ALSO INSIDE: Oklahoma Lawyers Selected for Leadership Academy 2020 Committee Sign-Up Form • Photo Highlights: Annual Meeting

Volume 90 — No. 10 — December 2019

Starting a Law Practice

contents December 2019 • Vol. 90 • No. 10

THEME: Starting a Law Practice Editor: Patricia Flanagan

FEATURES PLUS 6 The Nuts and Bolts of Opening a Law Practice 36 Photo Highlights: Annual Meeting By Jim Calloway 40 Oklahoma Lawyers Selected for 12 Trust Accounting Basics Leadership Academy

By Julie Bays 41 2020 Committee Sign-up 18 Leveraging Technology By Timothy Kent 22 Challenges of Practicing Law in Today’s World – Technology Tools & Exposures By Phil Fraim 26 The 10 Do’s and Don’ts of Legal Marketing By Marc Cerniglia and John Hinson 32 Confessions of a Small-Town Attorney: A Day in the Life of a Ham and Egger By Micah G. Ayache

DEPARTMENTS PAGE 36 – Annual Meeting Highlights 4 From the President 42 From the Executive Director 44 Law Practice Tips 50 Ethics & Professional Responsibility 51 Board of Governors Actions 54 Oklahoma Bar Foundation News 57 Young Lawyers Division 60 For Your Information 62 Bench and Bar Briefs 64 In Memoriam 66 Editorial Calendar 69 What’s Online 72 The Back Page PAGE 40 – Leadership Academy From The President The State of the OBA By Charles W. Chesnut

NE OF THE MANY RESPONSIBILITIES the Claim for Relief, he alleged that – to the Opresident of the bar association is tasked with is extent that mandatory bar membership writing a president’s message for the bar journal each and dues are constitutional – the State month. By and large, it is probably the most dreaded job has not provided sufficient safeguards to the president has – that and the appointment of the chair ensure that attorneys’ mandatory dues and vice chair of the bar’s 22 standing committees. are not used for political and ideological This is my final speech and other activi- president’s message, and ties that are not germane interestingly, I’ve really to the bar’s regulatory enjoyed writing them. purpose, as required by As with anything, some As I’ve said many times before, constitutional law.” have been more fun to As defendants, we write than others. Some there’s an old saying in bar moved to dismiss the messages have been plaintiff’s amended com- somewhat obligatory in association circles that as plaint. The court partially their content. I haven’t granted the motions, enjoyed those as much; bar president, the year you dismissing plaintiff’s first however, I just try to find and second claims for ways to make them more plan and the year you get relief upon concluding fun to read. It’s definitely that U.S. Supreme Court been a challenge. are two different things. precedent approves man- My year as president datory bar membership of the OBA is almost over. and dues. As I’ve said many times before, there’s an old saying in Regarding the plaintiff’s surviving bar association circles that as bar president, the year you third claim for relief, as defendants, the plan and the year you get are two different things. You OBA contends that the OBA’s procedures want a quiet year that is productive. for handling member objections to the What I’ve actually experienced is OBA’s expenditures of dues comply with a year in which I, along with every the First Amendment. We also contend member of the Oklahoma Supreme that the OBA’s procedures are constitu- Court, Board of Governors and our tionally sufficient. executive director, have been sued The case is now beginning its discovery by one of our members. Quoting phase. from the joint status report filed Our premier event of the summer, with the court in the case, “The the Solo & Small Firm Conference, was plaintiff is licensed to practice law flooded out of its original destination in in the State of Oklahoma. He chal- Tulsa in June and had to move to another lenged the State of Oklahoma’s location. It turned out swimmingly, if requirement that he join and you will, thanks to the efforts of our bar pay dues to the Oklahoma Bar staff. They did an amazing job of moving President Chesnut practices in Miami. [email protected] Association as a condition of prac- to another location on an extremely short 918-542-1845 ticing law in the state. In his Third (continued on page 43)

4 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2019 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 90 — No. 10 — December 2019 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair content of their ads, and the OBA reserves Editor-in-Chief the right to edit or reject any advertising copy [email protected] LUKE ADAMS, Clinton for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor AARON BUNDY, Tulsa by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. CASSANDRA L. COATS, Vinita MACKENZIE SCHEER Advertising Manager PATRICIA A. FLANAGAN, Yukon BAR CENTER STAFF [email protected] John Morris Williams, Executive Director; AMANDA GRANT, Spiro Gina L. Hendryx, General Counsel; Richard LAURA STONE Stevens, Ethics Counsel; Jim Calloway, Director Communications Specialist VIRGINIA D. HENSON, Norman of Management Assistance Program; Craig D. [email protected] Combs, Director of Administration; Susan C. SCOTT JONES, Oklahoma City LAURA WOLF Damron, Director of Educational Programs; Communications Specialist SHANNON L. PRESCOTT, Okmulgee Beverly Petry Lewis, Administrator MCLE [email protected] Commission; Carol A. Manning, Director LESLIE TAYLOR, Ada of Communications; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS &

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

Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 5

Starting a Law Practice The Nuts and Bolts of Opening a Law Practice By Jim Calloway

PENING A NEW LAW PRACTICE IS, AT ITS CORE, OPENING A NEW BUSINESS. OIt is an experiment in entrepreneurship. Emotions are definitely involved. This can, and should, be exciting and thrilling.

There can also be trepidation THE PRACTICE AREAS and which require co-counsel or as one contemplates an unknown The lawyer or group of lawyers a referral. Some estate planning future, and it can involve mixed leaving an existing firm will and contract drafting can round emotions for someone like a new probably start with some existing out the new law practice but will law school graduate who really clients and a good idea of the prac- likely not form the foundation of preferred to obtain employment to tice area focus. The lawyer leaving it. Being a “courthouse lawyer” begin their career, but for what- a firm where all the clients will be also increases your visibility in the ever reason did not. It can even be staying with the firm or the new legal community which can result tinged with regret for the lawyer lawyer opening a practice will face in more business. who has departed an established establishing a practice area focus. I law firm that dissolved or who have talked to many law students THE TEAM was terminated from employment. who say they want to establish A group of lawyers leav- The daunting thing for lawyers, an estate planning or other trans- ing a firm probably has a good trained to rely on precedent to pre- actional practice. I sometimes idea of who they need to hire. dict the future, is that these nuts wonder if it is because they really Receptionists, secretaries, legal and bolts differ from what they don’t want to go to court. In my assistants, bookkeepers and law were a few decades or even a few view, it would be quite challeng- office administrators are all poten- years ago. A successful business ing to establish an economically tial law firm hires. model established in 2019 may be viable practice of only drafting Even a solo practitioner who considered dated in 2029. simple estates and trusts because intends not to hire any full-time Your attention is first directed individuals with a high net worth employees needs to assemble a to the OBA Management Assistance will gravitate toward established team. Having someone available Program’s Opening Your Law lawyers and law firms. to answer the telephone and Practice resource page at www. The new lawyer will likely schedule appointments with okbar.org/oylp. Among the many begin with clients hiring a lawyer potential new clients when you are resources, there is a document for the first time, including those unavailable is important. Even one titled “First Steps in Building who are referred to you by friends who starts their practice with just Your New Law Firm” prepared and family to handle personal a cellphone will want to consider by myself and a fellow practice problems. This means matters like using a virtual receptionist ser- management advisor with the family law, guardianship, criminal vice when it is affordable. Hiring District of Columbia Bar for ABA defense, business or employment someone with no previous law TECHSHOW 2016. This 65-page disputes and consumer bank- office experience to answer the document includes a sample busi- ruptcy. Determine which matters phone is workable where there are ness plan and other resources. you will handle on your own other employees in the firm who

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 7 can provide some structure and answer the person’s questions. The person answering the phone on your behalf represents your law firm and a virtual reception- Some would say you no longer need a landline, ist will likely be best. In addition, this avoids payroll tax obligations but you want to be listed in the local telephone which can be time consuming. You can also locate virtual legal directory and directory assistance so people assistants, if needed. This does not mean that a real can find you. person, particularly one with previ- ous law office experience, is not the best situation if you can afford this. My first year in solo/small firm a scanner and printer within reach A Practice Management Solution practice I hired a young lady who of their desk, so time is not wasted Picking your practice manage- had never worked in a law office getting up to scan or pick up ment software solution is a critical before. She was soon replaced by something off the printer. decision because you will be using an experienced legal assistant who You may also need a copier, but this tool all day every day as you in many ways provided me more a computer with a scanner and practice law. Others may tell you training than law school, but today printer can make quick copies. this is an optional decision or to there are many great and afford- Solo and small firms may want to wait until you have several open able virtual assistance services. start with an inexpensive copier files or sufficient cash flow, but and see whether they need one they are wrong. Clio, CosmoLex, THE PHYSICAL TOOLS with more capacity. Law firms MyCase, PracticePanther, You need telephones – a good still generate a lot of paper, but RocketMatter and ZolaSuite are smartphone and a landline. Some there is a wide variation between recognized as OBA member bene- would say you no longer need a land- law firms on how many copies, fits and you can log into MyOKBar line, but you want to be listed in the depending on the practice areas. and click “Practice Management local telephone directory and direc- Know where the closest local copy Software Benefits” to learn more tory assistance so people can find service is located for big projects. about these tools and to see OBA you. You can re-evaluate that later. If you do much mailing, a post- member discounts. There are other A computer is an obvious age meter and scale will avoid wast- good tools not on this list and we necessity. For solo and small firm ing postage because you are not may be expanding it soon. lawyers, I advise them to spend the sure of the correct amount. There Your practice management extra money for a laptop so they are alternatives to the USPS today. solutions are an important tool in can use it for working at home and managing your practice allowing on the road. Computers are rela- SOFTWARE TOOLS you to combine billing, time- tively inexpensive now, so it is best AND SERVICES keeping, client file organization not to work from a home computer and many other important fea- shared by other family members. Office 365 tures under one dashboard. It is A scanner is a very good You will want to subscribe to especially important for lawyers investment. Certainly, you can Office 365 Business Premium at beginning a brand new practice scan a page or two with an app $12.50 per user per month for an to start off right using these tools on your smartphone, but the first annual commitment. This will and to learn how to use them well time you need to scan a 25-page provide you with Outlook, Word, while you may be less busy with document you will be glad you Excel, PowerPoint installed on client matters in the initial months have a scanner. For many years your machine plus several other of your practice. Think of these now, I have recommended the tools that are available when you tools as the personal assistant that Fujitsu ScanSnap line for a desktop log in. Assuming you have a good works for a very cheap monthly scanner. Just go online and find internet connection, you can then fee and never takes a day off. the best price for the ScanSnap use OneDrive for storing your iX1500. I prefer that everyone have documents and other files.

8 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL PDF Manipulation Tools THE OFFICE day, but no price can be placed Lawyers on a budget can defer If a solo doesn’t feel he or she on personal security. Whether this purchase for a while. Ideally, can commit to the overhead for it is the inconvenience of clients you should choose between Adobe monthly office rental or only stopping by your house at all Acrobat Pro DC at $179.88 per intends to work part-time, then hours of the night or something year or Nuance PDF Converter a home office may be the right more dangerous, have a law Professional 8 at $179.99 for a license choice. Before you put your home firm address that is not your (not an annual subscription). address on a publicly filed court home address. It is true that Adobe Reader pleading, figure out which post You also have to know your- is free and Word, Excel and office is closest to you and also self. If you have a large family PowerPoint will print to PDF. The investigate the private mailbox or roommates at home, it may be ScanSnap will scan to PDF. There services near you. One of the big- worth the expense to go to work are other free and less expensive gest advantages of renting space and focus on that in another loca- PDF manipulation tools. The from another law firm or having tion every day. Ironically, working Adobe and Nuance Standard paid staff is having a person to from home often works better for products are a little less expensive sign for certified mail and deliv- the veteran lawyer who has left but do not include the advanced eries. If you cannot have that, the big firm and is focusing on a tools of the pro versions. Soon you it is best to just make a habit of few long-term clients than the new will want to do advanced PDF stopping by the post office every lawyer trying to get established. functions like redaction, Bates stamping and combining multiple PDFs into one. Not only do you want a tool that can do “every- thing,” but also one with many online tutorials and guides.

Accounting Software Your CPA will probably suggest you use QuickBooks. There are many other alternatives including FreshBooks and Xero. Billing is included in your practice man- agement solution and CosmoLex contains accounting tools. Trust accounting is covered in another feature in this bar journal. Unless you have a lot of accounting entries, you may not prioritize this purchase either. Ultimately, you will probably do what your CPA tells you to do if you wish to work with a CPA.

Fastcase Your firm may need to sub- scribe to a commercial legal research service. The OBA does provide you with a free Fastcase subscription, which you can access via MyOKBar. We strongly suggest you go to fastcase.com and watch some of the training videos and sign up for their free webinars.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 9 Solo practice can be isolating. THAT’S NOT NEARLY It is good to have other lawyers to EVERYTHING discuss ideas. It is good to have There are many other items other people to talk to, so explore associated with opening and office suite locations and see if a operating a law firm because you law firm might rent you an office. are not only practicing law, but Always own your own phone also running a business enter- number. prise. You need to develop and It is hard to do justice to the maintain good personal habits. challenge of picking the perfect You need to seek out mentors and office location in just a few short advisors and develop your referral sentences. If you will have many network. You will definitely want court appearances each week, to talk to our friends at Oklahoma you probably want to be within Attorney’s Mutual Insurance Co. walking distance of the court- about professional liability insur- house. That’s simple for lawyers ance. These are enough of the nuts in most of the county seats, but in and bolts to open the doors. Oklahoma City and Tulsa, having to find and pay for parking may be a barrier for many consumer ABOUT THE AUTHOR clients. A lawyer focusing on Jim Calloway is the director of the consumer bankruptcy, for exam- OBA Management Assistance ple, may choose a location away Program. He served as chair of the from downtown on a well-known 2005 ABA TECHSHOW board. His street with a parking lot with free Law Practice Tips blog and Digitial parking. There are so many vari- Edge podcast cover technology ables associated with this decision, and management issues. He including what’s available, that speaks frequently on law office you may just have to accept you management, legal technology, may not find a perfect situation. ethics and business operations. Unless you have a very healthy budget, shop around for some decent gently used furniture if you are just getting started, but invest in a new, sturdy and comfortable office chair for yourself.

ONLINE MARKETING You will need a traditional website and a business Facebook page. Spend some time searching for domain names with credit card in hand. It is far better to purchase two or three domain names you end up not using than to “think over” purchasing one and then come back to find it is now myste- riously in the control of a reseller. Version one of your website need not be an award winner. You want it up before you send out that first email proudly using the domain name of your website as your official email address.

10 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL

Starting a Law Practice Trust Accounting Basics By Julie Bays

AFEGUARDING CLIENT FUNDS and property is an important duty. Trust account Smanagement is simple and yet honest lawyers sometimes find themselves in disci- plinary peril because they did not pay appropriate attention to their trust account.

