January 2024 Tulsa Lawyer Magazine

Tulsa Lawyer Lawyer Magazine

January 2024

Happy New Year!

Professionalism

1903

A Message from the President

Michael Esmond 2023-2024 TCBA President

Pg. 2

Distinguishing Between Astrology and Astronomy for Purposes of Admissibility

By Tamara R. Piety

Pg. 8

The Corporate Transparency Act: What It Means For Your Company and FAQ

TULSA LAWYER

In this Issue

January 2024

2

Our Professional Obligation to Perform Public Interest Legal Service Michael Esmond

4

Judicial Dinner - February

5

Court Reporter Shortage Leads to Change in Law

7

Law Day Committee- Book Signing, January 23rd The Devil’s Smoke House

11

YLD Bowling

13

2024 Lynn Miller Law Day Book Club

14

Wish List

15

Navigating the Legal Side of Nonprofits: A TU Law Student's Perspective

By Anthony Ontiveros

16

Community Outreach

17

Holiday Challenge Photo Review

22

Celebrating 100 Years of Excellence: The University of Tulsa College of Law’s Centennial Journey

26

Events & Scholarship Opportunities

30

TCBF Annual Financial Disclosure

34

Grapevine

By Michael Anderson

Pg. 18

In Memory Of...

35

Classifieds

36

TCBA Contacts, Committees & Sections

The book is called Opportunity, and its first chapter is New Year's Day. ~ Edith Lovejoy Pierce, Poet

Tulsa Lawyer 1

A Message from the President

Michael E. Esmond

Our Professional Obligation to Perform Public Interest Legal Service OBA Past President Brian Hermanson similarly addressed the issues of access to justice and unmet needs for legal services in his President’s Message in the October 2023 Oklahoma Bar Journal in which he asked: “How Can Anyone Afford Justice Anymore?”

He suggested that we must ask “whether the public in our country can gain entrance into a legal system that What better way to start the new year than with has become increasingly complicated and expensive.” a bad lawyer joke? I came across this one in remarks Justice Breyer’s observation and Mr. Justice Breyer made on the topic of the legal profession and public service. Since the theme of this month’s Hermanson’s questions are good ones. According to magazine is professionalism, it seemed like a fitting a report released by Legal Services Corporation, The way to launch into a message about our professional Justice Gap 2022: The Unmet Civil Legal Needs of obligation as lawyers to devote some of our time to Low-income Americans, low-income Americans did pro bono service. Indeed, Justice Breyer attributed not receive any or enough legal help for 92% of their the pearly-gates misunderstanding he described to a civil legal problems. Nearly one-half (46%) of those “treadmill” problem among lawyers – “Rising legal who did not seek legal help for one or more problems salaries mean increased pressure to bill clients, which cite concerns about cost as a reason why. These fellow means a longer work day, which means less time for pro citizens are left to advocate for themselves in highbono work . . . .” Less time for pro bono work means stakes matters where they might risk losing their job, more unmet legal needs. their livelihood, their home, or their children.

Remember the story of the young lawyer, felled by a heart attack, who complained to St Peter?

“How could you take me? I’m only thirty.”

“Well,” St Peter replied, “I looked at your billing records and thought you must be 95.”

~ Stephen Breyer

The Bar Center will be CLOSED New Year's Day Monday, Jan 1

Martin Luther King, Jr. Day Monday, January 15

2 Tulsa Lawyer

Considering these realities from our perspective as attorneys raises questions about our professional obligation to perform pro bono service to the public.

Rule 6.1 of the Oklahoma Rules of Professional Conduct provides that a lawyer “should render public interest legal service.” A lawyer may discharge this responsibility by:

(a) providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations; (b) serving without compensation in public interest activities that improve the law, the legal system, or the legal profession; or (c) financial support for organizations that provide legal services to persons of limited means.

to tenants facing eviction on Tulsa County’s FED docket. Opportunities abound for hands-on, in-court pro bono service through that program. In addition, efforts are underway to explore and develop new pro bono opportunities for TCBA members through partnerships with groups like Housing Solutions and other organizations that provide services to low income and vulnerable populations.

We owe our gratitude to all of the lawyers that give their time and resources to help those in need of their services. They make Tulsa a better place to live and practice law. If, like me, you recognize that you can In addition to fulfilling ethical obligations and do more to fulfill the obligations of our professional providing assistance to clients in need, pro bono work rules, the new year provides a perfect opportunity to has several less direct benefits. It provides lawyers with resolve to devote more time and attention to pro bono opportunities for professional development. Working service. on matters that may fall outside our usual practice areas allows us to broaden our knowledge and can enhance our As Mr. Hermanson wrote in his President’s ability to serve clients effectively. And the commitment Message: “There is no better time to get started than to social responsibility enhances the reputation of the now. Now is when all good intentions must be placed legal profession as a whole, reinforcing public trust in in motion to help. We have a huge stake in getting this the judiciary and legal institutions. right. Are you up to help?” I hope your answer to Mr. Hermanson is an enthusiastic “yes!”

Lucky for us, TCBA’s Pro Bono Committee offers opportunities to fulfill the obligation of Rule 6.1 Sincerely, and realize all the other benefits of performing volunteer legal services. For several years, the committee’s Michael E. Esmond focus has been on providing legal representation TCBA President, 2023-2024

4 Tulsa Lawyer

Court Reporter Shortage Leads to Change in Law The presiding judges from the nine administrative districts across the state meet every month. For well over a year, the reports have been the same from each of them – we don’t have sufficient court reporters to meet the needs of all the courts. As a result of the shortage of court reporters, 20 O.S. § 106.4 was amended, effective November 1 of this year. It provides: In any trial, hearing or proceedings, if no court reporter is available to the assigned judge: a. the judge before whom the matter is being heard may order the proceedings electronically recorded and a trial or proceedings may proceed without the necessity of a court reporter being present. Provided that if an official transcript is ordered then it shall be prepared by the official court reporter, or b. with the approval of the judge, the parties may stipulate to the use of a freelance reporter and share the cost. If ordered, the transcript shall be prepared by the approved reporter and shall be considered the official transcript for all purposes.

This amendment to the statute, in conjunction with the increasing shortage of reporters, is causing the courts and attorneys to change the way business is conducted in the courtroom. Tulsa County currently has ten openings for court reporters, both for the ‘pool’, which generally supports all eighteen special judges, as well as for district judges. As a result, many hearings and proceedings will now be recorded if no reporter is available, and the parties have not made arrangements to secure a freelance reporter. Change is rarely easy, and this will be a learning process for everyone, but court reporters have these primary suggestions to ensure that a usable transcript can be made: 1. Anyone speaking needs to identify themselves each time they speak, speak slowly and loudly.

2.

Only one person should be speaking at a time.

Recordings will be maintained by the Court.

Requests for transcriptions of the recording should be made with the Court Administrator’s Office at (918)5965400.

Court reporting does not require a college degree and is a career that can be both financially rewarding and personally fulfilling. It truly is a public service. As one long time reporter shared: “The stenographic reporter is entrusted with the responsibility of capturing all ‘words’ and preserving that record for years to come.

Those representing all who use the legal system need to be able to review, study, and digest the words spoken, and trust the record with which they are presented. The job of a court reporter is not only ‘writing’ the spoken word. We are protecting it by being aware of when the words are garbled, when people talk over each other, and when there are noises that make the words indiscernible. I feel part of a team in the courtroom with the judge and the attorneys with our respective jobs in protecting the record.”

