April 2018 Tulsa Lawyer by Tulsa County Bar Association

A Message from

Christina Vaughn

2017-2018 TCBA President

TCBA SLATE OF OFFICERS CANDIDATE FILING & NOMINATIONS PERIOD ANNOUNCED

Don't Miss This Special Film Presentation

"100 Years"

In this Issue TULSA LAWYER

April 2018

Judicial Dinner 2018 - Great Success!

Judicial Celebration in Review

Why I'm a Lawyer: Kara Geuel and Jim Milton

13 Law Week Luncheon - May 1st

Make your reservations now!

14 Book Review by Judge Martha Rupp Carter A Brilliant Solution: Inventing the American Constitution by Carol Berkin 19 Annual Charity Golf Tourney! May 7th Tee Time 20 Children & the Law Drive Natalie Sears, Chair 22 Law Week Events - Mark Your Calendars 24 Coming in May Member Appreciation Month 25 Ask-A-Lawyer 26 Law Day Book Club Announced 29 Grapevine 31 Classifieds

@tulsabar Tulsa Lawyer 1

A Message from the President

Christina M. Vaughn Teamwork, Volunteers and Diversity Leading to Success Greetings TCBA members and happy Spring! We at the TCBA spent the early part of 2018 hustling to get ready for the Judicial Dinner, which I am happy to report was a great success. I had the pleasure of giving some opening remarks at the dinner and reported on how the dinner evolved to add a fundraising component. The idea of using the dinner as a fundraiser was the brainchild of then TCBA President E. Zach Smith, who was aware of the need being experienced at the Tulsa County Courthouse due to ongoing State budgetary issues and saw a way to help. So, in 2016, the Judicial Dinner, for the first time, served not only to celebrate the new Tulsa County Presiding Judge and the Tulsa County Judiciary, but also to raise much needed funds for the Tulsa County Courthouse. The TCBA and TCBF continued that new tradition with this year’s Judicial Dinner. Although it shouldn’t be a surprise, I am continually amazed by the phenomenal generosity that is shown by Tulsa area law firms and TCBA members. The Judicial Dinner was another example of the generous spirit that permeates our community. If you are all aflutter with anticipation of knowing the grand total raised at this year’s Judicial Dinner, you can slake your thirst for that knowledge by reading the announcement on page five of this issue. I personally want to thank everyone who helped plan and organize the event, the sponsors and those who donated items for the silent auction, those who performed and spoke at the dinner, and all those who attended. Thank you!

2 Tulsa Lawyer

Another of the TCBA’s strengths is the willingness of its members to volunteer their time, energy and skills in service to the organization. I am continually impressed by the quality of leaders that volunteer for and are produced by the TCBA. There is no shortage of work to be done to accomplish the vast number of projects undertaken by the TCBA each year and we are incredibly lucky to find such a talented and selfless pool of volunteers willing to take on the responsibility. I am hoping that the upcoming year will be no different. Later in this issue you will find an announcement concerning the candidate filing/nominations period for the 2018-2019 TCBA officer and director positions. Except for the position of President Elect, each of the positions up for election is open to any TCBA member. The President Elect position is open to any TCBA member who has, at some point, served at least one year on the TCBA Executive Committee. All persons who meet these qualifications and either self-nominate or are nominated by someone else will appear on the ballot in June. The current TCBA Board of Directors is comprised of folks from a variety of walks of life and from across many sectors of our profession. The TCBA is dedicated to representing the full spectrum of our legal community and values diversity in the organization’s leadership. So, if you are looking for an opportunity to get involved in the Tulsa legal community, make a difference, help shape an evolving organization for future generations, make great friends and connections, and develop or enhance

your leadership skills, please consider running for one of the open positions. In addition to the elected positions that are available, TCBA President Elect Ann Keele is in the process of selecting committee chairs for the 2018-2019 year. Serving as a committee chair is a great way to get to know the organization and work on discrete projects that have substantial positive impact on our members and the Tulsa-area at large. If you are interested in serving on or chairing a committee, please contact Ann at ann@monroekeele. com. I am also excited for the upcoming TCBA Membership Month, which is scheduled for the month of May. Membership Month was started last year, under then President Matt Farris as a way to show appreciation to TCBA members and provide fun, no-pressure social gatherings for our members. We already have a full schedule of events and are still considering a few others. The first event is our family friendly Party at the Tulsa Zoo on May 5. The Zoo Party will have a capacity of 150 people. Attendees will have access to the Tulsa Zoo all day, and there will be a catered dinner at 6:00 p.m. Although the time and date are tentative, we expect our next planned event to be a Paint-n-Sip at Pinot’s Palet on Cherry Street on the evening of May 9th. Up next will be our Slueths and Sherlocks Escape at The Safe House Tulsa. This event will be held at

7:00 p.m. on May 11th. We have reserved all seven of the rooms at the venue and anticipate some strong competition taking place. Which team will escape soonest (if at all…)? The following week, on May 15th, we will host a Night at the Ol’ Ball Game. We have reserved a block of tickets for the Drillers game and each attendee will be provided $10 Drillers Dollars to purchase food and/or beverages of their choosing. We have two events planned for the following week. First, on May 23rd, we will hold a Full Stomachs and Minds Ethics CLE & Lunch at the TCBA. Then, on May 24th, we will host Strikes & Grub at the Dust Bowl Tulsa. We have reserved all six of the Dust Bowl’s public lanes for 2 hours and will have food and drink available for attendees. We are still in the process of planning our final event and will provide more details soon. All of the events will be free of charge to TCBA members and their family/guests. Tickets will be made available on a first-come first-served basis. These events are comparable to those that were held last year and each one of last year’s events was fully booked well in advance of the event date. I encourage you to mark your calendars now and stay alert for emails notifying of reservation opening dates. For convenience, we have included a one-page calendar of Membership Month events on page 24 of this issue. Finally, we would love to hear your suggestions for Membership Month events, programs, freebies, etc. Feel free to reach out to me with your suggestions.

