Volume 78 ◆ No. 21 ◆ August 4, 2007 ALSO INSIDE •Bar Center Building Renovations Begin •Recent Events Photo Highlights Calendar of Events OBA CLE Seminars AUG. 31 – TULSA SEPT. 26 – OKC Appellate Practice: Things You Always The New Lawyer Experience: Hit the Wanted to Know But Were Afraid to Ask Ground Running Co-sponsored with the OBA Management 6 hrs. of MCLE credit, including 1 hr. of Assistance Program; This course is not ethics; Crowne Plaza Hotel, 100 E. 2nd St. eligible for mandatory CLE credit. This is SEPT. 6 – TULSA an informational course.; Oklahoma Bar Center, 1901 N. Lincoln Blvd. How to Find the Courthouse: A Framework for Young Lawyers SEPT. 27 – OKC Co-sponsored with the OBA Young Law- yers Division; 6 hrs. of MCLE credit, Powerhouse Communication Tools for including 1 hr. of ethics; Crowne Plaza Today’s Women Lawyers: The 2007 Women in Law Conference Hotel, 100 E. 2nd St. Co-sponsored with the OBA Women in Law Committee; 6 hrs. of MCLE credit, SEPT. 7 – OKC including .5 hrs. of ethics; The Skirvin How to Find the Courthouse: A Hotel, One Park Ave. Framework for Young Lawyers Co-sponsored with the OBA Young Law- SEPT. 27 – OKC yers Division; 6 hrs. of MCLE credit, The Women Lawyers Club including 1 hr. of ethics; Oklahoma Bar Co-sponsored with the OBA Women in Center, 1901 N. Lincoln Blvd. Law Commitee, the OBA Litigation Section and Periaktos Productions; 3 hrs. SEPT. 14 – TULSA of MCLE credit, including 0 hrs. of ethics; The Skirvin Hotel, One Park Ave. Back to Basics - Updated Family Law from A - Z SEPT. 28 – TULSA Co-sponsored with the OBA Family Law Section; 6 hrs. of MCLE credit, including The New Lawyer Experience: Hit the 2 hrs. of ethics; Crowne Plaza Hotel, 100 E. Ground Running Co-sponsored with the OBA Management 2nd St. Assistance Program; This course is not SEPT. 21 – OKC eligible for mandatory CLE credit. This is an informational course.; Crowne Plaza Back to Basics - Updated Family Law Hotel, 100 E. 2nd St. from A - Z Co-sponsored with the OBA Family Law Section; 6 hrs. of MCLE credit, including 2 hrs. of ethics; Oklahoma Bar Center, Check registration 1901 N. Lincoln Blvd. times at SEPT. 21 – TULSA www.okbar.org The Trial of an Employment Case 6 hrs. of MCLE credit, including 0 hrs. of You may register ethics; Crowne Plaza Hotel, 100 E. 2nd St. online at www.okbar.org or call 405.416.7006 August & September Vol. 78 — No. 21 — 8/4/2007 The Oklahoma Bar Journal 1913 1914 The Oklahoma Bar Journal Vol. 78 — No. 21 — 8/4/2007 DEPARTMENTS THEME: 1916 From the President HEALTH LAW 1977 From the Executive Director Editor: Martha Rupp Carter 1979 Law Practice Tips 1982 Ethics/Professional Responsibility 1984 OBA Board of Governors Actions 1987 Oklahoma Bar Foundation News contents 1990 Access to Justice August 4, 2007 • Vol. 78 • No. 21 1992 Young Lawyers Division 1995 Calendar 1997 For Your Information 2001 Bench and Bar Briefs 2006 In Memoriam 1978 Editorial Calendar 2016 The Back Page pg. 1971 Award nominations pg. 1919 PLUS 1970 Bar Center Building FEATURES Renovations Begin 1919 Walking Your Client through 1971 OBA Award Nominations an Advance Directive for Due Aug. 13 Health Care 1972 Photo Highlights: 1925 The Hydration and Nutrition for Sovereignty Symposium XX Incompetent Patients Act 1974 Photo Highlights: Solo and 1931 The Paradox of ‘Emergency Small Firm Conference Preparedness’ 1975 Board of Governors 2008 1943 HIPAA Rules All Lawyers Vacancies Should Know 1951 Blanket Medical Releases and Client Privacy 1957 Stark for Beginners: An Introduction to the Federal pg. 1970 Physician Self-Referral Law Renovations Begin 1967 When Silence is Deadly Vol. 78 — No. 21 — 8/4/2007 The Oklahoma Bar Journal 1915 FROM THE PRESIDENT So Much to Do and So Little Time to Do It By Stephen Beam I don’t know about you, but to me the first based on what we are doing. Other half of this year has just flown by. Just because the professional groups have shown an Oklahoma Bar Journal hasn’t been published lately, doesn’t interest in our program, as well. I mean the Oklahoma Bar Association hasn’t been busy. I know our efforts in this area have want to let you know a few of the things that have been saved lives. going on these past few months, and a few things that will take place in the next few months. The American Bar Association is presenting us with an award for our I am excited to announce that Ben Stein will be coming outstanding Law School for Legisla- to the Annual Meeting in November. Mr. Stein tors program at the ABA will be our featured speaker at the annual Annual Meeting in San luncheon on Nov. 8. The plenary session on Francisco in August. Thursday morning is called “Wrongful Con- victions: Isolated