Challenging Times
2019 - 2020 TCBA CONTACTS, COMMITTEE & SECTION CHAIRS
www.tulsabar.com
PHONE: 918-584-5243 FAX: 918-592-0208 1446 South Boston, Tulsa, OK 74119-3612 Executive Director Tami Williams tamiw@tulsabar.com Ext. 1002
Front Desk Coordinator
Lawyer Referral, Golf Liaison, General Inquiries
Christy Bush frontdesk@tulsabar.com Ext. 1000
Membership Director CLE, Sections & Committees Lisa Laughrey Ext. 1001 Accounting accounting@tulsabar.com
Tulsa Lawyer Editor - Michael Taubman mptaubman@taubmanlawoffice.com Associate Editor - Milly Dunlap Tulsa Lawyer Submissions - tulsabarnews@yahoo.com
TCBA OFFICERS
President................................................................ James C. Milton Past President......................................................... Hon. Ann Keele President-Elect................................................. K imberly K. Moore Vice President............................................................. Kara Vincent Secretary..................................................................... Natalie Sears Treasurer................................................................. Philip D. Hixon Budget/Internal Operations........................................ Mike Esmond Foundation President .................................................... Jim Hicks Director at Large (1) Large Firm................................. Philip Hixon Director at Large (2) Large Firm.......................... C. Austin Birney Director at Large (1) Medium Firm................................ Kara Pratt Director at Large (2) Medium Firm.................. Jennifer L. Struble Director at Large (1) Small Firm............................................. TBA Director at Large (2) Small Firm................................. Megan Beck Director at Large (2) Public Sector............... Hon. Linda Morrissey ABA Delegate............................................................. Molly Aspan OBA Delegate........................................................... Ken Williams Library Trustee (1)......................................................... Julie Evans Library Trustee (2)............................................ Trisha Linn Archer Presiding Judge ..................... Judge William J. Musseman, Jr.C.J., U.S. District Court .................................. Hon. John DowdellC.J., Tulsa Municipal Court............................. Hon. Gerald Hofmeister TU Law School.......................................................... Rachel Baker
FOUNDATION APPOINTMENTS
Law Day................................................... Hon. Martha Rupp Carter Law Day Co-Chair.........................................................Lizzie Riter Community Outreach................................................ Ashley Webb Golf Chair................................................................ Pat Mensching Scholarship Chair.................................................... Faith Orlowski Submission, Grapevine & AdvertisingVisit www.tulsabar.com Subscriptions to Tulsa Lawyer are available for $40.00 a year to those who are not Tulsa County Bar Association members or others who do not currently receive the publication. Contact Lisa Laughrey at llaughrey@tulsabar.com
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FOUNDATION
President...........................................................Christina M.Vaughn Vice President...............................................................Justin Munn Secretary................................................................................... TBD Treasurer/Budget......................................................... Philip Hixon Trustee/Capital Campaign Chair............................... Chad McLain Trustee.......................................................................... Jim Gotwals Trustee.................................................... Hon. Martha Rupp Carter Trustee....................................................................... Ken Williams Trustee............................................................. Zach Smith Trustee........................................................... Honorable Ann Keele President................................................................ Jim Milton TCBA Pres. Elect.................................................. Kimberly Moore
COMMITTEE CHAIRPERSONS
Animal Law..................................................... ..........Katy Inhofe Bench & Bar.................................................... ........... Vicki Cox Budget & Internal Operations.......................... .......Mike Esmond Children & the Law......................................... ........Stephen Hale Children & the Law Vice Chair....................... .......Natalie Sears CLE ................................................................. ..........Lizzie Riter Diversity Development.....................Hon. April Seibert & Ben Fu Fee Arbitration................................................. ...Tamera Childers Law Related Education.........................Hon. Robert LaFortune Lawyer Referral............................................... ......Cathy Hoopert Pro Bono ............................................................... Mac Finlayson Membership Services....................................................Kara Pratt Mentoring......................................................... .....Faith Orlowski Mentoring Co-chair.......................................... ........Randy Lewin Military/Veterans ............................................ Hon. David Guten Nominations & Awards.................................... ....Hon. Ann Keele Professionalism................................................ ...........Rick White Public Relations....................................................Steve Layman Social Media.........................................................Ephraim Alajaji Special Events..Co-Chairs.................Sabah Khalaf / Tim Rogers Tulsa Lawyer.................................................... Michael Taubman
SECTION CHAIRPERSONS
ADR/Mediation..........................................................Melissa Fell Bankruptcy....................................................... ........Paul Thomas Corporate.......................................................... Kevinn Matthews Criminal Law................................................... ........................ Employment Law............................................. . . . . . . . . . . . . . . . . . . . Energy & Mineral Law.................................... .......Ryan Pittman Family Law...................................................... ...Todd Alexander Health Law . .................................................... ..... Kristen Evans Health Law Vice Chair..................................... Whitney Dockrey Immigration Law Chai..................................... Whitney Webb Juvenile Law.................................................... ..Lizzie Riter Litigation Co-Chairs...............Robert Mitchener & Robert Winter Municipal Law................................................David Weatherford Paralegals/Legal Assistants.............................. .........Gloria Jones Paralegal /Legal Assistants Vice Chair............ Deborah Gresh Probate/Estate/Elder......................................... ...Catherine Welsh Solo/Small Firm............................................... ......Karen Wilkins Tax ......................................................... .....Ashlee Crouch Technology ...................................................... ............................ Workers Comp................................................. ............................ Young Lawyers................................................ ....Ephraim Alajaji * Section Chairs will be updated as positions are filled. Tulsa Lawyer is a monthly publication of the TCBA. The TCBA does not necessarily share or endorse the opinions expressed in the materials published. The views are those of thoughtful contributors. Similarly, advertising does not imply endorsement by the TCBA of products or services or any statements concerning them.
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TULSA LAWYER
In this Issue
A Message from
Jim Milton 2019-2020 TCBA President Pg 11
TCBA 2nd Qtr. Golden Rule
Sam P. Daniel, III
April 2020
2
A Matter of Perspective : Rashomon
4
TCBA COVID-19 Update & Events Announcement
5
Event Sponsorship Opportunities
6
Individual Event Sponsorship Opportunities
8
Because You Don't Already Have Enough To Do Kara Vincent, TCBA Vice President 2019-2020
9
Section News
11 TCBF Community Outreach in Action 12 Lawyers Across Tulsa 14 TCBA Charity Golf Tourney!
Pg 16
It’s not an April Fool’s
Hon. Linda Morrissey retires after 25 years on the bench By Michael P. Taubman
18 Children & the Law - Donate your luggage! 20 Why you should join the Lawyer Referral Panel! 23 Getting to Know.... Lisa Laughrey, TCBA Membership Director 24 Ask-a-Lawyer 2020 27 Lynn Miller Law Day Book Club - Session 3 28 Mock Trial: Three Bears vs. Gold E. Locks 29 Judicial Dinner- Extended Thanks 30
New & Notable Member Perks!
31 Grapevine 32 Classifieds
Regular TCBA Bar Center Hours 9am-5pm Monday - Friday Please check the website for closings related to COVID-19.
Tulsa Lawyer 1
A Message from the President
Jim Milton A Matter of Perspective
The following film review first appeared in the March 2017 edition of the Oklahoma County Bar Association’s monthly publication, Briefcase. With an office in Oklahoma City and a number of cases over there, I’ve been a member of the Oklahoma County Bar Association for a number of years, and was honored when the editors of the Briefcase picked up this film review for publication. The great thing about county bar associations is that they work together and support each other. I know that the TCBA has a number of members who also belong to the bar associations in neighboring counties, such as Rogers, Creek, Wagoner, Osage, Washington, and others. I regularly see Washington County Bar Association members and officers at TCBA’s events. This type of collaboration is key to the future of the TCBA and its sister organizations.
2 Tulsa Lawyer
Reviewing Rashomon (Daiei Motion Picture Company, 1950), directed by Akira Kurosawa. Japanese, with English subtitles.
