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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 law- yers 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 in- clude 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 web- site by the time of our November Annual Meet- The OBA Transitions Task Force ing. has a very important charge in creat- ing 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 OFFICERS & 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.
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