The Oklahoma Rules of lawyers joke that they went to diligence would have prevented Professional Conduct require a law school because they couldn’t this lawyer’s problem.”4 lawyer to hold property of clients do math. When it comes to trust More recently, The Florida or third persons separate from accounts, the math is no joking mat- Bar suspended a lawyer for three the lawyer’s own property.1 This ter. Lawyers failing to properly safe- years when a bookkeeper she hired means retainers and flat fees, guard the funds entrusted to them embezzled $150,000 out of her trust filing fees, deposition and expert by their clients could adversely account from April 2016 through witness expenses as well as set- affect their license to practice law.3 June 2017. The lawyer’s husband tlement proceeds should go into Simple negligence accounts referred a new bookkeeper to her a trust account until distribution. for many trust account viola- and so she trusted his judgment and These funds are required to be tions. Lawyers need to realize did not run a background check. deposited in an interest on lawyer they are responsible for their If the lawyer would have run a trust account (IOLTA).2 The inter- trust accounts. One memorable background check, she would have est earned on IOLTAs are pooled story is where a California lawyer found out her new bookkeeper was and transferred to the Oklahoma received notice from the State Bar a convicted felon for theft. The law- Bar Foundation. of California accepting his res- yer also apparently never bothered The fiduciary nature of the attor- ignation from the bar. The only to check her trust account for over a ney-client relationship and the need problem is that he never resigned. year. When the smoke cleared, the for public confidence in the legal An investigation revealed his lawyer divorced her husband, lost profession require lawyers to main- trusty and loyal secretary had her license to practice law and had tain trust accounts with the utmost embezzled $265,000 from his trust to pay back the embezzled funds accuracy. Because of this, one of the account over a five-year period. and $8,261 in costs.5 These types of requirements under Rule 1.15 (l) She was so efficient that she kept stories make it clear that a lawyer is that financial institutions must him unaware of client complaints must be active in reviewing and report any overdrafts of IOLTAs and bar disciplinary proceedings reconciling their trust accounts. As to the Oklahoma Bar Association’s by intercepting phone calls, filing a matter of fact, a lawyer or small Office of General Counsel. responses and requesting delays. firm should review their online It is very important for lawyers Finally, when she was unable to statement each month and, if they to maintain accurate records and fake his appearance at a deposi- still receive their bank statement by to balance their trust accounts tion, she agreed, on his behalf, to paper, they should require it to be monthly. Frequently, lawyers go resign and forged his signature on delivered to them unopened so the into private practice thinking the resignation. The lawyer spent lawyer can review it personally. more about their representation over $250,000 in restitution and of clients rather than the business legal fees to remedy the situation side of the practice. As a matter but was still suspended by the bar. of fact, it’s quite common to hear “Simple oversight and minimal

12 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL RECORDKEEPING AND THREE-WAY RECONCILIATION Normal two-way reconciliation of the checking account is where one compares the bank statement with the check register. Not every- one today compares their personal check register with their bank statement or even keeps a check register, but this is an important practice for the lawyer’s business accounting records and required practice for trust accounting. It is admittedly rare that a bank will make a mathematical error today but because humans are involved, it is not impossible. It is more important today that the bank statement is carefully reviewed to timely catch any instances of fraud. Unlike other types of busi- nesses, lawyers need to keep trust ledgers for each client or matter in order to do three-way recon- ciliations. To perform three-way reconciliations, the lawyer first maintains a “check book register” tracking all deposits, disburse- ments and service charges. The prior month’s ending balance is the starting point and those times are added or deducted to arrive at the current month’s ending bal- ance. For this to match the bank statement balances, adjustments will generally be made for items such as outstanding checks and deposits that have yet to clear the account. Finally, and most impor- tantly, the lawyer should then total

DECEMBER 2019 | 13 all the individual client ledger Lawyers can also use generic are 1) a checkbook register where balances and compare this to the accounting software such as a lawyer keeps track of all deposits ledger balance for the trust account. QuickBooks. The challenge is and disbursements along with The bank statement, checkbook that most generic tools are not a running balance of the total balance and the total of the clients’ designed for the unique require- monies in the account, 2) individ- ledgers should all match. ments of attorney trust account- ual ledgers for each client’s depos- For the larger firm with many ing and these products may be its, disbursements and running lawyers, a more rigid set of pro- too complex for those with no balances, 3) a monthly reconcil- cesses may be adopted to make cer- experience or training. They may iation form that the lawyer will tain that staff properly handles the also allow you to “overdraw” complete 12 times per year and trust account transactions under the account or a client ledger 4) a monthly bank statement from the supervision of the lawyers. where software designed for trust the financial institution where the These steps may include additional accounting software will not. To trust account is maintained. Today recordkeeping not noted below. For learn more about setting up a many bank statements are deliv- the smaller firm with no staff or the trust account with QuickBooks, ered electronically, but for lawyer’s practitioner who chooses not to del- attorney Cheryl Clayton’s article records, these monthly payments egate any trust accounting manage- in the August 2017 Oklahoma Bar must be retained in the lawyer’s ment to staff, I have outlined a few Journal titled “Using QuickBooks records either saved as a PDF file or simple steps below to make certain for IOLTA Trust Accounting” is a printed on paper. The lawyer never trust accounting can be done effi- good resource.6 wants to be in a position of requir- ciently and without errors. Accounting “by hand” using ing old bank account records to preformatted forms or electronic respond to a grievance and learn- TRUST ACCOUNTING TOOLS equivalents is an option that may ing that there will be a “research The OBA Management work for small firms and solo fee” and delay or that the previous Assistance Program staff prefers practitioners. Preparing ledgers bank is now in receivership and software tools that will expe- and reconciliations by hand is there will be problems obtaining dite the lawyer’s handling of the time consuming and system safe- these old records. trust account. Several of these guards against human error are tools have been recognized as limited. Regardless, a lawyer must Record Keeping OBA member benefits including understand how trust accounting Many have discussed the need TrustBooks and several practice practices would be accomplished if for mindfulness in a lawyer’s daily management solutions that pro- done manually. life and some lawyers practice vide appropriate trust accounting. meditation for self-care. Any time The OBA member benefits offer UNDERSTANDING THREE- a lawyer is dealing with their trust a free trial period so lawyers can WAY RECONCILIATION account, it is suggested that the test out their products. Visit the lawyer first take a deep breath Practice Management Software Records and then proceed slowly and Benefits link on MyOKBar for The required records to ade- deliberately with the attitude that additional information. quately reconcile a trust account handling client funds is one of the

14 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL lawyer’s most sacred and important identifying the source of ethical duties and give the lawyer duties. Do not let the press of and reason behind every the ability to “close the books” on other business cause you to rush deposit. These notes may be the trust account each month. through trust account transactions. useful in jogging the attor- It is a good idea to review all ney’s memory later and will of your trust account transac- 1) When processing a deposit be invaluable if the lawyer tions each week just to make sure to the trust account, such as is under some sort of tem- that everything is in order, but a a retainer fee, cost deposit porary disability and the monthly review is required. The or settlement proceeds, first court has appointed some- Oklahoma Rules of Professional enter the amount and date one to manage the lawyer’s Conduct do not state that you must in the checkbook register trust account or others in balance your trust account each and reference either the the firm are assisting. month, but if you do not do this client name or client name 3) With checks and other and there is an error that is not and matter (e.g., “Retainer disbursements, the process caught for several months, it can from Bob Jones” or is similar, but it proceeds in be problematic to find and fix the “Settlement proceeds in Bob the opposite order. Before error. If there are multiple errors Jones v. Smith”). Then total writing a check or approv- that are not found over months the new running balance ing another type of dis- or years, this can create a night- of the trust account. For bursement, the lawyer first mare scenario perhaps requiring a example, if the lawyer had consults the client’s ledger forensic accounting investigation. $17,000 in the trust account to make certain there are In addition, if you find yourself and deposited $2,000, the sufficient funds on behalf in a situation where there is an new balance would be of the client to satisfy the ethics investigation and discipline $19,000 but these numbers intended payment. is being considered, there is a will rarely be round num- 4) Then enter this transaction huge difference between a situa- bers and it is suggested in the client ledger, refer- tion where an innocent error was a calculator or software encing a check number if found by the lawyer and corrected tool be used to minimize there is one and providing long ago versus a situation where math errors. Do this twice the reason for the payment, the trust account is in disarray and because one can make an payee, amount and date many hours of accounting review error entering numbers into (e.g, 11/11/2019 Tulsa are now required to determine the a calculator. County Court Clerk – Bob exact status. 2) Then immediately go to Smith Filing Fees – Case Once you determine that the the client’s ledger sheet, number if available and bank statement balance, check- enter the deposit and date amount). Then compute book register balance and the total and compute the running the client’s new running of the clients’ ledgers all match, balance. Again, do it twice. balance (which must always you note that in your records and This is simple: be a positive number). We your trust accounting tasks for the Bob Jones Retainer $5000 still suggest doing the month are completed. Balance $5000 calculation twice or double- It should also be noted that a If this is the client’s checking the math. lawyer comingling their personal initial deposit to the trust 5) Next, go to the checkbook funds in a trust account is an ethi- account, the lawyer will register and enter all of cal violation, but Oklahoma Rules need to create a new ledger this information again. of Professional Conduct Section sheet for the client identify- Calculate the new balance 1.15 (h)(4) allows a lawyer to keep ing the client by name of total funds on deposit some funds in the trust account and perhaps referencing in your trust account, as to pay bank service charges or the client matter. always, double-checking credit card processing fees. A Even though it may your math. ledger should be kept to track that seem obvious that the first balance just like a client ledger. entry on the client’s ledger The above steps cover each Many IOLTA-friendly banks will from the client is a retainer transaction, but there are a few not charge monthly service fees on fee, you want to develop more periodic duties to assure com- that account. Credit card fees vary the good habit of always plete compliance with the lawyer’s depending on the service. OBA

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 15 member benefit LawPay can be set Before inserting the register ABOUT THE AUTHOR up to debit any credit card pro- balance below, make certain any Julie Bays graduated from the OU cessing charges from the lawyer’s necessary adjustments to the bal- College of Law in 1998. She worked operating account, simplifying ance in your transaction register in the Oklahoma Attorney General’s trust accounting. due to service charges and/or Office from 2002-2018 when she other deductions or credits to the started at the OBA as a practice Three-Way Reconciliation account that are identified in the management advisor in the OBA As noted previously, three-way bank statement. Management Assistance Program, reconciliation means that on the aiding attorneys in using technology date each month the lawyer or law 7. Check Register Balance: $16,760.00 and other tools to efficiently manage firm selects, it is determined that 8. Client Ledger Balance: their offices. the total of all client balances held Client Name: Client Balance in the trust account equals the bal- Smith, John $5,700.00 ENDNOTES ance listed on the bank statement 1. Oklahoma Rules of Professional Conduct (or other online bank records) Doe, Jane $4,000.00 (ORPC) 5 O.S. Ch. 1, app. 3-A, Rule 1.15 (a). 2. Oklahoma Rules of Professional Conduct with adjustments made for items Gates, Bill $7,060.00 (ORPC) 5 O.S. Ch. 1, app. 3-A, Rule 1.15 (h). such as outstanding checks and 3. In State ex rel. Okla. Bar Ass’n v. Perkins, 9. Maintenance Account 1988 OK 65, 765 P.2d 825, State ex rel. Okla. Bar deposits that have yet to clear the Ass’n v. Weigel, 2014 OK 4 (Okla., 2014). account and on the checkbook Client Ledger Balance: 4. Melissa DeLacerda and Dan Murdock, “The Trustworthy Trust Account,” 74 OBJ 3393, Dec. register. The form below can assist 10. (Total of Client Balances and $16,760.00 13, 2003. with that task and can be found on Maintenance Account Balance) 5. Raychel Lean, “A Swindle Cost a South Florida Attorney Her Law License, Marriage and the OBA Management Assistance $155,000,“ Law.com, Aug. 20, 2019, www.law. Program’s Opening Your Law com/dailybusinessreview/2019/08/20/a-swindle- cost-a-south-florida-attorney-her-law-license- Practice resource page at To complete the monthly reconcili- marriage-and-155000. www.okbar.org/oylp. ation, the following balances must 6. Cheryl Clayton, “Using QuickBooks for IOLTA Trust Accounting,” 88 OBJ 1531, Aug. be equal: 19, 2017, www.okbar.org/barjournal/aug2017/ TRUST ACCOUNT obj8821clayton. RECONCILIATION Reconciled Bank Line 6 $16,760.00 Date of Statement: 12/01/2019 Statement Balance: Date Reconciled: 12/02/2019 Line 7 Check Register Balance: $16,760.00 Line 10 Client Ledger Balance: $16,760.00 1. Bank Statement Ending Balance: $17,500.00

2. Subtract: Outstanding Checks CONCLUSION Check No. Amount The above steps necessary to #1517 $240.00 properly maintain a trust account are detailed and can be time con- #1518 $500.00 suming depending on the number of transactions. There are software 3. Total of Outstanding Checks: $740.00 tools on the market that can make 4. Add: In-Transit Deposits: this task easier. Amount As someone who started her career as a bookkeeper, there is $0 something Zen-like and satisfy- 5. Total of In-Transit Deposits: $0 ing when the numbers match in Reconciled Bank Statement a perfect balance. Balance: 6. $16,760.00 (Subtract Line 3 from Line 1 and add Line 5)

16 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL

Starting a Law Practice Leveraging Technology By Timothy Kent

18 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL TARTING A LAW PRACTICE IS A DAUNTING ENDEAVOR. Whether straight out of Slaw school or savvy and seasoned, a lawyer’s decision to start his or her own law prac- tice will undoubtedly lead to scores of sleepless nights and days without enough hours. Some of the immediate questions will likely include: What is the best entity to form for tax considerations? How much malpractice insurance do I need? Where will I office? Can I afford an office? How much staff support do I need? How much staff support can I afford? What will be my business model, revenue goal and marketing strategy? What in the hell am I doing? Included on the list of initial queries will hopefully be the question: Can I suc- cessfully leverage technology to help build, grow and sustain my law practice? For if this question is asked, diligently researched and appropriately applied, any aspiring entrepre- neur will undoubtedly conclude the answer to be a resounding “Yes.”

The commitment to leverage these tasks can free up valuable This legal process mapping technology can be one of the most time which could be used to focus exercise will help to provide you valuable decisions an attorney on more substantive work. Utilizing with an idea of what areas of your makes when starting a new law automation and productivity practice could be automated and practice. Utilizing technology software to assist with these type what areas demand your legal correctly can help streamline of tasks can dramatically increase a experience and full attention.2 workflows, increase productivity firm’s efficiency and productivity, Once you understand your firm’s and provide effective solutions to but what parts of your practice processes, you can start imple- practice issues ranging from over- could or should be automated? menting technology software to head to client relations. So, what is Taking time at the outset of help streamline your workflows. the “right” technology? your business venture to really consider the processes your firm SOFTWARE ALTERNATIVES PROCESS BEFORE goes through in order to provide TO TRADITIONAL TECHNOLOGY services to your client base can HARDWARE NEEDS Legendary basketball coach go a long way to help answer this With the shift toward cloud- John Wooden once said, “Never question.1 Carefully map each based storage and the rise of mistake activity for achievement.” step of the process. Once you cloud-based software applications In any law practice a great amount have mapped each step, ask your- and application programming of time is spent performing repet- self what parts of the process are interface (API) technologies, office itive, administrative-type tasks, substantive and what parts are necessities that were tradition- which do nothing to further the administrative and repetitive. Next, ally only available in a hardware firm’s substantive work product. consider how these administrative format (fax machines, landline Routine tasks like billing, field- and repetitive parts could be auto- telephone systems and in-house ing client phone calls, calendar- mated. Automating the processes servers) are now accessible ing events and filling out client that you do not enjoy doing or that through online software purchase. intakes are mundane and time are repetitive and time consuming These software versions are more consuming in nature. Automating is a reasonable place to start. cost effective and space efficient

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 19 Investing appropriately in cloud-based software can help new practices organize and manage information, automate tasks, reduce data entries and allow firms to effectively streamline workflows.

than their hardware counterparts, Although reliance on physical workflows? Cloud-based software making them ideal solutions for servers is much less necessary that it practice management systems like budget conscious start-up firms. was 10 years ago, it is still necessary MyCase, Practice Panther and Clio Voice over IP (or VoIP) is a to obtain some form of hardware to Practice Manager can help man- cost-effective way to emulate a interface with your firm’s software. age every aspect of your practice. centralized phone system for a A desktop or laptop computer is Other software solutions to help law firm. VoIP phone services therefore an absolute must. With your firm monitor workflows and route telephone communications the trending acceptance of cloud- track tasks include applications through internet connections based storage and the downturn like Trello or Asana. rather than phone lines, allowing a of in-house server reliance, both Do you have a way to securely firm to set up a main number that Macs and PCs are viable options communicate confidential infor- can be routed to a lawyer’s com- for computing needs. mation to clients, co-workers and puter, smartphone, tablet or any You will also need a scanner/ opposing counsel? Secure web- other internet-enabled device.3 printer. Fujitsu ScanSnap iX500 based portals like Case Status and Internet fax services allow you to desktop scanner is considered by Clio Connect allow attorneys to easily send and receive faxes. You most experts to be the best option share resources and collaborate have the ability to pull a document for firms looking to become more with clients, contacts or co-counsels from the cloud and fax straight digital friendly and less paper- through encrypted web-based from your smartphone or tablet or based.5 Throw in a smartphone or portals.7 These portals are much fax files from your Dropbox, Google tablet and you have the baseline more secure than traditional email Drive or other cloud service. hardware needed to start operat- or text communications. Many Cloud-based storage plans offer ing a versatile, mobile law practice. practice management software the ability to place and retain data systems, like those mentioned in an off-site storage system. You CLOUD-BASED SOFTWARE earlier, have built-in client portals can lease cloud storage capacity TECHNOLOGY – BASELINE that offer your clients 24/7 access per month or on demand. A cloud AND BEYOND to information like court sched- storage provider hosts a custom- Investing appropriately in ules, deposition dates and more. er’s data in its own data center, cloud-based software can help This technology can automatically providing fee-based computing, new practices organize and man- update clients, potentially reducing networking and storage infra- age information, automate tasks, the amount of time spent fielding structure. Aside from the obvious reduce data entries and allow time-consuming client calls. upside of not having to shell out firms to effectively streamline Do you have a solution for a large upfront capital investment workflows. With the overwhelm- allowing your clients to con- and maintain onsite hardware, ing amount of technology on the veniently execute documents? cloud technology is also arguably market, determining what or how E-signature software like a more secure data storage option much technology your firm needs HelloSign and SignNow can to traditional in-house servers, can be complicated. Focus on base- help your budding practice expe- especially when considering disas- line technology needs first. 6 dite client retention agreements ter type situations. 4 Do you have a way to man- and settlement agreements by age your cases and monitor your allowing your clients to execute

