Navigating the Changing Legal Profession Editor: Melissa Delacerda Pg

Volume 85 u No. 29 u Nov. 1, 2014

ALSO INSIDE Federalization of the Oklahoma Law License • Annual Meeting • Kick It Forward Program November 21 Oklahoma City, OK ...... Oklahoma Bar Center 1901 N. Lincoln Blvd. ADVANCED CROSS ...... EXAMINATION

Roger J. Dodd has active offices in Utah, Georgia and Florida where he practices trial work of all types. This includes personal injury, wrongful death, criminal defense and domestic relations. He is listed in Best Lawyers for more than 20 years. He is one of a handful of lawyers nationally who are listed in Super Lawyers in more than one state simultaneously. He has lectured and taught lawyers and judges in all 50 states and multiple foreign countries.

Designed for both civil and criminal lawyers. For all program details and to register, log on ...... to: www.okbar.org/members/cle.aspx A New Understanding of Cross-Examination BONUS MATERIAL Constructive Cross-Examination ON ‘CROSS The Only Three Rules of Cross-Examination EXAMINATION AT The Chapter Method of Cross-Examination DEPOSITIONS’ Cross Examination without Discovery Ethics Page Preparation of Cross-Examination Sequences of Cross-Examination Loops, Double Loops, and Spontaneous Loops Controlling the Runaway Witness

Seminar starts at 9 a.m. and adjourns at 2:50 p.m. Approved for 6 hours MCLE/ 1 Ethics. $250 for early- bird registrations with payment received at least four full business days prior to the seminar date; $275 for registrations with payment received within four full business days of the seminar date. Texas credit for live webcast only. Tuition for webcast varies from live program tuition.

OBA/CLE and OBA Professionalism Committee Present: OBA Professionalism Symposium

Friday, Dec. 12 • 8 - 11:45 a.m. Supreme Court Ceremonial Courtroom 2nd Floor Hot breakfast included

Registration $75 Includes 3 hours MCLE ethics Agenda 8 - 8:30 a.m. Registration and hot breakfast

8:30 - 8:45 a.m. Opening by OBA President Renée DeMoss Welcome by Chief Justice Tom Colbert

8:45 - 9 a.m. Dean Joseph Harroz, Jr., OU College of Law

9 - 9:15 a.m. Dean Valerie K. Couch, OCU School of Law

9:15 - 9:30 a.m. Dean Janet K. Levit, TU College of Law

9:30 - 9:50 a.m. William R. Grimm, Barrow & Grimm

9:50 - 10:10 a.m. Chief Judge Deborah Barnes, Oklahoma Court of Civil Appeals

10:10 - 10:30 a.m. Break

10:30 - 10:50 a.m. Senior United States District Judge Wayne E. Alley, Western District of Oklahoma

10:50 - 11:30 a.m. Panel discussion moderated by D. Kent Meyers of Crowe & D un le v y, p anel memb ers include Judge A l le y, Judge B ar nes, Oklahoma House Rep. Emily Virgin and Frederick K. Slicker of Slicker Law Firm

11:40 - TBA Optional private tour of State Capitol

The OBA Standards of Register Professionalism can be found at www.okbar.org/members/CLE http://goo.gl/aNjIJc

2242 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Theme: Navigating the Changing Legal Profession Editor: Melissa DeLacerda pg. 2325 contents Kick it Forward Nov. 1, 2014 • Vol. 85 • No. 29

Departments 2244 From the President 2293 Editorial Calendar 2328 From the Executive Director 2329 Law Practice Tips 2332 OBA Board of Governors Actions 2335 Oklahoma Bar Foundation News 2338 Young Lawyers Division 2340 Calendar 2341 For Your Information 2343 Bench and Bar Briefs 2345 In Memoriam 2348 What’s Online Features 2352 The Back Page 2247 Adapting to Change in Legal Education By Valerie K. Couch, Joseph Harroz Jr. and Janet K. Levit 2257 Updating the Rules to Reflect pg. Changes in Technology 2319 Licensing of By Gina L. Hendryx Lawyers 2261 The Legal Profession of the 21st Century: Can Oklahoma Lawyers Meet the Challenges? By Deirdre O. Dexter Plus 2269 Practicing Law at the Speed of Light By Jim Calloway 2294 Annual Meeting 2275 Cybersecurity: It’s a Moving Target 2319 The Federalization of the Oklahoma By Sharon D. Nelson and John W. Simek Law License By Kimber J. Palmer 2281 Alternative Fees and Technology By Mark A. Robertson 2323 Spotlight Awards Emphasize Work of Women Lawyers 2289 The Impact of Social Media on the Practice of Law 2325 YLD Kick It Forward Program By Alison A. Cave and Renée DeMoss 2327 Committee Sign Up Form

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2243 FROM THE PRESIDENT

Practicing and Transitioning – OBA Lawyers in the 21st Century By Renée DeMoss

There is no denying the rapid pace of change in the prac- Finally, the task force is undertaking tice of law. There is also no denying that many of the new techno- the very important job of researching logical tools of the trade present unique challenges to those lawyers and putting in place programs to iden- who have been practicing for many years. tify and respond to the needs of lawyers with age-related impairments. No fear, however, for the almost 6,000 Oklahoma lawyers who are Currently, most states have only infor- currently over the age of 60 and the 4,000 more baby boomer lawyers, mal identification methods, with law- age 50-59, who are also knocking on that door. The Oklahoma Bar yers sporadically reporting impaired Association has plenty of resources to help our lawyers keep up with lawyers to regulatory authorities or to the times. lawyer assistance programs. One key new resource is the Master Lawyers Section. With the sec- The task force will explore methods tion bylaws finalized, the requisite signatures gathered and the Board to more systematically evaluate law- of Governors approval, the new section will make its debut at the yers with age-related problems. For 2014 Annual Meeting in Tulsa, where the first sec- example, North Carolina tion meeting will be held and officers elected. Any has developed a program Oklahoma lawyer who is in good standing, and is to recruit and train vol- either age 60 or above or has practiced law for at The new Master unteers to recognize and least 30 years, is eligible to join. Lawyers Section intervene when a lawyer The Master Lawyers Section will concentrate on appears to have such lawyers in their “second season of service,” as they will concentrate issues. The OBA’s Law- transition from full-time practice to pursue pro yers Helping Lawyers bono and other service opportunities, through pro- on lawyers in program, with its confi- grams that utilize the knowledge and experience of their “second dential, non-threatening these lawyers. Such sections in jurisdictions like environment and access Florida, New York and New Mexico provide pro- season of to medical and other ex- grams in technology, retirement financial planning, service.” perts, can potentially closing or selling practices and matching senior play a major role. Other lawyers with new lawyers to provide advice on methods employed by matters such as client development. state bar associations include confidential online assessment Further, the Master Lawyers Section will work with the new Tran- forms, 24-hour hotlines and increas- sition Task Force. Led by OBA Vice President ing the ability of lawyers to recog- Susan Shields and OBA Ethics Counsel Travis nize potentially impaired colleagues Pickens, this task force has been working on a through online training videos and Transitioning Guidebook, a succession planning CLEs. manual that will be available on the OBA website by the time of our November Annual Meet- The OBA Transitions Task Force ing. has a very important charge in creating and implementing programs for This book will provide clear and concise the early detection of lawyers dem- guidelines and forms in compliance with Okla- onstrating age-related issues. Not homa law, to help OBA lawyers map out their only will such programs developed retirements and to ensure that all lawyers, par- by the task force help OBA lawyers ticularly those in solo and small firms, have avoid potential ethics violations, plans in place to protect their clients in the event they will provide invaluable assis- of disability or death. This includes designation President DeMoss tance to impaired lawyers, their staff of a “Successor Lawyer” who would be willing practices in Tulsa. and families, and assure that OBA to take over or help close a practice, and the [email protected] senior lawyers can continue to use consideration of new Oklahoma rules or proce- 918-595-4800 and share their valuable wisdom and dures as necessary. legal experience.

2244 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 OFFIC ERS & BOARD OF GOVERNORS Renée DeMoss, President, Tulsa David A. Poarch Jr., President-Elect, Norman Susan S. Shields, Vice-President, Oklahoma City events Calendar James T. Stuart, Immediate Past President, Shawnee Deirdre O’Neil Dexter, Sand Springs NOVEMBER 2014 Robert D. Gifford II, Oklahoma City 4 OBA Government and Administrative Law Practice Section Kimberly Hays, Tulsa meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Douglas L. Jackson, Enid Contact Scott Boughton 405-717-8957 John W. Kinslow, Lawton Rickey J. Knighton, Norman 6 OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; James R. Marshall, Shawnee Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Nancy S. Parrott, Oklahoma City Kim Reber [email protected] Kevin T. Sain, Idabel Bret A. Smith, Muskogee OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; Richard D. Stevens, Norman University of Tulsa College of Law, John Rogers Hall, 3120 E. 4th Pl., Linda S. Thomas, Bartlesville Rm. 206, Tulsa; RSVP to Kim Reber [email protected] Kaleb Hennigh, Enid 7 OBA Alternative Dispute Resolution Section meeting; 12 p.m.; Chairperson, OBA/Young Lawyers Division Oklahoma Bar Center, Oklahoma City with OSU Tulsa, Tulsa; Contact BAR Center Staff Jeffrey Love 405-286-9191 John Morris Williams, Executive Director; 11 OBA Closed – Veteran’s Day observed Gina L. Hendryx, General Counsel; Jim Calloway, Director of Management Assistance Program; 12-14 OBA Annual Meeting; Hyatt Regency, Tulsa; Contact Mark Schneidewent Craig D. Combs, Director of Administration; 800-522-8065 Susan Damron Krug, Director of Educational 18 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Programs; Beverly Petry Lewis, Administrator MCLE Commission; Carol A. Manning, Director Center, Oklahoma City with OSU Tulsa, Tulsa; Contact Judge David Lewis of Communications; Travis Pickens, Ethics Counsel; 405-556-9611 Robbin Watson, Director of Information Technology; OBA Mock Trial Committee meeting; 5:30 p.m.; Oklahoma Bar Center, Jane McConnell, Coordinator Law-related Education; Loraine Dillinder Farabow, Tommy Humphries, Oklahoma City; Contact Judy Spencer 405-755-1066 Debbie Maddox, Katherine Ogden, Steve Sullins, 19 OBA Clients’ Security Fund meeting; 2 p.m.; Oklahoma Bar Center, Assistant General Counsels; Tanner Condley, Oklahoma City with OSU Tulsa Tulsa; Contact Micheal Salem 405-366-1234 Sharon Orth, William Thames and Krystal Willis, Investigators Ruth Bader Ginsburg Inn of Court; 5 p.m.; Oklahoma Bar Center, Manni Arzola, Debbie Brink, Laura Brown, Oklahoma City; Contact Donald Lynn Babb 405-235-1611 Abby Broyles, Emily Buchanan, Susan Carey, 27-28 OBA Closed – Thanksgiving observed Nickie Day, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, Brandon Haynie, Suzi Hen- DECEMBER 2014 drix, Misty Hill, Debra Jenkins, Durrel Lattimore, Heidi McComb, Renee Montgomery, Larry Quinn, 2 OBA Government and Administrative Law Practice Section Lori Rasmussen, Wanda F. Reece, Tracy Sanders, meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Mark Schneidewent, Jan Thompson & Contact Scott Boughton 405-717-8957 Roberta Yarbrough 4 OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; EDITORIAL BOARD Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Editor in Chief, John Morris Williams; News & Kim Reber [email protected] Layout Editor, Carol A. Manning; Editor, Melissa DeLacerda, Stillwater; Associate Editors: OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; Dietmar K. Caudle, Lawton; Emily Duensing, University of Tulsa College of Law, John Rogers Hall, 3120 E. 4th Pl., Tulsa; Erin Means, Moore; Shannon Lee Prescott, Rm. 206, Tulsa; RSVP to Kim Reber [email protected] Okmulgee; Mark Ramsey, Claremore; Judge Megan Simpson, Buffalo; Leslie Taylor, Ada; For more events go to www.okbar.org/calendar Judge Allen J. Welch, Oklahoma City; January Windrix, Poteau The Oklahoma Bar Association’s official website: www.okbar.org NOTICE of change of address (which must be in writing and signed by the OBA member), THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar undeliverable copies, orders for subscriptions Association. All rights reserved. Copyright© 20082014 Oklahoma Bar Association. or ads, news stories, articles and all mail items The design of the scales and the “Oklahoma Bar Association” encircling the should be sent to the Oklahoma Bar Association, scales are trademarks of the Oklahoma Bar Association. Legal articles carried P.O. Box 53036, Oklahoma City, OK 73152-3036. in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. Oklahoma Bar Association 405-416-7000 The Oklahoma Bar Journal (ISSN 0030-1655) is published three times Toll Free 800-522-8065 FAX 405-416-7001 a month in january, February, March, April, May, August, Septem- Continuing Legal Education 405-416-7029 ber, October, November and December and bimonthly in June and Ethics Counsel 405-416-7055 July. byby thethe Oklahoma BBar Association,, 1901 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla- General Counsel 405-416-7007 homa City, OK. POSTMASTER: Send address changes to THE OKLAHOMA Law-related Education 405-416-7005 BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip- Lawyers Helping Lawyers 800-364-7886 tions are $60$55 per year except for law students registered with the Mgmt. Assistance Program 405-416-7008 Oklahoma Bar Association, who may subscribe for $25. Active mem- Mandatory CLE 405-416-7009 ber subscriptions are included as a portion of annual dues. Any OBJ & Communications 405-416-7004 opinion expressed herein is that of the author and not necessar- Board of Bar Examiners 405-416-7075 ily that of the Oklahoma Bar Association, or the Oklahoma Bar Oklahoma Bar Foundation 405-416-7070 Journal Board of Editors.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2245 2246 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Navigating the CHANGING LEGAL PROFESSION

Adapting to Change in Legal Education By Valerie K. Couch, Joseph Harroz Jr. and Janet K. Levit his is an exciting time to be a law school dean. The push and pull of tradition and innovation makes every day a chal- Tlenge as we try to meet our responsibilities to our students and our profession. We are working in a world undergoing expo- nential change every few years due to technology and globalization. And, in this rapidly changing context, we are striving to answer an important practical question: What is the best way to prepare our students for their future employment as a lawyer?

At the same time, we continue to address the you to be a partner in this great and necessary compelling existential question of all times for enterprise, please say yes! all law schools: How can we best help our stu- LESSONS FROM THE LAW SCHOOL dents become lawyers in the great traditions of CRISIS: FOUR WAYS WE CAN DO BETTER our profession, committed to access to justice for all, courageous guardians of the Rule of The recent, record decline in law school Law, knowledgeable about the needs of the applicants nationwide has created an unprece- world, and endowed with the skills of sophis- dented opportunity for law schools to better ticated problem-solvers? prepare students. This article provides a quick look into four ways law schools can improve. We are finding the answers to these questions by building strong partnerships with the Over the last few years, the legal profession communities we serve. It’s a creative work in and legal education have experienced dramatic progress — and well worth the effort. change. After a period of substantial and suc- cessive growth, the number of law school Next time a law school dean asks you to be a applicants nationwide has fallen by nearly 40 “partner” in the education of our future law- percent in the past 48 months. From 2010 to yers, now you will know what the dean is talk- 2014, the number of applicants has declined ing about. We need you as a partner — to pro- from 87,500 to 54,527.1 vide our future lawyers with practical experience, to identify the competencies they need What caused this violent market reaction? for the jobs of the future, to help us measure While the most recent data reveals those with a the effectiveness of our legal education prolaw degree still out-earn those possessing gram, and to usher our students as brothers exclusively an undergraduate degree by two- and sisters into our great profession, dedicated thirds and those with a master’s degree by one- to the values of service and leadership in our third, skyrocketing tuition at many institutions communities. When a law school dean asks and a decrease in the highest paying entry-

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2247 level positions have led some to label law decades ago, students should be reading them schools as a bad investment. Over the past on a digital tablet and discussing them in several years, commentators, academics and “flipped” classrooms where students review journalists have fueled the flames of criticism the lecture material online before class and of the state of legal education with works like spend their in-class time working to deepen Richard Susskind’s The End of Lawyers? and their understanding of the material. These Brian Tamanaha’s Failing Law Schools as lead mechanisms more directly engage the student examples.2 in the learning experience. We should also use technology to bring other perspectives into the The drop in applicants nationwide has been classroom in a dynamic way. Skype and other so sweeping that all law schools have had to digital vehicles facilitate expert commentary assess the impact and take action. Even in the and explanation with an efficiency never before typically insulated academic realm, market possible. As an example, the OU College of forces will have their way and choosing to do Law has a semester-long course where our stu- nothing differently amid this rapid change is dents work with students in law schools in not a viable option. three other countries in a live virtual classroom The good news is that this crisis has created that helps all participants better understand fertile ground for innovation and positive the legal rights of the native peoples of their change. Many law schools are waking up, tak- countries. ing a hard look at what they have been doing It is inescapable that technology is now cen- and why, and embracing the alterations that tral to the practice of law, impacting communi- must be made. The breadth of the change is cations with clients, attorneys and the courts. It vast, including even those aspects of legal edu- has changed every aspect of the practice of law cation that have been in a relatively static state including research, litigation techniques, dis- for almost 100 years — from the structure of the pute resolution, document creation and docu- overall curriculum (fixed first year with an ment management. Law schools should be almost unguided second and third year) to the teaching our students to operate in a digital limited types of classes traditionally offered (lec- environment from the first day of classes. ture using the casebook method and few clinical offerings). PORTFOLIO OF OFFERINGS — SPECIALIZED WORLD Here are four ways that law schools can change for the better. Law schools should provide more focused and specialized curricular offerings to meet the TECHNOLOGY EDUCATION AND demands of a more specialized and competi- INTEGRATION tive world. Traditionally, law schools set in Our students are arriving prepared as “digi- stone the first year curriculum and then tal natives,” and they will graduate into a required only a few courses in the second and world that will assume they learned how to third years. This has led to students selecting leverage those skills as lawyers. We must inte- their second and third year courses without grate technology into all aspects of their educa- much structure or guidance. Today, law schools tion. Law schools must train students to should provide greater direction and focus to research, organize, create and present informa- our students in the development of their edu- tion online from the inception of their educa- cation and career. Our goal must be to create a tion. This is so because for the purposes of legal purposeful second and third year of law school research, paper is soon to be a dead medium for our students to enhance their education — publishers are pricing print out of existence and to provide them with a competitive edge and the search capacity of digital offerings is in the marketplace. unmatched. The efficiencies and opportunity Schools are beginning to offer J.D.-enhancing provided through online applications is quick- certificates that provide a focused framework ly moving from a competitive advantage to a to students in the selection of courses, a better professional necessity. perspective on a concentration of law and a We must use technology to reach students of more compelling personal story to tell prospec- all different learning styles. Digitalization has tive employers. Certificates enhance a stu- made course enhancement easy and afford- dent’s law school experience through a unique able. While we may be assigning cases from blend of substantive legal knowledge, practical

2248 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 application and exposure to the more broadly known in aca- field in a dynamic interdisci- Many law schools demia, provide a modern and plinary learning environment. efficient vehicle for such cours- Law schools are also offering have responded to es. For example, one course at more joint degree programs, the travails of the the OU College of Law takes like the J.D./M.B.A. and J.D./ students through the process of M.P.H., which better prepare current economic acquiring a publicly traded students to work in specialized company. Students receive settings in the business and environment by hands on training in transaction health care industries. Law stu- expanding their skills such as due diligence dents can be the direct benefi- investigation, client memo ciaries of leveraging the exper- degree offerings drafting, negotiation of agree- tise a comprehensive university ments, and the preparation of affords. beyond the SEC disclosure documents traditional J.D. while also learning about cor- Many law schools have porate law, securities law, con- responded to the travails of the tract law, natural resource law current economic environment and employment law in a real by expanding their degree offerings beyond world context. These courses give students the traditional J.D. This approach has hazards insights into the full range of activities related that must be carefully navigated. If managed to a business merger and expose students to poorly, law schools can lose focus and dilute the key legal skills they must develop in the their J.D. degree. If properly managed, law practice area. schools can expand access to legal education, increasing their expertise and enhancing stra- EXPERIENTIAL LEARNING tegic areas that make their J.D. experience Law schools should, and now must, more more valuable. Ultimately, pursuit of short- broadly embrace student opportunities for term economic advantage must be balanced experiential learning. In fact, this summer, the against, and give way to, the impact to the J.D. ABA passed a new standard requiring law program. schools to provide more “experiential” educa- NEW BREED OF COURSES tion opportunities to their students. Schools must now provide six credit hours of experi- We should meet the market demand by offer- ential education to each student in one of the ing new types of courses. For the past 100 following settings: live-client clinics, field years, the delivery of legal education has placements (like externships or internships), remained essentially the same. The Socratic or simulation courses (like client counseling Method using casebooks in a lecture format or negotiations).3 These experiential courses followed by a comprehensive final exam has must integrate doctrine and theory with mul- dominated the curriculum. There have been tiple opportunities for performance of a skill limited opportunities for clinic based, live- and opportunities for self-evaluation. This new client courses. Fueled partly by a growing ABA requirement is a positive step for legal reluctance on the part of law firms to provide education, but law schools should not simply practical, on-the-job training to new hires and settle for the mandatory minimum. A com- partly by the desire to help law students build moditized, one-size-fits all plan is not best for a portfolio of practice-ready skills, law schools individual students. Schools should provide a are beginning to find innovative ways to give broader set of such offerings and integrate our students greater access to a broader range them in a student’s specific academic career of experiences. plan in a way (and in a quantity) that best serves the individual student. While certain “skills” courses, like trial techniques, client counseling, legal research and The dramatic decline in applicants to law legal writing, have been an important part of schools will soon find a leveling point and we most law school curricula for some time, law are already seeing signs today that the most schools are beginning to explore how doctrinal talented students are beginning to apply in courses can be paired with practical elements greater numbers. But it would be a grave mis- to create a wider range of “skills” or “how to” take for law schools to ride out the crisis until courses. Simulations, or “practica” as they are they can go back to business as usual. The

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2249 decline was a reaction to law school business as We have every reason to believe that these usual. The market was sending a clear message trends will continue for our graduates. Only 2 that changes were needed, and in that message percent of law firms are located in rural areas, providing insight into how law schools could but one-fifth of the national population lives in change for the better. Law schools that seize rural communities.7 The demand for small- the opportunity will ensure our graduates of town attorneys is so strong that the Oklahoma tomorrow, and the profession as whole, emerg- Bar Association launched a small-town-prac- es better for it. tice mentoring program earlier this year.8 **** Graduates who engage in rural practice will undoubtedly work in solo or small law firms. You teach yourselves the law, but I train your minds. You come in here with a skull full of Smaller law offices can offer excellent train- mush; you leave thinking like a lawyer.4 ing and fertile ground for mentorship. Yet, these young lawyers inevitably will need to hit In a recent seminar at the TU College of Law, the ground running on day one — they will not bright-eyed, overly-eager 1Ls were shown have the “benefit” of second- and third-chair- some clips from The Paper Chase. In reality, while today’s contracts classes bear some ing trials — they will not necessarily receive resemblance to Kingsfield’s, law schools and work and assignments from partners but will law professors must now teach students a be expected to bring in their own work — and much broader range of skills. If every class they will not get paid unless they send clients mimicked Kingsfield’s, then many of today’s bills or hire someone to send the bills (and per- students would graduate unprepared to suc- haps collect on the bills). If graduates are to be cessfully navigate the legal market that they successful in this environment, law schools not must face. only must train students to “think like a lawyer” but also must help students compile a compre- This moment is both a challenging and hensive toolkit of skills, some quite familiar to exciting time for legal education. The chal- legal educators and some more foreign. lenges are well-documented, impacting law schools throughout the country: a shrinking In 2008, two University of California–Berkeley national pool of law school applicants, tighter professors, Marjorie M. Shultz and Sheldon Ze- university budgets, tepid legal job market, deck, released an empirical study, funded by mounting student-debt loads, stagnant or the Law School Admissions Council, identify- declining salaries, and technological innova- ing those traits or skills that might best predict tion.5 These factors indicate that the current success in law school and law practice inde- downturn may have a structural as well as pendent of performance on the LSAT.9 The cyclical component. Challenges breed opportu- results of this study identified “26 Lawyering nity and positive change, and TU Law, OU Effectiveness Factors” which they in turn Law and OCU Law have embraced this divided into eight umbrella categories. moment to reformulate and refocus curricula for the market our students face rather than the 1) Intellectual and cognitive (analysis and now fictional market that Kingsfield’s students reasoning, creativity/innovation, prob- faced. lem solving, practical judgment); For Oklahoma’s law schools, the urgency to 2) Research and information gathering prepare “practice ready” graduates is real. (researching the law, fact finding, ques- Graduate employment data for Oklahoma law tioning and interviewing); schools reveals: 1) the majority of graduates enter private practice following graduation; 3) Communications (influencing and advo- and 2) of those graduates who enter private cating, writing, speaking, listening); practice, the largest percentage work in firms 4) Planning and organizing (strategic plan- with 2-10 lawyers with an increasing number ning, organizing and managing one’s of graduates entering practice as a solo practi- own work, organizing and managing oth- 6 tioner. We know that new graduates who enter ers (staff/colleagues)); private practice will likely have client interaction and court appearances very soon after 5) Conflict resolution (negotiation skills, being licensed, and many may need to bring in able to see the world though the eyes of their own clients and run their own law office. others);

2250 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 6) Client and business relations — entrepre- which “must be a simulation course, a law neurship (networking and business clinic, or a field placement.”11 development, providing advice & coun- Thus all law schools, including Oklahoma sel and building relationships with cli- law schools, are grappling with ways to accom- ents); modate practical skills training in live-client 7) Working with others (developing rela- environments, supervised by competent attor- tionships within the legal profession, neys interested in a student’s success. Undeni- evaluation, development and mentoring); ably, legal clinics, directed by resident faculty, and are the gold standard for learning to practice law. However, law clinics are costly to develop 8) Character (passion and engagement, dil- and staff as small group instruction is consid- igence, integrity/honesty, stress man- ered the best instructional practice; most U.S. agement, community involvement and law school clinics only accommodate 8-10 stu- service, self-development).10 dents per professor.12 With the fiscal pressures These categories are a solid starting point for on law schools and universities, it is improba- the design of law school curricula and young ble that legal clinics will be the sole, or even the lawyer professional training. primary, vehicle to provide students with the type of practical training that effective lawyer- In TU Law’s “Dean’s Seminar on the Legal ing, and now the ABA, demands. Profession,” these lawyer effectiveness factors are shared with first-year students who are Increasingly, law schools are developing an told if they develop at least competency in all alternative to the clinic experience through of these 26 traits they will succeed in law externships. Externships allow students to school and as lawyers, and, if they constantly receive academic credit for working in a super- reinforce and strengthen these skills, they will vised capacity under a licensed attorney. advance further than they ever imagined. Stu- Through an externship, the supervising attor- dents are asked how they can take advantage ney develops an academic plan for the student- of their time in law school — with a tremen- extern and trains the student through a variety dous array of classes, specialized programs, of hands-on experiences. Obviously, this is no extra-curricular opportunities and services — small service on the part of supervising attor- to develop these skills. neys, as we all know the value of time in the legal profession. However, this model of train- Interestingly, part of the discussion centers ing young attorneys is not a new concept to on taking classes that we associate more with American legal history. It was customary for business schools than law schools — basic man- decades in the United States, and centuries agement, marketing, project management, risk before in England, for lawyers to earn their management, accounting and finance. More and accreditation by apprenticeship under a sea- more, law schools are either offering these class- soned attorney. es — accounting for lawyers, finance for lawyers, law firm management — or partnering So it seems we have come somewhat full with their business schools to facilitate cross- circle in our profession. The valuable skills our listing of courses and joint degree programs. law students need are best learned in live- practice settings, requiring the supervision of a The remainder of class discussion focuses on dedicated and patient supervising attorney. the various ways to “practice” the skill. Tradi- While I see this as a relatively new challenge as tional law classes and law exam writing, legal a law school administrator, as a bar member writing classes, moot court and law journal, all this is an incredibly exciting opportunity. At- provide training in one or more of the “lawyer- torneys are truly in a position to control the ing effectiveness factors.” However, offering future of their profession by ensuring that the students the opportunity to serve and/or rep- next generation of lawyers is as prepared and resent clients directly rises as the premier practice-ready as possible upon graduation. opportunity to develop, hone and integrate the menu of skills that enhance lawyer effective- I encourage each of you who read this article ness. Indeed all law students, beginning in the to contact your closest law school, or your alma fall of 2016, will be required to successfully com- mater, and offer to supervise a law student in plete six hours of experiential learning courses, an externship. Although it will require commit-

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2251 ment of time and energy on your part, you are theory, skills and legal ethics, and it must truly “paying it forward” to your profession. engage students in the performance of professional skills. A qualifying experiential course **** must also provide multiple opportunities for Law schools are changing. Dramatically. And student performance and multiple opportuni- in classic chicken-and-egg fashion, new ABA ties for self-evaluation. accrediting standards for law schools reflect a Most law schools, in varying degrees, have shift toward an era of experimentation and already incorporated experiential learning into innovation as law schools respond to the rap- their curricula, at least in elective components. idly changing realities of the legal market. The new standard now requires that all law stu- RECENT CHANGES IN ACCREDITING dents obtain at least a minimum level of practi- STANDARDS cal real-world experience before they graduate. For decades, accredited law schools fol- COMPETENCY-BASED LEARNING lowed a stable model for traditional legal A related change requires an accredited law education: one year of required doctrinal school to establish “learning outcomes” that courses (torts, contracts, property, criminal must, at a minimum, include competency in law, civil and criminal procedure, constitu- knowledge and understanding of substantive tional law) followed by two years of mostly and procedural law; legal analysis and reason- advanced doctrinal courses (tax, securities, ing; legal research, problem-solving, and writ- corporations, energy law, family law, wills ten and oral communication in the legal con- and trusts, UCC, employment law, etc.), with text; exercise of proper professional and ethical only limited opportunities for practical skills responsibilities to clients and the legal system; development, real client contact, pro bono and “other professional skills needed for com- service or experiential learning built within petent and ethical participation as a member of the curriculum itself. the legal profession.”15 This summer, the ABA House of Delegates The professional skills contemplated by this endorsed a package of reforms that reflects a requirement include competencies such as significant shift in expectations. Outlined here interviewing, counseling, negotiation, fact- are some of the significant changes. And the development and analysis, trial practice, docu- word to hold in mind as you consider the ment drafting, conflict resolution, organization changes is “partnership” — because the and management of legal work, collaboration, dynamic and positive effect of these changes cultural competency and self-evaluation.16 will be to place legal education in strong interdisciplinary partnership with the community The new standard does not direct that a — the legal community, the business commu- school adopt a particular set of professional nity, the non-profit service community and skills or competencies to be achieved through other university communities. its program, but instead leaves that task to each school in accordance with its mission. It would This shift has already begun to shape the be difficult for a school to accomplish this task future of legal education. The recent changes to alone. Bar associations, alumni, practitioners, the ABA accrediting standards simply under- adjunct professors, industry leaders and other score the permanence of that shift and reflect community resources will be crucial to the changes that are well underway at law schools important task of identifying competencies across the nation.13 needed to prepare students for particular EXPERIENTIAL LEARNING aspects of legal practice. Simulation courses REQUIREMENT that track real-world transactions, negotiations, or other client-centered activities will Law students in accredited law schools will create powerful interdisciplinary learning now be required to take one or more experien- environments. Externships will require the tial courses totaling at least six credit hours.14 engagement of knowledgeable supervisory An experiential course can be a simulation partners in agencies, courts, governmental course, a law clinic or a field placement such units and non-profits. Clinics will require the as a supervised externship in a legal environ- input of the community regarding the needs of ment. To qualify for this requirement, the under-served populations and other resources work in the course must integrate doctrine, complimentary to the legal services provided.

2252 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Skilled clinical professors will supervise stu- effective ways to measure how well the students in alliance with other non-profit or gov- dents learn. ernmental providers, and sometimes the clinics DISTANCE LEARNING FLEXIBILITY will be embedded in the community itself. The community will be an important player in the Under the new standards, law schools will day-to-day lives of law students. have greater flexibility to offer distance learning opportunities. A distance education course More and more, law schools will become is defined as “one in which students are sepa- vitally engaged with community partners to rated from the faculty member or each other identify the knowledge and specific profes- for more than one-third of the instruction and sional skills and competencies needed for the the instruction involves the use of technology legal jobs of the future. to support regular and substantive interaction OUTCOMES MEASUREMENT among students and between the students and the faculty member, either synchronously or Law schools will also be required to use asynchronously.”19 Law schools may now per- assessment methods to “measure” learning mit students to take up to 15 credit hours of outcomes. Under a new standard, schools distance courses, an increase from the current have an obligation to use assessment mea- 12 credit hours. Further, the rule prohibiting a sures to provide feedback to students to law student from enrolling in more than four 17 improve student learning. A law school is credits of distance learning at a time has been required to use both formative assessments eliminated.20 (measured at points during a particular course, for instance) and summative assess- This change reflects the growing and persis- ments (measured at the culmination of a tent pressure on law schools to find ways to course, such as final examinations). make law school more affordable. Also, the change permits schools to engage in more This new requirement to “measure learning experimentation to determine the value of dis- outcomes” will require a shift of resources and tance learning for their particular programs emphasis in law school programs. There will be and faculty resources. Technological advances less reliance on the “inputs” of LSAT scores and and more sophisticated distance teaching undergraduate GPAs to measure the quality of a methods make these options more attractive as school’s program and more reliance on multiple schools move toward incorporating some dis- assessments of student outcomes or “outputs.” tance learning into their curriculum. This relax- Tools of assessment may include student perfor- ation of the prior rules will support and encour- mance in capstone courses, student performance age law schools to enter into partnerships and in courses that assess a variety of skills and consortiums with each other — to share their knowledge, surveys of attorneys, judges and faculty resources and avoid duplication of alumni as well as continuing to use bar passage course offerings in highly specialized fields. and employment placement rates to measure the quality and effectiveness of the legal educa- EMPHASIS ON PRO BONO SERVICE tion provided.18 The new standards require accredited law Some law schools may have a steep learning schools to provide “substantial opportunities” curve in developing assessment methods suit- for students to participate in pro bono legal services and law-related public service activi- able for their programs, and the ABA contem- 21 plates a transition period as schools decide ties. Of course, most law schools already pro- how to meet this requirement. Law faculty and vide such opportunities and keep statistics of deans will be required by the ABA standards to the hours of pro bono service provided by their conduct ongoing evaluations of the law school students. It’s impressive how much law stu- program, student learning outcomes and dents at all three of Oklahoma’s law schools contribute to pro bono and public interest assessment methods, and then use that infor- activities. mation to make appropriate changes to improve the program. In other words, law schools The ABA accreditation standards encourage will be required to spell out specifically what law students to perform 50 hours of pro bono they expect students to learn — including the service while they are completing their legal professional skills that can be developed in education. This standard, in addition to empha- experiential settings — and then establish sizing the legal profession’s traditional value of

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2253 pro bono service, also reflects the shift toward the value of real-world experience in becoming About The AuthorS a lawyer. The new standard will push law Valerie Couch has served as schools to institutionalize their commitment to dean of the OCU School of Law both experiential learning and pro bono and since 2012. For 13 years, she public interest service. This aspect of a high served as a federal magistrate judge quality legal education further contributes to in the Western District of Okla- the fertile ground for law school-community homa. Prior to her service on the partnerships. federal bench, she was in private

1. Law School Admissions Council, “End of Year Summary: ABA practice for 16 years. She has Applicants, Applications, Admissions, Enrollment, LSATs, CAS” served as president of the Oklahoma County Bar Asso- (2014), www.lsac.org/members/data/lsac-volume-summary; Law ciation, Federal Bar Association, Oklahoma City Chap- School Admissions Council, “Three-Year Applicant Volume Graphs” (2014), www.lsac.org/lsacresources/data/three-year-volume. ter, and the William J. Holloway Jr. American Inn of 2. Richard E. Susskind, The End of Lawyers? Rethinking the Nature of Court. Legal Services (Oxford University Press, 2010); Brian Z. Tamanaha, Fail- ing Law Schools (2012). 3. American Bar Association, “2014-2015 Standards and Rules of Procedure for Approval of Law Schools” (2014), available at www. Joseph Harroz Jr. has served of americanbar.org/groups/legal_education/resources/standards.html. dean of the OU College of Law 4. The Paper Chase (20th Century Fox 1973). 5. Susskind, Id.; Lincoln Caplan, “An Existential Crisis for Law and director of the OU Law Cen- Schools,” New York Times, July 14, 2012. ter since 2010, having served the 6. ABA Standard 509 Required Disclosures: http://goo.gl/ Ui9lwE; www.law.ou.edu/content/aba-required-disclosures; www. university in various capacities utulsa.edu/law/abarequireddisclosures. since 1994. He is also currently 7. Ethan Bronner, “No Lawyer for Miles, So One Rural State Offers Pay,” New York Times (April 8, 2013). university vice president, and he 8. Julie A. Evans, OBA Law Schools Committee (2014). teaches in the area of employment 9. Marjorie Maguire Shultz and Sheldon Zedeck, Final Report - Iden- tification, Development, and Validation of Predictors for Successful Lawyer- law. He received his J.D. from Georgetown University ing, SSRN-id1353554 (2008). Law Center. While in Washington D.C., he served as 10. Id. at 26-27. legislative director and legal counsel to then-U.S. Sen. 11. Standard 303, ABA Section of Legal Education and Admissions to the Bar, Revised Standards for Approval of Law Schools (August David L. Boren. 2014). 12. David A. Santacroce and Robert R. Kuehn, “Report on the 2007- 2008 Survey,” page 14, Center for the Study of Applied Legal Educa- tion (2008). Janet K. Levit has served as 13. The ABA Section of Legal Education and Admissions to the Bar dean of the TU College of Law is tasked by the U.S. Department of Education with the accreditation since 2007. She frequently writes of law schools in the United States. The section began a comprehensive review of the law school accreditation standards in 2008. The Council and lectures about issues related to of the Section of Legal Education established final revisions to the international finance and interna- proposed standards, subject to approval by the ABA House of Dele- gates. On Aug. 11, 2014, the ABA House of Delegates approved the set tional human rights. She earned of reforms. The revised standards may be found at the ABA website, her J.D. in 1994 from the Yale Law www.americanbar.org, in the Section of Legal Education and Admis- sions to the Bar under News and Announcements. School, M.A. in international 14. See Standard 303(a)(3). relations in 1994 from Yale University and an A.B., 15. See Standard 302(d). magna cum laude, in 1990 from the Woodrow Wilson 16. See Standard 302, Interpretation 302-1. 17. See Standard 314. School of Public and International Affairs at Princeton 18. See Standard 315 and Interpretation 315-1. University. 19. Standard 306(a). 20. See Standard 306(e). 21. See Standard 303(b)(2).

