGAL REPRESENTATION information received during the prior representation of Client A could no longer be rele- While it may be simple to determine when vant due to the age of the information and thus Rule 1.9 prohibits representation, it is less clear if representation is prohibited in a subsequent not admissible for the new action. Comment 3 divorce where the only commonality is Client states that the passage of time should be con- A? The comments of Rule 1.9 do allow for an sidered in deciding if two matters are substan- attorney who regularly deals with certain types tially related. of problems to represent another client in a A family law practitioner deals regularly factually different problem of the same type, with the same issues, namely property divi-

2662 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 sion, child custody and support, and alimony. distinct matter to the prior representation of Both Rule 1.9 and its comments suggest that a Client A. To determine this, the following ques- subsequent divorce or custody matter involv- tions should be analyzed: ing people or property not involved in the • Was Client B a party of the prior litiga- previous action cannot be seen as substantially tion? related to the previous action. If the only common denominator between the two cases is • Will the new litigation involve any of the Client A, to interpret Rule 1.9 to prohibit an prior parties (besides Client A)? attorney from representing a spouse in an entirely new matter against a former client • Will any of the same property be at issue would unduly restrict a successful and sought- in this new matter? out attorney from retaining new clients. This is • What is the length of time that has passed magnified by today’s society where many since the prior litigation? people marry numerous times in their lives or have children with multiple partners. Addi- • Was the prior litigation contested or pre- tionally, as the Supreme Court of Oklahoma sented as a waiver? has held, a narrow reading of Rule 1.9 could Like most matters in the practice of law, there also restrict a client’s ability to have the repre- is an argument that can be made for either side sentation of his or her choice. of this analysis. In the end the attorney will In Towne v. Hubbard the Oklahoma Supreme have to make a decision based on specific facts Court observed that “the right to the assis- of the situation he or she is facing. tance of legal counsel includes the right to be Don’t assume you can’t represent a new cli- represented by a legal practitioner of one’s ent against a former client in a new divorce own choosing.”3 Additionally, “Legal practi- case. Carefully analyze the situation and apply tioners are not interchangeable commodities. the ethical rules. A good family law attorney is Personal qualities and professional abilities one that both sides wish they had on their side. differ from one attorney to another, making The longer you practice the more frequently the choice of legal practitioner both in terms this question will arise. Be familiar with the of the quality of the attorney-client relation- rules that govern this area so that when Client ship and the type of skillfulness of the profes- B comes into your office you can quickly deter- sional services rendered.” For these reasons mine if a conflict exists or if you are free to the Oklahoma Supreme Court has adopted a represent him or her in the new matter. high barrier a party must cross to validate the disqualification of his opponent’s counsel.4 A 1. State ex. Rel. Oklahoma Bar Association v. Barry, 1998 OK 73, ¶4, 969 P. 2d 975 party’s ability to choose his own counsel can 2. Id. be set aside under certain circumstances but a 3. Towne v. Hubbard, 2000 OK 30, ¶14, 3P.3d 154, 160 4. Hayes v. Central States Orthopedic Specialists, Inc., 2002 OK 30, ¶9, showing must be made that it would threaten 51 P.3d 562, 565, Towne v. Hubbard, id. the integrity of the judicial process. While these cases do not deal directly with a About The Author family law attorney representing a new client against a former client, the Supreme Court’s Jimmy Oliver practices law in language concerning the ability to choose one’s Stillwater. In addition to family own attorney and the burden to justify a dis- law, he works in the areas of pro- qualification seem to suggest that if an attorney bate, guardianship and criminal can show that the new case is not substantially defense. After attending OSU, related to the prior matter, then he or she is free he graduated from OCU School to represent Client B in the new litigation with- of Law in 2010. He is a member out violation of Rule 1.9. of the Payne County Bar Associa- tion, and he is a member of the When an attorney is faced with the situation OBA Family Law and Criminal Law sections. He is posed at the beginning of this article, before also a member of the Legal Aid Pro Bono Panel and is agreeing to represent Client B, the attorney a recent graduate of Leadership Stillwater. should consider if this new case is a factually

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2663 BAR NEWS

Justice Colbert to Serve as Chief Justice

Oklahoma Supreme Court Justice Tom Colbert has been elected by his fellow justices to become the next chief justice of the state’s highest court. Justice John Reif will serve as vice chief justice. The term, which begins Jan. 1, 2013, will make Oklahoma history because Justice Colbert is the first African-American to become chief justice. He also holds the distinction of being the first African-American vice chief justice and the first African-Amer- ican on the court. He was originally appointed to the Supreme Court by Gov. Brad Henry in October 2004. Justice Colbert was appointed by Gov. Frank Keating to serve as a judge on the Oklahoma Court of Civil Appeals in 2000 and served until 2004. Justice Colbert was born in Oklahoma City and graduated from Sapulpa High School. He attended Eastern Oklahoma State College and earned his Bachelor of Sci- ence degree from Kentucky State University Justice Tom Colbert in 1973. He was an All-American track and field competitor in college. He served in the from 1982-1984 and then assistant district U.S. Army and received an honorable dis- attorney in Oklahoma County from 1984- charge in 1975. He then earned a Master of 1986. He maintained a private law practice Education degree from Eastern Kentucky in Oklahoma City from 1986-2000. University in 1976 and taught in the Chica- Formal swearing-in ceremonies for Chief go public schools. Justice Colbert and Vice Chief Justice Reif will He received his Juris Doctorate from the be Friday, Jan. 4, 2013, at the State Capitol, OU College of Law in 1982, was assistant Second Floor, at 1:30 p.m. with a reception to dean at Marquette University Law School follow. The public is invited to attend.

2664 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 BAR NEWS

Judge Lewis Named Presiding Judge

Judge David B. Lewis has been elected by his fellow judges as the next presiding judge of the Oklahoma Court of Criminal Appeals. The term, which begins Jan. 1, 2013, is historic because Judge Lewis is the first African-Amer- ican to serve as presiding judge. He also holds the distinction of being the first African-Amer- ican vice presiding judge and the first African- American on the court. Judge Clancy Smith will serve as vice presiding judge. He was originally appointed to the court by Gov. Brad Henry on Aug. 5, 2005. Throughout his career, Judge Lewis has exemplified the highest ideals of the legal profession. From 1984 to 1987, he maintained a private law practice in Lawton. He served as assistant district attorney in Comanche County from 1987 to 1991. He held the position of special judge in Coman- che County from 1991 to 1999. He was appointed by Gov. Frank Keating to serve as district judge of Comanche, Stephens, Cot- ton and Jefferson counties on April 2, 1999. Judge David B. Lewis He served as the chief judge of the Coman- che County Courthouse in 2002. Commerce Board of Directors, Black Achiev- ers Program Board of Directors, OBA Pro- He has received a number of awards and fessionalism Committee and OBA National other public recognition over the years for Mock Trial Task Force. In Lawton, he was his dedicated service to the legal communi- also a member of the Kiwanis Club, served ty and the public. He was selected as a on the Christian Family Counseling Center member of the Class of 2008 Henry Toll Fel- Board of Directors and mentored in the lowship Program of the Council of State public schools system. Governments. He served as president of the Oklahoma Judicial Conference in 2004. He was born in Ardmore and graduated Judge Lewis has served as board chairman from Ardmore High School. He attended of Reach Out and Read Oklahoma. He also the University of Oklahoma and earned a serves on the Oklahoma Access to Justice bachelor’s degree with high honors in busi- Commission, Goodwill Industries of Law- ness administration and economics. He ton Board of Directors, Lawton Chamber of went on to earn his Juris Doctorate from the OU College of Law in 1983.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2665 ANNUAL MEETING

House of Delegates Actions The following bylaw amendment and resolution were RESOLUTION NO. ONE: submitted to the House of Delegates for vote at the 108th Oklahoma Bar Association Annual Meeting Friday, ATTORNEY-CLIENT Nov. 16, 2012. Actions are as follows: PRIVILEGE BE IT RESOLVED by the House of Dele- BYLAW AMENDMENT gates of the Oklahoma Bar Association that ARTICLE VIII the Association adopt, as part of its legislative program, as published in The Oklahoma LEGISLATIVE STUDIES AND Bar Journal and posted on the OBA website PROPOSALS at www.okbar.org, proposed legislation SECTION 6. PUBLICITY amending 12 O.S. 2011, Section 2502, which CONCERNING PROPOSALS relates to use of depositions in court proceedings; clarifying persons designated to Before a proposal to place a measure upon testify under certain circumstances; and the Legislative Program or to endorse it in providing an effective date. (Requires 60% principle is submitted to vote, by any affirmative vote for passage. OBA Bylaws Art. method, it shall be published in at least one VIII Sec. 5) (Submitted by the Civil Procedure issue of the Journal of the Oklahoma Bar and Evidence Code Committee.) Association and posted on the OBA website, at least three weeks prior to the vote, Action: Adopted prior to the beginning of the Annual Meet- ing, together with a notice and posting that it will be submitted to vote, specifying TITLE EXAMINATION date, time, place and manner. STANDARDS Action: Adopted Action: The Oklahoma Title Examination Standards revisions and additions published in The OklahomaADOPTED Bar Journal 83 2216 (Oct. 13, 2012) and posted to the website at www.okbar.org were approved in the proposed form. The revisions and additions are effective immediately. All resolutions are available in their entirety at ADOPTED www.amokbar.org/barbusiness/resolutions.aspx

APPROVED

2666 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 James T. Stuart Dietmar Caudle Renée DeMoss Shawnee Lawton Tulsa President Vice President President-Elect 2013 OBA Officers & New Board Robert D. Gifford II Douglas L. Jackson District 3 Members District 4 Oklahoma City Enid

Sandee Coogan Richard Stevens Joe Vorndran District 5 Member-At-Large YLD Chair Norman Norman Shawnee

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2667 PHOTO HIGHLIGHTS OBA 108th Annual Meeting Nov. 14 - 16, 2012 • Sheraton Hotel • Oklahoma City Want to see more Annual Meeting photos? Check out our online photo gallery at www.okbar.org/ s/2012. In addition, Party Pics was on hand with professional photographers who documented several of the social events. Those photos are available at www.okbar.org/s/partypics. You’ll just need to enter an email address when you visit the site. Enjoy! OBA President Cathy Christensen (center) presents Presi- dent’s Awards to Kara Smith and Jeffery Trevillion. Other President’s Award winners were 2011 OBA President Deborah Reheard, OBA Vice President Peggy Stockwell, Ashley Rahill, Sarah Schumacher, David Swank and John J. Ditmars III.

OBA President- Elect Jim Stuart and his wife, Kathy, cut a rug during “At the Hop,” the Thursday event social event.

OBA President Cathy Christensen, Sarah Schumacher and 2003 OBA President Melissa DeLacerda show off their poodle skirts during “At the Hop.”

Donita Douglas (left) receives the Earl Sneed Award for outstanding continuing legal education contributions. OBA President Cathy Christensen presented a total of 25 awards during this year’s Annual Meeting.

Annual Meeting keynote speaker Frank Deford presents an autographed copy of his book to OBA Vice President Peggy Stockwell.

2668 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Oklahoma Justice Commission Chairperson Drew Edmondson addresses the OBA CLE Plenary Session.

2013 OBA President Jim Stuart is crowned “homecoming king” by “queen” Cathy Christensen during “At the Hop.”

Speaker Morris Dees of the Southern Poverty Law Center discusses “With Justice for All” during the OBA CLE Plenary Session.

Oklahoma Supreme Court Chief Justice-designate Tom Colbert A contested seat on the discusses the state of the court OBA Board of Governors during the General Assembly. is decided during House of Delegates voting.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2669 2013 OBA President Jim Stuart chats with the OKC Thunder Girls during their visit to Annual Meeting.

Nationally recognized lawyer Andrew Vachss presents on family law and criminal law during the Wednesday CLE tracks.

2000 OBA President Joe Crosthwait makes the entrance of the night during Members of the Pittsburg County Bar Association, including 2011 OBA President Deborah Reheard, accept the Outstanding County Bar “At the Hop.” Association Award.

(From left) Jennifer Wall, lawyer Ashley Thompson, OBA Governor Renée DeMoss and OBA Governor Scott Pappas enjoy the Wednesday evening President’s Tailgate Party.

2670 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 BAR NEWS

Election Results: Lawyers in the Legislature By Thad Balkman

One of the most common myths about gov- returning to the House are Randy Grau, Fred ernment and politics is that there is an over- Jordan, Mark McCullough, Richard Morris- abundance of lawyers in the Legislature. sette, Ben Sherrer, John Trebilcock and Cory However, the facts do not support this myth. Williams. There are five new attorneys in the Following last month’s general elections, there House: Scott Biggs, Jon Echols, Kay Floyd, are now 22 lawyers in the Oklahoma Legisla- Terry O’Donnell and David Perryman. In addi- ture, down from 26 at the beginning of the tion to the lawyer legislators in the House, 53rd Legislature. Percentage wise, only 15 Oklahoma City attorney Rick Rose has been percent of the 149 member Legislature is com- appointed chief of staff for Speaker Shannon. prised of lawyers. For this reason, I always Congratulations to both the newly elected and applaud those in the legal profession who run returning lawyer legislators in the Legislature. for office. Whether they win or lose, their deci- If history is an indicator, they will rise quickly sion to place themselves in the arena, as Presi- through the ranks to positions of key influence dent Theodore Roosevelt wrote, merits our within their caucuses and respective chambers praise and respect and is a positive reflection in large part due to their training and experi- upon our profession. ence as lawyers. The total number of attorneys in the Senate is LAWYERS WHO RAN FOR OFFICE presently nine. Incumbents Brian Crain from Tulsa and Clark Jolley from Edmond were re- The following OBA members also warrant elected to final four-year terms in the Senate. our recognition and appreciation for also run- ning for various state and congressional offices: In addition to Mr. Crain and Mr. Jolley, the Paul Catalano, Steve Cortes, David Davis, Tom other attorneys in the Senate are: Patrick Ander- Guild, Julie Hall, John Olson, David Phillips son, Sean Burrage, David Holt, Tom Ivester, III, Michael Romero, Dustin Rowe and Rob Rob Johnson, John Sparks and Anthony Sykes. Wallace. The Senate lost three lawyer legislators when Richard Lerblance and Charlie Laster did not THE THIRD BRANCH run for re-election. Jonathan Nichols was term The 2012 election cycle saw an unprecedented limited and could not run again, but he has been move by special interest groups participating in appointed chief legal counsel for the Senate by the retention election campaign. We are indebt- President Pro-Tempore Brian Bingman. ed to Oklahoma Bar Association President Cathy The total number of lawyers in the House is Christensen, the OBA Board of Governors, other now 13. In addition, new Speaker of the House OBA leaders and the OBA staff for leading the T.W. Shannon is a graduate of the OCU School charge in properly educating the public on the of Law. The only incumbent attorney in the judicial retention ballot and maintaining the House on the ballot, Norman’s Aaron Stiles, integrity of the third branch of government. was re-elected to a second term. In addition to Mr. Balkman is executive director of the Oklahoma Mr. Shannon and Mr. Stiles, the other lawyers Lawyers Association.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2671 2672 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 BOOK REVIEW

Hunting License By Shannon Forth Reviewed by Emily Duensing

Simms Mitchell is “Okla- loss, gives a deep dimen- homa” through and sion to the main charac- through. She owns a ranch; ter. These insights also she rides horses; she has an provide a good contrast arsenal of guns and knows to the graphic scenes how to use them; and, like involving death and her home state, she’s had a violence, which are de brush with religious fanati- rigueur to any suspense cism in the past. or mystery tale. But Simms also has a The book’s only weak- secret — a secret from ness is in its editing, her deeply mysterious unfortunately exhibited past — that continues to by a few typographical haunt and endanger her. and grammatical errors. This secret makes for a Though, despite these suspenseful and interest- distractions, Ms. Forth’s ing first novel by Shan- unstrained and personal non Forth, who — like writing style alongside a her protagonist — is a compelling plot and the practicing Oklahoma clearly local connection attorney. make Hunting License an With an intriguing enjoyable read. This is story line that keeps the 386 pages; paperback, $16.95; certainly a book worth reader involved, it is dif- published by Four Dandelions taking along on vacation. ficult to resist flipping to Publishing, LLC (first edition These same qualities also the end to see how the December 2011) make it easy to look for- book resolves. Simms’ ward to Ms. Forth’s next references to various book in the ‘Simms aspects of her home state bring a familiari- Mitchell’ series, Liquor License, with ty that is both amusing and anticipation. comforting to Oklahoma-native readers. Ms. Duensing is a staff attorney/judicial The author’s own insight into not only assistant with the Oklahoma Court of Civil the practice of law, but also into friend- Appeals, Tulsa Division and is a member of ship, love, and personal and professional the OBJ Board of Editors.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2673 Call to Action: Volunteers Needed to Serve on OBA Committees am excited about the coming year and the opportunity to serve as your president in 2013. But I need your help to accomplish my goals for the association. The work of OBA committees is incredibly Iimportant. I’m a small firm lawyer in Shawnee and realize the sacrifice of time out of the office, but I can honestly say the opportunities for networking and service make it worthwhile. Look over the committee list below. There has to be at least one that interests you. Make the commitment and get involved. Remember if you live in the Tulsa metro that videoconferencing connects you with other committee members at the bar center in Oklahoma City. Signing up online at www.okbar.org is easy. Find the “Join a committee” link inside the “Get Involved” box at the bottom. Or if you still love paper, complete this form and either fax or mail it to the OBA. I’m making committee appointments now, so please let me hear from you soon.