Events or System Failures?” The Board of Gover- Tulsa attorney Alan Smallwood will moderate The OBA nors will receive reports a panel discussion featuring Innocence Project from the Advertising Policy Director Stephen Saloom, Mark Barrett, has been Task Force headed by Oklahoma County District Attorney David very busy Jack Dawson, Mentor- Prater, Dennis Fritz and Christy Shepherd. ing Task Force led by Melissa DeLacerda, Myra Kaufman and Debra indeed. John Parsley, Commu- Charles have worked tirelessly this entire year nications Task Force of to make this meeting a success. I think you Melissa DeLacerda and will be pleased by the new additions to the the State Legal Refer- Annual Meeting format. ral Service Task Force chaired by Ditmar Cau- The 10th Annual Solo and Small Firm Conference dle at the August meeting. You will in June was a huge success. Roger Reneau and Chris Hen- learn more about the reports of those thorn head the committee that puts on this conference and task forces and their recommenda- deserve a great deal of the credit. The conference featured tions over the next few months. law office management guru Jay Foonberg. He is one of the best speakers we have ever had at the conference. About The Young Lawyers Division pro- 200 lawyers and 400 people total, including families, gram, Wills for Heroes, has gotten attended this conference. These attendance figures set off the ground in a big way. I want new records. to thank Gable Gotwals for donat- ing laptops and printers for use in Linda Thomas and the Leadership Conference this important project. Training ses- Task Force have almost completed planning for this sions are underway, and the first will August event. We received more than 250 nominees signing has taken place at the Yukon for the conference, and we identified 55 new leaders Fire Department. The goal of this who will receive leadership training. Featured speak- program is to provide wills free of ers are Mike Turpin and Lt. Gov. Jari Askins. This charge for all law enforcement per- should be a wonderful event and infuse the OBA sonnel and firefighters. with new leadership talent for years to come. As you can see, the OBA has been My January President’s Message focused on the very busy indeed. There are more mental health issues we are having. I am pleased to surprises in store for the rest of this announce the program started by the OBA received year. Please make plans to attend the President Beam the 2007 Mental Health Innovation Award from The OBA Annual Meeting in Oklahoma practices in Mental Health Association of Central Oklahoma as the City on Nov. 7 – 9. I promise you Weatherford. outstanding program of its kind. The South Carolina it will be the best Annual Meeting [email protected] Bar Association has implemented a similar program ever. (580) 772-2900 1916 The Oklahoma Bar Journal Vol. 78 — No. 21 — 8/4/2007 OFFICERS & BOARD OF GOVERNORS Stephen D. Beam, President, Weatherford AUGUST J. William Conger, President-Elect, Oklahoma City Jack S. Dawson, Vice President, Oklahoma City 8 State Legal Referral Service Task Force Meeting; 1 p.m.; Oklahoma William R. Grimm, Immediate Past President, Tulsa Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Julie E. Bates, Oklahoma City Dietmar K. Caudle, Lawton Dietmar Caudle (580) 248-0202 Cathy M. Christensen, Oklahoma City 10 OBA Family Law Section Meeting; 3 p.m.; Oklahoma Bar Center, Donna L. Dirickson, Weatherford Oklahoma City and OSU Tulsa; Contact: Donelle Ratheal (405) 842-6342 Robert S. Farris, Tulsa Brian T. Hermanson, Ponca City 15 OBA Women in Law Committee Meeting; 12 p.m.; Oklahoma Bar Michael W. Hogan, McAlester Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Elizabeth R. Victor Kennemer III, Wewoka Joyner (918) 573-1143 Deborah A. Reheard, Eufaula Robert B. Sartin, Tulsa 16 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar Alan Souter, Bristow Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack Peggy Stockwell, Norman Brown (918) 581-8211 Christopher L. Camp, Tulsa, Chairperson, OBA Work/Life Balance Committee Meeting; 12 p.m.; Oklahoma Bar OBA/Young Lawyers Division Center, Oklahoma City; Contact: Melanie Jester (405) 609-5280 BAR CENTER STAFF OBA Government and Administrative Law Section Meeting; John Morris Williams, Executive Director; Dan Murdock, General Counsel; Donita Bourns 1:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Kevin Nelson Douglas, Director of Educational Programs; (405) 620-0547 Carol A. Manning, Director of Public Information; 22 OBA Diversity Committee Meeting; 3 p.m.; Oklahoma Bar Center, Craig D. Combs, Director of Administration; Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Linda Gina L.