Professionalism
2020 - 2021 TCBA CONTACTS, COMMITTEE & SECTION CHAIRS
www.tulsabar.com
PHONE: 918-584-5243 FAX: 918-592-0208 1446 South Boston, Tulsa, OK 74119-3612 Executive Director Tami Williams tamiw@tulsabar.com Ext. 1002
Front Desk Coordinator General Inquiries Mallory Sanstra
frontdesk@tulsabar.com Ext. 1000
Membership Director Accounting CLE, Sections & Committees accounting@tulsabar.com Lisa Laughrey Ext. 1001 Lawyer Referral & Community Resource Navigator Jeril Haug jerilh@tulsabar.com Ext. 1003
Tulsa Lawyer Editor - Michael Taubman michael@tulsafirm.com Associate Editor - Milly Dunlap Tulsa Lawyer Submissions - tulsabarnews@yahoo.com
TCBA OFFICERS
President................................................................ Kimberly Moore Past President......................................................... Jim Milton President-Elect............................................................ Kara Vincent Vice President.......................................................... Philip D. Hixon Secretary..................................................................... Natalie Sears Treasurer................................................................. Mike Esmond Budget/Internal Operations........................................ Lisa Creveling Foundation President ...........................................Christina Vaughn Director at Large (1) Large Firm................................. Philip Hixon Director at Large (2) Large Firm.......................... C. Austin Birney Director at Large (1) Medium Firm................................ Kara Pratt Director at Large (2) Medium Firm.................. Jennifer L. Struble Director at Large (1) Small Firm...........................Tamera Childers Director at Large (2) Small Firm...........................Linda Morrissey Director at Large (2) Public Sector.........................Hon. Ann Keele ABA Delegate............................................................. Molly Aspan OBA Delegate................................................................Rick White Library Trustee (1)......................................................... Julie Evans Library Trustee (2)............................................ Trisha Archer Presiding Judge ..................................... Judge William LaFortune U.S. District Court .................................. Hon. John Dowdell C.J., Tulsa Municipal Court............................. Hon. Gerald Hofmeister TU Law School.......................................................... Rachel Baker
FOUNDATION APPOINTMENTS
Law Day ......................................................................Lizzie Riter Community Outreach................................................ Ashley Webb Golf Chair.......................................Trisha Archer & Brian Keester Scholarship Chair.....................................................................TBD Submission, Grapevine & AdvertisingVisit www.tulsabar.com Subscriptions to Tulsa Lawyer are available for $40.00 a year to those who are not Tulsa County Bar Association members or others who do not currently receive the publication. Contact Lisa Laughrey at llaughrey@tulsabar.com
FOUNDATION
President...........................................................Christina M.Vaughn Treasurer..................................................................... Philip Hixon Trustee....................................................................... Chad McLain Trustee.......................................................................... Jim Gotwals Trustee.................................................... Hon. Martha Rupp Carter Trustee....................................................................... Ken Williams Trustee...........................................................................Lizzie Riter Trustee........................................................... Hon. Ann Keele Trustee..........................................................................Justin Munn TCBA President.....................................................Kimberly Moore TCBA Pres. Elect........................................................Kara Vincent
COMMITTEE CHAIRPERSONS
Access to Justice.............................................. ......Shena Burgess Access to Justice Co-Chair...............................Hon. Tanya Wilson Animal Law..................................................... ..........Katy Inhofe Bench & Bar.................................................... Kevinn Matthews Children & the Law......................................... ........Lizzie Riter Children & the Law Vice Chair..........Timothy Michaels-Johnson CLE ................................................................. .........James Asbill Diversity Development......................................................Ben Fu Diversity Co-chair...................................................Deborah Reed Fee Arbitration................................................. ..........Gary Crews Law Related Education...................................Stephanie Jackson Law Related Education Co-Chair.................... ........Ron Jones , II Lawyer Referral............................................... Catherine Hoopert Membership Services....................................................Kara Pratt Mentoring......................................................... ............................ Mentoring Co-chair.......................................... ........Randy Lewin Military/Veterans ............................................ ...Mitchell Garrett Military/Veterabs Co-Chair.............................. Hon. David Guten Nominations & Awards.................................... ...........Jim Milton Pro Bono............................................................... Mac Finlayson Professionalism................................................ ...........Rick White Public Relations....................................................Steve Layman Social Media.........................................................Collaborative Special Events.................................................. .......Natalie Sears Tulsa Lawyer.................................................... Michael Taubman Young Lawyers Division................................. ....Ephraim Alajaji
SECTION CHAIRPERSONS
ADR/Mediation..........................................................Melissa Fell Bankruptcy....................................................... ........Paul Thomas Business/Corporate.......................................... .............................. Criminal Law................................................... ........Daniel Levy Employment Law............................................. ...Kassidy Quinten Energy & Mineral Law.................................... .......Ryan Pittman Family Law...................................................... ...Todd Alexander Health Law . .................................................... ..... Kristen Evans Health Law Vice Chair..................................... Whitney Dockrey Immigration Law Chair.................................... ....Whitney Webb Juvenile Law.................................................... ..........Lizzie Riter Juvenile Law Co-Chair.......................Timothy Michaels-Johnson Litigation Co-Chairs...............Robert Mitchener & Robert Winter Municipal Law................................................David Weatherford Paralegals/Legal Assistants.............................. .........Gloria Jones Paralegal /Legal Assistants Vice Chair............ Deborah Gresh Probate/Estate/Elder......................................... ...Catherine Welsh Solo/Small Firm............................................... .....................TBD Tax ......................................................... .....Ashlee Crouch Technology ...................................................Pansy Moore-Shrier Workers Comp................................................. ............................ * Section Chairs will be updated as positions are filled.
Tulsa Lawyer is a monthly publication of the TCBA. The TCBA does not necessarily share or endorse the opinions expressed in the materials published. The views are those of thoughtful contributors. Similarly, advertising does not imply endorsement by the TCBA of products or services or any statements concerning them.
A Message from the President
Kimberly K. Moore 2020-2021 TCBA President
Pg. 12
Pg. 2
Mandatory Arbitration After Epic: A Quick Guide For Employers
By Ashlyn Smith and Ellen Adams
Pg. 16
Legal Education in a Time of Corona Tamara R. Piety Professor of Law, University of Tulsa College of Law
TULSA LAWYER
In this Issue
January 2021
2
Holiday Mindfulness
4
Combatting Homelessness and the Eviction Crisis Mac Finlayson
6
VocalMeet On-Demand CLE for YOU!
7
TCBA Bar Center Remodel is Underway
8
VP's Corner - Home Sweet Home Philip Hixon
10 Thanks for Stepping UP! 11 Gingerbread House Fun 19 Golf! Get set for the 2021 TCBF Annual Charity Golf Tourney 20 When you can’t travel, your taste buds can! Restaurant Review – Saffron Mediterranean Cuisine By Michael P. Taubman
21 TCBA Virtual Board Party! February 11th The Art of Cheeseboards - Make it Date 22 In Memory of D. Faith Orlowski-McMahan 25
Law Day Book Club Announced! Going Virtual!
Judge Martha Rupp Carter
26 Ponderings by Lulu 28 Lawyers Fighting Hunger -Providing Amid Covid-19 Restrictions 30 In Memory of... 31 Grapevine 32 Classifieds
Tulsa Lawyer 1
A Message from the President Kimberly K. Moore What is Professionalism? Happy New Year to everyone! I hope everyone ABA, professionalism means to deliver outstanding had a safe and joyous holiday. My boys and I rang service while helping your clients meet their goals. A in 2021 with great hopes for a far better year. We ate professional thinks through the issue and obstacles, our black-eyed peas, walked out the back door and in applies the law and then devises a plan. A professional through the front door and lit a candle. advises their client, in a way they can understand, of all the options allowing their client to make the best Thank you to all who participated and made our decision to go forward. A professional does not settle 2020 Holiday Challenge benefiting Family & Children for half-efforts; a professional strives for more. Also, Services a success. It was a rewarding endeavor to Professionalism refers to your appearance, albeit help meet the needs of so many Tulsa area families. superficial as it sounds, behavior and temperament. My youngest, Zachary, brought me his toys asking if How we present ourselves and conduct ourselves in he could give them to the children. My heart was so front of clients and colleagues is equally important. joyful at that moment knowing of his generosity and kind spirit. I hugged him and explained why we needed As a legal professional, every aspect of your to buy new toys for the children on our list. Thank work is governed by the Rules of Professional Conduct, you to Delasandro’s Italian Restaurant for another including subordinating your personal desires and year of generosity, and to Ashley Webb and the TCBF goals to achieve the goals of your clients. In other Community Outreach Committee for coordinating the words, you step into the shoes of your client and you event. Great food and great giving! succeed when your client succeeds. Not only should you practice this level of professionalism in the office This issue of Tulsa Lawyer focuses on but you should carry it forward to your personal life. professionalism. What exactly is that and what does As a practicing attorney, how you act in your personal it mean within the legal community? According to the life also reflects on the profession, your firm, and your colleagues. We should be exemplary leaders to the new generation of legal professionals and to the legal community. Have a wonderful start to 2021.