Efforts are under way to recruit additional reporters statewide and specifically for Tulsa County.

There are currently several employees at the Tulsa County Courthouse studying and working towards a career as a certified shorthand reporter. Tulsa County is fortunate to have many experienced reporters in addition to several new ones. If you know anyone who may be interested in becoming a court reporter, please contact the Tulsa County Court Administrator, Kim Hall, and she will be glad to provide information regarding educational requirements and to connect interested individuals with mentors to assist and encourage them along the way.

CERTIFIED COURTROOM REPORTER – TULSA COUNTY Position: Certified Shorthand Reporter (District Judge and Pool Openings) Location: Tulsa County Courthouse, Tulsa, Oklahoma Hiring Official: District Judges Kevin Gray and Doug Drummond, Court Administrator, Kim Hall (pool positions) Salary: Pursuant to Statute Benefits: State paid annual and sick leave, insurance, and retirement Necessary Qualifications: Certified by the Oklahoma CSR Board and as required by Oklahoma Statutes Resumes should be directed to: Kim Hall, Court Administrator Tulsa County Courthouse, 500 S. Denver, Room 637 Tulsa, OK 74103

kim.hall@oscn.net

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(918) 596-5400

The Devil’s Smokehouse The Law Day Committee in collaboration with Magic City Books is hosting author Justin Jones for a presentation and book signing of his newly released novel,

The Devil’s Smoke House

Tuesday, January 23, 2024 7:00PM Tulsa County Bar Center Books may be purchased at the event.

There were always two options: the closet or under the bed.

In the 1960s, young Jenkins and his sister, Jill, are trying to grow up in a dusty, hardscrabble area a few miles out from a one-stoplight town in the American southwest. It's a long bus ride through farmland to school where both children put on brave faces to cover up for the nights they suffer at the hands of their violent, alcoholic father, to whom they refer as the Devil. In his drunken rampages he regularly beats Jenkins, Jill, and their mother, smashes up the shabby dwelling that serves as their home, and then retreats to his bedroom, his chamber of horrors.

As they grow into adolescence, Jill copes by focusing on doing well in school so that she can get out as soon as she can, as Jenkins is sucked into a life of truancy and increasing violence. While contemplating eventual revenge on his father, Jenkins must decide how to handle people and situations whose evil and cruelty will test ordinary readers’ imaginations.

The Devil’s Smokehouse is an unvarnished story of the ravages of rural poverty and an unsparing look at one boy managing to triumph against crushing odds.

Tulsa Lawyer 7

Distinguishing Between Astrology and Astronomy for Purposes of Admissibility

By Tamara R. Piety Last month I noted that the problem that Daubert1 attempted but failed to solve was how, for purposes of admissibility, to tell the difference between astrology and astronomy. The Supreme Court made judges the “gatekeepers” for expert testimony “to ensur[e] that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand,”2 but the Court failed to explain how judges, who are mostly not trained in the areas of expertise – be it medicine, engineering, computer forensics, fingerprints, or any one of the many other areas of expertise commonly admitted by courts -- are supposed to evaluate what constitutes a “reliable foundation.” As Justice Rehnquist so colorfully put it in his separate opinion in Daubert, “I defer to no one in my confidence in federal judges; but I am at a loss to know what is meant when it is said that the scientific status of a theory depends on its “falsifiability,’ and I suspect some of them will be too.”3 He was very concerned that judges didn’t have the training to do the evaluation that Daubert majority asked them to do and the Daubert validity criteria didn’t help much. Most of what Daubert provides are proxies for the thing that we want to know: is this a legitimate area of expertise and does this person have the skills, training, and/or education to lay claim to authority within that area of expertise? In other words, although the Daubert Court purports to be asking the courts to perform substantive evaluations, for obvious reasons they can’t really do this and so what Daubert presents are criteria that are supposed to stand in for the answer to the question of how to exclude astrology while letting in astronomy.

New Jersey State Hospital at Trenton. Dr. Henry Cotton “could boast of scientific credentials that would put most American physicians at the turn of the century – let alone his poorly educated fellow alienists4 – in the shade.”5 He had been educated in the late 19th century at the University of Maryland and Johns Hopkins and was a protégé of the eminent neuropsychiatrist Adolf Meyer who himself had trained at the top schools on the Continent. After a series of posts at other institutions Cotton came lead Trenton State Hospital. While there he performed and oversaw grotesque operations on helpless patients, patients who often lacked people outside the hospital to advocate for them, operations that were intended to cure or mitigate their mental illness, but instead resulted in extraordinary morbidity and mortality rates, all based on his theory that mental illness could be traced to a localized infection that had spread to the brain. This theory of “focal sepsis” led him first to pull out all of his patients’ teeth and then, when that didn’t work, to engage in ever more serious and complicated surgeries on his patients’ digestive systems – tonsillectomies, resecting colons, and other major surgeries. “[I]n Cotton’s view [focal sepsis] ought [] to have been seen as the master keys to unraveling the mysteries of madness.”6 So Dr. Cotton pulled out his patients’ teeth and subjected them to ever more gruesome procedures in an effort to root out the infection that he believed caused their mental difficulties. And he did this for a couple of decades, despite ever-increasing rates of death and little to no sign that his operations were helping his patients. When challenged about the extraordinary rates of death Cotton responded that it To illustrate this problem, let us consider the sad was only to be expected that many would die from the case of Dr. Henry Cotton, at one time the head of the most extreme procedures since only those who were

1 2 3

Daubert v. Merrell-Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Id. 509 U.S. at 597.

Id. at 600 (Rehnquist J. concurring and dissenting).

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4 5 6

“Alienist” was a popular term for doctors who treated mental disorders.

Madhouse at 20.

Id. at 37.

the most disturbed would be subjected to such radical treatment.7 Finally, the state of New Jersey launched and inquiry into these death rates and to rumors of other mistreatment and Dr. Cotton was so unnerved by this inquiry that he had a nervous breakdown himself.

Ultimately, the inquiry was closed without resolution and Dr. Cotton continued his practices until his death in 1933.8 Yet even after his death the Trenton State Hospital continued its practice of pulling patients teeth into the 1960s.9

been) tested”;11 Well, Dr. Cotton’s theory was “tested” and there was evidence from the start that it was difficult to draw firm causal connections between his procedures and any improvements in his patients’ conditions. And this raises the issue that Justice Rehnquist found so troubling: what does it mean for something to be “falsifiable”? The connection between a practice (prescribing Bendectin) and a pathology (limb deformities) was the thing that the trial court in Daubert found so problematic.

There is no doubt that DR. Cotton was sincere (2) Has it been “subjected to peer review and in his belief about his theory of focal sepsis. He publication”;12 published numerous articles on the subject and did not exactly hide the high mortality rate. He was so sincere Yes. Dr. Cotton had published many scholarly that he subjected his children to the removal of all articles and (to some of his colleagues’ dismay) their teeth as well.10 Yet in fact, despite Dr. Cotton’s promoted his theory in the popular press as well. excellent training and skills, his numerous publications, (3) “Known or potential error rate and the and his obvious sincerity, his theory lacked a “reliable

existence and maintenance of standards foundation.”

controlling the technique’s operation.”;13 The Daubert criteria might well not have This criterion is more difficult to apply. There is resulted in excluding evidence of this theory in a case no way to tell what the error rate is if you don’t know the in which Dr. Cotton (or someone like him) might be called to testify. Let’s review that validity criteria again. success rate. However, there were elaborate protocols and all the standard operating procedures associated (1) Whether a practice “can be (and has with the practice of medicine at the time.