2254 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 “REGINA BUILT A BRIDGE ON HER VERY FIRST DAY.”

Right now in science, Regina’s 6th grade class is designing bridges. She hopes to be the project engineer, and dreams of a career in chemical engineering.

But her favorite bridge was built on her very first day at Holland Hall, two years ago, when she transferred from another school. “I was at my locker and couldn’t do the combination, and a girl named Julie ran up, gave me a hug and showed me how to do – Regina S., the lock – then introduced me to Holland Hall Sixth Grader all her friends. She’s still one of my best friends today. Everybody was really nice and made the adjustment so easy.”

Build a new bridge today. Contact Olivia Martin, Director of Admission, at (918) 481-1111.

www.hollandhall.org

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2255 2256 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Navigating the CHANGING LEGAL PROFESSION

Updating the Rules to Reflect Changes in Technology By Gina L. Hendryx

awyers have an obligation to provide competent and diligent representation to their clients. This means the lawyer must apply the “legal knowledge, skill, thoroughness, and L 1 preparation reasonable necessary for the representation.” Fur- thermore, “a lawyer shall act with reasonable diligence and promptness in representing a client.”2

Lawyers have historically learned that when tions to be presented to the OBA Board of Gov- faced with a novel area of law or a representa- ernors regarding adoption of same. Ultimately, tion involving unfamiliar legal issues, we can any changes to the Oklahoma Rules of Profes- satisfy the competency requirement through sional Conduct (Oklahoma Rules) will be necessary study or by associating with com- determined by the Oklahoma Supreme Court petent counsel. To diligently represent a cli- and codified at 12 O.S. Ch.1, App. 3-A. ent, the lawyer should fulfill obligations to a The ABA amendments begin with Rule 1.0, client within a reasonable time and not neglect Terminology. Section (n) defines the word the matter or the client. A lawyer’s failure to “writing” as it is used in the Model Rules. Writ- meet deadlines is a classic example of a viola- ing has been defined to include email. It was tion of Rule 1.3. determined that the definition of “writing” “Competent” representation has long been should be updated in light of changes in tech- associated with familiarity of substantive law nology. The ABA commission charged with and procedural rules. With the legal field im- studying these rules determined that the cur- plementing more technology resources and rent definition was not sufficiently expansive outsourcing more projects, the “competent” given the wide range of methods that lawyers lawyer’s responsibilities will expand beyond use when memorializing an agreement. There- principles of law and rules of the court. The fore, “email” was replaced with the words American Bar Association has adopted several “electronic communications” to be included in amendments to the Model Rules of Profes- the definition of a “writing.” The Oklahoma sional Conduct (Model Rules) which reflect the committee has recommended adoption of this wide range of technologies used or likely to be change to Rule 1.0(n). used in the near future by lawyers. The OBA’s Lawyers are charged with the responsibility Rules of Professional Conduct Committee has to keep abreast of changes in the law and its studied these changes and made recommenda- practice. The ABA amendments now include

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2257 staying current on the “benefits cover the various kinds of infor- and risk associated with relevant mation that may be inadvertently technology.” The Oklahoma com- Technology divulged. Confidential informa- mittee has recommended adoption has increased tion is stored in emails, on flash of this language to Comment [6] of drives and embedded in electronic Rule 1.1. To maintain competence the risk that documents. The amendment to in the practice, lawyers are encour- confidential Rule 4.4 (b) makes it clear that the aged to engage in continued study rule extends to all documents or and education. Maintaining com- information may electronically stored information. petence may very well require The Oklahoma committee has rec- knowledge of e-discovery, online be inadvertently ommended adoption of the filing, electronic document reten- disclosed. amendments to Rule 4.4. tion policies, etc. If you intend to Recommended changes will be practice in areas where there are vetted by the OBA’s Board of Gov- potential technology issues, you ernors and, if accepted by that must understand some. Failure to board, referred to the Oklahoma do so may be a violation of your duty to com- Supreme Court for consideration. If and when petently represent your client. any amendments are approved by the court, Communicating with your clients has drasti- OBA members will be given notice via tradi- cally changed since the days of rotary dial tional means of delivery, i.e. the Oklahoma Bar telephones and carbon paper copied letters. Journal and through electronic technology. The Rule 1.4 of both the Model Rules and the Okla- OBA recognizes its responsibility to provide homa Rules states that lawyer shall keep the current, up-to-date information to its members client reasonably informed about the status of and embraces technology as one of the many the matter and promptly comply with reason- means of keeping our members current on able requests for information. Comment [4] to changes to rules of practice. this rule states that “[c]lient telephone calls should be promptly returned or acknowl- 1. Oklahoma Rule of Professional Conduct 1.1. 2. Oklahoma Rule of Professional Conduct 1.3. edged.” The ABA commission replaced that admonition with the following language, “A Ms. Hendryx is OBA general counsel. lawyer should promptly respond to or acknowl- edge client communications.” The new lan- About The Author guage more accurately describes a lawyer’s obligations in light of the increasing number of Gina Hendryx is the general ways in which clients use technology to com- counsel for the Oklahoma Bar municate with lawyers. The Oklahoma com- Association. A licensed attor- mittee has recommended adoption of this lan- ney for 30 years, she received guage to Comment [4] of Oklahoma Rule 1.4. her J.D. and B.S. degrees from Technology has increased the risk that confi- OCU. She supervises a staff of dential information may be inadvertently dis- 15 and serves as the association’s closed. Model Rule and Oklahoma Rule 4.4 (b) chief disciplinary counsel. She provide that should a lawyer receive docu- works with the Professional Re- ments that they know or reasonably should sponsibility Commission and serves as a liaison to know were sent inadvertently, they must notify the OBA Board of Governors, OBA committees, the the sender. The ABA commission determined courts, and other local and national entities con- that the word “documents” was insufficient to cerning lawyer ethics issues.

2258 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 OBA Criminal Law Section Luncheon and Annual Meeting Mayo Hotel, 115 West 5th Street, Tulsa, Oklahoma November 12, 2014 • Noon – 1:30 p.m. $20 for CLS members • $35 for non CLS members Including cost of 2015 yearly dues and luncheon

Main speaker: Seattle attorney Carol Hepburn Currently, Ms. Hepburn is one of only a few lawyers who are leading a national effort in the U.S. to recover substantial damages for victims of child pornography. Her client is the subject of one of the most widely distributed series identified to date. Carol was recently featured discussing this case on KING 5 Seattle news: Victim in Child Porn Videos Now Seeking Justice and in the ABA Journal article, “Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?” Also speaking: Danny Oliver State Adjutant of the Disabled American Veterans He will speak about the Battle Buddies program, a national model for providing mentoring assistance to incarcerated veterans who are released from prison.

CAROL HEPBURN Eight pairs of tickets to a NBA OKC Thunder We will be honoring Suzanne McClain Atwood, Executive Coordinator of game will be the DAC and Bob Ravitz, Oklahoma County Chief Public Defender for their efforts in founding and sustaining the Criminal Law Section. Luncheon also given as honors those receiving the Section’s Professional Advocacy Awards. door prizes. Must be present to win! Registration form due Nov. 7 Registration open to all OBA members and guests, whether or not members of the section. PLEASE register on or before November 7, so that adequate luncheon plates are provided.

First name ______Last name ______

Address______

City ______state ______zip______

Email ______Phone ______OBA Number ______Registration (check appropriate box) [ ] $20 for section members and guests of section members [ ] $35 for non-section member of OBA (includes $15 section dues and 2015 enrollment) $______Total Payment (select one): [ ] Check [ ] Cash [ ] Visa [ ] Mastercard

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Signature (required) ______Remit form and payments to Tracy Sanders, membership coordinator • OBA, PO Box 53036, Oklahoma City, OK 73152; or fax to 405-416-7001

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2259 2260 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Navigating the CHANGING LEGAL PROFESSION

The Legal Profession of the 21st Century: Can Oklahoma Lawyers Meet the Challenges? By Deirdre O. Dexter

n the world of law, it certainly can’t be disputed that “the times they are a-changin’.”1 Dramatic changes are occurring Irapidly in the way legal services are provided. Even prior to the economic downturn in 2008, lawyers and law firms were beginning to experience change as corporate clients demanded detailed budgets and information regarding legal services performed and results achieved. The full impact of the downturn is now behind us, but the “more services for less cost” demand remains, and is now an expectation of all clients — whether that client is an individual seeking a divorce, or is a corporation seeking to enforce a multi-million dollar contract. At the same time, many believe our justice provide access to justice to those in need and to system has failed to provide legal services to survive in today’s business climate.2 those in need, and the demand for better access THE ACCESS TO JUSTICE EFFECT to services for that underserved population is receiving increased attention. Earlier this year, the Oklahoma Supreme Court adopted rules creating the Oklahoma This client demand of more for less, and the Access to Justice Commission, which will be well-founded demand for a better way to pro- codified at Part XI of the Oklahoma Supreme vide legal services to low- and middle-income Court Rules.3 In the rules, the court directs the individuals, has had a profound impact on the commission to “develop and implement policy cost and delivery of legal services and has led initiatives designed to expand access to and to the public’s increased reliance on “self help” enhance the quality of justice in civil legal mat- solutions to solve legal issues. It has, in fact, ters for low-income” Oklahomans.4 Although opened the door to new entities like Legal- the court focuses on providing increased civil Zoom, Rocket Lawyer and other online busi- legal services to low income individuals, it can- nesses who profit by claiming to provide more not be denied that the access to justice issue affordable services to potential legal clients. goes well beyond those who fall within this This, in turn, creates major pressure for law- classification. yers to change how we do business — both to

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2261 A recent study funded by the American Bar future crosses the line into the unauthorized Foundation (ABF study) found not only that 80 practice of law. LegalZoom, in fact, has faced percent of those classified as “low income”5 several lawsuits alleging that it has engaged in encountered at least one civil justice situation6 the unauthorized practice of law since it began during 2013, but also that more than 60 percent providing services in 2001. of those considered “middle income”7 and The unauthorized practice of law as it relates “high income”8 encountered a civil justice situ- to LegalZoom is based on how the process ation in 2013.9 The study thus debunks the works. Generally, a customer who wishes to assumption that individuals who fall within use a LegalZoom document selects the type of the middle- and high-income categories recog- document desired, and then answers online nize their legal issues, and have the resources questions posed by the program. Those an- to hire an attorney to represent them. Not sur- swers are put into a “template” used by Legal- prisingly, the ABF study found that the cost of Zoom to create the final document. According legal services was a predominant reason why to LegalZoom, other than inserting the cus- more people do not turn to lawyers for help tomer’s information into the template, the lan- with their legal issues.10 Further, the study guage of the template is static, and does not revealed that across all income levels, nearly 50 change based on the information provided by percent of those responding did not seek legal the customer.14 Likewise, according to Legal- assistance, and even those who did seek assis- Zoom, while an individual does proofread the tance rarely went to attorneys.11 Instead, they template to check for any errors, it is not pro- turned to “self help” methods.12 viding legal advice or services. THE LEGALZOOM EFFECT While LegalZoom and others characterize New online services claim to bridge the gap their services as filling in a “template” and between those who need help preparing cer- analogize them to pre-printed legal forms, tain legal documents, and the high cost of legal questions exist regarding the extent to which services to provide them. Since 2001, Legal- LegalZoom and other online providers bump up Zoom and others have capitalized on the fact against unauthorized practice. For example, that many people are a) willing to engage in more than one online user has submitted a form “self help,” b) do not see document prepara- and received a follow-up call from someone at tion as a “legal” issue and/or c) believe they LegalZoom regarding what action the users cannot afford legal services. should take on the matter going forward.15 As Internet use has grown, the use of such A recent situation in Oklahoma involved a alternative providers has also grown exponen- customer who attempted to use LegalZoom to tially. For example, a simple Internet search for create a limited liability company. After check- “will” pulls up a number of sites which will ing the Oklahoma Secretary of State website to provide customized documents, based on verify that the name chosen for the new entity information input by the individual. This ser- was not in use, the individual used LegalZoom vice is typically much cheaper than hiring a to set up the LLC. A few days later he received lawyer to prepare a will and, depending on the a call from a customer service representative at service, may be free.13 LegalZoom advising that one of the words used in the new entity’s name was already in Assistance provided by these companies use by two other companies registered in Okla- ranges from the incorporation of a business to homa, and suggested that the name could be the creation of a last will and testament. Legal- rejected by the Oklahoma Secretary of State’s Zoom charges a flat rate, based on the services office. This may be legal advice, or it may be selected, and Rocket Lawyer has a seven-day part of the “proofreading” admittedly done by free trial of its subscription services, during LegalZoom. While that is a question reserved which time the documents are free. They cover for the courts, it does raise questions regarding preparation of documents and may include the manner in which LegalZoom, as well as consultation with an attorney. other online document providers, deal with THE UNAUTHORIZED PRACTICE their customers. OF LAW? In fact, LegalZoom has settled a number of An important issue is whether what these the lawsuits filed against it.16 It recently, how- companies do and what they will do in the ever, received a favorable ruling from the

2262 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 South Carolina Supreme Court, to the effect reflected in the document. In the event errors that the manner in which it does business with are found which must be corrected, this can its customers does not constitute the unauthor- also be done for a regular or reduced fee. ized practice of law.17 While the South Carolina A lawyer could also include an intake form ruling gave LegalZoom cause to celebrate, a on his or her website that the client could fill Superior Court judge in North Carolina, less out for a template, much like LegalZoom, but than two weeks after the South Carolina ruling, with the benefit of having a lawyer review the refused to rule on whether Legal Zoom’s activ- document. The lawyer could then determine ities amounted to the unauthorized practice of what additional information is needed in order law, and required the parties to provide it with to protect the client’s interests. a more extensive factual record.18 THE EFFECT ON OKLAHOMA LAWYERS Finally, it is important for lawyers to recognize that changes in how clients are purchasing For now, at least, there has been no final legal services and engaging legal professionals determination that LegalZoom and similar are not limited to the preparation of legal docu- entities have engaged in the unauthorized ments by LegalZoom-type entities. practice of law, which means they can and will Consider the comprehensive list of “New continue to prepare and provide legal docu- Law” tools and sites one legal blogger, Jordan ments to Oklahoma citizens. So what does that Furlong, has recently published.20 Mr. Furlong mean for lawyers in Oklahoma? uses the term “New Law” to First, it may dramatically im- describe “any model, process, or pact lawyers who make a living tool that represents a significantly by preparing wills and trusts, different approach to the creation assisting clients to form limited To remain or provision of legal services than liability companies and prepare competitive, what the legal profession tradi- other corporate documents, and tionally has employed.” Within providing other document-inten- Oklahoma lawyers two overall categories, first, sive legal services that can be must look for new “Applying Technology to the Per- achieved by utilizing the docu- formance of Legal Tasks,” and ment preparation software pro- ways to reach second, “Aligning Human Talent vided by LegalZoom. with Legal Tasks,” Mr. Furlong legal service lists an extensive number of Indeed, competing in this sources, just a few of which are “new” legal market has become consumers… listed in the side bar. increasingly difficult for lawyers practicing law in the traditional To remain competitive, Oklaho- way. Clients are rejecting the con- ma lawyers must look for new cept of hourly billing and de- ways to reach legal service con- manding greater cost savings and efficiency, sumers, and emphasize the value and profes- including the use of technology and alternative sionalism that lawyers bring to this ever more service providers. This “decomposing and crowded legal market. Consumers need to alternative sourcing,” as it is termed by Rich- know that there are many situations where an ard Susskind,19 will require lawyers to deter- online service is not the right tool, and that a mine which tasks in a particular project truly lawyer’s ethics, expertise, professionalism, require the knowledge and expertise of a law- integrity and reliability are necessities. yer, and which tasks can be outsourced to save PROTECTING THE PUBLIC time and expense. Lawyers must create sus- tainable cost advantages through their own use Finding ways to compete is not the only of technology and new processes. issue facing lawyers with respect to new legal service entities. Issues related to lawyer inde- There are several ways to do this. Lawyers, pendence, competence and ethics, all of which for example, can encourage consumers using are designed to protect the public in dealing online document services like LegalZoom to with legal issues, must be considered. It is utilize the lawyer’s services to review the doc- imperative that the public be protected. uments that are created, at a reduced or even free cost, in order to ensure that the client’s Currently, protection comes through lawyer interests and intent are, in fact, protected and self-governance, something that is unavailable

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2263 to those utilizing alternative service provid- APPLYING TECHNOLOGY TO THE ers.21 In fact, the legal profession has often been PERFORMANCE OF LEGAL TASKS criticized when challenging entities such as LegalZoom, because it is perceived that the Tools to Help Lawyers Do Legal Work protection efforts are for the benefit of attor- Differently neys rather than clients.22 Lost in such criticism, • CaseText – “Judicial opinions and however, is the fact that the practice of law is statutes are annotated with analysis by regulated in order to protect the public. prominent law professors and attorneys at With the traditional delivery of legal servic- leading firms, giving you unique insight. es, a lawyer will ultimately be held accountable And everything is 100 percent free.” for the work product that is performed by a www.casetext.com non-lawyer within a law firm, or for work that • ClearAccessIP – “Serving the patent is outsourced: marketplace by lowering transactions “[a] lawyer is duty-bound to supervise the and streamlining data management work done by law personnel and stands at the prosecution level.” ultimately responsible for work done by www.clearaccessip.com the entire non-lawyer staff. The work of Tools to Help Clients Resolve Disputes unlicensed personnel for a lawyer is done Directly by them as agents of the lawyer who employs them. It is the lawyer who must • Fair Outcomes – “Provides parties exercise complete, though indirect, profes- involved in disputes or difficult negotiations sional control over the actions of the with access to newly developed proprietary employees.”23 systems that allow fair and equitable outcomes to be achieved with remarkable Similarly, if a non-lawyer acting on behalf of efficiency.” http://livepage.apple.com a lawyer violates ethical rules governing lawyers, it is the lawyer who is held accountable. • Fixed – “The easiest way to fix a parking ticket.” www.getfixed.me LegalZoom-type providers, however, have no such regulation. In fact, these entities typi- • WeVorce – “Divorce is more than a cally include a disclaimer stating that they are legal problem. … You’ll come out with the not providing legal services, and attempt to necessary legal documents as well limit their liability to the amount received for as a lifetime of tools, knowledge and documents provided. It is easy, however, to agreements as you begin again.” imagine a situation where a consumer has pre- www.wevorce.com pared, for example, a trust instrument using an Tools to Help Clients Conduct Their Own online legal document provider, only to learn Legal Matters that significant tax ramifications or other adverse, unintended consequences have defeat- • A2J Author – “A software tool that ed the very purpose for creating the trust. With- delivers greater access to justice for self- out the potential malpractice liability which represented litigants by enabling non- protects clients when dealing with lawyers, the technical authors from the courts, clerk’s consumer’s recovery will be limited. offices, legal services programs, and website editors to rapidly build and implement Another issue is client confidentiality. While customer friendly web-based interfaces for lawyers are subject to strict rules regarding cli- document assembly.” www.kentlaw.iit.edu/ ent confidentiality,24 alternative service provid- institutes-centers/center-for-access-to-justice- ers are not. The potentially sensitive business and- technology/a2j-author information that a consumer may need to share in order to obtain the desired services may be • Fair Document – “You get all your nec- at risk from the use of online services. The essary estate planning documents complet- hacking and hijacking of information from ed quickly, and our streamlined process of online computer systems seem to be a daily working with an attorney affords peace of occurrence. mind.” www.fairdocument.com/home Potentially more significant is the fact that information provided through an online sys-

2264 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 tem is available to people who are unknown to the consumer. While the odds of one or more • Lexspot – “Our online platform … persons using sensitive information in an makes the convoluted and expensive unauthorized or improper way may be small, immigration process easy and affordable.” the effects of just one violation could be devas- www.bridge.us tating to the consumer, depending on the nature of the information. ALIGNING HUMAN TALENT Another concern related to online legal ser- WITH LEGAL TASKS vice providers involves conflicts of interest. As New-Model Law Firms is the case with confidentiality, lawyers are subject to strict rules governing conflicts of • Justice Café – “We are striving to interest,25 with the corollary duty to exercise bridge the justice gap by dishing up independent professional judgment.26 These affordable legal help in our communities.” issues would not appear to apply to online http://goo.gl/8DF26l document providers. If such providers do per- 27 • VLP Law Group – “We provide sophis- form legal services for consumers, however, ticated legal advice in a wide range of the question arises whether they should also be practice areas, but our overhead is low, bound to follow conflicts of interest rules. our staffing lean, our fees flexible and Similarly, when attorneys are working for value-driven.” www.virtuallawpartners.com companies that are not subject to the ethical rules governing lawyers, there is always a risk Project/Flex/Dispersed Legal that non-lawyers may seek to direct or regulate Talent Providers the attorneys’ professional judgment in viola- • Daily General Counsel – “We come tion of Rule 5.4 of the Rules of Professional to your place of business for a full day 28 Conduct. and help you to solve your most pressing Finally, in addition to regulations regarding legal-related business problems.” conflicts of interest and confidentiality, required http://goo.gl/xkzYYW training of online providers should be consid- • Paragon – “We provide embedded ered to ensure a certain level of competence. attorneys on a project basis to assist ALTERNATIVE BUSINESS STRUCTURES with overflow work, hiring gaps, interim — THE LIBERALIZATION AND backfills and special projects.” GLOBALIZATION EFFECT www.paragonlegal.com A final change concerns the alternative busi- Managed Legal Support Services ness structures law (ABS) which has been adopted in England and Wales.29 The specific • Elevate Legal Services – “A global intent of the ABS law is to permit non-lawyers legal service provider helping law firms to hold joint ownership and management of and corporate legal departments operate entities that may engage solely in legal servic- more effectively.” www.elevateservices.com es, or engage in legal services in combination with other, non-legal services. • LeClair Ryan Legal Solutions – “We provide a wide range of support services The development and use of alternative busi- and incorporate best-in-class technology ness structures represents the liberalization and quality control processes which will and globalization of the legal profession.30 It be uniquely integrated into the law firm’s allows firms to explore new ways to organize litigation and transactional practice areas.” their businesses to allow for external invest- http://goo.gl/YbglBg ment and to be more cost-effective by, for example, permitting different kinds of lawyers • United Lex – “The global leader in and non-lawyers to work together.31 Although legal services outsourcing, provides litiga- the structure created for England and Wales tion, contracts and IP services to corpora- falls under very a detailed law, and is still in its tions and law firms.” www.unitedlex.com infancy, interest in ABS as an alternative to traditional law firms is on the rise.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2265 The potential for globalization of legal ser- the need to provide access to justice for all and vices through use of ABS, and the flexibility it to protect and safeguard the public. Lawyers provides financially and in the ways legal ser- must be more efficient and make greater use of vices are delivered, could create great econom- technology in order to compete in the legal ic challenges for lawyers and great risk for the profession today — for the times they are public. Ontario, the first jurisdiction in North a-changin’. America to regulate non-lawyer providers of 1. Bob Dylan, The Times They Are A-Changin.’ legal services by use of independent parale- 2. Author Richard Susskind has warned that significant change is gals, is currently studying such issues, includ- coming to the legal profession and that one of the drivers of that ing a study of limited non-licensee ownership change is what he calls the “‘more for less’ challenge.” Richard Suss- kind, “Tomorrow’s Lawyers,” 39 ABA Law Practice Magazine 4 (2013). of law firms, and the current rules governing 3. See In re: Establishment of the Oklahoma Access to Justice Commis- legal business structures, such as the ban on fee sion, 2014 OK 16. 32 4. Id. sharing. 5. “Low income” households, for purposes of the study, are those eligible for federal funded civil legal services or households at 125 Although ABS will not make entry into the percent of the poverty level or below. “Accessing Justice in the Con- states so long as the bans on fee sharing and temporary USA: Finding From The Community Needs And Services Study,” Figure 3, Notes, at p. 9, authored by Rebecca L. Sandefur and forming legal partnerships with non-lawyers released by the American Bar Foundation on Aug. 8, 2014. remain in place, some states are taking steps to 6. For purposes of the study, civil justice situations were matters involving one of the following: money, debt, rented and owned hous- liberalize rules, including those prohibiting the ing, insurance, employment, government benefits, children’s educa- unauthorized practice of law. For example, the tion, clinical negligence, personal injury and relationship breakdown and its aftermath. Id. at p. 7. Washington (state) Supreme Court recently 7. “Middle income” households, for purposes of the study, are adopted a court rule authorizing and regulating those between 126 percent of the poverty level and the 80th percentile of the national household income distribution. Id., Figure 3, Notes, at non-lawyers who deliver legal services in a lim- p. 9. 33 ited fashion. The court rule followed a study 8. “High income” households, for purposes of the study, are those commissioned by the court in 2003, which found whose incomes are in the top 20 percent nationally. Id. 9. See “Accessing Justice in the Contemporary USA: Finding From that access to justice was being denied to a sig- The Community Needs And Services Study” supra, Figure 3 at p. 9. nificant portion of the population. Under the 10. See “Accessing Justice in the Contemporary USA: Finding From The Community Needs And Services Study” supra, at p. 16. new Limited License Legal Technician Rule, 11. Id. While a small number of the situations encountered certain individuals are authorized to deliver involved some kind of court involvement, even then only 42 percent of those responding sought advice or assistance from attorneys. Where legal services in a limited scope in specific the situation did not involve the court system, only 5 percent of those Supreme Court-approved practice areas.34 responding sought assistance from an attorney. 12. Id. at pp. 11-12. Irrespective of the forms that changes in the 13. Interestingly, LegalZoom sued its main competitor, Rocket Lawyer, alleging that Rocket Lawyer statements that it provides “free” law may take in the months and years ahead, documents are false. making certain that those who seek to provide 14. LegalZoom, Inc., v. The North Carolina State Bar, Case No. 11 CV 15111, Superior Court Division, North Carolina, Order March 24, 2014. legal assistance to the public are competent, 15. See, e.g., Gene Quinn, “LegalZoom Sued in Class for Unauthor- and can be held accountable to their clients, is ized Law Practice,” IPWatchdog, Inc. (Feb. 9, 2010). 16. For example, lawsuits filed in Washington, California and Mis- crucial. As recognized by the Washington souri have been settled and another lawsuit, filed in Arkansas, has Supreme Court, it is important to set standards been ordered to arbitration. for those who are authorized to represent cli- 17. Medlock v. LegalZoom, Inc., Case No. 2012-208067, Supreme Court, State of South Carolina, Order March 11, 2014. ents in legal matters, even when the represen- 18. LegalZoom, Inc., v. The North Carolina State Bar, Case No. 11 CV tation is limited. It is imperative that lawyers 15111, Superior Court Division, North Carolina, Order March 24, 2014. 19. See “Tomorrow’s Lawyers,” note 12, supra. and non-lawyers alike be accountable to the 20. “An Incomplete Inventory of NewLaw,” by Jordan Furlong, consumer, whose life, well-being and/or http://goo.gl/4QyoIy May 13, 2014. 21. See, e.g., Latson v. Eaton, 1959 OK 124, ¶6, 341 P.2d 247 (the finances may be harmed by the action or inac- practice of law is regulated to protect the public, which might be tion of the provider. In dealing with online injured if unskilled and untrained persons are permitted to practice the duties of the legal profession); accord 2006 OK AG 27, ¶26-27. service providers, this could potentially be 22. Id. accomplished through mandatory insurance 23. Oklahoma Bar Association v. Martin, 2010 OK 66, ¶12, 240 P.3d 690. coverage, invalidation of limitation of liability 24. See Rule 1.6 of the Oklahoma Rules of Professional Conduct. clauses or a combination of the two. 25. See, generally, Rules 1.7 through 1.13 of the Oklahoma Rules of Professional Conduct CONCLUSION 26. See Rule 5.4 of the Oklahoma Rules of Professional Conduct. 27. Rocket Lawyer includes legal services as part of its subscrip- Change is coming, much faster than we may tions plans. LegalZoom has also expanded into the prepaid legal services market, currently providing prepaid legal services plans in 41 realize. Now is the time to embrace that change states. and move from the “traditional” practice of 28. This is not, of course, a situation unique to an online service provider. As is recognized by Rules 1.13 and 1.16 of the Rules of Profes- law into the 21st Century. However, as we do sional Conduct, there is an inherent risk that a non-lawyer may so, it is important that we never lose sight of attempt to direct or control the professional judgment of a lawyer,

2266 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 particularly where the lawyer is representing a corporate or governmental entity or is being paid by someone other than the client. About The Author 29. See Legal Services Act 2007. 30. See, e.g., “Tomorrow’s Lawyers,” note 12, supra. 31. See Legal Services Act 2007. Deirdre Dexter practices in the 32. Jordan Furlong, “ABS in Canada? Closer Than You Might Tulsa metro focusing in arbitra- Think,” The Lawyers Weekly (Oct. 25 and Nov. 1, 2013). 33. Steve Crossland, “Restore Access to Justice Through Limited tion, mediation and employment License Legal Technicians,” 31 GP Solo Magazine 3 (2014). law. She is a member-at-large on 34. Among the stringent requirements adopted by the court, in order to be authorized to practice with as a limited license legal techni- the OBA Board of Governors and cian, an individual must pass an examination; engage in continuing serves on the OBA Awards, Law education; follow the rules of professional conduct; and show proof of Day and Women in Law commit- financial responsibility. Id. tees. She is a past president of the Tulsa County Bar Association, Tulsa County Bar Foundation and is a member of the Creek County Bar Association. She graduated from the OU College of Law with highest honors in 1984.

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Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2267 2268 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Navigating the CHANGING LEGAL PROFESSION

Practicing Law at the Speed of Light By Jim Calloway re-Internet: A lawyer would proofread a letter, sign it, have it stamped and placed in an envelope and mailed. Unless Psomething urgent required a phone call, the lawyer could expect a reply letter in four to seven days.

Today: A lawyer gets to the office a little The changes in the way business operates early, checks his or her email and can have today are a particular challenge for lawyers. three or four testy email exchanges with other We must use information technology tools early-bird lawyers before the rest of the staff because legal work is largely information man- even shows up and the office officially opens. agement. But legal analysis also involves reflec- tion and thoughtful contemplation. It seems That lawyer also had to delete dozens of more and more challenging to find sufficient spam email messages, deal with a few emails quiet time for quiet contemplation. Using from friends and relatives and read (and pre- today’s information technology tools means serve) several other important emails from cli- that you can process and finalize a lot more ents, co-counsel and opposing counsel. All of work each day. But it also means that others those accumulated since the lawyer left the can generate a lot more work for you to process office at 6 p.m. the day before. and respond to each day. But at least that lawyer did not check the The speed of light is a constant. It does not office email from home that night and was change. Likewise it appears very unlikely that spared from the stress caused by reading one client expectations and the speed of business of those emails from opposing counsel then. operations will slow down in the future. We Communication moves quickly today. Maybe must deal with today’s challenges. Our society only data on fiber optic cables technically is certainly not going return to using only approaches moving at the speed of light, but “snail mail” for communication or give up our many days and many tasks feel like they move cell phones. too fast. Expectations of clients and opposing But this environment generates a lot of stress. counsel have changed too. Because you can Most of us feel this, some more acutely than read and respond to email in five minutes, why others. The statistics on lawyers having higher didn’t you? In the days of research in books suicide rates and more stress than the general and manual typewriters, no lawyer would population are well-known. Stress impacts our have waited to begin a brief until the morning health. Trying to process too much information of the day it was due. That temptation is only and complete too many tasks too quickly there because of the availability of today’s invariably leads to mistakes. And, as we all technology tools. know, the legal profession is very unforgiving

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2269 of errors. We do important work, and it needs Schedule uninterrupted periods of time to to be done correctly. work. If a lawyer is not careful, the need for meetings with clients and potential clients, Technology allows us to process a lot more attendance at deposition and court hearings, work more quickly than we could have in the conference calls and other types of meetings past. It is the classic double-edged sword. You will completely fill their weekly calendar. Be can get more work done more quickly, and sure that you allow a few hours each day for a therefore you feel the pressure to get even block of uninterrupted time to work on matters more work done even more quickly. It is easy that require your attention and thought. If you to sometimes feel that things are a little out of allow an assistant to schedule matters for you, control and, for a few unfortunate lawyers, things do spiral out of control. make sure they are cognizant of that need as well. Let’s discuss a few techniques for practicing law at the It is also important to sched- speed of light. ule blocks of time at least monthly to work on internal Rely on your memory as lit- law firm needs like long-term tle as possible. The human planning and technology train- brain is great for creatively ing. We have learned that a solving problems. But that abil- daylong technology training ity can be impaired when you class can be stupefying and try to keep track of too many unpleasant. The attendees will facts and details. receive so much information in There are two general aspects a day that is impossible to retain to this. One area involves the it all. Short training sessions are random facts that we all deal better. Sometimes technology with every day. A judge orders training in the law office may be you to do three things before as simple as setting aside an the end of next week. You need hour to do a few searches online to pick up your cleaning before to determine how to do certain the cleaners close. You can deal tasks. Generally if you ask with this with technology tools Google “how do I do this?” you that capture information so you will not lose it, will receive links to several websites with step- putting deadlines on your calendar and writ- by-step instructions. ing down on a legal pad or digital device the Fight distractions and interruptions. Any- three assignments from the judge. Moleskine time you are interrupted it takes several min- produces a line of small notebooks that can be utes to get back to the same place you were in kept in a pocket or purse to retain information. your work. Working in an office with other Some find that Evernote is a great place to cap- people necessitates some interruptions, but the ture information that does not easily fit into successful lawyer will work hard to minimize your system. Your smartphone, whether it is these. iOS or Android, now has very good speech-to- text dictation tools for short dictation and some Turning off any notification sounds when have purchased apps like Dictate + Connect there are incoming emails is a critical step con- (formerly known as Dictamus) that essentially sidering all of the emails that we receive on a give smartphones all of the features of a tradi- daily basis now. Having an “open door” policy tional handheld recorder for dictation. where staff can approach you at any time with their problems sounds like a positive and The other aspect of not relying on your mem- benevolent concept. But realistically that policy ory involves sequential tasks that are frequent- must be limited. You cannot have a policy that ly done within the law office. As I’ve written says “interrupt me anytime you feel like it.” So about in the Oklahoma Bar Journal many times your open-door policy must be tailored. You previously, good management of these involves can set, for example, Wednesday afternoons as preparing internal checklists and office proce- the time you will be available to staff to deal dures manuals. Attorney process management with their issues. and workflow are areas that can be improved in most law offices.