Kimberly K. Moore TCBA President, 2020-2021
Now Yoga & Meditaion Available!
Tulsa County Bar Center new temporary location while the Bar Center remodel is underway.
1601 S. Main Suite #300 Tulsa, OK 74119 The Bar Center is closed during renovations. The staff is available to members via phone or email during business hours of Monday - Friday, 9am-5pm
918-584-5243
Combatting Homelessness and the Eviction Crisis Homelessness and evictions, now exacerbated by the SARS CoV-2 pandemic, are national problems needing the pro bono help of all of us. The TCBA Pro Bono Committee has historically and consistently addressed evictions in Tulsa County, the 10th largest in the country. In cooperation with the ABA’s initiative described in the following letter from ABA President Patricia Lee Refo, the Pro Bono Committee continues to appear, but needs your help. A significant increase in eviction filings is expected in the first quarter of 2021. For many, this will result in homelessness. Please volunteer one afternoon per month, or as much as you are able. You will be better for it. Mac Finlayson TCBA Pro Bono Committee Chair October 28, 2020 RE: The Eviction Crisis and the American Bar Association COVID-19 Pro Bono Network Dear Bar Leader: The COVID-19 pandemic and the current recession have created novel legal problems and exacerbated others for millions of low-income Americans. As a result, our country is facing unprecedented needs for pro bono services. One of the most immediate needs is the growing eviction crisis, which has the potential to force 30 to 40 million people (29-43 percent of renter households) from their homes. In the majority of states, state-level eviction moratoriums have lapsed, and many tenants have faced obstacles in exercising their rights under the Centers for Disease Control’s federal eviction moratorium. Consequently, evictions are expected to far exceed historic levels in the coming months. Without adequate rental assistance to meet the need and without legal counsel, most of these cases will result in eviction and lasting harm to children and adults. 4 Tulsa Lawyer
The legal profession can help limit the number of evictions by providing pro bono legal representation to tenants. Currently, over 90 percent of tenants facing eviction are unrepresented and, as a result, the vast majority lose their cases. Tenants who have counsel experience much better outcomes. For example, providing legal representation to tenants was associated with a staggering 77 percent decrease in warrants for eviction in New York City and a 77 percent decrease in judgments for eviction in Massachusetts. Most recently, we have seen an emerging need for representation to ensure that eligible tenants receive the protections to which they are the Centers for Disease Control’s eviction moratorium. In jurisdictions that do not seal eviction records, the mere fact of an eviction filing negatively affects credit scores and a renter’s ability to secure safe and decent housing thereafter. Attorneys may be able to keep eviction filings off tenants’ records, arrange for alternative housing, negotiate reasonable amounts of time for tenants to move out, reduce or eliminate money owed to the landlord, or help tenants apply for rental assistance.
The American Bar Association asks that you, as a bar leader, mobilize the lawyers of your bar to assist in eviction-related pro bono efforts. Pro bono attorneys are needed to provide brief advice and limited- and full-representation in eviction cases. Pro bono attorneys can also help ensure equitable outcomes for tenants in alternative dispute resolution, diversion programs, and settlements. As the leader of the legal profession in your locality, you are likely familiar with the legal services providers in your area that may be in need of volunteers. To access a list of providers, visit https://www.probono.net/oppsguide.
replication of pro bono models, promote best practices, and identify strategies to overcome common obstacles. Because we anticipate additional areas of unmet civil legal need that require pro bono assistance, this will also lay the foundation for the coordination of pro bono efforts in other subject areas.
To join the network and to confirm your commitment to mobilizing the pro bono bar to tackle the COVID-19 eviction crisis, please complete the form found at https://americanbar.qualtrics.com/jfe/form/ SV_5dr2CbAqW4rBWiF. We are eager to include every state and local bar in this extraordinary effort. If you I ask that you consider making eviction representation have any question or suggestions, please contact Cheryl a priority in your bar’s pro bono activities training pro Zalenski at Cheryl.Zalenski@americanbar.org. bono lawyers in your bar to provide legal representation to tenants in eviction cases. The legal services I have been inspired by the outpouring of voluntarism providers in your area may be able to contribute legal across our profession in responding to the devastating expertise to the development of pro bono trainings, as consequences of the pandemic. The ABA is honored to work hand-in-hand with bar leaders throughout the well as sample pleadings and other resources. country to advance access to justice and to support the millions of families currently at risk of eviction. I look To support your pro bono efforts, the ABA is forming the COVID-19 Pro Bono Bar Network, a peer- forward to welcoming you and your colleagues to the learning network, which will focus initially on the ABA’s COVID-19 Pro Bono Bar Network. eviction crisis. The network will support the launch and
Sincerely, Patricia Lee Refo ABA President www.americanbar.org
Lawyers Across Tulsa Service Opportunity
Saturday, February 20, 2021 At the Community Food Bank of Eastern Oklahoma 1304 N Kenosha Ave Two Shifts Available: 9a-12p & 1-3p Limited to 12 volunteers per shift and masks required.
Registration link will be emaild soon.
Be on the lookout!
Tu l s a C o u n t y B a r A s s o c i a t i o n
VocalMeet
TCBA's On-Demand CLE Platform!
www.tcba.vocalmeet.com
30 Hours of Available On-Demand CLE Recordings! Topics Available for On-Demand Viewing • • • • • • • • • • • • • • • • • • • • • • • • •
A New Take on Trial Skills Employment Law Hot Topics Lawyers Helping Lawyers Ethics Update Guardian Hot Topics and Issues Improving Your Odds in Mediation Medical Marijuana Employment Issues Implementing an Online Marketing Strategy Employment Law Update: Important Developments in Federal and State Law Zoom & BlueJeans for Legal Professionals Delivering Limited Scope Legal Services Safely & Effectively Basic Probate and Estate Administration The Changing World of Evictions 2020 Fair Housing and Ethical Considerations During the COVID-19 Pandemic Women In Law Bankruptcy Law Update Financial Exploitation: Overcoming Barriers to Recovery and Prosecution Family Law State Criminal Jurisdiction: How McGirt v. Oklahoma Should Affect Your State Criminal Practice Serving on Non-Profit Boards & Ethical Considerations for Lawyers The Current State of Medical Marijuana in Oklahoma Handling Personal Injury Cases from the Defense Perspective Trial Skills: A Cross Examination Clinic Interested in watching the Uninsured Motorists Coverage day long topics Expungements in Oklahoma
There is still time to finish your CLE! Need to take care of CLE at midnight? VocalMeet and TCBA can help!
such as Immigration, Family Law, Criminal Law, Juvenile Law and Estate Planning? Email LisaL@tulsabar.com for more info.
The Bar Center Remodel is Underway! We will post before, during and after photos as progress happens. The TCBA is excited for this next chapter and to welcome you back to a fresh new Bar Center for you!
Above : Before photos and after clearing out all the offices.
Below: Remodel in progress! Upstairs, downstairs, the staircase and kitchen areas shown.
Stay tuned!
VP'S CORNER
Philip Hixon, TCBA Vice President
HOME SWEET HOME At the time this article was submitted for publication, I had—besides discovering I missed my submission deadline by two days—begun the fourth week under my firm’s mandatory work-from-home protocol implemented the week prior to Thanksgiving. The change in locale has had some benefits. For example, while my wife is at work and my son is in inperson school, I have been at liberty to try a couple of local eateries, affectionately known in my household as “grocery store tacos” and “garden shed BBQ,” where they have steadfastly refused to cross the threshold. Their loss.