20 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL documents on their mobile device basic contact information and via appropriately, creating a sustain- or computer. E-signature software Calendy, Joanne’s calendaring able and scalable practice is possi- can also help alleviate concerns of software, which allows the pros- ble for any size firm. Successfully signature tampering. Tampering- pect to schedule a face-to-face leveraging technology can lower resistant document formats and consultation with Joanne for later overhead, increase productivity sophisticated tracking mecha- that afternoon. Joanne’s Zapier and allow many owners of startup nisms can readily identify when software effortlessly syncs all of firms the ability to be competitive a document was viewed, who the scheduling information to in a market that they may not opened the document, when it Joanne’s Google Calendar, which have had the ability to compete was signed, what IP address it automatically triggers an email to in otherwise. was signed by and more.8 be sent out to the prospective cli- When it comes to software ent with a link to Joanne’s online solution possibilities, the sky client intake form. Upon clicking ABOUT THE AUTHOR appears to be the limit. Having the link and completing the intake Tim Kent obtained his J.D. from the a clear understanding of your questionnaire, Zapier then syncs OCU School of Law in 2007. Mr. firm’s processes can help you filter the collected data to Joanne’s prac- Kent has practiced in the area of through the countless options to tice management system. When workers’ compensation for more find solutions that best suit your Joanne returns to her office fol- than a decade. He started his own new practices needs. lowing the deposition, she is able firm with a focus on educating and to access the client’s information. assisting injured workers in the INTEGRATION With a few mouse clicks, Joanne is modern workforce. Finding the right cloud-based able to transfer the collected data software applications to meet your to all the legal forms needed to file ENDNOTES firm’s baseline technology needs a claim on the prospective client’s 1. Anthony W. Ulwick, Jobs To Be Done: Theory to Practice, 2016. will go a long way in helping grow behalf. Now when Joann meets 2. Helen Russell, “Process design and a new law practice. Likewise, find- with the prospect, she is prepared mapping 101 for lawyers,” Knowledge for Lawyers, Feb. 28, 2013, knowledge4lawyers. ing a secure, reliable API integration and confident and is able to secure wordpress.com/2013/02/28/101-process-mapping. solution to connect these applica- the client’s trust. Instead of miss- 3. “Open Source VOIP applications, both clients and servers,” Voip-info.org, www.voip-info. tions and allow them to commu- ing the call, this solo practitioner org/open-source-voip-software. nicate seamlessly with one other, effectively leveraged technology 4. Ujwala, “10 Benefits Of Data Storage In A Cloud,” MilesWeb Blog, May 6, 2019, www. will help sustain a new practice to improve her practice. milesweb.com/blog/hosting/cloud/10-benefits- even more. Integration software like data-storage-cloud. 5. Ernie Svenson, Do Not Print: A Lawyer’s Zapier can help your practice link CONCLUSION Guide to Going Paperless, landing.clio.com/ all your cloud-based software ser- Cloud-based software has been paperless-guide. 9 6. Derek Bolen, “What Technology Does Your vices. Other integration solutions one of the most significant devel- Law Firm Actually Need?,” Clio Blog, www.clio. include options like Clio Practice opments in the legal industry in com/blog/legal-technology-law-firms. 7. Dennis M. Kennedy and Thomas L. Mighell, Manager, a leading practice man- the last several years. Correctly The Lawyer’s Guide to Collaboration Tools and agement system that has an open leveraging this technology can Technologies: Smart Ways to Work Together, 2008. API which allows and encourages significantly bridge the competi- 8. Aaron George, “Why Every Law Firm Needs An E-Signature Solution” Lexicata Blog, lexicata. third-party developers to integrate tive gap between “big firms” and com/blog/why-every-law-firm-needs-an-e- with their platform. Finding these solo/boutique practices. Cloud- signature-solution. 9. Zapier, zapier.com. integration solutions can be a real based software allows firms both game changer for any new practice. big and small to manage every Take the following hypotheti- aspect of their law practice, includ- cal as an example: Joanne, a solo ing document storage, document practitioner, is in a deposition generation, calendaring, billing, and is unable to answer a call accounting, time tracking, sched- from a new prospective client. uling, task tracking, document Instead of getting Joanne’s voice- sharing, client onboarding, client mail and hanging up to call communications and more. another law firm, the potential When adequate consideration client is routed to Joanne’s vir- is given to the legal process and tual receptionist service, where automation and workflow soft- the client is able to provide some ware is selected and integrated

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 21 Starting a Law Practice Challenges of Practicing Law in Today’s World Technology Tools & Exposures By Phil Fraim

UCH HAS BEEN WRITTEN, much has been said regarding the future of the practice Mof law. My crystal ball is just not good enough to become “that guy” who will add to the prognostications. There are plenty of changes, which are now realities, that we are forced to deal with today.

There are many changes facing that were never contemplated years cyber coverages. Practicing without lawyers today. You can talk about ago. I don’t think anyone would it makes no sense. demographic changes in a graying argue that technology has meant Within your firm’s files, you profession, whether the practice that the business of law is more possess personal identifiable will be multijurisdictional or complicated. Yes, we still have information (PII). PII include even multidisciplinary, competi- insureds who are still pretty names, drivers license numbers, tion from self-help or DIY tools, much paper only, but that number social security numbers, financial alternative legal service provid- will continue to drop in the near records and account numbers, ers, LLLTs (limited license legal future. Some states now have personal password information technicians) and last, but not least, requirements to participate in (hackers love this information) technology. It is this last item that I CLE regarding technology. and maybe credit card numbers would specifically like to address. The Oklahoma Rules of (hopefully not the latter). In addi- Technology provides incredible Professional Conduct1 require tion, what you post and share can tools, but it also creates additional lawyers to be educated about the have implications of confidenti- exposures, which dovetail with benefits and risks of relevant tech- ality violations and violations of professional liability. nology. Admittedly, that statement privacy and data security laws. Even in the past few years, tech- is so broad I am not sure how you Privacy laws at the state level nology has drastically changed, know when you have arrived at an include breach notification laws and that change has impacted the educational level to be competent that establish requirements for legal profession. There have been in that regard, nor when you can notifying clients and mitigat- benefits such as aiding the admin- attest to chinning the bar at the ing damages in connection with istration of the firm, enhancing minimum required. breaches where PII and confi- capabilities and providing value Today, most lawyers do the dential information have been added information to the client. majority of their day-to-day disclosed. The critical part of However, along with advance- endeavors on a cyber platform any breach is whether data has ments have come increased over- (e.g., electronic, digital, virtual been exfiltrated. Even with no head items, a demand to keep up and online). Because of that, cyber data exfiltration, a breach can be with the latest and greatest options, protection and cyber insurance is incredibly painful especially when new ethical conundrums and critical. The OAMIC LPL policy malware has been left behind. professional liability exposures includes both first- and third-party

22 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL This all implies, and some states With respect to cost, even for been removed from the overseas have explicitly stated, that a lawyer the small law office, the amount account. Unfortunately, crimes such is required to use reasonable care to expended per computer to install as this are usually not automatically prevent third parties from gaining and maintain security software and included in cyber insurance. access to client funds in the trust firewall routers has decreased over How do you spot fraudulent account. Included within “reason- time. This is at a time where not instruction? Here are some tips: able care” is a need to establish much else has decreased in cost. reasonable security measures such A reality of exposure for all busi- „ Sender might claim to be as strong password policies and nesses, including law firms, is cyber traveling and available only procedures, security software and crime, which is often referred to as by email; even encryption. Firms should social engineering. The most com- „ Sender claims urgency; engage a technology consultant and mon example is the wire transfer/ „ Request might appear as large firms should have someone instruction fraud. Estimates are that coming from a mobile qualified on staff. Last, but certainly hundreds of thousands of dollars device; or not least, everyone at the firm who are scammed from law firms due to „ Senders email and use of in some fashion assists with the false wire transfer instructions. We logo might be very similar trust account should receive train- have seen a few examples involv- to a CEO/CFO’s – often off ing on the security measures. ing Oklahoma law firms. To help by only a character. For I mentioned earlier that understand how these matters of example, CEO@company_ along with the enhancements, fraudulent wire instructions occur, xyz.com versus CEO@ technology also adds overhead consider the following scenario: A company-xyz.com. factors. However, be careful not law firm representing a client in a to scrimp on cybersecurity mea- real estate closing receives $250,000 How can you prevent this type sures because the costs involved proceeds from the sale. A paralegal of fraud? are much better than the costs at the firm receives a nearly perfect of a data breach, the loss of cli- email impersonating the client „ Always call the actual party ent funds or even dealing with which provides wiring instruc- to verify, and research the cyber extortion and malware. In tions with routing number and actual phone number to 25 years, we have moved from a account number. Money is wired as assure speaking to the real norm where not everyone had a requested and by the time the real party. Common denomina- desktop/laptop to a point where client called to inquire about timing tor in all these occurrences nobody can function without of the receipt of funds and the is failure to verify. access to the proprietary “system.” fraud was detected, the monies had

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 23 „ Use a secure domain. I remember a few years ago at primarily accomplished by “phish- Services like AOL, Gmail the Solo & Small Firm Conference ing emails.” Help protect the firm by: and Yahoo are easier targets. several new case management soft- „ Do not accept wiring ware companies presented their „ Alerting employees to the instructions or changes by features and benefits. Knowing flood of phishing emails; email solely. how normal it is to pressure „ Train firm members not to „ Always verify, in person or software developers on speed of open unsolicited attach- by phone, from a number providing functionality, I could not ments; and in your contact information help but wonder about their secu- „ Train firm members to from the file, not from an rity. The security may be fantastic, be leery of links request- email. but you must ask. ing login or account We advocate storing firm and information. A large number of data breaches client information in the cloud. still occur from improper destruc- However, confirm that a cloud pro- In today’s world, even the tion of paper files or from lost/ vider provides reasonable assur- most highly protected, sophisti- stolen laptops or mobile devices. ance that the data is protected. Not cated operations experience cyber Also, employee-owned mobile all cloud providers are equal. events. You could take the defeat- devices can add to risks. Make If you suspect your system has ist attitude of “what’s the use in sure devices can be remotely been breached, there are a few trying.” Then again, why should wiped and install location-tracking things you need to do: we make it easy for extortionists apps on the devices. and cyber criminals? Do every- You should make sure to vet „ It is absolutely imperative thing possible to mitigate risks your vendors since third-party ven- to bring in forensic technol- and exposures, which for most dors can be a vulnerable point of ogy analysts to do a rapid all of us includes the transfer of attack for hackers. It has been said assessment and mitigation risk through insurance. that hackers don’t need to success- of any damage and to fully hack Fortune 500 companies determine if client data has if they can hack law firms who been exfiltrated. ABOUT THE AUTHOR represent them. In the same way, „ Familiarize yourself with Phil Fraim has been at Oklahoma maybe it is easier for hackers to notification laws and Attorneys Mutual Insurance Co. hack vendors than the law firms. requirements mandating since 1989 and has served as notification and credit president and CEO since 1993. monitoring. Back up all He is past-president of the National data off-site. Association of Bar Related „ Engage legal counsel to Insurance Cos. (NABRICO) and advise and help manage, currently serves as secretary of while also creating attor- the organization. He also serves as ney/client privilege in the secretary of the Bar Plan Surety & assessment and monitoring. Fidelity Co., is a board member of the National Association of Mutual The largest number of cyber Insurance Cos. (NAMIC) and is events we have seen with insured also a member of the Professional firms is cyber extortion (i.e., Liability Underwriting Society (PLUS). ransomware). According to the largest cyber claims handling ENDNOTE group, ransomware incidents 1. Oklahoma Rules of Professional Conduct, 5 O.S. Supp. 2016 App. 3-A, Rule 1.1. rocketed upward 105% from Q4 2018 to Q1 2019. Reportedly, target has shifted to larger organizations with higher ransom/extortion payments requested. These were between 89-93% higher than 2018. Ransomware, which locks firms out of their data/system is

24 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL

Starting a Law Practice The 10 Do’s and Don’ts of Legal Marketing By Marc Cerniglia and John Hinson

DO: STAY IN TOUCH ... WITH EVERYONE! Sure, you already know how important it is to keep in touch with people, but studies show that businesses only get one-third of the referrals they should receive simply because they don’t stay in touch with their contacts. The key is simple: You need to consistently stay in touch with everyone. It doesn’t matter how you do it – email, social media, direct mail or something else – just do it! The lack of staying in touch is the single biggest missed oppor- tunity for law firms.

DO: BUILD A STRONG BRAND information, clearly defined ROI opportunities for law firms! For In today’s world, “branding” messaging and a wealth of infor- example, let’s say you have 1,000 is your reputation. Although you mation and resources reinforces the contacts and only 100 open your may not be able to explicitly call brand you’re building as the go-to email. Would you have really spent yourself an “expert,” a premium authority figure in your community. time in a given month individually brand that positions you as the reaching out to 100 people? Likely authority in your practice area DO: FOCUS ON YOUR PASSION not (and that’s not even counting screams your expertise without While niching down your prac- the other 900 who saw the email you ever actually saying, “I’m an tice areas makes you look like the show up in your inbox and were expert.” To that point, it is recom- expert to your audience, it will also reminded of you to begin with). mended that attorneys niche down make you a better lawyer. Rather than Additionally, email is an asset and focus on a single practice area spreading yourself across a mul- you can control. With SEO, social or two. After all, you wouldn’t go titude of legal areas, focusing on media, television or radio ads, to a general practitioner for brain the one (or two) areas that you’re you are relying on a third party surgery, would you? Why would especially passionate about allows to reach the right audience and someone go anywhere else other you to really make a difference for do so effectively. With email, you than the estate planning expert? the clients you work with. It makes already have the audience at your your overall message more authen- fingertips, and you are in control DO: LOVE YOUR WEBSITE tic because it allows that passion of what they receive from you. It’s Your website is a reflection of for what you do to really shine. the easiest way to get referrals and your firm. (Think of it as a digital stay in touch ... with everyone! version of your office.) If your web- DO: SEND AN EMAIL site is just “okay,” then it says to the NEWSLETTER DO: TRACK THE DATA world that your firm is just “okay.” Email is a severely underuti- THAT MATTERS Your website provides you with an lized tool for law firms. There is a Marketing companies like opportunity to separate yourself misconception floating around that to throw a ton of data points at from the competition. Creating people don’t want to receive your you and bask in the glory of how a great user experience with a emails. It’s not true, and this thought they increase those numbers. modern design, well-organized is undermining one of the biggest Unfortunately, a lot of that data

26 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL is pointless. Don’t get caught up the top of the funnel is where your DO: ELEVATE in vanity data. It’s much easier for prospective clients come from and YOUR CREDIBILITY marketers (and you as their client) the steps they take to ultimately People want to work with to focus on data that doesn’t help reach the end (i.e., become your and refer others to the best. you make more money. Things like client). The funnel is designed to Unfortunately, we live in an age click rates, open rates, bounce rates bring someone in and move them where simply saying you’re the and social media engagement are relatively useless data for law firms. Instead, the metrics you should care about are simply the numbers that tell you whether or not a spe- cific marketing campaign is work- ing. So rather than focusing on how many comments and likes you got on social media or what your open rate is on your email newslet- ter, you should track referrals, case allocation and their average hourly fee and case value. In other words, track what marketers say they’re going to produce for you and nothing else.