I look forward to seeing you at the many events in May.

Sincerely, Christina M. Vaughn TCBA President, 2017-2018

Find a list of TCBA committees and sections on the inside front cover of this issue of Tulsa Lawyer! Tulsa Lawyer 3

4 Tulsa Lawyer

Judicial Dinner 2018 Celebrates The Honorable William J. Musseman, Jr. The Tulsa County Bar Association hosted the 2018 Judicial Dinner on Tuesday, February 27th to celebrate the Honorable William J. Musseman, Jr., presiding judge of the Tulsa County District Court in the 14th Judicial District. The dinner, which honored all of the Tulsa County judiciary, was attended by judges and members of the Tulsa County Bar Association. The dinner also served as a fundraiser to support the Tulsa County judiciary by raising funds for the purchase and repair of needed equipment for the courts. Thanks to Tulsa County Bar members and sponsors, over $27,000 was raised.

After kicking off the program, Christina Vaughn, TCBA President, turned the floor over to Grant Carpenter and Bill Doolittle, Tulsa lawyers with a gift for music. The Honorable William J. LaFortune then shared early memories of Judge Mussemanâ&#x20AC;&#x2122;s career as a prosecutor, before the Honorable Dana Kuehn shared some well-known, and not so well-known, facts about Judge Mussemanâ&#x20AC;&#x2122;s life on the bench and at home. Of course, Judge Musseman took the podium himself to share his appreciation for the support offered him and the Tulsa County judiciary. He noted that financial support from the Tulsa County Bar Foundation previously had allowed for much needed repair and replacement of audio equipment at the courthouse. As the program closed, Christina Vaughn presented Judge Musseman a gavel from the Tulsa County Bar Association to commemorate the evening. Jim Hicks, Tulsa County Bar Foundation President concluded the program by addressing key functions of the Foundation and announcing that over $27,000 had been raised by the dinner and silent auction.

The dinner would not have been possible without the generosity of our sponsors.

Thanks especially to our Platinum & Gold Sponsors

Platinum Sponsors

Graves McLain E. Zach Smith & Associates Gold Sponsors

Barnes Law Hall Estill

Crowe & Dunlevy Gable Gotwals

McAfee & Taft

Thanks also to our silent auction donors including: Christy Caves, Tamera Childers, Kara Pratt, The Honorable Martha Rupp Carter, Kara Greuel, Eric Clark, Catherine Hoopert, Ann Keele, Jim Proszek, Sheila Naifeh, Christina Vaughn, Jennifer Struble, Amber Peckio Garrett, Rachel Mathis, Michael Taubman, TCBA Animal Law Committee, Pooches, Robert and Linda Redemann, and E. Zach Smith. Thanks Also to Joe Bohannon and B&B Liquor Warehouse and TCBA staff: Greg Gordon, Jody Geiger and Katie Janicek.

Tulsa Lawyer 5

Photo courtesy of Ralph Schaefer

Tulsa County Bar 2018

Judicial Dinner 6

Tulsa Lawyer

Photo courtesy of Ralph Schaefer

Thank you to all who attended and made it a great evening! Thanks to your participation, Tulsa County Bar members and sponsors, over $27,000 was raised.

Why I'm a Lawyer... Profiles of the TCBA Board of Directors & Committee Chairs

Kara Greuel

I have always been fascinated by the law: the terms, the processes, and the fact that lawyers help people. When I was younger, I thought the attorneys I knew had a secret knowledge that no one else understood. I was driven by a desire to know more and as I navigated law school, I began to realize that my career as a CPA could be very complimentary to a legal practice. Working in the area of estates, trusts and business transactions, I have realized being a CPA really helps. I’ll admit that the prospect of making large sums of money

Jim Milton

As part of my law practice, I am lucky enough to help families through various states of crisis. These are families that are under stress for one reason or another, related to family dynamics, the care of an incapacitated relative, or disagreements over inheritance. I have helped some of these clients find peace. I've formed close connections with them. And in the process, I have found a great deal of personal satisfaction in my work. When I enrolled in law school in 1992, I hoped to eventually make it into a trust officer training program with a big bank in Texas. But law school opened my eyes to the many things a practicing lawyer can do. During my first and second years of law school, I tried my hand at moot court and decided I enjoyed the courtroom as much as they say you will. I had a new goal -- to become a trial lawyer.

Tulsa Lawyer

entered my mind…and it was quickly followed by reality as I graduated during a downturn in the market. However, I came to understand that working hard and being committed to the profession eventually pays off and I still love all the things that drew me to this career path in the first place. I’m still in awe of the history of the law. I’m still in awe of the processes and the knowledge. Mostly, though, I’m grateful that I get to assist my clients. There is a gratification that is unmatched when a client comes to me with a problem and I am able to provide a solution. The relief a client expresses when he or she discovers that I am an ally in their struggle makes the time and effort worth it – and that is why I’m a lawyer.

After law school, I started out in commercial litigation, learning from some of the best lawyers in town. I learned the value of mentors in our profession. As I made my way as a young trial lawyer, I gravitated quickly toward trust and estate litigation. My early interest in trust administration came in handy. I now practice almost exclusively in trust and estate litigation and planning, focusing on difficult matters -- as noted above, family dynamics, disagreements, special needs, and the like. This type of work is challenging. But more importantly, it gives me the feeling that so many of us hope for when we enter the profession -- the feeling of helping others through difficult situations.

Follow the Tulsa County Bar Association

“100 Years” is the inspiring story of how one fearless Native American woman, Elouise Cobell, held the United States Government accountable for a century of injustice.”  - Robert Redford See the film April 19th as part of Law Day! Turn the page for details!