Creel; and children’s author, Helen Rushmore. There’s more. The top of the bookcases is home to various falderal, including some vintage political memorabilia, assorted small statuary, keepsakes from my grandparents’ home, a baby blue transistor radio from TG&Y, and a promotional popcorn box autographed by members of the Flaming Lips. Surrounding the books are thirty-two, Oklahoma-themed wall hangings of various shapes and sizes, including a map from 1930 (according to font size, Owasso’s population was comparable to Boise City), a Tulsa World/Tulsa Tribune newspaper box, a generous selection of vintage and modern Will Rogers pieces, and a couple of hunting horns carved by my paternal grandfather from a luckless goat. What about the floors, you ask? More treasures: a firebox converted into a magazine rack, two retired chamber pots, a vintage shopping cart, four autographed sports balls, and a side-table fashioned from a 12-gallon crock and my maternal grandfather’s work shirt.
The change has also had drawbacks, primarily a dearth of social interaction and way too much time at home—even for a “hermit in training,” Stacie’s preferred appellation, like me. I have spent my work hours in our study a/k/a home library a/k/a man-nerd (or nerd-man) cave a/k/a that room at the front of the house with all Philip’s crap in it. The remote environment has not been conducive to stimulating article subject matter, so you can blame this one on the pandemic. (Here, I’ll All said and inventoried, although I would have invite you to skip to the last paragraph, if don’t desire preferred to be in the office, I am thankful that I have a a workplace tour.) stable home in which to work and live. Not everyone is Of course, the study has the basics: a desk, a so lucky, especially after the economic disruption in the comfortable chair, a laptop, a second screen, and a early days of the pandemic which continues to linger. printer. Then, there is the other stuff like the wall of As result of that disruption and expiration of temporary bookshelves, holding approximately 520 volumes, safeguards, the Association’s Pro Bono Committee is including autographed works by Dick Cheney; Henry expecting an exponential increase in evictions as we Bellmon; Ilya Shapiro of the Cato Institute (his book enter 2021. Accordingly, the Pro Bono is recruiting Supreme Disorder: Judicial Nominations and the volunteers to assist vulnerable renters who find Politics of America’s Highest Court is a must read for themselves on the FED docket. If you have the time or anyone interested in the confirmation process); Brian interest to assist, please contact Committee Chair, Mac Fitzpatrick of Vanderbilt University; Doris “Coke” Finlayson, or the Association’s staff. Meyer (Will Rogers’ niece); long-time OCU Law professor, former chief of staff for Gov. Boren, and More on this crisis is featured on page 5 of this issue, former clerk for Hon. Alfred P. Murrah, Von Russell in a letter from the ABA President. 12 Tulsa Lawyer 8 Tulsa Lawyer
Thanks for Stepping Up to the Holiday Challenge Thank you again to these individuals & firms for supporting this excellent cause! ADOPTING FAMILIES TCBA Rhodes, Hieronymus, Jones, Tucker & Gable McDaniel Acord & Lytle, PLLC Mike Ralston and Sharolyn Whiting-Ralston Robinett, Swartz & Aycock David and Jenny Keglovits Viridian Legal Services, PLLC Joe and Stephanie Callahan John and Kristen Brightmire Children and the Law/Juvenile Law Section Charney Brown PLLC GableGotwals
MONETARY DONATIONS Total $1070 Richard Noulles TCBA Paralegal Section Allison Gale
Mullican & Hart, P.C. Joe and Sara Bohannon Secrest Hill Butler & Secrest Legal Aid of Oklahoma – Tulsa Division Klenda Family Cullem Family Military Law Group Paul McGuire and Shena Burgess Stafford-Riter Family The Lawyers of Kendall Whitter TU Student Bar Association Franden | Farris | Quillin Goodnight + Roberts
Jones, Gotcher & Bogan, PC Dwight Smith Sheila Powers Gary C Clark Ken Underwood Ken Brune
*as of 12-11-20
TCBA's Juvenile Law/Children and the Law Committee fundraiser at Dalesandro's, held Nov. 19th raised $500 to be donated to the Family & Children's Services Holiday Challenge! Dalesandro's donated 20% of all proceeds of dinner and take out orders between 5-10pm on Nov. 19th. The Tulsa County Bar Association Outreach Committee will match that with another $500! Way to go TCBA members! Please support Dalesandro's as they supported us! Contact 918-582-1551 1742 S Boston Ave Tulsa, OK 74119 10 Tulsa Lawyer
Making Virtual Connections -
Gingerbread Houses with the TCBA & OKCOOKIEMOMSTER December 3rd kicked off the TCBA Holiday Season with a virtual member event. Members and families enjoyed an evening of decorating and fun. Gloria Jones (top row) and Hanna Scandy (bottom row) shared their creations with us! Thank you to everyone who has participated in our virtual events. If you have a suggestion for a virtual event contact Lisa Laughrey at lisal@ tulsabar.com And see page 21 for details on our next event on Thursday, Feb. 11th!
Tulsa Lawyer 11
Mandatory Arbitration After Epic: A Quick Guide For Employers By Ashlyn Smith and Ellen Adams
For employers, mandatory arbitration has emerged as a leading method to avoid the costs and risks associated with traditional litigation.1 After Epic Systems Corp. v. Lewis, that popularity will only grow. 2The Supreme Court in Epic sought to address an apparent conflict between the Federal Arbitration Act (“FAA”) and the National Labor Relations Act (“NLRA”).3 The case arose in part after a former employee filed a class action lawsuit against his former employer alleging, among other things, violations of the Fair Labor Standards Act.4 The employee and employer were parties to an arbitration agreement, under which claims of individual employees could not be consolidated.5 The employer moved to compel arbitration pursuant to the agreement.6 The employee argued the effect of the NLRA was to invalidate the agreement, whereas the employer argued the agreement was enforceable under the FAA.7 The stage was thus set. The FAA provides, in relevant part, that arbitration agreements “shall be valid, 1 See Alexander J.S. Colvin, The Growing Use of Mandatory
Arbitration, Economic Policy Institute (April 6, 2018), available at https://files.epi.org/pdf/144131.pdf. 2 See generally 138 S. Ct. 1612, 200 L. Ed. 2d 889 (2018).
irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”8 The NLRA provides, in relevant part, that “[e]mployees shall have the right to self-organization . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”9 The question, as the Court put it, was this: “[s]hould employers and employees be allowed to agree that any disputes between them will be resolved through one-on-one arbitration?”10 Writing for the majority, Justice Gorsuch answered that question in the affirmative.11 He explained, among other things, that neither the NLRA’s “catchall” term nor the FAA’s “saving clause” empowered the employee to bring the instant suit.12 Justice Gorsuch declined, as he put it, “to read into the NLRA a novel right to class action procedures.”13 He also discredited what he described as “efforts to conjure conflicts between the Arbitration Act and other federal statutes.”14 In other words, as between the FAA and the NLRA, there was simply no conflict of which to speak. 15 An agreement to one-on-one arbitration is, therefore, generally valid and enforceable.16 Enter the new and improved “class action waiver.” The Epic decision is a win for employers. That much was recognized by Justice Ginsburg, who authored
3 Id. at 619.
8 9 U.S.C. § 2.
4 Morris v. Ernst & Young LLP, No. CV C-12-04964 RMW, 2013
9 29 U.S.C. § 157.
834 F.3d 975 (9th Cir. 2016), rev'd sub nom. Epic Sys. Corp. v.
10 Epic Systems Corp., 138 S. Ct. at 1619.
894 F.3d 1093 (9th Cir. 2018), and aff'd, 894 F.3d 1093 (9th Cir.
11 Id.
cases, Lewis v. Epic Systems Corp., 823 F.3d 1147 (7th Cir. 2016)
12 Id. at 1622–28.
See Epic Systems Corp., 138 S. Ct. at 1619–20.
13 Id. at 1630.
5 Morris, 2013 WL 3460052, at *1.
14 Id. at 627.
6 Id.
15 Id.
7 Id. at *3.
16 Id. at 1632.
WL 3460052, at *1 (N.D. Cal. July 9, 2013), rev'd and vacated,
Lewis, 138 S. Ct. 1612, 200 L. Ed. 2d 889 (2018), and vacated, 2018). The Court in Epic consolidated Morris with two other
and Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015).
