Tulsa Lawyer Magazine April 2019

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Law Week & More



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TULSA LAWYER

In this Issue

A Message from

The Hon. Ann E.Keele 2018-2019 TCBA President

Friday, May 3rd Law Day Luncheon Keynote Speaker:

Ziva Branstetter

Formerly a Tulsa World editor and now editor with the Washington Post.

Law Week Schedule Pgs. 12 & 13

Make plans now to get involved!

April 2019

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TCBA Law Week Luncheon 2019 - Friday, May 3rd! Make your reservations now!

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Roger Dodd to speak to Litigation Section

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Give 110% of Yourself at All TimesHon. Sarah Day Smith Retires By Michael Taubman

11 The TCBA Bankruptcy Section to host Nathan Brown, former Oklahoma Poet Laureate 15 Inns of Court Update

YLD Trivia Night - April 25th

16 Lawyers Across Tulsa A Community Outreach Committee Endeavor 18 TCBF Golf - Tee Time May 6th! 21 Ask-a-Lawyer Needs You! 23 Softball Time! 24 YLD HAPPY HOUR! MAY 9TH Beneffiting the Tulsa County Juvenile Division Play Area 25 Letters, Faxes, Phone Calls, Emails and Fed-Ex: The Compression of Time for Attorneys By S. Douglas Dodd 26

- Are you up to the challenge?

28 In Memory of... 29 Grapevine 31 Classifieds 32 Submission Guide

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A Message from the President

The Hon. Ann E. Keele

Celebrate the Rule of Law Greetings!

Spring is here and I could not be happier. I’m glad to be past those gloomy cold winter days and on to warmer temperatures. Spring is a time of renewal – the trees, plants and flowers start blooming after being dormant, the birds start singing and the grass becomes green again.

To celebrate our rule of law, here is a talking point courtesy of the Oklahoma Bar Association that you can use to start a discussion with your co-workers, family, or friends to discuss how the First Amendment is relevant to them.

We are celebrating Law Week this month so please help us by participating in our wonderful Law Week activities! (You can learn more about our Law Week activities throughout this issue.) Part of celebrating Law Week is remembering the importance and sanctity of the rule of law in our country. We, in the legal field, play an integral role in preserving our society, and when we respect and honor the rule of law then we help the system work better here at home. We can and do make a difference in our community when we do our best in our work, and in modeling ideal behavior both personally and professionally. Lawyers can bring awareness of how the law protects people every day.

facebook.com/ tulsacountybar 2 Tulsa Lawyer

Most people know about freedom of speech and religion, so here is a lesser discussed part of that Amendment. The right to peaceably assemble is an important right that supports many of the other rights protected by the First Amendment. For example, the First Amendment protects the people’s right to petition the government. Some people believe the best way to exercise this right is to stage peaceful public protests. Without the right to peacefully assemble, the government could enact laws that could restrict the ability to protest. Instead, courts enforce the right to peacefully assemble to protect individuals exercising their other First Amendment rights. Although free association is not mentioned in the First Amendment, the United States

@tulsabar


Side Business? Looking for somewhere to get the word out?

Tulsa Lawyer is affordable, convenient and targeted. Email tulsabarnews@yahoo.com for more information. Supreme Court has recognized that free association is necessary to exercise other First Amendment rights. After all, a group of voices is stronger than one voice. In order to effectively exercise the right to free speech, or the right to peaceably assemble, people need to be able to find others that share similar views. Free association protects these other rights. See NAACP v. Alabama, 357 US 449 (1958), in which the Supreme Court prevented Alabama from requiring the NAACP to disclose its membership lists, since that could hinder members’ right to free association.

Want to start a discussion about Law Week, the rule of law, or some other interesting legal topic? Go to the TCBA Facebook page or Twitter account and post your comments. Remember that Easter is Sunday, April 21, and the Tulsa County Courthouse will be closed on Good Friday, April 19. Have a great April and I look forward to seeing you at our Law Week events! Sincerely, Hon. Ann E. Keele TCBA President, 2018-2019

6 or 12 month advertising committments receive a 10% discount when paid in advance!


2019 Law Week Speaker

Ziva Branstetter Corporate Accountability Editor,

Washington Post - Washington, D.C. Ziva has spent the last 18 months as a senior editor at Reveal, a project of the Center for Investigative Reporting, where she has led a team covering immigration and labor issues. Her team broke national stories on family separation and Tesla’s workplace safety record. She also worked more than 20 years as a reporter and editor at the Tulsa World, where she won numerous awards. She covered the 1995 Oklahoma City bombing and the deadly 2011 Joplin tornado. She led an investigation into the Tulsa County Sheriff’s Office that led to the indictment and resignation of the county’s seven-term sheriff in 2015. Ziva and reporting partner Cary Aspinwall were 2015 finalists for the Pulitzer Prize in local reporting for their coverage of a botched execution. That same year, they founded the Frontier, an independent investigative newsroom in Tulsa. Ziva, who is serving her third term as

a board member of Investigative Reporters and Editors, received her bachelor’s degree from Oklahoma State University. Honors & Awards: Pulitzer Prize finalist for local reporting, 2015 Emmy nominee, 2018 Professional Affiliations: Investigative Reporters & Editors Inc., Freedom of Information Oklahoma Inc.