Jim Stuart, President-Elect –––––––––––––––––––––––––––––––– Standing Committees –––––––––––––––––––––––––––––––– • Access to Justice • Diversity • Paralegal • Awards • Group Insurance • Professionalism • Bar Association Technology • Law Day • Rules of Professional • Bar Center Facilities • Law-related Education Conduct • Bench and Bar • Law Schools • Solo and Small Firm • Civil Procedure and • Lawyers Helping Lawyers Conference Planning Evidence Code Assistance Program • Strategic Planning • Legal Intern • Communications • Uniform Laws • Legislative Monitoring • Disaster Response • Women in Law • Member Services and Relief • Work/Life Balance • Military Assistance

Note: No need to sign up again if your current term has not expired. Check www.okbar.org/members/committees/ for terms

Please Type or Print Name ______Telephone ______Address ______OBA # ______City ______State/Zip______FAX ______E-mail ______

Committee Name Have you ever served If so, when? 1st Choice ______on this committee? How long? q q ______2nd Choice ______Yes No q Yes q No ______3rd Choice ______q Yes q No ______n Please assign me to q one q two or q three committees. Besides committee work, I am interested in the following area(s): ______

Mail: Jim Stuart, c/o OBA, P.O. Box 53036, Oklahoma City, OK 73152 Fax: (405) 416-7001

2674 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 AUTHOR-ARTICLE INDEX

Oklahoma Bar Journal Index for 2012, Volume 83

Adams, Ellen Negotiating Settlements Effectively and Ethically 83 33 2649 12/08/12

Adams, Luke Work/Life ‘Balance’ — No Such Thing 83 08 571 03/10/12

Adamsons, Kari; DeLacerda, Melissa; Henderson, Tammy and Tucker, Erinn Shared Parenting in Oklahoma: What about Fathers? 83 20 1737 08/11/12

Altman, Janet Kyle The iPad: How David Bests Goliath 83 02 148 01/14/12

Balkman, Thad Election Results: Lawyers in the Legislature 83 33 2671 12/08/12

Barber, Kate Who is a Terrorist? 83 29 2343 11/03/12

Bartmess, Duchess Monitoring Committee Reviews Legislation 83 05 377 02/11/12

Committee Identifies Legislation of Interest 83 08 594 03/10/12

Session Past Halfway Mark 83 11 923 04/14/12

Session Nears End 83 14 1265 05/19/12

Beale, Jennifer Insurance for Lawyers and Law Practices: From the Basics to “I Didn’t Know You Could Insure That!” 83 26 2113 10/06/12

Beam, Stephen D. and Parsley, Jon K. Ten Things to Know When Starting a Small-Town Practice 83 26 2101 10/06/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2675 Bruce, Deborah J. Lighting the Way 2012 Mona Salyer Lambird Spotlight Award Recipients 83 26 2127 10/06/12

Bruner, Jennifer High School Mock Trial Committee Wraps Up Another Successful Year 83 11 929 04/14/12

Burnett, LeAnne Fracking Face-Off 83 05 321 02/11/12

Calloway, Jim Preparing for ABA TECHSHOW 83 02 156 01/14/12

Most Lawyers Wear Many Hats 83 05 391 02/11/12 OBA 2012 Solo and Small Firm Conference Moves to Durant 83 08 583 03/10/12 Document Assembly for Lawyers 83 11 941 04/14/12 Taking a Charge 83 14 1278 05/19/12

Email Issues for Lawyers Today 83 20 1760 08/11/12

Maximizing Law Firm Profitability 83 23 1911 09/08/12

Equipping the Law Office 83 26 2071 10/06/12

Starting a Law Practice: Great Resources Abound, but Time Does Not 83 26 2160 10/06/12

Unexpected Use of Tools and Unintended Consequences 83 29 2414 11/03/12

Conquering Cloud Computing: Tips for Online File Storage 83 33 2697 12/08/12

Cantrell, Brita Guardians of Oklahoma’s Environment 83 05 353 02/11/12

Cave, Alison A. Professional Liability Insurance - The Rest of the Story 83 26 2085 10/06/12

Caves, Matthew E-Waste: Our Fastest Growing Waste Stream 83 05 347 02/11/12

Chapman, Stephanie and Shields, Susan Practical Advice for Planned Giving to Nonprofit Organizations 83 14 1231 05/19/12

Christensen, Cathy New Year -- New OBA Initiatives 83 02 92 01/14/12

Bar Members Encouraged to Participate in Upcoming Events 83 05 300 02/11/12

2676 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Springing Forward 83 08 548 03/10/12

No Courts, No Justice, No Freedom: Law Day Theme Gives Bar Members Opportunity to Advocate 83 11 868 04/14/12

You Do the Math 83 14 1196 05/19/12

No Summer Vacation for Busy OBA Volunteers 83 20 1684 08/11/12

Who You Walk With Gives Insight into Who You Are 83 23 1876 09/08/12

Law-Related Education: From the Classroom to the Ballot Box 83 26 2060 10/06/12

Preserving Judicial Integrity is Worth Your Support 83 29 2340 11/03/12

A Winning Season for Team OBA 83 33 2636 12/08/12

Clark, Gary C. Oklahoma Nonprofit Corporations: A Basic Primer on Starting up 501 (c)(3) Charitable Organizations 83 14 1199 05/19/12

DeLacerda, Melissa; Adamsons, Kari; Henderson, Tammy and Tucker, Erinn Shared Parenting in Oklahoma: What about Fathers? 83 20 1737 08/11/12

DeMoss, Renée The Oklahoma Bar Foundation A Legal Blueprint for Creating and Sustaining a Successful Nonprofit Charitable Organization 83 23 1894 09/08/12

DeMoss, Renée and Taylor, Melissa Oklahoma Lawyers Serving on Nonprofit Boards: Recognizing and Managing the Risk 83 14 1217 05/19/12

Dexter, Deirdre Straight Talk for Women Staying Smart in Today’s World 83 23 1907 09/08/12

Duensing, Emily Book Review: Hunting License By Shannon Forth 83 33 2672 12/08/12

Eggenschwiler, James E. New Borders and Horizons: Homeland Security and the Modern Explorer 83 29 2355 11/03/12

Epperson, Kraettli Q. The Need for a Federal District Court Certificate in All Title Examinations: A Reconsideration 83 29 2367 11/03/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2677 Erwin, Shon T. Ten Things You Really Should Know about Your Oklahoma Bar Foundation 83 02 160 01/14/12

Today Was a Great Day To Be a Lawyer 83 05 399 02/11/12

How to Avoid the ‘F’ Word and Employ the Three Ds of Nonprofit Board Membership 83 14 1287 05/19/12

2012 OBF Grant Award Announcement 83 26 2168 10/06/12

Putting the FUN Back in Fundraising 83 29 2420 11/03/12

Erwin, Shon T. and Norsworthy, Nancy No, Really — OBF Does Not Receive a Share of Your OBA Dues 83 20 1774 08/11/12

Farrior, William E. Charities and Nonprofit Organizations 83 23 1903 09/08/12

Farris, Matt Supporting Organizations and Donor Advised Funds: Update on Charitable Giving and Tax Exempt Organizations 83 14 1243 05/19/12

Finley, Laura and Miller, Madison The Mechanics of DEQ Environment 83 05 363 02/11/12

Garrison, Tracey The Agony and the Ecstasy: Tips on Starting Your Own Law Practice 83 26 2109 10/06/12

Gelnar, Stephen; Pearce, Ricky; Walters, Mary Kathryn Victory The Endangered Species Act: A Primer 83 05 341 02/11/12

Gentry, D. Sharon What’s In a Name? 83 14 1304 05/19/12

Title IX - 2.0 83 23 1944 09/08/12

Gierhart, Douglas Going With the Flow: The Truth About Cash Flow Management 83 26 2091 10/06/12

Gifford II, Robert Don The Fourth Amendment — The Airport and Borders 83 29 2361 11/03/12

Gillett, Sarah Jane and Rule, Brandon Do You Know Where Your Data Is?: Why an Effective Records Management Policy Is Essential for the Modern Nonprofit 83 14 1209 05/19/12

2678 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Harrell, Alvin C. The Dodd-Frank Act and the Future of State Commercial Transactions Law 83 11 915 04/14/12

Harrington, Michelle C. License Revocation, Suspension and Nonissuance: Is This an Underused Tool for Child Support Enforcement? 83 20 1727 08/11/12

The Non-Tech Side of Starting Your Own Practice 83 26 2079 10/06/12

Henderson, Tammy; Adamsons, Kari; DeLacerda, Melissa; and Tucker, Erinn

Shared Parenting in Oklahoma: What about Fathers? 83 20 1737 08/11/12

Hendryx, Gina Annual Reports Summarize Discipline Action 83 05 393 02/11/12

You Don’t Have to Clock Out at Five: Personal Behavior and Your Law License 83 11 944 04/14/12

Out-of-State Attorneys Reminded to Register 83 20 1766 08/11/12

Client Communication: New Approaches to 83 33 2645 12/08/12 Old Problems

Henry, M. Shane Child Tax Exemptions Related to a Decree of Dissolution of Marriage 83 20 1743 08/11/12

Henson, Virginia Drafting Military Orders 83 20 1719 08/11/12

Hill, Laura C. Liability Insurance: Membership Has Its Privileges 83 11 911 04/14/12

Hilsher, Gerald L. Oops! My Client Had a Spill — What Do I Do Now?! 83 05 303 02/11/12

Holloway, Steven L. One Less Argument 83 20 1747 08/11/12

Izadi, Tina L. Celebrations Focus on Importance of the Judiciary 83 11 871 04/14/12

Jones, Laurie W. The Oklahoma Innocence Project at Work 83 05 401 02/11/12

New Online Resource Makes Finding Pro Bono Work Easy 83 08 609 03/10/12

Limited Scope Representation 83 33 2711 12/08/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2679 Johnson, Daniel The Golden Idol: How Indiana Jones Taught Me 83 08 559 03/10/12 to Attain Work/Life Balance

Johnston, Wes Common Law Remedies for Environmental Torts 83 05 327 02/11/12

Kellogg, Robert D. Historical Overview of Environmental Laws 83 05 369 02/11/12

Kelton, Jeff Oklahoma iCivics Events to Feature Justice Sandra Day O’Connor 83 11 932 04/14/12

Kirkpatrick, Jennifer Heald YLD Chair Shares Vision for 2012 83 02 163 01/14/12

Why Serve? 83 05 403 02/11/12

YLD Staying Busy in 2012 83 08 610 03/10/12

April 27 to be YLD Community Day of Service in Oklahoma 83 11 955 04/14/12

Day of Service Reaches Out to Schools 83 14 1289 05/19/12

Service Casts YLD in Spotlight 83 20 1775 08/11/12

OBA: A Place to Call ‘Home’ 83 23 1925 09/08/12

Success in Solo and Small Firm Settings 83 26 2171 10/06/12

YLD Year in Review 83 33 2713 12/08/12

Koss, Catheryn Transfer-on-Death Deeds 2.0: Statutory Changes Answer Some Questions, But Raise New Ones 83 02 133 01/14/12

Kruger, Treva Krivohlavek Gibbons v. Gibbons: The Burden of Proof for a Change of Custody Since 1968 83 20 1709 08/11/12

Martin, Linda C. and Wofford, Michael C. Phase I Environmental Site Assessments Are Not All Created Equal 83 05 335 02/11/12

Mauch, Angela D. HB 1803: Where Are We Now? Oklahoma’s Landmark Immigration Legislation Five Years Later 83 29 2351 11/03/12

Means, Erin Balancing Law School, Now Legal Career: A Mother’s Perspective 83 08 551 03/10/12

2680 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Book Review: The Seven Deadly Sins of Legal Writing By Theodore L. Blumberg 83 29 2379 11/03/12

Merrill, April Guidelines to Shield Board Members of Nonprofit Organizations From Personal Liability 83 14 1227 05/19/12

Miers Jr., Sheppard F. 2012 Oklahoma Tax Legislation 83 29 2373 11/03/12

Miller, Madison and Finley, Laura The Mechanics of DEQ Environment 83 05 363 02/11/12

Monroe, Linda and Wilson, Amy E. Calculating Child Support for Military Parents 83 20 1737 08/11/12

Murray, Ann E. Stress 83 08 575 03/10/12

Nix, Jeff As It Happened, or Rather as It Was Meant to Happen 83 02 176 01/14/12

Norsworthy, Nancy A Small Investment in the Future: Your Single Contribution Helps 38 Law-Related Charitable Programs 83 08 606 03/10/12

Oklahoma Bar Foundation Announces 2012 Court Grant Awards 83 23 1922 09/08/12

Norsworthy, Nancy and Erwin, Shon T. No, Really — OBF Does Not Receive a Share of Your OBA Dues 83 20 1774 08/11/12

Oliver, Jimmy Family Law Conflicts: When Can You Represent a New Client Against a Former Client in a New Divorce Matter? 83 33 2661 12/08/12

Pappas, D. Scott What’s Your Exit Strategy? 83 26 2105 10/06/12

Parsley, Jon K. and Beam, Stephen D. Ten Things to Know When Starting a Small-Town Practice 83 26 2101 10/06/12

Pearce, Ricky; Gelnar, Stephen; Walters, Mary Kathryn Victory The Endangered Species Act: A Primer 83 05 341 02/11/12

Pickens, Travis Committee Revitalizes Lawyers Helping Lawyers Foundation 83 02 150 01/14/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2681 Q&A with TU Law Dean Levit 83 08 601 03/10/12

The Three I’d Monster 83 14 1281 05/19/12

Educating Your Assistants 83 23 1913 09/08/12

New Additions Enhance Ethics Web Page 83 26 2164 10/06/12

Trust Accounting 101 83 26 2097 10/06/12

Checklist of Policies and Procedures for an Ethical Law Practice 83 33 2655 12/08/12

Q&A with OCU Law Dean Couch 83 33 2701 12/08/12

Pollard, Gregory D. Work/Life Balance for the Bivocational Lawyer 83 08 563 03/10/12

Purcell, James A. Casey at the Bar: A Tribute to Ernest L. Thayer’s Poem 83 11 968 04/14/12

Rasmussen, Lori Cathy Christensen to Lead OBA in 2012 83 02 95 01/14/12

LHL Foundation Kickoff Event: Drafting a Blueprint for Success 83 05 375 02/11/12

Dynamic Speakers to Share Their Stories at LHL Foundation Banquet 83 08 580 03/10/12

Reheard Takes Reins of Pros4Vets 83 14 1272 05/19/12

OBA Voter Education Initiative Praised: www.CourtFacts.org 83 29 2378 11/03/12

Reheard, Deborah Welcome Home 45th! 83 11 937 04/14/12

Ricketts, Ronald Oklahoma’s Revised Arbitration Act 83 02 138 01/14/12

Robert, Hugh M. Unrelated Business Income Tax (UBIT): What Is It and Why Should My Exempt Organizational Clients Care? 83 14 1237 05/19/12

Rose, Richard Committee to Help Take on Least Understood Branch Project 83 11 954 04/14/12

Roush, Ray Giving Advice: Remembering A Mentor 83 26 2184 10/06/12

2682 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Rule, Brandon and Gillett, Sarah Jane Do You Know Where Your Data Is?: Why an Effective Records Management Policy Is Essential for the Modern Nonprofit 83 14 1209 05/19/12

Saunders, Katherine Estate Planning Prior to, During and After Marital Dissolution 83 20 1699 08/11/12

Shields, Susan Cy Pres? S’il Vous Plait! 83 11 951 04/14/12

Practical Advice for Planned Giving to Nonprofit Organizations 83 14 1231 05/19/12

Counting on You: Consider the OBF for Your End-of-Year Donations 83 33 2708 12/08/12

Shields, Susan and Chapman, Stephanie Practical Advice for Planned Giving to Nonprofit Organizations 83 14 1231 05/19/12

Smith, Carolyn I Know Where She Is 83 29 2440 11/03/12

Smith, Kara I. Committee to Present First Diversity Awards 83 26 2118 10/06/12

Stinson, Sheila and Walke, Collin R. Bench and Bar Relations in the Digital Age 83 33 2639 12/08/12

Stewart, Sarah C. Exploring the Justice Gap 83 26 2170 10/06/12

Taylor, Melissa and DeMoss, Renée Oklahoma Lawyers Serving on Nonprofit Boards: 83 14 1217 05/19/12 Recognizing and Managing the Risk

Ternes, Mary Ellen Greenhouse Gas and Climate Change: Current Law, Regulation and Policy 83 05 311 02/11/12

Thomas, Paul R. Camp Barnabas Isn’t a Place, It’s a Gift 83 20 1792 08/11/12

Travis, Margaret Voicemail 83 05 416 02/11/12

To Run or Not to Run? 83 08 624 03/10/12

Getting Dissed at the Mall 83 33 2728 12/08/12

Tucker, Erinn; Adamsons, Kari; DeLacerda, Melissa; and Henderson, Tammy Shared Parenting in Oklahoma: What about Fathers? 83 20 1737 08/11/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2683 Tucker, Phillip J. SCRA: The Real ‘Rules of Engagement’ and its Impact in Family Law Practice 83 20 1687 08/11/12

Tucker, Roy D. New YLD Leadership Set to Take Office in 2013 83 29 2423 11/03/12

Vincent, Evan Work/Life Balance: A Structured but Flexible Approach 83 08 567 03/10/12

Walke, Collin R. and Stinson, Sheila Bench and Bar Relations in the Digital Age 83 33 2639 12/08/12

Walters, Mary Kathryn Victory; Pearce, Ricky; Gelnar, Stephen The Endangered Species Act: A Primer 83 05 341 02/11/12

Welch, Judge Allen Book Review: Big League City: Oklahoma City’s Rise to the NBA By David Holt 83 20 1758 08/11/12

Will, Bryon J. Starting Solo: From Oath to My Own Office 83 26 2065 10/06/12

Williams, John Morris Final Phase of the Final Phase 83 02 151 01/14/12 OBA Leadership Class Inspires Optimism 83 05 389 02/11/12 Get Out Your Checkbook 83 08 598 03/10/12 Some Things I Have Learned 83 11 940 04/14/12 Diversity Committee Doing More This Year 83 14 1276 05/19/12 Done! 83 20 1751 08/11/12 Don’t Regret — Register! Homecoming 2012 83 23 1910 09/08/12

Technology Plan Moves Ahead 83 26 2158 10/06/12 To All the Lawyers I Have Loved 83 29 2413 11/03/12 Last Article of the Year 83 33 2696 12/08/12

Wilson, Amy E. and Monroe, Linda Calculating Child Support for Military Parents 83 20 1731 08/11/12

Wright, George The Rich Advantage of Good Exercise 83 08 555 03/10/12

Wofford, Michael C. and Martin, Linda C. Phase I Environmental Site Assessments Are Not All Created Equal 83 05 335 02/11/12

2684 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 SUBJECT INDEX

Oklahoma Bar Journal Index for 2012, Volume 83

ACCESS TO JUSTICE

Jones, Laurie W. The Oklahoma Innocence Project at Work 83 05 401 02/11/12 New Online Resource Makes Finding Pro Bono Work Easy 83 08 609 03/10/12 Limited Scope Representation 83 33 2711 12/08/12

Rose, Richard L. Committee to Help Take on Least Understood Branch Project 83 11 954 04/14/12

Stewart, Sarah C. Exploring the Justice Gap 83 26 2170 10/06/12

ARBITRATION

Ricketts, Ronald Oklahoma’s Revised Arbitration Act 83 02 138 01/14/12

THE BACK PAGE

Gentry, D. Sharon What’s In a Name? 83 14 1304 05/19/12 Title IX - 2.0 83 23 1944 09/08/12

Nix, Jeff As It Happened, or Rather as It Was Meant to Happen 83 02 176 01/14/12

Purcell, James A. Casey at the Bar: A Tribute to Ernest L. Thayer’s Poem 83 11 968 04/14/12

Roush, Ray Giving Advice: Remembering A Mentor 83 26 2184 10/06/12

Smith, Carolyn I Know Where She Is 83 29 2440 11/03/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2685 Thomas, Paul R. Camp Barnabas Isn’t a Place, It’s a Gift 83 20 1792 08/11/12

Travis, Margaret Voice Mail 83 05 416 02/11/12

To Run or Not to Run? 83 08 624 03/10/12

Getting Dissed at the Mall 83 33 2728 12/08/12

BOOK REVIEW Duensing, Emily Hunting License By Shannon Forth 83 33 2672 12/08/12

Means, Erin L. The Seven Deadly Sins of Legal Writing By Theodore L. Blumberg 83 29 2379 11/03/12

Welch, Judge Allen Big League City: Oklahoma City’s Rise to the NBA By David Hold 83 20 1758 08/11/12

COMMERCIAL LAW

Harrell, Alvin C. The Dodd-Frank Act and the Future of State Commercial Transactions Law 83 11 915 04/14/12

DIVERSITY

Smith, Kara I. Committee to Present First Diversity Awards 83 26 2118 10/06/12

ENVIRONMENTAL LAW

Burnett, LeAnne Fracking Face-Off 83 05 321 02/11/12

Cantrell, Brita Guardians of Oklahoma’s Environment 83 05 353 02/11/12

Caves, Matthew E-Waste: Our Fastest Growing Waste Stream 83 05 347 02/11/12

Finley, Laura and Miller, Madison The Mechanics of DEQ Enforcement 83 05 363 02/11/12

Gelnar, Stephen; Pearce, Ricky and Walters, Mary Kathryn Victory The Endangered Species Act: A Primer 83 05 341 02/11/12

Hilsher, Gerald L. Oops! My Client Had a Spill -- What Do I Do Now?! 83 05 303 02/11/12

Johnston, Wes Common Law Remedies for Environmental Torts 83 05 327 02/11/12

2686 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Kellogg, Robert D. Historical Overview of Environmental Laws 83 05 369 02/11/12

Martin, Linda C. and Wofford, Michael C. Phase I Environmental Site Assessments Are Not All Created Equal 83 05 335 02/11/12

Ternes, Mary Ellen Greenhouse Gas and Climate Change; Current Law, Regulation and Policy 83 05 311 02/11/12