As trial lawyers, we have experienced the phenomenon -- two or more witnesses to the same event, describing the event from different perspectives. This phenomenon shows the subjective nature of witness testimony. There is no one, true, objective truth as to what occurred when the handshake deal was made, when one car bumped into another, or when the scalpel was applied to the patient. But even we, as trial lawyers, can forget this phenomenon when engaging in depositions and trial, sometimes becoming frustrated when the story is told from perspectives that differ from our own client’s story. This is the theme of the classic movie Rashomon, a post-war Japanese film considered by many to be one of the greatest films of its generation. It might be the first time that a film featured cinematography involving direct shots of the sun. With contrasting scenes from a deep forest and a rural temple during a rainstorm, the film provides excellent visuals that work well with its black-and-white format.
The film contains a rather dark retelling of a classic morality tale of good versus evil. As with any quality retelling of such a tale, it becomes difficult at times to know who really is evil and who might be good. When the priest refused to believe “that man would be so sinful,” the commoner responded, “Suit yourself. But is there anyone who’s really good? Maybe goodness is just make-believe…. Man just wants to forget the bad stuff and believe in the made-up good stuff. It’s easier that way.” [51:14]
In listening to the narratives, it is difficult to tell which version is the truth, which versions are altered by perspective, and which are altered by deceit. The priest sums it up: “It’s horrifying. If men don’t trust each other, this earth might as well be hell.” The commoner responds, “In the end, you cannot understand the things men do.” [1:20:00] As lawyers, we are trained to be critical listeners, even distrustful listeners. And we listen almost daily to conflicting testimony from witnesses who hold different perspectives, biases, or motivations. We may not understand “the things men [and women] do.” But perhaps we need not be as dire in our outlook as the priest in this film, viewing our circumstances in the worst possible light, simply because we have learned not to “trust each other.” Indeed, by the end of the film, the priest might have changed his view.
Through the different perspectives of multiple witnesses, the film tells the story of a murder trial in which the audience hears a confession of rape. Overarching themes of honor impact the perspectives offered by each witness -- some witnesses protecting their own honor, and others protecting the honor of another. Some of the societal attitudes described in the film can most definitely be described as old fashioned. The film is available to rent or buy on Amazon The audience hears a fairly modern response to bullying, and iTunes. only to be rewarded with more conflict. Some of the witnesses are lying, whether out Sincerely, of self-preservation, protection of honor, or protection Jim Milton of pride. Others are simply telling the story from a TCBA President, 2019-2020 different perspective. The characters have a common response to learning of the conflicting testimony. “It’s human to lie. Most of the time we can’t even be honest with ourselves.” [38:40] In this film, the audience is asked to weigh lies told to protect honor against lies told to protect one’s pride. Just as the audience is prepared to condemn the lies told from pride, it is learned that perhaps some of the lies told from pride might be more acceptable than others. But to some extent the witnesses’ so-called lies might be nothing more than witness bias. If the lie is told from the perspective of pride, it is possible that the witness could be misremembering some attitude or verbal inflection, tilted in favor of one narrative rather than another because of the innate bias toward oneself or one’s selfish interests. The film portrays a trial of some sort, but the audience does not hear the witnesses’ oath, nor do we hear a description of applicable penalties for perjury. Indeed, this trial presents a confession of rape with seemingly no consequences, as well as testimony derived from supernatural sources. The witnesses may be less focused on their perceived obligations of honesty and completeness, and instead may be focused on a particular narrative. Perhaps the witnesses have selected the easy path, forgetting the “bad stuff" and believing “the made-up good stuff,” as suggested by the commoner.