@cartoonresource/adobestock


The Tulsa County Bar Association & Tulsa County Bar Foundation Proudly Present

Law Week Luncheon 2019 Friday - May 3, 2019 Downtown DoubleTree Hotel 616 West Seventh Street Tulsa,OK

Keynote Speaker:

Ziva Branstetter

Formerly a Tulsa World editor and now editor with the Washington Post. Doors open at 11:30 am & Program begins at noon Dress Code: Business $40/person ~ Reserved table for 10 - $500 Paid Reservations Due by April 26 Reservations will not be confirmed until payment is received.

Individual(s) Full Names - ____________________________________________ Phone______________________ Individual Tickets ($40 each) ____________ Reserved Table for 10 - Firm Name ($500) ______________________________ __________________________________________________________________ Please provide names of all guests at table.

Make your reservation online at www.tulsabar.com or call 918-584-5243 This event is expected to sell out. No walk-ins / No exceptions Tulsa Lawyer 5


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Litigation Section Welcomes Roger Dodd Please join us and nationally-renowned trial lawyer Roger Dodd on April 18, 2019. Noon-1:30pm, TCBA Bar Center Mr. Dodd will present about “cross examination for depositions.” Mr. Dodd is a trial lawyer, consultant, lecturer, author, and trial coach. He has offices in Georgia, Florida, Utah, and Tulsa. He has received numerous awards for his trial acumen and his teaching of trial lawyers. Dodd’s teaching philosophy reflects -“Almost all witness problems in crossexamination are self-imposed by the crossexaminer. If we know who we are on crossexamination (and we are different then, because of the pressure), we can either eliminate or fix those problems almost instantly. Instead of fighting ourselves we help ourselves.”

The Section will meet April 18, 2019 at the TCBA Center, Noon - 1:30. Lunch will be provided at no charge. Section members: please register via forthcoming email link. ** We also welcome non-section members to join; however, due to food-ordering, we require registrations at www.tulsabar.com or via email to: thughes@johnson-jones.com


Give 110% of Yourself at All Times

Hon. Sarah Day Smith Retires After 4 Years on the Bench By Michael P. Taubman How many of us know how long we’ve served? More importantly, how many of us know who we’ve served in all that time? Unless you routinely peruse the handbill cases in the Tulsa County District Courthouse or heard it through the grapevine, you may not know that Special Judge Sarah Day Smith submitted her notice to Presiding Judge Musseman on February 19, 2019.

Q:

I have to say that I was stunned to read this in the basement while waiting for the elevator. From your experience and tenure on the bench, what aspects of being a judge will you miss?

A: The best of times were listening to the arguments of two or three excellent attorneys. It is so interesting to watch them work. Also, I will dearly miss the end of the story of my therapeutic court participants. So many people are working to insure the participant’s success. The teamwork between the coordinators, case managers, supervision, court services and treatment is inspiring. Q:

You’ve had the opportunity to serve on several dockets over the years, both criminal and civil, did you prefer one over the other and why?

A:

The criminal dockets are definitely my favorite. I began in the courthouse in the District Attorney’s Office with David Moss and continued to enjoy felony preliminary hearings as a special judge. However, I must say the civil

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As she stated in her letter, “when you add my 10 ½ years in the District Attorney’s Office, I’ve been walking these halls for 34 years. I leave people who truly feel like family in this building.” I stopped by one Friday after seeing this letter posted among the several handbills in a glass case in the basement of the Courthouse, and I asked Judge Smith to share some time with our readers to reflect on a career spanning 24 years on the bench and 10 ½ years as an ADA.

protective order docket gave me insight into the critical issues that arise there. Q:

In your careers as lawyer and jurist, what aspects did you most enjoy about each?

A:

As a lawyer, I truly benefitted from the excellent training I received from the law firm of Frasier, Frasier & Gullekson. The DA’s Office taught me how critical preparation and time management are to balancing a large caseload! As a Judge, the variety of cases, issues, ingenious arguments and interpretations of the law make every day a fascinating experience. I appreciate the people I see, love serving the public and enjoy knowing the lawyers who practice in Tulsa County. The pleasure of being on the bench with such an excellent, esteemed group of colleagues has made my job wonderful and extraordinary!


Q:

Who or what inspired you to seek the judiciary in your legal career?