Serious Child Custody and Divorce Cases 427 S. BOSTON AVE., SUITE 320 800-409-1915 ALLENGARRETT.COM

Proudly Introducing our newest Partner, James W. Feamster III

JAMES W. FEAMSTER III

JASON M. LILE

AMBER PECKIO GARRETT

ALEXANDRA MASTERS

The Tulsa County Bar Foundation Invites You to a Special Presentation of the Film

100 Years

Thursday, April 19th

Circle Cinema 8 South Lewis Ave, Tulsa 918-585-3456

6:00-6:45 Reception 7:00 Film Tickets $10 / Circle Cinema Members $6.50 Sponsored by Tulsa County Bar Foundation with Crowe & Dunlevy. In celebration of Law Day 2018, "Separation of Powers: Framework for Freedom"

Special introduction by Tulsa County Bar Foundation President James R. Hicks. Panel discussion following film with Director/Producer Melinda Janko, moderated by Linda Sacks. Additional panelists are attorney Mike McBride, III, Judge Martha Rupp Carter and J.D. Colbert. "100 Years" is the David vs. Goliath story of Elouise Cobell, a petite, Native American Warrior who filed the largest class action lawsuit ever filed against the United States Government and WON a $3.4 billion settlement for 300,000 Native Americans whose mineral-rich lands were mismanaged by the Department of the Interior. When Elouise Cobell, a petite Blackfeet warrior from Montana, started asking questions about missing

money from government managed Indian Trust accounts, she never imagined that one day she would be taking on the world’s most powerful government. But what she discovered as the Treasurer of her tribe was a trail of fraud and corruption leading all the way from Montana to Washington DC. "100 Years" is the story of her 30-year fight for justice. For fifteen of those years, commencing with filing of litigation in 1996, Cobell's struggle for justice in the courts endured through three Presidential administrations. Elouse Cobell's unrelenting spirit never quit. This is the compelling true story of her enduring quest for justice and how she ultimately prevailed and made history.

"...Equally inspiring and enraging documentary." - Los Angeles Times "...an eye-opening . . . tribute to a crusader for justice." - Hollywood Reporter "...especially valuable for its portrait of Elouise Cobell... She is an inspiration for everyone." - Film Journal International "...delivers a film that is both touching and illuminating." – Washington Square News 10 Tulsa Lawyer

Melinda Janko (Producer, Director, and Writer) graduated cum laude from Emerson College in Boston, MA. Shortly after, formed Turning Point Productions, a company that specialized in promotional videos for the non-profit sector. In 2003, after moving to Southern California, she created Fire in the Belly Productions, Inc., after reading an article about the broken Indian Trust and Elouise Cobell’s fight for justice. For the next two years Melinda traveled the country creating relationships of trust with the lead plaintiff, Elouise Cobell, Native leaders, Indian Trust beneficiaries, Senators, Congressmen, Federal Judge Royce C. Lamberth, and high-level officials of the Department of the Interior. She was granted exclusive access to both sides of the story and filmed in eight states, Washington, D.C., and on many Tribal Lands. Melinda has been interviewed by the BBC Radio, NPR, and Indian Country Today and wrote a special feature article honoring Cobell for the Smithsonian National Museum of the American Indian Magazine. "100 Years" is her directorial debut. The film in 2017 was short listed for a Best Song Academy Award and won the Big Sky Documentary Award. The film's broadcast premiere was March 13 on PBS America Reframed and on Netflix March 21. James R. Hicks is the President of the Tulsa County Bar Foundation. He is a veteran lawyer whose practice is focused on the litigation and transactional needs of individuals and businesses. Jim served as a member of the Board of Governors of the Oklahoma Bar Association 2015-16 and as President of the Tulsa County Bar Association in 2013-14. Linda Sacks, a Cherokee Nation citizen, is presently on the board for the Oklahoma Center for Community and Justice, Goodwill Industries of Tulsa, and Main Street Muskogee. Her previous experiences include working for the Cherokee Nation, Indian Education for Muskogee Public Schools, and writing for Native News Online. She served the American Indian Chamber of Commerce of Oklahoma (AICCO) including as Vice President of the state board where she spearheaded Leadership Native Oklahoma, a program for an invasive look at the tribes from the tribal perspective. Linda, a frequent public speaker for many organizations, she was the AICCO’s 2016 Volunteer of the Year and a 2016 40 Under 40 award recipient from the National Center for American Indian Enterprises and Development.

Mike McBride III is a trial, appellate and business lawyer with two decades of experience. He is a soughtafter and trusted advisor with extensive experience in gaming, federal Indian law, litigation and complex transactions. He excels in gaming regulatory matters, betthe-tribe litigation, tribal government matters, economic development and regulatory matters. Corporations, investment funds and individuals have hired him as a consultant and as an expert witness in multiple federal state court cases to testify on Indian gaming matters. Judge Martha Rupp Carter is a Special Judge with the Tulsa County District Court. She has served the Court since 2011 and presently handles its Protective Order docket. Martha is this year’s Law Day Chair of the Tulsa County Bar Foundation’s Law Day Committee. This Committee is tasked with creating and managing events and projects to celebrate our Rule of Law in America. J.D. Colbert is president and CEO of Holisso Hakv Inc., a banking and financial services consulting and advisory firm. He is a recognized expert on matters related to commercial banking and Indian tribes. He is also active in legal, regulatory and policy formation in the areas of banking, community development, economic development and Federal Indian policy. He holds an undergraduate degree in business management from the University of Oklahoma and master’s degrees from both Harvard and Johns Hopkins. In addition Mr. Colbert is a highly sought-after speaker on the history and culture of the Muscogee Creek people and the early history of Tulsa and Indian Territory. Law Day History Law Day was conceived by the late Hicks Epton, a Wewoka attorney and past president of the Oklahoma Bar Association. President Dwight D. Eisenhower established Law Day nationally by presidential proclamation in 1958. On this occasion, he said, “It is fitting that the American people should remember with pride and vigilantly guard the great heritage of liberty, justice and quality under law. It is our moral and civil obligation continued on page 12...

as free men and as Americans to preserve and strengthen that great heritage.”The first of May was set aside in 1961 by a Joint Resolution of Congress as a “special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America” and as an occasion for “rededication to the ideals of equality and justice under laws.”Since the first observance, the American Bar Association, the national voluntary organization of the legal profession, has acted as the national sponsor of Law Day. State, county and local bar associations organize individual projects throughout the country. Many national organizations also recognize Law Day, including the National Education Association, National Governors’ Association, United States Conference of Mayors, Boy Scouts and Girl Scouts of America and civic and services clubs such as Rotary International and Kiwanis International.

view the trailer at

https://vimeo. com/183086246

This year's Law Day theme is "Separation of Powers: Framework for Freedom."

