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ALSO INSIDE: New Lawyers Admitted to the OBA • Legislative Report OBA & Diversity Awards •Sovereignty Symposium Volume 90 — No. 5 — May 2019 Technology contents May 2019 • Vol. 90 • No. 5 THEME: TECHNOLOGY Editor: C. Scott Jones FEATURES PLUS 6 Text Messaging for Lawyers 34 OBA Awards Nominations BY JIM CALLOWAY BY KARA I. SMITH 10 Is Virtual Reality the Future 38 Diversity Awards: Nominations Due July 31 of Courtrooms? 40 Law Day Thank You BY RON VAUGHN 41 Sovereignty Symposium XXXII 14 The Ethics of Using Cloud-Based Services and Products 46 New Attorneys Admitted to the OBA BY DARLA JACKSON AND KENTON BRICE 48 Legislative Monitoring Update 22 When Elephants Collide: Maintaining BY ANGELA AILLES BAHM Technological Competence vs. Complying With Discovery Rules BY ALLIE AH LOY AND MBILIKE MWAFULIRWA 28 Do Attorneys Dream of Electronic Wills? BY MARTIN POSTIC JR. AND DAVID M. POSTIC DEPARTMENTS 4 From the President 50 From the Executive Director PAGES 34 AND 38 - OBA & Diversity Awards 54 Law Practice Tips 58 Board of Governors Actions 60 Oklahoma Bar Foundation News 63 Young Lawyers Division 64 For Your Information 67 Bench and Bar Briefs 70 In Memoriam 73 Editorial Calendar 74 What’s Online 80 The Back Page PAGE 41 – Sovereignty Symposium XXXII FROM THE PRESIDENT Living a ‘Four Square’ Life By Charles W. Chesnut HEN I WAS GROWING UP in Miami, there was It’s easy to let the demand of the practice Wa businessman who enjoyed giving away books. of law crowd out a healthy balance of One day he invited me to his office. When I arrived, he living; and yet our lives are infinitely better gave me a book by a man named William Danforth, the when we allow ourselves time for fresh air founder of Ralston and sunlight, physi- Purina. The name cal exercise, intel- of the book I lectual stimulation, remember was It’s easy to let the demand of the social time with I Dare You. friends and atten- That company’s practice of law crowd out a healthy tion to the spiritual checkerboard logo side of our lives. we know today balance of living; and yet our lives are It’s a goal of actually relates many to be suc- to the principles infinitely better when we allow ourselves cessful in our lives. of this book that The definition of espoused his per- time for fresh air and sunlight, physical success is going to sonal philosophy, be different for each the “four square” person. For me, one life. He believed exercise, intellectual stimulation, social of my goals was to that each person have a successful, has not one but time with friends and attention to the busy law practice. four lives to live: Unfortunately, at physical, mental, spiritual side of our lives. times I was so busy social and spiri- and so “successful” tual. “The ingredients for life are a body, a brain, a heart that my life got off course. As a result, I and a soul,” Danforth would say. “All four must grow became extremely stressed and very unhappy. in balance with each other.” It required some major work within I think we can all look back at our me to get back to a “four square” life. I lives and see where certain events think my story is legion. have had a lasting impact. That book Attorney wellness is really just individual had a lasting impact on me. wellness. It is an active process of becoming We live in a time where there is aware and making choices toward a healthy much discussion about “wellness,” and fulfilling life. It is a dynamic process especially in the legal profession. It’s that embraces change and growth. a topic of conversation because we, The Oklahoma Bar Association is as attorneys, are a profession where working on programming that promotes chronic stress exists which often wellness in the practice of law. It would results in high rates of depression be nice to shift our culture toward one and substance abuse. that makes well-being in all its aspects a That certainly impacts our abil- priority among practitioners. President Chesnut practices in Miami. ity to practice law and affects our We’d love to have your input and your [email protected] 918-542-1845 competence. participation. Contact me if you’d like to be a part of this. 4 | MAY 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. 5 — May 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 CLAYTON BAKER, Vinita by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. AARON BUNDY, Tulsa 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; Joe LACEY PLAUDIS Balkenbush, Ethics Counsel; Jim Calloway, Communications Specialist VIRGINIA D. HENSON, Norman Director of Management Assistance Program; [email protected] Craig D. Combs, Director of Administration; C. SCOTT JONES, Oklahoma City LAURA STONE Susan Damron, Director of Educational Communications Specialist SHANNON L. PRESCOTT, Okmulgee Programs; Beverly Petry Lewis, Administrator [email protected] MCLE Commission; Carol A. Manning, LESLIE TAYLOR, Ada Director 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, Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, Suzi LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Hendrix, Debra Jenkins, Rhonda Langley, President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Jamie Lane, Durrel Lattimore, Renee President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Montgomery, Whitney Mosby, Lacey Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Plaudis, Tracy Sanders, Mackenzie Scheer, Ponca City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Mark Schneidewent, Laura Stone, Margaret Norman; DAVID T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Travis, Krystal Willis, Laura Willis & 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 MAY 2019 | 5 TECHNOLOGY Text Messaging for Lawyers By Jim Calloway EXT MESSAGING (OR TEXTING) is one of the technology advances that has impacted Thow most people interact with each other. Like many consumer technology tools, texting can be a time waster, but sometimes it is the absolute perfect tool. When you’re running late for a social meeting, a quick text of “OTW” or “B there in 5 min” relieves stress for both parties. My personal opinion on text a really nice texting tool or two), n That’s too complicated to messaging for lawyers has evolved we should appreciate that text discuss via text message. over the years from “Avoid it. Too messaging is a very limited com- Call my office to schedule hard to document. Who knows munications method. It works an appointment. about security?” to “Well, everyone great for letting someone know n That’s an important strategic is doing it, so you have to manage you’re running five minutes late decision. We need to discuss it somehow” to “Emerging texting for your luncheon meeting or in person. tools make this a much better com- passing on a quick congratula- munication tool.” tions or kudos to someone. The above examples may sound Like so many technology-based Think of the most distracted like you are putting off your client, tools, today’s lawyer has to deal time you have ever received a text and while that is true to some with text messaging. So, let’s dis- message. By now most of us have extent, it provides the immedi- cuss how lawyers and law firms received a text message, quickly ate responsiveness many clients can deal with texting.
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