ESTATE PLANNING

Koss, Catheryn Transfer-on-Death Deeds 2.0: Statutory Changes Answer Some Questions, But Raise New Ones 83 02 133 01/14/12

ETHICS AND PROFESSIONAL RESPONSIBILITY

Adams, Ellen Negotiating Settlements Effectively and Ethically 83 33 2649 12/08/12

Hendryx, Gina Annual Reports Summarize Discipline Action 83 05 393 02/11/12

You Don’t Have to Clock Out at Five: Personal Behavior and Your Law License 83 11 944 04/14/12

Out-of-State Attorneys Reminded to Register 83 20 1766 08/11/12

Client Communication: New Approaches to Old Problems 83 33 2645 12/08/12

Oliver, Jimmy Family Law Conflicts: When Can You Represent a New Client Against a Former Client in a New Divorce Matter? 83 33 2661 12/08/12

Pickens, Travis Q&A with TU Law Dean Levit 83 08 601 03/10/12

The Three I’d Monster 83 14 1281 05/19/12

Educating Your Assistants 83 23 1913 09/08/12

New Additions Enhance Ethics Web Pages 83 26 2164 10/06/12

Checklist of Policies and Procedures for an Ethical 83 33 2655 12/08/12 Law Practice

Q&A with OCU Law Dean Couch 83 33 2701 12/08/12

Stinson, Sheila and Walke, Collin R. Bench and Bar Relations in the Digital Age 83 33 2639 12/08/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2687 FAMILY LAW

Adamsons, Kari; DeLacerda, Melissa; Henderson, Tammy and Tucker, Erinn Shared Parenting in Oklahoma: What about Fathers? 83 20 1737 08/11/12

Harrington, Michelle C. License Revocation, Suspension and Nonissuance: Is This an Underused Tool for Child Support Enforcement? 83 20 1727 08/11/12

Henry, M. Shane Child Tax Exemptions Related to a Decree of Dissolution of Marriage 83 20 1743 08/11/12

Henson, Virginia Drafting Military Orders 83 20 1719 08/11/12

Holloway, Steven L. One Less Argument 83 20 1747 08/11/12

Kruger, Treva Krivohlavek Gibbons v. Gibbons: The Burden of Proof for a Change of Custody Since 1968 83 20 1709 08/11/12

Monroe, Linda and Wilson, Amy E. Calculating Child Support for Military Parents 83 20 1731 08/11/12

Saunders, Katherine Estate Planning Prior to, During and After Marital Dissolutions 83 20 1699 08/11/12

Tucker, Phillip J. SCRA: The Real ‘Rules of Engagement’ and its Impact in Family Law Practice 83 20 1687 08/11/12

FROM THE EXECUTIVE DIRECTOR

Williams, John Morris Final Phase of the Final Phase 83 02 151 01/14/12

OBA Leadership Class Inspires Optimism 83 05 389 02/11/12

Get Out Your Checkbook 83 08 598 03/10/12

Some Things I Have Learned 83 11 940 04/14/12

Diversity Committee Doing More This Year 83 14 1276 05/19/12

Done! 83 20 1751 08/11/12

Don’t Regret — Register! Homecoming 2012 83 23 1910 09/08/12

Technology Plan Moves Ahead 83 26 2158 10/06/12

To All the Lawyers I Have Loved 83 29 2413 11/03/12

Last Article of the Year 83 33 2696 12/08/12

2688 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 FROM THE PRESIDENT

Christensen, Cathy New Year — New OBA Initiatives 83 02 92 01/14/12

Bar Members Encouraged to Participate in Upcoming Events 83 05 300 02/11/12

Springing Forward 83 08 548 03/10/12

No Courts, No Justice, No Freedom: Law Day Theme Gives Bar Members Opportunity to Advocate 83 11 868 04/14/12

You Do the Math 83 14 1196 05/19/12

No Summer Vacation for Busy OBA Volunteers 83 20 1684 08/11/12

Who You Walk With Gives Insight into Who You Are 83 23 1876 09/08/12

Law-Related Education: From the Classroom to the Ballot Box 83 26 2060 10/06/12

Preserving Judicial Integrity is Worth Your Support 83 29 2340 11/03/12

A Winning Season for Team OBA 83 33 2636 12/08/12

HOMELAND SECURITY

Barber, Kate Who is a Terrorist? 83 29 2343 11/03/12

Eggenschwiler, James E. New Borders and Horizons: Homeland Security and the Modern Explorer 83 29 2355 11/03/12

Gifford II, Robert Don The Fourth Amendment — the Airport and Borders 83 29 2361 11/03/12

Mauch, Angela D. HB 1803: Where Are We Now? Oklahoma’s Landmark Immigration Legislation Five Years Later 83 29 2351 11/03/12

INSURANCE LAW

Bruce, Phillip R. and Kolker, Paul M. Liability Insurance: Membership Has Its Privileges 83 11 911 04/14/12

LAW DAY

Izadi, Tina L. Celebrations Focus on Importance of the Judiciary 83 11 871 04/14/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2689 LAWYERS FOR HEROES

Rasmussen, Lori Reheard Takes Reins of Pros4Vets 83 14 1272 05/19/12

Reheard, Deborah Welcome Home 45th! 83 11 937 04/14/12

LAWYERS HELPING LAWYERS

Pickens, Travis Committee Revitalizes Lawyers Helping Lawyers Foundation 83 02 150 01/14/12

Rasmussen, Lori LHL Foundation Kickoff Event: Drafting a Blueprint for Success 83 05 375 02/11/12

Dynamic Speakers to Share Their Stories at LHL Foundation Banquet 83 08 580 03/10/12

LAW PRACTICE TIPS

Calloway, Jim Preparing for ABA TECHSHOW 83 02 156 01/14/12

Most Lawyers Wear Many Hats 83 05 391 02/11/12

Document Assembly for Lawyers 83 11 941 04/14/12

Taking a Charge 83 14 1278 05/19/12

Email Issues for Lawyers Today 83 20 1760 08/11/12

Maximizing Law Firm Profitability 83 23 1911 09/08/12

Starting a Law Practice: Great Resources Abound, but Time Does Not 83 26 2160 10/06/12

Unexpected Use of Tools and Unintended Consequences 83 29 2414 11/03/12

Conquering Cloud Computing: Tips for Online File Storage 83 33 2697 12/08/12

LAW-RELATED EDUCATION

Bruner, Jennifer High School Mock Trial Committee Wraps Up Another Successful Year 83 11 928 04/14/12

Kelton, Jeff Oklahoma iCivics Events to Feature Justice Sandra Day O’Connor 83 11 932 04/14/12

2690 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Rasmussen, Lori OBA Voter Education Initiative Praised: www.CourtFacts.org 83 29 2378 11/03/12

LEGISLATIVE NEWS

Balkman, Thad Election Results: Lawyers in the Legislature 83 33 2671 12/08/12

Bartmess, Duchess Monitoring Committee Reviews Legislation 83 05 377 02/11/12

Committee Identifies Legislation of Interest 83 08 594 03/10/12

Session Past Halfway Mark 83 11 923 04/14/12

Session Nears End 83 14 1265 05/19/12

MEET YOUR BAR ASSOCIATION

Rasmussen, Lori Cathy Christensen to lead OBA in 2012 83 2 95 01/14/12

NONPROFIT LAW

Chapman, Stephanie and Shields, Susan B. Practical Advice for Planned Giving to Nonprofit Organizations 83 14 1231 05/19/12

Clark, Gary C. Oklahoma Nonprofit Corporations: A Basic Primer on Starting up 501 (c)(3) Charitable Organizations 83 14 1199 05/19/12

DeMoss, Renée The Oklahoma Bar Foundation A Legal Blueprint for Creating and Sustaining a Successful Nonprofit Charitable Organization 83 23 1894 09/08/12

DeMoss, Renée and Taylor, Melissa Oklahoma Lawyers Serving on Nonprofit Boards: Recognizing and Managing the Risk 83 14 1217 05/19/12

Farrior, William E. Charities and Nonprofit Organizations 83 23 1903 09/08/12

Farris, Matt Supporting Organizations and Donor Advised Funds: Update on Charitable Giving and Tax Exempt Organizations 83 14 1243 05/19/12

Gillett, Sarah Jane and Rule, Brandon Do You Know Where Your Data Is?: Why an Effective Records Management Policy Is Essential for the Modern Nonprofit 83 14 1209 05/19/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2691 Merrill, April Guidelines to Shield Board Members of Nonprofit Organizations From Personal Liability 83 14 1227 05/19/12

Robert, Hugh M. Unrelated Business Income Tax (UBIT): What Is It and Why Should My Exempt Organizational Clients Care? 83 14 1237 05/19/12

OKLAHOMA BAR FOUNDATION

Erwin, Shon T. Ten Things You Really Should Know about Your Oklahoma Bar Foundation 83 02 160 01/14/12

Today Was a Great Day To Be a Lawyer 83 05 399 02/11/12

How to Avoid the ‘F’ Word and Employ the Three Ds of Nonprofit Board Membership 83 14 1287 05/19/12

2012 OBF Grant Award Announcement 83 26 2168 10/06/12

Putting the FUN Back in Fundraising 83 29 2420 11/03/12

Erwin, Shon T. and Norsworthy, Nancy No, Really — OBF Does Not Receive a Share of Your OBA Dues 83 20 1774 08/11/12

Norsworthy, Nancy A Small Investment in the Future: Your Single Contribution Helps 38 Law-Related Charitable Programs 83 08 606 03/10/12

Oklahoma Bar Foundation Announces 2012 Court Grant Awards 83 23 1922 09/08/12

Shields, Susan Cy Pres? S’il Vous Plait! 83 11 951 04/14/12

Counting on You: Consider the OBF for Your End-of-Year Donations 83 33 2708 12/08/12

OPENING A LAW PRACTICE

Beale, Jennifer Insurance for Lawyers and Law Practices: From the Basics to “I Didn’t Know You Could Insure That!” 83 26 2113 10/06/12

Beam, Stephen D. and Parsley, Jon K. Ten Things to Know When Starting a Small-Town Practice 83 26 2101 10/06/12

2692 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Calloway, Jim Equipping the Law Office 2012 83 26 2071 10/06/12

Cave, Alison A. Professional Liability Insurance — The Rest of the Story 83 26 2085 10/06/12

Garrison, Tracey The Agony and the Ecstasy: Tips on Starting Your Own Law Practice 83 26 2109 10/06/12

Gierhart, Douglas Going With the Flow: The Truth About Cash Flow Management 83 26 2091 10/06/12

Harrington, Michelle C. The Non-Tech Side of Starting Your Own Practice 83 26 2079 10/06/12

Pappas, D. Scott What’s Your Exit Strategy? 83 26 2105 10/06/12

Pickens, Travis Trust Accounting 101 83 26 2097 10/06/12

Will, Bryon J. Starting Solo: From Oath to My Own Office 83 26 2065 10/06/12

REAL PROPERTY LAW

Epperson, Kraettli Q. The Need For A Federal District Court Certificate in All Title Examinations: A Reconsideration 83 29 2367 11/03/12

TAXATION LAW

Miers Jr., Sheppard F. 2012 Oklahoma Tax Legislation 83 29 2373 11/03/12

TECHNOLOGY

Altman, Janet K. The iPad: How David Bests Goliath 83 02 148 01/14/12

YOUNG LAWYERS DIVISION

Kirkpatrick, Jennifer Heald YLD Chair Shares Vision for 2012 83 02 163 01/14/12

Why Serve? 83 05 403 02/11/12

YLD Staying Busy in 2012 83 08 610 03/10/12

April 27 to be YLD Community Day of Service in Oklahoma 83 11 955 04/14/12

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2693 Day of Service Reaches Out to Schools 83 14 1289 05/19/12

Service Casts YLD in Spotlight 83 20 1775 08/11/12

OBA: A Place to Call ‘Home’ 83 23 1925 09/08/12

Success in Solo and Small Firm Settings 83 26 2171 10/06/12

YLD Year in Review 83 33 2713 12/08/12

Tucker, Roy D. New YLD Leadership Set to Take Office in 2013 83 29 2423 11/03/12

WOMEN IN LAW

Bruce, Deborah J. Lighting the Way 2012 Mona Salyer Lambird Spotlight Award Recipients 83 26 2127 10/06/12

Dexter, Deirdre Straight Talk for Women 83 23 1907 09/08/12 Staying Smart in Today’s World

WORK/LIFE BALANCE

Adams, Luke Work/Life ‘Balance’— No Such Thing 83 08 571 03/10/12

Johnson, Daniel The Golden Idol: How Indiana Jones Taught Me to Attain Work/Life Balance 83 08 559 03/10/12

Means, Erin L. Balancing Law School, Now Legal Career: A Mother’s Perspective 83 08 551 03/10/12

Murray, Ann E. Stress 83 08 575 03/10/12

Pollard, Gregory D. Work/Life Balance for the Bivocational Lawyer 83 08 563 03/10/12

Vincent, Evan Work/Life Balance: A Structured but Flexible Approach 83 08 567 03/10/12

Wright, George The Rich Advantage of Good Exercise? 83 08 555 03/10/12

2694 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 FROM THE PRESIDENT cont’d from page 2636 provements to the current system and make the impartial judiciary. Our website, CourtFacts.org, transition easy for you. was mentioned positively by newspapers across the state and viewed 45,000 times! This year the remodel of the bar center was completed. There is still minor work to do here NEW EVENTS and there, and a few offices are due furniture — This year, the OBA hosted two new events that but the remodel is done! Every phase of the proj- I hope will continue to be annual events for our ect has been paid with cash each step of the way. association — a banquet and auction to raise The building is free from asbestos and has suffi- money for and awareness of the Lawyers Helping cient handicap access to the building, offices and Lawyers Foundation and LHL Assistance Pro- bathrooms. Place take time to visit your bar cen- gram; and a Diversity Committee awards lun- ter for CLE or just a quick tour. It is YOUR build- cheon to recognize leaders in the effort to diver- ing. sify our profession and the legal community. Both My goal this year was to create new opportuni- events were very successful and long overdue. ties for law-related education. In April, in partner- The Professionalism Committee will host a Pro- ship with Oklahoma City University, the OBA fessionalism Symposium this month with the hosted retired Justice Sandra Day O’Connor for Oklahoma law school deans and Oklahoma three days of events. Justice O’Connor spoke to Supreme Court justices. Seating is limited so more than 1,100 high school and law school stu- reserve your seat early! This Dec. 13 symposium dents, attorneys and laypeople about the third at the Oklahoma Judicial Center will be awe- branch of government and the administration of some! justice. FINAL INNING AND IT’S A HOMERUN! This year, under the leadership of Chairperson Jennifer Kirkpatrick, the Young Lawyers Division All in all — it has been a wild and wonderful increased their outreach to high schools during year. Thank you again for allowing me the privi- the weeks before and after Law Day. The OBA lege of serving as your president. It has been an Law-related Education Department doubled its honor! I am so proud of the strength and unity of distribution of the newly revised You’re 18 Now our bar association and its 17,300 members. We — It’s Your Responsibility to high schools and do good things for our community, our profes- middle schools across the state. sion and the administration of justice. We are a profession with a substantial amount of honesty This year, during the election season, I am and integrity. I am proud to be a member of Team proud that as an association we stepped forward OBA. Thank you for this opportunity, and may to continue to educate the public about the reten- God bless you and keep you. tion election and the importance of a fair and

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2695 FROM THE EXECUTIVE DIRECTOR

Last Article of the Year By John Morris Williams

I cannot believe this is my before navigating away. about what has happened and last article of the year. It seems Mandatory continuing legal what is to come for the OBA. the pages turn way too quickly education (MCLE) hours need If you have not already done these days. No complaints. It to be completed by Dec. 31, so, join a section or committee. was a fun and exciting year. 2012. If you are late, it will cost Both are easy to do. Just check First, to President Cathy you more. There are many off a section on your dues Christensen. It was a fun and seminars and online opportu- statement or go to eventful year. Lawyers Help- nities available through the www.okbar.org and under ing Lawyers Foundation was OBA. I hope you will choose “committees” you can sign up finalized and funded. Big to shop with us! for as many as three commit- thanks to you! San- tees in less than 30 sec- dra Day O’Connor. onds. The committees Thanks to you! and sections will have Diversity Confer- lots of activities this ence huge success, I would be remiss in not mentioning year, and you will be thanks to you! sorry if you don’t Great Annual Meet- the multiple volunteers who participated participate. ing, thanks to you! I In closing. Thanks to would be remiss in and helped make these and all the other the OBA officers, not mentioning the Board of Governors, multiple volunteers events possible. staff and, of course, who participated our incredible mem- and helped make bers for a wonderful these and all the year. It was a very other events possible. Howev- THE YEAR AHEAD good year for the OBA because er, it was your leadership and President-Elect James T. of each of you. May the best of charm that made things hap- the season be yours. pen so well. “Jim” Stuart has an exciting agenda planned for next year. I hope to see and work with Also, Madame President, I have termed it “A Year of each of you during our year of thanks for the kind words and Stuartship.” His primary focus Stuartship. good laughs we had. We all will be on highlighting law- owe you a debt of gratitude yers in community service and for your work on the Court calling each of us to do more Facts website. for our community and our Now, down to business. state. If you check his resume, Dues are due Jan. 2, 2013. You you will see he has practiced can pay online or by mail. what he preaches. It will be an To contact Executive Director Make sure if you are paying exciting and fun year! Williams, email him at johnw@ online that you carefully fol- I am using a lot of exclama- okbar.org. low the instructions and wait tion marks. I am doing so for the acknowledgment because I am truly excited

2696 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 LAW PRACTICE TIPS

Conquering Cloud Computing Tips for Online File Storage By Jim Calloway

Increasingly today, the ques- options and prices of various One example is digital photo- tion is not whether files should cloud storage services. It is also graph storage. If you want to be stored online, but where. with each of us. Very few peo- share your photos with your Online file storage and cloud ple have the time or patience to friends and acquaintances, you computing have reached the examine many cloud services would probably post them to point where most computer to pick the ones that meet our Facebook or another social and smart phone users can no needs. media site. If you were to share longer ignore the benefits. One them with the world, allowing can store thousands of files anyone to use them, there are online where they can be photo-sharing sites like Flickr, accessed almost instantly. Photobucket Pro or Smug Mug. Many services now offer some One of the If you do not want to share online storage for free in hopes them but want to protect them that you will upgrade when attendees asked, from being lost or destroyed, you exhaust all of that space. you would make sure they ‘So, am I supposed were in a folder that was auto- This column is directed to matically backed up online, so anyone who wants to learn to use Evernote instead they would be a part of your more about online file storage. online backup file. Most people Feel free to share it with your of Dropbox?’ My want their photos safely non-lawyer friends. There will backed up, even if the best be a follow up article early in bottom line answer is, ones are shared online. 2013 about the lawyer’s use of cloud storage for business files. ‘Use both.’ Since the topic today is personal files and records as con- Last month at the OBA Law trasted with the digital files of Office Management and Tech- a law firm, let’s discuss what I nology Section Annual Meet- To start this analysis, com- deem to be some significant ing, I gave a brief demonstra- plete the Needs Analysis Chart points: tion of Evernote. One of the on the following page. When attendees asked, “So, am I • Convenience is the most you complete this chart, you supposed to use this instead important feature for most will not be able to total a col- of Dropbox?” In response, I personal items. Lawyers are umn and get the correct explained the different features busy, but I rarely talk to any- answer. In fact you will need to of Evernote that are not in one who has plenty of time fill it out multiple times for Dropbox. But my bottom line to do everything they need each type of information. Bank answer is, “Use both.” or want to do. You will statements and credit card never fully realize the bene- Thinking about that receipts should generate very fits of online file storage if it exchange later, I wondered different answers from family requires a manual login and whether there was any way Christmas photos. But com- several additional steps each to simplify the cloud storage pleting the chart means that time. We need to save or file selection process. The challenge you will have begun your most things in seconds if we isn’t just with the different “needs analysis.” are actually going to use our