DO: DIVERSIFY YOUR CONTENT Not only should you diversify the actual content you produce, but diversify the channels you use to deliver it. Your content should be written (blog posts), visual along the journey you want them best means very little. Today, the (video) and more (like podcasts to take to working with you. best cases go to the best marketers. and webinars). We don’t all con- The problem is that funnels According to a study by the ABA, sume information the same way; end. Alternatively, a lot of pros- people distrust lawyers more than some people prefer to read rather pects never reach the end. For banks, contractors and doctors. than watch (and vice versa). example, you may run an ad and When you start any marketing Additionally, diversifying your some people download a free campaign, you’re facing an uphill content channels means posting resource and stop. Maybe some battle. However, you can earn your videos on YouTube, your people call and ask about a con- your community’s trust by getting website, social media and an email sultation but don’t actually book out there and speaking, putting newsletter. Your blogs work the one. Maybe someone comes in for on events and workshops at your same way – put them on your web- a consultation but doesn’t become office, starting a podcast, consis- site, social media, etc. Did you know a client. What happens to all of tently putting out informative you can even post videos and blogs to those people? Hopefully you don’t content and more. Avvo as publications and legal guides? forget about them! The more places your content That’s why it’s smart to create DO: DO YOUR PART appears, the more credible you look. marketing loops – this way you If you’re just waiting around continue staying in touch with for your marketing company to DO: CREATE MARKETING people who haven’t made it to the make your phone ring off the hook, LOOPS, NOT FUNNELS end of your funnel on a consistent, you’re setting yourself up for disaster. Remember when you took that recurring basis so you don’t miss You can’t sit in your chair and just marketing class in law school? (You out on the business you deserve. wait for the results to come in. You definitely learned about marketing in still need to network and grow law school, right?!) Along the way, your contact list. Look for ways to you may have heard the term “mar- improve your conversion rate with keting funnel,” a concept in which the people who contact your office.

28 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL After all, no marketer can take DON’T: OVERLY FOCUS new tools you can use to build your responsibility for the results after ON SEARCH ENGINES reputation as an expert and stay someone walks through your door, Search engine optimization (SEO) in touch with people. The “how” and any marketing that requires little is overrated. The best clients don’t and “what” have changed, but the to nothing from you will never produce come from Google. Instead, the “why” remains the same. the results you really want. clients that find you on Google are competing on price (more on that DON’T: WRITE IN LEGALESE DON’T: HAVE YOUR soon). Even more, you’re sinking When it comes to writing FRIEND DO YOUR WEBSITE a ton of money into the hope that content for your website, you’re Often a friend or family member you’ll be one of 10 spots on the not writing the next law school creates an attorney’s website. More first page (and half of those spots textbook. You’re writing for every- often than not, it’s just “okay.” Think are directories like Avvo and day people. So many attorneys about this – would you advise your Justia). Most marketing companies get caught up in perfecting their clients to let their friends or family out there (falsely) emphasize SEO, content and worrying about what handle their legal matters as a favor which causes lawyers to neglect their attorney peers would think or at a discount? No! So, put your their other marketing because it that they forget what their actual website in an expert’s hands. forces their content to focus on audience really wants. People Google’s bots, not the actual peo- don’t care about precedent or the DON’T: EXPECT ple they’re trying to attract. latest case results. They want to SHORT-TERM RESULTS know what to do when they’re Marketing takes time. Even more, DON’T: STRAY FROM WHAT facing a particular situation. Your the marketing that works the most HAS ALWAYS WORKED content should focus on practical effectively in the long run is often Being good at what you do and advice and answering the ques- what works consistently. Solo and staying in touch with the people tions your audience has. small law firms constantly deal you helped has always worked. It’s with cash flow peaks and valleys. the oldest marketing principle in DON’T: FOCUS ON YOURSELF The key to combating that is to the book. However, the emergence This might be a little jarring for create a consistent flow of clients of the internet has warped our you to read, but you are not the hero and referrals. Keep in mind that minds into believing marketing of the story. Marketing that focuses the type of marketing that accom- has changed. Wrong. The psychol- on the client’s needs rather than plishes that goal doesn’t move at ogy of marketing has not changed, the attorney is more powerful light speed. It takes time to build the internet has just changed the and tells a more engaging story. consistent communication, set medium in which we market. The A website that has a big picture of expectations and establish a rap- key is to focus on what has always you and your team in the header port with your audience, especially worked in marketing and to use puts the focus on you and makes if you’re starting from scratch. the internet to make it more effec- it all about you. It’s not about you. When people finally see you tive. Email newsletters, a consistent The best messaging is always as an expert, they’ll send you social media presence, informative “them” or “us,” not “I” or “me.” more business, but no one becomes content and a great website are the an expert overnight – it takes time. Whatever marketing initiative you undertake, make sure you know what to look for to make sure your marketing is working. (Track the data that matters!) Your job as a business owner shouldn’t be to Even more, the marketing that works the most find what works immediately, it should be the healthiest, smartest effectively in the long run is often what works choice for your firm. Remember, people pay you up front for a consistently. future result. You should expect the same of your marketing.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 29 DON’T: USE CLICHES foreign hits that are never going to This is going to sting for some of need your services, what are you you: If you have a gavel, the scales really accomplishing there? of justice or a picture of your local courthouse anywhere on your DON’T: COMPETE ON PRICE online presence, change it immedi- Obviously, you shouldn’t lower ately. Don’t be like the majority of your rates just because you want other attorneys and don’t play into to take business from the attorney the perceived stereotype people across the street, but this final have of attorneys. Appeal to your point goes far beyond that. This is audience’s emotions and their a decision you need to make long issues rather than a bland before you tell anyone what your representation of the legal world. rate is. The decision to never waiver on your price comes when you start DON’T: LOOK FOR A building your brand as the authori- ONE-STOP SHOP tative, credible expert in your field. Don’t get all your marketing You are not a commodity. from one vendor. Remember If you market yourself in such our brain surgery analogy from a way that positions you as the earlier? The same applies to the expert, price doesn’t even become vendors you work with. For exam- part of the conversation. People ple, business law is very different will know they want to work from family law. Marketing is the with you and will do whatever it same way. takes to pay you for your services. An all-in-one marketing com- Whether you’re in a small town pany is the jack of all trades and like Guymon or a big city like master of none. You’re not getting Tulsa, if you follow the tips out- an expert; instead, you’re limiting lined in this article, you’ll be well yourself to only one (nonexpert) on your way to growing the firm voice in your marketing strategy. you’ve always wanted. Look for experts in different areas of marketing. Work with vendors who take initiative to interact with ABOUT THE AUTHORS your other marketing partners, so Marc Cerniglia is the CEO and your campaigns work together in founding partner of Spotlight absolute harmony. While it may be Branding. He is passionate about more logistical work, the results helping attorneys find a better will speak for themselves. way to market. An avid sports fan, Mr. Cerniglia spends his DON’T: GET CAUGHT UP free time cheering for Baltimore IN THE WRONG DATA sports teams and his alma mater – Remember when we said University of Central Florida. “track the data that matters”? It’s John Hinson is the simple: looking at the wrong data administrative director and can undermine your marketing marketing manager for Spotlight efforts. Take website traffic for Branding. He is responsible for example. If you want your web- driving the company’s marketing site traffic to increase month after efforts, as well as several behind- month, you may be failing to take the-scenes processes to keep the into consideration what kind of company moving forward. He has traffic you’re actually getting. published several nonfiction books Having 10,000 website hits is in his free time and also maintains a great, but if 9,800 of those hits database of area waterfalls. are crawler bots and manufactured

30 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL

Starting a Law Practice Confessions of a Small-Town Attorney: A Day in the Life of a Ham and Egger By Micah G. Ayache STABLISHING A SOLO LAW PRACTICE in a small town in Oklahoma can be daunting. EHowever, obtaining experience while attending law school, tips on hanging out your shingle and maintaining your daily practice will be beneficial to your professional life.

EXPERIENCE be doing and how you should sufficiently imbued with funds to Law school may be the longest, do it and you have an incredible retain you. Added to this hope for most expensive initiation rite amount of power. Another bonus future benefit, the relationships known to man. You pay a small includes a lot of court time. If the you build with the judges and fortune to leave your hallowed halls hearsay exceptions were a little courthouse staff will also serve of learning armed with the ability vague during law school, you’ll you well in the future. Coupled to put “J.D.” behind your name. learn them really fast as an assis- with the necessary salary, the However, unless you worked in a tant district attorney. OIDS route is a good start for a clinic to gain experience in family Since not every graduate new attorney in a small town. court matters, law school doesn’t returning to or settling in a small While joining an established really teach one how to practically town can count on employment law firm is not out of the realm practice law. For example, after with the district attorney, you of possibility, most small towns taking property law and learning should track down the local attor- appear populated with what John the four elements for adverse pos- ney with the Oklahoma Indigent Grisham calls “Ham and Egg session, it all seems pretty simple ... Defense System (OIDS) contract. Lawyers”1: single-lawyer firms until you are faced with your first This is much like working for with one secretary. In the event quiet title by adverse possession the district attorney, but from that two or more lawyers have lawsuit. More about that later. the other end, as far as gaining teamed up and formed a firm, the One avenue for gaining experi- invaluable courtroom experience. odds of them hiring are somewhat ence is to work for a district attor- Working as an OIDS contractor slim, and if such a conglomerate ney’s office as an intern and then you’ll get bar complaints, have no is hiring, they’ve already taken on hopefully as a “baby” assistant staff, still have overhead and have the newly graduated son or daugh- district attorney. If you are starting no power whatsoever, since all ter of a law school buddy, which out fresh from law school, a stint criminal defense attorneys are at means you can’t count on joining in the office of the district attorney the mercies of whatever assistant an established small-town firm. is invaluable. It is almost impos- district attorney with whom you sible to get a bar complaint, there are dealing. However, you will HANGING THE SHINGLE are no overhead costs, you get build up a lot of repeat business At some point, feeling now state insurance, you have a staff of from clients who may one day – comfortable in your small town, experienced attorneys and secre- when you divorce yourself from you may decide to spread your taries who know what you should the OIDS roster – find themselves wings and open your own practice.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 33 The experience of practicing law in a small town is not confined to office hours or office environments.

This is not the same as hanging a paternity) work. When these clients Contracts for representation shingle in a city. In a small town come flooding in you will need to are a good idea, as in these you everybody knows you. You may have an effective billing program can clearly show what the limits look about as far away from being to keep track of who has paid what, of your representation may be and a lawyer as it is possible to get and and more importantly, a secretary how much you will be paid for still be asked if you like being a who can chase money. If you can doing this representation. However, lawyer. What this means is reputa- get half a fee, you will consider understand that the payment por- tion is everything. In a small town, yourself paid. Often times what tion often means nothing. If you sue news travels fast and everyone you take up front is all you ever a client on the payment issue based talks. Small towns have, it seems, get, particularly with criminal on the contract, you will have your a whole class of citizens who col- cases. This poses a problem when it judgment, that with a dollar will lect legal troubles but have either is midway through the month and buy you a cup of coffee. no way of paying an attorney to you have yet to cover your monthly Starting off in a small town, you resolve those legal problems or bills. It may be the day before “Be may not have much to worry about have no desire to pay an attorney Back” day, then someone comes in regarding conflicts of representa- to resolve those legal problems. If needing a lawyer for a three-felony- tion. An exception would be if you you hang your shingle, you will count case and a couple of trailing were first employed by the district meet all of these people in the misdemeanors. attorney’s office. Believe it or not, first six months of opening up. If Small town practice is a lot of many criminal clients will have they’ve had some legal issue unre- billing work. Make sure you know been clients of some other lawyer solved for years, just know there your judges’ thoughts on with- for some time prior to your striking is a reason why it has gone unre- drawal for nonpayment of fees. out on your own, and it is actually solved and it is probably financial. Ascertain if in a certain jurisdiction a misdemeanor criminal offense In spite of what you tell yourself, you must get all your fee up front that mandates loss of license to offer none of us endured the misery of because that county will not let you advice to a person you have previ- law school to “help our fellow withdraw even if you have a con- ously prosecuted, as well as being citizens” as our only goal. Without tract that shows you are entitled to a breach of the Oklahoma Rules of the promise of payment we usually withdraw for nonpayment of fees. Professional Conduct Rule 1.9.2 have no incentive to raise to our Therefore, in a small town, a “con- hind legs in court and do verbal DAILY PRACTICE flict” database is a must. However, battle with opponents and judges. The experience of practicing even with a conflict database con- Rather, we remain silent as the law in a small town is not con- flicts will slip through the cracks. tomb until the currency of the fined to office hours or office If you only put a principal litigant realm works to loosen our tongues. environments. As noted above, (of three persons) in a conflicts data- Basically, while we may desire to the entire town will know you are base, you may end up suing a current help our fellow man, we would like a lawyer. Always take business client several years later if the initial to be paid to do it. That overhead cards when you go to Wal-Mart matter was never resolved. The only you did not have with the district or the high school football game answer would be to immediately attorney is constant and always or the FFA fundraising lunch, withdraw from both cases. looming in private practice. because many times someone will In a small town, many people In a small town you’ll do a lot of need to come see you on Monday work out of town which means criminal work and family (divorce/ and hopefully bring some money. you may make appointments

34 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL outside “city” hours. A divorce occur. You will have local lawyers you were doing this on your own consultation may happen when the call you on Sunday to ask your you would guarantee them what potential client gets back in town, opinion about some issue, and they want. However, since you and this may be after 6 p.m. It may you will cover matters and have have the district attorney or other be on a Saturday or even a Sunday. matters covered when scheduling opposing counsel and the judge Fortunately, there is always plenty conflicts come up. Such is life in to convince, what they want may to do and it is nice to get something the practice of small-town law. not happen. All you can promise is done without having to take phone When newly striking out on that you will work as hard as you calls every few minutes. your own, you will find that can to get them what they want. Small town practice means you knowing the law and accurately Small-town law practice means are on your own. If some tricky conveying that knowledge in the you will see these people again, point of law comes up, or some form of pleadings and journal perhaps in Wal-Mart, at the Relay elusive statute needs to be tracked entries are two quite different ani- for Life or maybe football or bas- down, you don’t get to walk next mals. Remember the first quiet title ketball games, all the usual events door and ask another firm lawyer. suit mentioned earlier? It seemed that happen in a small town. If you It also means when scheduling simple and in retrospect, it was a have won your case, these meetings conflicts arise – and they will – you simple quiet title suit. Now you are sometimes quite nice. If you don’t get to ask another lawyer can draft a petition, get everything did not prevail, you will always in your building to cover for you. published and obtain approval and feel as if you let them down, even Some judges and lawyers will just recording of a journal entry with- if they seem pleased with how the set stuff. Some opponent files a out breaking a sweat. Back then, case was conducted. The practice motion to compel or some equally your adopted mentor may call you of law in a small town is definitely annoying document, and the first an idiot and do the petition for you more personal than in a large city time you know about it is when if he does not want his alma mater in that you are never really away you get a schedule from the judge’s embarrassed by your work. Turns from it. If you are out in public, so office showing you are on the next out just saying those four elements are your clients or opposing par- motion docket. The problem may of adverse possession and ask- ties. Shaking hands with the other be that you have had a hearing on ing for the property, please, does side of a pending divorce case at the merits or a preliminary hearing not make a very effective journal the FFA auction can be awkward scheduled for the past six weeks on entry from a title examiner’s point but happens frequently. The plus that exact same day! of view. For the first two to three side of a small-town practice is the When this happens, it is always years it will take you about six general collegiate atmosphere most an out-of-town matter, so that times longer to do anything than lawyers have with one another, and means a lengthy session resolving it should have taken because you you wouldn’t have it any other way. the conflict. Experiences in this have no idea how to actually prac- vary; some courts will just move tice law. You cannot charge clients it to the next docket, some will for the actual time you spend on ABOUT THE AUTHOR require a motion and proposed their issues until you get a series of Micah G. Ayache is an attorney order. Consultation with the mov- petitions and motions which can be based in Pauls Valley. Originally ing party (who invariably practices used and reused. Anyone who is from New Zealand, where he was a in that jurisdiction and so is always starting out in a small town should sworn officer with the New Zealand at the motion docket anyway) is a get an established lawyer to review Police Service, Mr. Ayache settled must, so before you know it there pleadings and be your mentor. in Oklahoma in 2002. Upon gradu- goes 30 minutes to an hour of your If you can share an office as you ating from the OU College of Law, day. On occasion you will have to establish your own practice, do it! he worked as assistant district trot out “The Oklahoma Guidelines attorney for Cleveland, McClain for Resolving Scheduling END RESULT and Garvin counties. In 2010, Mr. Conflicts”3 to resolve the problem When all is said and done, you Ayache opened his solo practice. of needing to be in two different will find the practice of small-town places at the same time. law quite demanding. Everybody ENDNOTES However, good working rela- who comes into your office has 1. John Grisham, The Client, 1993, Chapter 16. 2. www.oscn.net/applications/oscn/ tionships with your fellows will problems, and sometimes these DeliverDocument.asp?CiteID=448854. help relieve anxiety when such problems have been years in the 3. In the Matter of Guidelines for Resolving Scheduling Conflicts in Oklahoma Courts, 1997 conflicts or gaps in knowledge making. You tell your clients that if OK CR 72, 952 P.2d 993 (Okl. Cr. 1997).