2270 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 You can also reduce the need to be inter- works for you, so try to have your schedule in rupted during normal business days by peri- daily work reflect that. odically checking in with your staff when you Most lawyers have a powerful internal moti- finish a project and are about to start a new vation to accomplish things and succeed. But one. But be aware that your staff will be more do not beat yourself up over the fact that you effective in completing their assignments if are human. they are not frequently interrupted by you. Take breaks. Even a five-minute walk out- Watch the arbitrary deadlines that you give side can revitalize you for the afternoon’s yourself and your staff. We all want to give tasks. The point of this article is that human good prompt client service. This is greatly beings are not wired to constantly operate at appreciated by our clients and leads to client the speed of light. Recognizing that is a key to referrals and clients returning with new legal your long-term success. work. But, if you’re not careful, you can find yourself stressed by trying to complete a client Complete projects before moving on. It is project by Wednesday when the client would sometimes easy to get a project mostly done have been just as happy to receive the work on and then to move on, leaving a small part left Friday. Before you tell a client an anticipated over to do later. This was not as big a problem, completion date, ask the client about their perhaps, when the pace of law office opera- needs and their schedule. tions was not so demanding. But, whether it is failing to fill out the billing infor- It generates unnecessary stress mation or failing to finalize a to work under pressure or late document, leaving small parts of one night to complete an assign- projects undone is a recipe to cre- ment by the time you told the cli- Your marketing ate a greater problem that will ent you would only to find out plan should not take you more time to resolve and that the client is out of town for a could have even more dire conse- couple of days anyway. only be about quences. Your marketing plan should getting the legal Every lawyer who bills by the not only be about getting the hour is aware of the result when legal work you need to survive, work you need to at the end of a very busy day you but also the legal work you survive, but also realize you haven’t filled out your enjoy. You will not love every cli- timesheets. It is very challenging ent, and a lot of legal work is the legal work to accurately re-create your time necessary drudgery. In today’s at the end of the day and simply economic environment, law firm you enjoy. impossible to re-create and accu- marketing is necessary for suc- rately document how you spent cess. But if you really enjoy a your week at the end of the week. particular aspect of your work, by You don’t need left over bits of all means focus your marketing plan on obtain- projects clouding your focus on accomplishing ing more of that enjoyable work. Both you and your tasks each day. your clients will benefit. Embrace technology. It is true that our tech- Know thyself. The ancient Greek aphorism nology tools and the speed at which they oper- “know thyself” is wise counsel to lawyers ate can create challenges for human beings cop- today even though Plato may not have meant ing sometimes. But technology can also be your it exactly this way. friend and the bottom line is that because of the If you know you are not a morning person or nature of our work lawyers will be using tech- that you have a brief afternoon lull after lunch, nology for their entire careers whether it is word processing or electronic data discovery. try to schedule your day where the most challenging work is done during your peak peri- Take the time to explore what technology ods. Personally I found that the time right after tools will work for you. For me personally, it lunch was a good time for meeting with new was recognizing that I was simply never going potential clients. Maybe setting a specific time to achieve the output by manually typing that each day to return as many phone calls as pos- I would by using speech-recognition tools. sible is the right plan for you. You know what Most of this article was dictated using Dragon

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2271 NaturallySpeaking. It took a while before I mobile devices. I used to learn a lot and build could use speech recognition for writing origi- relationships spending a few relaxing moments nal content just like it took a while before I at courthouse coffee shops. Now it seems most could compose at the keyboard rather than everyone has a smartphone in their hand or using a pen and legal pad. But today speech pressed against their head every spare moment. recognition is an essential part of my work- To use another cliché- no lawyer on his or her flow. deathbed ever regretted that they had not filled Many who said “I only want a cell phone to out more timesheets and billed more hours. make phone calls” now use their phones for Too many lawyers spend too much time away texting, Internet research, finding directions from their family serving their clients. A law- and a variety of other applications. yer serving his or her clients is the highest calling, but that is not all there is to life. Take time to figure out what technology works for you and makes your professional life It is all about balance. About The Author better. Take time to “unplug.” This advice has been Jim Calloway is the director of given so many times that almost feels like a the OBA Management Assis- cliché. But most clichés come into being because tance Program and manages the they are generally true. OBA Solo & Small Firm Con- ference. He served as the chair Time off from work is essential. Time away of the 2005 ABA TECHSHOW from technology is even more essential. Smart- board. His Law Practice Tips phones are incredibly useful and powerful blog and Digital Edge podcast devices. But checking the office email periodi- cover technology and manage- cally when you’re supposed to be off work can ment issues. He speaks frequently on law office be a negative. I’m still “old school” enough management, legal technology, ethics and business that it makes me sad when I see a group of operations. teenagers sitting together all buried in their

NOTICE OF PROPOSED REVISIONS TO LOCAL RULES UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF OKLAHOMA Pursuant to the authority of the United States District Court for the Western District of Oklahoma, as provided in Rule 9029 of the Federal Rules of Bankruptcy Procedure, public notice is given of the proposed revisions to the Local Rules of the United States Bankruptcy Court for the Western District of Oklahoma. A redlined version of the Local Rules reflecting the proposed revisions to the Local Rules may be accessed on the Bankruptcy Court’s website at http://www.okwb.uscourts.gov. Comments to the proposed revisions to the Local Rules may be submitted in writing no later than December 1, 2014, and mailed to the Bankruptcy Court at the following address: U.S. Bankruptcy Court Attn: Cheryl Shook Chambers of The Honorable Sarah A. Hall 215 Dean A. McGee Avenue - Sixth Floor Oklahoma City, Oklahoma 73102 or emailed to: [email protected]. Comments to the proposed revisions to the Local Rules may be set forth in the body of a letter or email or may be included in a separate attached document. Dated: October 16, 2014 The Honorable Sarah Hall Chief Bankruptcy Judge

2272 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Oklahoma Legal Directory “The Blue Book” Official directory of the Oklahoma Bar Association

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Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2273 2274 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Navigating the CHANGING LEGAL PROFESSION

Cybersecurity: It’s a Moving Target By Sharon D. Nelson and John W. Simek f you feel like it’s impossible to keep up with cybersecurity, fear not. You belong to a very large club. This field changes, Inot year by year, not month by month, but day by day. The best advice you can get is to attend at least one information security CLE each year and to keep reading articles like this one! Because this area moves so quickly, we thought we’d highlight recent developments.

THE ABA CYBERSECURITY RESOLUTION cybersecurity program that met national and international standards. The ABA has weighed in on cybersecurity concerns, always a sign that the states may fol- This met with fierce opposition from a num- low. On Aug. 12, 2014, the ABA House of Del- ber of ABA entities, including the Law Practice egates passed, without opposition, a new Division. The resolution was submitted by the cybersecurity resolution, Resolution 109, which ABA Cybersecurity Legal Task Force and the reads as follows: Science & Technology Law Section. RESOLVED, That the American Bar Associa- In answer to the controversy, the language of tion encourages private and public sector orga- the resolution (which stands on its own and is nizations to develop, implement, and maintain not governed by the accompanying report) an appropriate cybersecurity program that was watered down to the tepid version above. complies with applicable ethical and legal obli- At the behest of other entities, language in the gations, and is tailored to the nature and scope report was also changed to make it clear that of the organization, and the data and systems to the resolution was not attempting to make a be protected. change in lawyers’ ethical duties and to add language recognizing that smaller firms could You might be forgiven for thinking as you not be expected to adopt a program that made read the resolution, “Wow, that really says a no sense considering their size and budget whole bunch of nothing.” And you’d be right constraints. — it is really a cautionary resolution intended to raise awareness. Clearly, for small firms, the international and national standards cited in the report appeared There is a back story to the resolution, which fearsome. There are standards for smaller was, in its original format much longer. The firms. The report states: “Small organizations, original resolution appeared to command all including small law firms and solo practitio- law firms, large and small, to come up with a ners, can prioritize key cybersecurity activities and tailor them to address the specific needs

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2275 that have been identified.” For help with this, SECURITY CHECKLIST TIME you might check out “NIST Interagency Report Everyone loves a checklist, right? We know 7621: Small Business Information Security: The 1 the OBA’s own Jim Calloway does. We hope Fundamentals.” Written in 2009, it’s a bit dated, this checklist will get you thinking about things but many fundamentals remain the same. you need to do to prepare. Here are some key Remember that the resolution governs — not security steps to take: the report. So if you hear a vendor quoting • Have a vulnerability assessment performed, from the report to get you to buy something, at least annually don’t think the report operates to set standards you must meet. • Remediate any vulnerabilities discovered THE NIST CYBERSECURITY • Use enterprise-class anti-malware suites, not FRAMEWORK single function products like an antivirus program (we like Kaspersky and Trend Micro.) In February 2014, we had begun moving forward toward securing our data and the physical • Have security policies and plans in place: infrastructure protecting it when the National ➢ Remote access policy Institute of Standards and Technology released Cybersecurity Framework Version 1.0. ➢ Incident response plan The framework provides a structure that ➢ Disaster recovery plan organizations, regulators and customers can ➢ Acceptable Internet and electronic use to create, guide, assess or improve compre- communications policy hensive cybersecurity programs. This came as a result of Executive Order 12636, issued in ➢ Social media policy — More than two- February 2013, which called for “the develop- thirds of small businesses do not have ment of a voluntary, risk-based Cybersecurity such a policy, and yet 18 percent of Framework — a set of existing standards, users have been hit by social media guidelines and practices to help organizations malware according to a 2011 report manage cyber risks. The resulting framework, by the Ponemon Institute. created through public-private collaboration, ➢ Employee termination checklist provides a common language to address and manage cyber risk in a cost-effective way based ➢ Password policy on business needs, without placing additional ➢ Mobile device (includes smartphones) regulatory requirements on businesses.” policy (critical if you allow the use of The framework allows organizations — personal devices) regardless of size, degree of cyber risk or cyber- ➢ Background checks for employees security sophistication — to apply the principles and best practices of risk management to ➢ Employee monitoring policy — It is help- improve the security and resilience of critical ful to have a logon screen that specifical- infrastructure. ly says that there is no right of privacy — that makes it hard for any employee The document is called “Version 1.0” because, to argue that they didn’t know the policy. much like our Constitution, it is supposed to be a “living” document which will be updated to ➢ Guest access policy — Guests are fre- reflect new technology and new threats — and quently allowed on law firm networks, to incorporate “lessons learned.” but they should not be able to reach client data, firm financial information, etc. Here is where you find the magic words of — and they should be given a password the document, “identify, protect, detect, which expires quickly. respond and recover” that should shape any law firm’s cybersecurity program. ➢ Vendor access policy “Identify and protect” was where we started • Make sure critical security patches are in the early days of cybersecurity — and while promptly applied. those words are still important, “detect and respond” have surged forward as a new focus — along with, of course, recovering from secu-

2276 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 rity breaches — no easy task. It is especially tough if you don’t know you’ve been breached • Map your network (you can use a free tool — and the average victim has been breached such as Nmap) to identify devices and appli- for seven months or more before the breach is cations running on the network. Regular discovered! scanning will show you what and who should and shouldn’t be on the network. THE WAY WE WERE: A LOOK BACKWARD Anything that looks suspicious can be investigated. In a more innocent time, we really thought • Depending on the size of your firm, you may we could keep the barbarians outside the walls want to consider an intrusion detection sys- that guard our data. Alas, those days are gone. tem (IDS). Larger firms may want to use a For years, the emphasis was on preventing network behavior analysis tool, which moni- villains — cybercriminals, state-sponsored tors network traffic and detects anomalies, agents, business espionage spies and hackers but this is probably beyond the budget of — out. We went from fairly simple anti-virus small firms. software to sophisticated anti-virus software • Consider using content filtering, which and, finally, to enterprise anti-malware soft- keeps employees from visiting sites (notably ware security suites. pornographic sites) where the evildoers The products got better and better and better. are apt to plant drive-by malware. • Examine the security policies of business partners. • Verify that your firewall is properly …we realized that if the bad configured. guys are smart enough and target • Encrypt sensitive data in transit and in stor- a particular entity, they are going age. This is especially important for mobile devices which are so frequently lost or sto- to successfully scale the walls we len. Make sure they can be remotely wiped and that they will wipe themselves after a built to keep them out. certain number of incorrect passwords are typed in. • Change all default passwords — these are plastered all over the Internet. Sadly, what we learned is that all the would-be • If you have bent to the pleas of employees intruders were not only matching the good to connect their personal devices to your guys step for step, they were outpacing them. network, make sure you have a mobile It took a surprisingly long time for everyone device manager, which can help manage to “get it” — but in the end, we realized that if security. The new trend is to have two the bad guys are smart enough and target a instances (think sandbox) on the phone, particular entity, they are going to successfully one for business and one for personal scale the walls we built to keep them out. And stuff, with the employer tightly managing with that realization, “detect and respond” the business instance of the phone. Since became the new watchwords in cybersecurity. most small law firms are not using mobile device managers, allowing personal devices Mind you, we are still trying to keep the bad on the network is a Faustian bargain with guys out — that is our first line of defense. But a severe security risk. It is very important now that we know that our first line of defense that data be encrypted, that passwords is a Maginot Line2 for sophisticated attackers, be required and that the devices can be we have moved forward in our thinking. remotely wiped. DETECT AND RESPOND FOR LAW FIRMS • Verify that your wireless network is properly “Detect and Respond” means rethinking secured. how you approach the security of your data. continued on next page Now that you know that you can’t keep a

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2277 As for your response to your incident, that • Log remote access and limit access to may vary. After the initial panic, you will want sensitive data. your in-house or outside technology consul- tants (and you are likely to need digital foren- • Make sure you know where all your data is sics technologists, who are more familiar with actually located! data breach investigations) to take a look at the • Make sure you know what experts you situation and see what they can determine. would call in the event of a breach. They can also, once they understand what has happened, figure out how to “plug the hole” • Make sure your devices are physically and otherwise mitigate the breach. Remedia- secured tion of whatever caused the breach is key. • If you are accepting credit cards, make sure Hopefully, you already have an incident you are following the PCI Data Security response policy and plan in place, no matter Standards (DSS) which may be found at how big or small you are. For all but the small- www.pcisecuritystandards.org. est firms, there should also be an incident • Get IT and partners to work together. Firm response team in place to implement the plan. culture is a big problem — it is often true In all probability, you will want to call a law- that a partner can refuse an IT security yer familiar with data breach laws who can recommendation by simply saying “I don’t want to work that way.” advise you on complying with any of the 46 state data breach notification laws. • Have a plan for damage control to the firm’s reputation. And if there is data protected by federal law (such as HIPAA data), you’ll need advice on that front too. determined intruder out, you know you need Finally, one of the first pieces of advice you to detect them once they’ve penetrated your are likely to be given is to call the FBI. While network. So you need technology and software that is anathema to most law firms, it is the that will help you detect that you’ve had what appropriate course of action. Remember that is called, in polite circles, “a cybersecurity the FBI makes no public statements about these event” — translate that to “a breach.” investigations and doesn’t show up in flak jackets or otherwise make a public display of As you can imagine, you want to know of your “cybersecurity event.” these “events” as soon as possible so you can take action. Today, there are technology solu- ENCRYPTION tions that identify “anomalies” in your net- Remember what we said about “the way we work (things that are outside the norm) or that were?” It still makes good sense to do your look for executables that are unknown but are level best to keep the bad guys out and the best behaving like malware or some other form of way to do that is by using encryption. Let us cyberattack. While such solutions may be first and foremost dispel a myth — encryption beyond the need or the budget of solos and is not hard. It is child’s play to put a password very small firms, you don’t have to be very on a Word or PDF document that you want to large to start considering heading down this attach to an email. road — the risks of not doing so are simply too great. All of your laptops should have full disk encryption — laptops are stolen at an alarming Some of these solutions include data loss rate. Your smartphones must have a PIN. prevention (DLP) software and appliances, electronic content management systems Encrypt the phone! This is easier to do than (ECMs) and security event management sys- you think. Enabling a lock code on the iPhone tems (SEMS). When you meet with someone or iPad automatically encrypts the device. To who can explain the various solutions to you, encrypt a BlackBerry device, all you have to do brew a pot of espresso — you’re going to need is enable the “Content Protection.” The last to be highly focused to understand how one several versions of the Android operating sys- solution differs from another — this is really tem have built-in encryption. Just make the cutting edge technology that changes from selection to encrypt the device within the secu- month to month (if not day to day). rity settings. You may need a third-party appli-

2278 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 cation if you are running an older version of the Android OS. About The AuthorS To the best of anyone’s knowledge, even the Sharon D. Nelson is the presi- NSA cannot (yet) break strong encryption. As dent of Sensei Enterprises Inc., a security expert Bruce Schneier says, “Encryp- digital forensics, information secu- tion drives the NSA batty.” That makes encryp- rity and information technology tion a lawyer’s friend! firm in Fairfax, Va. She is a frequent author (11 books published As we wrote this, we learned of another law by the ABA and hundreds of arti- firm that just suffered a data breach because an cles) and speaker on legal technol- (apparently) unencrypted backup disk was ogy, information security and elec- stolen from the locked trunk of an employee’s tronic evidence topics. She was the president of the car. If it had been encrypted, there would have Virginia State Bar from June 2013 — June 2014 and been no danger. But now the firm has suffered currently serves as the president of the Fairfax Law reputational damage, is paying for credit moni- Foundation. toring and the notification of clients who are impacted — not to mention dealing with digital forensics experts and law enforcement. Good John W. Simek is the vice presi- risk management really demands encryption. dent of Sensei Enterprises Inc. He FINAL WORDS has a national reputation as a digital forensics technologist and has You are never safe. Give that idea up — but testified as an expert witness sleep soundly if you have done all that you throughout the United States. He could reasonably do in light of the nature of the holds the prestigious Certified data you hold, the size of your firm and the Information Systems Security Pro- available budget. Don’t let perfection be the fessional (CISSP) and many other enemy of good! certifications. He is a frequent author (10 books pub- 1. http://goo.gl/5Q9Io0 (last accessed Oct. 15, 2014) lished by the ABA and hundreds of articles) and 2. A line of defensive fortifications built before World War II to speaker on legal technology, information security and protect the eastern border of France but easily outflanked by German invaders. Here it refers to a defensive barrier or strategy that inspires electronic evidence topics. a false sense of security. (Source: Merriam Webster Dictionary)

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Alternative Fees and Technology By Mark A. Robertson

o one can ignore the fact that law office technology has greatly changed the practice of law within the last two Ndecades. Computers on lawyers’ desks, automated document drafting procedures, computerized legal research, tablets, smartphones, easy access to the Internet and dozens of other changes have impacted both the way lawyers work and the actual nature of what is considered legal work within substantive areas of the practice of law.

Lawyers have long used checklists, forms, the difference was noted by the partner having brief banks and other methods of reusing work a higher hourly billing rate. But as technologi- product and enhancing and developing im- cal sophistication increases in legal business proved documents. It is probably fair to say at operations, one has to believe that one cannot this point that no law office can reasonably raise the billing rate high enough to cover function without at least using computers for future contingencies. The 10th time a similar word processing functions and reuse of prior type of transaction is done undoubtedly pro- work product. By developing smart systems to duces a better set of documents than the first. expedite document production and retrieval of Can the lawyer raise her rate from $350 per prior work product and forms, lawyers reduce hour to $700 an hour for this transaction if it costs of production. This can yield benefits for takes half the time? the law firm or the client or both. One can easily foresee a future where the law Technology also can be the proverbial two- firm invests a huge amount of time and money edged sword for the hourly-rate lawyer. Tech- into certain processes with the end result that nology can relieve the lawyer from much the actual tasks only take minutes. It is no lon- mundane and repetitive work, shorten the ger science fiction to envision a future where time to complete tasks involving word pro- the lawyer first says to his computer, “Start cessing and provide for a much more error- with corporate form six, insert Mr. Toffler’s free final result. However, for the lawyer who and his business partner’s data into it, incorpo- bills by the hour, the use of technology often rate special tax treatments A and D and show it reduces the time expended on a project which being executed and filed here today instead of often equates to reduced fees. in his home state” and then reaches for the completed corporate documents as they in- In a traditional law firm structure, where the stantly appear. experienced partner might be able to do a certain task in far less time than the new associate,

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2281 There is a very positive side to implementing values that the lawyer provided to the client was law office technology improvements. These the mechanical ability to produce documents. tools can free lawyers and their staff from Not everyone owned or could use a typewriter. many mundane repetitive tasks. Efficiency can This value was often overshadowed in the be increased. Given the complexity of the law minds of both the lawyer and the client by the today and the length of many legal documents, knowledge, education and experience that was having technology to assist with document provided by the lawyer in producing legal docu- preparation and other tasks is an absolute ments. But for many clients, particularly con- necessity. sumer clients, they lacked both the knowledge and the ability to prepare documents. Another positive aspect of technology is the potential superior service that can be rendered Now computers and printers are pervasive. to the client. Not only can digital legal research Many consumers own them, and those who do be done more quickly than the traditional not usually have access, either at a school com- reviewing books in a library, but it can also be puter lab, Internet café or library. Physically done more extensively. A couple of hours of tra- preparing and printing a document presents ditional book research might have resulted in few challenges. There is no mystery. Many reading a dozen recent opinions and a few more have gone to get a bank loan for example and often-cited landmark opinions. A skilled digital watched the bank employee quickly prepare researcher can easily examine many more cases and print the loan documents. Everyone under- and on-line publishing increases the likelihood stands that legal documents are rarely written that more obscure sources of law may now be “from scratch,” but instead are compiled from accessible. A good document assembly system forms and prior work product. Many consum- can reduce drafting errors and result in quicker ers ask “Why pay a lawyer when I can find a and better final documents. form online and fill it out myself?” Many consumers are now answering that question with TECHNOLOGY AND CLIENT VALUE online cloud products like LegalZoom! Sophisticated clients expect their law firms to In fact, people do not appreciate how much have modern office technology. One cannot time attorneys do spend in actually drafting imagine these clients giving their business to a language for unique situations. Lawyers are law firm today without email capability, Inter- trained to identify many potential pitfalls that net access and the ability to deliver, receive and must be avoided. We appreciate the evolving handle digital documents. Staying up with the nature of the law and how court decisions and latest in law office technology costs money. legislative enactments alter our legal strategies Training staff to use the latest technology costs and the language contained in the documents money. Compensating well-trained staff so we prepare. We understand how adding a sin- that they stay with the firm costs money. Add- gle unique aspect to a transaction may create ing and training new staff costs money. Com- the need for different provisions in several of puters, tablets, smartphones, Internet access, the documents drafted. Those who do not reg- web pages, virtual private networks and legal- ularly prepare such documents do not under- specific software all cost money. Paying for stand. Business clients in particular may use necessary technology can be challenging if the many forms generated on a computer for their lawyer only bills by the hour. office paperwork. While these may be gener- Unfortunately, the prevalence of technology ated quickly they usually are essentially the within society also impacts the attitudes of our same transaction being repeated with only the clients. Ideas and attitudes about technology name, address, quantity and price being are pervasive in society. One would have truly changed — they see the paperwork only as a had to live as a hermit over the last several means to an end and, absent trouble, they years to miss all of the media coverage of the attach no value to the document itself. rise of the Internet, the boom and bust of the As noted previously, sophisticated clients dot-com businesses, Microsoft and its legal expect their law firms to have modern office battles, Google and all of the many ways tech- technology. They often have reaped huge ben- nology has impacted our lives. efits themselves from technology upgrades, Let’s discuss how this applies to drafting often directly related to their paperwork pro- fairly routine legal documents, by way of duction and reduction. Consequently, lawyers example. In an earlier age, one of the bundle of are confronted more and more with clients and

2282 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 potential clients who believe that their legal “Incorporation” or “Divorce” — and possibly matter is very routine and involves “just filling subcategory — “Merger/Acquisition: Asset out a form” by the lawyer. Sometimes they Sale,” “Incorporation: Oklahoma” or “Divorce: seek to save money by completing it them- Uncontested w/o Children” — then sorting selves or going online to a commercial website. prior activities and collections to determine In other situations, they discount the value that what the last five or 10 or 100 of those projects the lawyer brings to a transaction and, men- took in time and other resources is relatively tally, the legal fees that should be charged for quick and painless. If the lawyer time for an “just filling in a form.” Oklahoma business incorporation averaged 3.8 In other words, the ease with which docu- hours with an average billing of $1,140 in fees, ments can be physically prepared has caused then perhaps establishing a fixed fee for such many to devalue the expertise, ability and time work at $1250 might make some sense — par- that goes into drafting legal documents. ticularly if the use of technology in developing an incorporation system with a document- These two aspects of technological revolu- assembly program could mean that the lawyer tion present a dilemma for lawyers. As we could reduce his or her average time down to develop more effective methods of harnessing two hours and increase their realization rate technology for speedy document preparation from $300 per hour to $625 per hour! and document assembly, charging an hourly rate for the final steps that generate the docu- Many billing systems allow the lawyer to ment unfairly overlooks the investment the break the billing slips down into specific tasks firm has made in designing its systems and and even integrate the information into task- effectively using its tools. But a switch to based billing and transaction planning. Being charging a fixed fee per document can generate able to quickly identify the cost and time for a reaction if the client believes that this is certain tasks that fall within a transaction or merely an increase in the fees that the lawyer is project will prepare the lawyer to better esti- charging just to fill out a form. mate and budget the costs of large projects. What did the last 15 corporate organizations This stresses the need for good communica- cost, or what was the average time it took to tion between the lawyer and the client about prepare the last 10 shareholder agreements for the varied complexities of a legal matter and clients? Being able to segregate this informa- the value of the lawyer’s advice. If the client tion in prior matters is crucial to proper bud- believes that all he or she has received is a geting for future business and establishing document prepared by using a computer to fill alternative fee arrangements that the clients in the blanks, the lawyer’s service will be seen will accept. as negligible and minimal. SUBSTANTIVE SYSTEMS AND TECHNOLOGY IN FEE SETTING DOCUMENT ASSEMBLY AND BUDGETS Perhaps the greatest current use of technolo- Technology in the form of an electronically gy in alternative fee arrangements for business based billing system is useful for establishing lawyers is in the use of document assembly budgets for projects based on similarity to programs and systems to generate documents prior work. It is through the use of technology in a fraction of the time it used to take lawyers already present within most billing systems to produce them. By developing a substantive that you can go through a task-based analysis system and using document assembly tools — and examine closed files (and accounting and either with stand-alone systems such as Hot- billing records) to create mini-systems and to Docs, TheFormTool and practice-specific pro- estimate or predict fees. grams, internal systems within word processing Nearly all computer-based billing systems on programs such as WordPerfect or Word or with the market today have category and coding tools built into practice management systems options that allow a lawyer to track not only such as TimeMatters, Amicus or ProLaw — law- similar types of cases and transactions in a yers can cut the time it takes to develop initial larger macro context but also specific compo- drafts of documents and thus build a platform nents or tasks within the case or project in a for charging clients for expertise and the docu- micro context. If each case or matter is coded ments provided rather than the time it took to with a category — “Merger/Acquisition,” prepare them.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2283 If a client needs a business incorporated or a umentation, contract work, mergers, acquisi- will, he or she likely does not care how long it tions, dissolutions and other general corporate takes you to prepare the documents, they want work. The firm utilizes a number of substan- to know what the cost will be for the corpora- tive systems for doing this legal work. tion or the plan documents. By developing a We have a fixed-fee corporate representation substantive system using document assembly service where we prepare annual minutes, act as a tool, lawyers can use technology to pro- as a service agent, do a corporate compliance vide better and faster services to the client and check and prepare special meeting minutes for make more money than if they billed the work clients for $200 per year. This is done with a by the hour. substantive system using document assembly By developing a substantive system using to generate the correspondence, reminders, document assembly as a tool, lawyers can use minutes and questionnaires that in most technology to provide better and faster servic- instances requires only 10 to 15 minutes of a es to the client and make more money than if lawyer’s time per company per year. Some they billed the work by the hour. companies may require several hours of lawyer time, but the average, spread out over sev- An organizational system applied to a sub- eral hundred companies, still makes the work stantive area of practice can be an effective tool quite profitable — and yet a in addition to enhancing the bargain for the clients. For an delivery of quality legal servic- additional $300 per year, the es. A substantive legal system is business client has unlimited a documented system for han- phone and email consultations dling transactions, procedures By developing a with our lawyers. The firm is or work flow which has the substantive system able to use this pricing strategy effect of reducing waste, opti- to attract new clients in addition mizing productivity and con- using document to generating significant addi- tributing to greater efficiency in tional work as a result of the the delivery of legal services. A assembly as a tool, audit questionnaires and phone substantive system could still lawyers can use consultations, which often un- be a manual forms system, but cover additional legal needs of in today’s world, a computer- technology to provide the client. Being the service ized document assembly or agent for the company also gen- expert system makes the most better and faster erates potential additional liti- sense. A substantive system en- services to the client gation matters since the law ables you to provide top-quality firm has received the service of legal services promptly, thor- and make more process as service agent. By oughly and consistently. In money than if they using this substantive system to short, the law firm using sub- do corporate work, the firm is stantive systems with document billed the work by able to organize its corporate assembly in their practice can work better while marketing deliver quality legal services for the hour. additional services. a fair value to the client and lawyer while reducing the law- Lawyers can (and should) yer time involved in a transaction and giving identify areas of their individual practices and the lawyer more time to do something else develop substantive systems using document (work, develop clients or relax). assembly to leverage their delivery of legal services with technology. Substantive systems are not only useful for freeing up lawyer time, but the systems can KNOWLEDGE MANAGEMENT TOOLS also be used for marketing legal services. There If document assembly programs and systems are many areas of substantive law practice are the current technology for alternative fee which lend themselves to substantive systems arrangements, then knowledge management being used as an effective marketing tool. One will be the tool of the future. The most valuable example is our firm’s corporate practice. We rep- asset in a law firm is its intellectual capital — resent many small and medium-sized business- not only the knowledge and wisdom of the es. These services include advice on structuring lawyers, but the work product of those lawyers businesses, incorporation or organizational doc-

2284 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 and the ability to reuse and share that work The ideas of knowledge management and product within the firm and with clients. reuse of prior work product have been utilized Knowledge management is about sharing and in law offices before computers existed. Paper reusing knowledge. brief banks and internal form books not only increased efficiency, but also helped provide a Automated substantive systems are a part of superior work product. Technological advanc- knowledge management — the ability to es escalate these ideas. Thousands of briefs in develop and share a system with templates research banks can be effortlessly searched and forms used to develop a final document. using Google-type search technology. Similar Practice and case management systems net- transactions can be replicated to start a new worked in a law office can form a part of knowl- project for a client. Knowledge management edge management. This ranges from something provides the tools to the lawyer to look beyond as simple as a new address inputted once and the billable hour in determining what a fair fee instantly available to the entire office to some- shall be for the services performed. If the cul- thing as complicated as shared transaction docu- ture of the firm is to share research, knowledge, ments on an extranet with client access to secure ideas, data and even anecdotal information electronic conference rooms. Knowledge man- with one another, then technology can capture agement is about technology — but also a lot that knowledge and help the lawyer extract it more. Knowledge management is as much about when required for the next project, case or cli- the culture of the law firm that shares its knowl- ent need. edge with one another as it is the method and tools it uses to accomplish the task. TRANSACTION FEES — SHARING THE COSTS (AND BENEFITS) OF TECHNOLOGY The actual time personally contributed to a task by a lawyer can be almost meaningless in As legal technology tools have increased, so regard to the value of the services. A very nar- has the lawyer’s ability to share the costs of row and specialized medical malpractice case those tools with the clients — particularly if the might require dozens of hours of research, con- tools help reduce the fees that would otherwise sultation with experts and careful drafting just have been charged for the services provided. to prepare interrogatories. When the lawyer More frequently, lawyers are building the cost has tried four or five of these types of cases, of specialized programs into the fees charged preparation of the interrogatories can be based the client for projects that the programs signifi- on prior work product customized with spe- cantly reduce the costs and time it takes to cific facts of each case and might take less than deliver the service. Depending on the nature of an hour or two. Would anyone doubt that, the transaction, the program costs are some- considering the experience of the lawyer, the times a part of a fixed-fee arrangement or may interrogatories in the fifth case were superior be a separate charge in addition to an hourly to those propounded in the first case even rate or other time charge. though they took less time to draft? One common tool in which there is normally Experience improves the lawyer’s work a transaction charge would be for one of the product and abilities. As experience allows electronic research systems (WestLaw, NEXIS/ lawyers to perform tasks more efficiently and LEXIS, etc.) wherein a lawyer may incur a quickly, the traditional response over the last charge for specific research or have a flat four decades has been to raise the hourly bill- monthly cost arrangement and then bills the ing rates. Therefore associates charge one rate, charges as a flat rate or includes the charge into while junior and senior partners charge higher an electronic research hourly rate that might be rates. Yet, as many lawyers have come to real- different from the standard rate as has been ize, experience may not always be rewarded determined by the agreement with the client. with higher rates. If the medical malpractice Another common tool used in securities prac- lawyer mentioned above charged $3,500 for the tices is a licensed document assembly system first interrogatories prepared (10 hours at $350 that generates blue sky forms and certain Secu- per hour), can he or she raise the hourly rate to rities and Exchange Commission filings in $1,750 per hour for the two hours it took to do which the law firm might charge a fixed fee per the interrogatories in the fifth case? Is it ethical filing that covers both the technology licence as to “pad” the time to reflect 10 hours’ work well as paralegal and lawyer time in complet- when it only took two? ing the documents.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2285 Some lawyers may be concerned that expos- sites where multiple law firms, issuers and ing too much of the law office technology to underwriters have access and can create, post the client in this way may affect the client’s and edit documents for the workgroup to use perception of the lawyer’s value. Modern-day before electronically filing them with the SEC. clients will, however, expect that their lawyers CONCLUSION will incorporate technological tools into their practices in the same way that many of these This article is intended to provide the reader clients have been forced to rethink their busi- with some examples and ideas demonstrating ness processes in light of new technological how lawyers can utilize technology to increase capabilities. efficiency with their own resources and can think beyond the billable hour. Use of technol- COLLABORATIVE TECHNOLOGIES ogy can be the great equalizer between large Sharing information with one another and firms and solo and small firms — not only in with clients can be a critical tool for moving the practice environment but also in providing beyond hourly billing as the only measure of creative ways to provide value to their clients value provided by lawyers to their clients. and bill appropriately for that value. Technology can now be used to share informa- More information on alternative fee arrange- tion over the Internet through extranets acces- ment can be found in two books published in sible to the clients, lawyers and other members 2014 by the American Bar Association: Alterna- of a project team. Extranets can provide a cost tive Fees for Business Lawyers and Their Clients by effective and secure Internet-based storage Mark A. Robertson and Alternative Fees for Liti- center which allows documents, email, discus- gators and Their Clients by Patrick Lamb. sion group threads, calendars and other information to be stored in a secure area that can be Note: This article is adapted from a chapter from accessed by those needing to participate. Differ- Alternative Fees for Business Lawyers and Their ent areas of the extranet can have different levels Clients by Mark A. Robertson, a 2014 publication of security and access. Law firms are already of the ABA Law Practice Division, 2014© by the building extranets for their clients as a part of American Bar Association. Re-printed with permis- the normal delivery of legal services. These sion. All rights reserved. This information or any or firms are not only generating revenues from the portion thereof may not be copied or disseminated in use of such technology collaborations but also any form or by any means or stored in an electronic cementing the relationship with the client. The database or retrieval system without the express immediate access to all relevant information that written consent of the American Bar Association. these clients enjoy makes other law firms with- Mr. Robertson’s book is available for purchase at out such tools less attractive. www.shopaba.org. Law firms and individual practitioners are also using the Internet and document assembly About The Author technology combined with expert systems to Mark A. Robertson is a lawyer work with clients in developing standard doc- with the law firm of Robertson uments for routine transactions in which fixed & Williams in Oklahoma City. fees rather than hourly billings are frequently His practice is focused on cor- the norm. An Iowa firm has a website within porate and securities law, and which individuals can enter the information representing businesses and the online for their own simple wills. Another firm families that own them. He has established a loan document system in received his B.A. degree from which the lender and borrower provide the DePauw University and his J.D. information electronically and the documents from the University of Oklahoma College of Law. are generated, reviewed, finalized and emailed He also attended the University of Edinburgh, for closing without a paper draft copy being where he studied international law and Scottish printed — all for a fixed fee. An international culture. financial printer has developed secure web-