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2697 Needs Analysis Chart Very Not Very Important Important Security Convenience Mobile Access Annual Expense Ease of Filing and Storage Ability to Edit Social Sharing (Automatic) Share Files as Desired Long-term free (or virtually free) storage

online file storage. So for where the consequences of I’m all for privacy, but for most items, we want either disclosure are profound. much personal information automatic file synchroniza- But a password requirement (e.g. your child’s sports sched- tion, “one click” filing or keeps all but the cyber- ule, that online article you read saving/filing via email. Oth- criminals from accessing on a great vacation spot, favor- erwise this will be another your files. ite recipes) convenience is more useful idea that is never important than military grade implemented. • Sharing information is good. security. Many lawyers react to even • Security is overrated. That the mention of social media Many of us do not use these statement may shock some sites as if they were evil or services because there is not lawyers. Sure, if you are just crazy (of course, if they enough time to do the research going to keep your tax are family law lawyers they on what to use and to learn returns and the backup infor- how to use it. But if you mation in an online storage probably have some fair amount of evidence from haven’t used online file stor- site, you would want it to be age, now is a good time to Facebook to support their a secure site. Likely, you jump in. So spend some time claim at this point!). Cloud would want to take the extra thinking of what is really computing services allow step of encrypting that file important to keep. Have a dif- before uploading it (don’t you to easily share all sorts of ferent process for that small set lose that password!). But you files, as opposed to wonder- of information that needs to be also would not need to be ing what the newest privacy very secure (or don’t place it able to access that file within policy change by Facebook online at all). A non-exhaustive seconds. But for the vast really means. list of materials that need to be majority of personal files kept secure would include: most people would save • Using more than one online online, there are very few service is likely required, but • anything with finances that privacy or security issues, so certainly no more than three has an account number; is the limit for most of us. convenience trumps security. • anything with a Social • P assword-protected sites are • Online backup is critical for Security number; most people and all business- still protected. That is the • medical records; point I am trying to make es. But, for simplicity’s sake, very clear. Secure online stor- it will be excluded from • personally identifiable infor- age is important for items today’s discussion. mation that could be used for

2698 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 identity theft like birthdates (a warning too late for many); and A service that I have been using a • files you want to keep lot more lately is Evernote, found at private. It may make sense to use www.evernote.com. Dropbox for most files and a different service for items you want to keep private and “per- box files are not encrypted 5 GB of free cloud storage. manently.” If you have not yet while at rest on the service. If The FAQ’s state “Purchased set up “two-fact authentica- you want to upload files to music, movies, TV shows, tion” for your online storage, Dropbox that are confidential apps, and books, as well as you may want to refer back to in nature and you want to photos in your Photo my article, “Email Issues for encrypt them yourself so that Stream don’t count against Lawyers Today” found on page they will be encrypted at all your 5 GB of free storage.” 1760 in the August 11, 2012, times on Dropbox, your atten- Additional paid storage is issue of the Oklahoma Bar Jour- tion is directed to Viivo (www. available. nal or at www.okbar.org/s/ viivo.com), a service that facili- Some deem services like Box emailissues. But make sure tates encrypting files when or SpiderOak more secure than when you set that up, you using Dropbox. Best of all it is Dropbox because the end user understand how you would free for personal or business is the only one who has the access your files if your mobile use — at least for now. You can encryption key; while at Drop- phone is lost. get the Viivo app for mobile box there are a limited number devices as well. One commen- I’ve written about Dropbox of employees who could tator preferred BoxCryptor1 for many times before. It has been decrypt a file or provide cloud-based encryption. available for four years and has account access in an appropri- recently reached the 100-mil- Dropbox is very popular and ate situation, like the death of lion-user milestone. It installs widely used. Many apps are the account holder and an easily on your computer, creat- designed to automatically save order from the probate court. ing a Dropbox folder under the files to Dropbox. However, A service that I have been Documents folder. Saving doc- there are many services similar using a lot more lately is Ever- uments (or any files) to that to Dropbox. Here are some of note, found at www.evernote. folder means they will be syn- the best-known: chronized with the Dropbox in com. Evernote is a very useful the cloud and can be accessed • Box – 5 GB free with addi- online service. I’m still learning by another authorized comput- tional paid storage available. and experimenting with what it can do. The free version er and your smart phone and • SpiderOak – 2 GB free with gives you 60 MB of total tablet if you install the free additional paid storage avail- uploads per month, but I Dropbox apps. Dropbox gives able. all users two gigabytes of free strongly suggest that you con- storage. That is a lot if you are • SugarSync – $50 per year, 30 sider the paid premium version just storing word processing GB storage with other plans at some point. If you start and PDF files, but you can available. There is a free trial using Evernote a fair amount, upgrade to Pro plans for but no free plan. you can hit the 60 MB thresh- old easily. The paid plan pro- 100 to 500 GB starting at • Amazon Cloud – Creating an $9.99/month. vides many more uploads and Amazon account gives 5 GB other features. free storage with additional I think Dropbox has reason- 2 able security. It uses Amazon paid storage available. According to iMore.com, “For $5 /month or $45/year Simple Storage Service (Ama- • Microsoft Sky Drive – 25 GB zon S3) Security, which means, you’ll get 1 GB of storage free storage. A Windows Live upload space per month among other things, that the ID is needed. file is safely encrypted in tran- as well as many other pre- sit between all devices and • Apple iCloud – iCloud cus- mium features including the Dropbox. However, the Drop- tomers are provided with following:

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2699 • Offline access Really enjoy a bottle of wine? www.okbar.org/s/evernote- Snap a picture of the label and gets-makeover • No ads store it in Evernote for future If you are the pen-and-paper • Extensive note history that reference. Reading a personal type and want to stay that way allows you to view past ver- email and decide you would for your note-taking, then you sions of your notes (good if like to keep it? All of your Out- may consider purchasing the you’re collaborating with look emails have a nice “Add newly announced Evernote others) to Evernote button” on the Smart Notebook by Moleskine. toolbar. Want to quickly add This notebook is designed to • 50 MB uploads per note items from your mobile phone? easily save your handwritten Add the custom email address • Pin lock allowing you to lock notes into useable digital Ever- you are given as an Evernote your Evernote application to note files by using your smart subscriber to your address prevent unauthorized access phone camera. See the promo- book. Emailing to that address tional video here: http://ever- • PDF search” puts that photograph or for- note.com/getting_started/ warded email right into your But here’s the point: These moleskine/. limits are for monthly uploads. Evernote. The bottom line for me right The storage is unlimited. Many You can save notes, remind- now — Dropbox, Evernote and of us got excited when we ers, photos, web clips and the iCloud to back up my learned Dropbox gave us 2 GB many other types of informa- iPhone. Stay tuned for a new of total free storage. Evernote tion. It is a superb way to save look at cloud computing for Premium gives us 1 GB to information permanently to lawyers in next year’s Oklaho- upload to permanent storage the cloud from your phone ma Bar Journal. each month. I heard directly or tablet. from an Evernote rep during a Mr. Calloway is director of the I plan on writing more about demo, “We don’t have a limit OBA Management Assistance Evernote for this column in on your total storage, just how Program. Need a quick answer to 2013, but for now here are much you upload each month.” a tech problem or help resolving some recent reviews of Ever- For $45 annually, this sounds a management dilemma? note: like a great deal to me. Contact him at 405-416-7008, With the Evernote notebook • Evernote Review: Organizing 800-522- 8065 or [email protected]. structure, you can be as orga- Your Life on an iPhone It’s a free member benefit! nized or disorganized as you www.okbar.org/s/organize wish. Evernote is your place to 1. www.okbar.org/s/de2j6. • Evernote 5 for iOS Review 2. www.okbar.org/s/9uv6u. take and save notes to keep www.okbar.org/s/evernote5 “forever.” But it also lets you keep random items from your • Evernote for Android computer or mobile device. Gets a Sexy Makeover

2700 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 ETHICS & PROFESSIONAL RESPONSIBILITY

Q & A with OCU Law Dean Couch By Travis Pickens

judge, and had not consid- You have described your Q. ered leaving. When I began career (private practice, fed- discussions with people at eral judge, law school dean) the school, however, I became as an “arc.” What do you immediately intrigued. My mean by that? reaction made me recognize An arc brings to mind the that a part of me was ready shape and movement of a for new work and new chal- natural form. I look at my life lenges. I had a choice — I and see that my work as a could cross the bridge or stay lawyer has followed a natural where I was. I chose to cross uninterrupted arc — begin- the bridge and have not Valerie K. Couch ning with my preparation as looked back with regret, not Dean and Professor of Law a law student, moving into even for a day. I do miss Valerie Couch took the reins as dean work as a young and matur- being around my wonderful of the Oklahoma City University ing trial lawyer, transitioning colleagues on the federal School of Law on April 9, 2012. She is to the work of a judge for bench, and some days I miss the school¹s 12th dean and first 13 years — and now a move the tranquility and autonomy woman to hold that position. For 13 into what could be the last of the environment. But I am years, she served as a federal magis- section of the arc, my work as now whole-heartedly com- trate judge in the Western District of a law school dean and profes- mitted to a busy new world, Oklahoma. Prior to her service on the sor. Some might think I am and I am having a wonderful bench, she worked for 16 years in pri- suggesting a downward time! It has been a little like vate practice as a trial attorney with trajectory now, but no, I am emerging from a secure and the Oklahoma City firm Hartzog Con- describing a movement in the comfortable cave and coming ger & Cason. She has served as presi- direction of a full circle. I am out into a wild garden. It’s a dent of the Oklahoma County Bar fortunate to return once again colorful and complex world. Association, president of the Oklaho- to school and help prepare ma City chapter of the Federal Bar another generation for the As a judge, you have Association and president of the Wil- Q. liam J. Holloway Jr. Inn of Court. She challenges and joys of what seen many lawyers practice currently serves as a Trustee on the lies ahead. before you. What are some national board of the American Inns of the common traits of the of Court in Washington, D.C. and as a Q. Not many lawyers leave best lawyers? Trustee on the Board of Trustees of the federal bench before they I think being a great lawyer the Oklahoma Bar Foundation. She retire. What drew you to is all about love. A great law- taught law school as an adjunct become the dean of the OCU yer loves justice. And the teacher for many years and serves School of Law? love of justice necessarily on the editorial board of the Federal When this opportunity drives a lawyer toward Courts Law Review. She is married to Dr. Joe Couch, a clinical psychologist, came to me, I had been work- important habits of mind and and they have two sons: Dan Couch, work, such as maintaining a ing as a judge for almost 13 an attorney and member of the Okla- years, and had enjoyed every constant and intense focus on homa bar, and Ross Couch, who runs minute. I was still constantly details, on strategic options, an independent business in Norman. learning about how to be a on ethical obligations and on

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2701 the overall interests a lawyer is sional discouraging day. Actu- help students build their called upon to serve. Great law- ally, all the portraits in that professional identities and yers, young and old, view room inspired me to stay provide meaningful con- themselves above all as guard- focused and be tenacious. Now nections to the world in ians of the rule of law. They that I am in this busy law which they will work make all decisions and all com- school environment, I find • Constant well-integrated munications through that lens. inspiration all around me. I talk emphasis on professional- Also, a great lawyer loves the with students. I read. I meet ism, ethics and leadership, facts, loves investigating and with faculty who are planning from day one gathering the facts, and loves new programs. I visit classes marshaling the facts. And a and watch the learning process • A culture of opportunity great lawyer loves to shape the in action. And I surround dynamic mix of fact and legal myself with smart people • A culture of excellence principles into a just result. who care about the world. • A teaching culture that is Great lawyers are resourceful highly interdisciplinary and sophisticated problem Q. What is your philosophy solvers and love playing that of a great law school education • A teaching culture that wel- role in service to others. It’s and how is OCU School of Law comes and values the con- all about love. endeavoring to practice that tributions of strong adjunct philosophy? faculty members from the Why is a career in law legal community Q. I fear this is going to be too still something to aspire to? long an answer, because a law • A curriculum that effective- A career in law makes you school is so complex. But here ly addresses the highly glo- part of an indispensable profes- goes…my list of must-haves for balized nature of today’s sion. You become someone who a great modern legal education: practice of law is essential to our democratic • Rigorous courses taught by • An environment welcoming society, essential to maintaining superb teachers dedicated to to a talented and diverse a stable economy and essential the incremental transforma- student body, faculty and to protecting human rights and tive nature of traditional law staff dignity. Choosing to be a law- school teaching methods yer is also like giving yourself a • Intellectual diversity treasure trove of gifts: an edu- • Rigorous courses taught by throughout the curriculum cation that prepares you for a superb teachers dedicated • An environment that fos- huge variety of work, a license to innovative teaching ters outreach into the world that gives you a way to earn a methods that prepare stu- to solve problems, pro bono decent living, a credential that dents for the realities of services to those in need carries some clout — and some- practicing law and strong relationships day you may have interesting with the community friends who ask you a lot of • Rigorous writing and hard questions. research instruction by • An institutional identity superb teachers dedicated that makes the school a to student success Q. How do you stay inspired player in the world — that as a lawyer, and now dean? • Required courses on law- is, not aloof but rather in yering skills relevant to the the middle of the action. When I was younger and way law is practiced now struggling with the troubles of Although this “list” may not and how it will be practiced day to day practice, I would yet constitute a “philosophy,” in the near future sometimes go into the ceremo- this is where I am right now in nial courtroom in the federal • Ample opportunities for the evolution of my thinking courthouse and look up at the real-world experience about what makes a great law smiling face of Judge Lee through well-supervised school. I must say — and I am West’s portrait on the wall. I clinics, externships and at liberty to say since I am always came away feeling that observations brand new here and cannot to be a lawyer — and a judge take the credit — that I have — is a great and joyful stroke of • Mentors from the legal and entered such a school. I am good fortune despite the occa- business community who proud to be the dean of the

2702 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Oklahoma City University School of Law. We are moving downtown to the heart of the action — literally and figurative- ly. We are an essential player in our community and our state, and I can see nothing but good things ahead for us. Mr. Pickens is OBA ethics counsel. Have an ethics question? It’s a member benefit, and all inqui- ries are confidential. Contact him at [email protected] or 405-416-7055; 800-522-8065.

Custom Designed Binders for your Oklahoma Bar Journal

Attractive, durable binder will keep your Bar Journals accessible and provide easy storage for 12 issues. They cost $15.95 each prepaid.

Please send: ______binders for the Oklahoma Bar Journal at $15.95. Make check payable to Oklahoma Bar Association.

TOTAL ENCLOSED $ ______

______NAME (PRINT)

______Mail to: STREET ADDRESS Communications Dept. Oklahoma Bar Association ______P.O. Box 53036 CITY ZIP PHONE Oklahoma City, OK 73152

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2703 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association Office staff members regarding She met with the IT director Board of Governors met at the the Mortgage Foreclosure Set- regarding upgrades and Kerr Conference Center in Poteau tlement Fund programs and improvements to the Heroes on Friday, Oct. 26, 2012. with bar staff regarding Annu- Program website and met with al Meeting planning. She con- the CLE Department to plan WELCOME tinues to be busy dealing with the Heroes Boot Camp CLE. Past OBA President Doug the judicial retention issue and She chaired the Military Assis- Sanders thanked board mem- urged board members to be tance Committee meeting, par- bers for traveling to Poteau for vocal in encouraging voter ticipated as a panelist at the their October board meeting. education. Women in Law Conference, He said LeFlore County Bar coordinated a recorded mes- REPORT OF THE sage on behalf of the OBA and Association members enjoyed PRESIDENT-ELECT having dinner with OBA Pros 4 Vets by former OU and board members the night President-Elect Stuart report- NFL player Roy Williams to before. ed he attended Boiling Springs National Guard troops deploy- Institute in Woodward, Sep- ing to Afghanistan, gave a pre- REPORT OF THE tember board meeting, recep- sentation to the Arkansas Bar PRESIDENT tion for Deans Valerie Couch Association Legal Assistance President Christensen and Janet Levit, investiture for Military Personnel Com- reported she attended the ceremony and reception for mittee to assist the Arkansas Boiling Springs Institute and Dean Couch, Southern Confer- bar in implementing a legal board meeting, OBF fundrais- ence of Bar Presidents in Ash- assistance program for veter- ing seminar, monthly staff cel- ville, N.C., Pottawatomie ans and servicemembers, ebration, Southern Conference County Bar Association meet- planned a joint meeting of of Bar Presidents meeting, ing, ABOTA event in Tulsa and the Military and Veterans Diversity Committee program press conference at the Attor- Law Section and Military and lunch, swearing in of ney General’s office regarding Assistance Committee for Court of Civil Appeals Judge the mortgage foreclosure assis- Annual Meeting and partici- Goree, ABOTA program and tance program. He met with pated as a panelist at the Board of Governors reception the CLE Department to plan Women in Law Conference. at the University of Tulsa, and programs and July Alaskan REPORT OF THE investiture of Dean Couch and cruise, had lunch with Justice EXECUTIVE DIRECTOR reception that followed. She Gurich and Ukrainian delega- participated as a panelist at tion members and worked on Executive Director Williams the Women in Law Confer- committee appointments. reported he attended the Boil- ence, spoke at the new mem- ing Springs Institute, new REPORT OF THE member swearing in, lunch ber swearing in, had lunch PAST PRESIDENT with Justice Gurich and the with Justice Gurich and the Ukrainian delegation and Past President Reheard Ukrainian delegation, Justice spoke at the press conference reported she attended the Boil- Summers memorial service, with the attorney general. She ing Springs Institute in Wood- various meetings on the had meetings with OBA staff ward, September board meet- CourtFacts.org website, OBF to develop the CourtFacts.org ing, Southern Conference of fundraising seminar, meeting website, with Executive Direc- Bar Presidents meeting in with Legislative Reading Day tor Williams regarding hiring Asheville, N.C. and the chair and co-chair, Military the Heroes Program coordina- Women in Law reception for Assistance Committee, month- tor, with Attorney General Dean Couch and Dean Levit. ly staff celebration, Southern Conference of Bar Presidents