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 35 PHOTO HIGHLIGHTS

1.

1. Participants of this year’s costume contest at the Out of This World Party

2. District 6 Director Caroline Shaffer-Siex receives the YLD Director of the Year award.

3. OBA President Chesnut surprises longtime OBA Executive Assistant Debbie Brink with a President’s Award.

4. OBA President Chesnut with President’s Award recipients OBF Past President Jack Brown and OBA Vice President Lane Neal

5. OBF Past President Jack Brown and OBA Past President Stephen Beam at the President’s Reception

6. Tulsa County Delegate D. Faith Orlowski stands to make a motion at the House of Delegates.

7. Oklahoma Supreme Court Chief Justice Noma Gurich with Judge Linda Thomas, 2017 OBA president

36 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL 4.

2. 5.

6.

3. 7.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 37 8.

9. 10.

8. Oklahoma Supreme Court Chief Justice Noma Gurich delivers the State of the Judiciary.

9. OBA President Chesnut honoring OBA Director of Administration Craig Combs with a President’s Award for his decades of service.

10. Annual Meeting participants on one of Oklahoma City’s new streetcars embark on the first ever Midtown Pub Crawl.

11. Retired NFL referee Walt Coleman gives an animated and humorous address at the Delegates Breakfast.

11.

38 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL 12.

12. Air Force Color Guard from Tinker Air Force Base at the General Assembly

13. Oklahoma Court of Criminal Appeals Presiding Judge David B. Lewis delivers the State of the Court of Criminal Appeals.

14. Co-founder and CEO of Fastcase Ed Walters addressing guests at the Annual Luncheon.

15. Oklahoma City Mayor David Holt welcomes members at the General Assembly.

13.

14. 15.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 39 Bar News Oklahoma Lawyers Selected for Leadership Academy

IGHTEEN FUTURE LEADERS Eof Oklahoma’s legal commu- nity have been selected to receive training in leadership, motivation and communication as members of the Oklahoma Bar Association Leadership Academy class of 2019- 2020. The academy participants were chosen from a pool of appli- cants spanning the state. “Building quality leaders is important,” OBA President Chuck Chesnut of Miami said. “Participation in this academy helps individuals enhance their The 18 members of the 2019-2020 OBA Leadership Academy at their knowledge and skills, giving them first session on Sept. 13 tools to be better lawyers and lead- ers, which benefits their communi- OBA LEADERSHIP ACADEMY PARTICIPANTS ties and the legal profession.” Originating from the OBA’s Broken Arrow Camal Pennington, OU College of Law Leadership Conference in 2007, the June Stanley, Stanley Law Firm PLLC Wyatt Swinford, Elias, Books, Brown & academy is aimed at developing the Nelson PC future leaders of the OBA by giving Guthrie Jessica Ward, Oklahoma Oklahoma attorneys training in the Kyle Moon, Raptor Petroleum Department of Human Services core principles of effective leadership Stillwater and how to communicate, motivate Oklahoma City Amanda Lilley, Legal Aid Services and succeed in their legal careers Myriah Downs, Oklahoma Department of Public Safety of Oklahoma and also as community leaders. Celeste England, Celeste J. The OBA Leadership Academy England, Attorney at Law Tulsa includes four sessions, the first of Ashley Forrester, Forrester Law Firm Stacy Brklacich, Blue Cross and which took place Sept. 13. The acad- Emily Harrelson, Oklahoma Tax Blue Shield of Oklahoma emy will conclude in April 2020. Commission Jeffrey Krigel, Jeff Krigel Law Firm PLLC Sessions will be led by experienced Janet Johnson, Oklahoma Thomas Landrum, The Firm on leaders from various backgrounds Department of Human Services, Baltimore PLLC including military officers, former Child Support James Rea, Tulsa County District OBA presidents, leadership experts Telana McCullough, Oklahoma State Attorney’s Office and high-profile public officials. Department of Education Sara Schmook, Fry & Elder More information about the Robin Murphy-Clemandot, Leadership Academy is available Oklahoma Department of Corrections on the OBA website at www.okbar. org/members/leadership.

40 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL Bar News OBA Committee Membership – Please Join Us!

OW IS THE TIME TO JOIN develop referral and mentoring it has provided me with many None or more of the OBA relationships with lawyers from benefits to my law practice, for standing committees as a part all across the state. which I am grateful. It is also a of your membership in the OBA. Most committees allow meet- wonderful way to give back to our Committees cover a wide range of ing attendance by conference call, legal profession. Even if you have subject matter and topics. so your geographical location does only a little time to spare, we can Why join a committee? Being a not matter in terms of participa- use your help. Please join us. committee member, along with sec- tion if you are not able to make Joining a committee is easy. Go tion membership, is one of the best each meeting in person. In addi- to www.okbar.org/committees and ways to get more involved with the tion, some OBA committees are click “Committee Sign Up.” I will OBA. Committee membership pro- devoted to service to the commu- be making appointments soon. vides ways to get to know lawyers nity in which we live and practice, and judges who may have very dif- which in turn helps enhance the ferent backgrounds, interests and image of our profession within experiences from you and offers an the community. opportunity to make friends, get I have served on many OBA Susan B. Shields, known in the legal community and committees over the years and President-Elect

To sign up or for more information, visit www.okbar.org/committees. „ Access to Justice „ Disaster Response and Relief „ Legislative Monitoring Works to increase public access to Responds to and prepares bar Monitors legislative actions and reports legal resources members to assist with disaster on bills of interest to bar members victims’ legal needs „ Awards „ Member Services Solicits nominations for and identifies „ Diversity Identifies and reviews member benefits selection of OBA Award recipients Identifies and fosters advances in „ Military Assistance diversity in the practice of law „ Bar Association Technology Facilitates programs to assist service Monitors bar center technology to „ Group Insurance members with legal needs ensure it meets each department’s Reviews group and other insurance „ Professionalism needs proposals for sponsorship Among other objectives, promotes and „ Bar Center Facilities „ Law Day fosters professionalism and civility of Provides direction to the executive Plans and coordinates all aspects of lawyers director regarding the bar center, Oklahoma’s Law Day celebration „ Rules of Professional Conduct grounds and facilities „ Law Schools Proposes amendments to the ORPC „ Bench and Bar Acts as liaison among law schools and „ Solo and Small Firm Conference Among other objectives, aims to foster the Supreme Court Planning good relations between the judiciary „ Lawyers Helping Lawyers Plans and coordinates all aspects of and all bar members Assistance Program the annual conference „ Civil Procedure & Evidence Code Facilitates programs to assist lawyers „ Strategic Planning Studies and makes recommendations in need of mental health services Develops, revises, refines and updates on matters relating to civil procedure or „ Legal Internship the OBA’s Long Range Plan and the law of evidence Liaisons with law schools and monitors related studies „ Communications and evaluates the legal internship „ Women in Law Facilitates communication initiatives to program Fosters advancement and support of serve media, public and bar members women in the practice of law

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 41 From the Executive Director Some End of Year Randomness By John Morris Williams

OST OF WHAT I WRITE Chesnut. He tolerates me pretty well Here, I decided to put it in writing Mis random. It does not and on occasion he can go down so that perhaps one or two of those require much preparation to be the randomness road himself. He personal heroes of mine may be random. You just need to live often will lead with an open-ended reading this. long enough to have accumulated question like, “John, do you ever Fourth, so here we are last arti- enough random thoughts to fill a think that some people just aren’t cle of the year. I’m not going to look page every once in a while. aware of X.” I’ll fill in the X this back. Every time I do that, I tend to First, I would like to know why time. “Yes, Chuck I do not think run into something. Looking back every morning my computer starts some people are aware that you would cause some tears at losses, off with pictures somewhere far drove way over 10,000 miles as OBA pride in things accomplished, joy away. It’s not just far away places, president. When you consider Board of still being alive and working for but places that look exotic. The of Governors time, president-elect such a wonderful organization. screen offers a teaser of something and past president, there’s no telling Looking back would remind me to the effect of can you guess where what that number is. It is a far piece that all that I am and all that I have this is. On occasion, it is familiar to Miami and back. This in addition I owe to other people. It would or somewhere I have been. Mostly, to the meetings, conferences and remind me that I love the people I they are just sun-filled beaches events you attended.” work with and for. Looking back and villas and turquoise water. Third, besides President Chesnut, would remind me that I need Great, just what I need to see on a without all the OBA officers and to get the back window washed cold and bleak day. NOT. I don’t governors, committee chairs, section where the dogs put their noses need to be reminded that I need chairs and countless other members on it. So, I will not look back. to be at the beach. It is mostly who volunteer their time the OBA I will not look back. I will be just cruel to show me this. PLUS, would not function or exist. I have proactive. I will figure out where I can’t ever figure how to find out repeatedly heard and believe that one of those exotic beaches on the the location. My computer screen our best lives are lived in service computer is and start planning to next goes to email and the day’s to others. This is especially true go there. I will say thank you more calendar. I used to have a thing when our service to others is tightly often. I will get the car washed. I that showed me topical fish, and I connected to our vocational pas- will try to be less random. But, I will was happy with that. I may have sions. It kind of makes that work purposely conclude with my grat- to write to Microsoft and request and pleasure thing unite into some itude to President Chuck Chesnut that either this teasing stop or at pretty fulfilling and valuable activ- and all the OBA leadership and staff least I get entered in a drawing to ities and products. I know almost for a fulfilling and productive year. have a chance of going to one of everyone who serves the OBA in these places. I like to begin every- one way or the other sells time for day with the idea that something a living. If there is one thing that is great is going to happen. Having part of my randomness, it is grati- a chance to win a trip to clear blue tude. Sometimes, I see people and water and sugary beaches surely the incredible and selfless things would increase my expectations. they do and I have to just reach out To contact Executive Director Second, one of my favorite peo- into the universe to my version of Williams, email him at johnw@ ple to be random with is Chuck the creator and say, “thank you.” okbar.org.

42 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL From the President

(continued from page 4) legal ethics and to increase from members who have been practicing timetable, and the event came off one to two the required legal eth- less than three years. The cost of without a hitch. ics credits per year. living has increased 35% since that We are so fortunate to have the There was a resolution before time. I’m forewarning you that it’s bar staff that we have. This bar the House of Delegates this year hard to maintain dues at the cur- association has 15,794 active mem- that provides effective Jan. 1, 2021, rent level when expenses increase bers being served by a bar staff of of the 12 required instructional on a continuing basis. We will 42 people. They do an amazing job hours of CLE each year, at least two need to have a dues increase in the of trying to make our lives as prac- hours must be for programming on near future just to keep step. ticing attorneys easier and more productive. My hat is off to them for their efforts on our behalf. I think it’s interesting how cer- tain words and phrases come into vogue. These days when we want Our financial situation as a bar association to study something as an organi- zation, we appoint “task forces.” is strong. This year, I appointed a task force to study continuing legal education. Chaired by Jack Brown of Tulsa and co-chaired by our President-Elect Susan Shields, it legal ethics and professionalism, Looking forward, I think the was comprised of a blue-ribbon which includes legal malpractice outlook for the Oklahoma Bar group of Oklahoma lawyers. In prevention. Of the two required Association is bright. We are addition, many OBA staff mem- hours of continuing education on blessed with strong leadership bers also served on the task force. legal ethics and professionalism, by solid people with vision who It met monthly from January to they may be for programming on make good common-sense deci- June and studied all aspects of either legal ethics and profession- sions on our behalf on a day-to- CLE. The real issue was whether alism, legal malpractice prevention day basis. That’s what we want the OBA needs to be in the CLE and/or mental health and substance and that’s what we need. business, and if so, how should use disorders. I am thrilled at the prospect of it best be structured to produce Our financial situation as a bar Susan Shields and Mike Mordy maximum value to our members. association is strong. Although leading us for the next two years. The committee ultimately rec- projected to have a deficit budget, We have a great group serving as ommended that we target CLE pro- our method of underestimating our Board of Governors, and I am grams for new lawyers, promote income and over estimating grateful to them for their support greater coordination with sections expenses has kept us on a solid and advice this year. and committees on CLE programs financial footing. We have ample Finally, I just want to say and increase the number of manda- money in reserve to deal with thank you for the opportunity to tory legal ethics credits. emergencies. Craig Combs, our be president of this association There was lengthy discussion director of administration, and in 2019. It has been exciting and on increasing the overall number John Morris Williams, our exec- challenging but a richly reward- of required CLE credits that con- utive director, do a great job in ing time in my life. tinued over several meetings. The managing our financial resources. task force ultimately decided to As an association, we have not leave the total number of required had a dues increase since 2005. credits at 12 per year. However, Dues are $275 per year for mem- it did decide to recommend the bers who have been practicing adoption of a new definition of three or more years and $137.50 for

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 43 Law Practice Tips Tales of Fails in Lawyer Marketing in 2019 By Jim Calloway

VERYONE’S A CRITIC. think the author might approach respond when contacted by poten- E I must confess to frequent the subject differently if they had tial clients. Marketing is about gen- aggravation as I read some pieces ridden that bicycle for a while. erating leads. If you are dropping of criticism directed at lawyers in most of the leads you generate, your private practice, especially ones SOME SHOCKING STATISTICS marketing efforts are largely futile. written by those who have never Having said that, two recent Clio asked clients what reasons spent any time working in a law items revealed by surveys and they had for not hiring the lawyers firm. So, let me open with my studies about lawyer marketing they contacted, and 64% indicated response to all of them. If you “fails” actually shocked me. they contacted a law firm that have never worked in a law firm, The first “shocker” was from never responded either through it is challenging to appreciate the the 2019 Legal Technology Survey phone or email. Contrast that with pressure, the stress and the respon- Report from American Bar the 89% of legal professionals sibility of handling very important Association’s Legal Technology who say they respond to email or matters for many clients. Often, Resource Center. The survey phone inquiries within 24 hours. lawyers are dealing with the most reported that 43% of solo lawyers I found that data very hard to important and stressful situation do not have websites. That is hard reconcile. Apparently, Clio did in their client’s lives. to believe. For law firms of two to too. Given the gap between the It is also hard to appreciate the nine lawyers, 92% reported hav- responses of lawyers and potential workflow of law firms and how ing a website. I would note that clients, Clio commissioned a study. one thing, like a judge requesting some firms of that size are likely One thousand law firms were additional briefing on an issue, can “single client firms,” for which a emailed and 500 phoned about a impact a week’s workload. Some website is arguably a low priority. possible engagement. The meth- time ago, I read a tweet from a If you are interested in more odology of selecting the law firms lawyer that said,, “Being a lawyer of this survey’s data on market- sampled is detailed in the report. is easy. It’s like riding a bike except ing, read legal journalist Bob Are you ready? 60% of law firms the bike is on fire, and the ground Ambrogi’s article on LawSitesBlog. didn’t respond to the emails at all. is on fire. Everything is on fire.” com “Nearly Half of Solos Have The good news is that those (An internet search reveals that No Website; Two-Thirds of Firms who did respond mostly responded that statement is used for almost Not on Twitter; 30% Have Blogs.”1 within 24 hours. The bad news, at every profession and now adorns However, that wasn’t my big- least from the consumer point of everything from blank notebooks gest shock. The biggest shock was view, was the majority of responses to cards.) Hopefully your law contained in the 2019 Legal Trends indicated that the potential client practice is not like that every day, Report released by practice man- should call the office instead of but most lawyers do have days (or agement software solution Clio. communicating through email. weeks) that feel that way. This is the fourth such annual Phone calls were somewhat bet- As I read social media and blog report, and it contains a lot of ter, likely because law firms have posts criticizing lawyers for failing interesting data.2 someone whose job is answer- to adopt the latest technology tool The shock was data indicat- ing the phone, but the data in the or other shortcomings, I sometimes ing how poorly law firms today study was still surprising:

44 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL „ 56% of law firms answered the calls „ 39% of the calls went to voicemail – of which 57% didn’t return the call within 72 hours „ 5% of the calls were unanswered

So approximately 27% of law firms were not reachable by phone. It is possible to rationalize some of this data. There are many email spammers and scammers. Emails attempting to set the law firm up for a scam may have conditioned some lawyers to only talk to new clients on the phone. Maybe law- yers have been listening when we talk about the inherent insecurity of email. Maybe lawyers have decided that responding to these emails rarely results in clients retaining them, but dropping so many potential leads, whether from email or phone, is not a good business practice.