(4) “General acceptance.”

7 Id. at 259.

8 Id. at 270.

9 Id. at 292.

10 “Prophylactic teeth extractions notwithstanding, both of Henry Cotton’s sons [] ended up committing suicide.” Id.

11

Id. at 593.

12 Id. at 594.

13 Id. at 594-95.

Here we encounter more ambiguity because while Dr. Cotton’s theory did not enjoy universal acceptance, indeed there were many vocal skeptics, it also wasn’t viewed as outside of the realm of the legitimate practice of medicine either and Dr. Cotton was by no means the only proponent of the theory of focal sepsis. In Daubert the Supreme Court emphasized that it was offering a “flexible test” and that some practices might only meet one or two of these validity criteria and still be admissible.14 I think it is fair to suppose that Dr. Cotton’s authority and position had a lot to do with why his since discredited theory was used to justify the maiming and killing of his patients during his lifetime and well after his death. In the next installment we will explore the overwhelming role that authority may play in attempting to determine when a practice has sufficient reliability to be admitted. And I will discuss cognitive biases that make it difficult to overcome the influence of authority.

14 This was the same reason the Court ultimately answered one of Justice Rehnquist’s questions – does Daubert apply only to “science” or to all expertise? – to conclude that Daubert applied to all expertise. See Kumho Tire. See Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).

SAVE THE DATE TU Law Diversity Day Friday, February 9th

ABOUT THE AUTHOR

Tamara Piety is a Professor emerita of Law at the University of Tulsa College of Law where she taught 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. 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.

Please join us for a movie!

Cars

Thursday, February 29th - 6pm at the Bar Center

10 Tulsa Lawyer

Hosted by the TCBA Law Day Committee and TCBA members and their families are invited to attend.

The cost is FREE and popcorn, snacks, and beverages will be available for purchase.

Philip Hixon Michael Taubman

CELEBRATE YOU & SUPPORT TCBF By being a member of the TCBA, you are also a member of the Tulsa County Bar Foundation.

As a general rule, the funds that come into the Foundation are the result of a fundraising event for our community, and the monies raised are immediately distributed back out into the community through non-profit organizations.

In an effort to assist the Foundation, we have implemented a monthly “Fund the Foundation” program. To participate we are asking each member who has a birthday this month to consider making a donation to the Foundation. You can do so with the QR Code shown here.

If you are not currently a Fellow, please consider joining that program. As a thank you (and let’s be honest, an encouragement to other members), if you donate before the 10th of the month we will include a shout out to you in the next issue of Tulsa Lawyer Magazine.

January: Read Dangerously: The Subversive Power of Literature in Troubled Times

by Azar Nafisi

February:

Stoner by John Williams March: A Catalogue of Common People

by Mark Darrah April: Go Set a Watchman

by Harper Lee

The Voices of Democracy Law Day theme encourages Americans to participate in the 2024 elections by deepening their understanding of the electoral process, discussing issues in honest and civil ways, turning out to vote, and, finally, helping to move the country forward after free and fair

elections. In this way, Americans ensure that our government remains responsive to the wishes of the people. We invite all Americans to join us on May 1, 2024, to celebrate Law Day by lifting their voices to strengthen our democracy.

2024 Lynn Miller Law Day Book Club Ready, set, grab your reading glasses and library cards! It’s time to think about the 2024 Lynn Miller Law Day Book Club book selections. There is plenty of time to secure the books and read ahead. This year’s Book Club discussion leaders are Tana Van Cleave for January, Judge Richard Hathcoat for February, Mark Darrah in March and Kaylind Landes in April. Our excellent discussion leaders have selected a good variety of literary works to pique our interests and engender interesting discussions. Specific dates for the discussion sessions will be announced as determined. If you want to attend any one or more or all book discussions, please email Martha Rupp Carter at mruppcarter@yahoo.com to register yourself and up to one guest. Once you are registered, location details for Book Club will be shared. Registration is limited to fifteen persons per session on a first come, first served basis. Happy reading.

Tana Van Cleave will lead January Book Club discussion of Read Dangerously: The Subversive Power of Literature in Troubled Times, by Azar Nafisi.

Tana practices on the Housing Team with Legal Aid Services of Oklahoma. She is serving as Co-Chair for the Tulsa County Bar Foundation’s Law Day Committee. Tana resides in Tana Van Cleave Tulsa with a dog and two cats.

She loves entertaining, cooking, gardening, and reading. The author of her selected book draws upon experiences of living in the Islamic Republic of Iran, as an immigrant to the United States. and her role in teaching literature in both countries. Important questions of art, power, and political freedom raised in the book will be discussed.

Judge Richard Hathcoat will lead discussion for February Book Club of the novel Stoner, by John Williams. Judge Hathcoat served as a Special Judge in the Probate Division until his appointment by Gov. Stitt to the position of District Judge for Tulsa County. Judge Hathcoat gained an appreciation for fine Latin American food and the Dallas Cowboys due to being Judge Richard raised in Dallas. He worked as Hathcoat an Assistant District Attorney in Tulsa after graduation from University of Tulsa Law School.

Following that, he worked in private practice in Colorado primarily in criminal defense and preparing title opinions where he fly fished and explored the Rocky Mountains in his free time. His interests include researching and trading collectible watches, scouting first edition books, and supporting several regional college football programs.

Mark Darrah will lead discussion in March of the book he authored, A Catalogue of Common People, a collection of vignettes and essays about “uncommon common people.”

In addition to writing fiction and prize-winning essays, Mark wrote some of the first performance mysteries enacted Mark Darrah in this part of the country, including the first performance mystery ever anywhere for a naturist community. He has been a regular contributor to “Studio Tulsa” on Public Radio Tulsa and was the 2018 Carl G. and Gladys L. Herrington Distinguished Lecturer at Rogers State University. Mark was an adjunct judge for the Oklahoma Department of Labor. He is an amateur fiddler. Mark is fascinated by the stories and extraordinary people he encounters in the practice of law.

Kaylind Landes will lead discussion in April of Go Set a Watchman, by Harper Lee; this book is the only other published novel by the author of To Kill a Mockingbird. These novels are intertwined. Kaylind graduated with honors from the University of Tulsa where she participated in the Energy Law Journal and the health law moot court team. She received an award for the highest Kaylind Landes grade in Indian Gaming Law and the Order of the Barristers as a top ten student in law school. She served as assistant district attorney in the Tulsa and Rogers County District Attorney Offices. In those offices, Kaylind worked in every aspect of criminal prosecution from charging cases to jury trials.

Kaylind works at the Tulsa DUI Guy with primary focus on defending misdemeanor DUI cases. Kaylind volunteers as a coach for the Owasso High School Mock Trial team and is the OSU liaison for her sorority, Pi Beta Phi. Tulsa Lawyer 13

Navigating the Legal Side of Nonprofits: A TU Law Student's Perspective

By Anthony Ontiveros, 1 1/2 L Student University of Tulsa College of Law As a student at The University of Tulsa College of Law, I have been learning about the various aspects of nonprofit management.

Nonprofit organizations are a vital part of society that contribute greatly to the wellbeing of communities, and working for them would be an immensely fulfilling experience. However, managing them correctly is essential to ensuring that they can continue to do their important work.

Throughout my journey at TU College of Law, I've gained knowledge about various areas of protection.