12 Tulsa Lawyer
a dissenting opinion.17 Commentators have reached the same conclusion.18 It should come as no surprise, therefore, that employers are seizing the opportunity to include class action waivers in their arbitration agreements.19 Of course, class action waivers are just one reason why employers may choose to include such agreements as a condition of employment. Arbitration is generally quicker and cheaper than trial.20 Unlike a jury, an arbitrator is in the profession of resolving disputes. This often results in better, more even-keeled adjudication of the facts.21 Moreover, arbitrators’ decisions, unlike most court orders, need not be published for public consumption.22 These benefits are partly rooted in the history of the FAA. Before 1925, courts routinely declined to compel arbitration.23 Ever crowded dockets, however, delayed the judicial resolution of disputes.24 This prompted the business community to secure a more 17 See id. at 1644 (Ginsburg, J., dissenting) (“Employers have availed themselves of the opportunity opened by court decisions expansively interpreting the Arbitration Act.”).
expeditious, economical means of resolving their disputes.25 The FAA was thus born.26 Nevertheless, even into the 1990’s, few employers opted for arbitration agreements as a condition of employment. 27 Since then, the Supreme Court has consistently upheld arbitration agreements in the employment context and elsewhere.28 This has fueled a slow but steady trend towards employer-mandated arbitration agreements.29 Class action waivers are, indeed, only the most recent employer-friendly development in this area of the law. On the other hand, arbitration has its downsides. For example, some have expressed concern that arbitrators are more likely to “split the baby” than deliver the tough, “right” decision.30 Moreover, the finality resulting from an arbitrator’s decision, though generally desirable for budgeting purposes, offers little protection from bad decisions by “rogue” arbitrators.31 In the employment context specifically, concern may arise about the enforceability of mandatory arbitration where an employee is at will.32 The good news is that these issues are largely mitigated through careful drafting of the underlying arbitration agreement. For example, parties can agree to select their arbitrator(s) from a
18 See, e.g., Erwin Chemerinsky, Chemerinsky: Arbitration
Agreements Ruling Is A Significant Loss For Workers (June 4, 2018) (describing Epic as “pro-business”), available at https://
www.abajournal.com/news/article/the_enforceability_of_arbitration_agreements/. 19 See Carlton Fields, 2019 Class Action Survey, available at https://classactionsurvey.com/wp-content/uploads/2019/04/2019_ Class_Action_Survey.pdf. 20 See Andrea Chandrasekher & David Horton, Arbitration Na-
25 Id. (Ginsburg, J., dissenting). 26 Id. at 1643 (Ginsburg, J., dissenting). 27 Id. at 1644 (Ginsburg, J., dissenting). 28 Id. (Ginsburg, J., dissenting).
tion: Data from Four Providers, 107 Cal. L.Rev. 1 (2019).
29 Id. (Ginsburg, J., dissenting).
21 See Barbara L. Johnson et al., Arbitrating Employment
30 See Barbara L. Johnson et al., Arbitrating Employment
Pre-Dispute Arbitration Program, SK013 ALI-ABA 829 (2004).
Pre-Dispute Arbitration Program, SK013 ALI-ABA 829 (2004).
Disputes: Avoiding 10 Mistakes In Preparing And Implementing A
Disputes: Avoiding 10 Mistakes In Preparing And Implementing A
22 See California Commerce Club, Inc., 369 NLRB No. 106
31 e Caroline Simson, Canadian Co. Can’t Nix ‘Rogue’ Arbi-
(June 19, 2020) (holding an employer lawfully included confiden-
trator’s $1.8M Award, Law360 (October 24, 2019), available at
tiality language in an arbitration agreement its employees were
https://www.law360.com/articles/1213085/canadian-co-can-t-nix-
required to sign as a condition of employment).
rogue-arbitrator-s-1-8m-award.
23 Epic Systems Corp., 138 S. Ct. at 1642 (Ginsburg, J., dis-
32 Courts have held, for example, that unilaterally including
senting).
mandatory arbitration in an employee handbook is insufficient to
24 Id. (Ginsburg, J., dissenting).
Inc., No. 02-5188, 2004 WL 187564 (6th Cir. Jan. 27, 2004).
bind the employee. See, e.g., Lee v. Red Lobster Inns of Am.,
Continued on next page...
specific pool of reputable, time-tested professionals.33 In certain cases, parties can agree to reserve the right to an appeal of the arbitrator’s decision if such a right is so desired. 34 An arbitration agreement can also be drafted to bind an at will employee if the agreement clearly expresses that the employee’s continued employment is conditioned on the employee’s agreement to arbitrate.35 These mitigation strategies highlight the importance of a well-drafted arbitration agreement. A poorly drafted agreement, by contrast, does little good for employers. That much is shown by the litany of cases which, notwithstanding the FAA, have allowed arbitrable employee claims to proceed towards judicial resolution for one reason or another.36 At times, these cases have turned on the most fundamental principles of contract law.37 At other times, they have turned on more nuanced rules applicable only to arbitration agreements in the employment context.38 Suffice it to say, if compelling arbitration is the goal, keeping up with the rules is key. That was true before Epic, and it remains true now. If Epic is any indication, failing to keep up with the rules will, at the very least, prevent employers from maximizing the benefits of mandatory arbitration. 33 See Ryan Boyle & Susan D. Lewin, ADR Does Not Mean
Splitting The Baby, Corp. Counsel Bus. J. (March, 2019), available here: https://go.adr.org/rs/294-SFS-516/images/AAA%202019%20 0304%20Boyle%20Lewin.pdf. 34 See, e.g., Cable Connection, Inc. v. DIRECTV, Inc., 44 Cal. 4th 1334, 1364, 190 P.3d 586, 606 (2008) (under California’s arbitra-
tion act, “parties may limit the arbitrator’s authority by providing for review of the merits in the arbitration agreement”). 35 See, e.g., Jones v. Tenet Health Network, Inc., No. Civ. A. 96-3107, 1997 WL 180384, at *3 (E.D. La. Apr. 7, 1997) (signing “Acknowledgment Form” referencing agreement to arbitrate as a condition of continued employment sufficient to bind employee). 36 See, e.g., Tracer Research Corp. v. Nat'l Envtl. Servs. Co., 42 F.3d 1292, 1295 (9th Cir. 1994) (a trade-secrets claim is not arbitrable under a contract providing for arbitration of disputes “arising out of this Agreement” where such arbitration provision did not also include “relating to” language). 37 See id. 38 See, e.g., Prime Healthcare, 368 N.L.R.B. No. 10 (2019) (arbitration agreement unlawfully restricted employee’s access to NLRB).
The Authors Ellen Adams is a shareholder in the Oklahoma City office of GableGotwals. Her practice primarily consists of defending corporate and individual clients in a wide variety of complex business litigation in state and federal courts, with an emphasis on employment law. In addition Ellen Adams to her litigation practice, Ellen counsels and advises clients on developing policies, procedures, and training; responding to complaints; handling investigations; and other employment matters. Ellen is often requested to speak on topics of concern in the areas of employment law and general civil litigation. Her recent speaking engagements include topics such as ADA compliance, sexual harassment, and medical marijuana in the workplace. Ellen has also presented at the EEOC TAP’s Conference on GINA (Genetic Information Nondiscrimination Act), Oklahoma Human Resources Conference and Expo, and the Equal Employment Opportunity Commission’s Oklahoma City Technical Assistance Seminar. In addition to participating in a variety of professional organizations, Ellen has also been involved in several community organizations over the years, including the Down Syndrome Association of Central Oklahoma (DSACO).
Ashlyn Smith is an associate in the Oklahoma City office of GableGotwals, where he previously worked as a Summer Associate. His experience includes assisting in the litigation of contract, tort, and statutory in state and federal Ashlyn Smith claims courts. Prior to joining the Firm, Ashlyn served as a legal intern for the U.S. Attorneys’ office in Jacksonville, Florida. He is also an Air Force veteran and a reservist in the Oklahoma Air National Guard. Ashlyn graduated from the University of Oklahoma College of Law, where he is listed on the Dean’s Honor Roll. While in law school, Ashlyn served on the Judicial Committee of the Oklahoma Law Review and earned numerous honors, including the American Jurisprudence Award in Oil and Gas Environmental Law and Advanced Persuasive Writing. Following graduation, Ashlyn scored in the top 3.5% on the Multistate Bar Exam. He received his B.A. in Political Science from the University of Florida. He also received an M.B.A. from Oklahoma City University while serving full-time in the Air Force.