NEW CLIENT INTAKE As we prepare to begin another calendar year, it is a good idea for all law firms to examine how they handle contacts from potential clients. The smaller the law firm is, the more likely it is that some- one may not be available every time the phone rings. The firm that handles only a few types of matters may decide to empower

THE OKLAHOMA BAR JOURNAL staff to tell callers the law firm in private practice. Your website a very common one such as Jim doesn’t handle that type of matter. is your address for those who are Smith. Law firm domain names However, the lawyers may want a looking to hire a lawyer and almost (and domain names in general) are different rule for a client the firm every potential client today will very significant. Picking a good has represented previously. check out your website before con- domain name is very important as It’s not good for a lawyer’s tacting you directly. Many times, you may well live with it for the reputation to fail to return phone failing to find a website for a lawyer rest of your legal career. If possi- calls. When it is client phone calls means the potential client will move ble, it should be short and easy to that are not being returned, this on to the next potential lawyer. type. Likely at some point, your may set the stage for a grievance What makes a website valu- law firm business email addresses against the lawyer. When it is able for marketing has changed should use this domain name. potential client phone calls that over the last several years. Today The Internet Corporation for are not being returned, these lost the first rule, particularly for Assigned Names and Numbers opportunities may impact the those firms that cater to individ- (ICANN) is a nongovernmen- firm’s revenue. ual consumer clients, is that the tal organization that oversees Larger law firms should have a website needs to look good on the “top level domains.” They have formalized written intake pro- phone and other mobile devices. approved many registrars. You can cess. This plan should deal with Hopefully the website will look search for potential domain names responding to potential new client good on a computer as well. through ICANN or one of the reg- inquiries when the lawyers are For many years it was a smart istrars. The registrars have variable unavailable to respond promptly. and thrifty decision to hire some- fees, with some charging below A solo or small firm lawyer, one with a little bit of HTML their actual costs the first year particularly those without full- coding experience to build your because they want to sell you other time staff, should strongly con- website for you. Today, we must services. Prices vary, but $10 or $12 sider hiring a virtual receptionist consider whether an amateur or per year is a good rule of thumb for service and providing them every hobbyist will include the proper this. Some are free, but if you don’t week with some open hours that tags for search engines to index use the company for other services, they can schedule appointments your website and whether the there is likely to be a fee. and the criteria as to whether they result will be mobile friendly. should schedule an appointment There are three aspects to Next: The Host and Design or just take a message. The lawyer having a website. It is important There are many companies that should also keep track of those to understand all three aspects do website hosting. new client engagements that the because many companies attempt There are also many people firm might have missed without to bundle all of these services who have the skills to design web- the virtual receptionist service. together. That just makes sense sites, but finding someone is often Hiring and working positively as most customers prefer a “turn a challenge today. You can also ask with a virtual receptionist service key” all-in-one service, but it’s fellow solo or small firm lawyers may provide better client service good to understand the basics as a with websites you like for refer- and keep the lawyer from drop- consumer. You must 1) select and rals for who they used. There are ping the ball when a potential cli- register a domain name, 2) have designers who can build and even ent contacts them wishing to hire your website design created and help you maintain your website the law firm. Some lawyers may 3) the site must be hosted online for a reasonable cost. find that service pays for itself. where it will be accessible 24/7. WordPress now dominates as While these are all separate the platform of choice for many WEBSITES FOR SOLOS functions, they are often bundled basic websites. It is easier than ever I think many solo practitioners together by providers. to build your own website with the do not have websites because they tools available. Some lawyers with have been conditioned to the idea First, the Domain Name an interest can build a site using that they have to do everything For the law firms that do not WordPress, but beware that “eas- themselves and they do not know yet have a website, one of the most ier” does not mean “easy.” That is how to do this project. challenging parts is to come up why WordPress classes are widely Today, a website is just as neces- with a unique and relatively short available. sary as a listed telephone number domain name. This is particularly The nice thing about the and law firm address for a lawyer true if your name happens to be WordPress platform is because of

46 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL its history as a blogging platform, Content jurisdictions. No attorney- a well-designed site will allow Here are a few things I think a client relationship is created someone to update and add posts law firm should have on its website. merely by visiting the web- without requiring much techni- site. The usual stuff. cal skill, but be cautious about the „ The names, photos and con- „ Compliance with the ethics numerous WordPress plug-ins tact information for all the rules. As you are preparing that are available. Most are, no attorneys. Have an appeal- the content of your web- doubt, useful, but everything you ing picture. Posing in front site, be sure and review add is something else that needs of a wall of law books is just rules 7.1 through 7.5 of to be maintained and regularly too cliché, in the opinion of the Oklahoma Rules of updated. A plug-in that is not many experts. Professional Conduct. updated can become a significant „ A map to the office. Unless „ Attractive pictures and security risk. your office is on the main graphic elements. You don’t A do-it-yourselfer without street of a very small town, have to go overboard here, much experience is probably safer you should have direc- but the internet is a graphic to use services like Wix, Weebly tions to your office. Often media and you need some or Squarespace as opposed to this can be done through graphics. Take some pic- WordPress. These are better Google Maps. tures with your smart- geared to help the inexperienced „ Your practice areas. phone to produce graphics create simple websites in a rela- Whether you handle many you can use that you don’t tively short amount of time. different types of cases or have to purchase or license. Note that it is important that a few, potential clients are the lawyer ultimately be the one looking for someone who Don’t spend months perfect- listed as the official owner of the handles their kind of mat- ing the most ambitious website. domain and in possession of the ter. Don’t be embarrassed Start simple and do it right. Make username and password for their to use more than one term notes of what additional things website. You do not want to be the that means essentially the you would like to do for the next lawyer whose domain name is same thing. Potential clients version. Then add your site’s web expiring and the person who reg- may not know what certain address to your stationery, your istered and created the site cannot legal terms mean. email signature block and your be located. „ Flawlessly written content business cards. The goal of website design is to with no misspellings or have a simple and attractive web- poor grammar. Website Goals site design that looks good on the „ Simple, clear and serious Remember that your goal is smartphone and provides the infor- content. to attract clients, not to impress mation potential clients are seeking. „ Appropriate disclaimers. other lawyers. A website is informational, Clients rarely care about most not legal advice. You are items that are typically contained only licensed in certain in lawyer biographies. They have a

The goal of website design is to have a simple and attractive website design that looks good on the smartphone and provides the information potential clients are seeking.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 47 problem and they want to know if CONCLUSION Solo practitioners need an you can help them with their prob- We have covered two main online presence so that potential lem. Use language that describes points this month, both of which new clients can locate them. The the problem and your services. are critical for the success of your foundation of this online presence This is not to say you should omit law practice. is a website. If you’re a solo practi- important biographical informa- All law firms, regardless of tioner who doesn’t have a website, tion. After all, lawyers from other size, need a formal procedure it’s time to prioritize setting one up. regions seeking to refer a case for dealing with inquiries from may be interested in that, but your potential new clients. This varies website shouldn’t focus on the fact significantly depending on the Mr. Calloway is OBA Management you were named to the law review particulars of the law firm, but the Assistance Program director. Need 15 years ago in law school. bottom line should be that every- a quick answer to a tech problem If you want valuable feedback on one who reaches out to your law or help solving a management your website, ask friends and rela- firm deserves a response even if dilemma? Contact him at 405-416- tives who have nothing to do with the response is to refer them to 7008, 800-522-8065 or jimc@okbar. the legal profession to give you their a different lawyer or to tell them org. It’s a free member benefit! feedback. They better reflect your you cannot help them. Solo practi- intended audience than you do. Of tioners may need to consider vir- ENDNOTES 1. www.lawsitesblog.com/2019/11/nearly- course, they may not understand tual assistant services to respond half-of-solos-have-no-website-two-thirds-of- the ethical limits on what a lawyer to new client inquiries and sched- firms-not-on-twitter-30-have-blogs. 2. You can download your copy of the report should publish online. ule appointments. at www.clio.com/resources/legal-trends.

48 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL

Ethics & Professional Responsibility Defining Ethics By Richard Stevens

S I WRITE THIS SENTENCE, This is how “ethics” is defined happened or not; but I am getting old, AI have been the OBA ethics by Merriam-Webster: “The discipline and soon I shall remember only the counsel for approximately one month. dealing with what is good and bad latter.”2 I know that I have benefitted So far, the job has been rewarding and with moral duty and obligation.”1 from my periodic review of the Rules and interesting but quite busy. The Once we take the oath as attorneys we of Professional Conduct. I think we volume of calls and emails I receive are bound by the Rules of Professional all might benefit from a review. point to the fact that Oklahoma Conduct, but most of us do not regu- Finally, lawyers are members of a lawyers want to do the right thing larly consult those rules. We only look profession which often produces stress and fulfill their obligation under to them when a specific issue arises. and issues which flow therefrom. A the Rules of Professional Conduct. I think it is good to review those significant number of ethical violations The position of ethics counsel things that we know from time to stem from mental health and substance was created in 2002 as a service to time. Sometimes, I have boldly told col- abuse issues. Lawyers are trained to be Oklahoma bar members. Ethics counsel leagues what the law says. I have done self-sufficient and not show weakness. serves as a resource to seek advice and this because I had looked up this point It can be difficult to ask for help for counsel for ethical issues. Consultations in the past and I remembered it well. yourself or for someone you know, but are available only to OBA members. Often, I looked up that point again I think we must take care of ourselves Communications with the ethics and was reminded of something Mark and strive to help our colleagues. counsel are confidential and privileged. Twain once said: “When I was younger The OBA offers all bar members up Records of all calls are kept by name I could remember anything, whether it to 6 hours of free short-term, problem- and OBA member number, including focused or crisis counseling. The summaries of the inquiry and advice service is strictly confidential. For help given. While the opinions and advice LAWYERS HELPING with stress, depression or addiction, given are not binding on any court or call the Lawyers Helping Lawyers tribunal, evidence of a consultation LAWYERS HOTLINE hotline, 800-364-7886, to be referred to with ethics counsel may be a miti- a counselor in your area. The hotline The LHL hotline is answered by gating factor if a grievance is filed. is available 24 hours a day 7 days a a counseling/mental health service. I recently attended a swearing- week. Identifying participant informa- After-hours calls are answered by a in ceremony for new attorneys in licensed mental health professional. tion is not made available to the OBA another state. The process there Calling the hotline is always the first and services are provided through a included an optional introduction step to receive help or information. separate, contracted organization. (special motion) by a member of that Call 800-364-7886 for assistance with: state’s bar. It occurred to me while I „ Stress sat and listened that a great number of „ Relationship challenges Mr. Stevens is OBA ethics counsel. the introductions mentioned the eth- „ Depression / anxiety Have an ethics question? It’s a ics of the soon-to-be-admitted lawyer. „ Substance abuse member benefit, and all inquiries are „ Ethics, ethical conduct and even work Short-term counseling confidential. Contact him at richards@ „ ethic were mentioned over and over. Referrals okbar.org or 405-416-7055. Ethics „ Interventions In a ceremony that lasted almost information is also online at www. „ Consultations 3 hours, I found time to consult a dic- „ Education okbar.org/ec. tionary about ethics. That was some- „ Request for an LHL thing that I do not remember having ENDNOTES Committee member mentor 1. www.merriam-webster.com/dictionary/ done before, even when I was hired as „ Help for someone else who ethic#note-1 2. 1912, Mark Twain, A Biography: The ethics counsel, because I thought that has a problem Personal and Literary Life of Samuel Langhorne I knew what “ethics” meant. Clemens by Albert Bigelow Paine, Volume 3. 50 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL Board of Governors Actions Meeting Summary

The Oklahoma Bar Association Board of the new Lawyers Helping Lawyers BOARD MEMBER REPORTS Governors met Oct. 18 at the Steidley & Assistance Program contract, meet- Governor Beese, unable to attend Neal Law Firm in McAlester. ings regarding the Murrah Builidng the meeting, reported via email he bombing anniversary seminar in 2020, attended the Muskogee County Bar APPRECIATION EXPRESSED Budget Committee meeting, budget Association meeting. Governor Past President Buddy Neal and hearing, Uniform Bar Exam Advisory DeClerck reported he attended the Governor Fields were thanked for Committee meeting, OAMIC board OBA Budget Committee meeting by their hospitality in hosting a recep- meeting, planning meetings for next phone and the dinner with Pittsburg tion and coordinating the dinner with year and dinner with the Pittsburg County Bar Association members. the Pittsburg County Bar Association County Bar Association. He had Lawyers Helping Lawyers at Pete’s Place. Assistance Program Committee REPORT OF THE Chair Jeanne Snider and member Ben REPORT OF THE PRESIDENT EXECUTIVE DIRECTOR Rogers speak to the Garfield County President Chesnut reported he Executive Director Williams Bar Association and started plan- attended the Southern Conference reported he attended the monthly ning for next year’s board meeting of Bar Presidents in Atlanta, Budget staff celebration, Southern Conference in Enid. Governor Fields reported Committee meeting, Lawyers of Bar Presidents and premeeting for he attended the Pittsburg County Helping Lawyers Assistance Program executive directors, Estate Planning, Bar Association monthly meeting Committee meeting, dinner with the Probate and Trust Section dinner and dinner with the county bar and Pittsburg County Bar Association, and meeting regarding guardianship OBA board members. Governor Annual Meeting planning meeting, materials, staff directors meeting, Hermanson reported he attended the Access to Justice Committee meeting Annual Meeting planning meeting, OBA Law Day Committee meet- and Ottawa County Bar Association Access to Justice Committee meeting, ing by phone, Justice and Recovery monthly meeting. He made meetings to finalize the new Lawyers Conference, Court of Criminal appointments to the Professional Helping Lawyers Assistance Program Appeals Oklahoma Uniform Jury Responsibility Commission and contract and committee meeting, Instructions Committee meeting, Professional Responsibility Tribunal Budget Committee meeting, budget elected district attorney training and and spoke to new admittees at the hearing, 60-year pin presentation in Pittsburg County Bar Association admission ceremony. Canadian County, admission cere- dinner. He made numerous pre- mony and dinner with the Pittsburg sentations to the public about the REPORT OF THE County Bar Association. Kay County Courthouse remodel VICE PRESIDENT and expansion sales tax vote that Vice President Neal reported he REPORT OF THE passed Oct. 8 and presented CLE on attended the Oklahoma County Bar PAST PRESIDENT opening statements at the 2019 DAC Association Raising the Bar event, Past President Hays reported she Prosecuting the Drugged Driver Oklahoma Women’s Hall of Fame attended the OBA Family Law Section Seminar. Governor Hicks, unable induction ceremony and dinner with monthly meeting/CLE seminar, the to attend the meeting, reported the Pittsburg County Bar Association. section’s Annual Meeting planning via email he attended the Tulsa meeting, OBA budget meeting, County Bar Foundation Board of REPORT OF THE Southern Conference of Bar Presidents Trustees meeting and OBA Budget PR ESIDEN T-ELEC T and events in Atlanta and dinner with Committee meeting via telephone. President-Elect Shields reported the Pittsburg County Bar Association. Governor McKenzie, unable to she attended the Southern Conference She also received a report from the attend the meeting, reported via of Bar Presidents, meetings to finalize OBA Women in Law Committee. email he attended the Oklahoma