Below, I'll share some of the most crucial ones.

Donors are the lifeblood of any nonprofit organization. To sustain their ongoing support, nonprofits must communicate transparently and accurately with them. Donors need to see that their funds are being put to good use and understand how their donations are being spent. Effective communication gives donors confidence in the organization’s mission and sustains increasing support. Additionally, knowing what and how much to report is crucial for ensuring compliance in reporting.

Finally, it's important to be aware of the various regulations governing charitable giving. These could include rules around solicitation, donor privacy, and tax deductions. For example, some states require nonprofits to register before they can solicit funds from residents.

Other rules may apply depending on the nature of the donation. For example, gifts of tangible personal property may be subject to different rules than cash donations. Keeping abreast of regulations in different Nonprofits need to carefully navigate tax- jurisdictions is a crucial aspect of any program. exempt status to avoid issues with the IRS. A nonprofit's Non-profit organizations play a vital role in the ability to enjoy tax-exempt status depends on whether it meets certain criteria, including having an exclusively well-being of societies, and it's our responsibility to charitable purpose, not distributing any profits to ensure that they're able to continue their great work. private individuals, and not engaging in prohibited As a law student at The University of Tulsa College of political activity. Failure to comply with these criteria Law, I am proud to be part of that support system. can result in tax liabilities and penalties.

Secondly, nonprofit organizations often engage in commercial transactions with other entities, such as suppliers, vendors, and partners. These transactions require contracts that protect the organization's assets and interests. Nonprofits must ensure that their contracts are legally binding and enforceable, with clear terms and conditions. Failure to do so can result in costly litigation and damage the organization's reputation.

Editor's Note: The December 2023 issue of Tulsa Lawyer featured the article, McAfee & Taft Off the Record: A Student's Perspective on Finding Balance in Law, by Rachel Burrell. We failed to note that Rachel is a student at the University of Tulsa Law School. We are pleased to be able to showcase these law school students and their writings.

Tulsa Lawyer 15

Community Outreach The Outreach Committee raised approximately $500 at the November Eat Out for a Cause supporting the Fostering Joy Holiday program. The committee doubled its match for a total donation of $1,500 given to support kids in foster care this holiday season. The Children & the Law sponsored fourteen families in this year’s Holiday Challenge.

The committee would like to thank these members, supporters, and friends who participated in this year’s challenge:

Charney Brown LLC Conni Werther and Aycock & Aussenberg Franden, Farris, Quillin, Goodnight, Roberts & Ward GableGotwals The Godsby & McGuire Families Jennifer DeAngelis Jennifer Struble and Coffey, Senger, and Woodard, PLLC McDaniel Acord, PLLC Susan Jones Marcia Scott Maren Lively, Morgan Smith, and Jones Gotcher Mary Clement Michael Smith and Smolen Law Michael & Michelle Taubman Family Stephanie & Benny Jackson

Lawyers Helping Lawyers Monthly meeting led by a Lawyers Helping Lawyers Committee member. The small group discussions are intended to give group leaders and participants the opportunity to ask questions, provide support and share information with fellow bar members to improve their lives – professionally and personally.

Tulsa Meetings are held 5:30-6:30 p.m. on the second Thursday of each month at the office of Scott Goode, 1437 S. Boulder Ave., Ste. 1200, Tulsa. scottbgoode@gmail.com Oklahoma City Meetings are held 6-7:30 p.m., Visit okbar.org for dates or email debraj@okbar.org. In-person meetings in Oklahoma City are held at the office of Tom Cummings, 701 NW 13th St., Oklahoma City. The group will also meet virtually at the same time using BlueJeans.

Email debraj@okbar.org for login information.

A new year is a good time for a new perspective.

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HOLIDAY CHALLENGE

Tulsa Lawyer 17

The Corporate Transparency Act: What It Means For Your Company and FAQ On January 1, 2021, the National Defense Authorization Act (NDAA) was approved by Congress. Part of the NDAA is the Corporate Transparency Act (CTA).[1] The law goes into effect on January 1, 2024, and will have a significant impact on companies of all sizes and industries. This article explains what you need to know about the CTA and what you and your lawyer should be prepared to do in January.

What Is the Corporate Transparency Act? Primarily intended to make it harder to operate shell companies for illicit purposes, the CTA requires more beneficial ownership transparency. This transparency will help law enforcement detect, prevent, and punish terrorist funding, money laundering, selling narcotics, sex trafficking, and other criminal conduct.

Per the CTA, “reporting companies” and their beneficial owners must register with the U.S. Department of Treasury's Financial Crimes Enforcement Network (FinCEN). FinCEN will create and maintain this nationwide database of owners, managers, and company applicants.[2]

•

A “foreign reporting company” is any entity that is a corporation, limited liability company, or other entity, formed under the law of a foreign country, and is registered to business in any State or tribal jurisdiction by a filing with the secretary of state or similar office.[3]

However, these definitions are not as clear as one would hope, and there is some uncertainty around the requirements for entities that are not created through filings at a secretary of state.

According to the Notice of Proposed Rulemaking, this definition likely includes most limited partnerships, limited liability partnerships and limited liability limited partnerships. Entities such as business trusts, sometimes referred to as statutory trusts, are seemingly included, as they are established by statute and involve a secretary of state filing in states like Delaware.[4] However, in other states, like Oklahoma, the formation of a business trust involves the submission of the trust instrument (or a memorandum of trust) to the county clerk in the trust’s location, along with a copy to the Oklahoma Tax Commission.

What Is a Reporting Company?

[5]

Any organization that qualifies as a “reporting company” under the CTA must register with FinCEN:

Also missing from the definition of covered entities are series limited liability companies. Currently, 30 states allow for series LLCs; of those, only 15 have public registration of the series individual cells, with 13 requiring public registration. Oklahoma is one of the states that has allowed for series LLCs, but it does not require public registration of the individual cells, merely that they are established in the operating agreement.[6] Whether the individual cells fall under

•

A “domestic reporting company” is any entity that is a corporation, a limited liability company, or created by the filing of a document with a secretary of state or any similar office under the law of a State or Indian tribe.

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the definition of a reporting company is an open question, as they are not created by a filing with the secretary of state.

Lastly, there is no exemption for law firms. So, unless another exemption applies, law firms like Sherwood, McCormick, & Robert may be considered a reporting company and have to file with FinCEN.

Who Must Be Reported to FinCEN? Along with information about the reporting company, each reporting company must provide the personal information of at least one “beneficial owner” and one “company applicant” to FinCEN.

Beneficial Owner An individual is a beneficial owner if they either: exert substantial control over the reporting company or possess or manage at least 25% of the reporting company’s ownership interests.[7]“Substantial control” can be either direct or indirect and is defined as owning a majority stake in the reporting company, having considerable control over financing deals, holding a senior officer or board member position within the company, and similar.[8] There are various scenarios where a person could be seen to have substantial control over the reporting company.[9] In the case of a beneficial owner who owns or controls a minimum of 25% of the reporting company’s ownership interest,[10] the proposed regulations do not offer methods for calculating beneficial ownership on a pass-through basis if there are multiple layers of investors.

Company Applicant Reporting companies are obligated to disclose information about every individual who submits an application to form an entity or registers an entity to do business in the United States. Which also encompasses “any individual who is primarily responsible for directing or controlling the filing if more than one individual is involved in the filing of the document.”[11] For example, an attorney who assumes the role of an incorporator for the reporting company may be considered a company applicant. As a result, their personal information could be in the CTA database.[12]

Which Organizations Are Exempt?

