PRSRT STD US POSTAGE PAID PERMIT# 59

OKLA CITY OK

Page 5 Page

Page 4 Page HARASSMENT HARASSMENT

SEXY ABOUT SEXUAL SEXUAL ABOUT SEXY MUSINGS

3 ...... Roscoe Stump

THERE’S NOTHING NOTHING THERE’S POST-PANDEMIC POST-PANDEMIC 8 ...... Observer Bar 2 ...... President the From

Inside

Governor Frank Keating had been in in been had Keating Frank Governor day. that of heartbeat every and glance, BINDS, page 11 page BINDS, See

bulb moment in their lifetime. lifetime. their in moment bulb every breath, every remember I brother. my

was an intentional act. act. intentional an was - flash defining the been has bombing City killed Afghanistan in attack ambush an that

Governor Keating realized instantly this this instantly realized Keating Governor Oklahoma the nation, the across people learned I old, years fifteen was I When

helicopter, he knew it was not a gas line. line. gas a not was it knew he helicopter, for and them of each For City. Oklahoma stage. world the of middle the

Murrah Federal Building from a news news a from Building Federal Murrah downtown in bombed was Building on occur moments flashbulb all not But

he saw the first footage of the Alfred P. P. Alfred the of footage first the saw he Federal Murrah P. Alfred the day the saw triumphant. some and tragic ory—some

of a gas line explosion downtown. When When downtown. explosion line gas a of they what and were they where recount - mem collective our in eternal are events

Air Force Base. Then he received reports reports received he Then Base. Force Air vivid with you tell can one, save them, these landing, moon the and , Titanic

Rogers International Airport and Tinker Tinker and Airport International Rogers of one Each since. passed has that time the of sinking the 2001, 11, September

winds. His first thoughts were of Will Will of were thoughts first His winds. the and day that about week past the over VE-Day, Like moment. exact that of head

dency to shudder—even in Oklahoma Oklahoma in shudder—even to dency Oklahomans great many with speaking your in image an fix they extraordinary so

- ten the have not do windows proof of pleasure and honor the had I month. are events these memories, “flashbulb”

dered. That was unusual, given that bullet bullet that given unusual, was That dered. this ago years twenty-six 1995, 19, April called Often happened. it when doing

- shud windows the when Capitol the on happened what of microcosm a was were they what and were they where ber

Ron Norick, he was in his office at at office his in was he Norick, Ron family my for moment flashbulb That - remem they but recall only not do people

prayer breakfast downtown with Mayor Mayor with downtown breakfast prayer recovered. fully ever we say cannot I later, that life in events certain are There

morning of April 19, 1995. After a a After 1995. 19, April of morning years eighteen Even forever. family my

Office just over three months on the on months three over just Office change would news of instant single That Dennis Renley J. By:

brians101 via depositphotos.com via brians101

THE PAIN THAT BINDS THAT PAIN THE

4 No. 54, Vol. 2021 April OKLAHOMA the of Publication A ASSOCIATION BAR COUNTY WWW.OKCBAR.ORG 2 BRIEFCASE • April 2021 From the President BRIEFCASE April 2021 VOLUNTEERISM: THE JOY OF GIVING Briefcase is a monthly publication of the Oklahoma County Bar Association Hon. Don Andrews • Restore OKC 119 North Robinson Ave. President, OCBA (https://www.restoreokc.org/volunteer). Oklahoma City, OK 73102 (405) 236-8421 Many countries adopt causes or special interest If you are unable to volunteer your time, then you can always groups to highlight and promote during a given donate your resources to the organizations listed above, as well some Briefcase Committee calendar month. In the United States, we are others in our community, including: Ryan Dean, J. Renley Dennis, Ben Grubb, Justin prolific at creating “national ______day/ • City Rescue Mission Hiersche, Jeff Massey, Katherine Mazaheri, week/month” events to promote businesses, non- (https://cityrescue.org/donate); Trais Pickens, Kyle Prince, Miles Pringle, Austin profits, and other interests. Although there are a • Fields and Futures Reams, Rex Travis, & Judge Allen Welch good many “national ______” observances in the spring, April is (https://fieldsandfutures.org/donate); Editor Benjamin Grubb one of the few months that does not have a long list of observations. • Parent Promise OKC Contributing Editors Michael Brewer Some unusual causes observed in April are Florida tomatoes, (https://parentpromise.org/give); cannabis, celery, Irritable Bowel Syndrome, pecans, soft pret- • Skyline Urban Ministries Richard Goralewicz zels, and straw hats, among others. Some of the worthier causes (https://www.okcskyline.org/give); and Kathrine Mazaheri-Franze observed in April include keeping America beautiful, child abuse • Upward Transitions OKC awareness and prevention, distracted driving awareness and pre- (https://upwardtransitions.kindful.com). vention, and prevention of cruelty to animals. These worthy caus- Oklahoma County Bar Association es, no doubt, deserve our attention, and it just so happens that April This list of charitable organization is, by no means, exhaustive. is National Volunteer Month. There are many other worthy charitable organizations throughout OFFICERS: Do you volunteer? If so, congratulations! Volunteerism is one the Metropolitan area that are deserving of your time and resources. President Judge Don Andrews of the most cherished of American val- All you have to do is a little research on the President-Elect Shanda McKenney ues. You are one of the nearly 77.4 mil- Internet to find what works best for you. Vice President Cody J. Cooper lion Americans who volunteered in recent Finally, another option is to become of Past President Michael W. Brewer years, turning in 6.9 billion hours valued member of certain organizations that are Treasurer Robert D. Nelon at $167 billion. designed to benefit local charities, including Bar Counsel Coree Stevenson Although volunteers make all of our lives Exchange Club, Kiwanis Club, Lions Club better, volunteerism also benefits the vol- and Rotary Clubs. These organizations have STAFF: unteer, who is typically happier, healthier, chapters located throughout the Oklahoma Executive Director Debbie Gorden and more likely to be employed. Studies City metropolitan area. Joining these orga- Legal Placement Director Pam Bennett have shown that if you are unemployed and nizations provides you with more voluntary Membership Services Connie Resar volunteer, you have a 27% better chance of opportunities, along with socialization with finding a job. others who enjoy the gift of giving. Journal Record Publishing Co. Inc. Do you have passion about a particular I am fortunate to serve on the Board of Special Projects Designer problem or issue? If you feel strongly about Directors for Oklahoma Cleats for Kids some cause, then that is an excellent start to (C4K), an organization created ten years For advertising information, a pleasant volunteer experience. If you are Rawpixel via depositphotos.com ago by fellow lawyers, Mark and Stacy call 278-2830. uncertain what your passion is, then give McDaniel. Mark and Stacy, when con- several charities a try by volunteering on specific days through- fronted with what to do with their children’s outgrown sporting Postmaster: Send address changes to OCBA out the year that feature volunteering. Some of the more popular equipment (primarily shoes or cleats), cleaned-up and restored the Briefcase, 119 North Robinson Ave., Oklahoma upcoming events are: Earth Day on April 22; Endangered Species used sporting equipment so that it could be donated to children in City, Oklahoma 73102. Day on May 21; and World Blood Donor Day on June 14. The need. Thus, C4K was born! Oklahoma Blood Institute is always in need of more blood. Needless to say, in the short ten years of its existence, C4K Journal Record Publishing produces the Briefcase Were you aware that the Oklahoma County Bar Association has has made a significant impact on youth throughout the State of for the Oklahoma County Bar Association, which is solely responsible for its content. a Community Service Committee? Our committee is currently Oklahoma. I can only imagine the positive impact that C4K has © 2021 Oklahoma County Bar Association focusing on environmental projects. You can participate and volun- had on our court system. When you keep kids active in sports, they teer some of your time with events established by our Community tend to do better academically and are less likely to get in trouble. Service Committee, which has an upcoming “litter blitz” for OKC This is why I serve on the Board of C4K! Beautiful on Saturday, April 24. Other possible upcoming events I am also fortunate to be a founding member of committee of law- include a “work day” on the courtyards at the Oklahoma County yers that was formed to assist the Palomar Legal Network. Palomar Courthouse. Legal Network, which began last year, is a coordinated network of Additionally, there are a number of worthy charitable organi- lawyers, licensed legal interns, law school representatives and law zations that do some amazing work in our community. It is easy students who provide high quality free and/or low-cost legal support OKLAHOMA COUNTY BAR to contact these organizations and inquire whether they have any services to clients of Palomar Family Justice Center. Palomar Family ASSOCIATION volunteer opportunities. Some local recommended worthy causes Justice Center, with other community partner agencies, provides a MISSION STATEMENT include: multitude of services to victims of domestic violence, child abuse, Volunteer lawyers and judges dedicated • Central Oklahoma Humane Society sexual assault, stalking, elder abuse and human trafficking. to serving the judicial system, their profes- (https://okhumane.org/get-involved/volunteer); As lawyers, is there not a more noble way of serving our commu- sion, and their community in order to foster • Legal Aid of Western Oklahoma nity then by volunteering to provide free or low-costs legal services the highest ideals of the legal profession, to (https://www.legalaidok.org/volunteers); to victims of domestic violence or child abuse? This is why I con- better the quality of life in Oklahoma County, • Oklahoma Cleats for Kids tinue to support the Palomar Legal Network. and to promote justice for all. (https://okc.cleatsforkids.org/get-involved); There are many quality non-profit organizations throughout the • Palomar Oklahoma City area. I hope you decide to volunteer soon and can (https://palomarokc.org/volunteer-application); experience the joy of giving your time, talents and resources. More • Neighborhood Services Organization importantly, we can all make a positive impact on our community (https://nsookc.org/volunteer); and by volunteering.