TCBA COVID-19 Update & Events Announcement:
In remaining consistent with current measures being deployed, the Bar Center is closed for member services and in-person LRIS. Members are encouraged to interact with staff via phone or email during regular business hours. Lawyer Referral assistance is still available 24 hours online or via phone during regular business hours. In following current CDC recommendations on social distancing, the following TCBA and TCBF events are now postponed: YLD Trivia Night 50 Shades of Energy Arbitration CLE Law Day Luncheon Lynn Miller Law Day Book Club-April & May Sessions Law Day Student Reception Law Day Naturalization Clinic Monthly Section and Committee Meetings TCBF Annual Charity Golf Tournament The Law Day Ask-A Lawyer program and 5K & Ruck Run events are being monitored for possible postponement. Members will be notified as soon as dates have been rescheduled.
NOTE FROM TCBA PRESIDENT
Thank you for your continued support of the TCBA and TCBF. We are working hard to stay current with the quickly-changing status of the national and local emergencies associated with COVID-19. Our staff are working hard to avoid disruptions in member services. If there is something that you think we should be doing, please call or email me, or contact staff. And please remember that the current situations will leave many of our population needing legal services and perhaps unable to afford lawyers. There are multiple opportunities that will be available through our friends at Legal Aid Services of Oklahoma, Inc. and the Oklahoma Access to Justice Foundation. Thanks again, and stay well. Jim Milton
4 Tulsa Lawyer
A letter from the Executive Director:
It was with a heavy heart that I had to announce the postponement of several TCBA and TCBF’s beloved events and the closure of the bar center due to COVID-19. I am thankful that as I write this letter, the staff remain focused on providing services as usual, albeit not in person, while keeping members, the public and themselves safe. Rest assured that all committees involved with these events are having email discussions on when and how to move forward and members will be updated as information becomes available. TCBA will also be offering online meeting capabilities for section and committees. In the meantime, if you are someone who can work from home and experiences no disruption in your income; I strongly encourage you to support local small businesses, restaurants, and non-profit organizations in our communities. How can you do this from home? Online donations and purchases, pickup or delivery orders from restaurants, and of course encouraging others on social media to do the same. As a friendly reminder, don’t forget to remain calm, wash your hands, and stay home if you are sick. Sincerely, Tami Williams Executive Director
As events and dates are updated for TCBA, our sponsorship forms will be revised with the new information. The TCBA is grateful for all of the ongoing and recent new sponsors. Thank you for being a part of the TCBA.
See page 6 for individual event sponsorship opportunities!
INDIVIDUAL EVENT SPONSOR
Events and Dates will be announced at a later date due to COVID-19 postponements.
6 Tulsa Lawyer
OPPORTUNITIES
VP's Corner:
BECAUSE YOU DON’T ALREADY HAVE ENOUGH TO DO… Kara Vincent, TCBA Vice President 2019-2020 Can you hear the sarcasm in the title? We’re all busy. There are never enough hours in the day to do everything. Added to that, your taxes are due this month (yeah, I know, it’s like a poke in the eye). That’s why it is ridiculous for me to talk about volunteering this month – but I’m doing it anyway.
Those thoughts you have daily about what you might have done differently or what you wish someone would have told you about before you launched your career…this is your opportunity to help someone else avoid the mistakes you made when you started practicing.
Did you know that April is National Volunteer Month? I didn’t until it came up in a conversation. Before that conversation, I thought of volunteering in terms of something that everyone should do, but I’d never thought about focusing my volunteering efforts into a particular month. However, it’s perfect timing for my TCBA topic this month…mentoring.
Because of the mentoring and networking lunch at TU, we have 25 1st and 2nd year law school students who have submitted applications to be paired with a mentor. They want to prepare for the practice of law and they need your help. Most students are completing their first year of law school. Some are from Tulsa and plan to practice here. Others are from different states such as Texas, Idaho, and Georgia, and are undecided about moving elsewhere. The students have different fields of interest and from oil and gas to intellectual property to corporate law. They have each committed to three years of study and hard work and they can use some advice and counsel.