There are 23 types of exempt entities under the CTA, meaning they won’t have to file with FinCEN. These include, but are not limited to: • •

Securities and Exchange Commission reporting companies Government authorities

• • • • • • • •

Public utilities Investment companies and advisors Banks Bank holding companies Credit unions Insurance companies Tax-exempt entities[13] Entities whose ownership interests are held, either directly or indirectly, by exempt entities[14] (Note this is restricted to subsidiaries entirely owned by an exempt entity.[15])

What Are the Filing Requirements For the CTA Report?

Your company will file its report via a secure, online portal… which isn’t available yet. When it is live, you’ll be notified and can then proceed.

The report to FinCEN will include the reporting company’s: • • • • • •

Legal name Trade name or “doing business as” Business address State or tribal jurisdiction[16] Taxpayer identification number Employer identification number[17]

Also, every beneficial owner must submit their legal name, date of birth, and current address. “Current address” is defined as the business address for a company applicant and residential address (the one used on their taxes) for a beneficial owner or management.

Additionally, both company applicants and beneficial owners must submit identification, such as a passport, state driver’s license, or another form of identification issued by a state, local government, or Indian tribe.[18] Organizations that need to submit multiple filings can obtain a FinCEN identifier number.[19]

What Is the Timeline for Filing?

On November 29, 2023, FinCEN extended the deadline for certain reporting companies to file their initial beneficial ownership information (BOI) reports. Reporting companies created or registered in 2024 will have 90 calendar days from their formation date to file their initial reports. Previously, it was 30 days.[20] (Note that FinCEN will not accept BOI reports from reporting companies until January 1, 2024—no reports should be submitted to FinCEN before that date.)

Reporting companies formed prior to January 1, 2024, must file the beneficial ownership report by January 1, 2025.[21] However, there is no requirement for companies formed before January 1, 2024, to include company applicant information.

Tulsa Lawyer 19

If there are any changes in beneficial ownership, you must update your report within 30 days.[22]

Who Can Access the FinCEN Database?

The database containing beneficial ownership information will not be publicly accessible. Information from the database will only be obtainable upon request by: • • • •

Federal law enforcement agencies State, local, or tribal law enforcement agencies, if granted via a court order Federal agencies on behalf of a foreign country, if under an international agreement Financial institutions for customer due diligence, if approved by the reporting company[23]

What Are the Penalties for Noncompliance?

ownership 14 calendar days to correct it once the reporting company realizes the error. This provision applies if the individual did not intend to evade the reporting requirement, did not know of the error, and corrects the error within 90 calendar days after the report is submitted.[25]

Be Ready for January To prepare for the CTA’s enactment on January 1, 2024, reporting companies and beneficial owners should start collecting information about the reporting company and beneficial ownership immediately.

Your attorney can help you prepare for the filing and determine what safeguards need to be put into place for the reporting company itself, as well as the beneficial owners and company applicants.

The CTA imposes civil penalties of up to $500 each day, up to $10,000 if the violation persists.[24] That being said, you won’t be financially on the hook for a typo. The CTA includes a safe harbor provision, which gives individuals who file incorrect information about beneficial

[1] NDAA for Fiscal Year 2021, https://bit.ly/3U3yCRj. [2] NDAA §6403(a).

[3] NDAA §6403(a)(11)(A); 31 C.F.R. §1010.380(c)(1).

[4] Department of the Treasury, Financial Crimes Enforcement Network (FinCEN), Notice of Proposed Rulemaking, 31 C.F.R. § 1010, RIN 1506AB49, Beneficial Ownership Information Reporting Requirements, 86 Fed. Reg. 81094 (Dec. 8, 2021).

[5] 68 OK Stat §68-1211 (2014).

[6] 18 OK Stat §2054.4 (2022).

[7] Ownership interest is defined quite extensively, including; equity like

shares in a corporation or interests in a limited liability company, as well as formal documents that create equity, like profit interests, convertible debt, warrants, or options granting the right to gain equity, capital, or other interests. 31 C.F.R. §1010.380(d)(3). There is an incomplete number of examples to highlight that individuals can in different ways acquire or oversee ownership interests. Id. §1010.380(d)(3)(ii).

[8] Such as: the nature, scope and attributes of the business of the

reporting company, including the sale, lease, mortgage or other transfer of any principal assets of the reporting company; the reorganization, dissolution or merger of the reporting company; major expenditures or investments, issuances of any equity, incurrence of any significant debt or approval of the operating budget of the reporting company; the selection or termination of business lines or ventures or geographic focus of the reporting company; compensation schemes and incentive programs for senior officers; the entry into or termination or the fulfillment or nonfulfillment of significant contracts; and amendments of any substantial governance documents of the reporting company, including the articles of incorporation or similar formation documents, bylaws and significant policies or procedures. Id. §1010.380(d)(1)(iii).

[9] Id. §1010.380(d)(1), (d)(2).

[10] Id. §1010.380(d)(3)(iii).

[11] 31 C.F.R. §1010.380(d)(3)(iii) This may include workers of business

formation services, law firms, associates, agents, or even family members, who file documents for another individual.

20 Tulsa Lawyer

[12] A lawyer who oversees the filing process will still be defined as an applicant even if they have their client sign. Lawyers who form entities must make the determination whether the reporting company or themselves will be responsible for the filings. If a lawyer opts to file, they must maintain formation documents so that they may file reports.

[13] NDAA §§6403(a)(11)(B); 31 C.F.R. §1010.380(c)(2). Additionally, the CTA allows with the agreement of the Secretary of the Treasury, Attorney General, and the Secretary of Homeland Security, to identify further exclusions for specific entity types. Although, it is not expected that there will be more exemptions.

[14] 31 C.F.R. §1010.380(c)(2)(xxii).

[15] The rationale behind this limitation is to prevent partially owned entities from becoming exempt and potentially concealing information about their beneficial owners.

[16] In the case of a foreign reporting company, the jurisdiction where the

entity was formed.

[17] 31 C.F.R. §1010.380(b)(1)(i).

[18] Id. §1010.380(b)(1)(ii).

[19] To avoid the need to file multiple updated reports, any changes made to the original filing should be applicable to everything filed by the identifier number holder.

[20] https://www.fincen.gov/news/news-releases/fincen-extends-deadlinecompanies-created-or-registered-2024-file-beneficial [21] Id. §6403(b)(1)(B); 31 C.F.R. §1010.380(a)(1)(iii).

[22] Id. §6403(b)(1)(D). Such as: after the initial filing obtaining exemption, alterations in the address of current beneficial owners or company applicants, and the addition of beneficial owners or company applicants. 31 C.F.R. §1010.380(b)(4).

[23] NDAA §6403(c)(2)(B).

[24] Id. §6403(c)(3)(A).

[25] Id. §6403(c)(3)(C); see also 31 C.F.R. §1010.380(a)(3). A report with

the correct information submitted within a fourteen (14) time period will be considered compliant with 31 U.S.C. 5336(h)(3)(C)(i)(I)(bb) if it is submitted within ninety (90) calendar days from filing of the defective report.

ABOUT THE AUTHOR Michael Anderson focuses on nonprofit foundations/organizations formation and compliance, business transactions, and personal injury.