2286 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Thursday, Nov. 6

Topic: The Challenges of Coping with the Loss of a Loved One

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

Contact Kim Reber @ 405-840-0231 • [email protected] LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2287 2288 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Navigating the CHANGING LEGAL PROFESSION

The Impact of Social Media on the Practice of Law By Alison A. Cave and Renée DeMoss ocial media continues to take the world by storm as millions of people communicate and network on Facebook, Twitter, SInstagram, LinkedIn, YouTube and individual blogs every day. Its ubiquitous reach now extends to the practice of law, and has led to an explosion of state and federal court opinions involving some aspect of social media.1

Oklahoma lawyers cannot afford to ignore posting on Facebook constituted notice suffi- the impact of social media on their practices. cient to advise a biological father that proceed- Older lawyers who prefer not to engage stand ings had been filed to terminate his parental to lose clients through online marketing and rights.3 Presuming that the opinion survives face sanctions or even malpractice claims by further challenge or revision, if any, the court failing to keep up. Younger lawyers well- has held that under the circumstances of the versed in the ways of online communications case, such notice was insufficient. may be so cocky that they run afoul of ethical Although not in a dating relationship, the issues that can likewise lead to sanctions. parties had engaged in sexual intercourse sev- While this article seeks to bring to the practi- eral times over a period of approximately three tioner’s attention the wave of new legal issues months. They saw each other only once after created by social media, it is only possible to their last sexual encounter, about six weeks scratch the surface. Oklahoma attorneys must later. There was no discussion at that time of educate themselves on the very real benefits, whether the woman was pregnant or could be dangers and obligations social media has intro- pregnant. duced to the practice of law. At some point before the birth, the mother SOCIAL MEDIA AND LITIGATION did send the father a Facebook message inform- ing him of the pregnancy and that the baby The flood of social media platforms has had would be given up for adoption. She did not a particularly strong impact on litigation prac- take any other steps to notify him, although it tice, from jurisdiction to service of process to appeared she could have done so. jury selection to trial preparation to evidentia- ry issues.2 A very recent Oklahoma Supreme The father testified at a hearing to terminate Court case illustrates this impact. his rights that he did not know how old the Facebook message she sent was when he actu- Notice through Social Media ally saw it and read it. He further testified that In a case decided on Oct. 14, 2014, the Okla- he did not know of the child until about a week homa Supreme Court considered whether a

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2289 following the birth, and that he subsequently Missouri Supreme Court Rule 69.025, which visited the child and provided financial support. now requires attorneys to review the Missouri online system regarding prospective jurors The court held that notice through Facebook before a jury is empaneled. alone did not meet constitutional due process requirements, as it did not give the biological Practice Note: Attorneys need to monitor father adequate notice, reasonably calculated jurors’ social media postings after a jury is under the circumstances, to provide him the empaneled to ensure that they do not breach opportunity to advocate his position. Deeming their oaths or instructions by providing details Facebook to be “an unreliable method of com- of the cases they are deciding. Additionally, munication,” the majority noted that the fact attorneys should ask trial judges to give a an individual has a Facebook account does not detailed jury instruction regarding social mean that he or she checks the account regu- media use, and request the instruction be larly, or that the account is configured to pro- given periodically throughout the trial. The vide notification of unread messages. Federal Judicial Committee on Court Admin- istration and Case Management has a model The court found that under the circumstanc- instruction on jury social media use that can es of this case, Facebook notification was a be used as a guide.5 “mere gesture,” not reasonably certain to inform as required by the due process clauses Social Media in Discovery and Evidence of the U.S. and Oklahoma Constitutions. Social media sites can provide a wealth of Social Media and the Jury information about an individual’s conduct, events, whereabouts and other private data. It In the litigation world, social media can be a is exceptionally valuable for locating witnesses boon for lawyers seeking information about the or parties who are dodging service of process. jurors who will decide their clients’ fates. Even a cursory examination of a prospective juror’s The use of material gathered from social public Facebook page or public Twitter feed can media has also become a common practice in expose helpful material which previously was discovery and witness examination, including tough to elicit through voir dire questioning. in Oklahoma courts.6 Witnesses or parties can Attitudes and opinions advocated in social be impeached through their social media post- media can help attorneys make decisions about ings, or on a social media site disclose facts that whom to strike during jury selection, and help completely destroy their testimony, stance or them mold and outline arguments to make to case claims, even if they thought the posted jurors during trial. material was private, so the posting, use and even deletion of social media material must be In fact, the proliferation of social media has carefully considered.7 made its use a virtual requirement for jury and trial preparation. In a recent Missouri medical In a Kansas case decided earlier this year, the malpractice case, a prospective juror was asked defendant was convicted of aggravated battery whether she had ever been a party in a law- and criminal threat.8 His ex-wife testified he suit.4 She did not respond and was seated as a broke into her house and assaulted her, leaving juror. After the jury of which she was a mem- multiple injuries including a broken jaw, bro- ber entered a verdict for defendant, plaintiff’s ken eye socket and broken nose. The state pre- counsel searched the Missouri online court sented at trial, over the defendant’s objection, system and discovered she had been a defen- evidence of entries made on his Facebook page dant in three previous lawsuits. Plaintiff’s describing what he was going to do his ex- request for a new trial was granted, and the wife, which included causing injuries consis- Missouri Supreme Court affirmed on interloc- tent with those she actually suffered. The utory appeal. The court noted that attorneys defendant admitted the Facebook page was have an obligation to perform juror research his, but contended that he did not make the before a jury is seated. It reprimanded the entries. He appealed his conviction on the plaintiff’s counsel for not doing so, but upheld grounds that the trial court improperly admit- the request for a new trial because no authority ted the printout of his Facebook page without existed at the time of trial requiring an attorney proper authentication. The court found that the to perform online research about prospective admission on the Facebook page was sufficient jurors. Shortly after issuing its opinion, how- to authenticate the page, and the evidence on ever, the court incorporated an obligation into the page used to convict him was admissible.9

2290 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Practice Note: According to Rule 8.4 of the als. Attorneys can join “groups” such as law Oklahoma Rules of Professional Conduct, it is school alumni groups to participate in discus- professional misconduct for an attorney to sions on specific legal issues or for referral engage in conduct involving dishonesty, fraud, sources. LinkedIn is also a good site to create deceit or misrepresentation. Even though and post relevant information to contacts, pro- courts are beginning to require attorneys or mote blog posts and provide links to blogs on their agents to review social media sites, an the LinkedIn status update. attorney can potentially violate Rule 8.4 if he YouTube and Blogs goes online and tries to access a person’s information by asking to be that person’s “friend.” YouTube is a website for posting videos. SOCIAL MEDIA MARKETING Attorneys can create videos which attract and educate clients, and showcase areas of practice. Attorney advertising and marketing has also Blogs are essentially legal articles which can gone viral. As with every other product and also be shown on a website to communicate service, consumers seeking lawyers use online information about the areas of practice. Blogs resources at some point in the process. In fact, should be updated frequently. the number of consumers using online resources as their means of finding legal counsel Practice Note: Attorneys should be aware is skyrocketing.10 Oklahoma that any material they post attorneys need to be familiar online is ripe for review by not with the new technology tools only potential clients, but oth- that are the yellow pages of the ers surfing the web. The case of future, and how to use them. Attorneys should Kansas City lawyer Stephen Bough, who is currently being Websites be aware that any considered by the Senate Judi- People now surf the web to material they post ciary Committee for a federal choose all types of profession- online is ripe for judgeship in the Western Dis- als, and websites for law firms trict of Missouri, provides a and attorneys have become a review by not only valuable lesson. Mr. Bough cre- necessity. Further, with more ated a blog and filled it with people relying solely on smart potential clients, posts that were political in phones to surf the web, attor- but others surfing nature. He once responded to a neys must now optimize their comment on his blog by stating, websites to provide for mobile the web. “You and the 3 other folks who searches. Websites are also a read this blog will agree I great resource to post educa- shouldn’t be a judge.” Although tional information to reach the his last posts were in 2009, public. including his ill-advised post that perhaps he shouldn’t be a judge, those Yelp, Facebook and Twitter posts remained online long after, and will likely be discussion material in Mr. Boyle’s Yelp is another website which is frequently 11 viewed by people looking for recommenda- upcoming 2014 confirmation hearing. tions with regard to professionals. Founded in The moral of the story is that before posting 2004, Yelp has approximately 138 million visi- on any site, be sure the information or opinion tors monthly, according to its website. Yelp you are putting online is something you don’t allows businesses to set up free accounts to mind the world seeing. post photos and messages, and consumers can ONLINE MANAGEMENT OF ATTORNEY post reviews about various businesses. Face- REPUTATION book and Twitter are other social media sites where attorneys can set up accounts, post news Through social media, complaints about or education articles and establish a presence attorneys and the quality of their services can online. spread rapidly, and attorneys need to be prepared to react to adverse comments posted by LinkedIn upset clients. If something negative surfaces, it This is a website for professionals, and through must be handled quickly and effectively to it attorneys can connect with other profession- avoid escalation. Online reputation manage-

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2291 ment includes checking all posts concerning an client’s case, if opposing counsel is reading the attorney and law firm. posts as well. How does an attorney or law firm check for Rule 5.5 provides that an attorney shall not bad reviews? Simple searches on Google, Bing practice law in a jurisdiction in which the attor- and Yahoo should reveal comments being ney is not licensed. Also, be aware when posted. Free alerts can be set up on Google and responding to posts in various social media out- Yahoo for notifications when new comments lets that an attorney’s communications can inad- are posted, and Twitter is searchable as well. vertently create an attorney-client relationship. If an attorney gives advice or provides informa- How should a law firm respond to adverse comments? Again, resist the urge to respond tion online which could be construed as legal immediately, and never post information which services, and/or as practicing law in a state in could reveal client confidentiality. Remember which he is not licensed, he opens himself up to also that it is never a good approach to bad claims of unauthorized practice of law. mouth a client. Consider a recent Florida bar Rule 7.1 and Rule 7.2 provide specific require- disciplinary matter.12 An attorney who repre- ments that can pose problems. Lawyers may sented a client in an immigration matter criti- not make false or misleading statements about cized the client in court e-filings and other themselves or their services in advertising, and online sites. Four days before a hearing for the lawyers must provide identifying information, client, the attorney filed a motion to withdraw. including name and address, in posts regard- She stated in the motion filed online that her ing their services. A lawyer who posts on social client’s check to pay for legal services had been media sites about winning a million-dollar ver- returned for insufficient funds, he had been dict, for example, may violate these rules in a properly convicted of grand theft, and he had number of ways, such as failing to provide all robbed people in the Romanian community. the necessary identifying information, or imply- The Florida Supreme Court found that the ing the lawyer was the major player in the law- attorney’s filings violated bar rules on client suit when he only had a small role. Finally, law- confidentiality, and that she had engaged in yers should beware of posting personal testimo- conduct prejudicial to the administration of nials and endorsements which could violate justice. The disparaging remarks were need- rules against improperly holding themselves out less, harmful and could cause the public to lose as specialists in a particular area of law, if they faith in the legal profession. The attorney was are not specialists in that area. suspended from practice for a year. CONCLUSION ETHICAL CONCERNS ON SOCIAL MEDIA USE New legal and ethical issues involving social media are arising every day. Oklahoma attor- Posting information on the Internet, either neys must be diligent in reviewing these issues through Facebook, Twitter or any other social and adapting their practices so they can utilize media, has a number of ethical considerations. social media tools appropriately and ethically. Just a few potential violations include breach of the attorney-client relationship, unauthor- 1. From 2012 to 2013, the number of court opinions involving social ized practice of law, improper advertising and media increased by over 100 percent, including references to Facebook, Twitter, LinkedIn, Google+ and other sites. See John Patzakis & Barry obtaining information through friending some- Murphy, “Social Media Caselaw Update: The Acceleration Continues,” one in a manner which would involve deceit. Next Generation eDiscovery Law & Tech Blog (Oct. 4, 2013 8:42 AM), http://blog.x1discovery.com. In addition to the aforementioned Rule 8.4, the 2. See, e.g., FTC v. Pecon Software Ltd., 2013 WL 5288897, *3 (S.D.N.Y. following Oklahoma Rules of Professional Sept. 18, 2013) (court permitted service of process of complaint and summons by email and Facebook); Rios v. Ferguson, 978 A.2d 592, 601 Conduct should be considered. (Conn. Super. Ct. 2008) (holding that defendant’s “posting of the video [on YouTube] constitutes sufficient ‘minimum contacts’ to justify per- Rule 1.6 provides an attorney shall not reveal sonal jurisdiction over him” even with no allegation that defendant information relating to the representation of a ever stepped foot in the state). 3. In Re Adoption of K.P.M.A., 2014 OK 85, ____P.3d____ (opinion client. An attorney should therefore be mindful issued on Oct. 14, 2014). At the time that this issue of the Oklahoma Bar that simply by posting what he or she is doing Journal went to press, the time to seek rehearing in the case had not for an identified client at any particular point expired and the opinion remained subject to further revision or with- drawal by the Oklahoma Supreme Court. in the day, such as attending a hearing, could 4. Johnson v. McCullough, 306 S.W.3d 551 (Mo. 2010). easily violate this rule. In addition to poten- 5. See “Revised Jury Instructions Hope to deter Juror Use of Social Media During Trial,” United States Courts (Aug. 21, 2012), http:// tially breaching attorney-client confidentiality, news.uscourts.gov/revised-jury-instructions-hope-deter-juror-use- the posting attorney may also be damaging the social-media-during-trial.

2292 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 6. Bosh v. Cherokee County Governmental Building Authority, 2013 WL 6150799, *4 (E.D. Okla., Nov. 22, 2013) (court found information shared About The AuthorS or transmitted through Facebook social media account regarding case allegations to be encompassed within discovery requests and discover- able); Pre-Paid Legal Services, Inc. v. Cahill, 924 F. Supp. 2d 1281, 1291-92 Alison A. Cave of Edmond (E.D. Okla. 2012) (considering Facebook posts as evidence); U.S. v. serves as claims counsel for Okla- Langford, 2013 WL 6055490, *4 (N.D. Okla. Nov. 15, 2013) (considering Facebook posts as evidence). homa Attorneys Mutual Insurance 7. See, eg, Tompkins v. Detroit Metro. Airport, 278 F.R.D. 387, 388 (E.D. Company. Previously, she was a Mich. 2012) (“[M]aterial posted on a ‘private’ Facebook page, that is accessible to a selected group of recipients but not available for view- lawyer in private practice with the ing by the general public, is generally not privileged, nor is it protected firm of Driskill & Jones and has by common law or civil law notions of privacy.”); EEOC v. Storage also served as law clerk and attor- Mgmt., LLC, 270 F.R.D. 430, 434 (S.D. Ind. 2010) (“[A] person’s expectation and intent that her communications be maintained as private is ney for the Oklahoma Court of not a legitimate basis for shielding those [relevant] communications Civil Appeals. She currently co- from discovery.”); Hosch v. BAE Systems Information Solutions, Inc., 2014 WL 1681694, *1-*2 (E.D. Va. 2014) (dismissing plaintiff’s claims with chairs the OBA Women in Law Committee. She is a prejudice in part because plaintiff deleted social media information 1985 graduate of the OU College of Law. from his electronic device); Hawkins v. College of Charleston, 2013 WL 6050324 (D.S.C. Nov. 15, 2013) (imposing spoliation sanctions on a party who deleted Facebook postings). 8. State v. Jones, 318 P.3d 1020 (Kan. 2014)(unpublished). 9. Citing Griffin v. State, 19 A.3d 415 (Md. 2011), the Kansas court OBA President Renée DeMoss recognized three non-exclusive methods attorneys can use for social practices in Tulsa. With the firm media authentication: 1) Presentation of testimony of a witness with knowledge; 2) Results of an examination of the Internet history or hard of GableGotwals, she focuses in drive of the individual who is claimed to have created the social media the areas of insurance law as well material; 3) Presentation of information from an appropriate corporate as state and federal litigation. She employee of the social networking website that would link the profile to the individual. Id. at 427-28. is a past president of the Oklaho- 10. According to a 2014 survey conducted by FindLaw.com, the ma Bar Foundation and has Internet was the leading source for identifying counsel (38 percent, up from 7 percent in 2005). Asking a friend (29 percent) and consulting a chaired the OBA Litigation Sec- local bar association (10 percent) were the next most popular approach- tion. She has served in leadership es. Litigation News, ABA, Summer 2014, Vol. 39, No. 4. 11. Debra Weiss, “Lawyer’s Blog Posts Could be an Issue in Judi- positions in numerous OBA committees and Tulsa civic cial Confirmation Bid,” ABA Journal, July 28, 2014. organizations. She is a 1984 graduate of the OU Col- 12. The Florida Bar v. Knowles, 99 So. 3d 918 (Fla. 2012). lege of Law.

OKLAHOMA BAR JOURNAL EDITORIAL CALENDAR

n February n September 2014 Issues Legal Research Writing Bar Convention n December Editor: Erin L. Means Editor: Carol Manning Ethics & Professional [email protected] n October Responsibility Deadline: Oct. 1, 2014 Family Law Editor: Judge Allen Welch n March Editor: Leslie Taylor [email protected] Municipal Law [email protected] Deadline: Aug. 1, 2014 Editor: Mark Ramsey Deadline: May 1, 2015 [email protected] n November Deadline: Oct. 1, 2014 President’s Topic 2015 Issues n April Editor: Melissa DeLacerda Law Day [email protected] n January Editor: Carol Manning Deadline: Aug. 1, 2015 Meet Your OBA Editor: Carol Manning n May n December Education Law Ethics & Professional Editor: Judge Megan Simpson Responsibility [email protected] Editor: Shannon L. Prescott If you would like Deadline: Jan. 1, 2015 [email protected] to write an article n August Deadline: Aug. 1, 2015 Opening a Law Office on these topics, Editor: Dietmar Caudle contact the editor. [email protected] Deadline: May 1, 2015

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2293 HIGHLIGHTS

PRESIDENT’S BREAKFAST Friday morning will kick off with an Annual Meeting tradition, the President’s Breakfast. This year, a one-hour CLE is included with the cost of breakfast. The programming will feature a panel discussion focusing on changes in the legal profession. Panelists are Annual Meeting Luncheon speaker Richard Susskind, Prof. Connie Smothermon Richard Susskind from OU College of Law and Jody Nathan of Stauffer & Nathan in Tulsa, who has 25 years litigation experience. Jim Calloway of the OBA Manage- ment Assistance Program will serve as moderator. Cost is $25. Participants must be registered for the meeting to take advantage of the free CLE.

ANNUAL LUNCHEON SPEAKER RICHARD SUSSKIND Connie Smothermon Legal futurist and internationally recognized speaker Professor Richard Susskind will deliver the Jody Nathan keynote address during the Annual Luncheon set for Friday, Nov. 14. Mr. Susskind’s topic, “Tomor- row’s Lawyers,” will focus on the different ways the Internet and How technology are changing the future of the legal profession. do I register? Attendees do not have to Register for all events using the register for Annual Meeting Annual Meeting registration form to attend this program. Cost found on page 2316 or online at for the luncheon is $35 www.amokbar.org. Send paper forms with Annual Meeting with payment by mail to OBA Annual registration, $50 for Meeting, PO Box 53036, Oklahoma City, those who do not OK 73152 or fax with credit card infor- wish to register for the full two-day mation to 405-416-7092. Questions? event. Seating is Contact Mark Schneidewent at limited, so be sure 405-416-7026, 800-522-8065 or to register early for [email protected]. this event. Sponsor: OBA Family Law section.

2294 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 AMICUS IUSTITIAE – FRIEND OF JUSTICE AWARD OBA President Renée DeMoss will honor the following members of the Oklahoma House of Representatives with a special commemorative medallion during the House of Delegates at the Annual Meeting. The legislators are being honored for their support of a fair and impartial court system, free from bias, prejudice and partisan politics. Rep. Don Armes, Faxon Rep. Richard Morrissette, Oklahoma City Rep. John R. Bennett, Sallisaw Oklahoma City Rep. Dustin Roberts, Durant Rep. Scott Biggs, Chickasha Rep. Glen Mulready, Tulsa Rep. Wade Rousselot, Wagoner Rep. Gus Blackwell, Laverne Rep. Jadine Nollan, Sand Springs Rep. Seneca Scott, Tulsa Rep. Mike Brown, Tahlequah Rep. Terry O’Donnell, Catoosa Rep. Earl Sears, Bartlesville Rep. Edward Cannaday, Porum Rep. Charles Ortega, Altus Rep. Mike Shelton, Oklahoma City Rep. Bobby Cleveland, Rep. Pat Ownbey, Ardmore Rep. Ben Sherrer, Chouteau Slaughterville Rep. David Perryman, Chickasha Rep. Jerry Shoemake, Morris Rep. Donald Condit, McAlester Rep. Anastasia Pittman, Rep. Todd Thomsen, Ada Rep. Ann Coody, Lawton Oklahoma City Rep. Mike Turner, Edmond Rep. David Dank, Oklahoma City Rep. Eric Proctor, Tulsa Rep. Emily Virgin, Norman Rep. Lee Denney, Cushing Rep. R.C. Pruett, Antlers Rep. Ken Walker, Tulsa Rep. David Derby, Owasso Rep. Marty Quinn, Claremore Rep. Weldon Watson, Tulsa Rep. Joe Dorman, Rush Springs Rep. Brian Renegar, McAlester Rep. Cory T. Williams, Stillwater Rep. Jon Echols, Oklahoma City Rep. Mike Reynolds, Rep. Harold Wright, Weatherford Rep. Dan Fisher, El Reno Rep. Kay Floyd, Oklahoma City Rep. William Fourkiller, Stilwell CLE OPPORTUNITIES Rep. Larry Glenn, Miami Rep. Randy Grau, Edmond Rep. Rebecca Hamilton, Oklahoma City Rep. Tommy Hardin, Madill Rep. Katie Henke, Tulsa Rep. Chuck Hoskin, Vinita Rep. Scott Inman, Oklahoma City Rep. Fred Jordan, Jenks Rep. Charles Joyner, Midwest City If you haven’t obtained all (or any) of your CLE credits yet, you’ve Rep. Dan Kirby, Tulsa come to the right place. As always, you can get all the CLE you Rep. Steve Kouplen, Beggs Rep. James Lockhart, Heavener need for an entire year at Annual Meeting. Rep. Scott Martin, Norman Rep. Steve Martin, Bartlesville Wednesday Rep. Kevin Matthews, Tulsa Pre-Annual Meeting CLE: Tools for Tomorrow’s Lawyers Rep. Charles McCall, Atoka (6 hours MCLE/1 Ethics) Rep. Curtis McDaniel Smithville Rep. Jeannie McDaniel, Tulsa Thursday Rep. Randy McDaniel, Edmond Rep. Skye McNiel, Bristow Tee Hee! A Funny CLE Rep. Jerry McPeak, Warner Morning Session: Rep. Lewis Moore, Arcadia The Ethys Awards Lawyer Jokes are No Laughing Matter Afternoon Session: Fantasy Supreme Court League: 2014 Edition Lies, Damn Lies and Legal Marketing: The Ethics of Legal Marketing (All day – 6 hours MCLE/3 Ethics; Morning only – 3 hours MCLE/ 2 Ethics; Afternoon only – 3 hours MCLE/1 Ethics) OBA Trial College (6 hours MCLE/1 Ethics) Friday President’s Breakfast: Tomorrow’s Lawyers panel discussion (1 hour) Many OBA sections will also be offering CLE in conjunction with the Annual Meeting. See the program on page 2296 for CLE times. Register now at www.amokbar.org/cle/.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2295 PROGRAM OF EVENTS

All events will be held at the Hyatt Regency Hotel unless otherwise specified. Submit meeting room and hospitality suite requests to Craig Combs at [email protected].

Wednesday, November 12 Oklahoma Bar Foundation Fellows Reception...... 5:30 – 7 p.m. OBA Family Law Section...... 8 a.m. – 5 p.m. Suite 1506 Oklahoma Jazz Hall of Fame 111 East First St. Oklahoma Fellows of the American Bar Foundation...... 6:30 – 9 p.m. Annual Insurance, Tort & Summit Club Workers Compensation 15 West Sixth St., 30th Floor Update...... 8:30 a.m. - 4 p.m. Promenade A (Program offered by the Thursday, November 13 Oklahoma Association for Justice) Oklahoma Fellows of the American Bar Foundation...... 7:30 – 9 a.m. OBA/CLE Seminar: Tools for Diplomat Room Tomorrow’s Lawyers...... 9 a.m. - 2:50 p.m. Promenade C Lawyers Helping Lawyers Committee...... 8 – 9 a.m. OBA Registration...... Noon - 7 p.m. Directors Row 5 Promenade Foyer

OBA Criminal Law Section Oklahoma Fellows of the Luncheon and Annual American Trial Lawyers Meeting...... Noon – 1:30 p.m. Association...... 8 – 9 a.m. Mayo Hotel Executive Room

OBA Board of Governors OBA Hospitality...... 8 a.m. – 5 p.m. Meeting...... 4 - 5:30 p.m. Lobby Lounge Executive Room OBA Registration...... 8 a.m. – 6 p.m. OBA Law Office Management Promenade Foyer and Technology Section...... 4:30 – 6 p.m. Promenade B Oklahoma Board of OBA Energy and Natural Bar Examiners...... 8:30 a.m. – Noon Resources Law Section...... 5 – 5:45 p.m. Directors Row 4 Promenade D OBA Credentials Committee...... 9 – 9:30 a.m. Directors Row 1

2296 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 OBA/CLE Seminar: Outstanding Senior Law Student Award Sean Carter – Elizabeth T. Isaacs Tee Hee! a Funny CLE...... 9 a.m. – 4:40 p.m. Promenade C OCU School of Law Alumni Luncheon...... Noon – 1:30 p.m. OBA/CLE Seminar: Oklahoma Room Trial College...... 9 a.m. – 4:40 p.m. SPONSOR: OBA Litigation Section Speaker: Promenade D

OBA Juvenile Law Section ..... 9:30 – 11:30 a.m. Valerie K. Couch Promenade A Dean of the Oklahoma City OBA Rules and Bylaws University Committee...... 10 – 10:30 a.m. School of Law Directors Row 1

OBA Section Leadership Council...... 10 – 11:30 a.m. Outstanding Senior Law Student Award Directors Row 3 Riane Fern

OBA Litigation Section...... 10 - 11:45 a.m. Diplomat Room TU College of Law Alumni Luncheon...... Noon – 1:30 p.m. Tulsa Ballroom North OBA Indian Law Section...... 10 a.m. - Noon Speaker: Promenade B

OBA Appellate Practice Janet K. Levit Law Section...... 10 a.m. – Noon Dean and Directors Row 2 Dean John Rogers Endowed Chair OBA Labor and Employment University of Tulsa Law Section...... 10 a.m. – Noon College of Law Tulsa Ballroom Central

OBA Resolutions Committee...... 10:45 – 11:45 a.m. TOPIC: The Future of Legal Education Directors Row 1 Outstanding Senior Law Student Award Barrett Powers OU College of Law Alumni Luncheon...... Noon – 1:30 p.m. Tulsa Ballroom South MCLE Commission...... 2 – 3 p.m. Speaker: Directors Row 4

OBA Law Schools Committee...... 2 – 3 p.m. Directors Row 3 Joseph Harroz Jr. Dean of the OBA Board of Editors...... 2 – 3:30 p.m. College of Law Directors Row 1 University of Oklahoma College of Law Oklahoma Bar Foundation Executive Committee Meeting.... 2 – 3:30 p.m. Executive Room

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2297 OBA Bankruptcy and OBA Health Law Section...... 2 – 5 p.m. Reorganization Law Section...... 2 – 4 p.m. Diplomat Room Tulsa Ballroom Central OBA Estate Planning, Probate Oklahoma Criminal Defense and Trust Section/OBA Taxation Lawyers Association...... 2 – 4:30 p.m. Law Section Joint Meeting...... 2 – 6 p.m. Promenade A Promenade B Speaker: OBA Master Lawyers Section...... 3 – 4:30 p.m. Oklahoma Ballroom North

OBA Real Property Law Section ...... 3 – 5 p.m. Ziva Branstetter Tulsa Ballroom South Reporter Speaker: Tulsa World

Vice Chief Justice OBA Juvenile Law Section John F. Reif Child Advocacy Training...... 2 – 4:30 p.m. Oklahoma Directors Row 2 Supreme Court

Judicial Education...... 2 – 4:30 p.m. Directors Row 5 Speakers: Oklahoma Bar Foundation Trustee Meeting...... 3:30 – 5:30 p.m. Executive Room

Justice James Winchester County Bar Association Oklahoma Presidents Meeting...... 4 – 4:30 p.m. Supreme Court Directors Row 4

OBA Business and Corporate Law Section...... 4 – 5:30 p.m. TOPIC: Judicial Decision Making Directors Row 3 Speaker:

Judge Michael Peck Steven Kessinger Attorney Ada Flatonia, Texas

TOPIC: Cyberspace and Protecting Client Data TOPIC: Non-consensual Blood Draws

2298 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 OBA Young Lawyers Division Panelists: Annual Meeting...... 4 – 5:30 p.m. Oklahoma Room South

3-Part Celebration: Richard Susskind The Drinks, The Dinner, Legal Futurist The Dance...... 5:30 – 11:30 p.m. University of Strathclyde Tulsa Ballroom Law School Glasgow, Scotland (Free with meeting registration) PART 1 SPONSOR: OBA Sections Featuring:

Tom Nix Connie Smothermon Pianist Professor of Law OU College of Law

Past Presidents Dinner...... 7 – 8:30 p.m. Jody Nathan Summit Club Stauffer & Nathan 15 W. 6th St., 30th Floor Tulsa

Friday, November 14

OBA Hospitality...... 8 a.m. – Noon Lobby Lounge OBA General Assembly ...... 10 – 11 a.m. OBA Registration...... 8 a.m. – 12:15 p.m. Promenade D Promenade Foyer Outstanding County Bar Association Award Noble County Bar Association President’s Breakfast...... 8:30 – 9:50 a.m. Promenade A Hicks Epton Law Day Award ($25 with Annual Meeting registration; Pittsburg County Bar Association includes 1 hour MCLE) Earl Sneed Award Panel Discussion Michael Ashworth, Tulsa David McKenzie, Oklahoma City TOPIC: Changes in the Legal Profession Golden Gavel Award Moderator: Jim Calloway, Director, OBA Family Law Section, OBA Management Assistance Program M. Shane Henry, Tulsa, Chairperson Outstanding Young Lawyer Award Joe Vorndran, Shawnee Outstanding Service to the Public Award The Goldman Law Office, Oklahoma City Award for Outstanding Pro Bono Service James Bender, Tulsa Malcolm Savage, Oklahoma City

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2299 Trailblazer Award Tellers Committee...... 11:30 – Noon Melvin Combs, Jr., Oklahoma City Directors Row 1 Golden Quill Award Elliott Crawford, Oklahoma City OBA Annual Luncheon...... 12:15 – 2 p.m. David McKenzie, Oklahoma City Promenade A & B Donelle Ratheal, Oklahoma City ($35 with meeting registration; $50 without registration) General Assembly Speakers: Featuring:

Vice Chief Justice John F. Reif Oklahoma Richard Susskind Supreme Court Professor University of Strathclyde Law School Glasgow, Scotland

Vice Presiding Judge TOPIC: Tomorrow’s Lawyers C. Clancy Smith Oklahoma Court SPONSOR: OBA Family Law Section of Criminal Appeals Award of Judicial Excellence Judge Thomas S. Landrith, Ada

Joe Stamper Distinguished Service Award Renée DeMoss Gary C. Clark, Stillwater President Oklahoma Alma Wilson Award Bar Association Don Smitherman, Oklahoma City

Neil E. Bogan Professionalism Award Perry Hudson, Oklahoma City

OBA House of Delegates ...... 11 a.m. – Noon John E. Shipp Award for Ethics Promenade D Dietmar Caudle, Lawton Election of Officers and Members of the Board of Governors Fern Holland Courageous Lawyer Award Approval of Title Examinations Standards Don G. Holladay, Oklahoma City Report of the Resolutions Committee James E. Warner III, Oklahoma City President’s Awards Presiding: To be announced

Richard Susskind Book Signing...... 2 – 2:30 p.m. David A. Poarch Executive Room President-Elect Oklahoma Bar Association