A:

Even before I went to law school, I knew I wanted to be a judge. My Mother encouraged me to do my best because it will ensure my success. My Father taught me to always treat people as I would choose to be treated, if the roles were reversed. Sam, my husband, and my children have supported me in every endeavor. Judge Beasley, Judge Hopper, Judge Peterson and Judge Gillert, my mentors, made me aspire to be like them.

Q:

Which qualities do you believe make for good judicial temperament?

A:

The competence to effectively apply and follow the law. It is important for a judge to be neutral, knowledgeable, capable of logical research, self-control, patience, the skill to listen carefully to what is said and consider what is left unsaid. Decisiveness and well-founded reasoning abilities are paramount to a judge’s credibility. Fairness, flexibility and sometimes even creativity are also critical for good judicial temperament.

Q:

What was the most valuable piece of advice you received during your career as an Asst. District Attorney and/or on the bench?

A:

As an assistant district attorney for David Moss and first assistant Tom Gillert, the No. 1 rule was always talk to your witness before you call him/her to testify. I lived by that rule and it saved me on several occasions. As a judge, the advice of “think carefully before you speak”, has been inherent in my rulings. If there has been improper behavior take a recess and gather your thoughts before you proceed. Do not let rudeness or poor conduct dictate your response.

Q:

Can you share one or more of memorable cases that you’ve heard, good and bad?

A:

When I first took the bench, assigned to the domestic division, a gentleman accused of molestation wanted visitation, I insisted opposing counsel conference with him. The respondent said, “You want blood, I’ll give you blood,” and slit his wrist. I sentenced a young mother to prison and allowed her three babies to sit with her a few minutes because they could not visit her in jail. They broke my heart. Several years later I saw the mother and her beautiful children sitting quietly beside her, coloring in books, outside a courtroom. She called out to me and told me they were doing much better now. It was nice to have that ending note. I have tried criminal cases and protective orders when a specially trained dog sat with the children or with upset people in my courtroom. The quiet compassion of the dog and the profound effect on the child or adult was incredible.

Q:

If you could have been a jurist on any of the historical landmark decisions (e.g. Brown v. Bd. Of Ed., Roe v. Wade, Marbury v. Madison, etc.), which one and why?

A:

Roe v. Wade - I simply would like to see how and if the phenomenal changes in technology showing the tiny details of a fetus and the amazing in utero surgeries now being performed would affect the jurists’ decision.

continued on next page...


Q:

Considering your next 5 years, do you have a set plan in mind for continuing in the practice of law in any certain area / capacity?

A:

I will always promote and encourage therapeutic courts. So many people in the criminal justice system need treatment and assistance in healing the whole person. I plan to ultimately volunteer in some capacity. Hopefully, I can continue to associate with my fellow lawyers through our bar associations and continuing legal education. We will see if I can stay away from the law. It will be hard…

Q:

You said in your letter than you plan to spend more time with your family. When you’re away from work, how do you like to relax in your spare time?

A:

I have a lovely family that will finally receive more of my attention. I will try to wait six months before adding new non-legal volunteering commitments. I want to get to know my grandchildren and cook one new dish a week. I like travel, reading and music very much, too. I hope to be a part of the faith community with my church, Boston Avenue United Methodist.

Q:

Anything else you’d like the TCBA members, the District Attorney’s office or the Court staff to know?

A:

I am so invested in and with the Judges, lawyers and citizens of Tulsa. I am grateful for their trust! May God bless each of you and keep you safe. The court clerks, bailiffs and deputies are the silent workhorses in the courthouse who keep us moving efficiently and safely. I will forever be in your debt. You are all so very awesome!

Looking forward 10 Tulsa Lawyer

June is Member Appreciation Month Safe House Escape Room – Friday, June 7 @ 6:30p AR Workshop – Tuesday, June 11 Angry Axe – Thursday, June 13 Main Event – Saturday, June 22. Mark your calendars and stay tuned for details. These are a few of the exciting events planned!


The TCBA

Bankruptcy Section will be hosting

Nathan Brown

former Oklahoma Poet Laureate, at its meeting on

April 26th, Noon-1:30pm Learn about Mr. Brown at www.brownlines.com Lunch will be served. All TCBA members are invited to attend but reservations are required. $5.00 for non-section membersto cover lunch.