While at the University of Tulsa College of Law, he received a Health Law Concentration. Prior to attending law school, Michael was active on Oklahoma State University’s campus, involved in a multitude of leadership and civic organizations including the Oklahoma State Cowboy Marching Band, Oklahoma State Spirit Band, and National Society of Leadership and Success. He is also a member of the Sons of the American Revolution organization.

Education • Oklahoma State University, Bachelor of Arts, Philosophy • Oklahoma State University, Minor, English • University of Tulsa College of Law, Health Law Concentration Bar Admissions • Oklahoma Bar Association • Cherokee tribal court • Choctaw tribal court Professional Organizations • Hudson Hall Wheaton Inns of Court • Oklahoma State Alumni Association

Tulsa Lawyer 21

Celebrating 100 Years of Excellence:

The University of Tulsa College of Law’s Centennial Journey Nestled in the heart of Tulsa, Oklahoma, The University a commitment to equality and progress that endures to of Tulsa College of Law has reached a remarkable this day. milestone – its centennial year.

From pioneering clinical legal education in the 1930s In the realm of legal education, few institutions have to embracing the digital era, the College’s legacy as rich and impactful a history as the College of Law. is one of innovation and adaptability. The faculty’s On this milestone, the College proudly reflects on a dedication to comprehensive legal education has led to century of achievements, from nurturing exceptional groundbreaking research initiatives, legal aid programs, legal minds to fostering a commitment to community and a vigorous curriculum that equips students with the engagement and producing alumni who have made skills and knowledge they need to tackle modern legal indelible marks on the world stage. challenges.

A Legacy of Excellence

Modest Beginnings: From Oil Fields to Courtrooms

“Our commitment to cultivating the best legal minds is reflected in every graduate who steps into the world, armed with the skills, ethics, and determination to make a meaningful impact.” - Dean Oren Griffin

In 1923, Tulsa, Oklahoma was buzzing with the discovery of the Glenn Pool oil field, which triggered a massive boom in business. Local indefatigable, civicminded attorneys seized the moment and founded what is now The University of Tulsa College of Law.

Since its inception, The University of Tulsa College of Law has stood as a beacon of legal scholarship, equipping generations of students with the tools they need to succeed in the dynamic field of law. Over the past 100 years, the College’s dedication to providing the best possible experience for its students has been unwavering. Its commitment to academic rigor, practical training, and ethical standards has enabled graduates to excel in diverse legal careers around the globe.

Prior to its formal integration into the University of Tulsa in 1943, the College’s journey unfolded within the halls of Tulsa’s Central High School, where practicing attorneys embraced a demanding schedule, teaching evening classes while navigating the demands of their daytime legal commitments. The challenges posed by this dual commitment were considerable, yet the faculty’s unwavering dedication to nurturing exceptional legal minds shone through, and in 1953, the It is essential, however, to acknowledge the complex College achieved a major milestone: accreditation by web of challenges that America and the nascent College the American Bar Association. This recognition marked of Law faced a century ago. While the country had the College’s ascent into the top tier of legal education. taken the monumental step of abolishing slavery a mere 60 years prior to the law school’s founding, the deep- Investing in the Future: Creating Inspiring Learning rooted injustices it had sown were far from rectified. Spaces This period was characterized by significant social and political upheaval. Notably, the Tulsa Massacre As the College marks its centennial, it’s not only struck a devastating blow close to home, leaving the celebrating its past achievements but also looking ahead to a future filled with promise. The Mabee Legal Greenwood District in ruins.

Information Center, a stunning addition to the College’s Meanwhile, Women’s Rights were struggling for infrastructure, stands as a testament to its commitment recognition, facing significant hurdles. Yet, it’s to providing students with state-of-the-art resources noteworthy that the University of Tulsa College of Law and highlights the College’s astounding evolution from consistently admitted women. This inclusivity served the days when the law library was relegated to a corner as a ray of hope in an otherwise dark period, signifying of the Tulsa County Courthouse across town.

“The Mabee Legal Information Center exemplifies the College of Law as a whole: modern, open, welcoming, conducive to learning, service-oriented, and able to adjust with the times. It is the product of the efforts of many persons who helped build and maintain it and, like other parts of the College of Law, helped it adjust to changes in legal education and the legal profession…”

- Dean M. Thomas Arnold The planning of this remarkable information hub involved finding an architect with a particular passion for designing learning-centric and community-oriented spaces. This meticulous attention to detail underscores the institution’s dedication to staying at the forefront of legal education and ensuring that students have access to the tools they need to thrive.

equips students with the experiential tools necessary to excel in their future legal careers.

Legal Clinics The College’s legal clinics are another vital facet of its experiential approach. These clinics aren’t just classrooms; they’re dynamic spaces where students roll up their sleeves and make a difference in the community.

“In an era where the path to citizenship seems like an insurmountable journey, our immigration clinic stands as an essential beacon, guiding individuals through a maze of complexities and offering a path toward a better future.”

- Dean Janet Levit

Nurturing Future Leaders: Experiential Learning Whether it’s the Tulsa Immigrant Resource Network at its Finest (TIRN), where aspiring lawyers provide invaluable “We were put in safe spaces where – through trial legal support to immigrants under the guidance of and error – we were able to master our skills and get seasoned faculty, or the Terry West Clinic, which comfortable with the trial process. Suddenly, legal tirelessly extends a helping hand to underrepresented practice was familiar, and we had the confidence to individuals facing daunting legal challenges, each dive headfirst into the heart of our craft and focus on clinic is a pillar of practical learning and social justice what drives real change. I owe my entire career to advocacy. not just observing but actively participating in trial In the realm of criminal justice, the Public Defenders’ scenarios.”

- Robert Wilhite, University of Tulsa College of Law Clinic ensures that no individual faces the complexities of the legal system alone. It champions fairness, Graduate 2005 ensuring those facing criminal penalties are treated justly and equitably.

Externship Program Central to the College’s philosophy is the belief that legal education extends beyond textbooks and lectures. The institution places a strong emphasis on experiential learning, ensuring that students are not only well-versed in theory but also adept at applying legal principles in real-world scenarios.

The College of Law’s externship program is a testament to this commitment. Going beyond traditional internships, the program provides students with immersive experiences in legal settings, collaborating closely with nonprofit organizations. This approach

“Our legal confidence soared because of hands-on practice and implementation. We didn’t just learn from theory and observation – through the B.C. Franklin Legal Clinic, we learned from real people and real experiences, impacting lives by our decisions.”

- Nicole Mathews, University of Tulsa College of Law Graduate 2023 Another great achievement is the B.C. Franklin Legal Clinic, a living embodiment of the College’s commitment to community service. This clinic takes up the mantle of B.C. Franklin’s legacy, an important figure Tulsa Lawyer 23

who in the aftermath of the Tulsa Massacre, worked tirelessly to defend the rights of victims, exemplifying resilience in the face of adversity. The clinic aims to continue his legacy by providing guidance and support to community members navigating everything from custody battles to property disputes, epitomizing the College’s dedication to community service.

Moot Court A pivotal aspect of legal education, The University of Tulsa College of Law’s moot court simulates appellate court proceedings, allowing students to argue cases and hone their oral advocacy skills. These exercises mirror real-world legal practice, offering students the opportunity to construct compelling legal arguments and present them before panels of mock judges.

The College’s commitment to community engagement reached new heights when the Oklahoma Court of Criminal Appeals visited the university in October 1994 and again in January 1995. During these visits, the court held actual cases in the moot courtroom. The five judges presided over significant cases, including a death penalty case that underscored the gravity of their work. The moot courtroom was filled to full capacity on both occasions, providing an invaluable experience for students and spectators alike. Witnessing actual court proceedings and observing judges in action bridged the gap between theoretical learning and practical application, leaving a lasting impression on everyone involved.