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 51 County Bar Association Board REPORT OF THE YOUNG has been signed with the new pro- of Directors meeting. Governor LAWYERS DIVISION vider for Lawyers Helping Lawyers Morton reported he attended the Governor Nowakowski reported Assistance Program Committee Holloway Inn of Court opening she participated in the inaugural services, which will switch over Dec.1 banquet and social event with the teleconference for ABA state mem- creating an overlap of one month Pittsburg County Bar Association bership chairs, and she is the new with the current provider. Scripts for at Pete’s Place. He also made membership chair for the region. those answering the phone have been CLE presentations on the new She, with other YLD Executive written. Governor DeClerck said DUI laws to the Delaware County Committee members, attended committee Chair Jeannie Snider and member Ben Rogers did an excel- lent job in their presentation to the Garfield County Bar Association. It was noted that lawyer wellness will be an emphasis next year. President- It was noted that lawyer wellness will be an Elect Shields asked governors to make room for LHL speakers to emphasis next year. President-Elect Shields come to county bar meetings to speak. Past President Hays said the asked governors to make room for LHL speakers Women in Law Committee ban- quet in Oklahoma City will take to come to county bar meetings to speak. place Oct. 25. Executive Director Williams reported the Access to Justice Committee is involved in the creation of a new website for the public. He described the idea Bar Association and Oklahoma the YLD Fall Conference in New for the collection of materials called County Criminal Defense Lawyers Orleans. YLD Secretary Caroline Law for People that will be offered. Association. Governor Oliver reported Shaffer-Siex has been appointed to a The Family Law Section is updat- he attended the Payne County Bar two-year position as ABA YLD dis- ing guardianship information and Association monthly meeting and trict representative. Ms. Nowakowski self-help guardian forms will be made dinner with the Pittsburg County shared details about the upcoming available. The Communications Bar Association. Governor Pringle Midtown Pub Crawl event, co-hosted Committee has been asked to help reported he attended the Oklahoma by the YLD, at Annual Meeting. The with marketing. County Bar Association Raising the division is sponsoring the costume Bar event, Southwest Association of contest for the Thursday Out of This REPORT OF THE Bank Counsel Convention, OCBA World Party. President Chesnut GENERAL COUNSEL Briefcase Committee meeting and reported the early bird discount reg- General Counsel Hendryx briefed dinner with the Pittsburg County Bar istration deadline has been extended board members on the pending law- Association. Governor Will reported three days to Oct. 18 at midnight. suit in New Jersey. A written report he attended the Canadian County of PRC actions and OBA disciplinary Bar Association reception honoring BOARD LIAISON REPORTS matters from Aug. 16 to Oct. 9, was Fenton Ramey, who received his Governor Williams said the submitted to the board for its review. 60-year membership pin. Governor Diversity Committee held its annual Williams reported he attended the awards dinner at the Oklahoma PROFESSIONAL OBA Budget Committee meeting, Judicial Center, which was well RESPONSIBILITY Tulsa County Bar Foundation’s Board attended. Vice President Neal said COMMISSION of Trustees meeting, Tulsa County the Law Schools Committee did APPOINTMENT Bar Association’s Board of Directors not meet but is working on revising The board approved President meeting and OBA Diversity its charter that will be presented to Chesnut’s recommendation to appoint Committee Awards Dinner. the board at the December meet- Karen A. Henson, Shawnee, to com- ing. Governor Hermanson said the plete an unexpired term on the PRC Law Day Committee is concerned ending 12/31/2021. about its budget cut. Executive Director Williams said the contract

52 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL PROFESSIONAL RATIFICATION OF RESPONSIBILITY TRIBUNAL EMAIL VOTE APPOINTMENT The board voted to appoint Glen The board approved President Huff, Oklahoma City, as a special Chesnut’s recommendation to appoint member to the Council on Judicial Lane R. Neal, Oklahoma City, to Complaints due to the recusal of complete an unexpired term on the another council member. PRT ending 6/30/2021. OKLAHOMA BAR CHILD DEATH REVIEW EXAMINATION BOARD APPOINTMENT ADVISORY COMMITTEE The board voted to nominate APPOINTMENTS Susan Damron, Oklahoma City, as President Chesnut appointed a candidate for appointment to the President-Elect Shields, Oklahoma Child Death Review Board for a City; Stephen Stephens, Stillwater; two-year term. and Ryan Haynie, Oklahoma City, to the Oklahoma Bar Examination EXECUTIVE SESSION Advisory Committee created Sept. The board voted to go into executive 16, 2019. Their terms will expire session to discuss the executive direc- December 2020. President-Elect tor’s evaluation. The board met and Shields shared information about voted to come out of executive session. the first meeting. She said 38 states have adopted the universal exam, and DESTRUCTION OF Oklahoma is not one of them. She JNC BALLOTS explained that utilizing the universal The board authorized Executive exam affects reciprocity with other Director Williams to destroy ballots states and provides portability. from the recent Judicial Nominating Commission election. COPYRIGHT ISSUE Executive Director Williams 2020 PROPOSED BUDGET briefed the board on a Mock Trial President-Elect Shields called High School Program presentation attention to the budget materials in that was posted to the OBA website the board packet. She said the com- for a workshop. Copyrighted mate- mittee met, and the meeting was well rial was included in the presentation, attended. A hearing was set, members and a fee for the violation is being notified, but no one attended. The requested. He described the fee nego- proposed budget projects a deficit, tiations that have taken place. The but funds from the technology reserve board authorized Executive Director fund will be utilized to balance the Williams to resolve the issue at the budget. Administration Director lowest cost possible. Combs reviewed the budget summary with a comparison to 2019. He said NEXT MEETING the estimated deficit is less than last The Board of Governors met year. Changes include pay increases in November, and a summary of for staff members and the doubling those actions will be published in of funding for the Lawyers Helping the Oklahoma Bar Journal once the Lawyers Assistance Program. The minutes are approved. The next board board approved the proposed budget. meeting will be at 10 a.m. Friday, Dec. 13, in Oklahoma City.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 53 Bar Foundation News 2019 Awards & Recognition

T THE 2019 ANNUAL THE ROGER R. SCOTT active role in educating members AMeeting, the Oklahoma Bar MEMORIAL AWARD on the work of the OBF. The sec- Foundation recognized several This year’s award recipient is tion also sponsored the first ever outstanding Oklahoma attorneys the Family Law Section for their “Rock the Foundation – Lip Sync and OBF board members who continuing commitment and for Justice” fundraiser in 2019 and have contributed to the success support of the OBF and its Fellows has also raised funds for the OBF of the organization’s programs Program. Each year, the Family through their own section fund- and events. Law Section donates $5,000 as a raisers in past years. Thank you Community Fellow and takes an to the members of the Family Law Section for your continued sup- port to ensure justice is possible for all Oklahomans!

THE GERALD B. KLEIN - JACK L. BROWN AWARD Doug Burns, Terry Stowers, Allen DeVore and James Kee were all recipients of this year’s award for their role in originating the OBF Court Grant Fund designed to improve the administration of justice in Oklahoma by mod- ernizing courtroom technology in district and appellate courts. This program has awarded over OBF President Jennifer Castillo presents OBA Past President Kimberly Hays with the $980,000 to 66 different county Family Law Section’s Roger Scott Memorial Award. district courts across the state since 2008.

SERVICE AS PRESIDENT Jennifer Castillo was recog- nized for her outstanding service and leadership as 2019 Board of Trustees president. President Castillo traveled with the OBF to several conferences held by the National Conference of Bar Foundations, founded OBF’s fund- raiser “Rock the Foundation – Lip Sync for Justice” and continued to move the OBF forward in its modernizing efforts. Thank you for making 2019 rock! OBF President Jennifer Castillo (center) at “Rock the Foundation – Lip Sync for Justice”

54 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL OBF President Jennifer Castillo (center) presents OBA President-Elect Susan Shields and Allen Hutson with OBF President’s Awards.

Richter and Kaleb Hennigh for their service and dedication as OBF Trustees. From all of us at the OBF, we wish each of you the best in future endeavors! You will be greatly missed.

PASSING OF THE GAVEL President Jennifer Castillo passed the OBF gavel to incoming President Patrick O’Hara Jr., whose term as president will begin Jan. 1, 2020. The OBF is looking forward to President O’Hara’s leadership as we head into the new year.

OBF President Jennifer Castillo passes the gavel to 2020 OBF President Patrick O’Hara.

PRESIDENT’S AWARDS in the success of the “Rock the Each year, the OBF Board of Foundation – Lip Sync for Justice” Trustees president recognizes out- fundraiser. Nathan Richter even standing board members who went performed as a lip sync team above and beyond to support activ- contestant. The event raised over ities carried out by the OBF. This $26,000 for OBF grantees providing year, President Castillo selected access to justice services. Allen Hutson, Susan Shields and Nathan Richter as 2019 President’s OUTGOING BOARD OF Award recipients. In addition to TRUSTEES RECOGNITION active board participation through- The OBF thanks Alan Souter, out the year, each of these award Martha Cordell, Amber Peckio recipients played an active role Garrett, Susan Shields, Nathan

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 55

Young Lawyers Division Elections, Awards and More By Brandi Nowakowski

T’S OFFICIALLY HOLIDAY After the President’s Reception, was truly out of this world! Special Iseason! Christmas lights, cocoa, the YLD co-hosted the Midtown thanks to the Taxation Law Section friends and family collide for a Pub Crawl. This fun event took for sponsoring this year’s suite. joyous, yet chaotic, swirl of fun lawyers from across the state on In conjunction with Annual and festivities. In a matter of a trip via streetcar to Midtown’s Meeting, the YLD held its regular mere days, 2019 will officially O Bar, Kong’s Tavern, McNellie’s monthly meeting Nov. 7 and the be behind us and we will fully Pub and Fassler Hall. Likewise, the election results were announced. embrace a new year. The 2019 bar YLD participated in Thursday’s Congratulations to all of you! I year culminated at the Annual Out of This World Party by hosting am excited about the coming year! Meeting in Oklahoma City Nov. 6-8. the fan favorite costume contest. Newly elected members are: As always, it was a tremendous OBA members did not disappoint, success full of valuable and infor- bringing their A game in costumes „ Chair: Jordan Haygood mative CLE opportunities, great ranging from alien to astronaut. „ Vice Chair: April Moaning networking, food, friends and With food, drinks, black lights and „ Treasurer: Dylan Erwin fun! The YLD was very active at glow-in-the-dark games in the „ Secretary: Caroline this year’s Annual Meeting. YLD hospitality suite, this party Shaffer-Siex

Chair Brandi Nowakowski (center) with YLD award recipients (from left) Cassandra Coats, special recognition; Laura Stone, Friend of the YLD; Dylan Erwin, Officer of the Year; and Caroline Shaffer-Siex, Director of the Year.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 57 of the Communications Ms. Nowakowski practices in Department. Shawnee and serves as the YLD „ The Fellow of the YLD is chairperson. She may be contacted awarded to a lawyer who at [email protected]. Keep has practiced more than up with the YLD at www.facebook. 10 years and been instru- com/yld. mental to YLD success; this year, Susan Damron, direc- tor of the CLE Department was selected as the Fellow of the YLD. „ Officer of the Year was Dylan Erwin of Oklahoma City. „ Director of the Year was Fellow of the Year Susan Damron with Caroline Shaffer-Siex of Chair Brandi Nowakowski Tulsa. „ Lee Coats Law Firm was „ Immediate Past Chair: recognized for their sup- Brandi Nowakowski port of the YLD and the „ District 2: No candidate Wills for Heroes project. (this position will be Special thanks to Josh Lee appointed by the chair at and Cassandra Coats and the first meeting of 2020) their entire staff for hosting a „ District 3: Laura Talbert wills event at their law office „ District 4: Taylor Venus in Vinita. We could not have „ District 6: Caroline done it without them! Shaffer-Siex „ District 8: Tony Morales These individuals have been „ At-Large (three seats avail- vital to the success of the YLD, and 2018 Chair Nathan Richter, current able): Dylan Erwin, Clayton I am so thankful to each of them Baker and Bryan Lynch Chair Brandi Nowakowski, 2017 Chair for their continued hard work and Lane Neal and 2020 Chair Jordan „ At Large Rural (one seat support. Congratulations to all! Haygood at the YLD board meeting available): Scott Cordell

In addition to announcing elec- tion results, this meeting provided me the opportunity to recognize and honor several individuals who have made special contributions to another successful year for the YLD. Awards were given to the Friend of the YLD, Fellow of the YLD, Officer of the Year and Director of the Year, as well as a special award to the Lee Coats Law Firm in Vinita.

„ The Friend of the YLD is awarded to a nonlawyer who has shown tremen- dous support to the YLD; this year’s Friend of the Past President Kimberly Hays, President-Elect Susan Shields and YLD Chair Brandi YLD was Laura Stone Nowakowski at O Bar atop the Ambassador Hotel during the Annual Meeting Pub Crawl

58 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL

For Your Information

DUSTIN ROWE NAMED TO IMPORTANT UPCOMING DATES OKLAHOMA SUPREME COURT Don’t forget the Oklahoma Bar Gov. Stitt named Tishomingo Center will be closed Tuesday and lawyer Dustin Rowe to the Oklahoma Wednesday, Dec. 24-25, in obser- Supreme Court. Mr. Rowe succeeds vance of Christmas. The bar center Federal District Judge Patrick Wyrick will also be closed Wednesday, in the District 2 seat, which includes Jan. 1, 2020, for New Year’s Day and 13 counties in southeastern Oklahoma. Monday, Jan. 20, 2020, in observance “Mr. Rowe is an accomplished of Martin Luther King Jr. Day. lawyer and dedicated Oklahoman who has an impressive legal back- ground,” Gov. Stitt said. “His proven ASPIRING record in both his private practice and WRITERS as a tribal court judge speaks to his TAKE qualifications to join the highest court NOTE in Oklahoma. Mr. Rowe’s reputation We want Dustin Rowe of fairness, passion toward the legal to feature system and heart for his community your work is evident. I am confident he will serve our state with integrity in order to on “The support and defend the state’s constitution and uphold the rule of law.” Back Page.” Mr. Rowe was elected mayor of Tishomingo when he was 18 years old Submit and served two terms. He has practiced law in Tishomingo since 2001, articles of where he owns and manages Rowe Law Firm. He served as special judge 500 words or less related to the of the Chickasaw Nation District Court from 2005-2011 and since 2011 was practice of law, or send us some- serving as district judge of the Chickasaw Nation District Court until the thing humorous, transforming or time of his appointment. intriguing. Poetry and photogra- He is Johnston County Bar Association president and is admitted to phy are options too. Send submis- practice before the United States Supreme Court, Oklahoma Supreme sions to OBA Communications Court, Chickasaw Nation Supreme Court and the United State District Director Carol Manning, carolm@ Courts for the Eastern and Western Districts of Oklahoma. okbar.org. Mr. Rowe received his J.D. from the OU College of Law in 2001.

CONNECT WITH THE OBA SAVE THE DATE! LEGISLATIVE THROUGH SOCIAL MEDIA READING DAY FEB. 1, 2020 Have you checked out the OBA The Oklahoma Legislature recon- Facebook page? It’s a great way venes in February and hundreds of to get updates and information bills will be prefiled. Much of the about upcoming events and the proposed legislation could affect the Oklahoma legal community. Like administration of justice, and some our page at www.facebook.com/ will undoubtedly affect your practice. OKBarAssociation and be sure to Join the OBA Legislative Monitoring follow @OklahomaBar on Twitter Committee at 10 a.m. Saturday, Feb. 1, and @OKBarAssociation on 2020, at the Oklahoma Bar Center as Instagram. they identify top bills of interest to the OBA and your practice area. Plus, earn two hours of MCLE credit. Lunch will be provided. RSVP to Debbie Brink at [email protected] if you’d like to attend.