Nathan Brown is an author, songwriter, and award-winning poet living in Wimberley, Texas. He holds a PhD in English and Journalism from the University of Oklahoma where he taught for seventeen years. He served as Poet Laureate for the State of Oklahoma in 2013/14, and now travels fulltime performing readings and concerts, teaching workshops and speaking on creativity, poetry, songwriting, and creative writing. Nathan has published roughly nineteen books. Most recent are An Honest Day’s Confession; Apocalypse Soon: The Mostly Unedited Poems of Ezra E. Lipschitz; and Don’t Try, a collection of co-written poems with Austin Music Hall of Fame songwriter, Jon Dee Graham. Karma Crisis: New and Selected Poems, was a finalist for the Paterson Poetry Prize and the Oklahoma Book Award. His earlier book, Two Tables Over, won the 2009 Oklahoma Book Award. He’s taught memoir, songwriting, performance, and creativity workshops from Tuscany to the Sisters Folk Festival in Oregon, the Taos Poetry Festival, the Woody Guthrie Festival, Laity Lodge, the Everwood Farmstead Foundation in Wisconsin, as well as for Blue Rock Artist Ranch near Austin, Texas. Naomi Shihab Nye said about Nathan’s book, My Salvaged Heart: “Brave new world! The sizzle of couplings and uncouplings – attraction and romance, ineffable magnetism, mysterious as ever – but doused with a savory dose of Nathan Brown humor, a tilted long-ranging eye that sees the next bend in the road even when he’s standing right here, firmly planted.”

poet laureate noun

Definition of poet laureate 1 a poet honored for achievement 2 a a poet appointed for life by an English sovereign as a member of the royal household and formerly expected to compose poems for court and national occasions b a poet appointed annually by the U.S. Library of Congress as a consultant and typically involved in the promotion of poetry 3 one regarded by a country or region as its most eminent or representative poet

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Law Week Actitivies Rebekah L. Frisby-Guthrie, Chair StudentPoster/Poetry/Writing/Art Contest and Coloring Contest -

Deadline for entries is Friday, April 12, 2019 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 Rodney Buck for more information.

Naturalization Ceremony -

Thursday., April 11, 2019 Booker T. Washington High School The Naturalization Clinic will be held at a location to be determined and date to be determined to assist permanent residents who wish to become citizens with the naturalization process and forms.

2019 Law Day Committee Joseph V. Allen Rodney L. Buck Mary Bundren Judge Damon Cantrell Judge Martha Rupp Carter Daniel L. Crawford Paul Davis Rebekah L. Frisby-Guthrie, Chair Kara E. Pratt Robert Redemann David Tracy Whitney Bowman Webb

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OBA Ask-A-Lawyer Program-

Thursday, May 2, 2019 (various volunteer times available) 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 liondc@gmail.com 2 hour shifts available.

Law Day Luncheon Banquet May 3, 2019 - Friday Downtown Doubletree Hotel - RSVP by April 26th Keynote Speaker: Ziva Branstetter. Formerly a Tulsa World editor and now an editor with the Washington Post.


Law Day Facts President Dwight Eisenhower established the first Law Day in 1958 to mark the nation's commitment to the rule of law. In 1961, Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day, which is subsequently codified (U.S. Code, Title 36, Section 113). Every president since then has issued a Law Day proclamation on May 1 to celebrate the nation's commitment to the rule of law.

TCBF Law Day Committee

Lynn Miller Law Day Book Club The Tulsa County Bar Foundation Law Day Committee’s Lynn Miller Law Day Book Club has been named in honor of Tulsa attorney, avid reader, and lover of literature, Lynn Miller. Lynn was lost to us and her family too soon with her passing in 2018. She will be celebrated through the knowledge, ideas, and questions gained from pages we read and discussions we share about books. The next discussion leaders and their selected books follow. Registration is required for any one, two, three, or all sessions you choose by emailing martha. carter@oscn.net. The discussion sessions are limited to fifteen participants. Tulsa County Bar Association members may register up to one guest in addition to themselves. There is no cost for registration.

April 25, 2019 Killers of the Flower Moon, by David Grann.

Discussion led by Mike McBride, 6:00 p.m. at Magic City Books, 221 East Archer, Tulsa, Oklahoma.

May 14, 2019 How Democracies Die, by Steven Levitsky and Daniel Ziblatt Discussion led by Dan Boudreau, 6:00 p.m. at Tulsa County Bar Association, 15th and Boston.

June 18, 2019 My Dear Hamilton, by Stephanie Dray and Laura Kamoie Discussion led by Martha Rupp Carter, 6:00 p.m. at destination to be announced.

Send Grapevine news to tulsabarnews@yahoo.com Firm additions, birth & marriage announcements, promotions. Share your news. Tulsa Lawyer 13



Council Oak Johnson-Sontag Chapter

American Inns of Court

The Council Oak Johnson-Sontag Chapter of the American Inns of Court held its March meeting, “Woodshedding the Witness: Strategies for Witness Prep and Ethical Issues,” on March 26 at the Summit Club. Attorney Ken Williams led a group discussion regarding strategies for preparations of witnesses at hearings, depositions, and trial, with an emphasis on ethical issues. Members of a pupillage group led by Mr. Williams shared their own experiences in preparing and presenting witness testimony.