Please Join Us!
BANKRUPTCY SECTION The TCBA Bankruptcy Section gathers bimonthly to hear poetry, enjoy a lunch meal (when Covid-19 restrictions allow), and discuss substantive bankruptcy issues and cases (in that order). Members are encouraged to engage both sides of their brains as we explore words and ideas that enrich our lives and practices. Our meeting schedule for the rest of the fiscal year is: 1/21, 3/18, 5/20, and 7/15 – from noon until 1:00 p.m. on the TCBA’s virtual meeting platform. Please join us, suggest to topic for discussion, and/or be a presenter yourself. We are better if you are involved. Also, please look for (and read) the Bankruptcy Section’s Poem of the Week – included in TCBA’s weekly e-mail blast. Bankruptcy Section Chair Paul Thomas (918) 581-6687 Paul.thomas2@usdoj.gov
ALL TCBA SECTION AND COMMITTEE CHAIRS ARE INVITED TO SHARE THEIR INFORMATION AND ACTIVITIES IN TULSA LAWYER! PLEASE EMAIL tulsabarnews@yahoo.com
Resource Page - Just click the link at the top of our
web page, www.tulsabar.com
- A quick resource with links to press releases and notices for Tulsa County Courts, OSCN, Northern District of Oklahoma, OBA, Dept. of Health, State & District Administrative Orders and more.
Legal Education in a Time of Corona Tamara R. Piety
Professor of Law, University of Tulsa College of Law Spring Break 2020 ended like none other of my teaching career. Although there were rumblings of the possibility that classes would have to go on-line before Spring Break started, it wasn’t until after it had already begun that it became clear to everyone that we would not be coming back to in-person teaching after the break. And so, seemingly overnight, all of us at the University of Tulsa (and legal education generally) shifted to teaching all our classes on-line. It was a jolt. Now it appears that it will be more than a year before I, and most of my colleagues, enter a classroom again to teach in-person.
turned every law school into an on-line law school, only a few accredited institutions had any sort of online program.1 But once the cascade of closures started, it was clear that all schools would need some sort of waiver. So far, the ABA’s official statement is that it is giving variances in response to the COVID emergency, but that there is no change in its requirement that most teaching be in-person.
Still, common sense suggests that a disruption of the norms as massive as what we have been through, cannot help but spur some change. And that is welcome That reality is disorienting, but we have adjusted news for the purveyors of software and on-line curricula, – sort of. Most faculty had no training on how to use as well as those who have argued that the traditional the various platforms for on-line learning. And most had not even given much thought to the question because, although there has been a lot of talk about a bigger shift 1 At TU we have long had a few on-line offerings, most notably to on-line education, for the most part that has been all, in the Native American and Energy Law. However, only a few faculty members taught in these programs. Due to a universityjust talk. One reason it has been “just talk” is that the American Bar Association (ABA), which accredits law schools, doesn’t allow accredited schools to offer a substantial amount of their programs unless they obtain a waiver or a variance. So, prior to the pandemic which
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wide program overhaul which took place in 2019, these programs
were stopped taking applications at that time. Although there was a proposal to merge the College of Law with the graduate programs in Business and Health Care, that proposal was determined, after further study, to be ill-advised as it would present intractable accreditation problems.
model is too expensive to ensure that graduating students can take the sorts of jobs that would help to address the shortage in legal services for those who need them, and that expense and the traditional format and entrance requirements also hold back efforts to achieve more diversity in the profession itself.2 On-line legal education looks like it might offer a way to address all these problems at once. And now all of higher education has just participated in a sort of natural experiment: we have been offering a mostly online curriculum for almost a full year and the sky has not fallen. So it must be possible, right?
that is necessary for the highest quality education. And obviously, clinical and experiential courses will have to continue to take place with whatever in-person components are in place in the courts or institutions and firms offering an experiential learning opportunity. But it turns out that on-line classes may have some advantages which we didn’t realize existed.
In the first place, there is the obvious advantage that everyone can be in the class, no matter where in the world they happen to be. This is not to say that absence for travel is no longer a reason for someone to miss class, but it is less of a reason. I suspect that some kind of on-line supplementary or auxiliary, or back-up Well, maybe. A better question might be is class will just become part of the norm. it desirable? And on that question the response is Second, I found that some of the participation as negative from students and faculty alike as you probably thought it would be. But it is not wholly in my on-line classes actually increased once we went negative. There are also some positive take-aways from on-line.3 I think this might be because people feel freer the whole experience, ones which might substantially if they do not have the experience of feeling people change legal education as we knew it. But it is too soon to tell because it isn’t clear that students’ experience 3 See Victoria Sutton, Law Student Attitudes about their Experiduring COVID is necessarily a good indicator of what ence in the COVID-19 Transition to Online Learning, (July 31, the normal, on-line experience will be. The pandemic 2020) available at SSRN at https://papers.ssrn.com/sol3/papers. is not just imposing structural requirements on how cfm?abstract_id=3665712 we can deliver education, it is changing the conditions under which it is being experienced. Before COVID, as you might expect, many people, (including me) were skeptical that a high quality legal education could be delivered online. Most people thought that you need in-person interactions to make education work. For one thing I think the fear is that in an on-line environment it would be much harder to police cheating. And as we all know all too well now, connecting to a meeting or class on-line rather than in-person makes some of the ways of communicating harder and presents myriad opportunities for inadvertent disclosures, interruptions, and problems. And speaking as faculty, I think there are nuances of body language and tone (just to mention two things) that a professor can glean in person that are not available from an on-line interaction, even if everyone in the class keeps their camera on throughout the class. So I think most people probably still think 2 See, David I.C. Thomson, How Online Learning Can Help
Address Three Persistent Problems in Legal Education, 70 Syra-
cuse L. Rev. 181 (2020) https://ssrn.com/abstract=3515416. Tulsa Lawyer 17
looking at them, even if they know that they can be were also loosened to reflect the reality that sometimes seen on the camera.4 That can bring shy students out there were interruptions in service that the students couldn’t prevent. Other students lived in homes of their shell. where many other family members had to be online Third, I found that the “interruptions” of family at the same time and that could also cause connection and pets appearing on screen actually helped me to problems. Presumably, if online education became an connect more closely with my students. I feel like I got ordinary thing, students could be asked about their wito know them better than I normally would. fi or internet access and commit to rules like keeping Still. These are not normal times. And although their cameras on through-out class. It is hard to know many of the drawbacks with online classes are exactly if our current experience would persist once the sense what we thought they were and are not going away of being in crisis is gone and people are going back to once we are post-COVID, some of things that made their more usual behaviors. If so, some of the intimacy the current experience less bad than I thought it would and the additional willingness to participate might not continue. be, may not be affecting the classes. For one thing, the emergency has created far more stress and ancillary emergencies that have interfered with students’ ability to focus and to participate, that it is hard to know whether that higher level of bonding I experienced in these last few semesters would persist if online classes were just one of the many options. Some of what has made these last few months so challenging was not just being online, but all those other crises that emerged and which made for very significant differences in the experiences: some students were telling with children home from school or family members who were sick, or they themselves were sick or having to deal with some health crisis made exponentially worse because of the pandemic. Some were experiencing actual food insecurity because the jobs they were doing to put themselves through school were put on hold or just went away. Others were living at home alone with no significant other demands on them. There is no way to equalize these sorts of disparities. We had to work with each student individually and work-arounds were more customized than in ordinary times. That would not happen once the pandemic goes away. Second, the sudden surge of need for bandwidth created problem with connections. This meant I couldn’t demand that students keep their cameras on throughout because connections were strained. Attendance policies 4 Of course, as mentioned, this can cause people to do all sorts of things because they feel alone and forget that they are on camera. Oliver Darcy, CNN Business, Jeffrey Toobin Fired
from New Yorker after exposing himself on a Zoom call, (Nov. 11, 2020) https://www.cnn.com/2020/11/11/media/jeffrey-toobin-firednew-yorker/index.html 18 Tulsa Lawyer
Nevertheless, I think we, all of us, in legal education and every part of the economy, have been through something that has changed us. We may not know yet all of the ways in which it has changed us. We have learned we are maybe more resilient than we thought we were. We certainly learned that an all online legal education is possible. The jury is out on whether it is desirable. It is hard to tell what this crash course in online education will mean for the future delivery of legal education. But change does seem certain. And if my experience these last few months is any guide, some of those changes may be positive ones.
