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Law Practice Starting A 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.
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