The Inn will hold its next program, “Historical Trial,” on April 18 at the Summit Club. Those interested in learning more about the Inn may contact Jessica Dickerson at Jessica.dickerson@ mcafeetaft.com to learn more.

Feeling stressed? Trouble coping? Reach out for help. Lawyers Helping Lawyers Free 24 Hr. Assistance

• 1-800-364-7886 • Monthly Discussion Groups/Topics • Drugs, aclcohol, depression, stress, relatoinship management, gambling • https://www.okbar.org/lhl/

National Suicide Prevention Lifeline 1-800-273-TALK (8255) National, Toll-Free, 24 Hours

Crisis Text Line -Need help?

Thursday, April 25th 5:30 Happy Hour 6:00 Trivia Tulsa County Bar Center The TCBA YLD invites you to the 6th Annual Trivia Night! This year it will be held at the Tulsa County Bar Center in the lower level. Drinks and dinner will be provided and begin at 5:30 p.m., with Trivia starting at 6:00 p.m. Tickets are $25/person, and tables (which include sponsorships, admission for 8, and 2 free answers) are $225/ table. To purchase tables or individual tickets, please contact: Natalie Sears at nsears@cordelllaw.com or Grant Carpenter at grant@sm-oklaw.com

Text START to 741-741

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Lawyers Across Tulsa

A Community Outreach Committee Endeavor The Community Outreach Committee coordinates Lawyers Across Tulsa volunteer opportunities throughout the year. In January, Tulsa County lawyers painted at Mental Health Association Tulsa’s Yale Apartments.

Attorneys and participants packed boxes completing 527 boxes out of 641 for a federal outreach program (which means no more than 5% margin for error in loading contents)

In February, nearly 30 Tulsa County Bar lawyers, their families and friends volunteered at the Eastern Oklahoma Community Food Bank.

Volunteers Make a Difference 16 Tulsa Lawyer


If you are interested in volunteering, look for opportunities in your TCBA emails!

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2019 TCBF Charity Golf

Year of the Super Putter

This year we are introducing the Super Putter category in an effort to encourage the golf-intimidated to participate in this historically important event. The Super Putter concept is simple enough. If the individual so designated by a foursome holes a putt, the foursome is not charged with that stroke. It’s a free shot.

See you on Monday, May 6 th

The Foundation wants every TCBA Member to feel welcome and help those in need. “Not a golfer” is no longer a bar to participation. Sincerely, Pat Mensching TCBF 2019, Golf Tournament Chairman

Did You Know? Tax Fact...

An income tax was first collected during the Civil War from 1862 to 1872. During the administration of President Grover Cleveland, the federal government again levied an income tax, enacted by Congress in 1894. However, the Supreme Court ruled it unconstitutional the following year. As a result, supporters of an income tax embarked on the lengthy process of amending the Constitution. Not until the Sixteenth Amendment was ratified in 1913 was Congress given the power “to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census of enumeration.” Library of Congress. loc.gov


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The Bar Center will be closed May 6 for the TCBF Charity Golf Tourney


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Letters, Faxes, Phone Calls, Emails and Fed-Ex: The Compression of Time for Attorneys By S. Douglas Dodd Doerner, Saunders, Daniel & Anderson, L.L.P. This article first appeared in the May 2010 issue of Tulsa Lawyer. It is a good reminder on professionalism and communication.

firm about how the letter should be reviewed and frame an appropriate response for sharing with and approval by the client. In those days, we didn’t really expect responses to letters before days had passed.

While riding the courthouse elevator with opposing counsel (one of them, like me, a “senior” lawyer, one was in his first few years of practice and the third was somewhere comfortably in the middle), I mentioned that I was to write an article for The Tulsa Lawyer on professionalism and mentioned that many of the topics related to that subject had been explored, dissected and repeated time and time again.

Then came faxes, Fed-Ex and now, email. In the early days of overnight delivery, I received a Fed-Ex’d letter from an attorney whose office was only three blocks down the street. Statutory response time for pleadings still has that magic “three days” from the day a pleading is filed and mailed added to the number of days within which we have to respond. Now, lawyers often both mail and fax or mail and email pleadings to opposing counsel. We have the ability to confirm receipt of the transmitted letter or document from our end of the process and can even get confirmation that an email has been “opened” (although we have yet to get an “app” to confirm that the recipient has actually read or understood the content). In addition to other attorneys, many of our clients have come to expect immediate receipt of and response to transmission of written communications. All this additional communication ability is actually a good thing, but we should guard against expecting too much speed from the speedy new methods.