Tamara Piety is a Professor of Law at the University of Tulsa College of Law where she teaches Evidence, Expert Evidence and Corporate Law. Before coming to TU she practiced law in South Florida and remains an active member of the Florida Bar and the National Association of Criminal Defense Lawyers. Professor Piety is a internationally recognized expert on corporations and the First Amendment and has written extensively on this topic, including her book, Brandishing the First Amendment, which was published in 2012 by the University of Michigan Press.
When you can’t travel, your taste buds can! Restaurant Review – Saffron Mediterranean Cuisine By Michael P. Taubman [Typical spousal/significant other discussion] “What do you want for dinner?” “I dunno, what do you feel like?” [or the dreaded question from the kids] “What’re we having for dinner?” Could these questions be anymore grating on the nerves? We all face this dilemma at least once a week, maybe more, and it results in an infinitesimal cycle of “How about…” with responses of “No, we had that…[insert time]”. However, let’s flip that coin on it’s edge and let it roll into 2021 on a culinary travel experience, shall we? First up on your travel stop, you really should go eat at Saffron Mediterranean Cuisine located at 3313 East 32 Place in Tulsa. Our trip started one night with the dreaded dialogue, which we deftly avoided answering for some time as we ran other errands. About 7:30 pm while traveling North on Harvard, the tension grew as the dinner question was about to rear its head, when we both saw the sign for Saffron. Let’s give it a try, shall we. The owner, Shadi, greeted us as we walked in the door, and the restaurant was nearly empty, save for some of Shadi’s family sitting in one corner of the room and one other couple. Unfortunately for this family-owned establishment, they just completed their renovations and City approvals to open for business in late February 2020 when the COVID closures of restaurants and bars were implemented according to our discussion with the proprietor. Their “Grand” opening they planned was nd
not grand at all, but they continue to persevere through these tough times. CAUTION portions may be larger than first thought when ordering. The first time we went there – we overdid the ordering, but it made for great take home meals to follow for the next two days. If you aren’t sure what to eat, I suggest starting with the Mediterranean Mazzeh, ($19) which includes sharable portions of their cabbage rolls, hummus, tabouli, dolmeh (grape leaves stuffed with rice, herbs and spices), falafel and some mast o’khiar (yogurt, cucumber & mint). This is plenty for 2-3 people or 2-4 people if you’re ordering full meals. At our first dining experience, we followed the appetizers with a Mediterranean Salad with their Persian Dressing ($10), which has a refreshing flavor that prepares you for the next course. My wife ordered a Gyro Platter ($14) and I tackled the Chicken Kabob ($14). Neither one is a bad choice. Also, there is a nice bar area to the left of the restaurant, and they have a selection of beers and wine to offer with your meal. We’ve made several excursions to the Mediterranean since that first trip, and each one has been a rewarding experience for our palates. Even those finicky teens in the home have come to love the spices and flavors offered in the dishes of Saffron. Pack up your taste buds and give it a try.
Shana Grandstaff: OBA Family Law Section Courthouse Employee of the Year 2020
Congratulations to Shana Grandstaff, Minute Clerk for Family Docket B in the Tulsa County District Court, for being selected as the Oklahoma Bar Association Family Law Section Courthouse Employee of the Year for 2020! This is quite a prestigious honor as Shana was nominated and selected for this award from amongst all courthouse employees serving in family law across the entire state of Oklahoma. The Family Law Section lauded her “dedication to professionalism and excellent courthouse service . . . good work and positive approach” in carrying out her duties as a Minute Clerk. Shana is very deserving of this recognition for her outstanding service to our court and our community. Congratulations, Shana! 20 Tulsa Lawyer
In Memory of D. Faith Orlowski-McMahan
Faith passed away on November 8, 2020 at home after a brief illness. Faith was born on July 28, 1954 to Dr. Frank and Donnie Orlowski in Cape Girardeau, Missouri. The family moved to Texas where, after graduating from high school, Faith attended the University of Texas at Austin. Faith graduated Phi Beta Kappa receiving her Bachelor of Arts with Highest Honors in 1975 and her Juris Doctor from the University of Texas School of Law in 1978. Upon graduation she became one of the first female attorneys hired by a major law firm in Tulsa when she was employed by Sneed Lang, PC. Most recently she was associated with Moyers, Martin, LLP. Faith was an adjunct professor at the University of Tulsa law school in the Master of Jurisprudence program. Faith received many awards throughout her extensive and impressive legal career. She was an active member of the Tulsa County Bar Association where she served as President from 2011-2012. She was a frequent national and regional lecturer on oil and gas, real property, Indian land law and estate planning topics. Faith is recognized by her peers as a brilliant lawyer, mentor, leader and dear friend. Faith's reputation as an animal rights activist was evidenced by her volunteer activities as a board member on the Tulsa SPCA Board and a number of other animal rights and rescue organizations. She founded the Tulsa County Bar Association Animal Law Committee. Faith was active in the community throughout her career. Among others, she served on the board of Emergency Infant Services, was a founding member of Executive Women's Forum and a graduate of class 10 of Leadership Tulsa. Faith would say that her greatest achievement was that of wife, mom, and Nana. She met William G. McMahan (Bill) soon after moving to Tulsa. Faith and Bill were married on November 21, 1981 and enjoyed 37 wonderful years of marriage. With her marriage came two extraordinary kids. Faith loved that even though she did 22 Tulsa Lawyer
not have biological children, she was able to enjoy and experience the blessings that come with parenthood and claimed Greg and Melinda as her own. Faith was preceded in death by her husband Bill McMahan, mother, Donnie Orlowski and father, Frank Orlowski. She is survived by son, Greg McMahan (Carrie) of Tulsa, daughter, Melinda Barker of Oklahoma City, grandchildren, Becca, Kaitlin, Sydnie, Will and Ian, sister, Katy Tuttle (Kevin) Richland Hills, TX,brother, Frank Orlowski of Dallas, TX and a host of nieces, nephews and extended family who will miss her immensely.