Do you have an idea or a submission for Tulsa Lawyer?

Contact mptaubman@taubmanlawoffice.com or tulsabarnews@yahoo.com. We love member input! 12 Tulsa Lawyer

Looking for somewhere new to advertise? Contact us at jodyg@tulsabar.com or visit www.tulsabar.com for Tulsa Lawyer advertising information.

In Honor of Sixty Years of Law Day:

A Book Review By The Honorable Martha Rupp Carter, 2018 TCBA Law Week Chair A Brilliant Solution: Inventing the American Constitution by Carol Berkin

Relaxing on holiday while reading a quality book gives a body time to think, reflect, and truly appreciate the book. These holiday books remain with me longer, more vividly than others. When I think about them, I connect with some part of the vacation, a view of a sunset over the ocean, that season’s ugly beach hat, the guacamole that dropped on the page, etc. When my husband and I went for a long President’s Day beach weekend, I selected Professor Berkin’s book from my ready-and-waiting stack. After all, the Law Day Committee was busy planning events and this book could be inspirational. I could be happy on a beach reading a book reviewed as: “That rarest of achievements –civic education that also manages to entertain.” A Brilliant Solution: Inventing the Constitution is the story of our desperate Founding Fathers who came to Philadelphia in May 1787 to attempt to repair the weak, impotent Articles of Confederation and save a failing nation. The book’s history of how and why our country was foundering before 1787 provided information previously unknown to me. The Articles of Confederation were crafted by men willing to concede power to make war and declare peace, but not to concede power that could lead to a repeat of economic abuses of king and parliament. Post-Revolution, the country was: “a beggar at the gates of power and prestige among nations.” The thirteen states operated autonomously. The states minimally cooperated and utilized different currencies, rendering commerce among them problematic. The country owed money to both foreign countries and its own citizens. It had no ability to repay. The end of British oppression was also the end of British protection on the high seas and against Indian attacks on land. We had no national law enforcement, no military, no credit, no respect or 14 Tulsa Lawyer

dignity accorded from other nations, no ability to raise monies, and, what appeared to be a short-lived future. The Convention was triggered by an uprising of 600 farmers who took up their muskets and pitchforks and closed down a court of common pleas in Massachusetts for days. They wanted to prevent the bank from foreclosing on their lands. This uprising inspired 1500 other farmers to close down other courthouses. Political leaders, although feeling the farmers’ actions traitorous, were justifiably fearful to punish the farmers. The leaders lacked sufficient resources to assure their own safety or otherwise maintain law and order. The shock waves originating in Massachusetts caused the Continental Congress to call a convention of delegates appointed by the states. One interesting note to the Convention’s process was the Convention’s Rules Committee recommendation of absolute confidentiality for the proceedings. “Without secrecy, there would be no honest discussion of the issues. Without honest discussion, there would be no solution to the crisis facing the nation.” The delegates wanted to preserve their reputations at home and their future political careers. In this regard, first votes were not recorded to avoid delegates appearing indecisive or unprincipled.

The states’ delegates to the Convention were not ordinary men. They were elite men, plantation owners, slaveholders, lawyers, landowners, merchants, land and securities speculators, men of education, comfort, and privilege. They were the kind of men who could set

their affairs in order, delegate to their underlings, and jaunt off to Philadelphia to spend months drafting the Constitution and saving the nation. Despite their education, privilege, and advantages, these Convention delegates had no certainty whatsoever of the outcome of their work or whether it would change the course of the country. They did not know they were the Founding Fathers of our nation! They had no inkling if their efforts would result in any united front, much less if the thirteen states would ratify what the Convention accomplished. It was an arduous, lengthy, and tremendous process and fight with no sure outcome. The delegates came to Philadelphia with varying mind sets, disparate skills of persuasion and manipulation, and different goals. The author’s strenuous research resulted in interesting detail about the Convention’s fifty-five delegates and how they worked with and against each other as well as many of the masterful efforts of some. James Madison (aka the “Architect of the Constitution”) came early to Philadelphia. He came armed with his Virginia Plan and the brazen goal of steering the convention from merely amending the Articles of Confederation to instead designing an entirely new constitution. George Washington, also a Virginia

Exciting book review news on page 26 of this issue of Tulsa Lawyer continued on page 16...

Custom solutions. Crafted for you. We understand the complexity of your financial needs. That’s why we have created the Law Financial Solutions Package — a portfolio of custom solutions designed specifically for attorneys. Discover how our concierge level service can accommodate all of your business and personal financial needs. Will Ihloff NMLS ID # 1580520