I can hear your collective voices telling me to shut up about the volunteering and mentoring already… but that’s the great thing about writing this article a month in advance. I can’t hear you yet, and I can blithely ignore what’s coming. Besides, regardless of how tired you are of hearing me talk about this, I will Come on, agree to be a mentor! Your not stop because it’s important. It’s really important. connection might lead you to the best coffee shops in On February 27th, the fearless duo of Randy Tulsa are and maybe, just maybe, the excitement from Lewin and Faith Orlowski met with students at TU a law school student just starting the legal journey will to discuss the TCBA Mentoring Committee and the remind you of why you started practicing law in the opportunities it could open up for each as they decide first place. Alternatively, if you can’t be a mentor, then how they want to move forward in their legal careers. help someone else who is. Let a student join a meeting There were questions from the students about how the or a hearing and share your knowledge in the moment. mentoring opportunity would work and a curiosity We can all help bring the next generation along. surrounding how certain legal interests could actually work as a career. For example, given the current If you are interested economic climate, it is possible to make a career from in mentoring a student, doing only oil and gas work? These students need please contact Randy guidance and what better place to get it than from Lewin or Faith Orlowski individuals already living it daily. to discover how you can be involved.
Section News TCBA Bankruptcy Section
Paul Thomas, Bankruptcy Section Chair
Meeting Dates: May 21st July 16th
Share what is happening with your section! Send updates, articles and photos to tulsabarnews@yahoo.com
OBA - Lawyers Helping Lawyers Meetings held 2nd Thursday of every month. 6pm-7:30pm Scott B. Goode (contact and RSVP) scott@ militarylawok.com 1616 S. Main Street Tulsa, OK 74119 918-992-6203Â Dinner provided, please RSVP
Please watch for possible date changes due to Covid-19 guidelines
TCBA Golden Rule Award 2nd Quarter
The TCBA Golden Rule is one of the highest recognitions the Bar bestows on a fellow lawyer. One District Judge, upon receiving the Golden Rule, once described it as “the highest recognition a lawyer can receive because it is peer acknowledgement of integrity, honesty and preparedness.” Truly, Sam P. Daniel III has practiced law with integrity, honest and has always been prepared.
Sam P. Daniel III Sam has practiced law for forty years in a manner that can only be described as stellar. Although a man of few words, he is always prepared for Court and represents his clients with the utmost integrity and honesty. He will go to the mat for his clients without resorting to any form of trickery or gamesmanship. He relies on his knowledge of the law and tempers his legal abilities with a keen sense of humor. Sam is a certified mediator and an adjunct settlement judge. He is a very well-respected civil litigator with a practice that also includes oil and gas, real estate and construction law. Sam is his own person who has been supportive of his clients based on his personal moral code. Many times, taking the “high road” in order to preserve his integrity as a lawyer and person, all for the assistance of his clients. Although some lawyers faulter when confronted with a moral dilemma, Sam has had moral fiber that has governed his practice. Sam is a proud and dedicated family man and one of the best friends a person could have. He has always been proud to call Tulsa his home and to be an advocate of all things good for Tulsa and the lawyers who practice in Tulsa. He truly exemplifies the Golden Rule. Same Daniel III, standing beside a photograph of Samuel F. Phillips, his great grandfather, the second U.S. Solicitor General, who represented Homer Plessey in Plessey v. Ferguson, and argued that “separate but equal” was a disparagement to African-Americans.
Award Criteria The Golden Rule award is given to lawyers who make outstanding contributions to their profession and have the highest of ideals and are willlng to mentor to those with less experience. Criteria for Award:
GOLDEN RULE
1. Recognizes the ethical and professional obligations as an officer of the court as well as the spirit and intent of the Rules of Professional Conduct. 2. Practices ethically and honestly and is true to his/her word. 3. Strives for the traditional goals of moral excellence. 4. Exhibits the highest standards of fairness and integrity. 5. Sets a model example for conduct with members of the Bar and the Judiciary not only by words but more importantly by deeds. 6. Is civil, courteous and respectful towards the court and his/her opponents. 7 Is loyal to his/her client without trickery and deception and without using abusive practices or misleading the court or opposing counsel. 8 Avoids the temptation to make his/her client’s case into a personal vendetta. 9 Conducts himself/herself in a manner that improves the image of the legal profession in the eyes of the public.