One of the attorneys in our conversation said, “why don’t you write about returning phone calls.” This lawyer was obviously troubled by calling opposing attorneys and not getting calls back. Another of our small group then complained about getting angry emails from opposing lawyers yelling (I guess they were using ALL CAPS) about not getting a response within an hour of the first email being sent. As for the returning of phone calls, it is incumbent on all of us to respond within a reasonable time. If we know or suspect that we won’t be able to give a substantive return call quickly, at least we can confirm receipt of the call and explain that the substance may have to wait a bit. It’s a matter of courtesy and civility. The email issue is the same, but perhaps more maddening. Our elevator conversation quickly focused on memories of the way it used to be, before the advent of faxes, then Fed-Ex and other reliable overnight letter and package delivery, and now the ubiquitous emails (complete with pdf or word attachments). Not that long ago, I guess nearly three decades or so, if I received a letter from opposing counsel about a litigation matter, it was on paper, arrived in a sealed envelope and was delivered by the United States Postal Service. The receipt of even the harshest or angriest communication from another lawyer came with the expectation that a written response, even if written quickly, would not get back to the first lawyer for a couple of days. I can remember feeling that I had time to read the letter carefully, sometimes read it several times, call my client, mail a copy to my client, wait for him, her or it to receive and review it, speak with the client by phone, even discuss the most troubling missives with other lawyers in my

I don’t believe all of this increase in speed of communications has improved the quality of our services as attorneys. Our whole world seems to be on a new time frame, where failure to immediately hit “Reply” and send an email back enrages some senders. This was what one of my fellow attorneys was complaining about. Most of us have gotten, or are getting, used to new ways of communicating. We all reach for our cell phones and PDA’s the minute we hear the sound of incoming email or phone calls. Pavlov would be proud! While I don’t think we’ll ever go back to the “good ‘ol days”, I believe we can take the edge off some of our “speed of light” communications without adversely affecting our clients or our practices. I contend we need to take some time before responding to hot, harsh, or demanding missives from other attorneys…not a lot, but long enough to consider our client’s position, their goals and objectives, the law, ethics, civility and yes, professionalism. Taking a little well spent time can allow us to cool off and not lash back with little thought of the consequences. If we can do it, I believe we should try to slow down the communications just enough to allow real thought to precede typing (emails) or texting. The extra time continued on next page...

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may also allow tempers to cool and more civil exchanges to proceed. I suggest the following: If you receive a phone call and message from another attorney, try diligently to return it that day, or at least let the caller know you received the message and will call back soon. The same goes for email. If an email sender want’s a response in a really short amount of time, he or she should say so. Otherwise, I believe responding to an email from another attorney within the same day is well within the confirms of promptness. The problem we all face now is a basic “Golden Rule” issue. We can’t expect faster responses than we want to give ourselves. If we are among those who show irritation to our colleagues for less than immediate responses, we can expect the same treatment when we fail to do a lightening turnaround. We are not going to return to those “thrilling days of yesteryear” where lawyerly communications took place by mail. So let’s make the best of it and try to show the professionalism and civility we expect from our colleagues.

Dear Tulsa County Legal Community, The Community Food Bank of Eastern Oklahoma and Tulsa County Bar Association invite you to participate in “Food from the Bar,” a fundraising challenge among Tulsa’s legal community. From May 1 – June 1, legal offices accumulate points by offering non-perishable food, monetary donations, and volunteer time to the Food Bank. The winners from each category (individual, small, medium, and large firms) will be featured in Tulsa Lawyer Magazine and will enjoy a gourmet meal crafted by the Food Bank’s Chef Jeff Marlow. Food from the Bar is designed to provide a Hunger-Free Summer for the 1 in 4 children in our community who experience food insecurity. Summer can be a time of struggle for the 80% of Tulsa-area students who rely on free and reduced lunch at school. During the summer, the Food Bank serves thousands of meals a week through Mobile Eatery food trucks, Summer Feeding sites, and distribution of extra non-perishable food, prepared lunches, and fresh produce to partner agencies. The Food Bank cannot do this without your support. 26 Tulsa Lawyer

On behalf of the Food Bank, Tulsa County Bar Association and Tulsa County Bar Foundation we are grateful for your consideration in being involved with “Food from the Bar.” To register your firm/office, contact Anushka Raje at 918-936-4511 or araje@okfoodbank.org. With appreciation, Eileen Bradshaw, Executive Director, Food Bank Anushka Raje, Community Engagement, Food Bank Tami Williams, Membership Tulsa County Bar Association Ashley Webb, Riggs Abney - Tulsa County Bar Association, Outreach Committee Chair


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Richard E. Comfort Richard E. Comfort, 81, of Broken Arrow, passed away Monday, March 11, 2019. He was born August 17, 1937 in El Paso, Texas, the sixth child and fourth son of Ray and Elsie Comfort. Over a career spanning more than 50 years and a life spanning more than 80, Tulsa, Oklahoma attorney, Richard Comfort, had been a band director, a judge, a businessman, a pilot and a professional musician. He was also a generous and caring son, brother, father, grandfather, mentor and neighbor.