• • • • • • • • •

Custom Mortgage Solutions Higher Loan-To-Value with No PMI for Residential Loans Home Equity Loans Practice Buy-In Loans Unsecured Lines of Credit Stock-Secured Lines of Credit Trust and Wealth Management Services IOLTA Accounts Premium Deposit Rates

midfirstprivatebank.com/law-tu 918.293.6869

Tulsa Lawyer 15

The presentation of each states’ delegations’ credentials was one of the earliest orders of business. Each began with the firm affirmation of the sovereignty and independence of the state government. The stage was thus set for the upcoming tug-of-war. The delegates hoping for a strong central government would have to abandon states’ cherished claims to sovereignty. And, if those delegates were successful and a central government Madison’s and Washington’s early arrival allowed empowered, the control of such a government must be them to establish connections with local Pennsylvania defined. Who would stand firm for radical changes in delegates and to form a solid nationalist coalition of the nation’s government? Who would oppose? Who Madison, Washington, Robert Morris, Gouverneur would be the key players with dominant voices? Morris, and Benjamin Franklin. Alexander Hamilton of the New York delegation was aligned with the The fifty-five delegates ultimately comprising the nationalist coalition. However, in key regards he was Convention were dubbed by John Adams as men out of line with all other delegates. Hamilton advocated of “Ability, Weight, and Experience” and rather life terms for legislators. His vision of an executive recklessly by Thomas Jefferson as “demi-gods.” “As office bore close resemblance to a benevolent monarch. the weeks stretched into months, these political leaders Hamilton had utter disregard for state sovereignty, would come to know one another for the imperfect, believing states should be reduced to “little more than exasperating, but often admirable men they were.” functional departments in a national political structure.” Many were self-sacrificing and honorable, personally and publically. Others were vain, ambitious, and even The Convention opened in Independence Hall on unscrupulous in political and private relationships. The May 25, 1787 with arrival of delegates from nine of convention had its share of windbags and fiery orators, the thirteen states. Rhode Island aka “Rogue Island” “eccentric dressers and dandies, alcoholics and snuff alone eschewed all participation and sent no delegates. addicts, mediocrities and boors.” Madison snared a seat at the front of the room with an unobstructed view of the presiding officer’s chair where According to the author, a dozen men emerged as he could hear every speaker and observe reactions of critical participants, shaping the debates, igniting listeners. It was a decade later that his meticulous controversies, and proposing compromises needed historical recap written with tidy hand was made public. to make a new constitution possible. As the months passed, they aligned, realigned, and broke alignment. Some who began as part of the inner circle of the nationalist cause refused to support the Constitution for Discussion started with the executive reasons including that the Convention refused to deal branch in fear that starting with the legislative could cause such with the crucial issue of slavery and failed to include a conflict that delegates would leave bill of rights. The rollercoaster ride of political twists the Convention. The issues of the and turns to a new and more effective government, executive branch would not pit the determination of what powers such a government the smaller states and the larger should take and how representation to the government ones against each other. Most would be determined was mind boggling, exhausting, delegates envisioned the executive seemingly never-ending, and interminably debated. branch would have a supportive delegate, came in fear that attending the Convention could harm his reputation. The Convention could well be an unsuccessful and unpopular cause. Despite Washington’s doubts that the public was ready for a major political change and his fear, he came anyway led by duty and conviction that drastic change was necessary.

role, analogous to an errand boy to congress rather than a powerful leader who would set the nation’s course. And in the minds of most, the first leader was hoped to be George Washington, a man well respected and trusted.

16 Tulsa Lawyer

Throughout the Convention, the delegates were obsessed with fear of excessive power in the hands of a few and the temptation to tyranny. Madison relied on an organizational design as a remedy to human failings, diffusing power among three branches – legislative, executive, and judicial – to thwart would-be tyrants. He envisioned the greatest power to reside in the

Preamble to the United States Constitution We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The Constitution was edited, styled, smoothed and transformed by removal of awkward and stilted language by Pennsylvania delegate Gouverneur Morris. He combined twentythree articles into seven, “gathering together all the decisions on the legislature, the executive, and the judiciary so as to clarify the form of the new government.” He reworked the preamble to give it emotional force.

2018 Law Day Committee Joseph V. Allen Rodney L. Buck Judge Damon Cantrell Judge Martha Rupp Carter, Chair Daniel L. Crawford Paul Davis Darrah Day Rebekah L. Frisby-Guthrie Maren Minnaert Lively Kara E. Pratt Deborah Reed Robert Redemann David Tracy Whitney Bowman Webb

legislature. So, the means of representation to the legislative branch of his vision was a huge issue. The Convention possessed a collective fear of abuse of power. It took pride in anticipating human frailty and in taking steps to protect the nation against those frailties. On September 12, 1787, the Committee on Style reported the final draft of what delegates called “the plan.” Nine states were required to ratify the Constitution. The wily tactics of the nationalists in the battle for ratification were clever and not a little sly. South Carolina after first voting against ratification did not join the union until 1789. Roguish Rhode Island was the last to ratify and did not until 1790, after the first President and Congress were already performing the nation’s business. The book is a well-researched, fascinating, and entertaining journey into the past, filled with historical nuggets about the Founding Fathers, their various agendas and machinations, their visions and efforts for a new form of government. The writing is excellent. The bonus chapter of the biographical sketches of the fifty-five delegates was icing on the cake. A Brilliant Solution: Inventing the Constitution is a perfect read for the sixtieth year of national celebration of Law Day. This account of the origin of our three branches of government and motivations for their checks and balances should not be missed. I rate the book five gold stars out of five, whether read on a beach or not.

"If you think we're having a hard time, imagine one woman fighting for Native American rights against the entire U.S. government. Go see 100 Years to find out how she won!" - Gloria Steinem See the film April 19th Details on page 10

18 Tulsa Lawyer

Children & the Law Donations to Benefit TAPC The Children and the Law Committee would like your help! We’re teaming up with Tulsa Advocates for the Protection of Children (TAPC) for a spring donation drive! TAPC is a nonprofit organization of community volunteers dedicated to improving the lives of children in the foster care system in Tulsa County by providing essential resources. TAPC is relocating their resource center this spring, where foster families can shop for basic necessities and needs. TAPC needs our help. We can help them in the following ways:

Volunteer to help arrange the new resource center The resource center is in a huge need for summer items, and you could donate the following: • Sunscreen • New swimsuits • Bubbles • Kites • Sidewalk chalk • Sunglasses • Goggles • Beach towels

Items the resource center is always in need of: • Diapers (all sizes) • Wipes • Toiletries • Feminine hygiene products • Monetary donations

From now until May 18 feel free to drop off any of the above items at the Tulsa County Bar Association, or if you can’t make it there, feel free to coordinate with Natalie Sears at nsears@cordelllaw.com and she will come get the items from you. th

Look for an upcoming happy hour to benefit TAPC as well! Natalie Sears, Chair

Taking your dream vacation this summer?