2300 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 2014 OBA AWARDS OBA Awards: Law School Individuals for Whom Awards are Named NEIL E. BOGAN — Neil Bogan, an attorney from Tulsa, Luncheons died unexpectedly on May 5, 1990 while serving his term as Wednesday, Nov. 13 president of the Oklahoma Bar Association. Mr. Bogan was known for his professional, courteous treatment of everyone These awards will be presented at the luncheons. he came into contact with and was also considered to uphold high standards of honesty and integrity in the legal profession. The OBA’s Professionalism Award is named for him as a per- OUTSTANDING SENIOR LAW manent reminder of the example he set. SCHOOL STUDENT AWARD HICKS EPTON — While working as a country lawyer in Riane Fern, Oklahoma City University Wewoka, attorney Hicks Epton decided that lawyers should go School of Law out and educate the public about the law in general, and the rights and liberties provided under the law to American citi- Riane Fern is a member of zens. Through the efforts of Mr. Epton, who served as OBA the Oklahoma City University president in 1953, and other bar members, the roots of Law Law Review and received Day were established. In 1961 the first of May became an the law review’s 2013-2014 annual special day of celebration nationwide designated by a Award for Excellence in joint resolution of Congress. The OBA’s Law Day Award rec- Technical Editing. During law ognizing outstanding Law Day activities is named in his honor. school, she has acted as a criminal law academic fel- FERN HOLLAND — Fern Holland’s life was cut tragically short after just 33 years, but this young Tulsa attorney made an low and research assistant impact that will be remembered for years to come. Ms. Hol- for Professor Arthur G. LeFran- land left private law practice to work as a human rights activ- cois. She also served as a ist and to help bring democracy to Iraq. In 2004 she was student ambassador in the working closely with Iraqi women on women’s issues when her law school’s Certificate in American Law pro- vehicle was ambushed by Iraqi gunmen, and she was killed. gram for visiting Chinese students. The Courageous Lawyer Award is named as a tribute to her. She has received 12 CALI Excellence for the MAURICE MERRILL — Dr. Maurice Merrill served as a Future Awards for the highest grade in various professor at the University of Oklahoma College of Law from courses. She is a member of Phi Delta Phi and the 1936 until his retirement in 1968. He was held in high regard William J. Holloway American Inn of Court. She is by his colleagues, his former students and the bar for his a member of the Choctaw Nation of Oklahoma nationally distinguished work as a writer, scholar and teacher. and is a scholarship recipient pursuant to the Many words have been used to describe Dr. Merrill over the years, including brilliant, wise, talented and dedicated. Named tribe’s higher education program. After gradua- in his honor is the Golden Quill Award that is given to the tion, she will begin her legal career at McAfee & author of the best written article published in the Oklahoma Taft PC, where she was a summer associate for Bar Journal. The recipient is selected by the OBA Board of the summers of 2013 and 2014. Editors. Born and raised in Oklahoma City, she graduated summa cum laude from the University of (cont’d on page 2308) Oklahoma, receiving a Bachelor of Arts degree in

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2301 letters and minors in history and Spanish. As a mathematics and received a National Merit result of a lifelong passion for dance, including Scholarship. many years of training in ballet, jazz and tap, she Before entering law school, she worked for six was a professional cheerleader for the Oklaho- years in insurance claim adjustment and com- ma City Thunder for four years while pursuing her mercial underwriting. She now lives in Bethany undergraduate degree and was selected by the organization to travel internationally to England, with her husband, William Isaacs. In her free time, Taiwan and China for NBA-partnered promo- she enjoys playing piano and violin, and brewing tional tours. beer. After she graduates, she will serve as a judicial clerk to Judge Joe Heaton of the U.S. District OUTSTANDING SENIOR LAW Court for the Western District of Oklahoma. SCHOOL STUDENT AWARD OUTSTANDING SENIOR LAW Elisabeth T. Isaacs, University of Oklahoma SCHOOL STUDENT AWARD College of Law Barrett Powers, University of Tulsa Elizabeth Tu Isaacs is a College of Law third-year student at the University of Oklahoma Col- Barrett L. Powers serves as lege of Law. As a note and an articles and research comment editor for the Okl- editor for the Tulsa Law ahoma Law Review, she Review and as a senior di- mentors second-year stu- rector on the Board of Advo- dents with the hope they cates, the organization re- will benefit from the relation- sponsible for TU’s moot court ship as much as she did in and trial teams. His parti- her second year. Her com- cipation in moot court in- ment, “Exposure Without Re- cludes winning both the 1L dress: A Proposed Remedial Tool for the Data and Family Law Negotiation Breach Victims Who Were Set Aside,” is slated for competitions, as well as com- publication in the Winter 2014 edition of the peting on the American Association for Justice Oklahoma Law Review. trial team. He has earned CALI Excellence for the Future Awards for the highest grades in con- She served as 2014 auction chair for OU’s tracts, constitutional law I and professional Organization for the Advancement of Women in responsibility for which he also received the Phil- Law (OAWL). This is a student-organized fund- lips Allen Porta Memorial Legal Ethics Award. raiser to benefit the Norman Women’s Resource Center. She has also volunteered to assist peti- During law school, he worked as a summer tioners seeking victim protective orders and clerk at Atkinson, Haskins, Nellis, Brittingham, served on the Dean’s Council mentoring incom- Gladd & Fiasco in Tulsa and interned in the Tulsa ing law students. She is currently a student mem- County District Attorney’s Office, where he was ber of the Ruth Bader Ginsburg Inn of Court. assigned to the felony division. He also worked as a judicial intern for U.S. District Judge Claire Together with her moot court partner, Elise V. Eagan and U.S. Magistrate Judge Paul J. Puma, she placed second in the 2013 National Cleary, Northern District of Oklahoma. Current- Health Law Moot Court Competition. This year, ly, he is externing for Chief Judge Gregory K. the two women are proud to represent OU Law Frizzell, U.S. District Court for the Northern District in two more appellate-advocacy competitions. of Oklahoma. She was born and raised in Wichita Falls, Texas. He was raised in Tulsa and graduated from Her parents, Hu and My Tu, provided her a child- Jenks High School. Prior to law school, he earned hood full of music, good food and a love of his bachelor’s degree in history and political sci- learning. She attended the Texas Academy of ence from the University of Oklahoma in 2011 Mathematics and Science at the University of and then went to work at the Oklahoma Legisla- North Texas at the age of 15, where she learned ture. He is a member of the Hudson Hall Wheaton firsthand that scientific research is exciting and American Inn of Court and Phi Delta Phi Legal rewarding (but handling live specimens can be Honors Fraternity. significantly less so). She graduated from the Uni- versity of Oklahoma in 2006 with a bachelor in

2302 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 EARL SNEED CONTINUING General Assembly LEGAL EDUCATION AWARD Friday, Nov. 14 Michael S. Ashworth, Tulsa These awards will be presented at this event. Michael Ashworth is a recipient of the Earl Sneed Award for his continuous OUTSTANDING COUNTY BAR efforts teaching CLE classes ASSOCIATION AWARD and involvement with the Tulsa County Bar Associa- Noble County Bar Association tion. Under his leadership, The Noble County Bar Association is the recipi- the TU Practicum was cre- ent of the Outstanding County Bar Association ated in 2013, which includes Award for its dedication to providing service to six CLE classes throughout those in the local communities. The NCBA annu- the year at TU College of ally awards a scholarship to a high school senior Law. The topics are designed from one of the local schools based on grades, to teach new lawyers how to practice law in scholastic and community involvement, and several different areas such as criminal, domes- need. This year, it awarded two scholarships tic, probate, guardianship and personal injury. totaling $1,500. During Law Day, county bar He has facilitated Tulsa County judges conduct- members provided pro bono estate planning ing full civil and criminal dockets in the Moot services for first responders, police and military Courtroom at the TU College of Law. He received veterans with their Wills for Heroes program. Also his J.D. from OU College of Law in 1983. He prac- as a part of Law Day activities, members contin- tices with the Cheek Law Firm in Tulsa. ued the NCBA’s Ask A Lawyer program and held a Law Day luncheon and award ceremony. EARL SNEED AWARD CONTINUING Throughout the year, attorneys from the DA’s EDUCATION AWARD office went to area high schools to talk to stu- David T. McKenzie, Oklahoma City dents and parents about criminal issues relevant to teens. David McKenzie is a recipient of the Earl Sneed Award HICKS EPTON LAW DAY AWARD for his extensive volunteer Pittsburg County Bar Association work to the OBA Continuing Legal Education Depart- The Pittsburg County Bar Association is the ment. He has been teach- recipient of the Hicks Epton Law Day Award for its ing and creating seminars dedication to community service in celebration since 1995. He is the 1997 of Law Day. The year’s activities began with the recipient of the Clarence annual Ask A Lawyer event in May 2014 when a Darrow Award from the large group of attorneys gathered to answer Oklahoma Criminal Defense several calls from the public. The PCBA hosted Lawyers Association, 2010 five Oklahoma Supreme Court justices and sev- recipient of the OBA Criminal Law Section Profes- eral other distinguished guests at a banquet sional Advocate, Defender of the Year Award held at Pete’s Place in Krebs. Justice Douglas L. and the 2011 Barry Albert Award from the Okla- Combs delivered a speech on the importance homa County Criminal Defense Lawyers’ Associ- of teaching civics in our schools and the current ation. He holds a B.A. degree from SWOSU and role of the judiciary. Law Day activities con- both M.A and M.S. degrees from NSU. He cluded with Pins for Awareness, a bowl-a-thon received his juris doctorate from the University of fundraiser for autism and childhood apraxia of Oklahoma College of Law in 1988. He practices speech. criminal and constitutional litigation in Oklahoma City and is the legal analyst for KFOR-TV. Mr. McK- enzie is a veteran of more than 200 jury trials.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2303 GOLDEN GAVEL AWARD OUTSTANDING SERVICE TO THE OBA Family Law Section PUBLIC AWARD The OBA Family Law Section, led by Chairper- The Goldman Law Office, Oklahoma City son M. Shane Henry of Tulsa, is the OBA’s largest section with more than 1,100 members. The section created the Family Law Practice Manual, which is authored by several sitting judges and more than 40 Oklahoma attorneys who practice family law. It contains over 2,700 pages of black letter law footnoted with relevant case and statutory authority. This team meets throughout the year to update the practice manual with the latest cases and forms. The funds raised through Robert, Thomas and Ed Goldman the sale of the manual were used to create the The Goldman Law Office is the recipient of the Oklahoma Family Law Section Trial Advocacy Outstanding Service to the Public Award in rec- Institute, the first of which was held at the Okla- ognition of its preserving the long-standing Red homa Bar Center in July 2014. Attendees gained Andrews Christmas Dinner in Oklahoma City. Red the experience and training to more effectively Andrews was a longtime Oklahoma City resident represent a client at trial. Leadership mentoring is who served in the state House of Representatives. also a longstanding tradition with the section, He started the annual Red Andrews Christmas Din- holding leadership retreats twice a year. The sec- ner in 1945 for families in need. The dinner repeat- tion sponsors conferences every year in addition ed itself for decades, and his family continued the to various OBA projects. It will soon select a char- tradition after his death. In 2012, the family ity to highlight during the FLS annual meeting as announced that due to health issues, the dinner it has since 2011. would be discontinued. Robert, Ed and Tommy Goldman, having been involved with the dinner OUTSTANDING YOUNG LAWYER for over 25 years, rallied with other members of AWARD the community to assure the further success of Joe Vorndran, Shawnee the dinner. The Goldmans formed the Red Andrews Christmas Dinner Foundation, which is a Joe Vorndran is the recipi- 501(c)(3) nonprofit organization. The holiday ent for the Outstanding meal feeds nearly 7,000 people every year. Young Lawyer Award for his service as a leader of the AWARD FOR OUTSTANDING OBA Young Lawyers Division. PRO BONO SERVICE He served as the District 8 Representative for the OBA James J. Bender, Tulsa YLD Board of Directors from Jim Bender is a recipient 2006-2012. He was also chair of the Award for Outstand- of its Community Service ing Pro Bono Service for his Committee and Children long-standing commitment and the Law Committee. He to pro bono work. Before his was the 2011 YLD treasurer, 2012 chairperson- recent retirement, he served elect and 2013 chairperson. Under his leadership, as general counsel at The the OBA YLD received the Public Service Award Williams Companies and, at the 2014 ABA annual meeting in Boston. He is more recently, at its spinoff a partner with the Shawnee law firm of Stuart & company, WPX Energy. In Clover PLLC. His practice is focused on general 2006, he became familiar civil and commercial litigation, corporate law, with legal aid when his alternative dispute resolution and municipal law. department visited the Legal Aid Services offices He received his J.D. from the OU College of Law in Tulsa as a part of Williams’ United Way cam- in 2006. paign. He saw the need for more volunteer lawyers and committed his department of in-house lawyers to handle wills, trusts, estate planning and powers of attorney for senior citizens. Mr.

2304 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Bender also helped recruit lawyers from the Hall make sure that other African American law stu- Estill law firm to become involved. In all, more dents were prepared to take and pass the bar. than 40 lawyers began serving clients. In addi- Mr. Combs, Herbert Graves and William Sullivan tion, he played an important role in creating two formed the first integrated law firm in Oklahoma programs to support the Tulsa County District in 1974. He began using the firm’s law library at Court — the Court-Assistance Project (CAP) and night and on the weekends to tutor African the Guardian Ad Litem Program, and he person- American law students. Since then, he has ally participated in CAP by representing clients in helped more than 100 students prepare for and unlawful detainer actions in Tulsa County. Finally, pass the Oklahoma bar exam without seeking he secured annual donations for Legal Aid Ser- compensation or recognition. He received his vices from his companies and donates person- J.D. from OCU School of Law in 1972. ally. He received his J.D. from the University of Minnesota Law School in 1981. GOLDEN QUILL AWARD AWARD FOR OUTSTANDING PRO Elliott C. Crawford and David T. McKenzie, Oklahoma City BONO SERVICE Elliott Crawford and David Malcolm M. Savage, Oklahoma City McKenzie are recipients of Malcolm Savage is a the Golden Quill Award for recipient of the Award for the article they coauthored, Outstanding Pro Bono Ser- “Lights, Camera, Bar Action: vice for his dedication to Ethical Implications of Extra- assisting those needing help judicial Statements and Pre- in criminal proceedings. Trial Publicity in Criminal Pro- One third of his practice is ceedings.” The article will be pro bono, serving many indi- published in the Dec. 13, gent clients or those who 2014, Oklahoma Bar Journal cannot afford an attorney. with feature articles devot- His services undoubtedly Elliott C. Crawford ed to ethics and profession- help lessen the high volume al responsibility. caseload of the Oklahoma County Public Mr. Crawford is president and founder of the Defender’s Office. In 2005, Gov. Brad Henry Law Office of Elliott C. Crawford P.C. in Oklaho- appointed him to district judge in the 7th Judicial ma City, which is devoted to representing the District to fill a position left vacant by the death accused and focuses on federal criminal of Judge Susan Bragg. Mr. Savage has returned defense. He graduated from Texas A&M Univer- to private practice focusing on criminal defense. sity in 2001, earning a B.A. with honors in political He was an associate with Lytle Soule and Curlee science. In 2006, he obtained his J.D. from Okla- from 2002-2003 and was an attorney with the homa City University School of Law, where he Oklahoma County Public Defender’s Office from received the CALI Award for Academic Excel- 1998-2002. He earned his J.D. from OCU School lence in the study of federal jurisdiction. Mr. of Law in 1998. Crawford is admitted to practice in all state and TRAILBLAZER AWARD federal courts in Oklahoma and Texas, the 5th and 10th Circuits, and the U.S. Supreme Court. Melvin Combs Jr., Oklahoma City He is also a member of the Criminal Justice Act Panel Melvin Combs Jr. is the for the Western District of recipient of the Trailblazer Oklahoma, a select group Award for making a proof trial attorneys who repre- found impact on the legal sent indigent defendants in profession by paving the federal court. way for more African Ameri- can law students to pass the Mr. McKenzie is the 1997 bar exam. He did not pass recipient of the Clarence the bar exam on his first Darrow Award from the attempt in the early 1970s, Oklahoma Criminal Defense and he was determined to Lawyers Association, 2010 David T. McKenzie

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2305 recipient of the OBA Criminal Law Section Profes- Courthouse and Justice Cen- sional Advocate, Defender of the Year Award ter. Judge Landrith spoke to and the 2011 Barry Albert Award from the Okla- civic groups and organiza- homa County Criminal Defense Lawyers’ Associ- tions to rally support of a pro- ation. He holds a B.A. degree from SWOSU and posal to build a new jail and both M.A and M.S. degrees from NSU. He to remodel the courthouse. received his juris doctorate from the University of In 2006, county residents Oklahoma College of Law in 1988. While he was passed a 20-year, 11/16ths- in graduate school in Tahlequah, Mr. McKenzie of-a-penny sales tax to pay was a reporter for the Tahlequah Daily Press. Fol- for the $18 million project. The lowing his admission to the Oklahoma bar in new jail, the Pontotoc Coun- October 1988, he practiced extensively in the ty Justice Center, opened in 2009. He worked area of First Amendment law and was a long- with the contractor handling the courthouse time member of the First Amendment Lawyers renovation to make sure that the building Association. He is also a professional actor repre- retained its character. The new main district sented locally by the Magna Talent Agency. courtroom was dedicated in March 2011. He GOLDEN QUILL AWARD received his J.D. from OU College of Law in 1976 and was elected district judge in 1994. Donelle H. Ratheal, Oklahoma City Donelle Ratheal is the JOE STAMPER DISTINGUISHED recipient of the Golden Quill SERVICE AWARD Award for her article, “Chil- Gary C. Clark, Stillwater dren and Their De Facto Par- ents: Past, Present and Fu- Gary Clark is the recipient ture Third-Party Custody and of the Joe Stamper Distin- Guardianship Law in Okla- guished Service Award for homa,” published in the his long-term service to the Aug. 9, 2014, Oklahoma Bar bar association and contri- Journal. She is the managing butions to the legal profes- partner of Ratheal, Mag- sion. He served 10 years on gard & Fortune PLLC. Her practice includes com- the Oklahoma Council on plex family law litigation and appellate practice. Judicial Complaints, six of She is a seminar speaker and author on substan- them as chair. He served as tive and law practice issues. She was the OBA OBA president in 2002. His list Family Law Section chair in 2007 and 2013 and of OBA awards includes the 2003 and 2009 Presi- an author and former editor of the section’s dent’s Awards, Award for Ethics in 1999 and two Practice Manual. She received the OBA FLS Out- Golden Quill Awards. He chaired the OBA Tech standing Guardian Ad Litem Award in 2006. She is a member of the ABA Family Law Section and Task Force, which was awarded the Golden Solo-Small Firm Section. Gavel Award in 2000. He has also chaired the Estate Planning Section, Awards Committee and the Bar Technology Committee. He was a co- author of the Standards on Professionalism Annual Luncheon adopted by the Board of Governors in 2002. Mr. Friday, Nov. 14 Clark is a fellow of the American College of Trust and Estate Counsel and a member of the Amer- These awards will be presented at this event. ican Law Institute. He served eight years on the Board of Regents for Oklahoma State University/ A&M Colleges. After practicing law for nearly 30 AWARD OF JUDICIAL EXCELLENCE years in Tulsa, he became the vice present and general counsel of the OSU Foundation in 2004. Judge Thomas S. Landrith, Ada In 2008, he became a vice president at OSU and Judge Thomas S. Landrith is the recipient of the is now senior vice president and general counsel. Award of Judicial Excellence for his leadership in He received his J.D. from the University of Texas the renovation project of the Pontotoc County School of Law (with honors).

2306 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 ALMA WILSON AWARD focusing on criminal defense and DHS deprived cases. Don Smitherman, Oklahoma City Don Smitherman is the JOHN E. SHIPP AWARD FOR ETHICS recipient of the Alma Wilson Dietmar K. Caudle, Lawton Award for his significant contribution to improving the Dietmar Caudle is the lives of young people in recipient of the John Shipp Oklahoma. From 2005-2012, Award for Ethics for his ser- he was an adjunct teacher vice as a role model for eth- at Douglass High School in ics in the legal profession. He Oklahoma City. Located in has been a sole practitioner one of the most impover- for more than 35 years in ished areas of the metro, Lawton and has held many the legal studies program is different leadership posi- designed to give at-risk youth a positive experi- tions. He currently serves as ence with the judicial system and to inspire them president of the Oklahoma to pursue a career in law. Under Mr. Smither- Bar Foundation and is a man’s leadership, many students underwent member of the OBA Board of Editors and Clients’ personal transformations as a result of their par- Security Fund Committee. From 2009-2013, Mr. ticipation in the legal studies program. He is a Caudle served as a lawyer member of the Pro- member of the Oklahoma Black Lawyers Associ- fessional Responsibility Tribunal. He is an ABA Fel- ation and the America Inns of Court. He is of low and member of the Oklahoma Fellows to the counsel with Moricoli & Schovanec PC in Okla- American Bar Foundation. He served on the OBA homa City and received his J.D. from the OU Board of Governors in 2013 as vice president and College of Law in 1992. as a district representative from 2005-2007. He served as Comanche County Bar Association NEIL E. BOGAN president and has been honored by the county PROFESSIONALISM AWARD bar for his pro bono work and as a recipient of its Professionalism Award in 2011. He has demon- Perry W. Hudson, Oklahoma City strated his commitment to the community with Perry Hudson is the recipi- his continued participation in the Ask A Lawyer ent of the Neil E. Bogan Pro- program and assisting the Comanche County fessionalism Award for his Bar Association for the past 20 years. He has professional and ethical mo- practiced law as a sole practitioner in Lawton rals. He began his practice since 1980 and received his J.D. from the OCU as an employee of the Okla- School of Law in 1976. homa Indigent Defense Sys- tem, where he served as a FERN HOLLAND COURAGEOUS capital defense attorney at LAWYER AWARD both the trial and appellate Don G. Holladay and James E. Warner III, levels. As a private practitio- Oklahoma City ner, Mr. Hudson continues to represent those accused of capital crimes and Don Holladay and James has been involved in the release of three death Warner are recipients of the row inmates. His practice is not limited to capital Fern Holland Courageous cases, and he is proud of the work he does on Lawyer for their work as behalf of his clients in all areas of criminal counsel in Bishop, et al. v. defense including his successful suppression of Smith, challenging Oklaho- the evidence in the largest non-border heroine ma’s ban on same-sex mar- bust in U.S. history. Mr. Hudson’s peers describe riage. They took on the case him as an honorable adversary who zealously on a pro bono basis in 2009, advocates for his clients in an affable, honest litigating the case on behalf manner. He has offices in Oklahoma City and of their four individual clients Pawnee, but practices throughout the state Don G. Holladay against six defendants, including the State of Okla-

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2307 homa and the United States. A judge entered his summary judgment order in favor of the plaintiffs in 2014, declaring Oklahoma’s same-sex mar- riage ban unconstitutional. The 10th Circuit U.S. OBA Awards: Court of Appeals confirmed the ruling, and the Individuals for Whom Awards are Named U.S. Supreme Court recently declined to hear appeals, allowing same-sex marriages to take (cont’d from page 2301) place in Oklahoma. JOHN E. SHIPP — John E. Shipp, an attorney from Mr. Holladay is a co-founder of the Holladay & Idabel, served as 1985 OBA president and became the executive director of the association in 1998. Unfortu- Chilton Law Firm in Oklahoma City. His past pro- nately his tenure was cut short when his life was tragi- fessional activities include service on the Admis- cally taken that year in a plane crash. Mr. Shipp was sions and Grievance Committee for the Western known for his integrity, professionalism and high ethical District of Oklahoma federal court, two three- standards. He had served two terms on the OBA Profes- year terms on the Local Rules Committee, U.S. sional Responsibility Commission, serving as chairman District Court, Western District of Oklahoma and for one year, and served two years on the Professional the Oklahoma County Bar Association Board of Responsibility Tribunal, serving as chief-master. The Directors. Between 2008 and 2014, he was a OBA’s Award for Ethics bears his name. member of the Oklahoma delegation to the EARL SNEED — Earl Sneed served the University of national Uniform Laws Commission. Since 1988 Oklahoma College of Law as a distinguished teacher and he has been an adjunct professor at the OU Col- dean. Mr. Sneed came to OU as a faculty member in 1945 lege of Law, teaching pretrial and trial courses. and was praised for his enthusiastic teaching ability. He received his J.D. from the OU College of Law When Mr. Sneed was appointed in 1950 to lead the law in 1969. school as dean, he was just 37 years old and one of the youngest deans in the nation. After his retirement from Mr. Warner is a member academia in 1965, he played a major role in fundraising of the law firm of Holladay efforts for the law center. The OBA’s Continuing Legal & Chilton. He received his Education Award is named in his honor. juris doctorate in 2002 from the University of Oklahoma JOE STAMPER — Joe Stamper of Antlers retired in College of Law, where he 2003 after 68 years of practicing law. He is credited with being a personal motivating force behind the creation of served as executive editor OUJI and the Oklahoma Civil Uniform Jury Instruc- of the American Indian Law tions Committee. Mr. Stamper was also instrumental in Review. After graduation, creating the position of OBA general counsel to handle he served as law clerk to attorney discipline. He served on both the ABA and Judge Robin J. Cauthron, OBA Board of Governors and represented Oklahoma at then Chief Judge of the U.S. James E. Warner III the ABA House of Delegates for 17 years. His eloquent District Court for the Western remarks were legendary, and he is credited with giving District of Oklahoma. During law school, he was Oklahoma a voice and a face at the national level. The an intern for U.S. Magistrate Shon T. Erwin and OBA’s Distinguished Service Award is named to honor Judge Charles A. Johnson of the Oklahoma him. Court of Criminal Appeals. He also interned in ALMA WILSON — Alma Wilson was the first woman the Oklahoma State Senate, where he assisted to be appointed as a justice to the Supreme Court of senate staff attorneys in drafting legislation and Oklahoma in 1982 and became its first female chief jus- advised senate staff and committees on the tice in 1995. She first practiced law in Pauls Valley, where constitutionality of pending legislation and stabil- she grew up. Her first judicial appointment was as special ity of current laws. He currently serves on the judge sitting in Garvin and McClain Counties, later dis- Board of Directors for the Oklahoma City branch trict judge for Cleveland County and served for six years of the Federal Bar Association. on the Court of Tax Review. She was known for her contributions to the educational needs of juveniles and children at risk, and she was a leader in proposing an alternative school project in Oklahoma City, which is now named the Alma Wilson SeeWorth Academy. The OBA’s Alma Wilson Award honors a bar member who has made a significant contribution to improving the lives of Oklahoma children.

2308 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 OBA CLE: Tools for Tomorrow’s Lawyers Program Planner: Jim Calloway, Director OBA Management Assistance Program Topics Covered: • Lawyers and Change: How to Survive in the Future You Didn’t Expect • Jim Calloway • The Paperless Office Is a Reality (and a Necessity) Today • Donna Brown • Project & Process Management for Lawyers • Jim Calloway • Top Tools: Practice Management Solutions and Document Assembly Tools • Donna Brown • Technology — Creative Uses, Ethical Practices • Douglas J. Sorocco and Travis Pickens • Strategies for Change: An Interactive Discussion • Jim Calloway, Travis Pickens and Douglas J. Sorocco Speakers: Donna Brown is a legal industry consultant with emphasis on software development, customization, training and technical writing. Douglas J. Sorocco practices in the areas of intellectual property, technology, licensing, life sciences and patent law. Travis Pickens is OBA Ethics Counsel. Seminar starts at 9 a.m. and adjourns at 2:50 p.m. This seminar will also be webcast; Nov. 12 tuition varies from live program tuition. Hyatt Regency To register online, log on to: www.okbar.org/members/cle.aspx Hotel Or call Renee at 405-416-7029/800-522-8065 100 E. Second St. or email [email protected] Tulsa Annual Meeting registration is not needed to attend this seminar. Save Approved for 6 hours MCLE/1 Ethics. $150 for early-bird registrations with payment received at least $ $ four full business days prior to the seminar date. 175 for registrations with payment received within 10 four full business days of the seminar date. Register Online

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2309 Here is what OBA CLE PRESENTS HUMORIST AT LAW our members SEAN CARTER’S TEE HEE! A FUNNY CLE had to say about his last MORNING SESSION presentation THE ETHYS AWARDS: 2014 EDITION (2 hours — 1 hour of ethics) in 2012: Each year, Hollywood celebrates the best performances in “This was one of l motion pictures at the Oscars. Well, the best CLEs I this year, we will celebrate the have attended worst ethics violations in the legal (in more than 30 profession at the Ethys. The fes- years of CLEs). It tivities will be hosted by Mr. was interesting Carter, who will announce this and relevant. year’s winners of the coveted Well done!!” Ethy for Best Original Excuse, Least Competent in a Legal l “It was nice to Representation, Most Over- go to a CLE that Animated Courtroom Outburst, was not pure a special Lifetime Achievement torture. Informa- Award and so much more. tion was well LAWYER JOKES ARE NO presented.” LAUGHING MATTER (1 hour – ethics) l “Great seminar. There are thousands of lawyer jokes told each day. Lawyer bashing is Thank you! Sean quickly becoming America`s favorite pastime. But why? made an otherwise dull subject AFTERNOON SESSION very interesting FANTASY SUPREME COURT LEAGUE: 2014 EDITION (2 hours — general ed.) and enjoyable.” In this unique presentation, Mr. Carter will humorously recap the most significant cases of the current term. After receiving the facts of each case, you will l “Sean Carter’s compete with your fellow lawyers by attempting to remember (or guess) the course taught outcome and “vote spread” of each case: far more than • Campaign Finance ethics and a little Supreme Court • Affirmative Action precedent. His • Public Prayer message of love and compassion • Search and Seizure comes from an • Executive Power open heart. It was a pleasure • Global Warming to laugh and • Religious Freedom think with him. Best CLE I’ve LIES, DAMN LIES AND LEGAL MARKETING: The Ethics of Legal Marketing ever been to, (1 hour — ethics) bring him back What is effective advertising in other fields is rarely acceptable in the field every year.” of law. In this entertaining ethics course, Sean Carter examines in detail the ethical rules concerning marketing and their practical implications. l “It was a very enjoyable semi- To register online, log on to: www.okbar.org/members/cle.aspx nar. I will attend Or call Mark at 405-416-7026/800-522-8065 again next year or email [email protected] if given the You can register for either the morning session (3 hours with 2 hours opportunity.” ethics) or afternoon session (3 hours including 1 hour ethics).

2310 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Thursday Evening Progressive Event Three-Part Celebration y drinks • dinner • dancing This event is free with Annual Meeting registration.

OBA Sections Present: The Drinks 5:30 - 7 p.m. Inside the ballroom: Pianist Tom Nix will entertain part the crowd in an intimate piano bar setting. Drinks will flow until last call at 6:45 p.m. Snag a signature beverage (made especially for this event!) while light snacks and your favorite fall-flavored coffees are served. Out in the foyer: Enjoy fine arts shopping, including jewelry, pottery, artwork and other merchandise made by local artists. 1 A caricature artist will be available to create a masterpiece for you to take home. Grab your friends and head over to the photobooth to commemorate the event. 1 OBA President DeMoss Presents: The Dinner 7 - 8:30 p.m. Inside the ballroom: Tom Nix will continue to part charm the audience as the small bar opens up, transforming into an upscale come-and-go reception. Two drink tickets will be given to each party-goer to be used on soda or adult beverages at the cash bar. Heavy hors d'oeuvres including popular flavors of fall will be served. Out in the foyer: Continue your holiday shopping, get a 2 caricature portrait drawn, and take a few more visits to the photo booth before they close for the evening.

OBA Presents: The Dance part The 8:30 - 11:30 p.m. The mood picks up and the lights go Stars Band down as the ballroom transforms a third time into a rock-and-roll bash, complete with dance floor. Oklahoma City-based group, The Stars Band, will take the stage, covering all your favorites from the 1960s to today. Cash bar 3 will stay open as you dance late into the evening.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2311 2015 House of Delegates Delegate certification should be sent to OBA Executive Director John Morris Williams in order for names to appear in print in the bar journal and to be included in the House of Delegates agenda book.