1: capitalized G&R : a rule of ethical conduct : do to others as you would have them do to you 2: a guiding principle
Tulsa Lawyer 11
TCBF Community Outreach in Action Members of the TCBF Community Outreach Committee spent Saturday, Feb 15 cleaning and painting apartments for the Mental health Association.
Volunteering Makes a Difference 12 Tulsa Lawyer
Watch your emails for possible date changes for upcoming events!
Mary Rounds, Maureen Knudson, Emily Duensing, Ashley Webb, MHAO staff member Leon, and Doug Inhofe.
Lawyers Across Tulsa The Tulsa County Bar Foundation Community Outreach Committee coordinates regular volunteer opportunities working with local nonprofits to provide TCBA members, their families and friends, the chance to get together to help our neighbors in need, to show Tulsans that we care about our community, and to have some fun! On February 22, Lawyers Across Tulsa volunteered at the Community Food Bank of Eastern Oklahoma. The Community Food Bank of Eastern Oklahoma distributes food and other grocery items to 350 Partner Agencies in eastern Oklahoma, including food pantries, emergency shelters, soup kitchens, senior citizen centers and afterschool programs. Our group of Lawyers Across Tulsa and other volunteer groups packed 6,048 bags for the Food For Kids Backpack Program. Check the weekly TCBA calendar for additional opportunities to volunteer and have fun!
Standing: Rex Thompson, Nick Franco, Kevin Berry, Catherine Welsh, Teri Faith, Emily Duensing, Ashley Webb, Katy Inhofe, Ted Bakamjian, Doug Inhofe. Kneeling:Alberto Franco, Sandra Thompson, Ken Underwood, Drew Welsh
Tulsa Lawyer 13
Tulsa County Bar Foundation
Annual Charity G
Grab your clubs, sunscreen and whatever lucky charm you have and let’s play some golf! Mark your calendars for Monday, May 4, 2020. The Annual event will be held at the LaFortune Park Golf Course. If you have not signed up your team now is the time. All players will receive a TCBF golf shirt, lunch, dinner and a swag bag. Oh and don’t forget about a visit from those Two Crazy Ladies and a Golf Cart. Who knows what they will be up to this year!
lf Tournament Test your Golf IQ
1. What is the maximum number of clubs you are allowed to carry in your golf bag? 2. Prior to the invention of rubber, what were golf balls made of? 3. Who has the record for the most wins at The Masters?
The TCBF Charity Golf Tournament would not be possible without our sponsors which. Past sponsors have included: Mazzios; McAfee & Taft; Richards & Connor; Doerner Saunders Daniel & Anderson; Barrow Grimm; Moyers Martin; Graves McLain, Works & Lentz; The Khalaf Law Firm; Head, Johnson, Kachigan; Secrest, Hill, Butler & Secrest; and James R. Gotwals & Associates just to name a few.
4. Who is the only U.S. President to have been a club member at Augusta National?
Since 2003, the TCBF has been able to support some very worthwhile causes with your generosity. Some of the past years beneficiaries of proceeds includes: Blue Star Mothers, Disabled American Veterans, South Tulsa Community House, Tulsa Lawyers for Children, Community Outreach and First Step.
7. Prior to 2016, when was the last time golf was in the Olympics?
Please contact Lisa Laughrey at (918) 584-5243, ext. 1002 or LisaL@tulsabar.com with any questions.
10. How many golfers have won at least 10 majors in their career?
5. Who was the “Jackie Robinson of golf,” becoming the first African-American on the PGA Tour? 6. Which country has the most golf courses per capita in the World?
8. How old was Tiger Woods when he got his first hole in one? 9. Who has the most PGA Tour wins without ever winning a major?