Quote of the MONTH “Change is the law of life. And those who look only to the past or the present are certain to miss the future.” - John F. Kennedy www.okcbar.org • April 2021 • BRIEFCASE 3 Stump Roscoe

By Roscoe X. Pound accompanied by such appeals leads us to conclude they had an influential impact Dear Roscoe: What is the “reptile upon the jury’s deliberations. TIMELESS brain” as used in relation to litigation? “When a jury verdict results from pas- W.Z., OKC, OK sion or prejudice, a new trial is the proper Dear W.Z.: The reptile theory has remedy rather than remittitur. Although DESIGNS AND become the darling of the plaintiff attor- decisions have deviated from this rule, ney’s nursery. I have no statistical evi- the better approach is to require a new ALL-DAY dence to back this prediction, but I see trial on any issue infected by passion and this little darling adopted by the pros- prejudice and employ remittitur for those COMFORT FROM ecution bar as well. The theory holds verdicts which are excessive, that is, so that by speaking to, and scaring, the large as to be contrary to right reason. OUR ALDEN primitive part of jurors’ brains, the part Because this jury was influenced by erro- of the brain they share with reptiles, you neous argument, it is appropriate for us to stand a greater chance of persuasion. In order a new trial rather than remittitur.” CASUALS essence, the reptile brain is programed, (Citations deleted). and so skewed, toward safety and sur- If you face the prospect of dealing TEENA HICKS COMPANY vival, akin to the more familiar fight or with reptile brain strategy, I’d say my OKLAHOMA TOWER 210 PARK AVENUE, SUITE 220 flight response. Targeting this portion of first approach would be to seek to limit OKLAHOMA CITY, OK 73102 jurors’ brains, plaintiffs and prosecutors evidence and argument on this point (405) 235-4800 can influence their decisions based on prior to trial. Being able to anticipate an their desire to protect their families and attack places you in that much better a community through their verdict. Thus, position to meet and repel it. Please share media. Finally, I’ve tried to find a legal with a slight nod of the head. I walked to the focus of the plaintiff’s case is on the your stories. I’d like to know whether tie-in for this piece and I believe I’ve the front door. An obliging hood held it conduct of the defendant, not the injuries this has risen to the level of “a thing” in succeeded. Ms. Duncan had a short- open for me. of the plaintiff. The jurors are not so Oklahoma. lived marriage to the Russian poet Sergei “Let me tell you something, friend. much interested in the nature and sever- Alexandrovich Yesenin. Following his Mr. Hughes don’t give his word lightly. ity of the plaintiff or victim’s injury and Dear Roscoe: The FETV network on death in 1923, Ms. Duncan offered his Still. I’d keep my gun handy until you get suffering, as they are in how defendant’s cable out here is running reruns of the will for probate in New York, the first across the river. Maybe even all the way conduct endangers the jurors and their old TV series Maude, and it’s got me to will probated in the United States drawn home.” He finished up with a wink and a families. wondering: Was Isadora, in fact, the first up under the laws of the relatively young smile which I returned as I stepped out- Personally, I’m not yet sold on either bra burner and, if so, who was she? P.W., Soviet Union. side. I carried the take-out in my left hand, the novelty or efficacy of the theory. OKC. **** my .38 close to my leg on the right. If any- Attorneys have argued for jurors to “send Dear P.W.: Really? A question about a The waiters brought me my food and one noticed, they didn’t say. I pulled away a message” to various defendants that 70’s sitcom? For more than a decade now, I dug in enthusiastically. The others at from the curb and made a right. Soon, I this community will not tolerate X’s I’ve worked for credibility for this col- the table merely watched. Feeling a bit could see the river ahead of me. Home lay conduct; urged that they put themselves umn as a venue for legal and law-related self-conscious, I asked “Am I the only right on the opposite shore. I really wished in the position of the victims or their discussion. Oh sure, I’ve got some clunk- one eating”? I could get there as the crow flies without families; and extrapolated the conduct ers along the way, but for the most part “We’ve already dined,” Paddy said, all that water in between. of the defendant to its worst possible they at least had a legal reference point. “unless you believe the old saw about not magnitude. In other words, both trial and And besides, if you’re up and around at killing someone with whom you break appellate litigators have long appreciated midnight your time, I should hope you bread.” the power of slippery slope arguments, could find something more productive to “Didn’t seem to work that well for and personalized the harm argued against do than watch reruns. Never fear tho. At guests at the House of Borgia,” I replied. to give the court or jury some “skin in least this time, the Great and Powerful “Sometimes I feel this is more like the the game.” A great example of the lat- Ros has every intention of granting your House of Atreus,” Paddy deadpanned. He ter, on the appellate level, comes from request. then turned to one of his guys and said, a comparative reading of the briefs and Actually, the reference most likely, “Box up Mr. Pound’s food to go. And opinions of Bowers v. Hardwick and and erroneously refers to Isadora Duncan don’t forget the soda bread. He’s already Johnson & Biscone www.oklalegal.com Lawrence v. Texas. In the former, the (1877 – 1927). The “mother of modern come a long way for nothing, and I don’t argument centered on the right of con- dance” gained worldwide fame for her want him unnecessarily delayed.” senting adults to engage in homosex- daring and avant-garde lifestyle as well “So the answer to whether you can help ual activity. The notion could not gain as her brilliant and (then) cutting-edge rein in your two Jersey guys is no’”. traction with a majority of the Court. In choreography. For example, she became “The answer is ‘can’t.’” Lawrence, though, the issue became gov- a close associate of the self-proclaimed This took me by surprise. “And that ernment intrusion into the most intimate “Wickedest Man in the World” Alistair would be because--?” I prompted. affairs of people, a thought- provoking Crowley, as an émigré in Europe she pub- “That would be because, as the song matter of interest to people regardless of licly embraced communism and, plan- goes, they have a lot of pretty, pretty boys orientation. Thematic and presentation ning to return from abroad, narrowly they call friends. New friends. Friends choices affect the outcome of a case missed booking passage on the doomed who remain outside my current sphere of every bit as much as the evidentiary basis passenger liner Lusitania. Unfortunately, influence. Friends who me make believe for the action. composers Marilyn and Alan Bergman I’d best keep my head down and my own While the Reptile theory may sway a and Dave Grusin didn’t quite do enough borders secure rather involve myself in jury, it might fail to move a judge decid- research. While Ms. Isadora never, inso- the intrigues of others.” ing a Motion for New Trial or survive far as I can discover, actually burned a This sounded distressingly close to my Oklahoma’s Top-Rated appellate review. Representative of the bra, she did on occasion, doff the article, conversation with Tony Segar. “Do these Lawyers Since 1995 latter, Westbrook v. General Tire and sometimes on purpose and sometimes pretty, pretty boys have names? “ Martindale-Hubbell® Rubber Co., 754 F. 2d 1233 (5th Circuit due to what we call today “wardrobe “Mr. Pound, I like you. I like what I’ve 1985): malfunctions.” On these occasions, she heard about you. Oh sure, we’re not on “A review of the entire argument would also sometimes call attention to the same side and all, but I can do this. Personal Injury reveals that while General Tire object- her anatomy providing her audiences I can grant safe conduct out of The City. Workers’ Compensation ed to just one community conscience with detailed description. Unfortunately, That’s the outer limit of my power here. Social Security Disability statement, similar statements pervaded she also died of a wardrobe malfunction And once you get back to the Garden 405-232-6490 Westbrook’s argument. When viewed when her scarf became caught in the State, I hope it’s your own garden that with the size of the verdict, these state- spokes of her bicycle, breaking her neck. you’ll be tending.” ments were of inescapable influence. For I’d hasten to add that this show began A guy came out of the kitchen with a The Hightower Building 105 N. Hudson, Suite 100 the reasons previously discussed, such in the early Seventies, a time in which, plastic sack containing two Styrofoam Oklahoma City, OK 73102 appeals to local bias against an outsid- for about five years, urban myths about boxes and a loaf of soda bread. Paddy er are prejudicial, and a large verdict bar-burning feminists made runs to the Hughes and I exchanged our goodbyes Journal Record Briefcase - 1/8th Page - 2020.03.12 4 BRIEFCASE • April 2021 Post-Pandemic Musings