He participated in advanced mediation training at the Attorney-Mediators Institute in Houston, Texas in 1995 and at Pepperdine University in Malibu, California in 1999.

He completed mediation training with the Founder, Executive Director and Chief Mediator of United States Arbitration and Mediation, Inc., in Seattle, Washington in 1988. In 1990, he trained as Adjunct Settlement Judge with Tulsa County Adjunct Settlement Judge Program, a joint project of the Tulsa County District Court and the City of Tulsa Municipal Court, May 1990 and served as an adjunct settlement judge for two years.

He was a member of the Boston Avenue Methodist Church, 1301 S. Boston Ave., Tulsa, Oklahoma 74119, in Tulsa, Oklahoma. Funeral services took place on Friday, March 15th at 10:00am with a graveside service for family at 3:00pm that same day at Benton County Memorial Gardens in Rogers, Arkansas, where interment took place.

He was a private pilot with instrument rating and enjoyed flying family and friends throughout the United States and Bahamas.

He is survived by a daughter and son-in-law, Elizabeth and Geoff Goolsbay of Broken Arrow, Oklahoma; grandchildren, Ryan Reynolds of Denver, He attended the University of Arkansas and Colorado, Trey and Miranda Goolsbay of Tulsa, Arkansas A&M College, completing requirements Oklahoma, and Jessie and Sam Carr of Jenks, Oklahoma. for a B.S.E. degree in 1960. He attended law school He was preceded in death by his parents, Ray and at University of Arkansas and University of Tulsa, Elsie Comfort; brothers and sisters-in-law Frank and graduating in the top 10 percent of the class from the latter with a Juris Doctor degree in April of 1970. He Emma Comfort, Robert Comfort, and Paul Comfort; served on the bench in Tulsa and Pawnee counties from sisters and brothers-in-law Juanita and Alford Lee and 1973 to 1981. In 1974, he graduated from the National Carole and Robert Plemmons. He is survived by his sister Norma Copelin of College of State Judiciary in Reno, Nevada. After Bentonville, Arkansas, his sister and brother-in-law leaving the bench in 1981, he practiced law in Tulsa, Oklahoma with several firms including Hall Estill and Margaret and Charles Stigers of Butte, Montana, and Comfort, Lipe & Green, and finally as a solo practitioner two sisters-in-law Pauline Comfort and Allene Comfort, along with sixteen nieces and nephews. until he retired in 2009.

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Tulsa Lawyer

Memorial contributions may be made to the Alzheimer's Association at https://www.alz.org.


Grapevine News Rhodes, Hieronymus, Jones, Tucker & Gable, PLLC is pleased to announce Lindsey Albers and Rebecca Newman have joined the firm.

relentlessly for his clients’ best interest. He’ll continue to serve his clients well – from the baseball field to the courtroom.”

For over a decade, Ms. Albers has represented clients in complex civil litigation, business disputes, bad faith insurance, products liability, transportation personal injury, and medical negligence. She obtained her Juris Doctorate from the University of Tulsa where she graduated with highest honors. Ms. Albers’ practice centers on civil defense litigation and appellate practice, with an emphasis on insurance defense, complex civil litigation and employment discrimination.

The Major League Baseball Players Association serves as the bargaining agent for all major league baseball players. Registered agents must have obtained a post graduate degree, apply to the association, and pass a written exam. Newly certified, Askew is now permitted to recruit athletes and negotiate on behalf of players.

Ms. Newman earned her bachelors from the University of Oklahoma in 2005, graduating magna cum laude. She received her law degree from the University of Tulsa in 2011. Ms. Newman primarily focuses on civil defense with a broad scope of experience from commercial litigation and insurance defense to product defect and trusts.

A graduate of The University of Tulsa College of Law, Askew is located in the firm’s Tulsa office and practices business and civil litigation, in addition to commercial law. Most recently, Askew assisted B.B.I. Sports Group in the negotiation of pre-arbitration contracts for Dylan Bundy of the Baltimore Orioles and Archie Bradley of the Arizona Diamondbacks. He also assisted with the salary arbitration case on behalf of Detroit Tigers pitcher, Michael Fulmer.

Attorney Thomas M. Askew recently obtained a General Player Agent Certification and will represent major league baseball athletes nationwide. An attorney at Oklahoma-based law firm Riggs Abney, Askew is one of 1,200 members registered with the Major League Baseball Players Association. With nearly three decades of legal experience, Askew successfully solves disputes through a creative, team effort – whether by negotiation, mediation or aggressive litigation. In addition to his work with Riggs Abney, Askew serves as outside General Counsel to B.B.I. Sports Group. The agency represents numerous professional baseball athletes.