2704 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 meeting, Diversity Committee Committees, communicated ABOTA/OBA event at the program and luncheon, swear- the Board of Governors report TU College of Law. ing in of new Court of Appeals to the TCBA Board of Direc- REPORT OF THE YOUNG judge, investiture and recep- tors and distributed informa- LAWYERS DIVISION tion for Dean Couch, press tion regarding the OBA conference at Attorney Gen- CourtFacts.org website to Governor Kirkpatrick, eral’s Office on Mortgage courthouses and the law unable to attend the meeting, Foreclosure Settlement Fund library. Governor Meyers reported via email that she Program, OBA budget hearing, reported he attended the attended dinner with board directors meeting and ABOTA Boiling Springs Institute members and the September program at the University of and Comanche County Bar board meeting in Woodward, Tulsa. He participated in meet- Association meeting. Gover- Women in Law reception for ings for the OBA member nor Parrott, unable to attend Dean Valerie Couch and Dean group insurance trust, Lingo the meeting, reported via Janet Levit, “Welcome to the Construction and Rattan Con- email that she attended the OBA” reception hosted by the sulting regarding work on the Boiling Springs Institute, Sep- YLD for new members, ABA Heroes Program website. He tember board meeting, Okla- GP/Solo Small Firm confer- took part in two conference homa County Bar Association ence in Seattle as a YLD Fel- call meetings with the OBA board meeting, funeral service low, ABA YLD Fall conference Member Survey Task Force for Justice Hardy Summers in Charleston, S.C. and the and a conference with LawPay and reception for Dean Valerie OBA Diversity Awards lun- regarding Annual Meeting Couch. Governor Poarch cheon. She also spoke at the and other sponsorship oppor- reported he attended the Boil- swearing-in ceremonies, tunities. He also conducted ing Springs Institute and Sep- chaired the September YLD interviews for the new Heroes tember Board of Governors board meeting, participated Program coordinator. meeting. Governor Rivas, as a panelist at the Women in Law Conference and moderat- BOARD MEMBER REPORTS unable to attend the meeting, reported he attended the Boil- ed the OBA CLE/YLD Taking Governor DeMoss reported ing Springs Institute and Sep- Care of Business seminar. she attended the ABOTA/OBA tember Board of Governors RESOLUTION event at the TU College of meeting. Governor Shields Law. Governor Devoll report- reported she attended the The board voted to issue ed he attended the board reception for Dean Valerie a resolution expressing ap- meeting and seminar at Boil- Couch and Dean Janet Levit, preciation to the LeFlore ing Springs and spoke at the Women in Law Conference County Bar Association for Garfield County Bar Associa- and Oklahoma County Bar its hospitality. Governor Hays Association meeting in addition meeting. COMMITTEE LIAISON reported she attended the tion to the investiture ceremo- REPORTS board dinner and September ny and reception for Dean Val- board meeting in Woodward, erie Couch. Governor Smith Vice President Stockwell OBA Family Law Section reported he attended Musk- reported the LHL Foundation monthly meeting for which ogee County Bar Association has awarded a grant to a psy- she prepared and presented meetings and the memorial chologist to assist a bar mem- the budget report, Women in services for Justice Hardy ber. Past President Reheard Law Conference, Mona Salyer Summers. Governor Thomas reported the Heroes Program Lambert Spotlight Award pre- reported she attended the Boil- will receive $15,000 from the sentation, ABOTA program ing Springs Institute at which attorney general’s mortgage and board reception at the she gave a CLE presentation, settlement fund to help pro- University of Tulsa, Tulsa September board meeting, gram participants. She said the County Bar Association Fami- swearing-in ceremony for new program is nearing the $2 mil- ly Law Section meeting and bar members, September and lion mark in free legal services TCBA “Turn Tulsa Pink” rally. October meetings of the Wash- that have been donated by She also participated in OBA ington County Bar Associa- about 500 Oklahoma lawyers. FSL Annual Meeting planning, tion, reception for Dean Couch More Oklahoma soldiers are communicated with the Law and Dean Levit, Women In deploying soon — 115 mem- Day and Communications Law Conference and the bers of the Oklahoma National

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2705 Guard 1245th Transportation REPORT OF THE amendments to 12 O.S. 2011, Company out of McAlester GENERAL COUNSEL Section 2502, which relates to will be going to Afghanistan use of depositions in court General Counsel Hendryx and the 1220th unit out of proceedings, clarifying per- reviewed a list of pending Muskogee will also be sons designated to testify non-discipline litigation in deployed. CLE employee under certain circumstances which the OBA or an agent of Brandon Haynie filmed a and providing an effective the OBA is a defendant. She video of former OU football date. The board voted to rec- reported her office will receive player Roy Williams with a ommend the House of Dele- a $50,000 grant from the attor- message of support to the gates adopt the resolution. ney general’s mortgage settle- troops, which was shown to Executive Director Williams ment fund to add resources to soldiers deploying. Past Presi- reviewed a proposed amend- aid in the investigation and dent Reheard also reported ment to the OBA Bylaws that prosecution of the unauthor- the Military and Veterans Law would change the requirement ized practice of law in mort- Section and Military Assis- that a proposed legislative res- gage foreclosure and loan tance Committee will have olution be published in the modification representations. Retired Rear Admiral Greg Oklahoma Bar Journal at least A written status report of OBA Slavonic as a guest speaker for three weeks prior to House of disciplinary matters for Sep- their joint meeting at Annual Delegates voting and allow tember 2012 has been submit- Meeting. She announced more flexibility with requiring ted for the board’s review. Tanya Roland, an OBA mem- publication at any time prior ber from Shawnee and a major PROPOSED AMENDMENTS to the beginning of the Annual in the Army Reserves, has TO LEGAL ETHICS Meeting. They voted to recom- been hired as the new Heroes ADVISORY PANEL RULES mend the House of Delegates Program coordinator. Gover- adopt the amendment. Execu- Vice President Stockwell nor DeMoss reported the tive Director Williams noted reported the Legal Ethics Diversity Committee held its the OBA Bylaws Committee Advisory Panel, which has first awards event, which drew will present this proposed two divisions, usually gives a rave reviews with an out- amendment. question to one division. How- standing keynote speaker. She ever, a situation occurred in OBA 2013 BUDGET also said Litigation Section which a question was given to members were sent a survey both divisions due to the first President-Elect Stuart report- asking what benefits they panel not being able to reach a ed the Budget Committee met most wanted. Responses consensus, and LEAP rules do and recommends the proposed included the need for pro- not describe an approval pro- budget be presented to the grams and the suggestion to cedure for utilizing both divi- board. Administration Director create a legislation subcommit- sions. She shared insight into Combs was asked to give an tee. Governor Pappas reported the proposed amendments overview. Restricted funds at the Law-related Education that clarify the approval pro- were discussed. Committee meeting it was dis- cess for an opinion and pro- cussed adding short videos to ORDER GIVES BOARD vide a procedure to refer the OF BAR EXAMINERS the young adult guide on the matter to the Board of Gover- MEMBERS MCLE CREDIT web, and she said the LRE nors should the required num- FOR SERVICES Department has conducted ber of concurrences not be peer mediation training. A President Christensen called cast. The board approved the $2,000 grant from the OBF the board’s attention to a amended rules. allowed more young adult recent Supreme Court order guides to be printed. Governor PROPOSED RESOLUTION effective immediately that Hays reported the Communi- AND BYLAWS grants Board of Bar Examiners cations Committee is finalizing AMENDMENT members annual continuing its CLE webinar that will take legal education credit equal to Governor DeMoss reviewed place Dec. 5 and the Law Day all required MCLE credit for a resolution submitted by the Committee is developing seg- every year they serve as a bar Civil Procedure and Evidence ments for the Ask A Lawyer examiner or associate. Code Committee to be consid- TV show. ered by the House of Dele- gates. The resolution proposes

2706 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 OKLAHOMA MORTGAGE tions. President Christensen PROPOSED PERSONNEL SETTLEMENT FUND reviewed the grants the OBA MANUAL AMENDMENT will receive from the fund. President Christensen The board voted to hire One of the OBA grants will explained Attorney General outside employment law provide training for Oklahoma Scott Pruitt established the counsel to examine employ- lawyers on mortgage foreclo- Oklahoma Mortgage Settle- ment law issues, if any, raised sures and related legal issues. ment Fund to provide justice by amendments to the OBA CLE seminars will be held and compensation to Oklaho- Personnel Manual made in Dec. 4 in Oklahoma City and mans who were harmed by February 2012 and to autho- Dec. 5 in Tulsa to provide OBA unfair banking practices dur- rize payment up to $2,500 for members a primer on assisting ing a mortgage modification legal services. Oklahomans facing mortgage- or foreclosure process. A related issues. NEXT MEETING group of five national mortgage servicers settled claims of EXECUTIVE SESSION The Board of Governors met deceptive and misleading at the Sheraton Hotel in down- The board voted to go into practices by providing a direct town Oklahoma on Wednes- executive session, met in ses- cash payment of $18.6 million day, Nov. 14, 2012, as part of sion and voted to come out of to Oklahoma. Much of those the Annual Meeting. A sum- executive session. funds will be distributed mary of those actions will be directly to families that have OBA 2013 BUDGET published after the minutes already lost their homes are approved. The next board through the foreclosure pro- The board voted not to meeting will be held Friday, cess, but some funds will be approve the budget as pre- Dec. 14, 2012, at the Oklahoma distributed as grants to part- sented and to send it back to Bar Center in Oklahoma City. nering agencies and associa- committee.

Oklahoma Bar Journal Editorial Calendar

n April n September 2013 Law Day Bar Convention n January Editor: Carol Manning Editor: Carol Manning Meet Your OBA n May n Editor: Carol Manning October Technology Appellate Law n February Editor: Sandee Coogan Editor: Emily Duensing Indian Law [email protected] [email protected] Editor: Mark Ramsey Deadline: Jan. 1, 2013 Deadline: May 1, 2013 [email protected] n August n Deadline: Oct. 1, 2012 Criminal Law November n Editor: January Windrix Raising the Bar: Lawyers March Who Make a Difference Estate Planning & Probate [email protected] Deadline: May 1, 2013 Editor: Melissa DeLacerda Editor: Pandee Ramirez [email protected] [email protected] Deadline: Aug. 1, 2013 Deadline: Oct. 1, 2012 n December Ethics & Professional Responsibility If you would like to write an article on these Editor: Joe Vorndran topics, contact the editor. [email protected] Deadline: Aug. 1, 2013

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2707 BAR FOUNDATION NEWS

Counting on You Consider the OBF for Your End-of-Year Donations By Susan B. Shields

It’s that time of year when • law-related education the Oklahoma Bar Foundation programs for the public The OBF funds asks you to make a contribu- (including Oklahoma tion to the OBF as a part of school children) the types of charitable your end-of-year charitable • law student scholarships giving. The OBF funds the programs and services for those we expect to types of charitable programs follow our charge and services that only lawyers that only law firms and and law firms care about. The • court grants and other charitable purposes of the activities that improve the lawyers care about. OBF are accomplished quality of justice for all through annual grant awards Oklahomans that advance the science of YOUR DONATION MATTERS OBF be able to continue our jurisprudence and promote mission of supporting law- the administration of justice OBF grants have totaled related charities. Law-related throughout Oklahoma, giving more than $10.5 million, with charitable services are not an funding for organizations that about $5 million of that area other organizations or provide: amount given within the last groups willingly support, five years alone. In these chal- • free legal assistance to the and it is important that we lenging economic times when poor and elderly as attorneys, help. other sources of funding for • safe haven for the abused OBF grantees have been dras- LIVES WE’VE TOUCHED tically cut or have completely • protection and legal For those of us who have gone away, contributions from assistance to children had the opportunity to visit people like you will help the and to talk with OBF grantees, it is the specific stories of the help provided through OBF grants that tug at our heart- strings and make us proud to be Oklahoma lawyers and OBF supporters. For example, we all know that legal service attorneys who handle domestic violence cases often see the unthinkable. One such case involved a situation that no child should ever have to experience. Robin, an attorney in the Legal Aid Services Senior Project is one of 19 programs that Oklahoma City office of Legal receive OBF funding. Aid Services of Oklahoma,

2708 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 tells the story of Sandy, who into custody. The good news zations by making a charitable was only 17 when she first is that he was placed with a gift to the Oklahoma Bar came to LASO for help. San- maternal aunt who had been Foundation. If you are already dy’s mother died approxi- visiting Sandy at the group a Fellow of the OBF and have mately eight years ago and home. Sandy would have met your initial pledge, please she had been living with her faced further violence had consider becoming a Sustain- father and stepmother. This LASO not helped. She is now ing Fellow by continuing your past summer her father a happy high school senior $100 per year donation, or became violent with her. with good grades and is col- even better, become a Benefac- Sandy filed a VPO and came lege bound. After closing San- tor of the OBF by increasing to LASO for help. LASO dy’s LASO case file, Robin your gift commitment to $300 assisted her in getting a three- concluded, “Today was a per year. year final order. Before com- great day to be a lawyer!” If you are not a Fellow, then ing to LASO, Sandy went to You have seen headlines now is the time to become live with a friend, and the ranking Oklahoma as being one. Or, you can even make a friend’s mother was instru- one of the top 10 worst states one-time charitable donation mental in getting her set up in the nation for women killed to the OBF in the dollar with Circle of Care, a girls’ by men. We honor our legal amount of your choosing. group home in Tahlequah. service attorneys and the Use the attached form or visit LASO also assisted the other Oklahoma Bar Founda- www.okbarfoundation.org to friend’s mother in preparing tion grantees who work to make your online gift today. a pro se guardianship. Robin save the lives of those tor- walked through the paper- Your Oklahoma Bar Founda- mented by domestic abuse. work with the guardian and tion funds the types of pro- The Oklahoma Bar Founda- got an emergency order so grams and charitable services tion’s support of domestic vio- Sandy could go to Circle of that only lawyers and law lence intervention programs Care to live. Her father was firms care about. We can’t allows legal service practitio- completely unresponsive in do it without your help! ners like Robin to serve a larg- giving his consent for Sandy er spectrum of the needs of to be admitted to the group Thank you for your gener- domestic abuse victims by home. Now, Sandy is excel- ous and loyal support of the providing OBF funding to ling. She recently turned 18 OBF. “fill the gap” so the attorney and the guardianship was will have more opportunity to Ms. Shields is president- dismissed. Sandy had been protect the client. elect of the Oklahoma Bar Foun- haunted by leaving her dation and may be reached at younger brother behind in the IT’S UP TO YOU [email protected]. abusive home. The brother’s Show your support for these situation became very bad and important law-related organi- DHS was required to take him

The work of the OBF is fulfilling a critical need for civil legal aid and other law-related services • 2012 Grants = $465,950 • 19 programs & 5 court projects received grants • Your contributions to OBF make a significant difference in the lives of tens of thousands of Oklahomans each year • With your help and generous support the good work will continue For more information, visit www.okbar.org/obf

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2709

FFEellowLLOW EEnrollmenNROLLMtE NFTormFO oR AttorneyM o AttorneyNon-Attorney Non-Attorney

Name:______Name: (name,(name, as it shouldshould appearappear onon your your OBF OBF Fellow Fellow Plaque) Plaque) County County

FirmFirm or orother other affiliation: affiliation: ______Mailing & delivery address: Mailing & delivery address: ______City/State/Zip: City/State/Zip: ______Phone: E-Mail Address: Phone: ______EMail Address: ______The TheOklahoma Oklahoma Bar FoundationBar Foundation was ablewas ableto assist to assist 23 different 38 different programs projects or orprojects programs during last 2010 year andthrough 25 in the 2009 gener- throughosity the of generosity Oklahoma of lawyers Oklahoma – providing lawyers –free providing legal assistance free legal for assistance the poor for and the elderly, poor and safe elderly; haven forsafe the haven abused, for theprotection abused; and protection legal assistance and legal to assistance children, tolaw-related children; education law-related programs, education and programs; other activities other activities that improve that the quality of justice for all Oklahomans. The tradition of giving back continues with YOU. improve the quality of justice for all Oklahomans. The Oklahoma Bar legend of help continues with YOU. _____ I want to be an OBF Fellow now – Bill Me Later! I want to be an OBF Fellow now – Bill Me Later! _____ $100 enclosed & bill annually $100 enclosed & bill annually GRANT PROGRAMS _____ Total amount enclosed, $1,000 ARE LINAWYERS CRISIS _____ Total New amount Lawyer enclosed, 1st Year, $25$1,000 enclosed & bill Annually as stated TRANSFORMING LIVES New Lawyer 1st Year, $25 enclosed & bill Join today and help more _____ annually New Lawyer as stated within 3 Years, $50 enclosed Through education, & bill annually as stated than 85,000citizenship Okla andhomans New Lawyer within 3 Years, $50 enclosed _____ I want to be recognized at the higher level of justicein nee ford. all. & billSustaining annually Fellow as stated & will continue my annual gift of at least $100 – (initial pledge should be complete) I want to be recognized at the higher level of Thei vOklahomae today at Bar _____ Sustaining I want to beFellow recognized & will at continuethe highest my leadership annual gift level G of Benefactor Fellow & annually contribute legend of help continues of at least $100 – (initial pledge should be complete) www.okbarfoundation.org at least $300 – (initial pledge should be complete) with YOU! _____ I want M yto charitable be recognized contribution at the highest to help leadership offset the level of BenefactorGrant Program Fellow Crisis &is annuallyenclosed contribute at least $300 – (initial pledge should be complete)

• To become a Fellow, the pledge is $1,000 payable within a ten year period at $100 each year; however, some may choose to pay the full amount or in greater increments over a shorter period of time.

∞• TheTo OBF become offers a Fellow, lesser the payments pledge is for$1,000 newer payable Oklahoma within a Bar10-year Association period at $100 members: each year; however, some may choose to pay the full amount or in greater increments over a shorter period of time. • — First Year Lawyers: lawyers who pledge to become OBF Fellows on or before January 2, of the year immediately ∞ The OBFfollowing offers lesser their payments admission for maynewer pay Oklahoma only $25 Bar per Association year for members: 2 years, then only $50 for 3 years, and then at least $100 each —yearFirst thereafter Year Lawyers until: thelawyers $1,000 who pledge pledge tois becomefulfilled. OBF Fellows on or before Jan. 2, of the year immediately following their admission may pay only $25 per year for two years, then only $50 for three years, and then at least $100 each year • — Wthereafterithin Three until Years: the $1,000 lawyers pledge admitted is fulfilled. 3 years or less at the time of their OBF Fellow pledge may pay only $50 per year— Within for 4 Threeyears Yearsand then: lawyers at least admitted $100 three each years year or thereafter less at the untiltime of the their $1,000 OBF pledgeFellow pledgeis fulfilled. may pay only $50 per • Sustaining Fellowsyear for fourare thoseyears andwho then have at least completed $100 each the year initial thereafter $1,000 until pledge the $1,000 and continuepledge is fulfilled. their $100 annual contribution to ∞ helpSustaining sustain Fellowsgrant programs. are those who have completed the initial $1,000 pledge and continue their $100 annual contribution to help sustain • Benefactorgrant programs. Fellows is the highest leadership giving level and are those who have completed the initial $1,000 pledge and pledge to pay at least $300 annually to help fund important grant programs. Benefactors lead by example. ∞ Benefactor Fellows is the highest leadership giving level and are those who have completed the initial $1,000 pledge and pledge to pay at least $300 annually to help fund important grant programs. Benefactors lead by example.

Your Signature & Date______OBA Bar# ______Your Signature & Date: OBA Bar# Please Kindly Make Checks Payable to: Oklahoma Bar Foundation • Attn: Nancy Norsworthy • P.O. Box 53036 PLEASE KINDLY MAKE CHECKS PAYABLE TO: Oklahoma Bar Foundation • P.O. Box 53036 • Oklahoma City, OK 73152-3036 • (405) 416-7070 Oklahoma City OK 73152-3036 • (405) 416-7070 ManyMany thanksthanks forfor your your support support & generosity!& generosity!