By Katherine Mazaheri the practice of law, things can get mundane, and sometimes you need a spark to fire up It is undeniable that the COVID-19 pan- the engines at the office. Spending a year in demic shattered the normalcy we had prior isolation and transitioning to being back in to 2019, no matter who you are or where the office has made me value working. I’ve you are. Through the fast workings of become more purposeful about the service science, a lot of people have chosen to I want my practice to focus on, and ener- receive the vaccines to reduce the chances getic at our office. It’s important to bring of becoming ill with the virus. Now that I this light and motivation to my staff, who have fully received both vaccine shots, I’ve are suffering through their own hardships done some self-reflecting on the past year, and the pandemic. I’ve also learned the and realized that I have conquered some importance of bringing positive energy to valleys to get past the whirlwind of 2020. the workplace, ensuring that my staff knows In fact, we have all been through a shift, I believe in them and the good work we are and much like the many stages of grief, my doing for the community. We are all moti- friends and family have found ourselves vated as a team and family to do as much going through different stages to process as we can, and to ensure we are able to help the pandemic, and how to move on and our clients with their issues, but do it with move forward with our life after this. For nito103 via depositphotos.com our firm values in mind. me personally, I can clearly identify the impact COVID left on me and I’ve chosen 5. Accept Yourself to look at some of these changes positively. I find myself craving this quality time for talking to others, but it has been seared into Surviving a pandemic means accepting family gatherings and parties with friends. my mind and calendar. yourself no matter what, and despite chang- 1. Seize the Day! I feel like I have a year’s worth of socializ- While I have taken a carpe diem approach es that may have occurred through the Surviving through a pandemic has led to ing to catch up on, and I’ve been teaching in my everyday life, others have turned to past year. For me, this is in the form of the thriving. I’ve taken the phrase carpe diem myself that saying yes is not a bad word. more of a hermitic lifestyle. Many of my inevitable COVID weight I put on. I’m less to heart and am learning to seize each and Social interaction is not only needed in my close friends and family have found solace motivated to work out than ever, especially every day. As a firm owner and mom of life, but I crave it. My relationships with my in the 2020 year of isolation and find it with the uncertainty of the schedule of each four, seizing the day was not always an friends have transformed, as we can bond hard to leave the house. This is a very real day. Coupled with stress eating and abrupt option I gave myself prior to the pandemic. over the struggles we overcame in 2020. change that should be acknowledged, and gym closures, I’ve had to learn to accept In fact, I would typically weigh out com- At the office, I’ve noticed a change in my understood, as being a recluse was the req- myself for who I am today. I’ve also learned peting interests when invited out for social clients, many of which are eager to come in uisite for an entire year. Remember to treat that surviving through a pandemic, and get- events, and would ultimately have to weigh and make a personal connection rather than your homebody friends with grace, as their ting COVID means that sometimes a few being too tired, too busy, too overcommit- discussing by phone and zoom. Of course COVID experience and realizations may be extra pounds isn’t the worst thing I could ted, too … everything. The 2020 year of carpe diem in 2021 comes with a matching very different from yours. As for me, you go through. I’ll be applying my carpe diem isolation has flipped my perspective, and mask and a few extra feet of space when will find me at all the parties. motto to the gym, and I encourage anyone struggling with their weight to be more 2. Flexibility is Key sympathetic to themselves. We survived a Prior to 2019, I was not very forgiving pandemic, we got through that and we will of last-minute changes and cancellations. get past a few extra pounds too (at least Having lived through a pandemic, I’ve found that’s what I keep telling myself). myself become more flexible with my plans, and understanding at last minute changes. 6. Show Love When it Counts Whether it is in the office or in my personal While a lot of people collect coins, OklahomaOklahoma CityCity (405)(405) 947-5676 947-5676 • •www.warrenproducts.com www.warrenproducts.com life, I’ve learned that being accommodating antiques, or cars, I’ve been coined as a col- LocallyLocally ownedOklahoma owned and and operated operated City since 1983 is the new requisite. Tentative is now a prefix lector of relationships. Building connec- (405) 947-5676 • www.warrenproducts.com to the word plan, as any given moment some- tions with people I meet, both in and out Locally owned and operated since 1983 one may be quarantining or sick. Everyone is of the office, is one of my passions, and I experiencing something that has thrown their love hearing their stories. When my family life off balance. I find that focusing on what I and I got sick with COVID, I realized that can control helps me be more understanding those relationships had blossomed. Friends when plans need to change, whether it is a near and far showed up for me in differ- fully-charged phone, a spare outfit in the car ent ways; calling, texting, bringing food, in case plans change, or a clean environment. sending gift cards, or bringing medicine. Realizing that the people I had collected 3. What You Think of Me is as my friends were making these efforts None of My Business for me made me value the true meaning After being able to spend a year in iso- of friendship, and identity the efforts they lation, away from the critical comments made. Those kind gestures won’t be for- of others, I am now very comfortable with gotten, and I feel more appreciative of who I am. As such, I am less worried about those friends in my life now. what other people think of me. Blocking out negative energy has helped me to focus on 7. Sanitize, Sanitize, and Repeat 8. Certi�ied Commercial Keurig Dealer what I value, and be braver in the world. Let’s be real, who hasn’t turned into a With this new found energy and confidence, consistent sanitizer after this pandemic? I I’ve been able to take risks in my business, found myself become much cleaner when 8. Certi�ied Commercial Keurig Dealer focus on my passion in law by writing more our world turned to hand sanitizer as our articles, spent time raising my kids without savior and solace. If you ask my husband, uninvited input, and even picked up some he would boldly disagree with this state- new hobbies. What others think about me ment, but my focus isn’t solely on the 12. is none of my business and life without house. I am more concerned with what my the critical cloud of toxic people has been kids interact with, touch, and where their freeing. I’ve become more true to myself by hands go. This is a shift in me that is here thinking out of the box in my business and to stay, as I find myself becoming anxious 12. everyday life. when going to the grocery store or restau- rant. Our world view on germs has changed, 8. Certi�ied Commercial Keurig Dealer 4. Get. It. Done and I’ve learned to take it in stride with var- I’m more motivated to work than ever. In ious hand sanitizers and cleaning products.