Faith Orlowski was truly and indisputably oneof-a-kind. Her commitment to the practice of law and to those less fortunate, especially animals, was unparalleled. Faith served TCBA in a variety of roles for many years, including serving as TCBA President in 2011-2012. In addition, Faith was passionate about caring for animals and served as a leader in animal rights, creating and chairing the TCBA Animal Law Committee, and serving in a variety roles to speak on behalf of animals, including on the board of the Tulsa SPCA. Faith also served as an adjunct professor at the University of Tulsa and was a frequent speaker at the local, state and national levels on oil and gas law, real property and Indian lands law, and estate planning. But more importantly, Faith was an amazing, caring person - one that so many of us were honored to call friend. She had a personality that was bigger than life and a laugh that was unmistakable and infectious. I remember many occasions hearing that laugh and smiling - knowing that “Faith was in the building.� And Faith was always willing to help someone in need - with a kind or encouraging word, a gentle push or even legal advice or a form if needed. I will miss seeing Faith - and hearing that wonderful laugh. She was a friend to many, and I will always treasure the fact that I was included among those she called friend. The world is a bit darker now that the light we all knew as Faith Orlowski has left us. The Honorable Deirdre Dexter
I would like to say that not only have I, but all that knew Faith, have lost a dear, devoted, and brilliant young woman that I was extremely proud to call my friend. If I were a good writer, I could go on and on with praises about Faith. However, this statement says it all and I am going to steal Faith’s lines [substituted my name for her’s] that she wrote about me in a Tulsa Lawyer article that I know mirrors Faith: “ Imagine Mary Tyler Moore’s younger, spunkier sister. Imagine Julia Roberts with a brain. If you imagine these things you are now in the right frame of mind to think about Faith. If I ever had to have a Siamese twin, I would want it to be Faith. She is just the sort of person who would race into a burning building to save a terrified child or a trapped pet. Better yet, she is the type that would race OUT to save her Siamese twin”. I can’t match that. The Honorable Darlene Crutchfield, Administrative Law Judge
I first met Faith during our time together on the board of the Tulsa SPCA. I was immediately struck by her unique combination of intelligence, wit, kindness, and warmth (and of course her laugh). She was an effective and tireless advocate and brought her considerable talents to bear to improve the lives of animals. Her involvement in the TSPCA and several other philanthropic organizations will be a lasting legacy and will benefit Tulsa for future generations. After knowing Faith through the TSPCA and the Tulsa County Bar Association I also had the privilege of working with her. We successfully recruited her to join Moyers Martin in 2015. She was a brilliant lawyer and her clients loved her. No matter how busy she was, she was always willing to share her knowledge, experience, and wisdom. There’s a saying that “You only live once, but if you do it right, once is enough.” Faith did it right. She lived a life of great accomplishments and touched the lives of many. I will miss her, but I’m grateful for having known her. Mike Esmond Moyers Martin LLP
The first thing you noticed about Faith was her laugh – it was bold and beautiful, it filled the room, and it was ever-present. Faith was a person of the utmost good cheer, and could lift the mood of a gloomy day just by her presence. She was always the person you wanted to sit by at a bar meeting or luncheon, because you were guaranteed to laugh and have fun. Faith’s sparkling personality was accompanied by an exceptional mind. She was an extremely intelligent and able lawyer, and had the uncanny ability to bring bickering attorneys with different opinions together to reach a consensus. She was a pioneer woman lawyer in Tulsa, and she was a true mentor to many younger women lawyers. She was truly unselfish in sharing her time and talents with others. Faith was a beautiful person with a beautiful soul. She was kind to everyone. She had a special place in her heart for animals. She was generous and giving to her friends and family. Faith made the world a better place for all of us. She will always be missed. Renee DeMoss, Oklahoma Bar Foundation Executive Director
It’s hard for me to remember a time since I moved to Tulsa in 1985 that I didn’t know Faith Orlowski. 35 years ago, there were not many women in private law practice and I wanted to join a firm where there was at least one other woman lawyer, so I made it a point to find them where they were. Faith was involved in Tulsa Women Lawyers Association and I bet I met her there. She was friendly, quick to offer advice when asked, and always inclusive, wanting to make new women to the group feel welcome. Since I moved to Tulsa knowing exactly two people, I appreciated her embrace. Her laugh is what I’ll remember most, and her smile. We both love animals, and I appreciate her support of rescue organizations. Faith made the world a better place, a more welcoming and inclusive place, and the world could sure use more like her today. She will be greatly missed. Teresa Meinders Burkett Conner and Winters, LLP
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Law Day Book Club Goes Virtual for 2020!
Law Day 20 21 is May 1st! TC BA is making pla ns!
The upcoming 2021 sessions for the Lynn Miller Law Day Book Club will be virtual and limited to ten attendees. Specific dates will be provided soon. Start reading now so you’ll be ready! Meeting day & times along with more details will be featured in the February issue of Tulsa Lawyer.
February His Truth is Marching On, by Jon Meacham
March One Drop: My Father’s Hidden Life – A Story of Race and Family Secrets, by Bliss Broyard
April Tulsa, 1921: Reporting a Massacre, by Randy Krehbiel The Honorable Martha Rupp Carter, Chair From the American Bar Association...
Advancing the Rule of Law, Now
The rule of law is the bedrock of American rights and liberties—in times of calm and unrest alike. The 2021 Law Day theme—Advancing the Rule of Law, Now—reminds all of us that we the people share the responsibility to promote the rule of law, defend liberty, and pursue justice.
Ponderings by Lulu The official TCBA Bar Center Morale Officer Lulu and the TCBA would like to acknowledge the wonderful love and effort that the late Faith Orlowski put into protecting animals. She went above and beyond. Below are tips that she shared many times with members to keep fur babies safe in colder weather. Thank you Faith! The ASPCA recommends the following guidelines to 6. Never leave your dog or cat alone in a car during help you protect your companion animals when the cold weather. A car can act as a refrigerator in the winter, mercury dips. holding in the cold and causing the animal to freeze to death. 1. Keep your cat inside. Outdoors, felines can freeze, become lost or be stolen, injured or killed. Cats 7. Puppies do not tolerate the cold as well as who are allowed to stray are exposed to infectious adult dogs, and may be difficult to housebreak during diseases, including rabies, from other cats, dogs and the winter. If your puppy appears to be sensitive to the wildlife. weather, you may opt to paper-train him inside. If your dog is sensitive to the cold due to age, illness or breed 2. During the winter, outdoor cats sometimes sleep type, take him outdoors only to relieve himself. under the hoods of cars. When the motor is started, the cat can be injured or killed by the fan belt. If there are 8. Does your dog spend a lot of time engaged outdoor cats in your area, bang loudly on the car hood in outdoor activities? Increase his supply of food, before starting the engine to give the cat a chance to particularly protein, to keep him—and his fur—in tipescape. top shape. 3. Never let your dog off the leash on snow or ice, especially during a snowstorm—dogs can lose their scent and easily become lost. More dogs are lost during the winter than during any other season, so make sure yours always wears ID tags. 4. Thoroughly wipe off your dog's legs and stomach when he comes in out of the sleet, snow or ice. He can ingest salt, antifreeze or other potentially dangerous chemicals while licking his paws, and his paw pads may also bleed from snow or encrusted ice.
9. Like coolant, antifreeze is a lethal poison for dogs and cats. Be sure to thoroughly clean up any spills from your vehicle, and consider using products that contain propylene glycol rather than ethylene glycol. Visit the ASPCA Animal Poison Control Center more information.
10. Make sure your companion animal has a warm place to sleep, off the floor and away from all drafts. A cozy dog or cat bed with a warm blanket or pillow is perfect. These tips and more can be found at the ASPCA website, 5. Never shave your dog down to the skin in ASPCA.org. Remember to always spay and neuter your winter, as a longer coat will provide more warmth. animals! When you bathe your dog in the colder months, be sure to completely dry him before taking him out for a walk. Own a short-haired breed? Consider getting him a coat Send us photos of your fur babies, office comor sweater with a high collar or turtleneck with coverage panions, feathered friends and such and be a part from the base of the tail to the belly. For many dogs, this of the Tulsa County Bark Association. Send to is regulation winter wear. tulsabarnews@yahoo.com.
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Thank you Faith Orlowski for your compassion and the many contributions you made to the TCBA Animal Law Committee, SPCA and all the organizations you supported for the betterment of pets and animals in our community. You will be missed.
Ready to get snuggled in!
Meet Aria.
She was born mainly blind but that hasn't stopped her from going on walks and chasing squirrels. Normally the squirrels go one way and she goes the other. Mainly the squirrels ignore her because they know she can't see, but now and then she fools them and chases them until they reach the safety of a tree. Aria doesn't let her disability keep her from staying active. She loves spending time with her pet human and TCBA member, Tracey Garrison. Tracey Garrison, Esq. Garrison Law Office, PLLC Tulsa Lawyer 27
Lawyers Fighting Hunger Provided 1000 Turkeys and Grocery Bags Amid Covid-19 Restrictions Lawyers Fighting Hunger made sure 1,000 Tulsa families will have a good Thanksgiving Dinner. Volunteers gathered on Saturday, November 14th to pack up 1,000 turkey dinners. They distributed about half of the dinners to 18 partner agencies. The remainder of the turkey dinners were distributed during Iron Gate’s regular grocery pantries the week before Thanksgiving.
This event wouldn’t be possible without the support from over 100 Tulsa area lawyers, the Oklahoma Association for Justice, the Tulsa County Bar Association Foundation, businesses and individual contributors including our platinum and gold sponsors Graves & McLain, Lloyd & Lloyd, Sherwood, McCormick & Robert, Laizure Law, Riggs Abney, and Smolen Law.