COUNTY DELEGATE ALTERNATE Adair Co...... Jeff Jones...... Ralph Keen Alfalfa Co. Atoka Co. Beaver Co...... Todd Trippet...... Jerry Venable Beckham Co...... Chip Eeds...... D.J. DeLeon Blaine Co...... Daniel G. Webber...... F. Douglas Shirley Bryan Co...... D. Michael Haggerty II...... Pat Phelps Caddo Co...... Jason Glidewell...... Kyle Eastwood Canadian Co...... Nathan Richter...... Linda Pizzini Ashton Handley...... Charles Gass Michael Denton...... Sandy Steffen Jack Dawson...... Fletcher D. Handley Jr. Carter Co...... Mike Mordy...... Bradley Wilson Lee Card...... Craig Ladd Cherokee Co...... Jerry Moore...... B.J. Baker Choctaw Co...... J. Frank Wolf III...... Thomas J. Hadley Cimarron Co...... Stanley Ed Manske...... Judge Ronald L. Kincannon Cleveland Co...... Tyson Stanek...... Mike Johnson Dave Batton...... Jeanne Snider Richard Vreeland...... Amy Pepper Peggy Stockwell...... David Swank Judge Stephen Bonner...... Don Pope Richard Stevens...... Rick Knighton Alissa Hutter...... John Sparks Micheal Salem...... Taos Smith David Poarch...... Rebekah Taylor Dave Stockwell...... Drew Nichols Gary Rife...... (Ret.) Judge Charles A. Johnson Judge Lori Walkley...... Kristina Bell Jan Grant Johnson...... Sharon Sitzman (Ret.) Judge Rod Ring...... Beth Stanley Blake Virgin...... Josh Turner Emily Virgin...... Debbie Loeffelholtz Ben Odom...... Cindee Pichot Rick Sitzman...... Jim Loftis Holly Iker Jan Meadows

2312 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Coal Co...... Trae Gray...... Richard Branam Comanche Co...... Robin Rochelle...... Kathryn McClure Grant Sheperd Aimee Vardeman Cotton Co...... Kathleen Flanagan...... Judge Michael C. Flanagan Craig Co...... Kent Ryals...... Leonard M. Logan IV Creek Co...... Judge Richard A. Woolery...... Carla Stinnett Michael S. Loeffler...... Sheri Eastham Custer Co...... Dennis A. Smith...... Andrew Carruth Delaware Co. Dewey Co...... Judge Rick Bozarth Ellis Co...... Laurie E. Hays...... Judge Joe L. Jackson Garfield Co...... David Ezzell...... Judge Paul Woodward Karig Culver...... Glenn Devoll Amber Gill...... Kaleb Hennigh Garvin Co...... Dan Sprouse...... Logan K. Beadles Grady Co. Grant Co...... Judge Jack D. Hammontree...... Steven A. Young Greer Co...... Brandon James Norris...... Charles Phillip Horton Harmon Co...... David L. Cummins...... Jim Moore Harper Co...... Judge Megan L. Simpson...... Abby M. Cash Haskell Co. Hughes Co...... Linda Evans Jackson Co...... John Wampler Jefferson Co...... Dennis L. Gay...... Phillip R. Scott Johnston Co. Kay Co...... Shawna Taylor...... Jennifer Brock Fera Terrell...... Mike Trewitt Kingfisher Co...... Kurt Bollenbach...... Lance Schneiter Kiowa Co...... Tom Talley Latimer Co...... F. Nils Raunikar...... Christian Henry LeFlore Co...... Dru Waren...... Steven Paul Minks Lincoln Co...... David Ball Logan Co...... Jeff Hirzel...... Tim Green Love Co...... Richard A. Cochran...... Kenneth L. Delashaw Major Co. Marshall Co. Mayes Co. McClain Co...... Suzanne Woodrow-Snell...... Leland W. Shilling McCurtain Co...... Kevin T. Sain...... Judge Michael DeBerry McIntosh Co...... Cindy M. Dawson...... Brendon Bridges Murray Co. Muskogee Co...... Matthew C. Beese...... Corey Johnson Roy D. Tucker...... Margaret Shadrick Jamie Fenner...... Justin Stout Noble Co...... Bryon J. Will...... Tom Lane Sr. Nowata Co...... Judge Carl Gibson ...... Linda Gambill-Branstetter Okfuskee Co...... Jeremy T. Pittman...... Maxey Reilly Oklahoma Co...... Jim Webb...... Charles Alden Judge Barbara Swinton...... Phillip G. Whaley Angela Ailles Bahm...... Daniel G. Webber Jr. Mack Martin...... Tracey Martinez Judge Glenn Jones...... Judge Robert Bell

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2313 Laura McConnell-Corbyn...... Marc Edwards John Heatly...... James Jennings David Cheek...... J. Chris Condren Judge Don Andrews...... Lance Leffel Ben Butts...... Sarah Schumacher Gary Chilton...... Denise Cramer Derek Burch...... Michelle Harrington Judge Patricia Parrish...... Glenn White Judge Thomas E. Prince...... John Handy Edwards Judge Lisa Tipping Davis...... Matthew Kane John W. Coyle...... Teresa Rendon Judge Lisa Hammond...... M. Courtney Briggs Robert C. Margo...... Leslie Lynch Lauren E. Barghols Hanna...... Robert Sheets John Oldfield...... LeAnne Burnett W. Todd Blasdel...... Gary Derrick Judge Lynne McGuire...... Doneen Jones Judge Howard R. Haralson...... Billy Croll Jeff Curran...... Tom E. Mullen Andrew Mildren...... John Miley Daniel Couch...... Raymond Zschiesche Will Hoch...... Robert E. Black Michael Mullins...... Jodi Warmbrod Dishman Brandon Long...... Coree Stevenson Nancy Parrott...... Sheila D. Stinson Okmulgee Co. Osage Co...... Jeff S. Jones...... Brad Hilton Ottawa Co...... Chuck Chesnut...... John Weedn Pawnee Co...... John Nobles Payne Co...... Jimmy Oliver...... Robyn Baker Lynn Hermanson...... Brandee Hancock Brenda Nipp...... John Price Pittsburg Co...... Matt Sheets...... Paul Northcutt Blake Lynch...... Matt Patterson Pontotoc Co...... T. Walter Newmaster...... Bryan Kingery Dale Rex...... Leslie D. Taylor Pottawatomie Co...... Brandi Nowakowski...... Drew O’Gwynn Joe Vorndran Pushmataha Co...... Gerald Dennis...... Charlie Rowland Roger Mills Co...... Judge F. Pat VerSteeg...... Thomas B. Goodwin Rogers Co...... James Justin Greer...... Erinn Bisceglia Noah Sears...... Melinda Wantland Catina Drywater...... Jennifer K. Kern Seminole Co...... R. Victor Kennemer...... William D. Huser Sequoyah Co. Stephens Co...... Carl Buckholts...... Jamie Phipps Bill Buxton Texas Co...... Douglas Dale...... Cory Hicks Tillman Co. Tulsa Co...... Judge Millie Otey...... Michael S. Ashworth Judge Martha Rupp Carter ...... Shannon D. Taylor Deirdre O. Dexter...... Tamera A. Childers James R. “Jim” Gotwals ...... Justin B. Munn

2314 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 D. Faith Orlowski...... Amber Peckio Garrett Robert B. Sartin...... J. Chris Davis D. Ken Williams Jr...... Cara Collinson Wells John R. Woodard III...... Jeremy Ward Steven K. Balman ...... Lori Warner Kingston E. Zach Smith...... Michael James O’Malley Ronald Main...... James L. Colvin III Robert P. Redemann...... Alexander Sisemore Trisha Linn Archer...... Tony W. Haynie Julie A. Evans...... Marvin G. Lizama Kimberly K. Moore-Waite...... Georgenia Van Tuyl Judge Jane P. Wiseman...... Sabah Khalaf Bill LaSorsa...... Ruth J. Addison Paul Brunton...... Richard Dale White Jr. Judge Charles R. Hogshead...... David M. Thornton Jr. Larry D. Leonard...... Grant T. Lloyd Leonard Pataki...... Scott Morgan Kenneth L. Brune...... Jermiah Phelilx Molly Aspan Paul B. Naylor Kimberly Hays Matthew S. Farris Gerald L. Hilsher James C. Milton Bruce A. McKenna Jack L. Brown Wagoner Co...... Richard Loy Gray Jr...... Eric W. Johnson Hon. Douglas A. Kirkley...... Ben S. Chapman Washington Co...... Linda S. Thomas...... Bruce Peabody Drew Ihrig...... Kyle Persaud Washita Co...... Judge Christopher S. Kelly...... Skye Shephard-Wood Woods Co...... Jesse Kline...... Jeremy Bays Woodward Co...... Bryce Hodgden...... Jay Mitchel

______Oklahoma Judicial Conference DELEGATE ALTERNATE Dist. Judge Mary Fitzgerald...... Dist. Judge George Butner Assoc. Dist. Judge Mickey J. Hadwiger.... Assoc. Dist. Judge Mark Moore

Delegates at Large (Past Presidents) Burck Bailey Sidney G. Dunagan David K. Petty William J. Baker Michael D. Evans Bob W. Rabon Stephen D. Beam John A. Gaberino Jr Deborah A. Reheard Judge Thomas R. Brett William R. Grimm Douglas W. Sanders Jr. Michael Burrage Winfrey D. Houston R. Forney Sandlin Gary Carl Clark Anthony M. “Tony” Massad Allen M. Smallwood Cathy M. Christensen Charles D. “Buddy” Neal Jr. James T. Stuart Andrew M. Coats C. D. Northcutt Honorable Paul M. Vassar M. Joe Crosthwait Jr. Honorable Jon K. Parsley Harry A. Woods Jr. Melissa DeLacerda William G. Paul

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2315 EASY WAYS 4 TO REGISTER ONLINE Register online at www.amokbar.org MAIL FORM OBA Annual Meeting, PO Box 53036, Okla. City, OK 73152 FAX FORM 405-416-7092 PHONE/EMAIL Call Mark at 405-416-7026 or 800-522-8065 or email [email protected]

YES! Register me for the 2014 Annual Meeting, November 12-14 in Tulsa. Registration fee includes: OBA hospitality Wednesday afternoon, all day Thursday & Friday morning, Thursday evening Three-Part Celebration social event, Annual Luncheon discount, a convention gift and Vendors Expo. CANCELLATION HOTEL LOCATION POLICY ACCOMMODATIONS Most activities will take place at the Hyatt Regency Hotel, Full refunds will be given Fees do not include hotel accom- 100 East Second Street in Tulsa. through Nov. 5, 2014. modations. For reservations call the No refunds will be issued Hyatt Regency at 918-582-9000 or SPECIAL NEEDS after that date. 888-591-1234. Call by Oct. 21 and ask for the special Oklahoma Bar Please notify the OBA at least Association rate of $115 per night. one week in advance if you have a special need and require For online reservations, accommodation. go to www.tulsa.hyatt.com Group code: G-OBA4 MATERIALS You will receive a link to download CLE materials in advance of the seminar.

2316 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 REGISTRATION

Please complete a separate form for each registrant.

Name ______Email ______Badge Name (if different from roster)______Bar No.______Address ______City______State______Zip______Phone______

Name of Non-Attorney Guest ______Please change my OBA roster information to the information above. q Yes q No

Check all that apply: m Judiciary m Delegate m Alternate m MEMBER: $60 through Oct. 21; $85 after Oct. 21...... $ ______m NEW MEMBER (Admitted after Jan. 1, 2014): Free through Oct. 21; $25 after Oct. 21...... $ ______I will attend the following ticketed events in addition to my registration fee: m Thursday: Trial College ($150 through Oct. 21; $175 after Oct. 21) 6 hours MCLE/1 Ethics $25 for new members through Oct. 21; $50 after Oct. 21)...... $ ______m Thursday: Sean Carter ($200 through Oct. 21; $225 after Oct. 21) 6 hours MCLE/3 Ethics $50 for new members through Oct. 21; $75 after Oct. 21)...... $ ______All Day m Thursday: Sean Carter ($125 through Oct. 21; $150 after Oct. 21) 3 hours MCLE/2 Ethics $25 for new members through Oct. 21; $50 after Oct. 21)...... $ ______Morning Only m Thursday: Sean Carter ($125 through Oct. 21; $150 after Oct. 21) 3 hours MCLE/1 Ethics $25 for new members through Oct. 21; $50 after Oct. 21)...... $ ______Afternoon Only m Friday: President’s Breakfast (_____ number of tickets @ $25 each)...... $ ______m Friday: Annual Luncheon (_____ number of tickets @ $35 each)...... $ ______Price includes meeting registration discount I will attend the following ticketed events that do NOT require Annual Meeting registration: m Thursday: Law School Luncheon m OCU m OU m TU ( _____number of tickets @ $35 each)...... $ ______m Friday: Annual Luncheon (_____ number of tickets @ $50 each)...... $ ______

TOTAL COST $ ______PAYMENT OPTIONS: m Check enclosed: Payable to Oklahoma Bar Association Credit card: m VISA m Mastercard m American Express

Card #______Exp. Date______

Authorized Signature ______

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2317 2015 OBA BOARD OF GOVERNORS VACANCIES

Nominating Petition deadline was 5 p.m. Friday, Sept. 12, 2014

a signed petition (which may be in parts) nomi- OFFICERS nating a candidate for the office of member of President-Elect the Board of Governors for and from such Judicial Current: David A. Poarch Jr., Norman District, or one or more County Bar Associations Mr. Poarch automatically becomes within the Judicial District may file a nominating OBA president Jan. 1, 2015 resolution nominating such a candidate. (One-year term: 2015) Not less than 60 days prior to the Annual Meeting, Nominees: 50 or more voting members of the OBA from any Mack K. Martin, Oklahoma City or all Judicial Districts shall file with the Executive Garvin Isaacs Jr., Oklahoma City Director, a signed petition nominating a candi- Vice President date to the office of Member-At-Large on the Current: Susan S. Shields, Oklahoma City Board of Governors, or three or more County Bars (One-year term: 2015) may file appropriate resolutions nominating a Nominee: Glenn A. Devoll, Enid candidate for this office. Not less than 60 days before the opening of the BOARD OF GOVERNORS Annual Meeting, 50 or more voting members of the Association may file with the Executive Direc- Supreme Court Judicial District One tor a signed petition nominating a candidate for Current: Linda S. Thomas, Bartlesville the office of President-Elect or Vice President or Craig, Grant, Kay, Nowata, Osage, Ottawa, three or more County Bar Associations may file Pawnee, Rogers and Washington counties appropriate resolutions nominating a candidate (Three-year term: 2015-2017) for the office. Nominee: John M. Weedn, Miami If no one has filed for one of the vacancies, nomi- Supreme Court Judicial District Six nations to any of the above offices shall be re- Current: Kimberly Hays, Tulsa ceived from the House of Delegates on a petition Tulsa County signed by not less than 30 delegates certified to (Three-year term: 2015-2017) and in attendance at the session at which the Nominees: election is held. Spencer Pittman, Tulsa - withdrawn James R. Gotwals, Tulsa See Article II and Article III of OBA Bylaws for complete information regarding offices, positions, Supreme Court Judicial District Seven nominations and election procedure. Current: Bret A. Smith, Muskogee Elections for contested positions will be held at the Adair, Cherokee, Creek, Delaware, Mayes, House of Delegates meeting Nov. 14, during the Muskogee, Okmulgee and Wagoner counties Nov. 12–14 OBA Annual Meeting. Terms of the (Three-year term: 2015-2017) present OBA officers and governors will terminate Nominee: Roy D. Tucker, Muskogee Dec. 31, 2014. Member At Large Nomination and resolution forms can be found at Current: Nancy S. Parrott, Oklahoma City www.okbar.org/members/bog/bogvacancies (Three-year term: 2015-2017) Nominee: Sonja R. Porter, Oklahoma City NOTICE OBA Bylaws, Art. 3, Section 3. Summary of Nominations Rules Uncontested Election Not less than 60 days prior to the Annual Meeting, At the close of the period, for nominations in 25 or more voting members of the OBA within the accordance with Section 1, if only one candidate Supreme Court Judicial District from which the has been nominated for any office, the candi- member of the Board of Governors is to be elect- date is elected and the Executive Director shall ed that year, shall file with the Executive Director, announce his or her election.

2318 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 SCHOLARLY ARTICLE

The Federalization of the Oklahoma Law License By Kimber J. Palmer

ho decides who gets to be a lawyer? The short answer is other lawyers. Since the early days of the profession of Wthe practice of law in America, prospective lawyers gained their education and admittance to the bar by associating, studying with and being accepted by older, experienced lawyers.1

Today, the legal profession strives to main- exemption is claimed by the U.S. for legal ser- tain its independence through self-regulation. vices. National treatment also includes the set- The American Bar Association’s Model Rules ting of qualifications and standards for those of Professional Conduct espouses this long- providing such services, which would include held premise2 by noting that the legal profes- license granting.7 sion is unique among professions, exemplified The theory behind all free trade agreements by its close relationship with government and is that when barriers to trade between coun- law enforcement. The ABA maintains self- tries are reduced, market forces are able to regulation, and independence from the other influence the market, particularly in the alloca- branches of government is important to the tion of resources and there will be more buying preservation of democracy, and it provides agil- and selling for all.8 While not all nations did so, ity to better guard against the abuse of legal and though not required to do so, the U.S. authority.3 However, with the advent of some included legal services among the list of pro- international free trade agreements, the legal fessional services incorporated in its general profession in the United States is now facing obligation “commitments” under the treaty.9 the real possibility of going from a self-regulat- Delivery of legal services under GATS includes ed profession to something more akin to a fed- four possible modes: a) non-resident member- erally regulated business form. While the U.S. country suppliers of legal services supplying is a signatory on at least 15 international trade services across a country’s border; b) easier agreements4 involving the delivery of legal ser- ability of member-countries to buy legal services, the present concern came sharply into vices located in another WTO country; c) the focus following the signing of the General ability of foreign suppliers of legal services to Agreement on Trade and Services (GATS). establish branch or representative offices in a Signed by the U.S. in 1995, GATS was touted WTO country; and d) the ability of foreign by the World Trade Organization (WTO) as a individuals to enter and stay in a WTO country “landmark achievement.”5 GATS membership in order to supply such services.10 In short, requires its signatory countries to allow market under GATS, the U.S. is required to allow inter- access to its member-country service providers, national suppliers of legal services to compete including lawyers, and they must be given on a level playing field with domestic suppli- “national treatment.” National treatment means ers of legal services here in the U.S. that the member-countries must treat a foreign Interestingly, there has been very little dis- service provider as “favourably as domestic cussion of this major development and its firms”6 unless an exemption is claimed. No impact on the legal profession by members of

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2319 the American bar.11 Other professional services, er U.S. jurisdiction, or that the applicant already such as banking and accounting, are included have an established law practice in a foreign in GATS. Some authors believe the inclusion of jurisdiction. A few states allow foreign educat- professional services in the trade liberalization ed law graduates admission into practice in scheme will be detrimental to a profession. In a their state without examination, based upon 2005 article12 written primarily about the field certain special provisions. of accountancy, the author took the position Oklahoma makes no allowance for a foreign- that the treaty would result in a loss of local educated applicant to take the bar exam, or to autonomy and overall the ability of “demo- be admitted to the Oklahoma bar. 5 O.S. Supp. cratic societies to govern their economies.” The (2004) §1.1, last amended in 2009, provides: article opines the treaty will lead to a disman- “No person shall practice as an attorney and tling of domestic regulations of certain profes- counselor at law in any court of this state who sions on the premise that such regulations act is not a citizen of the United States…” Our as barriers to trade, and eventually the ability neighboring state of Texas, on the other hand, of non-national regulators (state and local) to allows foreign-law-degreed applicants to take govern a profession will be limited. In this the Texas bar exam if the applicant receives an regard, there is little difference in regulation of LL.M. from an ABA-approved law school, the accounting profession and regulation of the maintains a practice in a foreign jurisdiction, or legal profession. upon a determination that their foreign legal The GATS does not create a private right of education is equivalent to that of an ABA- action by a party to enforce its provisions.13 It approved law school. Statistics on the other does allow, however, a country to use the dis- states and U.S. territories and their require- pute resolution provisions of the WTO if a ments are available at the National Conference country believes another is not following of Bar Examiners or the American Bar Associa- GATS. Shortly after the signing of the GATS, tion website.16 14 the European Union formally requested With the large amount of international busi- through the WTO, that the United States facili- ness conducted in the border state of Texas, it tate removing the requirement, held by many may not be surprising that the Texas Supreme states, that a prerequisite to obtaining a license Court addressed this issue early in the new to practice law is U.S. citizenship. This Ameri- millennium. Rule II General Eligibility Require- can citizenship requirement is also maintained ments for Admission to the Texas Bar refers to in Oklahoma. certain exemptions contained within Rule XIII, Some foreign lawyers have sought to gain Attorneys from Other Jurisdictions, amended access to the practice of law in the U.S. through in 2005. Rule XIII outlines the conditions under taking a state’s bar exam. In recent years, sev- which foreign-educated bar applicants can be eral states have revised their qualification rules admitted to the Texas bar, with or without exam- and included provisions for bar exam appli- ination. These rules apply only to those who cants who received their law degree outside already hold a law license in another state or the United States. The National Conference of nation and who have “actively and substantially Bar Examiners and the ABA Section of Legal engaged in the practice of law” for at least five of the last seven years immediately preceding the Education and Admission to the Bar maintain 17 comprehensive statistics of the bar admission filing of their application. In short, they treat all requirements of the 50 states and U.S. territo- out of state lawyers the same, whether foreign or ries. The 2014 guide provides information as to domestically educated. which states, and under what circumstances, There is no question that there has been a foreign-law-degreed applicants are allowed to momentous increase in foreign law school take their bar exam.15 In 28 states and two ter- graduates seeking licensure in the United ritories, foreign law school graduates are eligi- States.18 In 2013, 5,928 persons whose legal edu- ble for admission into the practice of law in cation was obtained outside the United States that state. Some of those states have special took a bar licensure exam of one of the 50 states provisions for these foreign educated appli- or five U.S. territories.19 Some authors argue cants, such as requiring their education be that the time has come for the formation of an based in the English common law, requiring international network of lawyer regulators and additional education at an ABA-approved law that such organization could better deal with school, requiring previous admission in anoth- questions facing all lawyer regulators: who is

2320 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 competent, how standards of law which made legal residen- the practice are best regulated, In January 2014, cy status of a bar candidate and how the “bad apples” can immaterial in determining the be weeded out.20 California courts ruled candidate’s eligibility to admittance to the bar. The California There are few appellate cases that an undocumented Supreme Court then ruled that regarding foreign educated bar alien… could not be Garcia could be granted a law candidates. The issue of foreign license. It appears, however, nationality and admission to a precluded from that his immigration status pre- state’s bar was at issue in the being admitted to cludes him from earning money case Karen LeClerc, et.al. v. Daniel as a lawyer since he does not E. Webb, et.al. 419 F.3d. 405 (5th practice, by virtue of have a valid work permit or Circuit, La. 2005). This case, “green card.”22 consolidated with another simi- his undocumented lar case, was brought by “non- As a direct result of GATS, immigrant aliens,” defined by alien status. and in order to address the the court as persons who had issue of foreign lawyers practic- temporary worker visa status ing in the United States, the (H-1b), who desired to sit for the Louisiana ABA adopted a resolution in August 2006.23 State Bar Exam. Each had graduated from a The resolution supported the efforts of the foreign law school, and had applied to take the Office of the U.S. Trade Representative to exam. Louisiana bar rules allowed them to take develop transparency provisions regarding the their bar exam if they could demonstrate their domestic regulation of legal service providers, foreign legal education to be equivalent to an and to develop conditions pursuant to GATS education at an ABA-approved law school. that “do not unreasonably impinge” on the They were unable to provide this equivalency. authority of a state to regulate the legal profes- They brought suit, seeking injunctive relief and sion in their state. In 2009, the ABA adopted a a determination that the denial of their taking model rule in an effort to assist various states the Louisiana bar was a violation of the Equal dealing with foreign applicants seeking admis- Protection Clause of the 14th Amendment. sion to a state’s bar. The model rule, essentially, Finding that rational basis review, rather than recommends states require foreign educated strict scrutiny, was proper, and declining to applicants to obtain an LL.M. at an ABA- grant the requested relief, the 5th Circuit Court approved program that would include courses of Appeals ruled that Louisiana’s rules passed in American constitutional law, and further constitutional muster, having been “designed require that the foreign candidate be required to address local problems arising from [the] to pass the state’s bar exam. transitory status of nonimmigrant aliens.” The In 2012, the ABA Task Force on International U.S. Supreme Court declined to grant certiora- Trade in Legal Services issued a white paper24 ri.21 WTO, GATS, or other trade agreements lauding the Georgia Bar for its having adopted were not mentioned in the opinion. new rules in dealing with the issues that have In January 2014, California courts ruled that arisen due to GATS. The white paper noted an undocumented alien, Sergio Garcia, who that Georgia’s recognition of the international was a graduate of a California law school and trade agreements, including GATS, was a step had taken and passed the California bar exam in the right direction, and that possible federal could not be precluded from being admitted to intervention in the regulation of law licensing practice, by virtue of his undocumented alien was in the offing, stating: status. The California Bar Association had … GATS has obligated all World Trade sought to exclude him, urging that his illegal Organization WTO member states, including immigration status was a violation of law and the United States, to avoid regulation of profes- was adverse to its requirement that only per- sional service providers “more burdensome sons with moral fitness of character are admitted than necessary to ensure the quality of the ser- to the practice of law. Garcia had been born in vice.” However, because no national regulatory Mexico, but he was raised and received his regime of lawyer regulation now exists in the entire education (including law school) in the United States, this obligation is implemented at United States. After his situation was made pub- the state level. ... Although the federal gov- lic in 2013, the California Legislature passed a ernment could conceivably assert its treaty

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2321 power to require state conformity to GATS 4. Laurel S. Terry, “From GATS to APEC: The Impact of Trade 25 Agreements on Legal Services,” 43 Akron Law Review 675 (2010). This rules, there is no political will to attempt such author has numerous articles on this subject and has been involved in pre-emption at this time. (emphasis added) research over many years. Her articles also appear on her university website: www.personal.psu.edu/faculty/l/s/lst3/. The white paper goes on to discuss the vari- 5. World Trade Organization website: http://goo.gl/0ijqfi. 6. Paton, infra note11. ous ways in which a foreign lawyer might wish 7. Lee, infra note 9. to practice in the U.S. Foreign lawyers may 8. Amar Gupta, et. al., “Evolving Relationship between Law, Off- shoring of Professional Services, Intellectual Property, and Interna- wish to come here on a temporary, one-time tional Organizations,” 21.2 Information Resources Management Journal basis, or as foreign-licensed in-house counsel 103 (Apr-Jun 2008). 9. Margaret Mikyung Lee, Legal Services in the World Trade Organiza- for a company having overseas offices, as well tion (WTO) and U.S. Effect, Congressional Research Service-The Library as offices within the U.S. The foreign lawyer of Congress, Order Code RS22949. Sept. 12, 2008. may want to come as consultant on foreign 10. Lee, supra, note 9. 11. Paul D. Paton, “Legal Services and the GATS: Norms as Barriers legal matters, or come seeking pro hac vice to Trade.” 9 New England Journal of International and Comparative Law admission. They might also wish to become a 361 (2003) (note: this article focuses mainly on GATS and Canada’s legal profession.) fully licensed U.S. lawyer with their entire 12. Patricia J. Arnold, “Disciplining domestic regulation: the World practice in the United States. In this ABA Trade Organization and the market for professional services.” Account- ing, Organizations and Society 30 (2005) 299-330 (available online at report, Georgia was commended for taking the www.sciencedirect.com). initiative to form a committee on International 13. infra, note 17. 14. EU Initial Request to the United States, available at http://goo. Trade in Legal Services, for studying the appli- gl/8peVCL. cable trends, rules and regulations, and mak- 15. National Conference of Bar Examiners 2013 statistics, last ing recommendations to the state bar address- accessed Oct. 15, 2014. http://goo.gl/b6ySp2. 16. www.ncbex.org/about-ncbe-exams/mpre/. ing these issues. 17. Texas Board of Law Examiners Rule VIII, www.ble.state.tx.us/ Rules/NewRules/rulexiii.htm. It is surprising that 20 years out, there is very 18. Laurel Terry, “Creating an International Network of Lawyer little discussion among lawyers about this Regulators: The 2012 International Conference of Legal Regulators.” The Bar Examiner, Vol 82, No. 2 pp. 18-27 June, 2013. pending phenomenon. What will be the ulti- 19. National Conference of Bar Examiners 2013 statistics, supra. mate effect of GATS on the legal profession? 20. Supra, note 19. 21. Leclerc v. Webb, 127 S.Ct. 344 (U.S. 2006). Will there be increased competition from out- 22. http://goo.gl/cXqfq5. side the United States? Will there be increased 23. ABA resolution: http://goo.gl/DARWAI. 24. International Trade in Legal Services and Professional Regula- opportunities to work abroad without hurdles tion: A Framework for State Bars Based on the Georgia Experience by another country’s regulation? Will we expe- 25. Missouri v. Holland, 252 U.S. 416 (1920). rience a loss of state regulation of the legal profession? Will the federal government step in About The Author and begin regulation of the licensing of attorneys? There is no answer at this time. What is Kimber J. Palmer joined the clear, however, is this issue is not going to go faculty of Texas A&M Interna- away. Short of the United States modifying tional University in Laredo, Texas, GATS by withdrawing legal services, Oklaho- in 2000. In addition to being an ma and all other states, remain vulnerable to instructor of legal studies courses being preempted by the federal government in the A.R. Sanchez Jr. School of regarding its regulation of its legal profession. Business, she serves as the university’s pre-law advisor. Previously, 1. Charles R. McKirdy, “Before the Storm: the Working Lawyer in she practiced law in Oklahoma, primarily Oklahoma Pre-Revolutionary Massachusetts,” 11 Suffolk University Law Review 46 (1976). City. She is a graduate of OSU and the OU College of 2. From the American Bar Association website: http://goo.gl/ Law. She may be reached at [email protected]. nHu0kf, last accessed Oct. 15, 2014. 3. Supra, note 2.

2322 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 BAR NEWS

Spotlight Awards Emphasize Work of Women Lawyers

Five women attorneys were honored during a recent conference sponsored by the OBA Women in Law Committee, joining a group of nearly 100 honorees who have been recognized as Spotlight Award winners since 1996. Over the course of those 18 years, the Spotlight Awards have annually celebrated pioneering women lawyers who have distinguished themselves in the legal profession and paved the way for women lawyers of the future. Spotlight winners past and present attend the recent awards reception Why does this matter? In in Tulsa. Photographed are: (Front row from left) Linda Thomas, remarks made at this event, Peggy Stockwell, Judge Patricia Parrish, Judge Kimberly West. OBA President Renée DeMoss, Middle row: OBA President Renée DeMoss, Kimberly Hays, said women in the legal pro- Judge Deborah Barnes, Judge Lisa Tipping Davis, Kay Floyd, fession are not yet where they Justice Noma Gurich. Top row: Deirdre O’Neil Dexter, Jan Grant- need to be. Johnson. Photo credit: Ralph Schaefer, Tulsa Business News. “Women lawyers today owe a big debt of gratitude to those Pioneers Inspire Women Lawyers Today who came before us,” Presi- dent DeMoss said. “The earli- By OBA President Renée DeMoss est were in law school with In Leading the Way: A Look at Oklahoma’s Pioneering Women only one or two other women, Lawyers (Oklahoma Bar Association, 2003), retired 10th Circuit and they were sometimes scolded for taking up spaces in Justice Stephanie Seymour quotes Susan B. Anthony on the issue law school, and trying to take of remembering. In 1894, Susan B. Anthony was working tireless- jobs away from the men who ly to help women obtain the right to vote. really ‘deserved’ them. It is all She knew that once she was successful — once women did too easy for us to forget their obtain the right to vote — that people would soon forget that journey, and to forget that there was ever a time when women didn’t have that right. This is things haven’t always been as what Ms. Anthony said in 1894: they are today for women lawyers.” We women shall someday be heeded. And when we shall be heeded, and have our amendment, everybody will soon think it Ms. DeMoss cites a recent was always so, just exactly as many young people believe that all ABA study relating to women the privileges, all the freedoms, all the enjoyments which women in the legal world. Nation- wide, men make up 66 percent now possess always were theirs. They have no idea of how every continued on next page

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2323 of the legal profession and women 34 percent. single inch of ground that they stand upon today has been gained by the In Oklahoma, men make hard work of some little handful of women in the past. up 68 percent of the pro- It is these “little handful of women” who still inspire us today, and we fession and women 32 honor and remember them when we consider the Spotlight Awards. In percent. In Fortune 500 companies, men have 79 particular, I want to briefly share what three of those Oklahoma women percent of the general of the past had to say about their legal careers. counsel positions and Freddie Andrews (born in 1895, admitted to the Oklahoma bar in women 21 percent. 1934) – Ms. Andrews began her practice in Ada. She said that for Among our federal court many years, the only way she could get potential clients in the door was judiciary, 76 percent of to use the name “Fred” Andrews, not “Freddie.” She said this did get the judges are men, and them in the door, but once they were there, they often insisted on seeing 24 percent are women. a “real” lawyer – meaning a man. In our state courts, 73 percent of the judges Grace Elmore Gibson (born in 1886, admitted to the bar in 1929) are men, and 27 percent – Ms. Gibson’s husband was a judge, and she said she started studying are women. law so she could “be a good listener when her husband talked.” One In 2013, a woman time, after she asked her husband a question about one of his cases, he lawyer’s average weekly said, “I forgot for a moment that you don’t understand law.” Shortly after salary was only 78.9 per- that, she began pursuing a legal career. cent of a man’s; women In her practice, she often tried jury cases, even though at that time lawyers in the U.S. today women couldn’t serve on juries, and couldn’t in Oklahoma until 1952. are making 21 percent So when she had a jury trial, she was addressing only men jurors. About less than men lawyers. this, she said that she found herself “being a woman first, and then a law- “We are not at the end yer, not because she wanted it that way, but because her colleagues were of our journey, we are so acutely conscious that a woman was in the courtroom lawyering.” only in the middle” said Florence Adelia Revelle (born in 1903, admitted to the Oklahoma Ms. DeMoss. “Our current generation of Bar in 1933) – She opened her first law office in Ardmore “upstairs from women lawyers should Brenda’s Flowers on Main Street.” While she stated that she never felt honor those who came discriminated against in her career, she still had to stop practicing law before us while continu- because her husband’s employer thought that a woman’s place was in ing to push forward for the home. those who will come She had great stories to tell about her career. In one, she talked about after us. This is why the a time when she was in an office in Ardmore and saw a couple staring Spotlight Awards are at her. She heard the man say, “I think that is that lady lawyer.” The important and why we woman replied to him — in what Florence continue them today.” described as a good and loud voice, “She may be a lawyer, but she ain’t no lady.” Leading the Way: A Look at Oklahoma’s Pioneering Women Lawyers is available for purchase from the Oklahoma Bar Associa- tion. Contact the OBA Communications Dept. for more information.