12. www.okcbar.org • April 2021 • BRIEFCASE 5 There’s Nothing Sexy About Sexual Harassment By Katherine Mazaheri workplace because something as innocuous as lengthy inappropriate staring, standing Dear Esteemed Colleagues: over an associate and micromanaging to It’s past time for a reboot to our work- the extent that it is intimidating, invasion of place ethics. In light of recent events, I personal space, and “off color jokes” can be feel compelled to remind my professional evidence of gender discrimination and sex- colleagues that we may need to take heed to ual harassment in the workplace. Workplace ourselves when entering the workplace. At sexual bullying from both male and female times, we have all fallen short of our best employees, often called “slut shaming” is behavior at work. I’m not calling for per- another form of sexual harassment that can fection, but simply R.E.S.P.E.C.T. for one lead to a hostile work environment. another other regardless of gender or sex. While sexual harassment cannot easily To be clear, gender is not an open invi- be isolated to one specific type of behav- tation for “harmless” comments, which ior, the Equal Employment Opportunity teeter on the line between sexism and Commission (EEOC) has provided guid- harassment. Honey, sweetheart, or princess ance on obvious forms of sexual harass- may be well intended as endearing, but in ment, such as “unwelcome sexual advanc- a professional context, we now know that es, requests for sexual favors, and other such comments could be unwarranted and verbal or physical conduct of a sexual sound condescending. The silent pandemic nature.”5 Sexual misconduct in the work- infecting our workplace is the existence of stetsik via depositphotos.com place has evolved past the Mad Men era continuous and unreported sexual harass- of “outright sexism and cigarette smok- ment and gender discrimination inside our no matter the form it takes. The Mad Men infamous statements regarding grabbing ing.”6 The world has mostly moved past firms or between colleagues, while simply days are over, and it’s time for the good ol’ women by their genitals, as well as several the 1959 workplace where slapping a making professional connections. Non- boys to take a seat and start taking notes. claims of unwanted touches and groping, secretary on the behind was completely offending Attorneys: we look to you to As our community and profession mod- have been heavily criticized.2 Former poli- socially acceptable.7 In our modern world, assist us in keeping our colleagues account- ernizes, the lines of sexual harassment have tician Anthony Weiner faced time in prison sexual harassment has shapeshifted into able and not turning a blind eye to a toxic become clearer and the list of behavior due to allegations of texting lewd pictures different forms of conduct. Pet names, work environment. To those suffering at the that is no longer tolerated in the workplace to women and underage girls. 3 Filmmaker such as baby, honey, or sweetheart can be hands of practitioners to whom this letter is has grown. As we all know, sexual harass- Harvey Weinstein faced numerous accusa- evidence of sexual harassment and gen- addressed: we ask that you remain vigilant ment has run rampant among some of the tions of sexual harassment, sexual assault, der discrimination. In the office, sharing identifying and speaking out against harass- most influential individuals in our coun- and rape, due to the sexual harassment he sexual jokes or stories with your staff, or ment even among each other and treating try, with the form of harassment varying. had conducted against female actresses bringing up an employee’s sex life or how your female and male colleagues with noth- Allegations of President Joe Biden’s long who worked with him.4 Although these their anatomical parts work is also sexual ing but professionalism and respect. We are hugs, hair smelling, and lingering touch- are just a few of the many examples we’ve harassment.8 Unwanted touches, such as all bound by a professional and ethical duty es have been criticized as sexual harass- heard through the news, our colleagues to minimize gender discrimination at work, ment.1 Former President Donald Trump’s should be cautious of their behavior in the See HARASSMENT, PAGE 10

NEED A COURT BOND? OAMIC oers both court fiduciary and court judicial guarantee bonds. We make purchasing a court bond quick, simple and cost-eective. Visit oamic.com/court-bonds.

800.318.7505 | OAMIC.COM 6 BRIEFCASE • April 2021 Presumptive Thinking

By: Hon. James B. Croy the endless study of nuanced cases and Gayland Geiger on a crowded elevator derisively that we cannot trust the postal statutes, through moments of panic when I in the Oklahoma County Courthouse and service. And to the civilian, this is a very Most lawyers came to the law from some realized that the professor indeed did know calmly asked him if he was still doing sex logical observation. But to the lawyer, the other vocation. Some were teachers, or my name and had just used it, through writ- crimes. Our fellow civilian riders were visi- rebuttable presumption contained in the soldiers, or nurses, or bureaucrats. Of the ing, and through intense studying for the bly shocked by his placid admission that he ‘mailbox rule’ makes perfect legal sense. many Judges I know, one had been a beer finals. This effort to get the students to think indeed still did sex crimes. That was the dilemma. What is logical to distributor, another was once an electri- like lawyers was often couched in terms All of which brings me to my storage the lawyer is somewhere between illogical cian, and several were in law enforcement. of elements and holdings and dicta and unit. In late 2019 I found it necessary to rent and insane to the civilian. (I should clarify As for myself, during the last quarter of definitions and hundreds of other aspects a self-storage unit in Midwest City. I elected that by this point my discussion with Jeff the last century of the last millennium, I of the law. Sometimes the effort was suc- to pay the monthly fee by means of an auto- was largely academic as we had already was a researcher for the staffing agency cessful; sometimes it was not. Sometimes matic withdrawal from my bank. For two determined that the automatic bank draft of the Oklahoma Legislature known as the reward was the bar license number, and or three months all went well, and the bank was not sufficiently dependable to be our the Legislative Council. The Legislative other times the consolation prize was for sent monthly check to the storage facili- method of payment for the storage fee.) I Council provided research services for both the student to return to his or her previous ty without the proverbial hitch. However, ruminated over the conversation in subse- houses of the legislature and staffed all of vocation. January of 2020, the facility did not receive quent days, and I realized that it was not the committees for both houses. Nowadays when I think of the bar exam, I the check from the bank, although the bank just the mailbox rule which was befuddling Each committee was staffed by a realize that the goal of it was to ascertain the had mailed it. This was a mystery which to the civilian. Rather, it was the whole con- researcher, an accountant and a lawyer. degree to which the candidate had not only was not solved, but the problem disap- cept of the legal presumption itself. With The researchers all had advanced degrees soaked up facts, but it was also to gauge the peared after a couple of missed checks. respect to the so-called mailbox rule itself, in political science, the accountants had examinee’s ability to “think like a lawyer.” Then, in February of 2021, it happened there are other facets of the rule which business degrees, and of course the lawyers The success of the law school was deter- again. The bank had mailed the check, but are not relevant here. The aspect of the were all members of the Oklahoma Bar. mined by its success in training the graduate the storage facility did not receive it. The rule with which Jeff and I were concerned Over the years I worked with numerous to think in that manner sufficiently to pass bank, in the course of its business, produced was set out succinctly by the United State lawyers, and by far the most prominent the bar exam. a proof of payment showing that the check Supreme Court as early as 1884: “The rule staff attorney at the Legislative Council And the training worked. Lawyers speak had been mailed to the correct address on is well settled that if a letter properly direct- was Duchess Bartmess. Many of you know and think in code and shorthand. An employ- the correct date, and the funds had been ed is proved to have been either put into Duchess for her decades of distinguished ment lawyer may speak of quid pro quo, a withdrawn from my account. the post-office or delivered to the postman, practice in the public and private sectors. term often used by civilians in a completely A semi-spirited conversation with the it is presumed, from the known course of And in this case the word ‘prominent’ might different and somewhat fuzzy context. A facility manager ensued. I shall refer to the business in the post-office department, that be translated as ‘formidable’ insofar as the commercial lawyer makes a note in a con- manager as Jeff. To each of us the situation it reached its destination at the regular time, researchers were concerned. She did not ference with her client abbreviating bona was simple: For my part, I had contracted and was received by the person to whom it suffer the non-lawyer researchers on the fide purchase for value—itself a term of with the bank to mail the check, and the was addressed.”1 staff well. One of her main criticisms was mystery to the non-lawyer—with a scribbled bank had indeed sent it to the same address With the recent degradation of the postal that we did not “think like a lawyer.” For “BFP.” A judge shortens res ipsa loquitur, all previous checks had gone. Money was service, it is not absolutely certain that the our part, we were not completely certain also a legal shorthand, to res ips. A personal taken from my account. For Jeff’s part, it courts or legislative bodies would make what that meant, but we were fairly sure it injury attorney worries about “deep pock- was equally simple: He hadn’t received the the presumption that a package mailed is was a compliment. ets.” There are thousands of examples of the benefit of the money, and I needed to pay a package received. However, that is the Ironically, a few years later I found thought process that goes on in the world and for the monthly storage. I informed him that presumption as it exists today. It rebuttable, myself in law school where, although I was mind of the lawyer, a process that separates the law presumed that if something was put of course. When the lawyer and the civil- unaware of it at the time, the main goal the lawyer from the client and other civilians. in the mail, addressed to the correct address ian are discussing presumptions, they may was to train—not teach—me to ‘think like Sometimes it can have amusing consequenc- with sufficient postage on it, then it indeed a lawyer.’ This was accomplished through es, such as the time when I encountered ADA was delivered. To which Jeff countered See THINKING, PAGE 10 A Tribute to Judge Carol M. Hansen By: Judge Robert Bell example. Judge Hansen was committed to self a cup of chicory coffee, so strong that ing to try something new, always looking the rule of law and believed in her judicial it that could scare away even the most for her next big adventure, never letting Judge Hansen served on our court from philosophy. One of Judge Hansen’s former fervent of coffee lovers. In between cases, her age be an impediment. Unsurprisingly, July 1985 to January 2012. It is one of the staff attorneys, Debbie Clark, who worked she would chat about the latest movies she Judge Hansen was also a marvelous hostess. great joys of my life that I was privileged with Judge Hansen for more than 30 years, had seen or the never-ending list of books Judge Hansen’s husband used to coach col- to be able to share Judge Hansen’s friend- notes “She was very forthright about her that she had read. She spoke often and lege basketball, and sometimes there were ship for part of this time. I first was aware judicial philosophy—decide the case where reverently about her family. Judge Hansen players who wouldn’t have any place to go of Judge Hansen while practicing law but the law leads us, whether or not you like the was a remarkable and devoted mother of for Thanksgiving meal, so Carol would host when I became a judge on the Court of Civil outcome.” Judge Hansen’s legacy extends five daughters. She gleamed with pride them at her house. Ms. Clark remembers her Appeals, I really got to know her. She was far beyond the years she served. Her opin- when she spoke of her children and reveled saying “If I’m going to cook for 10, I might exceptionally warm and gracious in wel- ions have a profound impact on the legal in their various endeavors and accomplish- as well cook for 30!” coming me and sharing her wisdom, expe- community and will continue to do so for ments. She had a tremendous amount of Judge Hansen’s judicial and personal lead- riences and critiques about the court. Judge years in the future. pride for her daughters. Her love and affec- ership, her commitment to the principles of Hansen and I had become fast friends and Despite her many legal accomplishments, tion for every member of her family were justice, and most of all, her strong spirit and she became a reliable mentor and instructor. Judge Hansen is best known for her positive abundantly known. loving heart, will continue to live on and Judge Hansen was an independent effect that radiated on those around her. Judge Hansen also possessed a tremendous impact our community. I am grateful for woman who led people by example of Judge Hansen cared not only about justice, sense of adventure. She traveled extensively, the opportunity and experience of working integrity and service. She had a remarkable but about her family, her co-workers, and visiting all seven continents throughout her with her. I will miss her. Judge Hansen will ability to motivate and to inspire people to the people of Oklahoma. lifetime, always bringing back gifts for her always remain someone whom I have tre- perform well. She truly led by competitive At work, Judge Hansen would pour her- collogues at the court. She was always look- mendous respect, admiration, and affection.