2710 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 ACCESS TO JUSTICE

Limited Scope Representation By Laurie W. Jones

The number of self-represent- or substantive missteps may also known as “unbundled ed litigants has skyrocketed in require additional court pro- legal services,” is the provision the past ten years. California ceedings, which can be frus- of legal services by a lawyer on reports that 67 percent of peti- trating to the litigant who can only some portions of a client’s tioners in family law cases, 22 ill-afford the expense of repeat- legal matter. This representa- percent in probate cases, and ed trips to the courthouse. A tion differs from traditional 16 percent in general civil cases litigant may perceive or request representation in which a law- are self-represented; 47 percent that the judge play a more yer handles all aspects of a of domestic relations and 98 active role in his or her case. legal matter from its beginning percent of small claims to its conclusion. Limited cases in Utah involve no scope services are not sec- attorneys; and in New ond-class services as the Hampshire, 85 percent of lawyers must still provide cases brought in its district competent representation courts (misdemeanors, juve- and comply with all ethical nile, domestic violence, and procedural rules in his small claims) involve at or her jurisdiction.2 least one party who is self- LSR can take many forms, represented.1 No statistics such as advising a client on are currently available for certain aspects of a transac- Oklahoma, but anecdotal tion or a proposed course of reports from judges indi- conduct, reviewing or draft- cate that the number of …the increased number ing pleadings to be filed by self-represented litigants is the client, participation at on the rise and is signifi- of self-represented litigants depositions or court hear- cant. The causes for self- ings, or coaching a client on representation include an adversely affects the how to respond to or pro- inability to afford lawyers, ceed in particular circum- decreasing government administration of justice. stances. In recent years, funds for legal aid services state judiciaries, bar and for those of limited means; legal commentators have and a preference for self-repre- Substantive rights may be lost, focused increased attention on sentation, aided by the avail- and questions of access to jus- LSR — particularly in the liti- ability of online information tice as well as securing fair and gation context — due to the and forms. reasonable justice arise. great increase in the number of Whatever the causes, the Forty-one states, including self-represented litigants, espe- increased number of self- Oklahoma, have adopted ABA cially in high-volume courts represented litigants adversely Model Rule 1.2(c) which states, such as traffic court, small affects the administration of “A lawyer may limit the scope claims, housing and family law. justice. Unfamiliar with the of the representation if the limi- Limited scope representation judicial process, self-represent- tation is reasonable under the can benefit clients on both ed litigants require time- circumstances and the client sides, the courts and the law- consuming attention from gives informed consent.” Lim- yers. The benefits of LSR court personnel. Procedural ited scope representation (LSR), are clear, although some prac-

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2711 tical issues affecting its full positively impacts access to Limited Scope Legal Assis- implementation are worthy justice and administration of tance, a whitepaper on unbun- of consideration. justice issues. dling, an unbundling training video and risk management The benefits of LSR are many. Critics of LSR note a profes- materials, and the Pro Se/ Clients benefit from the legal sional reluctance to offer or Unbundling Resource Center expertise of lawyers while pay- provide less than a full tradi- located online at www.okbar. ing for only the services tional representation as it org/s/unbundling. In Oklaho- needed most. Self-represented seems inconsistent with long- ma, as the number of self-rep- litigants gain a better understanding concepts of a lawyer’s resented litigants continues to standing of the legal process professional and ethical duties grow and implicates access to and the substantive aspects of to a client. Concerns have been justice and administration of their case, and more concise voiced about the quality of ser- justice issues, innovation in the and accurate legal and factual vice LSR may offer. And finally, delivery of legal services must presentations result. The there may be practical impedi- be considered. involvement of court personnel ments relating to procedures for assistance or guidance is for properly appearing and Ms. Jones is an OBA Access to reduced, thereby saving valu- withdrawing from a case, Justice Committee member. She able staff time and resources. ensuring candor to the tribu- serves as interim associate dean The need for judges to step in nal, communicating with repre- for Academic Affairs at OCU and render individualized sented parties, and professional School of Law. attention decreases. The un- liability. Recently, two states, authorized practice of law is Mississippi and Alabama, 1. “Statewide Action Plan for Serving Self- Represented Litigants,” Judicial Council of limited as legal consumers joined 18 other states that California-Task Force on Self-Represented are discouraged from using adopted specific court rules Litigants, February 27, 2004; Committee on Resources for Self-Represented Parties, Stra- non-lawyers and generic forms that provide additional guid- tegic Planning Initiative, Report to the Judi- providers as sources of legal ance on LSR to address these cial Council, July 25, 2006; Challenge to Jus- tice, A Report on Self-Represented Litigants information and advice. Law- concerns and to facilitate the in New Hampshire Courts, Findings and yers have the opportunity to provision of LSR. Recommendations of the New Hampshire obtain clients who would oth- Supreme Court Task Force on Self-Represen- The American Bar Associa- tation, January 2004. erwise represent themselves, tion provides a number of 2. See Okla. RPC Rule 1.2(c) stating “A and thus the lawyers may lawyer may limit the scope of the representa- resources on limited scope rep- tion if the limitation is reasonable under the reach an untapped market and resentation. These resources circumstances and the client gives informed generate additional income. consent. See also, Cmts. 6, 7 (discussing when include the Handbook on appropriate). Limited scope representation www.okbar.org Your source for OBA news.

At Home At Work And on the Go

2712 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 YOUNG LAWYERS DIVISION YLD Year in Review By Jennifer Heald Kirkpatrick

It has been an honor to to thank the OBA Mock Trial ten and updated by the YLD serve as YLD chair. Before Committee, Chairperson and published by the OBA reflecting on some highlights Nicole Longwell and Mock Law-related Education of the past year, I would like Trial coordinator Judy Spencer Department. Copies of the to take this opportunity to rec- for their continued efforts and legal guide have been distrib- ognize some people who have support of this event. Con- uted to additional classrooms significantly contributed to gratulations go to the finalists, throughout the year. The my ability to serve. I would Clinton High School Gold event resulted in more than 30 first like to thank my family Team and Ada High School lawyers volunteering almost for their assistance and uncon- Maroon Team. 100 hours to give presenta- ditional love when life was hectic. I also thank my colleagues at Hall Estill for allowing me to make such a huge time commitment and for supporting me along the way. I cannot recall a more successful year for the YLD. In January, we hosted ABA YLD Chair Michael Bergmann and Secretary/Treasurer Mario Sullivan for several events including the orientation for new board members, board The OBA YLD “king and queen” surrounded by the YLD meeting and roast of Immedi- Homecoming court ate Past Chair Roy Tucker. In February, the YLD board April was a busy month for assembled Bar Exam Survival tions to more than 2,000 high the YLD, as we held our third Kits and distributed them to school juniors and seniors in annual Community Day of all applicants taking the bar 40 high schools located in 25 Service. This year’s event exam in Oklahoma City and counties. We were recognized involved YLD members and Tulsa. We also had four dele- by the ABA with a second attorney volunteers visiting gates and an alternate attend place Award of Achievement high school classrooms across and participate in the ABA for this event. I would like to the state to deliver presenta- YLD Assembly at the ABA again thank YLD Chair Elect tions explaining how an indi- Midyear Meeting. I also had Joe Vorndran, who also chairs vidual’s legal obligations the opportunity to represent the YLD Children and the change when he or she turns the OBA YLD in the ABA Law Committee, who worked 18. The presentations were House of Delegates. tirelessly to match schools based on information con- with volunteer attorneys. tained in the recent publica- In March, the YLD Mock Thanks also go to the YLD tion titled “You’re 18 Now: It’s Trial Committee held the board members who jumped Your Responsibility,” a legal Oklahoma state finals for high into this challenge with good guide for young adults rewrit- school students. I would like grace and humor.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2713 In April, we hosted a recep- again prepared Bar Exam with Friends, Fellows and tion for new admittees after Survival Kits and distributed recipients of YLD awards for the swearing-in ceremonies in them to a record number of 2012. We sponsored a Nuts Oklahoma City. We also host- applicants taking the bar exam and Bolts CLE track and a ed “Welcome to the Bar” in Oklahoma City and Tulsa. hospitality suite for all Annual receptions in Oklahoma City Meeting attendees. We also August was an exciting and Tulsa designed for exist- attended the President’s Tail- month. We sent four delegates ing OBA YLD members to gate Party and danced the and an alternate to the ABA welcome the new admittees. night away with other OBA YLD Assembly held during Thank you to YLD Secretary members during the At the the ABA Annual Meeting. I LeAnne McGill and her New Hop event. I was even was thrilled to accept two Admittee Committee Co-chair crowned YLD homecoming ABA Awards of Achievement Tim Rogers for scheduling queen and held court with on behalf of the OBA YLD and arranging these events. YLD Homecoming King during the assembly. Bryon Will, OBA Homecom- In September, ing Queen Cathy Christensen we again hosted and OBA Homecoming King a reception for Jim Stuart. The icing on the new admittees cake was accepting the OBA following the Golden Gavel Award on swearing-in cere- behalf of the YLD at the OBA monies in Okla- House of Delegates along with homa City and Immediate Past YLD Chair “Welcome to the Roy Tucker. Bar” events in To say I am proud of all the Oklahoma City YLD board accomplished this and Tulsa. In year is an understatement. To October we co- every member of the YLD OBA Homecoming royalty: (from left) 2013 OBA sponsored “Tak- board and executive commit- President Jim Stuart, 2012 OBA President Cathy ing Care of Busi- tee — your dedication, com- Christensen, 2012 OBA YLD Chair Jennifer Kirk- ness,” with the mitment and hard work are patrick and 2013 OBA YLD Chair Joe Vorndran OBA CLE off the charts. You not only Department. supported my objectives, you This CLE, specifically for new In May, the OBA YLD was also inspired me. Thank you, lawyers, was designed to give represented by three officers thank you, thank you. attendees an opportunity to at the ABA YLD Spring Con- work in small groups to Finally, I would like to thank ference, where we had the resolve real-life problems John Morris Williams and the opportunity to highlight our faced by attorneys in solo and OBA staff for their help, guid- Community Day of Service to small firm practice settings. I ance and assistance through- other states as well as partici- would like to thank YLD CLE out the year. pate in leadership training. Chair Bryon Will for his work As the final credits roll and We held our YLD Midyear in creating, scheduling and I look ahead, I am pleased to Meeting in conjunction with implementing this event. pass the gavel to Joe Vorn- the OBA Solo and Small Firm November was another dran. He has been busy pre- Conference in June at the busy and exciting month paring for 2013 and I know Choctaw Casino Resort in beginning with the YLD that he and the other YLD Durant. YLD board members Annual Meeting held in con- officers will have another had the opportunity to attend junction with the OBA Annual successful year. CLE or just sit at the resort’s Meeting in Oklahoma City. At fabulous pool area and catch Ms. Kirkpatrick practices in this meeting, election results up. We also hosted a hospitali- Oklahoma City and chairs the for the 2013 YLD Board of ty suite for all YLD and OBA YLD. She can be reached at Directors were announced. We members attending the confer- [email protected]. hosted a reception honoring ence. In July, the YLD board past OBA YLD chairs along

2714 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 CALENDAR OF EVENTS December

12 OBA Technology Committee meeting; 3 p.m.; 8 Government and Administrative Law Practice Oklahoma Bar Center, Oklahoma City with OSU Tulsa, Section meeting; 4 p.m.; Oklahoma Bar Center, Tulsa; Contact Gary Clark 405-744-1601 Oklahoma City with teleconference; Contact Tamar Scott 405-521-2635 13 OBA Diversity Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with Tulsa County 11 OBA Board of Governors swearing-in ceremony; Bar Center, Tulsa; Contact Kara Smith 405-923-8611 10 a.m. Supreme Court Ceremonial Courtroom, State Capitol, Second Floor, Oklahoma City; Contact: 14 OBA Board of Governors meeting; 9 a.m.; John Morris Williams, 405-416-7000 Oklahoma Bar Center, Oklahoma City; Contact OBA Board of Governors meeting and luncheon; John Morris Williams 405-416-7000 11 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Oklahoma Association of Black Lawyers John Morris Williams 405-416-7000 meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Donna Watson 405-721-7776 15 OBA Young Lawyers Division meeting; 10 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Jennifer Kirkpatrick 405-553-2854 17 OBA Alternative Dispute Resolution Section meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact Michael O’Neil 415-232-2020 20 Oklahoma Justice Commission meeting; 2 p.m. Oklahoma Bar Center, Oklahoma City; Contact Drew Edmondson 405-235-5563 January OBA Family Law Section; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa, NCB room 222, Tulsa; Tamera Childers 918-581-8200 24-25 OBA Closed – Christmas observed 16 OBA Law-Related Education Committee 31 OBA Closed – New Year’s Day observed meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Suzanne Heggy 1 OBA Closed – New Year’s Day observed 405-556-9612 3 OBA Lawyers Helping Lawyers discussion group 17 Oklahoma Justice Commission Meeting; 2 p.m.; meeting; 7 p.m.; Office of Tom Cummings, 701 NW Oklahoma Bar Center, Oklahoma City; Contact: 13th St., Oklahoma City; RSVP to Kim Reber Drew Edmondson 405-235-5563 [email protected] OBA Lawyers Helping Lawyers discussion group 21 OBA Closed – Martin Luther King, Jr. Day observed meeting; 7 p.m.; The Street Law Firm, 400 S. Boston Ave, Ste. 1100 W., Tulsa; RSVP to Kim Reber 22 OBA Legal Intern Committee meeting; 3 p.m.; [email protected] Oklahoma Bar Center, Oklahoma City with teleconference; Contact Candace Blalock 405-238-0143 4 Swearing-in ceremony of Chief Justice Tom Colbert and Vice Chief Justice John Reif; 24 OBA Work/Life Balance Committee meeting; 1:30 p.m.; Supreme Court Ceremonial Courtroom, 12 p.m.; Oklahoma Bar Center, Oklahoma City with State Capitol, Second Floor, Oklahoma City. Reception Tulsa County Bar Center, Tulsa; Contact Cheri Gray to follow 405-229-5396

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2715 FOR YOUR INFORMATION

Lawyers Provide Thanksgiving Dinner for Thousands More than 4,000 needy Oklahoma families enjoyed a traditional Thanksgiving meal at their own tables this year due to the efforts of a dedicated group of Oklahoma lawyers. Lawyers Against Hunger raised more than $80,000 to buy turkeys and food boxes to be distributed in communities across the state. “This is a way we can give back to our community and state, and show that lawyers really care while addressing a very serious need in our state,” says Hugh M. Robert, co-founder of Lawyers Against Hunger and attorney at Sherwood & McCormick. “I am fortunate to work at a firm that places an emphasis on community service. Our entire law firm shows up on the day of distribution and also helps in the planning process.” In the competition among all cities to see who could raise the most funds for the turkey distribution, Oklahoma City nar- rowly claimed victory on the last day, edging out Tulsa by only $100. Noble McIntyre presents a Thanksgiving turkey to a “There are no losers in this competition, family during the Oklahoma City distribution at the only winners from each community McIntyre Law Firm. Lawyers also gathered to distribute where we raised funds to help feed hundreds of turkeys and boxes of food in Tulsa, El Reno the hungry” said Noble McIntyre, co- and at the Law Offices of David Bernstein in Norman. founder of Lawyers Against Hunger, and attorney at McIntyre Law. Lawyers Against Hunger, formally established in 2011, is a nonprofit organization dedicated to fighting hunger, increasing food security for those in need. New distribution sites are being planned for next year. To volunteer, donate, or for more information about Lawyers Against Hunger, visit www.lawyersagainsthunger.com.

New OBA Board Members to Take Oath Volunteers Critical to OBA Success Ten new members of the OBA Board of Governors are set to be sworn in to their positions Jan. 11 at 10 a.m. in Joining an OBA committee the Supreme Court Ceremonial Courtroom at the State not only helps further the Capitol. Officers set to take the oath and their new work of the association, but is positions are James T. “Jim” Stuart, Shawnee, president; a fun networking and social Renée DeMoss, Tulsa, president-elect; and Dietmar opportunity for you! Presi- Caudle, Lawton, vice president. dent-Elect Jim Stuart invites all Oklahoma lawyers to sign To be sworn into the Board of Governors to represent their up for an OBA committee or judicial districts for three-year terms are Sandee Coogan, to re-enlist if your term is Norman; Robert D. Gifford III, Oklahoma City; Douglas L. expiring. Signing up for a Jackson, Enid; and Richard Stevens, at large, Norman. committee online is easy at To be sworn into one-year terms on the board are Cathy www.okbar.org, or use the Christensen, Oklahoma City, immediate past president; form in this issue. and Joe Vorndran, Shawnee, Young Lawyers Division Chairperson. Robert S. “Bob” Farris will serve the final year of Renée DeMoss’ term as an at-larger governor.

2716 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Farris Appointed to Board of Governors Tulsa attorney Robert S. Farris has been appointed to the OBA Board of Governors, filling the unexpired term of member-at-large Renée DeMoss, who is vacating the seat after her uncontested election as OBA president-elect. The vacancy will occur Jan. 1, 2013, and the at-large term expires Dec. 31, 2013. Mr. Farris is an attorney in private practice with the firm of Rogers and Bell. Since 1991, he has been an adjunct professor at TU College of Law, where he teaches courses on wills, trusts and elder law and supervises law students working with the Boesche Legal Clinic. He has twice received the honor of Outstanding Adjunct Professor. His community involvement consists of serving on the boards of St. John Medical Center, Tulsa Psychiatric Center, Parkside Psychiatric Hospital, Texas Presbyterian Children’s Homes and Services and the Tulsa Historical Society. He is a member of the National College of Probate Judges and a Bob Farris Fellow in the American College of Trust and Estate Council. He is a member of the Tulsa County Bar Association and serves as the TCBA Delegate to the ABA House of Delegates. He has served as president of the TCBA, a member of the Tulsa Estate Planning Forum and Tulsa Probate and Title Lawyers Association and is a member of the Real Property, Probate and Trust Law Section of the ABA. After beginning his career in private practice, he was appointed special judge for the Tulsa County District Court Probate Division and served from 1981-1990. He served as vice president of the Oklahoma Judicial Conference during his term on the bench. He received his J.D. from the TU College of Law in 1975.

Judge Allen Announces Retirement OBA Member Resignation All OBA members are cordially invited to a The following member has resigned as a retirement reception honoring Noble County member of the association and notice is Associate District Judge Dan Allen who is hereby given of such resignation: retiring after 22 years of service on the bench. The reception is set for Dec. 20, from James R. Covington III 2 – 4 p.m. at the Noble County Courthouse OBA No. 1956 in Perry, Third Floor, Courtroom A. 424 S. 2nd St. Springfield, IL 62701-1779 Holiday Hours OBA Member Reinstatement The Oklahoma Bar Center will be closed The following member of the OBA Monday, Dec. 24 and Tuesday, Dec. 25 for suspended for nonpayment of dues or the Christmas holiday. In addition, the bar noncompliance with the Rules for Man- center will close Monday, Dec. 31 and Tues- datory Continuing Legal Education has day, Jan. 1, 2013, for the New Year’s holiday. complied with the requirements for reinstatement, and notice is hereby given of End-of-the-Year Deadlines such reinstatement: Approaching! Stephen J. Korotash Dues are due Jan. 2, 2013. You can pay OBA No. 5102 online or by mail. Make sure if you are U.S. Secretary paying online that you carefully follow the 801 Cherry St., 19th Floor instructions and wait for the acknowledg- Fort Worth, TX 76102 ment before navigating away. Mandatory Continuing Legal Education hours need to be completed by Dec. 31, 2012.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2717 BENCH & BAR BRIEFS

population of any state or practice for 43 years. He may province. be reached at 8800 W. Water- loo Road, Edmond, 73025 or at 405-348-1564. he Oklahoma City-based udge Richard Osburn of TSweet Law Firm is Jthe Mille Lacs Band District expanding its practice with a Court in Onamia, Minn., second office in Tulsa and the recently completed the gener- addition of three new part- al jurisdiction course at the ners: Oklahoma City-based National Judicial College in anya Roland has joined Vanessa A. Hicks and Curt Reno, Nev. He earned the col- Tthe Oklahoma Bar Associ- Dewberry, and Tulsa-based lege’s certificate in judicial ation as coordinator for the W. Joseph Pickard, who will development in tribal judicial Oklahoma Lawyers for Amer- manage the new Tulsa/East- skills. He expects to complete ica’s Heroes program. Her ern Oklahoma practice. Ms. the requirements for certifi- work involves matching vol- Hicks has represented hun- cates in dispute resolution unteer attorneys with military dreds of health care profes- and general jurisdiction servicemembers and veterans sionals in medical malpractice in 2013. in need of pro bono legal cases and in state board ssistant U.S. Attorney assistance. She is a major actions across the state. She AArvo Q. Mikkanen from in the U.S. Army Reserves, has been instrumental in the Western District of Okla- having served as a JAG offi- leading the coordination homa received the 2012 Attor- cer in the Active Guard and of the firm’s national cases, ney General’s Award for Reserve Program from 2006- supervising attorneys in mass Exceptional Service in Indian 2011. She most recently torts throughout the United Country at the 60th Annual worked as a grant writer at States. She is a 2008 graduate Attorney General’s Awards East Central University in of the OU College of Law. Mr. Ceremony in Washington, Ada. She may be reached Dewberry has represented D.C. He is recognized for at 405-416-7086. hundreds of healthcare pro- his efforts to enhance law fessionals in medical malprac- all Estill announces tice cases in state and federal enforcement response to Samantha Weyrauch crime in Indian country. He H courts. He is a graduate of has joined the Tulsa office as the OU College of Law. Mr. is a member of the Kiowa special counsel, joining the Tribe of Oklahoma. Pickard served as a prosecu- health, estate planning, tax tor for the Tulsa County Dis- avid L. Bryant was and business litigation prac- trict Attorney’s office before Drecently inducted as a tices. Prior to joining the firm leaving to join a private prac- Fellow of the American Col- she was an associate attorney tice in 2004. His work focuses lege of Trial Lawyers during at Barber & Bartz. She has in the areas of general liabili- the college’s recent Annual published numerous articles ty, products liability, premises Meeting in New York City. related to health law in vari- liability, professional liability, Fellowship is extended by ous journals and publications environmental law and auto invitation only to experienced around the country. She negligence. He is a graduate trial lawyers who have mas- received her B.S. degree in of OU and received his J.D. tered the art of advocacy and accounting and her M.B.A. from the OU College of Law. whose professional careers from TU, and her J.D. from have been marked by the the TU College of Law. She homas Alan Bates has highest standards of ethical is also a CPA. Tbeen named Oklahoma’s first assistant attorney gener- conduct, professionalism, ary C. Rhodes announces civility and collegiality. Mem- al. He previously served as Ghis retirement from the chief of the attorney general’s bership can never exceed 1 practice of law. He was in percent of the total lawyer Public Protection Unit, over-