Notable Alumni: Champions of Justice The College’s alumni network boasts luminaries who’ve left an indelible mark on the legal profession and beyond. Alumnus Justice Dana Kuehn, currently serving on the Oklahoma Supreme Court, embodies this impact through her thoughtful legal decisions.

Her rulings in cases involving community well-being, environmental protection, and social justice have positively affected the lives of countless individuals.

Her dedication to upholding justice and preserving the rule of law underscores the institution’s commitment to nurturing principled leaders who make a difference in their communities.

24 Tulsa Lawyer

“The Fern L. Holland Award stands as a beacon, igniting the spirits of collegiate women who embody Fern’s unyielding passion for shaping a better world and inspiring us all to carry forward Fern’s legacy of making an indelible mark on the tapestry of society.”

- Dean Lyn Entzeroth Fern Holland, a 1996 graduate, stands out as a shining example of the College’s mission in action. After leaving Tulsa, she joined the Peace Corps and later served with the United States Agency for International Development (USAID), investigating human rights abuses under Saddam Hussein’s regime. Her tragic death while advocating for justice in Iraq serves as a poignant reminder of the importance of the work carried out by the College’s alumni.

A Century of Impact “As we celebrate our centennial, we honor the legacy of those who’ve come before us while shaping the path for those who will follow, ensuring the next century of legal excellence.”

- Dean Martin Belsky The University of Tulsa College of Law’s centennial celebration is not just a commemoration of its history but a recognition of the profound impact it has had on the legal landscape and society at large. From its early days to the present, the College’s commitment to nurturing the best legal minds, promoting community engagement, and fostering a culture of excellence continues to shape the future of the legal profession.

As it embarks on its next century, the College remains dedicated to preparing students to navigate the complex legal challenges of tomorrow with the same passion and determination that have defined its first 100 years.

You can learn more about our storied history throughout the year by connecting with us through our social media channels or visiting us at law.utulsa.edu.

Two spacious offices available in South Tulsa.

Located in Jenks about 15 minutes from the Tulsa County Courthouse (depending on traffic that day) and a stone's throw from Highway 75 and the Creek Turnpike. The office building is across the street from the South Lakes Golf Course right off of Elwood and Main Street in Jenks. The offices come with a common area, a conference room, his and her bathrooms, kitchenette, and limited storage. If interested, please feel free to call Brian Swenson at: (918) 481-5898.

Tulsa Lawyer 25

Tulsa Lawyer 27

TCBF GOLF COMMITTEE ANNOUNCES 2024 TOURNAMENT The Tulsa County Bar Foundation is excited to announce its 2024 Charity Golf Tournament is scheduled for Monday, March 25th, 2023, at Meadowbrook Country Club’s par-71, 6,741-yard championship golf course. We hope you can join us for this long-standing event that has benefited many local charities.

As you are planning your budget for 2024, we would sincerely appreciate your support for our tournament, which provides critical financial funding for worthy charitable beneficiaries. Proceeds from the 2024 tournament will benefit the Iron Gate, Tulsa Lawyers for Children, and Coffee Bunker.

As a leader in the community, we know you understand the need to take an active role in supporting area non-profits. Participating in this golf tournament will not only see your sponsorship go back into the community, but it will also allow you to network with other players,

TCBF NOTICE

According to the Tulsa County Bar Foundation Bylaws, the Board of Trustees shall cause an annual report to be made to members. Article VII, Section III states the annual report may be distributed at the annual meeting or published in the Tulsa Lawyer.

These are published on pages 30-33 of this issue of Tulsa Lawyer.

This report is for the 2022-23 fiscal year.

28 Tulsa Lawyer

sponsors, and guests. Sponsors are also recognized in the Tulsa Lawyer magazine, the official publication of the Tulsa County Bar Association, which is shared with approximately 2,000 attorneys. Sponsor information will also be posted on the TCBA website and all event signage.

Please get in touch with Tami Williams at the Tulsa County Bar Association at 918-584-5243 or tamiw@ tulsabar.com for more information. We hope to see you, your employees, friends, and colleagues for a game of golf, food, and fellowship . . . all for the betterment of the Tulsa community.

Sincerely,

Billy Duncan and Michael Thelen TCBF 2024 Golf Tournament Co-Chairs

Mark Your Calendar!

Tulsa Lawyer 29

Tulsa County Bar Foundation 2022-2023 Financials

Tulsa Lawyer 31

32 Tulsa Lawyer

Grapevine News Baum Glass Jayne Carwile & Peters is pleased to announce that Taylor A. Burke and Nicole Mathews have joined the firm.

Burke will continue to practice in the areas of complex estate, trust, and business litigation, probate, guardianships, estate planning, family law, and political related matters. Burke has a statewide practice and has been involved in many notable cases in state and federal court during his 17-year career.

“I am pleased to continue growing my practice with this special firm,” said Burke. “I have been involved in widely diverse disputes in my career and that informs my advice to clients. Understanding how estate plan documents should be drafted and how business entities are properly formed makes a significant difference in my advice to clients in my more complex litigation matters.

In the same vein, having tried challenging cases in many different courts helps me assist clients in unique ways.

This firm gives my clients a great platform for resolving complex disputes.”

Burke is a 2006 graduate of the University of Tulsa College of Law and a fourth generation Tulsan.

He is active in the Hudson Hall Wheaton Inn of the American Inns of Court and numerous other community, education, and church related volunteer positions. He also chaired the successful campaign for Tulsa County District Judge Kevin Gray in 2022.

Mathews was admitted to practice in September and has since been admitted to each Oklahoma Federal District Court as well as the 10th Circuit Court of Appeals and she is a member of the Council Oak/Johnson-Sontag Inn of Court.

Mathews is a double alumnus of the University of Tulsa (TU). In 2020, Mathews graduated Magna Cum Laude with honors and a Bachelor of Arts degree in Political Science. Then, in 2023, Mathews earned

In Memory of....Deloris " Dee" Crawford Dee was born in Kansas City, KS, and she spent her early years in Everton, MO. She moved with her family to Oklahoma at age 13, attending Sapulpa High School. Dee demonstrated a passion for basketball, and she excelled equally on the court and in the classroom.

Dee obtained her Bachelor of Science degree, and she earned her Juris Doctor in 2000. During her legal career, Dee worked in private practice before joining the Office of the Public Defender for Tulsa County, and she devoted her legal career to advocating in our juvenile justice system for parents and children who could not speak for themselves. As foreshadowed by her early years on the basketball court, her passion in the courtroom for her clients was evident in each case she undertook. Friends and colleagues reflected on Dee, remarking that: “Dee was a fierce parent attorney until cancer consumed her. She became a benevolent children's attorney for the Tulsa County Public Defenders office in the past few years. Using all her energy to reunify families when possible. Dee and I shared a wonderful friendship and collegiate relationship. We fought hard for parents and children side by side and I have amazing memories of her.” – Gwen Clegg 34 Tulsa Lawyer

"Dee was one of those truly genuine people. She was always ready to help, regardless of her work load. She was funny, smart, kind, and courageous.

She never lost her edge or her sense of humor, even as her fight came to an end. The world lost a great person and we lost a great friend." – Matt Day

“Dee was a wonderful friend, colleague, and mentor.