SPECIALIZING IN NATIONWIDE ABRAHAMS SINCE LARGE BONDS BAIL & APPEARANCE 1959 BONDS 405-528-8000 www.okcbar.org • April 2021 • BRIEFCASE 7 Oklahoma Appeals Old News - The Podcast OCBA OLD NEWS – Vol. 5 No. 3 March 1, 1973 By: Miles Pringle Oklahoma College of Law and focuses on TELL HER business law, real estate, oil & gas, and Oklahoma attorneys have an excellent new estates and trusts. Prior to law school Gabe I DON’T HAVE TIME resource to keep up to date on legal issues worked in California in the tech industry and with “Oklahoma Appeals – The Podcast”. still uses many of the skills he developed “Mrs. Webster, please hold all but my on every controversial case or issue. Now, Available for free on multiple podcast plat- there today. He also serves our country as a very important calls – I must write the if you want my individual views on the forms (Apple, Stitcher, Spotify, etc.), the marine (a graduate of the U.S. Marine Corps President’s letter this morning. Nader case, don’t quote me, but I think the podcast is a conversation between the hosts Command and Staff College and the U.S. Air “Come in, Redford. No, I can’t go to the court was wrong in holding for the plain- regarding civil appeals, litigation and issues Force Air War College) and has been award- loan closing this morning. I have to attend tiff. My firm represented the defendant.” related to the practice of law in Oklahoma. ed the Meritorious Service Medal (with the opening of the Environmental Law “Hello, Bill. Tee time at 1:52? I really Some episodes also include appellate law gold star in lieu of second award), Navy and Institute. Have Jack handle it. The file’s shouldn’t do it. I’ve got a real important “pro tips” for practitioners. Marine Corps Commendation Medal (with in that stack over there. No, the small one meeting this afternoon, but I’ll be there.” Launched in September of 2020, the pod- combat distinguishing device) and the Navy behind the large County Bar stack with the “Mrs. Webster, my compliments to you. cast already has 15 episodes under its belt. and Marine Corps Achievement Medal. In “urgent” tag on top.” That was an important call. Move the Several of the episodes summarize recent fact, it was during a recent deployment in “Yes, I’ll talk to Mr. Smith. Hello, Bob. Law Day Committee meeting to tomorrow opinions of the Oklahoma Supreme Court Afghanistan when Gabe raised the idea of All you can do now is seek an emergency afternoon. Tell Mr. Sargent to attend tomor- and the Oklahoma Court of Civil Appeals, starting the Oklahoma Appeals podcast. certificate with a pre-granted abandon- row’s merger conference in my place.” while others include judicial interviews. The The website where you can find the pod- ment provision. Can I help it if the courts “Hello, Yes, Mr. Thomas. Of course I list of interviewees for the podcast is impres- cast (http://oklahomaappeals.com) contains knocked out the exemption for small pro- know what a wrap around mortgage is. sive including Justice James R. Winchester, other helpful information. For example, the ducers? They knocked out our minimum We’ll get it out for you. Mrs. Webster, tell Judge Jane Wiseman, and the Oklahoma “Case Alerts” page lists several opinions and fee schedules, too.” Mr. Hill to find out what a wrap around County Bar Association’s own Judge Sheila are accompanied by a great summary of the “That reminds me, Mrs. Webster, make mortgage is, and to draw one. He can get Stinson. Thoughts and tips from the guests case such as the facts, standard of review a note to call a meeting of the committee the details from Mr. Thomas.” are well worth a listen. and a concise analysis. Additionally, you to support increases in judges’ salaries, and “And, Mrs. Webster, bring my tranquil- Hosts Gabe Bass and Jana Knott are mem- can provide your email address and receive bring me my morning vitamins.” izers, call the lunch counter and order my bers of Bass Law Firm, P.C. with offices in El new case alerts and notifications when new “A reporter? I suppose I must talk to him. usual sandwich. I’ll eat it in the car on my Reno and Oklahoma City. Jana is a graduate episodes are released. Hello. The Nader case? The County Bar as way to my 1:52 appointment to inspect of Oklahoma City University School of Law Oklahoma Appeals – The Podcast is a such doesn’t take a position as to whether some real estate.” and worked for seven years as a staff attorney high-quality resource for Oklahoma attor- particular decisions are right or wrong. “Carol’s on the phone? Tell her I am for Justice Noma D. Gurich. Given the name neys. Whether you are an active litigator, a We accept them. If they are appealed and sorry, but I won’t have time to write the of the podcast, it is fitting that a good part of new attorney, or just want to stay informed reversed, we still accept them. We have President’s letter this month.” her practice involves appellate litigation. on the issues, I highly recommend checking over one thousand lawyers with highly dif- Gabe is graduate of the University of out this podcast. fering views. We can’t poll the membership Stewart W. Mark, President Welcome to the panel, Bill!

"Bill Threlkeld is a tenacious advocate whose skills and personality are well suited to help parties resolve their cases.” -- Ted Sherwood, Owner of Accord Mediation and Arbitration

More Mediators. More Experience. More Results.