“We weren’t going to let Covid-19 stop us,” Lawyers Fighting Hunger Founder Hugh Robert said. “We know the need will be greater than ever this year. So we were determined to figure out a way we could provide turkey dinners to people in a safe way.” Normally, the turkey distribution occurs all in one day and hundreds of people wait in line to receive their holiday dinner. In order to abide by Covid-19 safety precautions, the turkey distribution was spread over three days to those who pre-registered. “Iron Gate has been doing drive-through grocery pantries since March, so we thought this was the best way to distribute the turkey dinners this year,” added Iron Gate Executive Director, Carrie Vesely Henderson. “Our grocery pantry program is up more than 100% over last year, so we know the need is real. And we’re so grateful to Lawyers Fighting Hunger for providing this special turkey dinner for pantry recipients.” Lawyers Fighting Hunger raises all of the money to provide the dinners, which include a frozen turkey and a number of side dishes. The turkey distribution is a joint effort by Lawyers Fighting Hunger, Live Local Give Local, Iron Gate, and the Community Food Bank of Eastern Oklahoma. The group works with a variety of other organizations including, EduRec, Women in Recovery, Community Service Council Veteran Programs, Habitat for Humanity, DVIS, Life Senior Services, Parkside, and Dayspring Villa. Lawyers Fighting Hunger protected with masks and gloves will gather in the Iron Gate’s parking lot to pack up the dinners and distribute about 600 turkey dinners to our partner agencies.
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Photos provided by Hugh Robert. Drone photos courtesy of Max Moody Visuals.
L-R: Hugh Roberts & wife Kristin, Judge Moody's daughter, husband Chad, Judge Moody and son.
Amity Eileen Ritze 1980-2020 Amity Eileen Ritze, of Broken Arrow, Oklahoma, went home to be with her Lord and Savior on Friday, November 27th, 2020 in her home surrounded by family. She was born July 30, 1980 in Tulsa, Oklahoma to Dr. Mike and Connie Ritze. With a name that means friendship, Amity spent her 40 years on this earth as a true force of nature-- positively impacting many lives with her infectious congeniality, exemplary strength, and unwavering faith. Amity graduated high school from Trinity Christian School in Broken Arrow, Oklahoma in 1998. She received her Bachelors of Science in Biological Sciences (Pre-Medicine) from Oklahoma State University in 2004 and her Masters of Business Administration (Magna cum Laude) from Saint Leo University in 2010. She began her Juris Doctorate at Oklahoma City University School of Law in 2015; while there she received an Advanced Legal Research Award and was the SBA Outstanding Student of the Year. She completed her Juris Doctorate at The University of Tulsa College of Law in 2017 where she also served as Phi Alpha Delta Law Fraternity’s Vice Justice. While a legal intern at the Law Offices of Sherwood, McCormick, and Robert in Tulsa, Amity became a certified member of the Oklahoma Bar Association in 2019; she was sworn in on May 29th, 2020. She will be remembered for her love of travel, jet setting to the most beautiful beaches, scuba-diving in the most iconic reefs, and sunbathing by the most luxurious pools. You could either find Amity at a concert (most likely New Kids on The Block), out to dinner with friends (most likely at a hibachi-style steakhouse), or shopping (most likely adding to her famous shoe collection). If she wasn’t enjoying the good life, she was making someone else’s life good. Amity took great pride in her many motivational speaking engagements and planning, organizing, and executing countless philanthropic events. But her biggest passion was her 30 Tulsa Lawyer
family and spending every summer at Table Rock Lake. In December of 2015, Amity was diagnosed with Stage 4 Metastatic Breast Cancer. Rather than be defined by a disease, she used it as a platform to inspire others. Because of the awareness that Amity garnered, in 2016 Governor Mary Fallon signed House Bill 2601 into law, making Oklahoma the 26th state to report a patient's breast tissue composition through the mammography reporting results. Amity then helped establish a Tulsa chapter of Project 31, a community by and for breast cancer survivors. Amity is preceded in death by sister Kelsey Ann Ritze; Grandparents Dr. Ted and Oka Ritze; and Grandparents Elmo and Mary Ann Wilkerson. She is survived by parents Dr. Mike and Connie Ritze; Sister Dr. Heidi Prince and her husband Dr. Andrew Prince; Brother Jamey Ritze and his wife Sydnie Ritze; and Nephews Jude Prince, Jack Prince, and James Ritze, III; Uncle Dan Wilkerson and his wife Michele; Cousins Zahn Wilkerson and his wife Kelly, Matthew Wilkerson and his wife Briana, Whitney Wilkerson and her fiancé Ryan Blackerby; Second-Cousins Kai BishopWilkerson, Daniel Wilkerson, and Charles Wilkerson; and infinite friends who she made feel like family.
“All life is an experiment. The more experiments you make the better.” ~ Ralph Waldo Emerson
Grapevine News Aston, Mathis & Campbell, PLLC, welcomes Lauren Armstrong to the firm. Ms. Armstrong was born and raised in Tulsa, Oklahoma. In 2014, she received a Bachelor of Arts degree in History from Oklahoma State University. In 2017, Ms. Armstrong received her law degree with highest honors from The University of Tulsa College of Law, where she was a member of Phi Delta Phi Honor Society, Phi Alpha Delta, and received a CALI Award in Arbitration. After law school, Ms. Armstrong worked as an Assistant Public Defender in Tulsa County for three years, where she represented children in custody and adoption cases. Currently, her practice focuses primarily on civil litigation and family law matters involving children. In her free time, Ms. Armstrong enjoys spending time with friends, family, and her rescue dog, Theo.
Doerner, Saunders, Daniel & Anderson, LLP, today announced that it has been awarded recertification in Meritas, a global alliance of independent business law firms. Doerner joined Meritas in 2014 and, as a condition of its membership, is required to successfully complete recertification every three years. Meritas is the only law firm alliance with an established and comprehensive means of monitoring the quality of its member firms, a process that saves clients’ time validating law firm credentials and experience. Meritas membership is selective and by invitation only. Firms are regularly assessed and recertified for the breadth of their practice expertise, client satisfaction and high standards of cybersecurity to keep legal information safe. Meritas’extensive due diligence process ensures that only firms meeting the tenets of Meritas’ unique Quality Assurance Program are allowed to maintain membership. The measurement of the firm’s performance, based on input from clients, is reflected in a Satisfaction Index score, which is available online on the Meritas website. “Our values of quality service and client
satisfaction align with the Meritas mission to provide a safe and responsive global offering to clients,” said Tom Q. Ferguson, managing partner at Doerner. “We’ve successfully collaborated with colleagues in many jurisdictions around the world to solve client issues and help them seize opportunities outside of this market. We look forward to keeping those vital connections through membership in Meritas.” The recertification process Doerner completed to maintain its membership status included exacting self-assessment, peer review by other law firms and client feedback. “Businesses trust the Meritas alliance of law firms for top-tier quality, convenience, consistency and value,” said Sona Pancholy, president of Meritas. “Doerner has demonstrated its commitment to worldclass legal standards, and therefore has successfully earned its recertification in Meritas.” For more information about Doerner’s capabilities and the benefits of its membership in Meritas, visit www.dsda.com or call +1-918-582-1211.
TCBA staff adopted a family through the Family & Children's Services Holiday Challenge. They had a great time buying and preparing the gifts seen here. See page 10 for a complete list of those who participated.
Classified Ads Associate Attorney: Titus Hillis Reynolds Love is a midsize downtown Tulsa AV-rated law firm and is seeking a general civil litigation attorney with 2-7 years’ experience. Applicants must be proficient at legal research, writing, analysis, and practical litigation strategies, and must be able to work in a fast-paced team environment. Salary commensurate with experience. Firm provides excellent benefits. Please send resume to DeAnn Farthing, 15 E. 5th St, Suite 3700, Tulsa, Oklahoma 74103 or DFarthing@ titushillis.com Paralegal/Legal Assistant: Titus Hillis Reynolds Love is a mid-size downtown Tulsa AV-rated law firm and is seeking a Paralegal/Legal Assistant with 5 or more years’ experience in litigation. Applicants must be proficient in most aspects of a litigation practice with some general Non-litigation experience considered a plus. Must be a self-starter and work independently in a fast-paced team environment. Salary commensurate with experience. Firm provides excellent benefits. Please send resume to DeAnn Farthing, 15 E. 5th St, Suite 3700, Tulsa, Oklahoma 74103 or DFarthing@titushillis.com
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