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

Stephen Worley Brown Jacqueline Taylor Garrett David Anson Shipley OBA No. 30815 OBA No. 13813 OBA No. 21811 223 S. Oak 1610 Grant St. 8750 N Central Expy, Ste. 1400 Pratt, KS 67124 Berkeley, CA 94703 Dallas, TX 75231

Thomas Hugh Dobbs Stacia Keanne Gordon Dugie Hagberg Standeford OBA No. 17608 OBA No. 20715 OBA No. 8550 2090 Glenn Ferry Court 2194 S. Cherokee St. 1 Moat Villa Pfafftown, NC 27040 Denver, CO 80223 Church Road Dodleston, Cheshire Daniel Thomas Foley Paula Jeanne Lynch CH4 9NJ, UNITED KINGDOM OBA No. 3003 OBA No. 15295 233 N. Meldrum St., Apt. C8 2826 Lobella Dr. Vernon Reid Wagner Fort Collins, CO 80521 Green Bay, WI 54313 OBA No. 12019 1173 Clays Trail Leslie Miller Gainer Miroslava Plamenova Radieva Oldsmar, FL 34677 OBA No. 18171 OBA No. 32858 1024 East San Lucas Rd. 20 Tobacco Road Palm Springs, CA 92264 Hurdle Mills, NC 27541-9757

MEMBER DUES STATEMENTS AVAILABLE ONLINE MCLE DEADLINE In an effort to save money and cut down on cost of printing and postage, APPROACHING the OBA Membership Department has posted member dues statements Dec. 31 is the deadline to earn online at ams.okbar.org. As a follow up, a paper statement was mailed any remaining CLE credit for 2019 around the first of December to those members who have not yet paid. without having to pay a late fee. Please help the OBA in this effort by paying your dues today! The deadline to report your 2019 Members can pay their dues by credit card online at ams.okbar.org or by credit is Feb. 15, 2020. Not sure mailing a check to the OBA Dues Lockbox, P.O. Box 960101, Oklahoma City, how much credit you still need? OK 73196. Dues are due Thursday, Jan. 2, 2020. You can view your MCLE tran- script online at www.okmcle.org. Still need credit? Check out great LHL DISCUSSION CLE offerings at www.okbar.org/ GROUP HOSTS cle. If you have questions about JANUARY MEETING your credit, email [email protected]. “Practice of Law and Spirituality” will be the topic of the Jan. 2 meeting of the Lawyers Helping Lawyers monthly discussion group. Each meeting, always the first Thursday of the month, is facilitated by committee members and a licensed mental health professional. The group meets from 6 to 7:30 p.m. at the office of Tom Cummings, 701 N.W. 13th St., Oklahoma City. There is no cost to attend and snacks will be provided. RSVPs to ken. [email protected] are encouraged to ensure there is food for all.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 61 Bench and Bar Briefs

ON THE MOVE

Sarah Capps and Sonja Turner Lauren Kiefner, Khaki A. Scrivner Taylor K. Weder and Dane H. have joined the Oklahoma and Meg Sine have joined the Miller have joined the Oklahoma Department of Human Services Oklahoma City office of Crowe & City-based firm of Fellers Snider. Legal Services team as assistant Dunlevy. Ms. Kiefner received Ms. Weder will practice primarily general counsels. Ms. Capps her J.D. from the Washington in the firm’s litigation group. She received her J.D. from the OU University School of Law in St. received her J.D. from the OCU College of Law this year and will Louis, Missouri, earlier this year. School of Law. Mr. Miller will work primarily in the areas of adop- She is a member of the firm’s practice primarily in the firm’s tions and child care services. Ms. Appellate, Banking and Financial litigation group and assisting var- Turner received her J.D. from the Institutions Practice Group and the ious clients with complex business OCU School of Law this year and Litigation and Trial Practice Group. needs. He received his J.D. from will work primarily in the areas of Ms. Scrivner received her J.D. from the OCU School of Law. adoption and child care services. the OCU School of Law and is a member of the firm’s Corporate Cindy Pickerill has been named Dewberry Law Firm has changed and Securities Practice Group and special judge for the Osage County location. The new address is the Real Estate Practice Group. District Court. Ms. Pickerill will 2425 Wilcox Drive, Norman, Ms. Sine received her J.D. from fill the position left vacant by Judge 73072. Firm members include the Northwestern Pritzker School John Thomas Briggs. Supreme Rachael Dewberry and Mona of Law. She is a member of the Court Justice John Kane was in Guziar. They can be reached at Bankruptcy and Creditor’s Rights the role prior to Judge Briggs. 405-261-8900. Practice Group and the Litigation and Trial Practice Group. Tery DeShong has joined the Janie Simms Hipp has been University of North Texas G. named CEO of the Native Michael Romero joined Heritage Brint Ryan College of Business American Agriculture Fund Trust Co. as vice president and rela- faculty as a full-time lecturer. Ms. (NAAF). Ms. Hipp graduated with tionship manager in the Oklahoma DeShong will coordinate a course a J.D. from the OCU School of City office. He will assist clients on the legal and ethical environ- Law and with an LL.M. from the in a variety of areas including ment of businesses in addition to University of Arkansas School of trusts, probate and estate plan- a course on international business Law in Fayetteville, Arkansas. ning and administration. Mr. law. She received her J.D. from the Romero received his J.D. from TU College of Law in 1991 and Buxton Law Group has changed the OU College of Law in 1998. practiced law in Oklahoma for location. The new address is 1923 many years. N. Classen Blvd., Historic Berry William J. Holland joined the Building, Oklahoma City, 73106. law firm of McAfee & Taft. He Maegan C. Murdock has joined Firm members include Jim Buxton practices primarily in the area of the firm of Johnson & Jones PC and Logan Turner. They can be resolution of complex business as an associate. She received her reached at 405-604-5578. disputes, including the defense J.D. from the OU College of Law of manufacturers of leading earlier this year and will practice Herber E. Elias Sr. and Scott D. consumer and commercial prod- primarily in the areas of general Hjelm Sr. have changed location ucts in high-stakes product civil litigation, commercial litiga- for their firm, Elias & Hjelm PC. liability lawsuits, in state and tion and insurance defense. The new address is 1840 East 15th federal courts and in arbitration Street, Tulsa, 74104. They may be and mediation proceedings. Mr. reached at 918-599-9090. Holland received his J.D. from the OU College of Law in 2013.

62 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL KUDOS

Sanford “Sandy” Coats has joined Juley Roffers was inducted into the The OBA Estate Planning, the Boeing Co. as site director and Tulsa Hall of Fame. Tulsa Hall of Probate and Trust Section senior counsel for their Oklahoma Fame members are selected based honored 10 members of the City location. He is a former U.S. on their exemplary dedication to Adult Guardianship and attorney for the Western District of their professions, civic and philan- Conservatorship Handbook Oklahoma with experience in private thropic endeavors and their contri- Subcommittee with an Award of practice as well. He received his J.D. butions to the Tulsa community. Excellence. Members who were from the OU College of Law in 1998. honored are Hannah Lunsford, Judge John F. Fischer was elected Ann Butler, Leslie Sparks, Keith Barbara M. Moschovidis, J. to membership in the American A. Jones, Kathleen Wendlocher Wesley Pebsworth, Ryan A. Law Institute. The American Law Wallace, Sarah Murphy Pittman and James M. Scears have Institute is the leading indepen- Bondurant, Todd Alexander, been elected as shareholders at dent organization in the United A Daniel Woska, Shannon D. GableGotwals. Ms. Moschovidis States producing scholarly work to Taylor and James C. Milton. advises clients on a variety of liti- clarify, modernize and otherwise gation matters including complex improve the law. The OBA Family Law Section commercial disputes, oil and gas handed out four awards at Annual law, employment and insurance John C. Moricoli Jr. was awarded Meeting. Jerry Moore received the issues, tribal law and appellate the Eugene Kuntz Award by the Outstanding Family Law Attorney matters. Mr. Pebsworth advises cli- OU College of Law in recognition Award. Linda Pizzini received the ents in civil litigation areas includ- of his distinguished career in the Family Law GAL Award. Howard ing ERISA, FEGLIA, insurance law energy industry and his many Haralson received the Outstanding and a variety of business matters. contributions to oil and gas law. Family Law Mediator Award. Bary Mr. Pittman practices primarily in Hafar received the Outstanding the areas of construction, real estate Judge Irma Newburn has been Family Law Judge Award. and oil and gas litigation includ- appointed to serve on the Trial ing oilfield accidents, lease and Division of the Court on the title disputes, royalty class actions, Judiciary as a replacement for property damage claims and Justice John Kane. Judge Newburn pipeline condemnations. Mr. Scears currently serves as a district judge advises businesses and individuals in Comanche County and will in income tax planning, tax struc- continue in this role in addition turing of business transactions, to her new appointment. transfer tax planning and other federal, state and local tax issues. AT THE PODIUM

D. Faith Orlowski made two pre- Warren E. Mouledoux III pre- sentations at the annual Institute of sented on the topic of medical the National Association of Division marijuana licenses affecting Order Analysts in Fort Worth, Texas. employment practices at the Ms. Orlowski’s presentations were Metropolitan Healthcare Annual titled “What You Didn’t Think About Meeting on Oct. 18 in Norman. When You Reviewed that Oil and Gas Title Opinion” and “Oklahoma Transfer on Death Deeds.”

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 63 In Memoriam

et. Judge John M. Amick of illiam H. “Bill” Castor of made to the Hugh Hood Memorial ROklahoma City died Oct. 9. He WEdmond died Sept. 25. Fund, c/o Bank of Oklahoma, P.O. was born Jan. 31, 1923, in Oklahoma He was born Aug. 8, 1943, in Box 1300, Tulsa, 74102. City. Judge Amick was a member Oklahoma City. Mr. Castor of ROTC during the bombing of received his J.D. from the OU onald R. Liles of Woodward Pearl Harbor and joined the Army College of Law in 1968. He prac- Ddied Aug. 29. He was born Reserve following the event. He ticed law in Vinita for most of his Nov. 6, 1937. Mr. Liles received his was placed on active duty on career, but also practiced in Pryor J.D. from the OU College of Law April 6, 1943, and remained abroad and Tulsa. He was appointed by in 1966 and moved to Las Vegas to with the military for over a year Oklahoma Supreme Court Justice practice law. In 1977, he returned to after the war’s end. Upon return- Robert E. Lavender as an asso- Oklahoma, acting as the city attor- ing to the United States, he entered ciate examiner for the Board of ney for Woodward and practicing law school at OU. After graduating, Bar Examiners and served in that privately. Memorial contributions Judge Amick served three terms as position from 1979 to 1990. may be made to the Plains Indians & county attorney for Grant County Pioneer Museum of Woodward before entering private practice in ugh Edwin Hood of Broken through Billings Funeral Home, Medford. In 1959, he was appointed HArrow died Oct. 16. He was 201 N. Main, Mooreland, 73852. as an assistant U.S. attorney for the born Feb. 14, 1965, in Tulsa. Mr. Western District of Oklahoma. After Hood was a graduate of Broken obert B. Milsten of Oklahoma some time as an assistant attorney Arrow High School and attended RCity died Oct. 6. He was in Oklahoma County, Judge Amick Oklahoma State University for born Nov. 6, 1932, in Tulsa. Mr. was appointed as a county judge in his undergraduate studies. He Milsten received his L.L.B. from 1968. He held that office until 1973, received his J.D. from the TU the OU College of Law in 1956 when he resigned from the bench to College of Law in 1992. His legal and served as treasurer of the Phi accept a faculty position at the OCU career included time as an attor- Delta Phi fraternity during the School of Law. Five years later, he ney for the Oklahoma Department 1955-56 school year. Mr. Milsten won the district judge position of Human Services, partner of the entered the U.S. Air Force where for the 7th District and remained in Street Law Firm and attorney for he served two years as a legal that position until his retirement the Oklahoma Indigent Defense officer at Tinker Air Force Base. in 1998. Memorial contributions System in southeastern Oklahoma. Upon release from active duty, Mr. may be made to the Regional Food Mr. Hood was a major advocate Milsten began working as a tax Bank of Oklahoma, Salvation of the OBA Lawyers Helping attorney for the regional office of Army or City Rescue Mission. Lawyers Assistance Program. the International Revenue Service Memorial contributions may be in Dallas, where he remained until

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

64 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL 1962 and handled civil, criminal tax and tax collection cases. In 1962, he began working in a firm in Oklahoma City, from which he retired 44 years later. Memorial donations may be made in his honor to Temple B’nai Israel, OKC Philharmonic, National Cowboy & Western Heritage Museum or Good Shepherd Hospice.

harles “Charlie” Pugsley of COklahoma City died Oct. 5. He was born June 7, 1924, in Oklahoma City. Mr. Pugsley attended OU for one year before leaving college to serve in the Navy Air Corps from 1943-1945. He returned to OU to continue his education and played both basket- ball and baseball as he had before his service. He was part of the OU Baseball National Championship team in 1951. Mr. Puglsey obtained his J.D. from the OU College of Law in 1951. He practiced law in Okmulgee and served in the District Attorney’s Office there until his return to Oklahoma City in 1971. Memorial contributions may be made to St. Luke’s United Methodist Church at 222 NW 15th Street, Oklahoma City, 73103, or to the OU baseball program at 190 W. Brooks, Norman, 73019.

aniel “Danny” Scroggins Dof Atoka died Oct. 9. He was born Dec. 29, 1946, in Atoka. He received his J.D. from the OU College of Law in 1982. He served as a member of the Army National Guard in the Vietnam War. Memorial contributions may be made to First Baptist Church Atoka Youth Fund or Harmony Baptist Church Youth Fund.

THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 65 2020 ISSUES JAUNARY AUGUST Meet Your Bar Children and the Law Association Editor: Luke Adams Editor: Carol Manning [email protected] Deadline: May 1, 2020 FEBRUARY Family Law SEPTEMBER Editor: Virginia Henson Bar Convention [email protected] Editor: Carol Manning Deadline: Oct. 1, 2019 OCTOBER MARCH Mental Health Constitutional Law Editor: C. Scott Jones Editors: C. Scott Jones & [email protected] Melissa DeLacerda Deadline: May 1, 2020 [email protected] Deadline: Oct. 1, 2019 NOVEMBER Alternative Dispute APRIL Resolution Law Day Editor: Aaron Bundy Editor: Carol Manning [email protected] Deadline: Aug. 1, 2020 MAY Gender in the Law DECEMBER Editor: Melissa DeLacerda Ethics & Professional [email protected] Responsibility Deadline: Jan. 1, 2020 Editor: Amanda Grant [email protected] Deadline: Aug. 1, 2020

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

66 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL

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Wrap Up 2019 Practical Christmas Pay dues, check your MCLE credits, Gifts for Lawyers renew committee membership, enroll in last-minute CLE and more! Struggling to find the perfect gift for the lawyer in your life? Bull Garlington, award-winning author, Ams.okbar.org columnist and public speaker, gives five practical gift ideas that many lawyers can use on a daily basis. tinyurl.com/lawyergiftideas

Reigning in Perfectionism Best Christmas Lights Many lawyers pride themselves on having in Oklahoma high standards, being detail oriented and committed to excellence. While these are great Some families snuggle up and watch Christmas traits to have, they also lead to lawyers striving for movies, some gather around the table for game night perfectionism, which can be extremely unhealthy. and some pile in the car to go look at Christmas lights. Here are several strategies to help you reign in If your family is the latter, check out these perfectionism and live a healthier, happier life. 16 Christmas light displays in Oklahoma that will make your night merry and bright. tinyurl.com/reigninperfection tinyurl.com/okchristmaslights

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THE OKLAHOMA BAR JOURNAL DECEMBER 2019 | 71 The Back Page

Boston Avenue in Tulsa. Photographer: Lynn R. Anderson, who practices in Tulsa.

72 | DECEMBER 2019 THE OKLAHOMA BAR JOURNAL