Ted Sherwood Joe Farris 15 W. 6th St. Mary Fitzgerald ACCORD Suite 2800 John McCormick Chad Moody Tulsa, OK Hugh Robert MEDIATION| ARBITRATION 74119 Robert Sartin Bill Threlkeld Christian Tolen 918-592-1144 Danny Williams View calendars & book online at AccordADR.com 8 BRIEFCASE • April 2021

Bar Observer BENJAMIN K. DAVIS NAMED family law experience and is the newest the Litigation Counsel of America (LCA). Stong’s practice focuses on corporate PARTNER AT HARTZOG partner at DSDA. Prior to his arrival, Phil The LCA is a trial lawyer honorary and securities law. Stong is a graduate CONGER CASON was an entrepreneur as the founder of society composed of less than one-half of of Indiana University School of Law. He Hartzog Conger Cason today announced his own law firm. He primarily focuses one percent of American lawyers. Fellow- received his M.B.A. from the Universi- Benjamin K. Davis as the firm’s newest his practice on helping his clients over- ship in the LCA is highly selective and ty of Oklahoma and his undergraduate Partner. Since joining Hartzog Conger come complex challenges relating to all by invitation only. Fellows are selected degree from the University of Virginia. Cason in 2019, Davis has concentrated aspects of family law – with an emphasis and invited into fellowship after vigorous This is his second tenure as president, his practice in the areas of real estate on adoptions, guardianships and general vetting for effectiveness and accomplish- having served in that role from 2008 to transactions, commercial lending and family matters. Phil graduated magna ment in litigation, both at the trial and 2012. Additionally, he chairs the firm’s financial transactions, and general corpo- cum laude from the Oklahoma City Uni- appellate levels, as well as for their ethi- business department. rate and business matters. versity School of Law and earned his cal reputation. Larimore’s practice focuses on multiple Davis earned his law degree from B.A. in Sociology from the University of A director in the firm’s Energy, Envi- aspects of business, commercial, corpo- the University of Oklahoma College of Central Oklahoma. ronment & Natural Resources Practice rate and securities transactions as well Law in 2013 and received a Bachelor of Brenda joins DSDA as an attorney of Group, she is also a Fellow of the Amer- as oil and gas industry transactions. He Science in Agricultural Economics and counsel. She has extensive experience ican College of Environmental Lawyers is a graduate of the University of Texas Accounting from Oklahoma State Univer- in divorce, paternity actions, adoptions and a founding member of the Oklaho- School of Law and the University of sity in 2009. and guardianships. Brenda also advises ma Bar Association’s Environmental Law Oklahoma. Davis currently serves on the Board clients in modification and enforcement Section. She is the fourth Crowe & Dun- Childers serves as co-chair of the firm’s of Directors for the Oklahoma County of court orders related to support, cus- levy attorney selected as a LCA Fellow, Labor & Employment Practice Group. A Bar Association Young Lawyers Divi- tody and visitation. She assists clients in joining Kevin D. Gordon, Judy Hamilton graduate of the University of Oklahoma sion, and on the Leadership Counsel complex and highly contested family law Morse and John M. Thompson as mem- College of Law, he received his under- for Oklahoma State University Alumni matters related to property division, debt bers of this prestigious honorary society. graduate degree from the University of Association. He previously served as the division, spousal support, child custody Burnett is a graduate of the Univer- Oklahoma. President of the Sirloin Club of Oklaho- and visitation, child support, contested sity of Oklahoma College of Law and Hoffhines is a member of the firm’s ma and on the Board of Directors of the adoptions and guardianships. She also received her undergraduate degree from Real Estate and Banking & Financial Oklahoma Youth Expo. represents clients through the mediation Southern Methodist University. Institutions Practice Groups. She is a process. Brenda received her Juris Doc- graduate of Oklahoma City University TWO ATTORNEYS torate from the Oklahoma City University NEW EXECUTIVE School of Law and earned her under- JOIN DOERNER School of Law and obtained her under- COMMITTEE NAMED AT graduate degree from the University of Doerner, Saunders, Daniel & Ander- graduate degree in Political Science from CROWE & DUNLEVY Central Oklahoma. son, LLP (DSDA) is pleased to announce the University of Oklahoma. The directors of Crowe & Dunlevy A director in the firm’s Tulsa office, the addition of two attorneys. Phillip J. elected attorney Roger A. Stong to serve Rosser co-chairs the firm’s Real Estate Tucker and Brenda R. Fitzpatrick will BURNETT APPOINTED as the firm’s president and CEO for 2021 Practice Group. He is a graduate of the join the firm’s Oklahoma City office as AS LITIGATION COUNSEL and named four other attorneys to serve University of Oklahoma College of Law part of DSDA’s Family Law Practice OF AMERICA FELLOW on its executive committee. and Oklahoma State University. Group. Crowe & Dunlevy attorney LeAnne In addition to Stong, James W. Lari- A graduate of the University of Okla- Phil brings more than 37 years of Burnett has been selected as a Fellow of more was reappointed as vice president homa College of Law, Ottaway chairs of economics and Adam W. Childers, the firm’s Private Wealth & Closely-Held Kari Hoffhines and Malcolm E. Rosser Business Practice Group. She earned her IV will serve as members. The executive undergraduate degree from the University committee is responsible for managing of Oklahoma. the firm’s business operations. Rieger is chair of the firm’s Healthcare The firm also named Cynda C. Ott- Practice Group. She is a graduate of the away as chair of the board and Karen S. University of Oklahoma College of Law Rieger to serve as the board’s vice-chair. and earned her undergraduate degree from An experienced business lawyer, the University of Oklahoma.

Volunteer Opportunities Each month in 2021, we will Volunteer Page of the Civic Center website attempt to offer places and sites for more information. for you to find volunteer oppor- tunities. Let us know if you have H.B. Parsons Fish Hatchery someone/someplace you want to Fishing educators, scout groups and add. other individuals are welcome to assist with a variety of programs and tasks in CITY OF OKLAHOMA CITY partnership with the H.B. Parsons Fish The Parks & Recreation Department Hatchery. The hatchery welcomes volun- relies upon the support of community teers of all abilities with a keen interest in volunteers to assist us in providing green fishing, fish management and education. spaces, recreation and cultural services to For Eagle or other advanced scouting citizens and visitors alike. merit projects, call the Hatchery at (405) We welcome the help of church, cor- 297-1426. porate, neighborhood, school and scout groups for projects large and small. Martin Park Nature Center Volunteers at Martin Park Nature Center Civic Center STARS assist with trails maintenance, program When the curtain goes up at the Civic preparation, serve as visitor liaisons and Center Music Hall, its 300+ volunteer ush- also help with special events. The park ers and ticket-takers become the STARS also welcomes groups for specialized of the show, providing essential front-of- projects, including advanced community house services to ensure guests have an projects from Eagle Scouts, Girl Scouts, enjoyable experience. The STARS pro- 4H and other groups. The park›s year- gram requires a long-term commitment round youth volunteer program lets boys and is best suited to individuals who and girls from ages 6 to 18 get a hands-on can work one or two nights per month. education while learning about nature park Candidates must be age 16 or older and go management from park naturalists. through on-site training. Call (405) 297-2584 or visit the See VOLUNTEER, PAGE 10 www.okcbar.org • April 2021 • BRIEFCASE 9 10 BRIEFCASE • April 2021