2718 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 seeing the Oklahoma Mort- Godlove, Mayhall, Dzialo, medical devices, consumer gage Settlement Fund and the Dutcher & Erwin. products and industrial prod- Do Not Call Registry, and he ucts in the defense of product was the lead assistant attor- cAfee & Taft announces claims liability. She is a grad- ney general on all consumer MJeremy M. Black has uate of TU College of Law protection litigation. He joined the firm’s Oklahoma and earned her bachelor joined the attorney general’s City office in its tax and fami- of business administration office in 1999, serving as chief ly wealth group. His practice degree in marketing of the Multicounty Grand is focused on federal, state from OU. Jury Unit. He was in private and local tax planning for practice for five years prior to public and private corpora- helly Perkins joins Okla- that. He is a 1994 graduate of tions, limited liability compa- Shoma City-Legacy Bank as the OCU School of Law. nies, partnerships and indi- trust officer and assistant cor- viduals; tax structuring of porate counsel. She will office he Tulsa law firm of complex business transac- at the bank’s May and Memo- TWilburn & Masterson tions; and providing general rial location in Oklahoma announces the opening of its business advisory services to City. Before joining Legacy, new office. The firm is located clients in a wide variety of she worked as an associate at 2421 E. Skelly Drive, Tulsa, industries. He graduated with attorney at DeBee Gilchrist, 74105. The firm focuses its a bachelor’s degree in finance a transactional law firm in practice in the area of all from OU and earned his J.D. Oklahoma City. Her focus types of insurance defense from OU College of Law. The included corporate, estate litigation. The firm also firm also welcomes Sean S. planning and nonprofit announces David R. Fleury Hunt to the firm. He is a for- organizations. She earned has joined the firm as an asso- mer landman and attorney her J.D. from OCU School ciate. His practice will focus for one of the nation’s largest of Law in 2007. on insurance defense, cover- oil and gas companies. At age analysis and litigation. McAfee & Taft, a significant he law firm of Walker, He graduated with a B.A. in portion of his practice is TFerguson and Ferguson political science from South- devoted to representing ener- announces Jon L. Derouen is ern Methodist University. He gy, oil and gas companies in now a partner and sharehold- received his J.D. with honors a broad range of matters, er of the firm. He graduated from TU College of Law. including oil and gas proper- with his J.D. in 1998 from ty sales and acquisitions, OCU School of Law and oanna Kirschner has been drafting and reviewing title joined the firm as an associate Jappointed as the director opinions, and negotiating and attorney in 2001. Since that of the Oklahoma Department preparing joint operating time, he has practiced in the of Commerce. She previously agreements, oil and gas leas- area of workers’ compensa- served as deputy director of es, and other contracts. He tion defense. The firm also the agency. She is a 1987 also represents other public welcomes Grant Spencer to graduate of the Boston and private entities in a broad the firm as an associate attor- College Law School. range of business and com- ney. He earned his B.S. in business administration from hon T. Erwin was sworn mercial transactions. He earned his bachelor’s degree the University of Arkansas. Sin as a U.S. magistrate In 2012, he received his law judge for the U.S. District in economics from OU and his J.D. from OU College of degree from OU College of Court for the Western District Law. He will practice in the Court of Oklahoma in Law. In addition, Suzanne E. Kern has joined the firm’s area of workers’ compensa- November. He has served the tion defense. court as a part-time magis- Tulsa office in its litigation trate judge since 1995. He will group. Her state and federal andra Benischek Harrison be based in Lawton, but will litigation practice is focused Shas been promoted to perform his judicial duties on employment law, complex chief operating officer for the both in Lawton and Oklaho- commercial litigation and the Oklahoma Department of ma City. Prior to his full-time representation of manufactur- Human Services. She was appointment, he was a part- ers and distributors of auto- also named Oklahoma Public ner in the Lawton law firm of mobiles, pharmaceuticals and Employees Association

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2719 Administrator of the Year. She business litigation, particular- offered a U.S. perspective on is a 2000 graduate of the OU ly contractual, construction the EU system for civil pro- College of Law. and property disputes. She is tection and emergency man- a 2006 graduate of the Uni- agement. he Tulsa law firm of versity of Missouri and a TAtkinson, Haskins, Nellis, 2009 graduate of the TU lder Law Attorney Lee M. Brittingham, Gladd & Car- College of Law. EHolmes, of the Elder Law wile welcomes Carol J. Allen Firm of Holmes, Holmes & as a shareholder in the firm. Sean Radcliffe of Neisent, PLLC in Oklahoma She practices in the areas of M. Englewood, Colo., City, was a recent speaker at general business and civil joins Ciber, a global IT con- the Chicago annual meeting litigation, bankruptcy law, sulting company, as senior of the Elder Law Council of employment law and com- vice president and general Advanced Practioners. His mercial litigation. In 1995, she counsel. He will serve as the topic was Mineral Interests, graduated summa cum laude company’s chief legal advisor how they affect Medicaid and from Northeastern State Uni- and secretary to the board of how to represent clients with versity, earning her B.S. in directors. He has practiced mineral interests. criminal justice. She received corporate law for nearly 20 her J.D. in 1998 from TU years, most recently serving mir Farzaneh recently College of Law. as vice president and chief Amade a presentation on legal counsel for HIS Inc. He the new immigration policy aron D. Gwartney joins has worked for the firms of “Deferred Action for Child- AThe Bethany Law Center Pray Walker and Conner & hood Arrivals” to members of LLP, bringing experience relat- Winters in Tulsa, where he the Associated General Con- ed to the health care industry. focused his practice in intel- tractors of America Oklahoma His focus will be on health lectual property related to City chapter. He also present- care, associations and tax software development and ed at CLE seminars held in exempt business organiza- licensing, information tech- Oklahoma City and Tulsa tions, trust and estate adminis- nology rights, copyright titled “Representing the tration, probates and guard- issues and dispute resolution. Non-Citizen Client,” speaking ianships, and employment He earned his J.D. from TU on the topic of “Real Proper- law. He spent 11 years as in- College of Law. ty: Pitfalls of Buying and house counsel for Integris Selling Real Property for Health Inc. before returning Non-Citizens.” to private practice. He received his J.D. from OU uke Wallace and David College of Law in 1997. LHumphreys of the Tulsa consumer protection law firm ray Walker welcomes two of Humphreys Wallace Hum- Pmembers to the firm. Scott phreys PC gave a presenta- R. Helton joins the firm as a tion in October at the 21st shareholder. His practice avid A. Trissell recently Annual Consumer Rights Lit- focuses on complex business Ddelivered remarks at a igation Conference in Seattle litigation as well as oil and Brussels conference titled “EU on the topic of “Building a gas litigation and products Governance of Global Emer- Power Case Maximizing liability. He also provides gencies” which was orga- Consumer Damages.” counsel in the areas of estate nized by the University of imothy C. Dowd spoke to planning, asset protection and Ghent and Royal Flemish business succession planning. Tthe Oklahoma City Asso- Academy of Belgium for Sci- ciation of Professional Land- He graduated in 2000 from ence and the Arts. The confer- Oklahoma Baptist University men on the topic of “Ten ence explored the legal Recent Oil and Gas Cases.” and earned a J.D. in 2003 aspects of the European from TU College of Law. Lau- He also presented to an audi- Union’s authority to respond ence of more than 600 law- ren Pierce joins the firm as an to global emergencies — associate. Her work will focus yers, landmen, and oil and humanitarian, economic, gas industry personnel in on the firm’s litigation section military and emergency man- with emphasis on complex Westminster, Colo., during agement — and Mr. Trissell the Rocky Mountain Mineral

2720 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 Law Foundation Special Insti- and Opportunities” in is a partner with the firm of tute on Horizontal Oil and November in Pittsburgh, Pierce Couch Hendrickson Gas Development speaking Penn. Baysinger & Green. on the topic of “Conflicting Agreements When Drilling ttorney Chris Paul of onna De Simone of a Horizontal Well.” ATulsa recently presented DRiggs Abney Neal Tur- “New Records Requirements pen Orbison & Lewis was a helton Voorhees Law for Pipeline Integrity – Costs featured speaker on “Legal SGroup attorneys Douglas and Underwriter Reactions” Implications of the Technolo- J. Shelton and Bryan K. at the Marsh and McAfee & gy Explosion” at the Novem- Walkley spoke at a recent Taft 8th Annual Midstream ber meeting of Executive National Business Institute Roundtable in Tulsa. He prac- Women International. seminar titled “Dirty Litiga- tices with the firm of McAfee Compiled by Amanda Dale. tion Tactics: How to Deal & Taft. With the ‘Rambo’ Litigator” How to place an announce- in Oklahoma City. ani Singhal of Tulsa ment: The Oklahoma Bar Journal Vrecently presented welcomes short articles or harlie Plumb of Tulsa “Exploring Device Manufac- news items about OBA mem- Cmoderated the opening turers’ Duty to Train Physi- bers and upcoming meetings. If keynote, “Employment cians on the Effective Use of a you are an OBA member and Law Outlook for 2013 and Particular Device” at the 17th you’ve moved, become a part- Beyond,” at the 17th Annual Annual Drug and Medical ner, hired an associate, taken Employment Issues Sympo- Device Litigation Conference on a partner, received a promo- sium in Las Vegas, Nev. In in New York City. She practic- tion or an award, or given a November, he presented es with the firm of McAfee talk or speech with statewide “Updating Your Workplace & Taft. or national stature, we’d like to Drug and Alcohol Testing hear from you. Sections, com- Policy” at Western Oklahoma ric L. Johnson, a consum- mittees, and county bar associ- Human Resources in Weath- Eer financial services attor- ations are encouraged to sub- erford and “Social Media ney with Phillips Murrah PC mit short stories about upcom- Challenges” at the Oklahoma was a presenter at the Okla- ing or recent activities. Honors Association of College and homa Automobile Dealers bestowed by other publications University Business Officers Association’s 2012 Annual (e.g., Super Lawyers, Best Law- Fall Conference in Tulsa. Meeting held in Oklahoma yers, etc.) will not be accepted City. His presentation titled as announcements (Oklahoma- cAfee & Taft attorneys “Caught in a Compliance based publications are the MBill Freudenrich and Riptide and Dragged Out to exception.) Information select- Brandon Long presented Sea” focused on the latest ed for publication is printed at “The Affordable Care Act” actions by federal and state no cost, subject to editing, and at the Tulsa Area Human regulators and how those printed as space permits. Resources Association actions are impacting auto- Submit news items via email to: Annual Employment Law mobile dealers. Lori Rasmussen in November. Communications Dept. andall J. Wood recently Oklahoma Bar Aassociation ary Ellen Ternes of Rpresented at a Sterling (405) 416-7017 MOklahoma City present- Education Seminar in Okla- [email protected] ed “Water Law and Policy: homa City. He presented Implications for Water Sourc- papers on “The Expanding Articles for the Jan. 12, 2013 ing in Shale Development” at Agenda of the National issue must be received by the AIChE-A&WMA Joint Labor Relations Board” and Dec. 10, 2012. Workshop: “Shale Oil and “Employment Law Issues in Gas E&P — Water Challenges the Workplace — 2012.” He

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2721 IN MEMORIAM

o Nan Allen of Sand undergraduate degree from associate district judge for JSprings died Dec. 1. She Brown University and his law Osage County. During this was born July 16, 1942, in degree from TU College of time, he served as a board Caddo County. She excelled Law in 1960. He practiced member and legal counsel to in school and was the valedic- with the firms of Ungerman, the Osage Nation Organiza- torian of her senior class and Grabel, Ungerman; Houston tion, a cause to which he a member of the 4-H Club. and Klein; Tips and Gibson; remained dedicated through- She was involved in the Unit- and most recently at the Jar- out his life. He served on ed Methodist Church as a boe Law Firm as of counsel. many boards and advisory young girl and continued her He was active in the Tulsa committees related to tribal involvement throughout her County Bar Association and issues, rights and opportunity life. She attended OCU while the OBA, receiving his 50-year advancement. Of his many working as a youth director certificate and pin in 2010. achievements, he was most at Wesley United Methodist He served as TCBA delegate proud of being selected to Church in Oklahoma City. and/or alternate at the OBA serve as the first chief judge After raising her family, she Annual Meetings from 2004- of the Osage Nation Supreme went back to school to pursue 2009, and he was a member of Court under the Osage Nation a law degree. She entered the the MCLE Commission from Constitution of 2004. OU College of Law at age 53, 2009-2012. He also served on the oldest in her class, gradu- the TCBA Attorney Complaint obert A. Manchester III ating in 1997. She actively and Fee Arbitration Commit- Rof Oklahoma City died practiced family law for the tee. He enjoyed playing tennis Nov. 16. He was born April next 15 years, often perform- and the friendships he devel- 10, 1941, and raised in Can- ing pro bono work out of her oped along the way. Memorial field, Ohio. He graduated strong sense of service to oth- contributions may be made to from OCU School of Law. ers. Memorial contributions the Clarehouse, Tulsa; Roxey From 1984 to the present, he may be made to the Jo Nan Ballet, Lambertville, N.J.; or served as chief municipal Allen Memorial Fund of Sand Ekone Ranch Summer Camps, judge for the City of The Vil- Springs United Methodist Goldendale, Wash. lage. He was a member of the Church. Oklahoma County Bar Asso- harles Henry Lohah of ciation and the Oklahoma anny Ray Beltz of Stroud CHominy died Nov. 22. He Criminal Defense Lawyers Ddied Nov. 14. He was was born Sept. 24, 1934, and Association, earning its Lord born July 30, 1941, in Garber. attended Hominy schools. He Thomas Award. He was also He graduated from Stroud graduated from Benedictine a member of the Governor’s High School in 1959, attend- Heights College in Tulsa with Commission on the Status of ing OU and earned his law a bachelor’s degree in philos- Women. He received the OBA degree in 1968. He was a sole ophy. He went on to complete President’s Award in 2011 for practitioner with the Beltz law school at the TU College his pro bono work on behalf Law Office, and he served as of Law. His military service of veterans, and he founded a municipal judge for towns included service with the the Marine Corps War Memo- in Lincoln and Creek counties. Oklahoma National Guard, rial Foundation. For more He was a member of the First the U.S. Air Force, the Okla- than 20 years, he was an United Methodist Church, homa Air National Guard active hot air balloonist, Stroud Masonic Lodge and and the Air Force Reserve. known as “Ballooning Barris- Boy Scouts. Memorial dona- He served as an investigator ter.” He was a frequent travel- tions may be made to BSA for the U.S. Labor Department er with the ability to befriend Troop 36. in Montgomery, Ala., and people throughout the world. returned to Hominy in 1964 Among his survivors are OBA heodore (Ted) P. Gibson where he practiced law and members Susan J. Manchester, Tof Tulsa died Nov. 7. He then served as assistant coun- his wife; and Robert A. Man- was born July 4, 1931, in ty attorney. He was later chester IV, his son. Muskogee. He received his appointed and then elected

2722 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 illiam Wendell Metcalf lished the Judge William R. 1949. He began working for Wof Hobart died Oct. 20. Saied Lifetime Achievement the Oklahoma Natural Gas He was born July 3, 1925, Award. He received numer- Company, where he worked graduating from Hobart High ous awards and honors for for 37 years until his retire- School in 1943. He was draft- community service. He was a ment. He served as the com- ed into the U.S. Army in member of Crown Heights pany’s vice president, secre- 1944, serving with the 133rd United Methodist Church, tary and assistant treasurer. Regiment, 34th Infantry where he taught Sunday He received his J.D. in 1971 Division in Anzio, Italy. He school. He later became an from TU College of Law. He graduated from Harvard Uni- active member of St. Elijah was active in Tulsa’s Kiwanis versity in 1950, and in 1953 he Orthodox Christian Church. Club and attended First Unit- graduated from the OU Col- He enjoyed travel, literature ed Methodist Church of Tulsa. lege of Law. He served in the and writing short stories Memorial donations may be Oklahoma House of Repre- and plays. made to St. Francis Hospice sentatives from 1955-1964. He of Tulsa or Smile Train of was a self taught horticultur- avid T. Scott of Perryton, Washington, D.C. ist who enjoyed his lawn and DTexas, died July 7. He classical music. He was a was born Dec. 11, 1958. He atherine Ingle Stokes of member of Saints Peter and received a B.A. with honors KSallisaw died Oct. 28. She Paul Catholic Church. from McMurry University in was born on July 16, 1917, in Abilene, Texas in 1980. He Shamrock. She graduated etired District Judge Wil- graduated from Texas Tech from the OCU School of Law. Rliam Robert Saied of University with a law degree Originally a school teacher, Oklahoma City died Nov. 24. in 1983. An attorney in private she served as county attorney He was born May 9, 1921, in practice, he focused in the for Sequoyah County from Ranger, Texas. He graduated area of criminal law in the 1959-1960, and was later in from Northwest Classen High Oklahoma and Texas panhan- private practice. She also School in Oklahoma City in dles from 1991 to 2008. He maintained a private tax prep- 1940. During World War II, was later elected county attor- aration business until her he enlisted in the U.S. Army ney for Ochiltree County in retirement in 1994. Her per- Air Corps, serving in intelli- Texas. He was president of the sonal interests included trav- gence in the Pacific Theater. Northwest Texas Panhandle eling and painting. In 1949, he graduated from Bar Association. He was OU College of Law. He was active in his community as eo Howard Whinery Sr. of elected Jackson county attor- a City Council member and LNorman died Nov. 11. He ney, represented the State served in many capacities, was born Sept. 20, 1926, in Insurance Fund and served including president of the Kansas City, Kan. He went as an assistant attorney for Perryton Rotary Club and on to serve in the U.S. Army Oklahoma County. He was Perryton Activity Center, as Air Corps from 1945 to 1946. appointed to serve as Oklaho- well as scoutmaster for the He received B.A. and LL.B ma County District Court Boy Scouts. He was past pres- degrees from the University Judge in 1976. He was later ident of Top of Texas Rural of Missouri at Kansas City elected president of the Okla- Rail Transportation District and later an LL.M from homa Judicial Conference, and past chairman of the Columbia University. He was served as presiding judge of Ochiltree Republican Party. a faculty member at OU Col- the 7th Judicial Court, and lege of Law from 1959 until served as faculty advisor and obert Steen Smith of his retirement in 2003. He also professor at the National Judi- RTulsa died Oct. 24. He was served as a judge with the cial College. He also taught at born Oct. 19, 1923, in Holden- Norman Municipal Court the American Academy of ville. He served the country from 1960 to 1978 and was Judicial Education and at var- in the U.S. Army Air Corps, presiding judge from 1970 to ious judicial seminars serving in the Philippines 1978. He was widely pub- throughout the United States. during World War II. After lished and was a frequent lec- He founded the Big Brothers honorable discharge in 1946, turer, primarily in the field of Big Sisters Club in Oklahoma he enrolled at OU and gradu- sentencing and evidence, and and the organization estab- ated with a B.S. in business in he served on many faculty,

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2723 state and national legal com- man. Donations may be made liams & Tracy Inc., concentrat- mittees. He was a member of in his memory to the OU Col- ing on domestic relations and the Oklahoma Trial Lawyers lege of Law Scholarship fund. family law matters. Legal Association, American Law group affiliations include Institute, ABA and the Mis- on Edward Williams of the TCBA and the American souri Bar Association. He was DTulsa died Nov. 25. He Academy of Matrimonial a faculty member of the was born Dec. 12, 1942, in Lawyers as a matrimonial National Judicial College in Oklahoma City. He earned arbitrator mediator. He was Reno, Nev., from 1973 to pres- an accounting degree from TU former chairman of the TCBA ent. A skilled equestrian, he in 1965 and received his J.D. Family Law Section and a for- was active in the breeding of from the TU College of Law mer referee for the District Trakehner horses at his Cedar in 1967. Since 1976, he has Court of Tulsa County Juve- Crest Farm in southeast Nor- been a partner at Naylor, Wil- nile Division.