Watch TCBA emails for details!

Send them to tulsabarnews@yahoo.com to be featured!

with panelists covering all different aspects of collecting attorney fees including civil, family law, and small claims.

Grab the camera and share pictures of your interesting travels and adventures.

20 Tulsa Lawyer

Brown Bag CLE Presentations

Tulsa Lawyer 21

Law Week Events Grab your calendars and get involved!

Student Poster/Poetry/Writing/Art Contest and Coloring Contest

Deadline for entries is Friday, April 13, 2018 For rules and entry information please visit the Tulsa County Bar Association’s website at tulsabar. com. Members should encourage their friends in education and their children’s educators to promote participation in this student contest. With a rich history of student involvement it is a great opportunity to promote civics with our future generations. Contact Rod Buck for more information.

Naturalization Ceremony

Wed., April 11, 2018 at Noon Federal Courthouse.

Speaker is Moises Echeverria, Executive Director of the Oklahoma Center for Community Justice

The Naturalization Clinic

will be held Saturday, April 28, 2018, at a location to be determined to assist people who wish to become citizens with the naturalization process and forms.

OBA Ask-A-Lawyer Program Thursday, May 3, 2018

1-800-456-8525 / askalawyer@okbar.org Annual Tulsa Location - The new OETA Studios. Downtown OSU-Tulsa Campus 532 N. Greenwood, Tulsa ~ Contact Dan Crawford to VOLUNTEER! 918-240-7331 or liondc@gmail.com 2 hour shifts available with various volunteer times available

Law Day Luncheon Banquet May 1, 2018

Keynote Speaker: Mayor G.T. Bynum See page 13 in this issue of Tulsa Lawyer for details and registration information. 22 Tulsa Lawyer

Legal Aid Services of Oklahoma, Inc.presents

A SPRING SEMINAR FOR OUR VOLUNTEER ATTORNEYS Wednesday, May 2, 2018 Conference Center, OSU Tulsa, 700 North Greenwood, Room 150 MCLE Credit of 6 Hours

FREE for Attorneys Actively Serving on a Pro Bono Panel To register, go to: www.probono.net/ok/cle AGENDA 8:30 a.m. Registration 9:00 - 9:50

“Fair Housing: Current Trends, Hot Topics, and Landlord Expectations” Eric Hallett, Legal Aid Services

9:50-10:05 BREAK 10:05-10:55 “Understanding and Communicating with Clients Who May Have Mental Health Issues” Kathy LaFortune, J.D., Ph.D., Psychological Services Coordinator for the Tulsa County Juvenile Bureau 10:55-11:10 BREAK 11:10-12:00 “An Expert’s Overview of Domestic Violence” Kelly Stoner, Native Alliance Against Violence Coordinated Indigenous Resource Center for Legal Empowerment Project Attorney Consultant, Tribal Law and Policy Institute Victim Advocacy Legal Specialist, and Judge, Seminole Nation Tribal Court 12.00-1:00

LUNCH (on your own)

1:00-1:50 ”What if I Fail To Pay? Handlin Contempt and Purge Hearings” Julie Goree, Legal Aid Services 1:50-2:00 BREAK 2:00-2:50 “Re-Entry Issues: Fines, Costs, Fees and More” Sara Cherry, Legal Aid Services 2:50-3:00 BREAK 3:00-4:00 “How Can I Present Evidence Successfully, Succinctly, and Smoothly?” District Judge Daman Cantrell, District Judge Kelly Greenough, and Judge Theresa Dreiling, District Court of Tulsa County, with skit presentations by Legal Aid Services attorneys

Tulsa Lawyer 23

Sunday

Monday

Tuesday

Wednesday Thursday

Friday

Saturday

MAY is Member Appreciation month!

Night at the Ol' Ball Game Tulsa Drillers 7PM

Paint-n-Sip at Pinot's Palette Cherry Street (date tentative)

Full Stomachs and Minds Ethics CLE & Lunch at TCBA 11:30am-1:00pm

Sleuths and Sherlocks Escape at The Safe House Tulsa 7PM

Strikes & Grub at the Dust Bowl 5:30pm - 8:00pm 31

Party at the Tulsa Zoo - Dinner @ 6 Zoo all day!

2018

Law Day 2018 Book Club

Your Law Day Committee announces the Law Day May 15, 2018, 6:00-7:30 p.m. 2018 Book Club (LDBC) as a new Law Day event for Martha Tisdale Cordell the Tulsa County Bar Association. The LDBC will have Orange is the New Black, by Piper Kernan three one-time sessions in April, May, and June. Tulsa Tennis Club, 2801 South Columbia Place Three discussion leaders will lead discussions of different books at three locations. The selected books Martha retired as Associate have a connection to Law Day topics. Participants are Dean for Student Affairs at The limited to the first fifteen people who register for each University of Tulsa College of session. TCBA members may register themselves as well Law in December 2017. She as a guest by emailing Martha.carter@oscn.net. Members is currently a trustee for the may register for one, two, or all three sessions. Dates, Oklahoma Bar Foundation leaders, books, locations, and leader bios are below. serving as chair of the Grants and Awards Committee. She also April 26, 2018, 6:00-7:30 p.m. serves as a consultant and active Judge Therese Dreiling volunteer for Tulsa Lawyers Snow Falling on Cedars, by David Guterson for Children and represents Magic City Books Algonquin Room, neglected and abused children. Martha is an active 221 East Archer Street alumna for her undergraduate alma mater, Sweet Briar College, and Tulane School of Law. Since 2012, she has Judge Theresa Dreiling been a member of the Tulane Fund Associates Board. She presides over a Family docket served on the Presidential Search Committee for Sweet for the Tulsa County District Briar College in 2016-2017. Martha is a member of two Courts. She has served the courts book clubs. Her recent good reads include Richard Ford’s on multiple dockets, including trilogy series about the life of Frank Bascombe, The Nest guardianships, mental health, by Cynthia D’Aprix Sweeney, and A Movable Feast by and civil. She is the recipient Ernest Hemingway. of Neil E. Bogan Award for Professionalism from the Tulsa County Bar Association, Family Judge of the Year Award from the Family Law Section of the Oklahoma Bar Association, and the Mona Salyer Lambird Spotlight Award. Judge Dreiling is an avid reader and belongs to a book club that meets monthly to discuss a wide variety of books, mostly fiction. She is an experienced photographer and a great friend of the arts in Tulsa.