2324 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 NEW PROGRAM

Kick It Forward New YLD Program to Help Financially Struggling Bar Members Pay Their Association Dues By Jennifer Heald Castillo

In keeping with the Young yers with financial Lawyer Division’s history of difficulties.” providing service, the OBA The Kick It Forward YLD is pleased to announce a program will be funded new service project for 2015. through donations The Kick It Forward program made specifically to the was designed to provide law- program through an yers in need with financial election on your next assistance in paying their OBA dues statement. By OBA dues. checking the “Kick It As explained by OBA YLD Forward” line item on Chair-Elect LeAnne McGill, your dues statement, “The OBA YLD received an lawyers agree to pay email earlier this year from a $20 to the Kick It For- fellow young lawyer asking for ward program (or the assistance in paying his yearly amount of your choice) bar dues. This young lawyer on top of annual dues. was struggling to make it on Additional funds for his own since he was unable to the Kick It Forward find a job at a law firm. Many program will be raised of us know at least one lawyer through a Kick It For- who is either unemployed or ward Kickball Tourna- underemployed after graduat- ment held in Oklahoma ing from law school. With hefty City in early April or late bar dues for our fellow lawyers law school loan payments and May of 2015. in need. little or no income, these new Check upcoming editions of WHO IS ELIGIBLE TO lawyers are faced with paying APPLY? the Oklahoma Bar Journal for their OBA dues to maintain additional details. One-hun- their license to practice law in Eligible recipients of the Kick dred percent of the funds raised Oklahoma or paying for more It Forward program will be through the Kick It Forward basic needs such as rent, gro- attorneys who: 1) are currently election on OBA dues state- ceries and utilities. The Kick It licensed and in good standing ments and the Kickball Tourna- Forward project was born out with the OBA; 2) reside primar- ment will be used to pay the of a desire to help fellow law- ily in Oklahoma; 3) are actively engaged in the practice of law or searching for legal employment; 4) are earning less than Look for the Kick It Forward line item $1,500 gross each month; and 5) on your OBA dues statement to help are willing to “Kick It Forward” and pay at least the amount fund this program. paid on the attorney’s behalf back into the program at some

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2325 future date. They do not need the Kick It Forward program or Jennifer Heald Castillo at to be YLD members. are available on a one-time [email protected] The Author basis only. In addition, each Upon approval of an applica- Jennifer recipient agrees to a moral obli- tion, the Kick It Forward pro- Heald Castil- gation to repay the funds paid gram will pay all or a portion lo is the Kick for his or her benefit back into of an attorney’s bar dues for the It Forward the program at some future calendar year in which that program co- date. Applications for the Kick attorney submitted an applica- chair and It Forward program will be tion for assistance. If the num- practices at made available on the OBA ber of applicants and eligible Hall Estill in website in 2015. recipients exceeds the funds Oklahoma available in the program, each For additional information, City. She is a past YLD chair. approved recipient will receive contact LeAnne McGill at an equal share of the available [email protected] funds. The funds available in

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2326 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 Enhance Your Networking, Join a 2015 OBA Committee Much of the work to make our association and profession better is done by committees. What they do is vital, and in so many different areas that there’s something of interest to everyone. Meeting other Standing lawyers and judges to expand your networking contacts is an extra Committees bonus to committee work. Technology makes geography a non-issue. If you can’t attend meetings in person, teleconferencing from your • Access to Justice desk and videoconferencing in Tulsa make participation easy. • Awards Ready to sign up? Option #1 - online at www.okbar.org, scroll down • Bar Association to the bottom of the page. Look for “Members” and click on “Join a Technology Committee.” Option #2 & #3 – Fill out this form and mail or fax as set forth below. I’m making appointments soon, so please sign up by • Bar Center Facilities Dec. 8, 2014. I look forward to working with you next year. • Bench and Bar • Civil Procedure and Evidence Code • Communications David Poarch, President-Elect • Disaster Response and Relief

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

Please Type or Print • Law Day Name ______• Law-related Education Telephone ______OBA # ______• Law Schools Address ______• Lawyers Helping Lawyers Assistance City ______State/Zip______Program • Legal Intern FAX ______E-mail ______• Legislative Committee Name Monitoring 1st Choice ______• Member Services 2nd Choice ______• Military Assistance 3rd Choice ______• Paralegal • Professionalism Have you ever served on this committee? If so, when? How long? • Rules of Professional 1st Choice q Yes q No ______Conduct 2nd Choice q Yes q No ______• Solo and Small Firm 3rd Choice q Yes q No ______Conference Planning n Please assign me to q one q two or q three committees. Besides committee work, I am interested in the following area(s): • Strategic Planning ______• Uniform Laws ______• Women in Law • Work/Life Balance Mail: David Poarch, c/o OBA, P.O. Box 53036, Oklahoma City, OK 73152 Fax: (405) 416-7001

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2327 FROM THE EXECUTIVE DIRECTOR

What Hasn’t Changed in the Practice of Law? By John Morris Williams

We all perceive we are young changed is that your word efforts in sustaining our democ- and immortal until we begin to should be your bond, and your racy. It is still our place and our find out most of the heroes of trust account should balance job to advance justice and call to our youth are long gone — and every day. account those who violate the our peers qualify for a senior law and the Constitution. I see Another thing that has not citizen discount. It is with yet every day great lawyers who changed is that good lawyers another AARP membership against great odds and personal are professional and civil. They application in my mailbox that sacrifice ensure that justice pre- work hard for their clients, show I presume the right to look back vails. I am so glad that has not up when they are supposed to a bit. changed. and bend over backwards to Cell phones, fax machines, ensure the client’s case, not the Lastly, the other thing that has personal computers, virtual law lawyers’ disagreements, is the not changed is that the system is offices, iPads and email were exclusive matter to be resolved. not perfect. Comparing the all things in the future when world over, there exists no better Above all else, the one certain I began practicing law. All of legal system. However, the sys- thing that has not changed is them are common and essen- tem does not always work. The that people need our help. As tial now. Technology has so good news is that one enduring legal costs continue to increase, advanced and intertwined itself principle of the practice of law we find more people unable to into the practice of law that the has not changed one bit — afford legal services. Since the ABA in Ethics 20/20 places an lawyers work for solutions to beginning of our profession, ethical obligation on being tech perfect the system. One shining lawyers have had an obligation savvy. I will leave the testing of example is the Innocence Proj- to ensure that the rule of law is that knowledge to someone else. ect. It is lawyers on both sides of upheld for both the popular and the bar who toil to ensure that Sure, lots of things have the unpopular. So too have we when the system fails, justice changed. But the essentials of had an obligation to ensure that still be sought. From the day I being a good lawyer have not. both the wealthy and the pauper took my oath until this day that First and foremost is the utmost have their day in court. That has not changed one bit. in integrity in dealing with cli- means that some days we have ents, courts and peers. No mat- to lay down our billing tool and Ethically, professionally and ter how many gadgets you own, pick up the cause of those who unselfishly taking care of peo- none of them can replace or cannot pay. The justice system ple’s problems and upholding repair your reputation. Your that sustains us is only sustain- the rule of law has not changed integrity is found not only in able if truly there is “justice for one bit. your words, but also in your all.” The call of the Constitution deeds. We continue to see for all people to stand equally increasing claims on the Clients’ before the bar of justice has not Security Fund. Unfortunately, a changed. very small percentage of our Another thing that unfortu- peers give ready ammunition to To contact Executive Director nately has not changed is that those who wish to condemn our Williams, email him at johnw@ lawyers are not universally entire profession. What hasn’t okbar.org. loved and appreciated for our

2328 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 LAW PRACTICE TIPS

Thinking About Tomorrow By Jim Calloway

“Navigating the Changing Lawyers today and see how I’m not objective about cri- Legal Profession” is the theme much of it you can read before tiquing my own advice, but for this month’s edition of the the OBA Annual Meeting. my prediction is you will Oklahoma Bar Journal and the (Amazon has the Kindle ver- determine that one priority OBA Annual Meeting. That’s a sion for $10.49 and the physi- is to do a better job of docu- topic in which I have much cal book for $18.86 as this is menting your processes and interest. Every lawyer not written.) building your checklists and actively engaged in finalizing unique office procedures 2) Register for and attend the their retirement plans should manual. You may even order OBA/CLE program “Tools for also pay attention to future a copy of the Checklist Mani- Tomorrow’s Lawyers” Nov. 12 trends. festo by Atul Gawande, if you in Tulsa. Register at http://goo. have not read it previously. But it’s not that easy. gl/J2kJhn. I served as program planner for this, and I will start Why do I say that? Because First of all, lawyers are busy the day with a presentation that is the low-hanging fruit – — really busy. When your plate titled “Lawyers and Change: the part that is understandable is completely full, it is hard to How to Survive in the Future and unobjectionable. You may invest a lot of time considering You Didn’t Expect” followed by be skeptical of some of the things that may or may not a lineup of great programs by a darker, more challenging happen years in the future. Sec- number of great presenters. predictions of the future of law- ond, lawyers operate in a world yers, about whether artificial based on adherence to prece- 3) Register for and attend intelligence will really be dent and minimization of risk. the OBA Annual Meeting applied to legal advice some- “We’ve always done it that where on Nov. 14 you will have day, the meaning of venture way” is often persuasive in the opportunity to hear Profes- capital money flooding into many business settings and cer- sor Richard Susskind speak legal service startups or wheth- tainly sets the tone for much of twice, first at the President’s er consumers will increasingly the legal profession. So the fact Breakfast panel discussion turn to do-it-yourself legal that many of those discussing (MCLE credit for registered websites for their needs. But it the future of the legal profes- attendees) and then at the is hard to argue that it’s a bad sion predict significant change Annual Luncheon. Register at thing to document office pro- ahead does not make for a wel- www.amokbar.org. Annual cesses so that everyone is fol- comed message. We all cope Luncheon tickets must be pur- lowing best practices and using with change, but few of us real- chased separately. checklists to deliver a consis- ly enjoy it. 4) Schedule an uninterrupted tent work product more quickly Oklahoma lawyers have sev- hour (just one hour!) the week and efficiently. This will result eral opportunities to become or weekend after OBA Annual in almost immediate benefits more educated about the future Meeting for you to think about whatever the future holds. and potential changes for the the presentations above and But even that simple (and legal profession this month. determine what is most impor- some may say obvious) first tant for your practice. Make step to reorganizing your law Here’s my quick list for you: some notes and plans about office comes at a cost. For the what you plan to do for your 1) Buy a copy of Professor busy solo practitioner, it is response. Richard Susskind’s Tomorrow’s another significant investment

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2329 of time that is not billable to cli- work for referrals and associat- business units. On the company ents, even though it might lead ing with other lawyers on some blog, he writes “Lawyers, the to greater profitability in the types of legal work. End is Not Nigh for You – future. For the lawyer in a firm, Bring Wisdom.”3 I would Certainly a major trial or whether small or large, there encourage you to read his large transaction closing is may be resistance and institu- entire post, but he gave me already an exercise in project tional challenges. permission to share this great management skills and legal example of a lawyer’s wisdom Here’s just one example: A skills. With the combination of with you. law firm should harness the increasingly powerful technolo- creativity and talents of the gy tools and more people with Lawyers Are Processors lawyers involved to produce deep expertise and skills in lim- With Wisdom the very best result for every ited areas, tomorrow’s lawyers While I agree we will contin- single client. That means that may find themselves acting like ue to see routine legal prolaw office staff should no lon- the conductor of the orchestra, cessing moved from lawyer ger open new client files one managing both technology to computer, I disagree with way for one lawyer’s file and a tools and people to accomplish Mr. McClead’s basic premise different way for another law- good legal work. that law firms and lawyers yer. Internal standardization is are nothing more than legal important for your future suc- processors. Processing is cess and that applies to file part of what we do, and an setup as well as uniform lan- important part, but not all of guage in routine documents. If A law firm what we do. The part miss- all of the lawyers in a firm can- should harness the ing from the legal processor not agree on whether “COMES description can best be sum- NOW the plaintiff” language in creativity and talents marized as wisdom. a petition should be maintained or retired as superfluous, then of the lawyers involved A client asks for advice on that is not a positive sign to produce the very firing an employee. The regarding other decisions that employee’s performance has will need to be made for the best result for every been rated average for most firm in changing times. of her almost 30-year career. single client. In the past three years, how- WHAT DO I REALLY THINK ever, her performance has ABOUT THE FUTURE OF LAW PRACTICE? slipped. She is 59 years old and has failed to keep up The answer to that question, I would also direct your with technology. She can do as Professor Susskind demon- attention to Professor Hender- work on a computer, but oth- strates, merits more of a book- son’s blog post on The Legal ers in her department are length response than one the Whiteboard2 “A Counterpoint faster and more facile with length of a bar journal article. to ‘The most robust legal mar- software. Her department manager, an up-and-coming But I think it is safe to predict ket that ever existed in this manager in his late 30s, is that there is a lot of truth in the country,’” where he makes the under pressure to increase title of Professor William D. observation that “the artisan productivity. He wants to Henderson’s law review article, lawyer cannot keep up.” terminate the employee and “Three Generations of U.S. This is not to say that the bring in a replacement (who Lawyers: Generalists, Special- future for the legal profession is he already has identified) ists, Project Managers.”1 Even overwhelmingly negative. who is in her early 40s. The though legal ethics rules pre- question to you is whether vented most lawyers from Ken Grady is the chief execu- the risk of the company using the term “specialist,” we tive officer of SeyfarthLean getting sued is relatively all know that few lawyers have Consulting, a company that low if the manager fires been comfortable doing “every- works with organizations the employee. thing” for quite some time now around the world to provide and even most remaining gen- solutions for in-house legal This seems like a straightfor- eral practitioners have a net- departments and other strategic ward question for Mr.

2330 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 McClead’s digital legal pro- employees frequently con- ing to the other employees cessor. Identify the risk fac- sult her about products or that they are valuable to the tors, consider the law in the services. Her co-workers company.” relevant jurisdiction, and don’t complain about her Reprinted with permission. compute a probabilistic risk performance level. Rather, range for a lawsuit. they have gone out of their Be wise. Work hard. Take way to help her keep going. good care of your clients. None A good lawyer will go fur- She has planned for years to of those tools for success are ther. When did the employ- retire at age 62 when her likely to change in the future. ee’s performance start husband retires and they can declining? Is she well-liked move into their lakeside cot- Your incorporation of project amongst her peers? Is the tage. Her sister and brother- management skills and the company aware of any in-law both worked at the smart use of technology should changes affecting her at company. be and will be increasing in the the time her performance future. Mr. Grady also notes in dropped off? Apart from Based on all of the informa- a subsequent blog post that the performance, what is her tion, the lawyer advises the role of lawyers will change as history with the company? department manager that he technology takes over a sub- Since the employer is a could fire the employee and, stantial portion of what we do family-owned business in while there is some risk of a today. That is not happening a smaller community, does lawsuit, the likelihood of a with the sunrise tomorrow. But she have other connections successful one is manage- it is evolving for our tomor- to the company? able. But, the lawyer encour- rows. Today’s office procedures ages the department manag- manual may become tomor- As the lawyer flushes out er to think more broadly row’s automated law firm pro- the story, we learn that the about how to handle the sit- cess, which might be the very employee lost her mother uation. The company is best reason to start document- to cancer and her son, a financially strong, notes the ing and developing your proce- Marine, to enemy fire, within lawyer. She suggests the dure manuals today. three months of each other. It department manager work was a few months later that with the human relations 1. Maryland Law Review, Vol. 70, No. 1, 2011 her performance level started Online: http://goo.gl/Pfld3H department to find a differ- to decline. She joined the 2. http://goo.gl/csPKvL ent role for the employee for 3. http://goo.gl/563IFW company 30 years ago when the remaining two-plus years the founder hired her as the Mr. Calloway is OBA Manage- until her planned retirement. company’s first customer ment Assistance Program director. The new role would allow service representative. She Need a quick answer to a tech the employee to keep work- knows everyone in the com- problem or help resolving a man- ing, recognize that she prob- pany and is very well liked. agement dilemma? Contact him at ably feels the pressure of not Because she has been around 405-416-7008, 800-522-8065 or being technologically adept, so long, she is the unofficial [email protected]. It’s a free member and would allow her to retire company historian and benefit! with dignity while reinforc-

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2331 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association DeMoss regarding lawyer suc- President DeMoss, NABE and Board of Governors met at the cession materials and the TU NCBP meetings, staff budget Hyatt Regency Hotel in Tulsa College of Law reception for meetings, a budget meeting on Friday, Aug. 22, 2014. President DeMoss. She also with President-Elect Poarch, REPORT OF THE worked on planning for the Tulsa County Bar Association PRESIDENT joint board event for OBA/ annual luncheon and TU OBF in September. College of Law reception. President DeMoss reported REPORT OF THE BOARD MEMBER REPORTS she conducted the annual PRESIDENT-ELECT evaluation of the executive Governor Dexter reported director, presented 50- and President-Elect Poarch she attended the July Board of 60-year membership pins to reported he attended the July Governors meeting held by practitioners at a ceremony in board telephone conference conference call, Creek County Ardmore and wrote an Okla- meeting, Solo & Small Firm 100th anniversary celebration homa Bar Journal article. She Conference Planning Commit- at the Creek County Court- was honored for her contribu- tee meeting and initial 2015 house, Tulsa County Bar Asso- tions to the legal profession OBA budget meeting with ciation annual luncheon and by the TU College of Law at a Executive Director Williams reception honoring President back-to-school welcome recep- and Administration Director DeMoss, held at the University tion, attended by students, Combs. He attended the ABA of Tulsa College of Law. She faculty, alumni and members Annual Meeting, Southern also solicited and received of the Oklahoma legal commu- Conference of Bar Presidents nominations from past recipi- nity. She participated in Pro- meeting and National Confer- ents for the 2014 Mona Salyer fessionalism Committee Sym- ence of Bar Presidents meet- Lambird Spotlight Awards and posium planning, planning ing, all in Boston. solicited award nominations sessions for the OBA Annual REPORT OF THE for OBA awards by email and Meeting, OBA/OBF joint PAST PRESIDENT telephone. Governor Hays meeting, lawyer succession/ reported she attended the July transition planning, Trial Col- Past President Stuart report- Board of Governors meeting, lege planning and planning ed he attended the July Board TU College of Law reception sessions for the Law Schools of Governors meeting, execu- for President DeMoss, OBA Committee visit at OU. In tive director review, National Family Law Section monthly Boston she attended ABA Conference of Bar Presidents meeting, OBA FLS Trial Advo- meetings as an Oklahoma and Southern Conference of cacy Institute as a mentor, delegate and the meetings of Bar Presidents meetings and OBA FLS Annual Meeting the Southern Conference of served as an ABA House of Planning Committee meeting Bar Presidents and National Delegates delegate in Boston. and Creek County Courthouse Conference of Bar Presidents. 100 year celebration. She also REPORT OF THE REPORT OF THE EXECUTIVE DIRECTOR communicated with the Pro- VICE PRESIDENT fessionalism Committee Executive Director Williams regarding CLE planning. Vice President Shields reported he participated in Governor Jackson reported reported she attended the July numerous conversations with he attended the Board of Board of Governors meeting, staff members and vendors Governors Audit Committee Diversity Committee meeting, regarding the new manage- meeting, several Bankruptcy meetings and conversations ment software. He attended a Judge Selection Committee with OBA Ethics Counsel Tra- 50- and 60-year membership meetings for the U.S. Bank- vis Pickens and President pin event in Ardmore with ruptcy Court for the Western

2332 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 District of Oklahoma and YOUNG LAWYERS 4 percent compared to last the July Board of Governors DIVISION REPORT year. She reported auditors meeting. Governor Knighton, followed several financial Governor Hennigh reported unable to attend the meeting, transactions and found no he chaired a YLD board meet- reported via email he attended problems. There were no ing at which board members the July Board of Governors issues with the audit to dis- assembled bar exam survival meeting. Governor Marshall cuss. The board voted to kits, and the division will hold reported he attended the July accept the audit report. social events next month for board meeting by telephone, new members. Next year 10 KICK IT FORWARD Licensed Legal Intern Com- YLD board seats will be PROGRAM mittee meeting in Oklahoma vacant, and they are looking City and TU reception hon- The board approved the forward to new faces. He was oring President DeMoss. Young Lawyers Division proud to announce that the Governor Parrott reported request to include on the 2015 YLD recently received a first she attended the July Board dues statement the opportuni- place Award of Achievement of Governors meeting, Audit ty to donate to the Kick It For- from the ABA for the divi- Committee meeting and the ward Program. It was noted sion’s community service reception honoring President the other donation options on during 2013. DeMoss. As an Awards Com- the dues statement are the mittee member, she solicited BOARD LIAISON REPORTS Oklahoma Bar Foundation OBA award nominations by and Lawyers Helping Law- Governor Hays reported the email and telephone. Gover- yers Foundation. Solo & Small Firm Conference nor Sain reported he partici- Planning Committee held its INFORMATION pated in the July Board of first meeting to begin planning TECHNOLOGY STRATEGIC Governors meeting and next year’s conference. Based PLAN REPORT McCurtain County Bar Asso- on good reports received from ciation meeting. He raised Executive Director Williams this year’s attendees, the con- more than $35,000 at a charity reported a draft of the 2015 ference will be held again at auction he organized for a budget worksheet for the the Hard Rock Casino Resort young boy diagnosed with Information Technology in Tulsa. Vice President Shields cancer in his community. Department has been prepared reported the Diversity Com- Governor Smith reported he and implementation of the mittee held a meeting via con- attended the July Board of new member database is ference call. President DeMoss Governors meeting and the underway. The OBA will need said the committee’s guest Muskogee County Bar Asso- to continue to build on the speaker, Paulette Brown, has ciation meeting. Governor system, such as adding the asked to come to Oklahoma Stevens reported he attended ability to track members’ the day before the Diversity the July Board of Governors MCLE credit from about 800 Committee conference to meet meeting, August Cleveland CLE providers in Oklahoma with students. Governor Ste- County Bar Association meet- and many states. The many vens reported the Rules of ing, retirement reception for variables make adding the Professional Conduct Commit- Judge Charles Johnson and MCLE component to the asso- tee discussed proposed chang- ciation management software Rules of Professional Conduct es to Rule 3.3 and will not Governor system a challenge. He said an Committee meeting. revisit the issue of duty to Thomas outside source will be hired to reported she partici- report fraud to the court. pated in the nominations pro- build the system. Executive cess for the 2014 Mona Salyer 2014 AUDIT REPORT Director Williams reported Lambird Spotlight Awards. videoconferencing is another Auditor Stacey Vascellaro project under consideration She attended the Washington with Smith Carney said this is with a lot of options. Tulsa- County Bar Association the accounting firm’s fifth year area board members expressed monthly meeting and recep- to conduct the audit of the their opinions that videocon- tion honoring President OBA. She reviewed the firm’s ferencing is an important DeMoss, held at the TU findings in which the associa- member benefit. Improve- College of Law. tion’s assets have increased ments will also need to be and expenses were reduced made to the OBA website to

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2333 make it more mobile device Shirley, Watonga, to complete mandatory bar associations in friendly. The OBA-NET online the unexpired term of Jon Wisconsin, Utah and Nebras- message board and file shar- Parsley, who was appointed ka. He noted this seems to be ing member benefit is old to the bench. The term will a trend across the country. technology with minimal tech expire Dec. 31, 2015. NEXT MEETING support. Another software to EXECUTIVE SESSION replace OBA-NET is being The Board of Governors met considered. He said technolo- The board went into Sept. 26 in Oklahoma City and gy is a major investment with executive session to discuss Oct. 24 in Lawton. A summary many projects identified, the executive director’s of those actions will be pub- and funding will need to be evaluation. lished after the minutes are ongoing. approved. The next board RECENT EXPERIENCES OF PROFESSIONAL STATE BAR ASSOCIATIONS meeting will be Wednesday, RESPONSIBILITY Nov. 12, 2014, at 4 p.m. at the COMMISSION Executive Director Williams Hyatt Regency Hotel in Tulsa shared with board members in conjunction with the OBA The board approved Presi- the background of recent legis- Annual Meeting. dent DeMoss’ recommenda- lative challenges to unified/ tion to appoint F. Douglas

www.okbar.org Your source for OBA news.

At Home At Work And on the Go

2334 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 BAR FOUNDATION NEWS 2014 Grant Awards The OBF is Achieving its Mission By Dietmar K. Caudle

The Oklahoma Bar Foun- required participation in the OCU School of Law, American dation Board of Trustees is “Helping Children Cope with Indian Wills Clinic pleased to announce 2014 Grant Divorce” program in Tulsa Funding for clinic staffing plus Awards approved at the Sept. County area. $7,000 travel costs to provide legal ser- 25 Trustee meeting in Oklaho- Family Shelter of Southern vices and to further educate the ma City. The year-to-date total Oklahoma, Victims of legal community on complex Indi- for the regular OBF Grant Domestic Violence Program an land issues in Oklahoma, state- Awards, Court Grant Awards Funding toward support of the wide services with an emphasis in and law student scholarships is domestic violence/sexual assault western portions of the state while $460,681. By year’s end, this victim’s Court Advocate position providing law students with edu- total is expected to increase to for Carter and Murray Counties. cation and professional develop- $500,000 with the help of our $5,000 ment opportunities. $18,000 generous contributors. The list of the 18 regular grant award Legal Aid Services of Oklahoma Lawyers for recipients is as follows: Oklahoma, Inc. Children Inc. Funding for unrestricted opera- Funding to maintain legal assis- Center for Children tional expenses to provide access to tance and advocacy to children & Families Inc. civil legal services for low-income and financial assistance with new Funding for general support of the and elderly Oklahomans, statewide attorney GAL program for repre- free Divorce Visitation Arbitration service area. *$106,200 sentation of traumatized innocent program that provides services to children in juvenile court and work with the court in the provi- Low-Income Taxpayer Legal emergency showcase hearings in sion of parent education and moni- Clinic at OILS state’s largest county, Oklahoma toring of court ordered supervised Provision of legal services state- County. $40,000 visitation and exchange services wide for all low-income Oklaho- for children in Cleveland County. mans providing legal tax help Senior Law Resource Center, $10,000 and education through tax Elder Law Educational/ court representation. $10,000 Outreach Program Community Crisis Center Inc. Funding to support the law stu- Funding of the part-time domestic Marie Detty Youth & Family dent elder law intern program to violence/sexual assault victim’s Services Center provide assistance with research, OBF court advocate position for Funding toward support of the provision of free legal services and Ottawa County. $5,000 domestic violence/sexual assault victim’s Court Advocate position educational outreach programs to Domestic Violence Interven- in a six-county area with emphasis promote informed thoughtful tion Services/Call RAPE Inc. in Comanche County and diminished capacity, incapacity Funding to support the domestic Fort Sill. $12,000 planning and elder financial violence/sexual assault victim’s exploitation while providing OBA-YLD Oklahoma Tulsa County court advocate law students with education High School Mock Trial position for delivery of civil legal and professional development Program services to low-income survivors. opportunities $12,000 $12,000 Overall program support in total for presentation of the high school Teen Court Inc. Family & Children’s mock trial program through Operational costs of the first Services Inc. national competition, statewide offender program and education of Funding of Tulsa Family Court coverage. $46,600 students for positive resolution of program to support children’s

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2335 misdemeanor offenses in Coman- scholarships for Judicial Program entrust their charitable gifts to che County area. $17,500 Competition at the ABA in Chicago the OBF Board of Trustees. The $4,000 OBF truly remains the charita- Tulsa Lawyers for ble heart of the Oklahoma Bar Children Inc. Total Regular OBF Grant Association. Funding to maintain staff to pro- Awards: $345,066 vide legal assistance and advocacy *amount to be revisited at the close As an illustration of team- to children and continued program of the year work, the Oklahoma Bar Asso- expansion for representation of ciation Board of Governors and traumatized innocent children in Following the day-long appli- the Oklahoma Bar Foundation juvenile court and emergency cant interview meeting on Aug. Trustees met for their annual showcase hearings in state’s second 22, the OBF Grants and Awards joint dinner in Bricktown on largest county, Tulsa County. Committee submitted grant rec- Sept. 25 to collaborate and cele- $25,000 ommendations to the board brate the grant awards. The with the assistance of OBF group of bar leaders and staff TU Boesche Legal Clinic, Trustee Jeffrey Trevillion Jr.’s enjoyed viewing a segment of Immigrants Rights Project Funding for the clinical legal education program to provide legal services to vulnerable non-citizen residents of Oklahoma while providing law students with education and professional development opportunities to include court travel costs outside of the state, interpreters and expert witness fees not provided by other means; services in Tulsa County and the OBF President Dietmar Caudle and OBA President Renée DeMoss eastern portion of the state. celebrate grant awards with their boards at a recent joint dinner. $6,766 Wlm. W. Barnes Children’s the new OBF Video Story Advocacy Center, Child Abuse nonprofit financial analysis for depicting grantee success Training Program 2013-2014, detailing grantee stories. The OBF theme of Funding to support a professional revenue, salaries, salary reve- “Lawyers Transforming Okla- multidisciplinary team training nue ratio, number of clients homa Citizens Lives” and its approach for training and support served and cost per client clearly defined mission of the to recognize, respond and report served. Mr. Trevillion’s com- promotion of justice, the fund- child abuse for educational, law mentary included an assess- ing of critical legal services and enforcement, childcare and welfare ment of the grantee organiza- the advancement of knowledge personnel in an effort to reduce tion’s qualified or unqualified of the law for all Oklahomans further trauma to child abuse independent auditor reports. was boldly evident in the video victims in Rogers, Mayes and Some $590,000 in needs was that will be available to share Craig Counties $3,000 reviewed with $345,066 avail- during the November Annual able for awards. These 18 state- Meeting and on the OBF web- Youth Services of Tulsa, wide grant programs served site, www.okbarfoundation.org. Broken Arrow Youth Court more than 56,000 Oklahomans Provision of funding for first and their families though their To be able to continue on this offender youth court for the legal ability to advance education, successful path of grant-giving services portion of the program in citizenship and justice. so that more deserving Oklaho- Broken Arrow area. $5,000 mans can be served, the OBF These grant awards would reaches out to you as fellow YMCA, Statewide Youth In not have been possible without lawyers to enlist a lawyer, law Government Program our revenue sources from our firm or affiliate group to join Funding of the Youth Model Legis- Fellows, Community Fellows, the OBF umbrella of giving lative Day at the Capitol, 7th and Cy Pres Awards, IOLTA trust today. Please remember that, 8th grade students, and student account income and donations “We cannot receive if we do from Oklahoma citizens who not ask.”

2336 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014

2014 OBF Fellow and Community Fellow Enrollment Form 2013 OBF Community Fellow Enrollment Form

Name, UGroupNITE name, TO Firm PROVIDE or other HELP FOR affiliation THOSE ______IN NEED AS AN OBF OMMUNITY C F ELLOW

Mailing and OBA Delivery Section or Caddressommittee ______Law Firm/Office County Bar Assoc. IOLTA Bank Corporation/Business Other Group

City/State/ZipGroup Name: ______Contact: Phone Ma______iling & Delivery Address: Email ______City/State/Zip: FELLOWPhon ENROLLMENTe: ONLY E-‐Mail: o Attorney o Non-attorney The OBF Community Fellows is a new benevolent program of the Oklahoma Bar ___ I want toFou be ndanat OBFion al Fellowlowing ornowgani –z Billations me and later groups ___ to $100 unite enclosed with i ndividu andal bill law annuallyyers who are OBF llows Fe to support a commo n c ause: T he promotion of justice, provision of ___ Total amountlaw-rel enclosedated serv i$1,000ces, and advancement of ___ public awa New reness lawyeran d 1stbetter year, und $25ersta enclosednding of & bill annually as stated ___ New lawyerthe within law. 3 years, $50 enclosed and bill annually as stated ___ I want to be recognized at the higher level of The OB F Provides Funding For: Sustaining OBF Fellow NEEDS and will YOUR continue HELP my TO annual ___ I want to be recognized at the highest • Free legal assistance for the poor and elderly gift of $100 SERVE O KLAHOMANS Leadership level of Benefactor Fellow and • Safe haven for the abused (initial pledge should be complete) annually contrbute at least $300 IN NEED! (initial pledge• Protection should be and complete) legal assistance for children ___ My charitable contribution to help offset the • Public law-‐related education programs, including programs Grant Program CrisisGIVE T ODAY AT for school children WWW.OKBARFOUNDATION.ORG • Other activities that improve the quality of justice for

COMMUNITY FELLOWall Oklahomans ENROLLMENT ONLY o OBA Section or Committee o Law firm/office o County Bar Association o IOLTA Bank o Corporation/Business o Other Group Choose from three ti ers of OBF Community Fellow support to pledge your group’s help: $ Patron $2,500 or more per year Choose from three tiers of OBF Community Fellow support to pledge your group’s help: $ Partner $1,000 -‐ $2,499 per year $______Patron $2,500 or more per year $ Supporter $250 -‐ $999 per year $______Partner $1,000 - $2,499 per year

$______Supporter $250 - $999 per year Signature & Date: OBA Bar# Print Name & Title: Signature and Date ______OBA Bar # ______OBF Sponsor: Print Name Please and Title kindly ______make checks payable to: Oklahoma Bar Foundation P O Box 53036 Oklahoma City -‐ OK 73152 3036

OBF Sponsor (If applicable) ______Phone: (405) 416-‐7070 • E-‐Mail: [email protected]• Kindly make checksThank payable to: Oklahoma you your for Bar Foundationgenerosity • PO Box 53036 and Oklahoma City, support! OK 73152-3036

405-416-7070 • [email protected] • www.okbarfoundation.org

THANK YOU FOR YOUR GENEROSITY AND SUPPORT!

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2337 YOUNG LAWYERS DIVISION

Lawyers Urged to Embrace Future Legal Changes By Kaleb Hennigh

In late September I attended only staying abreast of all the effectively place yourself in a the swearing-in ceremony evolving case law and being position of knowledge and to and had the opportunity to vigilant in keeping our MCLEs serve as an expert when phone address and welcome over current, but also looking for calls or emails regarding legal 280 new young lawyers into ways to keep our daily prac- repercussions of an action or our profession. Standing tice progressive, efficient and the ramifications of a new before them on the floor of the forward looking. We cannot development within an indus- House Chamber at the Okla- rely on the procedures imple- try develops. homa State Capitol, I wit- mented by our predecessors or During my welcome on the nessed each new young law- even those philosophies of House chamber floor, I encour- yer recite an oath committing current partners and practitio- aged all new admittees to har- themselves to defending our ners who have been practicing ness the skills, talents and laws and upholding its vir- for 30 or 40 years. knowledge that they pos- tues. While addressing the sessed prior to attaining new admittees during the admission to the bar and ceremony, Chief Justice Tom implement and incorporate Colbert stated something them into their legal practice. that continues to resonate The profession Recently during the ABA YLD with me today. we have chosen is annual meeting in Portland, He instructed these new Ore., I met a young lawyer young lawyers that as they exciting and will who has taken her skills and entered this profession, they ambitions and brought them are committing themselves forever be evolving. to her practice. This young to defending and protecting woman has successfully man- not only the laws that have aged to position herself at the been made, interpreted and center of one of the most pop- enforced for many years, but Our clientele and the indus- ular entertaining sports indus- also to laws that have yet to try itself is changing at a rapid tries today. She was conduct- be made and more important- pace, and in order to meet the ing a CLE on the changing and ly to areas of this industry that challenges facing us, we must evolving legal profession and have yet to be developed. continue to be forward look- was speaking about her own That’s right, the legal profes- ing or we will be left behind. niche practice within the sion is one of constant change, Fellow young attorneys, we MMA, that being the mixed whether due to science, tech- must stay tuned in as to what martial arts industry. nology or legal interpretation. is going on in current events Tracey S. Lesetar is the gen- both within our communities The profession we have cho- eral counsel for Bellator MMA, and on a national and global sen is exciting and will forever a mixed martial arts promo- level. be evolving. We, as young tion organization owned by practitioners, need to always You must be prepared to Viacom Media Networks. Fol- remain progressive in our identify market trends and be lowing her presentation, I had practice management and cli- vigilant in locating and learn- an opportunity to visit with ent services. This means not ing about new industries to her one on one at a network-

2338 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 ing breakfast, and she shared fXjqu3. Tracey wrote an article working opportunities to her story with me about how for The Young Lawyer, a publi- ensure you remain forward her own passion and practice cation within the ABA in looking. Be great!! of MMA lead her to be the sole which she goes into specifics attorney for one of the largest about her practice and the way MMA promotional companies she made her way into the About The Author in the world. She has a fasci- industry. nating story, is very easy to Kaleb I challenge each of you talk to and willing to share her Hennigh to remain vigilant in your story — hoping that so many practices in day-to-day practice. Commit other young attorneys will Enid and yourselves to maintaining a take their own passions and serves as progressive practice and incor- incorporate them into their the YLD porate your passion into your profession. chairperson. profession. I hope to see you He can be For a more detailed look into all at the OBA Annual Meeting contacted at Tracey’s niche practice, you this month, where you can cer- [email protected]. can find it at http://goo.gl/ tainly find resources and net-

YLD MEMBERS: Have you voted? All Young Lawyer Division members (admitted to the practice of law within the past 10 years) should have received an email from the OBA with a link to YLD Board of Directors elections. Votes must be cast by 5 p.m. Friday, Nov. 7, 2014. Election results will be announced at the YLD Annual Meeting held in conjunction with the OBA Annual Meeting and posted on the YLD website.

Being a Member Has Its Perks

q www.okbar.org — main site or front door for the OBA with links to all other OBA Web presences and much information for members as well as a great deal of information for the public.

q Online CLE — quality OBA/CLE online programming, plus online seminar programs from other state bar associations. It’s a convenient way to get up to six hours MCLE credit.

q Practice management/ technology hotline service — free telephone calls to the Management Assistance Program (MAP) staff and the OBA Director of Information Systems for brief answers about practical management and technology issues, such as law office software, understanding computer jargon, staff and personnel problems, software training opportunities, time management and trust account management. Call (405) 416-7008.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2339 CALENDAR OF EVENTS November

4 OBA Government and Administrative Law Practice Section meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City with teleconference; Contact Scott Boughton 405-717-8957

6 OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Kim Reber [email protected]

OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; University of Tulsa College of Law, John Rogers Hall, 3120 E. 4th Pl., Rm. 206, Tulsa; RSVP to Kim Reber [email protected]

7 OBA Alternative Dispute Resolution Section meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with OSU Tulsa, Tulsa; Contact Jeffrey Love 405-286-9191

11 OBA Closed – Veteran’s Day observed 12-14 OBA Annual Meeting; Hyatt Regency, Tulsa; Contact Mark Schneidewent 800-522-8065

18 OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City with OSU Tulsa, 4 OBA Lawyers Helping Lawyers discussion group Tulsa; Contact Judge David Lewis 405-556-9611 meeting; 6 p.m.; Office of Tom Cummings, 701 NW 13th St., Oklahoma City; RSVP to Kim Reber OBA Mock Trial Committee meeting; 5:30 p.m.; [email protected] Oklahoma Bar Center, Oklahoma City; Contact Judy Spencer 405-755-1066 OBA Lawyers Helping Lawyers discussion group meeting; 6 p.m.; University of Tulsa College of Law, 19 OBA Clients’ Security Fund meeting; 2 p.m.; John Rogers Hall, 3120 E. 4th Pl., Rm. 206, Tulsa; Oklahoma Bar Center, Oklahoma City with OSU Tulsa RSVP to Kim Reber [email protected] Tulsa; Contact Micheal Salem 405-366-1234 5 OBA Alternative Dispute Resolution Section Ruth Bader Ginsburg Inn of Court; 5 p.m.; meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma Oklahoma Bar Center, Oklahoma City; Contact City with OSU Tulsa, Tulsa; Contact Jeffrey Love Donald Lynn Babb 405-235-1611 405-286-9191

27-28 OBA Closed – Thanksgiving observed OBA Family Law Section meeting; 3 p.m.; Oklahoma Bar Center, Oklahoma City with tele- December conference; Contact M. Shane Henry 918-585-1107 6 OBA Young Lawyers Division meeting; 10 a.m.; 2 OBA Government and Administrative Law Oklahoma Bar Center, Oklahoma City; Contact Practice Section meeting; 4 p.m.; Oklahoma Bar Kaleb Hennigh 580-234-4334 Center, Oklahoma City with teleconference; Contact Scott Boughton 405-717-8957

2340 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 FOR YOUR INFORMATION

Justice Sotomayor Visits State U.S. Supreme Court Justice Sonia Sotomayor recently paid a visit to each of Oklahoma’s three law schools and toured the Oklaho- ma Judicial Center. During her visit she talked to law students, faculty, alumni and others about issues such as diversity on the high court, tribal law issues, and challenges and opportunities facing the legal profession. While speaking at OCU School of Law on the 13th anniversary of the U.S. Supreme Court Justice Sonia Sotomayor (center) is present- 9/11 terrorist attacks, she reflected with a Kiowa Tribe ceremonial blanket during her visit to the ed on her experiences working in Oklahoma Judicial Center. Making the presentation on behalf of a courthouse near the World the tribal chairperson were 2011 OBA President Cathy Chris- Trade Center in New York City. tensen (left) and OBA President Renée DeMoss.