2724 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 CLASSIFIED ADS

SERVICES SERVICES

OF COUNSEL LEGAL RESOURCES — SINCE 1992 — HANDWRITING IDENTIFICATION Exclusive research & writing. Highest quality: trial and POLYGRAPH EXAMINATION appellate, state and federal, admitted and practiced U.S. Supreme Court. Over 20 published opinions with Board Certified Court Qualified numerous reversals on certiorari. MaryGaye LeBoeuf Diplomate — ABFE Former OSBI Agent 405-728-9925, [email protected]. Life Fellow — ACFEI FBI National Academy Arthur D. Linville (405) 736-1925 INTERESTED IN PURCHASING PRODUCING & NON-PRODUCING Minerals; ORRI; O & G Interests. Please contact: Patrick Cowan, CPL, CSW Corporation, FREELANCE LEGAL SERVICES – Lawyer with P.O. Box 21655, Oklahoma City, OK 73156-1655; 405- highest rating and with 30+ years’ experience on both 755-7200; Fax 405-755-5555; email: [email protected]. sides of the table is available for strategic planning, legal research and writing in all state and federal trial BRIEF WRITING, APPEALS, RESEARCH AND DIS- and appellate courts and administrative agencies. COVERY SUPPORT. Eighteen years experience in civil Admitted and practiced before the United States litigation. Backed by established firm. Neil D. Van Dal- Supreme Court. Janice M. Dansby, 405-833-2813, sem, Taylor, Ryan, Schmidt, Van Dalsem & Williams [email protected]. PC, 918-749-5566, [email protected]. BUSINESS VALUATIONS: Marital Dissolution * Es- tate, Gift and Income Tax * Family Limited Partner- ships * Buy-Sell Agreements * Mergers, Acquisitions, Reorganization and Bankruptcy * SBA/Bank required. Kirkpatrick Oil & Gas is interested in purchasing Dual Certified by NACVA and IBA, experienced, reli- producing and non-producing oil and gas interests able, established in 1982. Travel engagements accepted. Please Contact: Connally & Associates PC 918-743-8181 or bconnally@ [email protected] or 405-840-2882 connallypc.com. 1001 West Wilshire Boulevard Want To Purchase Minerals AND OTHER Oklahoma City, OK 73116 | Kirkpatrickoil.com OIL/GAS INTERESTS. Send details to: P.O. Box 13557, Denver, CO 80201. DO YOU OR YOUR CLIENTS HAVE IRS PROBLEMS? Free consultation. Resolutions to all types of tax prob- TRAFFIC ACCIDENT RECONSTRUCTION lems. Our clients never meet with the IRS. The Law INVESTIGATION • ANALYSIS • EVALUATION • TESTIMONY Office of Travis W. Watkins PC. 405-607-1192 ext. 112; 25 Years in business with over 20,000 cases. Experienced in 918-877-2794; 800-721-7054 24 hrs. www.taxhelpok.com. automobile, truck, railroad, motorcycle, and construction zone accidents for plaintiffs or defendants. OKC Police Dept. 22 Appeals and litigation support years. Investigator or supervisor of more than 16,000 accidents. Jim G. Jackson & Associates Edmond, OK 405-348-7930 Expert research and writing by a veteran generalist who thrives on variety. Virtually any subject or any type of project, large or small. NANCY K. ANDER- OFFICE SPACE SON, 405-682-9554, [email protected]. LUXURY LAW OFFICES & SUITES – COUNCIL OAK Creative. Clear. Concise. CENTER: The Historic Council Oak Center is a unique EXPERT WITNESSES • ECONOMICS • VOCATIONAL • MEDICAL legal facility housed in a 1920’s era mansion located Fitzgerald Economic and Business Consulting only a short distance from downtown Tulsa and the Economic Damages, Lost Profits, Analysis, Business/ courthouses. Rich craftsmanship, contemporary art, Pension Valuations, Employment, Discrimination, and historic architecture create a professional atmo- Divorce, Wrongful Discharge, Vocational Assessment, sphere and elegant working experience. Rent Includes: Life Care Plans, Medical Records Review, Oil and Gas FREE PARKING, 1ST MONTH’S RENT FREE, Month Law and Damages. National, Experience. Call Patrick to Month Lease, receptionist, IT Tech, and cleaning ser- Fitzgerald. 405-919-2312. vices, scan, fax, and copy services, internet, courthouse runners, recycling/shredding, and on-site file storage. Consulting Arborist, tree valuations, diagnoses, Amenities include: kitchenette, gourmet coffee, formal forensics, hazardous tree assessments, expert witness, & informal conference rooms, garden room, wood depositions, reports, tree inventories, DNA/soil testing, burning fireplaces, secretarial suites, law library and construction damage. Bill Long, ISA Certified Arborist, the BEST RATES IN TOWN! 918.582.8252. #SO-1123, OSU Horticulture Alumnus, also serving Tul- sa/Bartlesville, 405-996-0411, 918-608-1997. www.BillLongArborist.com.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2725 OFFICE SPACE POSITIONS AVAILABLE FURNISHED DOWNTOWN OKC OFFICE SPACE FOR ASSOCIATE DIRECTOR OF PROFESSIONAL DEVEL- LEASE: Includes fully furnished private office, secretari- OPMENT Position Summary: The University of Tulsa al/receptionist services, conference room, 24/7 answer- College of Law seeks an Associate Director of Profes- ing service, internet/cable TV, copier/scanner, fax line, sional Development. This is a fast paced and dynamic storage space, and kitchenette. 405-218-4400. position that assists the Associate Dean of Professional Development in the delivery of a comprehensive profes- OKLAHOMA CITY OFFICE FOR RENT IN THE “VIL- sional development program for students and alumni of LAS” near Hefner and Penn, close to Federal Post Office. the law school. The Associate Director will be responsi- Spacious with office furniture available.P arking in front. ble for supporting the Associate Dean in all endeavors of Reasonable rent $300 per month. Call 405-418-7373. the Professional Development Office, including: marketing law students and graduates in a broad spectrum of POSITIONS AVAILABLE professional opportunities; planning and implementing educational programs; planning, counseling and assist- COMMERCIAL LITIGATION ASSOCIATE with 2-5 ing students with career and networking strategies; years experience sought by OKC OFFICE OF LARGE facilitating the Licensed Legal Intern and Mentoring pro- REGIONAL FIRM to fill immediate needs in the areas grams at the direction of the Associate Dean; assisting in of energy, oil and gas, employment and real estate. Su- the on-campus and off-campus interviewing programs; perior writing skills and strong academic credentials assisting with compilation of statistical data as request- are required. Prior complex litigation experience pre- ed; community outreach; and providing excellent cus- ferred but not essential. Excellent compensation and tomer service to TU Law students and alumni. Minimum benefits. All replies held confidential. Please send ré- Qualifications: Juris Doctor degree from an ABA accred- sumé and writing sample to “Box L” Oklahoma Bar As- ited law school; member of the Oklahoma Bar Associa- sociation, P.O. Box 53036, Oklahoma City, OK 73152. tion or willing to become a member; ability to develop AV RATED SMALL DOWNTOWN TULSA FIRM seeks and implement educational programs, excellent writing, associate. Excellent academic background, research communication, and organizational skills; superior in- skills, writing skills and 2+ years of litigation experi- terpersonal and oral presentation skills; word process- ence required in areas of general civil litigation and doing and technical skills; ability to work with minimum mestic relations. Compensation package commensu- supervision; ability to do some weekend travel; ability rate with experience and performance. Send résumé to appreciate cultural diversity in communications including references and writing sample to Box A, with all groups associated with the University; three Oklahoma Bar Association, P.O. Box 53035, Oklahoma years legal practice experience and/or previous law City, OK 73152. school career services experience or experience in re- cruiting for legal employers; dedication to providing BARBER & BARTZ, A MID-SIZED AV RATED TULSA excellent customer service for TU College of Law stu- LAW FIRM is seeking a full time attorney to handle es- dents and alumni; passionate about the TU College of tate planning, including complex high net worth tax Law mission; and desire for a fast paced work environ- planning. At least 10 years experience preferred with ment while working with a variety of constituencies in strong writing and communication skills. A current/ and out of the TU College of Law. Application Informa- active CPA license, or LLM (tax, or estate planning) or tion: Please remit cover letter, résumé, the names, ad- MA (tax) is also preferred. Compensation commensu- dresses and phone numbers of three references to: The rate with experience, skills and designations. Possible University of Tulsa, Office of Human Relations, 800 S. merger with an existing practice would be considered. Tucker Drive, Tulsa, OK 74104 or email to tujobs@utul- Please send résumé to Janet Hall, Administrator at sa.edu. The review of applications will commence im- [email protected] or 525 S. Main, Ste. 800, Tulsa, mediately and will continue until the position is filled. OK 74103. THE US ATTORNEY’S OFFICE IS SEEKING TO FILL ABOWITZ, TIMBERLAKE, DAHNKE & GISINGER, a ONE PARALEGAL SPECIALIST, Appellate Division. mid-sized AV-rated law firm located in downtown Starting salary will be $57,408 or $68,809 per year de- Oklahoma City, is seeking to add an Associate Attor- pending on qualifications. See 13-OKW-792395-DE at ney with 5-7 years’ experience in litigation. Successful www.usajobs.gov. Applications must be submitted on- candidate must have good research and writing skills, line or by fax. See “How to Apply” section of announce- the ability to manage a fast paced case load and deposi- ment for more information. Questions may be directed tions, motions and trial experience. Our firm offers a to Lisa Engelke, HR Specialist, 405-553-8777. Closing competitive salary and benefits.P lease submit résumé, date is December 14, 2012. references, salary requirements and writing sample to Diana Akerman at [email protected]. EXPERIENCED ASSOCIATE (3-7 years) needed by AV- FULL TIME POSITION AS ASSOCIATE ATTORNEY rated Tulsa insurance and transportation defense firm. for large Tulsa law firm. Must be fluent in Spanish, Very busy, fast-paced office offering competitive salary, have a broad knowledge of the law and good telephone health/life insurance, 401k, etc. For candidate with skills. Send résumés to: Human Resources Dept. P.O. strong academic background and practical litigation ex- Box 1046, Tulsa, OK 74101. perience, send résumé and writing sample (10 pg. max) in confidence via email to [email protected].

2726 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012 POSITIONS AVAILABLE POSITIONS AVAILABLE DIRECTOR OF DEVELOPMENT – TU COLLEGE OF TAX POLICY ANALYST IV (#642) The Tax Policy and LAW Position Summary & Characteristic Duties: The Di- Research Division of the Oklahoma Tax Commission rector of Development reports to the Dean of the College is currently seeking applications for the position of of Law and is responsible for identification, cultivation, Tax Policy Analyst. This position covers the duties of solicitation, and stewardship of major gift donors and multiple tax type analysis as well as specific complex prospects for the College of Law. He/she is responsible sales tax analysis. In addition the Tax Policy Analyst for the design and successful execution of all develop- will prepare fiscal analysis of proposed tax legislation ment work for the college. Core duties include: Creates and perform other duties related to tax policy and an operating plan that will support and advance the aca- legislation. One to three years legal or accounting re- demic agendas of the College of Law. Develops a strate- lated work experience preferred but not required. gic outreach plan for law firm participation, identifying Salaried position with full state benefits. Compensa- potential corporate and individual prospects, and coor- tion commensurate with experience. Employment dinating the cultivation and solicitation of donors for with the OTC offers benefits which include medical, these initiatives. Analyzes and evaluates current and dental, life, disability and vision insurance, medical past donor trends for college constituencies, and targets and health care reimbursement programs, retirement segments of donors and prospects for personalized at- plan, deferred compensation plan, paid holidays and tention. Collaborates with the Dean of the College of longevity payments. Employees earn 3 weeks annual Law in the setting of specific dollar and donor goals for and 3 weeks paid sick leave in the first year of em- the college and meeting these fundraising goals annual- ployment. Interested applicants, please submit your ly. Manages the law school’s relationships with any third résumé online through monster.com or by email to party vendors for cultivation, stewardship activities, and [email protected] with an indication of what po- general donor outreach. Minimum Qualifications: Bach- sition is being applied for. elor’s degree; minimum of 3 to 5 years professional experience in corporate or higher education fundraising; demonstrated success developing strategies in adminis- CLASSIFIED INFORMATION tering complex major gift solicitations; strong document- CLASSIFIED RATES: $1 per word with $35 minimum per in- ed record of gifts solicited and closed in the special and sertion. Additional $15 for blind box. Blind box word count major gifts range; persuasive written and oral communi- must include “Box ___, Oklahoma Bar Association, P.O. Box cation skills; excellent interpersonal skills; proficient 53036, Oklahoma City, OK 73152.” Display classified ads with with Microsoft Office, and experience with some form of bold headline and border are $50 per inch. See www.okbar.org customer management software; flexibility and punctu- for issue dates and display rates. ality in managing multiple tasks; ability to exercise initiative and work proactively with minimum supervision; DEADLINE: Theme issues 5 p.m. Monday before publication; Court issues ability to travel and work occasional nights and week- 11 a.m. Tuesday before publication. All ads must be prepaid. ends. Preferred Qualifications A Master’s or Juris Doc- torate degree; previous successful experience coordinat- SEND AD (email preferred) stating number of times to be pub- ing volunteers in a fundraising program; a familiarity lished to: with the University history and community. Application [email protected], or Information: Please submit a cover letter, résumé and the Emily Buchanan, Oklahoma Bar Association, P.O. Box 53036, name, address, and phone number for three references Oklahoma City, OK 73152. to: The University of Tulsa, Office of Human Resources, Publication and contents of any advertisement is not to be 800 S. Tucker Drive, Tulsa, OK 74104, or email to tujobs@ deemed an endorsement of the views expressed therein, nor utulsa.edu, or via fax to 918-631-3543. The review of ap- shall the publication of any advertisement be considered an en- plications will commence immediately and will continue dorsement of the procedure or service involved. All placement until the position is filled. notices must be clearly non-discriminatory.

Vol. 83 — No. 33 — 12/8/2012 The Oklahoma Bar Journal 2727 THE BACK PAGE

Getting Dissed at the Mall By Margaret Travis

I got dissed recently by the 12- izing. This one absorbs light. I’m year-old working at the makeup not at all clear why one would counter at the mall. need that. One helps cover lines, I needed some makeup — shadows and evens out skin mine having reached that dreaded tones, and she gave me that look barren-bottle status. Even leaving that said, “It’s the one you need, it balanced on its top all the time, Honey.” I picked a powder. it wouldn’t give up any more They always give free samples makeup. Time to go talk to those when you buy stuff. Usually it’s young, perky, made-up cosmetic nice stuff you can use but would pushers. never really buy — eye-puffiness I took my empty bottle of foun- reducer, lip stuff to keep your lip- dation. It amazes me how many stick on longer, stuff to keep different types of makeup they your eye makeup on longer. She have within the same line. They came out with a product called all have names I’m sure were “Advanced Stop Signs” that car- meant to be descriptive, but just ries the notation that it “targets serve to confuse me until I think lines and dark spots.” my head is going to explode. I decided I’d try to go it alone She showed it to me and I was at the makeup counter and describe to her what I want- dropped it into my bag. She told late on a Sunday afternoon with ed, “Powder. In the square com- me, “I think you’ll lllooovvveee my empty bottle in my hot little pact. That you can carry in your this.” I don’t know how she could hand. It was late on a Sunday purse. Not that loose stuff that possibly know that. She didn’t afternoon for several reasons. I’d gets all over the counter when look old enough to drive a car, managed to get most of the stuff I you open it. Powder. In the much less be pushing makeup to needed to do that weekend done pressed form.” middle-aged women at the mall. relatively early. There were no And she looked at me and She had flawless skin; the kind soccer games that weekend and smiled her cheerful, lipstick paint- that doesn’t require any artificial not because I’d prayed for rain ed smile, “Do you want the Stay- assistance to glow. and been rewarded for my efforts. MatteSheerPressedPowder, the I’ll admit it kind of made me My son and my husband were SoftFinishPressedPowder, the mad. It’s bad enough that at 49, I hanging Halloween decorations SuperPowderDoubleFaceMakeup still have acne. It’s bad enough, I on the front porch. or the GentleLightPressedPow- have gray hairs that stick out at I showed her my empty bottle, der?” I looked at her and said, funny angles. It’s bad enough that and she wandered away. She “Powder,” while making a square my moisturizer has the words age, asked if there was anything else I with the thumb and forefingers of time and fighting on the front of needed. Drat! There actually was, both hands. I felt like a deer the bottle. It’s bad enough that I but I didn’t bring it with me. Drat! caught in the headlights of a GMC know what lines and dark spots Drat! Drat! pickup truck full of hunters with are all about and from time to guns and knives. I couldn’t just go time, worry about them. It’s bad I weighed the chances that I’d with cheap. Three of them were enough that I probably will be able to get to the mall alone the same price, and the more lllooovvveee the product that within the next few weeks; two expensive one only cost a dollar “targets lines and dark spots.” soccer games next weekend, my or two more. I know that because But she doesn’t have to rub husband committed to helping I asked. clean out his mother’s house, I my face in it. needed to work. Things didn’t So she proceeded to explain to Ms. Travis practices in Oklahoma look good. me the virtues of each. This one is City. oil absorbing. This one is moistur-

2728 The Oklahoma Bar Journal Vol. 83 — No. 33 — 12/8/2012

Rooted in our history and confident in our promising future, OAMIC is proud to share our new look.

For the past 32 years, Oklahoma Attorneys While our exceptional customer service and Mutual Insurance Company has served the dependability will never change, we do have Oklahoma legal community with exceptional some exciting new changes coming to our personalized service and specialized brand. We’re excited about the future, and expertise in lawyers’ professional liability invite you to call or visit us online to see what insurance in Oklahoma. we have to offer.

3900 S. BOULEVARD, EDMOND, OK | P.O. BOX 5590, EDMOND, OK 73083-5590

P 405 471 5380 | 800 318 7505 F 405 471 5381 OAMIC.COM