26 Tulsa Lawyer

meeting regularly at his home for over eighteen years. June 12, 2018, 6:00-7:30 p.m. He, like most lawyers, is an avid reader. He advises that William C. Kellough Billy Budd, Foretopman, by Herman Melville Billy Budd presents the reader with a single, discrete and challenging ethical problem. Its resolution comes from a trial applying the swift and remorseless law of the sea. Billy Budd, Foretopman is a classic in the public domain and can be downloaded free on ibooks and other similar William C. (Bill) Kellough applications and websites. is a lawyer, a former Tulsa Spaces may fill quickly, County District Judge, and an experienced book moderator. so register soon by emailing He was a guest contributor of Martha.carter@oscn.net. over 100 book reviews to the Tulsa World when it encouraged local reviewers. Bill chaired the Peggy V. Helmerich "100 Years is a powerful tribute Distinguished Author selection to a legendary hero.Â A must see committee helping to promote and introduce Tulsans to film!" -Jane Fonda some notable, internationally acclaimed authors. Bill has been a member of a menâ&#x20AC;&#x2122;s book club which has been Tulsa County Bar Association Bar Center, 1446 South Boston Avenue

Don't miss it April 19th!

Read More Books!

Details on page 10

Tulsa Lawyer 27

Grapevine News The American Indian Chamber of Commerce of Oklahoma recently named the 2018 Leadership Native Oklahoma (LNO) class, including Crowe & Dunlevy attorney Ryan K. Wilson. LNO brings together a diverse group of community leaders who are committed to improving Oklahoma’s future for native and non-native communities alike. Wilson is an associate in the firm’s Oklahoma City office and serves in the Administrative & Regulatory, Criminal Defense, Compliance & Investigations, Indian Law & Gaming and Litigation & Trial Practice Groups. He earned his bachelor’s degree in political science from Yale University and received his Juris Doctor from the University of Oklahoma College of Law. He consistently focused on Native American affairs throughout his education, serving as an intern at the Chickasaw Nation Judicial Department and publishing a law review article titled “Closing Time: Removing the State of Oklahoma from Alcohol Regulation in Indian Country.” LNO seeks to foster cohesiveness from current and future tribal leaders of different backgrounds. The 2018 class will aim to identify, evaluate and implement projects that are of value to Native American businesses in Oklahoma. Wilson will join other members of the class for monthly sessions, a team-building workshop and a two-day Indianpreneurship class. A graduation recognition ceremony will be held later in the year. McAfee & Taft, the state’s largest law firm, has announced that Dr. Robert E. Spoo, an academic scholar and one of the nation’s leading authorities on copyright law, has joined the firm’s Intellectual Property Group. Over the course of his career, he has advised a myriad of creators, users and distributors of intellectual property – from individual artists and museums to governmental entities and courts

– on matters related to copyright clearance, copyright use and misuse, fair use, works in the public domain, infringement, digital piracy, licensing, and litigation. A prolific author and speaker, Spoo has lectured at universities and conferences across the United States, Canada, Ireland and England, and his writings have appeared in books, law journals, legal treatises, governmental reports and humanities journals. His most recent book, “Without Copyrights: Piracy, Publishing, and the Public Domain,” published by Oxford University Press, tells the story of the evolution of American copyright law and how it was shaped by authors, publishers and literary pirates. His forthcoming book, “Modernism and the Law,” is scheduled for release later this year. Spoo’s achievements have earned him inclusion in The Best Lawyers in America and recognition by the publication as “Tulsa Copyright Lawyer of the Year” for 2018. The Wisconsin native is also a 2016 recipient of the prestigious Guggenheim Fellowship awarded by the John Simon Guggenheim Memorial Foundation. In addition to his private practice, Spoo currently serves as the Chapman Distinguished Professor of Law at the University of Tulsa College of Law. His career experience also includes serving as a law clerk to The Honorable Sonia Sotomayor, at that time a judge on the U.S. Court of Appeals for the Second Circuit, as an attorney in private practice in New York City and San Francisco, and as a tenured English professor at the University of Tulsa. Spoo holds a bachelor’s degree in English from Lawrence University, both a master’s and a Ph.D. degree in English from Princeton University, and his Juris Doctor from Yale University. The law firm of Barber & Bartz is pleased to announce that Kara E. Pratt and Taylor A. Burke have been named as Shareholders of the firm, and that David P. Page has become Of Counsel to the firm. Ms. Pratt obtained her undergraduate degree from Evangel University in 2003 in Government and Social Science, and her Juris Doctorate from Regent University School of Law in 2011. Her practice is concentrated in the area of family law. She is a member of the Women in Law Committee of the Oklahoma Bar Association. She has served on the Board of Directors continued on next page...