OBA Celebrates Diversity During Conference, Luncheon Six individuals and organizations were recently recognized by the OBA Diversity Committee for their efforts promoting diversity in Oklahoma. The awards were presented during the annual OBA Diversity Conference held in October in Oklahoma City. American Bar Association Presi- Justice Noma Gurich, keynote speaker ABA dent-Elect Paulette Brown served as keynote President-Elect Paulette Brown, Judge Vicki speaker during the conference, sharing her own Miles-LaGrange and OBA President Renée experiences as the first woman of color elected to DeMoss attend the OBA Diversity Conference the top ABA leadership position. Also taking in Oklahoma City. place was a panel discussion focusing on the topic of diversity in the legal profession. Serving as panelists were Judge Jerome Holmes of the 10th Circuit Court of Appeals; Melvin Hall, shareholder with the Riggs Abney Law Firm, and Loretta Radford, first assistant for the U.S. Northern Dis- trict Attorney’s Office. Photo highlights from the event are available on the OBA website at www.okbar.org/members/ photogallery. Middle school students Cody and Ahmad, both members of the Oklahoma City Boys and Girls Clubs who have expressed interest in becoming lawyers, attended the conference as special guests of ABA President-Elect Paulette Brown (center). OBA Diversity Committee Co-Chair Ruth Addison and Vice Chair Diana Vermeire (far right) presented awards. Loretta Radford, Melvin Hall and Judge Jerome Holmes serve as panelists during the OBA Diversity Conference.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2341 Heroes Update Nearly four years ago, on Veterans Day 2010, the OBA launched Oklahoma Lawyers for America’s Heroes to provide free legal advice and assistance to qualifying active duty ser- vicemen and women and veterans. The program recently reached a milestone – more than $2.5 million in legal services have been donated by Oklahoma lawyers through the Heroes program. More than 600 lawyer volunteers have participated and more than 3,100 heroes have received services under the program. A great need still exists for Oklahoma lawyers to volunteer for the program, especially in the area of family law. The mission is to offer one-on-one legal counsel to those members of the guard or reserve who are currently or have honorably served this nation who otherwise cannot afford or do not have access to the services they need. Please visit www.okbar.org/ heroes to learn more about program and sign up to volunteer!

LHL Discussion Groups Host Aspiring Writers Take Note Upcoming Meetings We want to feature your work The Lawyers Helping Lawyers monthly discussion on “The Back Page.” Submit groups next meet Nov. 6 when the topic will be “The articles related to the practice Challenges of Coping with the Loss of a Loved One.” of law, or send us something Each meeting, always the first Thursday of each humorous, transforming or month, is facilitated by committee members and a intriguing. Poetry is an option licensed mental health professional. There is no cost too. Send submissions no more to attend and snacks will be provided. RSVPs to Kim than two double-spaced pages Reber; [email protected], are encouraged to (or 1 1/4 single-spaced pages) ensure there is food for all. to OBA Communications Director Carol Manning, • Tulsa meeting time: 6 – 7:30 p.m. at the TU College [email protected]. of Law, John Rogers Hall, 3120 E. 4th Place, Room 206. • Oklahoma City meeting time: 6 – 7:30 p.m. at the office of Tom Cummings, 701 N.W. 13th Street.

LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM

Connect With the OBA Through Social Media Have you checked out the OBA Facebook page? It’s a great way to get updates and information about upcoming events and the Oklahoma legal community. Like our page at www.facebook.com/ OklahomaBarAssociation. And be sure to follow @ OklahomaBar on Twitter!

2342 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 BENCH & BAR BRIEFS

Ward is agency counsel for pany as residential counsel. First American Title Insurance He graduated from the OU Company. She graduated from College of Law in 2011 and Texas Tech University School was previously in private of Law in 2006. practice in Enid.

wight L. Smith of Tulsa ssociate District Judge ebecca Sherwood of Dhas been appointed to a AMegan L. Simpson of RTulsa has joined FirsTitle new American Bar Associa- Harper County was named Commercial Services LLC as tion Commission on the the recipient of the first president. She has more than Future of Legal Services for a Northwest Oklahoma Pio- 30 years experience in com- one-year term commencing at neering Woman of Industry mercial real estate and busi- the conclusion of the recent Award at a recent ceremony ness transactions. Prior to ABA Annual Meeting in Bos- in Woodward. This inaugural becoming employed in the ton. He is a 1981 graduate of award, sponsored by the title insurance industry, she the TU College of Law. Woodward News and various engaged in private practice businesses in northwest Okla- in Oklahoma City and Tulsa. liver S. Howard, an homa, recognizes women She is a graduate of OSU and Oattorney with Gable- from myriad industries, pro- the OU College of Law. Her Gotwals in Tulsa, has been fessions and life callings who office is located at 1500 S. inducted as a fellow of the are nominated by community Utica, Suite 400, Tulsa, 74104. American College of Trial members based on their con- herwood, McCormick & Lawyers. There are currently tribution to moving women Robert announces that A.J. almost 5,800 fellows across forward in traditionally male S Martinez of Tulsa has joined the U.S. and Canada; mem- industries. bership can never be more the firm as an associate. His than 1 percent of the total practice will focus on busi- lawyer population of any ness transactions, intellectual state or province. property including patents, trademarks and copyrights, onica Amis Wittrock of and civil litigation in the MOklahoma City has been areas of business torts, medi- appointed by Gov. Mary Fall- cal negligence, nursing home in as the public member to neglect/abuse, and personal the Oklahoma State Board of etired Court of Criminal injury. Mr. Martinez received Licensure for Professional RAppeals Judge Charles A. his J.D. from TU College of Engineers and Land Survey- Johnson will join Johnson Law in 2013. ors. She is senior vice presi- Law Firm of Norman in an of ulsa law firm Richards & dent of First American Title counsel capacity. He will be Connor announces the Insurance Company and available for consultation in T addition of Sidney D. Smith executive regional manager of appellate criminal practice Jr., Stephen G. Layman and Oklahoma, Kansas, Nebraska, and related matters. He may Matthew S. Saint as associ- Missouri, Wisconsin and Min- be contacted at 623 N. Porter, ates. Mr. Smith’s practice nesota. She graduated from Suite 300, Norman, 73071; focuses on medical malprac- OU College of Law in 1982. 405-579-9692; email: jgjlaw@ tice defense and general liti- sbcglobal.net. haris L. Ward has been gation. He received his J.D. Cselected as a member of irst American Title & Trust from the Southern Methodist the board of directors of the FCompany in Oklahoma University Dedman School of Oklahoma City Neighborhood City announces that Ryan W. Law in 2004. Mr. Layman’s Services Organization. Ms. Schaller has joined the com- practice focuses on general

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2343 civil litigation and criminal ellite office located at 603 Del- oshua Merrill and Michael defense. He received his J.D. aware Street, Perry, 73077. JLambert join GableGotwals from the TU College of Law as new associates. Mr. Mer- klahoma City firm in 2008. Mr. Saint’s practice is rill’s primary focus will be on Denker and Butler PLLC in coverage litigation, general O transactional law in the Tulsa announces that Ammon insurance defense litigation office. He is a 2014 OU Col- Brisolara has joined the firm and bad faith litigation. He lege of Law graduate, and he as an associate attorney. He received his J.D. from the TU served as a summer associate earned his J.D. from the OU College of Law in 2013. at GableGotwals. Mr. Lambert College of Law in 2014. He will focus his practice on liti- tephanie L. Khoury has will assist clients in litigation, gation in both state and fed- Sjoined the Givens Law probate, and criminal and eral courts in the Oklahoma Firm in Oklahoma City. family law matters, and he City Office. He is a 2014 grad- She practices in the areas of is fluent in both English and uate of the OCU School of insurance defense with an Spanish. Law. He worked for the Okla- emphasis in bad faith, per- lix R. Newman has homa Supreme Court as a sonal injury, products liability, joined the Tulsa law judicial extern and served premises liability and con- A firm of Norman Wohlgemuth as a summer associate at struction defects. She received Chandler & Jeter as an associ- GableGotwals. her J.D. from OU College of ate. Ms. Newman earned her Law in 2009. J.D. with distinction from the How to place an announce- urbin, Larimore & Bialick OU College of Law in 2014. ment: The Oklahoma Bar Journal welcomes short articles or DPC announces the addi- During law school, she served news items about OBA mem- tion of Steve Sherman to the as a representative for the bers and upcoming meetings. firm as of counsel. His prac- Organization for the Ad- If you are an OBA member and tice area is concentrated on vancement of Women in Law. you’ve moved, become a part- real estate and business trans- melia B. Recla of Amelia ner, hired an associate, taken actions, including asset ac- B. Recla Attorney at Law on a partner, received a promo- quisitions and dispositions, A tion or an award, or given a PLLC announces the practice lease and land use work, and talk or speech with statewide has recently moved its offices dispute resolution. He has or national stature, we’d like to 3750 W. Main Street, Nor- served as the associate mu- to hear from you. Sections, man, 73072. Ms. Recla’s focus nicipal judge for the City of committees, and county bar is primarily on family law, as Nichols Hills for more than associations are encouraged well as civil litigation and 15 years, and he is currently to submit short stories about civil appeals. She can be upcoming or recent activities. the chairman of the Oklaho- reached at 405-310-2029. Honors bestowed by other ma Real Estate Commission. publications (e.g., Super Law- He received his J.D. from ollins, Zorn & Wagner PC yers, Best Lawyers, etc.) will not Santa Clara University School Cof Oklahoma City be accepted as announcements. of Law in 1979. announces Ethan W. Gee has (Oklahoma-based publications joined the firm as an associ- hristin Mugg Adkins are the exception.) Information ate. He graduated cum laude selected for publication is & Associates PLLC an- C from OCU School of Law in printed at no cost, subject to nounces Shane R. Leach of 2014. He is the recipient of editing, and printed as space Oklahoma City has joined the the Judge Dwain Box Memo- permits. firm as an associate attorney. rial Award for his perfor- Mr. Leach earned his J.D. Submit news items via email to: mance in appellate advocacy from OCU School of Law in Lori Rasmussen and is a member of the Order 2014 and will focus on con- Communications Dept. of Barristers. His focus is on tested estate matters, probate, Oklahoma Bar Association civil rights and municipal and oil and gas law, as well 405-416-7017 liability litigation. as expanding the firm’s prac- [email protected] tice with the opening of a sat- Articles for the Dec. 13 issue must be received by Nov. 10.

2344 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 IN MEMORIAM

avid Randal Barnes of private practice in McAlester, attorney in Oklahoma County. DEdmond died Oct. 9. He he began his career as an In 1972, he was appointed as was born March 13, 1959, in attorney for the U.S. Veterans a federal administrative law Altus and grew up in the Administration, where he judge and served in that Deer Creek area, graduating spent 27 years, retiring in 1988 capacity until he retired from Deer Creek High School. as assistant district counsel in 2006. He received his bachelor’s for the state of Oklahoma. arry D. Hartzog of Okla- degree from Central State Later that year he was homa City died Sept. 22. University (now UCO) and appointed to the bench by L He was born May 4, 1934. his law degree from OCU Gov. Henry Bellmon, and Larry cofounded the firm of School of Law in 1991. He served as a Workers’ Com- Hartzog Conger & Cason practiced law as a sole practi- pensation Court judge for six (later Hartzog Conger Cason tioner for 15 years. In 2008, he years in Tulsa and Oklahoma & Neville) in 1979. He was felt called to become an edu- City. He was then appointed regarded by his colleagues as cator and became a seventh- as a special district judge for a an extraordinary lawyer, skill- grade social studies teacher. five county district in north- ful dealmaker, consummate He taught more than five eastern Oklahoma, retiring legal strategist, mentor and years at Belle Isle Enterprise from that position in 1996. He Middle School until illness had a lengthy military career friend. In the 1970s, he was Fortune Magazine forced him to retire this year. spanning 35 years of service featured in He is remembered for his pas- in the U.S. Navy, the U.S. for his work on Wall Street in sion for teaching and chal- Army, and the Army Reserve connection with the reorgani- lenging his students to work Corps, retiring with the rank zation of the Hayden Stone investment banking firm, the hard, often saying it was a job of colonel. He was an avid creation of Shearson Lehman/ he would do for no pay. reader and had a keen interest American Express, and the in government, politics and etired Judge Ben P. Cho- reformation of the New York history. Memorial gifts may ate Jr. of Muskogee died Stock Exchange. He later pio- R be made to the Indianola Sept. 20. He was born on July neered the first major “going Alumni Association or the 17, 1928, in Stillwater and private” transaction for a Choate Prairie Baptist Church. graduated from Indianola New York Stock Exchange- High School. He served in the erbert Maxwell “Max” traded company, which U.S. Navy for two years dur- HDarks died Oct. 2. He became a blueprint for subse- ing World War II, graduating was born Sept. 25, 1925, in quent going private transac- from the Basic and Advanced Wetumka. He enlisted in the tions across the country. He Engineering School. Follow- U.S. Army Air Corps in 1942 took great pride and satisfac- ing his discharge, he enrolled at the age of 17 as an aviation tion in the success of the firm at Eastern Oklahoma A&M cadet and graduated from and the success of each of its College and continued his flight training as a B-25 pilot. lawyers. education at OU. During his He was discharged from the ohn B. Jenkins of Oklaho- studies, he received his com- Air Corps as a second lieu- ma City died Sept. 21. He mission as a second lieutenant tenant in late 1945 at the end J was born Feb. 5, 1975, and while participating in U.S. of World War II. He earned was a 2006 graduate of the Army ROTC. He was study- his J.D. from the OU College OU College of Law. He was ing for his law degree when of Law in 1950. After complet- an associate attorney with he was called to active duty ing his education, he returned Commercial Law Group PC, during the Korean Conflict. to Hughes County to engage practicing in the areas of busi- After his tour of duty, he in the general practice of law. ness and corporate law, and received his J.D. from the OU He served as Hughes County commercial transactions. College of Law in 1955. He attorney from 1954 to 1958. served as county attorney of He went on to practice law in ay Karen Kennedy of Latimer County and assistant Oklahoma City from 1961 to KWynnewood died Oct. 1. county attorney of Pittsburg 1971, when he was then She was born Oct. 22, 1947, in County. After a time spent in appointed assistant district

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2345 Oklahoma City and grew up onald James Leeman of a Silver Star for gallantry in outside of Moore, graduating DOklahoma City died Oct. action at Saipan, Mariana from Moore high school in 14. He was born July 15, 1928, Islands, on June 27, 1944. 1965. She attended OU, where and graduated from Ardmore After the war, he moved to she received a degree in polit- High School. He received a Bartlesville, where he began a ical science. She received her B.S. in business from OU in 35-year employment with J.D. from the OCU School of 1950, program management Phillips Petroleum Company, Law in 1972. During her legal degree from Harvard Univer- ultimately becoming general career, she was appointed an sity in 1967 and a J.D. from patent counsel. Upon retire- assistant attorney general in the OCU School of Law in ment, he entered government the early 1970s. She went on 1971. He was commissioned service, and was appointed by to be appointed as a Worker’s an ensign in the U.S. Navy in President Ronald Reagan as Compensation Court judge June 1950 and attended the deputy commissioner of the and ultimately found a pas- Naval Intelligence School, U.S. Patent and Trademark sion as managing attorney for Washington D.C., completing Office. Four years later, he Legal Aid of Western Oklaho- three years of active duty was appointed as assistant ma. At the time of her death, during the Korean Conflict. secretary and commissioner of she was managing attorney He returned to OU and patents and trademarks. After for the Ardmore, Ada and helped develop and intro- leaving government service, Hugo offices. Along the way, duce the landman curriculum, he entered private practice she received a calling to working as a landman for Gulf and was senior partner at become a United Methodist Oil Co. before joining Beard Novak Druce Connolly Bove church pastor. Among her Oil Company. He later formed and Quigg at the time of his proudest accomplishments is Beard & Leeman, ultimately death. He was inducted into helping to build a new home working independently. He the OBA Intellectual Property for the Paoli United Method- was a member of Westminster Section Hall of Fame and was ist Church. Presbyterian Church, serving presented numerous citations as a deacon and president of and lifetime achievement olcomb Bibb Latting Jr. the men’s association. He awards for his contributions Hof Riverside, Calif., died became a Stephen Minister in the areas of intellectual Aug. 1. He was born in Plant in 2004. Memorial contribu- property, and patent and City, Fla., on Feb. 21, 1921, tions may be made to West- trademark law. Both the state and grew up in Tulsa. After minster Presbyterian Church of Oklahoma and the city his graduation from Central Foundation or for Alzheimer’s of Bartlesville proclaimed High School, he attended research through Oklahoma Nov. 17, 1989, as “Donald J. OSU. He attended the Spartan Medical Research Foundation. Quigg Day.” Memorial dona- School of Aeronautics where tions may be made to the onald James Quigg of he earned a degree in aero- Donald J. Quigg Memorial Falls Church, Va., died nautical engineering. He then D Fund at the Fairlington Sept. 21. He was born April served as a captain and pilot Presbyterian Church of 28, 1916, in Kansas City, Mo., in the U.S. Air Force during Alexandria, Va. World War II. He started his and raised in Dewey. He long career with Douglas Air- graduated from OU with a ack Marwood Short of craft Co. working at their B.S. in business administra- JTulsa died Oct. 5. He was plant in Tulsa, finishing his tion, then attended the Uni- born Oct. 28, 1924, and was a interrupted law degree at the versity of Missouri-Kansas native of Mangum. He gradu- TU College of Law in night City School of Law, graduat- ated from Tulane University school, earning his J.D. in ing with a J.D. in 1940. Just and the OU College of Law. 1950. Later he was transferred after beginning in private He was a veteran of the U.S. to the company’s operations practice, he was inducted Navy. During his legal career in California where he became into the U. S. Army during he was an assistant U.S. attor- president of Douglas Real World War II. He became an ney for the Northern District Estate Company. He retired officer in the Field Artillery of Oklahoma, administrative from the McDonnell Douglas and was assigned to the 27th law judge for the U.S. Dept. of Co. in 1986. Division, stationed in the the Interior and a lawyer in Pacific Theatre. He received private practice for 25 years.

2346 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 As a Republican representing and docent for Philbrook in 1971. He maintained his Oklahoma County, he served Museum. private law practice in Tulsa one term in the state Senate, from 1972-2005, practicing rank L. Thompson of Bra- 1966 to 1970, and was ap- mostly criminal, divorce and denton, Fla., died Oct. 11. pointed minority whip in F personal injury law. He relo- He was born Dec. 9, 1944, in 1969. He was highly respected cated to Tulsa in 2005. He was Enid. He graduated from Edi- by members of both parties, an avid gun collector who son High School in Tulsa in voted in 1968 a “Top Ten Leg- loved motorcycles and fast 1962 and attended OSU, grad- islator” by Senate colleagues. cars, especially unusual, uating with a B.S. in account- He was active in the Tulsa futuristic ones. He also loved ing in 1968. He graduated community and was a mem- pool, poker and travel. from the OU College of Law ber of Friends of the Library

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Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2347 WHAT’S ONLINE

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2348 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 CLASSIFIED ADS

SERVICES SERVICES

BRIEF WRITING, APPEALS, RESEARCH AND DIS- Renee Colbert, Esquire COVERY SUPPORT. Eighteen years experience in civil litigation. Backed by established firm. Neil D. Van P.O. Box 1035 • Canonsburg, PA 15317 Dalsem, Taylor, Ryan, Schmidt, Van Dalsem & Wil- 412. 889. 9007 liams PC, 918-749-5566, [email protected]. [email protected] Colbert & Company OF COUNSEL LEGAL RESOURCES — SINCE 1992 — Exclusive research & writing. Highest quality: trial and WT ant o Purchase Minerals AND OTHER appellate, state and federal, admitted and practiced OIL/GAS INTERESTS. Send details to: P.O. Box U.S. Supreme Court. Over 20 published opinions with 13557, Denver, CO 80201. numerous reversals on certiorari. MaryGaye LeBoeuf 405-728-9925, [email protected]. FORENSIC ACCOUNTING SERVICES BY FORMER IRS SPECIAL AGENTS MEDIATION or EXPERT WITNESS ON REAL ESTATE Litigation support, embezzlement and fraud investi- and OIL/GAS TITLES – KRAETTLI Q. EPPERSON. gations, expert witness testimony, accounting Available as a Mediator or as an Expert, for litigation or irregularities, independent determination of loss, due appeals on Real Estate and Oil/Gas Title matters. Over diligence, asset verification. 30+ years investigative thirty years of experience in title examination and title and financial analysis experience. Contact litigation. OCU Adjunct Law Professor (Oklahoma Darrel James, CPA, [email protected] or Land Titles). OBA Real Property Law Section Title Ex- Dale McDaniel, CPA, [email protected], amination Standards Committee Chair. General Editor 405-359-0146. of Vernon’s Oklahoma Forms 2d: Real Estate. Interested in unusual and complex title issues. Many papers presented or published on real estate and oil/gas matters, TREE DAMAGE, CONSULTING ARBORIST especially title issues. Visit www.EppersonLaw.com, & Expert witness, tree appraisals, reports, contact me at [email protected] or 405-848-9100. damage assessments, herbicide damage, hazard assessments, all of Oklahoma and beyond. Appeals and litigation support Certified arborist, OSU horticulture alumni, Expert research and writing by a veteran generalist 23 years in business. [email protected]; who thrives on variety. Virtually any subject or any 405-996-0411. type of project, large or small. NANCY K. ANDER- SON, 405-682-9554, [email protected]. OFFICE SPACE Creative. Clear. Concise. BUSINESS VALUATIONS: Marital Dissolution * Es- OFFICE SPACE – tate, Gift and Income Tax * Family Limited Partner- SOUTH OKLAHOMA CITY ships * Buy-Sell Agreements * Mergers, Acquisitions, Office suites in established law firm with easy Reorganization and Bankruptcy * SBA/Bank required. I-35/I-240 Access. Dual Certified by NACVA and IBA, experienced, reli- Rent includes: phone; fax; internet; copier; able, established in 1982. Travel engagements accepted. and conference room. Connally & Associates PC 918-743-8181 or bconnally@ Call 405-721-9500 for more details. connallypc.com. WATERFORD OFFICE SPACE. 1,324 Rentable Space in INTERESTED IN PURCHASING PRODUCING & Waterfor d Bldg. 6301, 4th Floor, North View. Two large NON-PRODUCING Minerals; ORRI; O & G Interests. executive offices, conference room/foyer, and kitchen/ Please contact: Patrick Cowan, CPL, CSW Corporation, file room. Great build-out with hardwood floors and P.O. Box 21655, Oklahoma City, OK 73156-1655; 405- crown molding. Call 405-202-2111. 755-7200; Fax 405-755-5555; email: [email protected]. OFFICE SPACE FOR LEASE approximately 350 sq. ft.

near downtown Tulsa with FREE parking. Phone, HANDWRITING IDENTIFICATION copier, internet and receptionist are available. Call POLYGRAPH EXAMINATION 918-583-6007 for more information. Board Certified Court Qualified SINGLE OFFICE FOR SOLO PRACTITIONER - newly diplomate — ABFE Former OSBI Agent renovated building. Rent includes Receptionist, 2 con- Life Fellow — ACFEI FBI National Academy ference rooms, telephones, copier, internet and cable. Arthur D. Linville 405-736-1925 Contact Jo at the Larry Spears Law Bldg., 501 N.W. 13th Street, OKC, 405-235-5605.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2349 OFFICE SPACE POSITIONS AVAILABLE

EXECUTIVE OFFICE SUITES. Two blocks from Dis-

trict & Federal Courthouses. Receptionist, phones, Make a Difference copier, internet, and cable provided. Six established at- Do you want a fulfilling career where you can really torneys available for referrals on a case-by-case basis. make a difference in the lives of people? Are you Midtown Plaza location. 405-272-0303. fervent about equal justice? Does a program with a purpose motivate you? Legal Aid Services of OfficeS pace - MidTown Law Center Oklahoma, Inc. (LASO) is searching for an attorney for its Ardmore Law Office. Historic atmosphere in restored 1926 building for solo or small firm lawyers. Rent includes: phone, We are a statewide, civil law firm providing legal fax, long distance, internet, parking, library, kitchen services to the impoverished and senior population privileges, onsite storage, two conference rooms of Oklahoma. With twenty-three offices and a staff and receptionist. Enjoy collegiality with civil/trial/ of 155+, we are committed to the mission of commercial attorneys. equal justice. 405-229-1476 or 405-204-0404 The successful individuals will have a passion for justice and empathy for impoverished individuals. OFFICE SPACE FOR LEASE one block north of the In return, the employee receives a great benefit federal courthouse. Rent all inclusive with phone, package including paid health, dental, life insurance parking, and receptionist. Call 405-239-2726 for more plan; a pension, and generous leave benefits. information. Additionally, LASO offers a great work environment and educational/career opportunities. To start making a difference, complete our OFFICE SHARE application and submit it to Legal Aid Services of Oklahoma. ENID, OK ATTORNEY SEEKS ATTORNEY for office sharing. No experience required. Negotiable rent. Copi- The online application can be found: er/fax machine, Internet, supplies and staff are included https://legalaidokemployment.wufoo.com/forms/ in rent. Case overflow referrals available. Experienced at- z7x4z5/ torney available for assistance. Please contact Russell Print application Singleton at 580-234-6000. http://www.legalaidok.org/documents/388541 Employment_Application_Revised_10.2008.pdf POSITIONS AVAILABLE Legal Aid is an Equal Opportunity/Affirmative Action Employer. IN-HOUSE LEGAL SECRETARY. Love’s Travel Stops & Country Stores, Inc. seeks a full-time legal secretary THE OKLAHOMA BAR ASSOCIATION Heroes pro- for its OKC Corporate Legal Department. Two years’ ex- gram is looking for several volunteer attorneys. The perience as a legal secretary in a law firm or corporate need for FAMILY LAW ATTORNEYS is critical, but at- legal department required. Purpose of position is to pro- torneys from all practice areas are needed. All ages, all vide full range of secretarial and administrative support counties. Gain invaluable experience, or mentor a to multiple members of the Legal team, including cleri- young attorney, while helping someone in need. For cal, receptionist, technical and organizational assistance. more information or to sign up, contact Gisele Perry- Eligible for full benefits package. Qualified candidates man, 405-416-7086 or [email protected]. are urged to act quickly and apply online for the “Legal Secretary” position at www.loves.com/jobs. DOWNTOWN OKLAHOMA CITY AV RATED MEDI- CAL MALPRACTICE AND INSURANCE DEFENSE CONTRACT ADMINISTRATOR POSITION at the Uni- FIRM seeks an associate attorney with 0-3 years’ expe- versity of Oklahoma, University Outreach. Responsi- rience. Candidate must be highly motivated, possess bilities include drafting, reviewing, and negotiating the ability, experience, and confidence to appear in contracts in accordance with applicable law and Uni- court for motion hearings and trial. Position requires versity policy. Acts as a resource to University Outreach strong communication, research and writing skills. Tri- departments reviewing grant and contract proposals, al experience is preferred. Competitive benefits and certifications and representations. Must produce deliv- compensation package will be commensurate with ex- erables in accordance with professional-level business perience. All replies are kept in strict confidence. Ap- standards. Advises University officers in relation to plicants should submit résumé, cover letter, and writ- contracts, compliance, and risk assessment. Assists the ing sample to: “Box X,” Oklahoma Bar Association, PO Director of Contract Administration with legal admin- Box 53036, Oklahoma City, 73152. istrative matters. Apply through https://jobs.ou.edu Job requisition # 20882. The University of Oklahoma is an Equal Opportunity Employer. Protected veterans and individuals with disabilities are encouraged to apply.

2350 The Oklahoma Bar Journal Vol. 85 — No. 29 — 11/1/2014 POSITIONS AVAILABLE POSITIONS AVAILABLE

LARGE TULSA LAW FIRM seeking business/transac- CHIEF FINANCIAL OFFICER NEEDED for the Okla- tional attorney with 3-4 years’ experience in contract homa Employment Security Commission. CPA re- review and drafting, acquisitions, real estate, business quired/JD preferred. Responsibilities include plan- organizations and/or general commercial/transaction- ning, organizing and controlling the financial resources al work. Strong academic and professional credentials of the agency. Supervise personnel in accounting, bud- required. Send résumé and salary requirements to “Box geting, cash management, procurement and transac- O,” Oklahoma Bar Association, PO Box 53036, Oklaho- tion processing. Responsible for budget of approxi- ma City, OK 73152. mately 57 million dollars and trust fund balance in excess of one billion dollars. Ensure the agency is in ASSOCIATE ATTORNEY, An established, stable, suc- compliance with all regulatory requirements, US De- cessful, and well-known AV firm located in Norman, partment of Labor financial compliance requirements, Oklahoma is seeking an associate attorney with 0-3 years and state rules and regulations. Salary Range will be of experience in general practice areas. Position requires $85,000 to $95,000. Submit résumé to: Oklahoma Em- strong communication, research, and writing skills. ployment Security Commission, Attn: Alayna Wylie, Competitive benefits and compensation package will be Human Resources Division, P O Box 52003, Oklahoma commensurate with experience. All replies are kept in City, OK 73152-2003. strict confidence. Applicants should submit résumé and cover letter to [email protected] with salary requirements. FOR SALE PARALEGAL, NORMAN, OKLAHOMA AV law firm COMPLETE SET OSA POCKET PARTS, current seeks a Paralegal, preferably with a paralegal certificate through 2007, $500. 580-476-2298 or 405-640-5105. or college degree, to become an integral part of an active team. Candidate should have experience handling a court calendar, assisting in case management, obtain- CLASSIFIED INFORMATION ing client records, processing authorizations, exchang- REGULAR CLASSIFIED ADS: $1 per word with $35 minimum ing basic discovery, scheduling depositions, coordinat- per insertion. Additional $15 for blind box. Blind box word ing with witnesses and experts, and trial preparation. count must include “Box ___,” Oklahoma Bar Association, PO Competitive benefits and compensation package will Box 53036, Oklahoma City, OK 73152.” be commensurate with experience. Applicants should submit résuméand cover letter to normanoklawoffice@ DISPLAY CLASSIFIED ADS: Bold headline, centered, border gmail.com with salary requirements. are $50 per inch of depth. DEADLINE: See www.okbar.org/members/BarJournal/ JOB OPENING FOR LEGAL ASSISTANT/SECRE- advertising.aspx or call 405-416-7018 for deadlines. TARY: Growing firm in downtown Oklahoma City is SEND AD (email preferred) stating number of times to be looking for a legal assistant/secretary. Knowledge of published to: and proficiency in Microsoft Office, Word Perfect, Mi- [email protected], or crosoft Excel and Microsoft Outlook. Commercial liti- Emily Buchanan, Oklahoma Bar Association, PO Box 53036, gation and/or real estate and banking transactional Oklahoma City, OK 73152. experience preferred. Send résumés to Blaney and Publication and contents of any advertisement are not to be Tweedy PLLC, PO Box 657, Oklahoma City, OK 73101 deemed an endorsement of the views expressed therein, nor or via email to [email protected]. shall the publication of any advertisement be considered an endorsement of the procedure or service involved. All placement notices must be clearly non-discriminatory. DO NOT STAPLE BLIND BOX APPLICATIONS.

Vol. 85 — No. 29 — 11/1/2014 The Oklahoma Bar Journal 2351 THE BACK PAGE

Losing My Balance By R. Steven Haught

We have all heard of “work/life expressed my unhappiness with was always looking at my watch balance” by now. It is a common the situation, and then he said he or checking emails on my phone. CLE topic. The OBA even has a had bad news as well. His wife Many times I would need to committee devoted to the subject. had been diagnosed with breast leave abruptly to go back to the When I first heard the phrase cancer. It made my bad news office, and we always ate lunch “work/life balance,” it conjured seem trivial by comparison. After no more than two or three blocks up something foreign and subver- many years of treatment, and away. It got to the point that I sive — something invented by temporary recovery, she died. We dreaded hearing my receptionist lawyers in San Francisco sipping did practice law together for five say that he was calling because I chardonnay with their wok-stir- years and enjoyed each other’s did not want to hear the disap- fried tofu. However, as I have company. pointment in his voice when I become older and wiser, my declined his lunch invitation. The view has changed. last time he called to ask me to Recently while attending a meet him for lunch, I said that I funeral, I started thinking about really could not do it that day but who should be my pallbearers. would call him the following Regrettably I could not think of week. enough men who would be suit- He said that he had something able for the task, men who to tell me and wanted to tell me wouldn’t say: “Me? Why me? in person. I resisted and told him I haven’t seen him in years!” I that I had no time that day. He began with a list of the grooms- took a deep breath and then men at my wedding but soon reluctantly told me his news on realized that I had lost touch the phone — he had been diag- with them. nosed with pancreatic cancer and One was a man named Ken. did not have much longer to live. I first met Ken in high school, I put down the phone and drove and we became fast friends. We to his office and put my arms lost touch for a few years as we around him. attended different colleges but We spent some time together were reunited in law school. Fol- before he died, but he was too lowing law school, we bought sick to do much. I was with him houses near each other and saw in the hospital as he spent his each other frequently on week- Then I moved on and practiced final days and helped feed him ends and met for lunch or drinks a different type of law, a demand- his final meals. But I knew it was at least once per week. Our fami- ing practice with an international all too little too late. As I and lies traveled to Hawaii, to OU/ clientele that called at all times of other close friends carried his cas- Texas weekends and bowl games the day requiring immediate ket to the grave site and watched together. He and his wife had two attention. The days of going out as they lowered him into the boys. He gave the oldest one my for lunch were over. Ken called ground, I said goodbye to my middle name and the youngest me for lunch. Usually I would friend for 40 years. I knew I one my first name. beg off and say that I wanted to would miss those calls asking When my law firm unexpected- go but could not go that day. He me to go to lunch. ly broke up in the mid-‘90s, I was disappointed. Sometimes I Mr. Haught practices in Oklahoma called Ken to share my bad news. did go with him, and I always City. He listened patiently as I enjoyed our time together, but I

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BONUS! Your registration includes Mr. Mellor’s 305-page book, Memory! How to Remember Anything. For program details and to register, log on to: www.okbar.org/members/cle.aspx Or, contact Renee at [email protected], 405-416-7029. Approved for 6 hours MCLE/ 1 Ethics. $250 for early-bird registrations with payment received at least four full business days prior to the seminar date; $275 for registrations with payment received within four full business days of the seminar date. In the history of Oklahoma trial lawyers, there has never been anyone more respected thanEarl Mills . Hislegacy is found in two generations of attorneys that he has mentored and “tangled with” in court- rooms throughout Western Oklahoma. Among the messages to those who were lucky enough to work with him was to be prepared, be honest, and �ght hard. Be a bull in the courtroom, but �ght within the rules.

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Earl D. Mills