When someone’s light shines so brightly during their life, the absence of it weighs all the heavier on those who have had the privilege of standing in it. She is gone but will live on through the hearts of her friends, through the legacy of laws she helped shape, and through the impact she has had on those she mentored. She is gone but never forgotten.” – China Matlock In addition to her sisters and brothers, Dee is survived by her son, Christian, whom she loved deeply and instilled her passion for growing food in their garden. She was a friend, mentor and colleague to many in our legal community, and her service at the Family Center for Juvenile Justice will be greatly missed.

August 27, 1967 - November 25, 2023

her Juris Doctorate with highest honor. Throughout her tenure at TU, Mathews has consistently achieved academic excellence, reflected in her repeated inclusion on honor rolls and in honor societies. In Nicole’s final year of law school, she worked for TU’s Buck Colbert Franklin Legal Clinic, serving north Tulsa residents and businesses pro bono, where she was awarded the Clinical Legal Education Association Outstanding Student Award.

At Baum Glass Jayne Carwile & Peters, Mathews’ practice includes contract litigation, business transactions, probate, medical malpractice, and other complex litigation with an emphasis on research and writing.

The Tulsa law firm of Atkinson, Brittingham, Gladd, Fiasco & Edmonds announces that Kirsten L. Palfreyman has become a partner in the firm.

Kirsten L. Palfreyman graduated from the University of Tulsa College of Law and Collete of Business in 2011, after earning a B.S. in business management from Oklahoma State University in 2004.

While in law school, she completed internships with the Honorable Judge Linda Morrissey of Tulsa County District Court and the Honorable Judge Deborah Barnes of the Court of Civil Appeals.

Ms. Palfreyman is a member of the Oklahoma Bar Association and currently practices in the area of civil litigation with an emphasis in research.

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Submission, Grapevine & Advertising Information Visit 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 tamiw@tulsabar.com

STEIDLEY & NEAL, PLLC,

is seeking an associate attorney with a minimum of 2 to 5 years of experience for its Tulsa office.

Competitive salary and benefits commensurate with level of experience. Looking for a motivated candidate interested in all aspects of civil litigation, including some research and writing, with an emphasis in insurance defense.

Applications will be kept in strict confidence.

Send resume, references, and salary requirements to Steidley & Neal, located in CityPlex Towers, 53rd Floor, 2448 E. 81st St., Tulsa, OK, 74137, attention Ruth Miley, Legal Administrator or via email rem@steidley-neal.com

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.

Tulsa Lawyer 35

2023-2024 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 Membership Director CLE, Sections & Committees Heather Heck heatherh@tulsabar.com Ext. 1001

Front Desk Coordinator

General Inquiries

frontdesk@tulsabar.com Ext. 1000 Accounting accounting@tulsabar.com

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.....................................................................Mike Esmond Past President...............................................................Philip Hixon President-Elect....................................................Stephanie Jackson Vice President......................................................Michael Taubman Secretary....................................................................... Lizzie Riter Treasurer..................................................................... Austin Birnie Budget/Internal Operations.......................................Barrett Powers Foundation President ..................................................Justin Munn Director at Large (1) Large Firm.................................Austin Birnie Director at Large (2) Large Firm................................ Natalie Sears Director at Large (1) Medium Firm.........................Jennifer Struble Director at Large (2) Medium Firm..................................Kara Pratt Director at Large (1) Small Firm............................Linda Morrissey Director at Large (2) Small Firm..................................Mark Smith Director at Large (2) Public Sector.................. Judge April Seibert ABA Delegate............................................................. Molly Aspan OBA Delegate................................................................Rick White Library Trustee (1)..................................................... Kim Vojvoda Library Trustee (2)........................................................ Julie Evans Presiding Judge .......................................... Hon. Doug Drummond Chief Judge, U.S. District Court ...................Hon. John F. Heil, III Chief Judge, Tulsa Municipal Court..........Hon. Gerald Hofmeister TU Law School Student Representative ..............Taylor Williams TU Law School Representative..................................Natalie Leone

YOUNG LAWYERS DIVISION BOARD

YLD Chair.........................................................Colton Richardson YLD Chair Elect...................................................Lacy Williamson YLD Vice President........................................................Kyle Trice YLD Treasurer......................................................Pierre Robertson YLD Secretary..........................................................Kaia Kennedy

FOUNDATION APPOINTMENTS

Law Day Co-Chairs ..............Tana Van Cleave and Mary Clement Community Outreach................................................ Ashley Webb Golf Co-Chairs..............................Billy Duncan & Michael Thelen Scholarship Chair........................................................Randy Lewin

FOUNDATION

President.....................................................................Justin Munn Vice President...........................................................Billy Duncan Treasurer...........................................................Catherine Hoopert Trustee........................................................................Jim Gotwals Trustee...........................................................................Ann Keele Trustee..........................................................................Rick White Trustee...............................................................Michael Taubman Trustee.........................................................................Lizzie Riter Trustee.......................................................................Chad McLain Trustee........................................................................Kara Vincent TCBA President.......................................................Mike Esmond TCBA Pres. Elect..............................................Stephanie Jackson

COMMITTEE CHAIRPERSONS

Access to Justice...............................................Pansy Moore-Shrier Animal Law..................................................... ..........Katy Inhofe Bench & Bar........................................................Kevinn Matthews Bench & Bar Co-Chair..................................... ........Diana Cupps Children & the Law.......................................................Lizzie Riter Children & the Law Vice Chair..........Timothy Michaels-Johnson CLE..................................................................Pansy Moore-Shrier Diversity................................................................................TBA Fee Arbitration.............................................................Scott Savage Law Related Education / Street Law.............................Co-chairs .......................................................Pierre Robertson , Kara Vincent Lawyer Referral............................................... .........Karen Wilkins Membership Services.......................................................Kara Pratt Mentoring......................................................... ........Shena Burgess Military/Veterans ............................................. ......Mitchell Garrett Military/Veterans Co-Chair.............................. ...Hon. David Guten Nominations & Awards.................................... ...........Philip Hixon Pro Bono................................................................. Mac Finlayson Professionalism................................................ .............Rick White Public Relations/Social Media ..................................Collaborative Special Events.................................................. ..........Natalie Sears Tulsa Lawyer.................................................... ...Michael Taubman Young Lawyers Division...................................Colton Richardson

SECTION CHAIRPERSONS

ADR/Mediation...........................................................Diana Cupps Bankruptcy....................................................... ..Hon. Paul Thomas Business/Corporate..........................................Whitney Humphrey Criminal Law................................................... ............Daniel Levy Energy & Mineral Law.............................................Buford Pollett Employment Law............................................. ........Jessica Vaught Family Law............................................Anastasia Krich-Mahoney Family Law Co-Chair...................................... ....Jordan Dalgleish Health Law....................................................... ...............................

Juvenile Law.................................................... .............Lizzie Riter Juvenile Law Co-Chair.........................Timothy Michaels-Johnson Litigation.....................................................................Melissa East Municipal Law........................................................................Open Paralegals/Legal Assistant....................................Kathryn Keener Paralegal /Legal Assistants Vice Chair.....................Gloria Jones Probate/Estate/Elder.........................................................Co-chairs ....................................... ...................Kelly Jones, Phillip Jennings Solo/Small Firm .......................................................Mary Clement Tax............................................................................John Gotwals Technology .....................................................Pansy Moore-Shrier Workers Comp...........................................................Valerie Evans * Section Chairs will be updated as positions are filled

Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119