HARASSMENT knows or reasonably should know is harass- in which women have been subjected to paign-2019-6 2. Eliza Relman, The 26 women who have accused Trump of continued from page 5 ment or discrimination on the basis of race, uncomfortable and inappropriate working sexual misconduct, Business Insider (Sept 17, 2020) https:// sex, religion, national origin, ethnicity, dis- conditions due to a colleague or supervi- www.businessinsider.com/women-accused-trump-sexual-mis- brushing up against someone, placing your ability, age, sexual orientation, gender iden- sor’s unwillingness to see them as equally conduct-list-2017-12 3. Benjamin Weiser, Anthony Weiner Gets 21 Months in Prison hand on their lower back, or touching their tity, marital status or socioeconomic status worthy of respect. In sum, if you’ve found for Sexting With Teenager, The New York Times (Sept 15, hair could be perceived sexual harass- in conduct related to the practice of law.10 yourself rolling your eyes while reading 2017) https://www.nytimes.com/2017/09/25/nyregion/antho- ment. To be very clear, any action that Lawyers who violate this rule can face this or scoffing at the #metoo movement, I ny-weiner-sentencing-prison-sexting-teenager.html?auth=log- in-google could make your staff or opposing counsel professional discipline for their miscon- advise you to tear this article out and keep 4. Anna Watts, Full Coverage: Harvey Weinstein Is Found even the slightest bit uncomfortable in the duct and if that isn’t enough of a deterrent, it in your back pocket. You can change Guilty of Rape, The New York Times (July 14, 2020) https:// workplace should be re-analyzed. This sexual harassment and gender discrimi- “Dear Esteemed Counsel” to your name www.nytimes.com/2020/02/24/nyregion/harvey-wein- stein-verdict.html statement applies regardless of gender, as nation is also illegal and actionable under because it was specifically written as a 5. What is Sexual Harassment?, EEOC Guidance, https:// sexual harassment can and is conducted by Title VII of the Civil Rights Act (Feel free primer—for you. It’s hard to believe, that www.un.org/womenwatch/osagi/pdf/whatissh.pdf. all genders. Are we still taking notes? to call me if you need representation – in 2021 this is still an issue we have to 6. Olga Mack, Show’s Over: Moving Past Mad Men Policies to Gender Equity in The Workplace, Take the Lead Women (July Not only is sexual harassment inappro- shameless plug). address. Yes, the times have changed, so it 27, 2016) https://www.taketheleadwomen.com/blog/shows- priate, it is an ethical violation of the rules Sexual harassment often comes from a is time to change your behavior and show moving-past-mad-men-policies-gender-equity-workplace. of conduct for attorneys. The American Bar power imbalance at work, people that have some restraint, deference, and wisdom 7. Mad Men and Rampant Sexual Harassment, An Everyday Light Worker (Amli), https://amliae.medium.com/mad-men- Association has adopted the Model Rule insecure employment under perpetrators (hard-earned as it may be). and-rampant-sexual-harassment-5bd38920821e (last visited of Professional Conduct 8.4(g) to make it that have all the control. Many victims April 9, 2021). explicit that sexual harassment is an ethical feel pressure to continue the status quo (Endnotes) 8. What is Sexual Harassment?, EEOC Guidance, https:// www.un.org/womenwatch/osagi/pdf/whatissh.pdf. 9 1. Eliza Relman and Sonam Sheth, Here are all the times Joe violation for lawyers. The rule states that: and not report the behavior, even when a 9. Model Rules of Prof’l Conduct r. 8.4(g) (Am. Bar Ass’n). Biden has been accused of acting inappropriately toward 10. Id. r. 8.4(g). It is professional misconduct for a lawyer work environment has deteriorated and women and girls, Business Insider (May 4, 2020) https://www. to. . . engage in conduct that the lawyer become hostile. Our office often sees cases businessinsider.com/joe-biden-allegations-women-2020-cam-

THINKING with which he is charged, and that presump- the presumption was overcome by sufficient possible to set out the law of the rebuttable continued from page 6 tion continues unless, at the consideration of evidence. Thus, a workers’ compensation presumption in a more obtuse way, but not all of the evidence, you are convinced of his judge was upheld when he found “that the without a lot of work. More simply put, a not even reach the concept of refutability guilt beyond a reasonable doubt.” claimant had failed in his burden to refute presumption is not evidence. Rather, it shifts because the lawyer is concerned with pre- Lawyers encounter presumptions almost the presumption by a preponderance of evi- the burden to the responding party to pro- sumptions while her client is thinking in every day, but to the client the presumption dence,”15 while an appellate court agreed duce evidence.18 terms of assumptions. To show the differ- is an alien force. It drives the case in a partic- with the probate judge “that the presumption And so I end by asking you, “Do you think ence to the non-lawyer, the attorney may ular direction. “If this has been shown, then of undue influence was contestants’ due, but like a lawyer?” When you read the fact situa- resort to the rather simplistic explanation this other thing is the result.” That is what the [we] hold that the will proponent’s proof tion involving the monthly payment of space that an assumption calls for certain facts client sees. Enter the other half of the con- was sufficient to rebut the presumption.”16 rental at the storage unit, did you consciously to be accepted as true in order to answer cept: the ability to rebut the presumption— Sometimes, the court simply stands a pre- or subconsciously click off elements of the a question or reach a conclusion,2 while a evidence offered to counter the presumption. sumption on its head and gives us a result problem? We do it as a matter of course: presumption is a rule of law that the trier of Going back to the example of the payment which is odd at best: “Since the presumption There was an obligation to pay. Payment fact must accept because other facts have of the fee for the storage unit, Jeff was con- above discussed arises because of our confi- was made by a neutral third party. The third been proven.3 Now that clarification should fronted by a proof of payment generated by dence in the mails, we must likewise apply it party was in the business of making these sufficiently confuse the non-lawyer client a neutral third party whose duties included conversely, and when a person swears he did payments. A proof of payment was produced. to the point that he shrugs his shoulders in both the mailing of payments and the pro- not receive a letter, a presumption arises that The payee denied receiving the payment. defeat and utters, “Yeah. Whatever.” duction of documents proving payment. One it was not mailed. It at least raises a doubt on The payment was never receipted. The bank Is it important that the lawyer’s client might ask what he could possibly offer the that point.”17 check was never cashed. Both parties are understand the concept of a legal presump- court to overcome such evidence. Finally, there is a statute concerning rebut- innocent. Who bears the loss? The analysis tion? I suggest it is much more important The answer to this dilemma is simple and table presumptions. Title 12 O.S. § 2303 was accomplished by the lawyer in the blink if that presumption results in a negative sounds like a nonsensical dodge: The evi- states: of the eye. It was automatic for the lawyer outcome in the case at bar. When the verdict dence necessary to refute the presumption is Except when otherwise provided by law, to think like one. Mission accomplished, is in the client’s favor, the reasons for the vic- whatever convinces the trier of fact that the when the basic fact of a presumption has Duchess. tory fade in importance, but when the case presumption has been overcome. Whether been established as provided in Section 302 I would like to thank Jeff Seabourn, gen- has been lost, the client is interested in every the lawyer stands before a judge, a six-per- of this Code: eral manager of Tinker Self Storage for his aspect of that loss. If the loss is as a result of son jury or a twelve-person jury, the task 1. If the basic fact has any probative value patient contributions to this article. Also I a presumption, it is important that the lawyer is the same: show that in this case the pre- of the existence of the presumed fact, the thank retired Judge Geary Walke for his be able to explain that presumption. sumption fails. One case states it this way: presumed fact shall be assumed to exist and counsel and advice. Presumptions are not rare. In Oklahoma “When evidence is introduced rebutting the the burden of persuading the trier of fact of we have over one hundred statutory rebut- presumption, the presumption disappears, the nonexistence of the presumed fact rests (Endnotes) 1. Rosenthal v. Walker, 111 U.S. 1854 (1884). table presumptions in virtually every facet leaving in evidence the basic facts which on the party against whom the presumption 2. Owens v. Oklahoma Turnpike Authority, 1954 OK 345. of the law. We must deal with presumptions are to be weighed. A presumption is a rule operates; or 3. Kramer v. Nichols-Chandler Home Bldg. & Brokerage Co., in child visitation,4 workers’ compensation,5 of law compelling a conclusion of fact in 2. If the basic fact does not have any pro- 1924 OK 921. 4. 43 OS 150.8, 109.3, 112.2 6 7 criminal procedure, criminal law, civil pro- the absence of evidence against the conclu- bative value of the existence of the presumed 5. 85A OS 74 cedure,8 juvenile law,9 torts,10 conveyances,11 sion.”14 fact, the presumed fact is disregarded when 6. 22 OS 1355A, 171.2 agricultural law,12 and tax law,13 just to name Appellate courts have generally upheld the the party against whom the presumption 7. 21 OS 1728 8. 12 OS 2303 a few. Also, I would be remiss if I were to trial courts on whether or not the presump- operates introduces evidence which would 9. 10A OS 2-2-401.2 fail to mention the most common rebuttable tion has been rebutted. Either the fact-finder support a finding of the nonexistence of the 10. 76 OS 57.2 presumption of all. It is one which I person- was persuaded by the rebuttal evidence, presumed fact and the existence of the fact 11. 16 OS 53 12. 2 OS 14-43 ally have explained to civilians hundreds of or he was justified in not being persuaded otherwise presumed is then determined from 13. 68 OS 1354.32 times--one which every judge who has pre- by it. In the latter case, the appellate case the evidence in the same manner as if no 14. Conaghan v. Riverfield Country Day School, 2007 OK 60. sided over a criminal jury trial has instructed invariably reports that the party responding presumption had been operable in the case. 15. Davis v. Southwestern Bell Telephone, 2006 OK 48. 16. In re Estate of Holcomb, 2002 OK 90. the jury to follow. As I recall, it goes some- to the presumption did not produce suffi- When the civilian reads this section, she 17. Keeling v. Travelers Ins. Co., Hartford, Conn., 1937 OK thing like this: “You are instructed that the cient evidence to overcome it, while in the remembers just why it is that she distrusts 208. defendant is presumed innocent of crime former case, the appellate court agrees that the legislature . . . and lawyers. It might be 18. Oklahoma Aid Association v. Thomas, 1927 OK 24.