Send your announcements to tulsabarnews@yahoo.com

“Thomas is a skilled litigator and is well-equipped for this competitive industry,” said Jay Franklin of B.B.I. Sports Group. “He is an expert mediator, fighting

Grapevine continued on next page...

Tulsa Lawyer 29


law clerk for the United States Chief Judge for the Northern District of Oklahoma. After clerking for the Federal judiciary, he began his career in civil litigation. His practice emphasizes professional liability defense of hospitals, physicians, nurses, oral surgeons, dentists, podiatrists, nursing homes, as well as architects and engineers. In addition practicing law, Hill taught law as an Adjunct Professor and lectures extensively at continuing legal education seminars and seminars for hospitals, physicians and nursing homes. Hill is a charter member of the American Board of Trial Advocates, Federation of Insurance & Corporate Counsel and Defense Research Institute. Congratulations on 35 years of service to the Tulsa legal community!

Tax Filing Deadline is April 15th!

In 1984, James K. Secrest, II and W. Michael Hill founded the Secrest Hill firm (now Secrest, Hill, Butler & Secrest) to become a prominent insurance defense firm in Oklahoma, covering defense matters including professional liability, general liability, insurance disputes and product liability. James K. Secrest, II obtained his law degree from the University of Tulsa in 1972, and he began his career as a Judge Advocate in the United States Air Force, serving as a General Courts-Martial Prosecutor in the Trial Judiciary. Secrest served as an Assistant District Attorney in Tulsa County after discharge from the USAF in 1976, before entering private practice in civil litigation defense matters in 1977, which would lead to his founding the firm with Mike Hill. Secrest is a fellow of the International Academy of Trial Lawyers and American College of Trial Lawyers, the Oklahoma Association of Defense Counsel, and a Charter Member of the American Board of Trial Advocates and The American Inns of Court. W. Michael Hill graduated from the University of Tulsa College of Law in 1973, and he became a

30 Tulsa Lawyer

But it is never too early to plan for next year's charitable contributions.

Please consider a donation to one of the many causes the Tulsa County Bar Foundation participates in each year or a memorial donation to the Foundation in honor of someone.

Contact the TCBF to learn more. 918-584-5243


Classified Ads Corporate Paralegal Excellent Pay and Benefits! W.C. Bradley Co., a 130+ year old international consumer products company seeks a qualified paralegal for its Tulsa, Oklahoma office to replace a retiring paralegal who has been with the company for a decade. Reporting directly to the General Counsel, this position will perform critical legal functions on behalf of its family of world class companies who compete in the global marketplace. Requirements include a self-motivated team player with 5+ years’ experience; completion of an ABA-accredited paralegal program is preferred. Candidates must have strong legal research and writing skills. Excellent computer, organizational, attention-to-detail, project management, written/verbal communication and prioritization skills are musts. The ability to meet deadlines is critical. Candidate should be flexible to work overtime, as needed, and have flexibility to travel. The General Counsel’s office is a fast-paced environment that addresses many areas of the law. Please apply if you have experience in any of the following areas: consumer transactional contracts, corporate governance, merger and acquisitions, regulatory, intellectual property including trademarks and patents, risk management, litigation, and international. Experience in any of these areas is a plus. Proficiency with Microsoft Word, Outlook, Excel, PowerPoint, Windows-based software, and Westlaw is a plus.

Norman, Wohlgemuth, Chandler, Jeter, Barnett & Ray, a mid-size, fast-paced civil, business, family, and criminal litigation firm seeks a lawyer with 3-6 years of experience with an emphasis on litigation. If interested, please send confidential resume, references and writing sample to jlj@nwcjlaw.com. 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.

MoreLawSuites.com 406 South Boulder & 624 South Denver 918-582-3993 or 918-398-5678 Virtual Offices Starting at $180

Your expertise will be rewarded with an attractive salary/ benefits package along with a casual dress code environment. To apply: https://goo.gl/3TFRMz NO PHONE CALLS PLEASE The W.C. Bradley Co. is an Affirmative Action and Equal Opportunity Employer. The W.C. Bradley Co. uses E-Verify to confirm the employment eligibility of all new Team Members. To learn more about E-Verify, including your rights and responsibilities, please visit the U.S. Citizen and Immigration Service at www.uscis. gov/e-verify. E-Verify® is a registered trademark of the U.S. Department of Homeland Security.

Submission Guidelines see page 32

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l l a b t f o

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The warmer months are coming! Sign up your YLD Softball team now! For more information, please contact Natalie Sears at nsears@cordelllaw.com or Ephraim Alajaji at EAlajaji@bokf.com

IT'S A TCBA TRADITION!

Atkinson Haskins vs Pray Walker, June 2012

Tosh, Matt, Jen & Ben 32 Tulsa Lawyer

Riggs Abney, July 2016

2016 Winners, Pray Walker



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

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