of the Tulsa County Bar Association, and received President’s Awards from that association in 2016 and 2017. Mr. Burke graduated from the University of Tulsa in 2002 with a degree in History and Political Science, and also obtained his Juris Doctorate from the University of Tulsa College of Law in 2006. He concentrates his practice in the areas of general civil litigation and appellate practice, with an emphasis on probate, trust, and estate matters, guardianship, and fiduciary consulting and representation. He is a member of the Hudson Hall Wheaton Chapter of the American Inns of Court. Mr. Page graduated from San Jose State University in 1978 with majors in Religious Studies and Political Science. He obtained his Juris Doctorate with honors in 1981 from the University of Tulsa College of Law, where he was a member of the Order of the Curule Chair. Since 1985, his practice has concentrated in all aspects of environmental law and litigation. He has represented clients in cases before the United States Environmental Protection Agency in six different Regions, and has appeared before state environmental agencies and in federal and state courts in numerous states. He has represented numerous corporate, governmental, and individual clients, including individuals who have suffered personal injury or property damage from environmental causes. He has served as a Barrister and Master in the Hudson Hall Wheaton Chapter of the American Inns of Court, and is “AV” rated by Martindale-Hubbell. A regular guest lecturer at Oklahoma State University and the University of Tulsa College of Law, he is a member of the Sustainable Energy and Resource Law Advisory Board at the latter institution. Crowe & Dunlevy recently earned the designation of Certified Healthy Business for its commitment to improving and making a positive impact on the health and wellness of firm employees. This award is given by the Certified Healthy Oklahoma program, which recognizes entities who go above and beyond to provide healthy environments for Oklahomans. In the medium-large business category, Crowe & Dunlevy implemented and upgraded several healthy facets of the firm’s business environment. Certified Healthy Oklahoma applicants are rated on several factors, including organizational supports, tobacco control, 30 Tulsa Lawyer

nutrition, physical activity, stress management, mental health, chronic disease prevention and management, occupational health and safety as well as health promotion. By meeting most or all of these criteria, the firm provides an environment to foster healthy behaviors. The policies, programs and procedures that Crowe & Dunlevy has implemented are designed to continue to positively impact not only employees, but visitors and employees’ families, as well. Crowe & Dunlevy was honored along with other Certified Healthy Businesses at a recognition event held March 1.

GRAPEVINE SUBMISSION REQUIREMENTS: Submissions should be emailed to tulsabarnews@yahoo.com Firms: Firm announcements that include multiple persons should not exceed 350 words maximum. Individual Announcements: Individual announcements, relocation notices, award announcements, solo notices and similar items should not exceed 175 words. Pictures: Pictures for individuals mentioned in announcements are welcome. Please use the name of the person as the title of the picture when submitting. Submission Deadlines: All grapevine submissions should be received by the 1st of the month prior to the month of publication. Example: April 1st is the deadline for the May issue. Grapevine submissions that exceed these limits will be edited as necessary. Tulsa Lawyer will make every attempt to include announcements received by the deadline in the next available issue. If space runs low, we will hold your announcement until the next issue that has available space. Large announcments such as Super Lawyers, etc. may be withheld from publication if space is limited in any given issue.

Submission Deadlines for Tulsa Lawyer are the 1st of the month prior to the month of publication. Example: June 1st deadline = July publication

Classified Ads Office space for lease in established firm. Space located in Boulder Towers at 1437 S. Boulder Ave., Suite 1080, Tulsa, OK. Space includes two conference rooms, kitchen, reception area, security and free parking. $750.00 per month. Contact Christine Fugate at 918-749-5566 or cfugate@trsvlaw.com. Two Offices available – One lawyer in the Building Rent Negotiable and Client Referrals Available Free Parking in front of building! Located between Swan Lake and Utica Square 918-749-9007 CLUGSTON POLYGRAPH & INVESTIGATING SERVICES FBI National Academy graduate, 25 years law enforcement experience. See our Website at www.clugston-polygraph.com or call (918) 622-7008 for information about our services. Corporate internal investigations, criminal defense, divorce, child custody, loss prevention…. We can help answer your questions.

Oklahoma Disability Law Center, a civil rights organization, seeks an Institutional Rights Attorney in our Tulsa office. Candidate will visit assigned institutions, identify systemic issues, assist in investigations and maintain an active case load. Juris Doctorate Required and member of OBA. Three to five years’ experience in investigation, case management or advocacy preferred. Letter of interest and resume should be submitted to melissa@okdlc.org.

Mediators & Arbitrators of Oklahoma, LLC Jon Starr * Michael Gassett Scott McDaniel * Jack Crews Mark Smiling * David Wilson Scott Ryan * Richard Warzynski Mark A. Warman * Truman Rucker Peter Erdoes * Jeff Curran Call (918) 693-7850 to schedule you next mediation

Full time position as associate attorney for large law firm’s Mid-town Oklahoma City office. Fast paced, client service focused environment. Send resumes to: Human Resources Dept. P.O. Box 1046, Tulsa, OK 74101.

Barber & Bartz is seeking an attorney with a minimum of 12 years of civil and business litigation experience. The ideal candidate will have solid litigation experience, excellent communication skills and be well -organized. Candidates seeking a firm with a team approach to litigation and a firm characterized by an environment encouraging faith and family will be interested in this unique opportunity. The compensation package is commensurate with level of experience and qualifications. An exceptional benefit package includes bonus opportunity, health insurance, life insurance, and 401K with match. Applications will be kept in strict confidence. Please send resume to Robert J. Bartz, 525 South Main Street, Suite 800, Tulsa, OK 74103. MoreLawSuites.com 406 South Boulder & 624 South Denver 918-582-3993 or 918-398-5678 Virtual Offices Starting at $180

TULSA COUNTY BAR SECURITY MEASURES:

We have installed security cameras in several key locations, and will be monitoring entry into the building. The main entrance is now secured with a magnetic lock controlled by staff. When you arrive, you will need to press the intercom button and announce yourself by name, bar number and purpose of visit. Staff will then remotely unlock the door. This is similar to security systems installed inside some courthouses, such as Rogers County, controlling access to court chambers. We at the TCBA will continue evaluating the best methods of providing for the safety and comfort of those who use the facility. " TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. "

Tulsa Lawyer 31

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

"I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.â&#x20AC;? PRSRTD STD US POSTAGE PAID Pontiac, Illinois PERMIT# 592

~From "I am Prepared to Die" Nelson Mandelaâ&#x20AC;&#x2122;s statement in the Rivonia Trial, Pretoria Supreme Court, 20 April 1964