VOLUNTEER Gardens. This specialty garden welcomes gardening forming arts programs, or teach a recreation program or continued from page 8 enthusiasts of all ages and ability levels for planting and class to our youth or seniors. other outdoor projects, including individuals working on Call (405) 297-2211 for additional information. Call (405) 297-1429 or email about volunteer their Master Gardener certification. opportunities. Call (405) 297-1392 for more information. Park Clean-Up and Group Projects We welcome projects for large groups including corpo- Will Rogers Gardens Youth and Adult Recreation rate, church, neighborhood, scout group and other clean- Do you have a green thumb or love to spend time in the Do you have a skill that would benefit the community? up efforts. If you have a specific project you would like to garden? Then ask about the many ways you or your group Then sign-up to work at a recreation center, assist as a complete, please contact us at (405) 297-3882 to coordi- can assist with beautification efforts at the Will Rogers coach, umpire or director with our youth sports or per- nate your project with Parks & Recreation staff. www.okcbar.org • April 2021 • BRIEFCASE 11

brians101 via depositphotos.com

BINDS of the 18th Judicial District, was about to Oklahoma’s response and competency in the Oklahoma would be absolutely worthless.” continued from page 1 start the final day of a first-degree- mur wake of the explosion was nothing short of I would agree. der trial. Justice Taylor was running a few expert and was unmatched in its time. “The stark irony that the very government Newly appointed Federal District Judge moments behind and was about to walk into The impact of the response to the bomb- that McVeigh and Nichols sought to under- Michael Burrage was in a plane heading the courtroom to begin closing arguments ing, not the bombing itself, has been noth- mine was good enough to give them a fair to Washington, D.C. for training when he when he was notified that a gas line exploded ing short of remarkable. Governor Keating and impartial trial,” Justice Taylor recalls. received news of a gas line explosion that in downtown Oklahoma City. Deciding not remembers a time when Oklahoma City was That is an important lesson for everyone to devastated downtown Oklahoma City. By to distract the jury, he carried on with his widely considered to be a lesser city to Tulsa. remember, especially lawyers. No matter the time the plane landed, he saw footage of duties. While the jury deliberated that after- Today, Oklahoma City is a booming metrop- how traumatic an event, the oath that attor- people he knew coming out of the building, noon, the news broke that the explosion was olis: both beautiful and historic. neys in Oklahoma subscribe to is of the including his daughter-in-law as she bled an intentional act. Today, the State of Oklahoma, almost utmost importance to maintain. from injuries while carrying a child from the Polly Anderson, the Executive Director of 70,000 square miles in size, feels more like The Oklahoma Standard is still alive today crater that was the Murrah Building. Oklahoma Educational Television Authority, a community rather than a state. The rescue as Oklahoma as a community is defined with Judge Don Andrews recalled being an was living in Florida at the time and remem- workers from within Oklahoma and beyond two words: Unity and Resilience. Though attorney in Judge Clinton Dennis’ court- bered being in her living room emotionally set in motion a lasting legacy of kindness that day may have been the most painful the room, now Judge Martha Oakes’ courtroom, watching for weeks as the story of the bomb- and caring that Oklahoma is known by. Oklahoma community has ever dealt with when a flash and bang knocked the glass out ing unfold. The meanest thing I have ever heard an collectively; nothing unites like pain shared. of the window. “Several other attorneys and Seth Paxton, a young attorney from Tuttle, Oklahoman say is “bless his heart.” Even Executive Director Anderson reflects that myself were standing next to the window Oklahoma who works at the Capitol on a with an undertone of Southern wit, we can- Oklahoma City is a caring and helpful place and we immediately went to the ground.” regular basis, said that the bombing has been not even be mean without being kind-hearted in a way that she has not seen replicated. The court room was wall to wall with people a presence in his life since he can remember at the same time. That is the epitome of the Oklahoma on a contempt citation docket. everyone in and the impact of that day is the most obvi- I have often been asked why I chose Standard. We take care of ourselves, sure the room thought the powerful blast must ous thing about Oklahoma City. Oklahoma City to as my home. Why not my enough, but we also just “take care.” When have come from the alleyway outside the The lasting impact is certainly undeniable. hometown or Dallas, where I have family. I the members of the New York City Fire courtroom windows. It was not until Judge But aside from the tragedy, Oklahoman never could put my finger on what it was until Department arrived to Oklahoma City to Andrews was outside walking his clients showed the world something that was not I spoke with these amazing people. There is assist, they were treated like members of the to safety that he saw the plume to the north expected at the time. Twenty-six years later, such a communal feeling in Oklahoma that community. Every night, the local treatment and realized the blast was in the area of each of these people agree that the unity is a direct result of Oklahoma’s reaction to for these men and women who traveled to the Murrah Building. He later learned that and resilience of Oklahoma is a part of the bombing. the heartland to help was a made-up cot, he lost several clients who worked in the the “Oklahoma Standard.” Dorian Quillen Justice Taylor recalls explaining to the with a piece of candy and a handwritten Murrah Building. wrote: 1 attorneys for both the prosecution and note on the pillow thanking them. Our Larry Ottaway was on his way to work “The Oklahoma Standard” is a great defense in the State’s case against Terry rescue workers and volunteers have set that morning and decided to stop by strategy for dealing with the terrible Nichols that the trial was going to be fair the standard in care and kindness. Natural Brown’s Bakery at the urging of his sweet events life often presents in our own and impartial “or there would be no trial.” disasters like tornadoes and floods are sim- tooth. He was standing in Brown’s when lives. We may face challenges which He was so impressed and pleased with the ply no match for the Oklahoma Standard. the blast went off and shattered the glass seem beyond our capacity to overcome, “superb job” of the attorneys for both sides Neither is terrorism. windows. Watching the events unfold for yet by choosing a response of resilience at the conclusion of the four-month trial. ______the next half hour or more, Larry witnessed we refuse to be defined by the worst That trial, according to Justice Taylor, proved Thank you to Justice Steven Taylor, pickup trucks of people being shuttled to things that happen to us. that the system worked and that no matter Governor Frank Keating, Executive St. Anthony’s for treatment. If Larry had Just a cursory search of the Oklahoma how heinous a crime, each person deserves Director Polly Anderson, Judge Don not been hungry for a pastry, he would have Standard will give you many examples of and can receive a fair and impartial trial. Andrews, Michael Burrage, Larry Ottaway been driving to his office next to the bomb- the amazing responses born on April 19, He added that “without defense lawyers and Seth Paxton for taking time to speak ing as it occurred. 1995. In fact, Governor Keating was later upholding their oaths to do their very best, with me. Justice Steven Taylor, the then Chief Judge told by a significant Washington figure that the value of our rights as the citizens of 1. metrofamilymagazine.com 12 BRIEFCASE • April 2021

POWERING PAYMENTS FOR THE LEGAL INDUSTRY

The easiest way to accept credit, debit, and eCheck payments

Trust Payment IOLTA Deposit The ability to accept payments online has

Amount become vital for all firms. When you need to get it right, trust LawPay's proven solution. $ 1,500.00 Reference As the industry standard in legal payments, NEW CASE LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ Card Number local and specialty bars, the ABA, and the ALA. **** **** **** 4242 Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms.

ACCEPT MORE PAYMENTS WITH LAWPAY

866-276-9492

LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Synovus Bank, Columbus, GA. lawpay.com/okcbar