Monday~ May 4, 2020 Lafortune Golf Course
Check out the sponsorship opportunities on pages 5-7 of this issue. And find your registration form on page 26. Answers: 14; wood or leather bound feathers, Jack Nicklaus, 6; Dwight Eisenhower; Charlie Sifford in 1960; Scotland; 1904; 8 yrs old; Harry Cooper, 31, wins on tour; 3:Jack Nicklaus (18), Tiger Woods (14), Walter Hagen (11). 14 Tulsa Lawyer
It’s not an April Fool’s
Hon. Linda Morrissey retires after 25 years on the bench By Michael P. Taubman
To borrow the title from an album by George Harrison (the quiet Beatle), All Things Must Pass. I say this not in any sort of wistful or sad recognition, but more in acknowledgement of the massive compilation that album represents. You see, it was a 3 LP (that means 3 records) set, with Harrison exhibiting some of his finest work alongside his musical influences such as: Eric Clapton, Bob Dylan, Ringo Starr, Billy Preston, the Band, and many others. Over 30 years later, Harrison’s album remains a quintessential body of musical work. Similarly, Judge Morrissey has served nearly 25 years on the bench, and she has developed a canonical body of work, implementing many changes to the court’s docket system from which we still benefit today, such as: •
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While presiding over a family docket, she established the Child Support Enforcement Docket, dedicated to the expeditious enforcement of child support orders. This innovative docket generated over a million dollars in child support the first year, with cases completed in 35 days (on average) rather than many months, as had historically been the practice. For the past 23 years, the docket has continued to be enormously successful in generating child support for custodial parents and their children, and Judge Morrissey received a National Judge of the Year award in recognition of the creation of this docket. Judge Morrissey implemented the “Families in Transition” program, in an attempt to minimize the adversarial nature of family conflicts and promote a therapeutic model to encourage positive relationships and build healthier families. While presiding over the Drug Court Docket, she organized the Drug Court Reach Out to Youth Program to allow volunteer Drug Court offenders to speak to high school students and advocate against drug use. While serving on a Felony Docket, Judge Morrissey authored the “Community Sentencing Guidebook” after the state passed the Oklahoma Community Sentencing Act.
16 Tulsa Lawyer
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In the early 2000s while serving as Chief of the Probate Division, she implemented a background check procedure for individuals applying to become legal guardians over vulnerable adults and children, working with our legislators to draft legislation resulting in this protocol becoming law. Additionally, she promoted legislation to allow the Court to require a Home Study before placing children in a guardian’s home. Since assuming a civil docket in 2008, there were nearly 1,000 pending cases with over 50 pending motions unresolved, so she began anew to implement her case management system, leaving this civil docket with fewer than 500 pending cases and a handful of pending motions. Additionally, she has worked with a group of attorneys to write and promote Discovery Master legislation to reduce the cost and delay with civil litigation.
As we discussed and reviewed her many accomplishments over her judicial career, she offered that she would be pleased to share her case management techniques with other judges. My own first experience with Judge Morrissey began when I was assigned to her pupilage group in Hudson Hall Wheaton Inns of Court some odd 15 years ago. There I saw first-hand her engagement in teaching others, as well as her willingness to share her sense of humor as we prepared our pseudo-SNL skit for the presentation. Below, I share with you all the Q&A from our exchange. Q: Thank you for allowing me to interrupt you. The last time I appeared in your courtroom a few weeks ago, I had no idea that you were planning on announcing your retirement. Had you been planning on making this change for awhile? A: I expected it to be in September, 2020, but when I contacted our benefits coordinator I learned that my optimal retirement date was the end of March. I’ve always planned on transitioning to a second career as a mediator and arbitrator which is what I will be doing. Q: From your tenure on the bench, what aspects of being a judge will you miss? A: I will miss the opportunity to assist everyday people with their legal challenges. It has always been important to me to make every litigant feel as if their case is the most important case on my docket because to those litigants, it is the most important case, no matter how complex or simple the matter may be.
Q: You handled just about every single docket in Tulsa County at one time or another. Which docket(s) did you enjoy the most & least? A: I have enjoyed every docket and found each challenging. I especially loved probate and I’ve thoroughly enjoyed the civil docket over which I have presided for the last 12 years. The criminal docket was fascinating because the cases are anchored in constitutional law, however many of the cases were tragic, in that everyone involved was adversely affected. Q: Who motivated you to pursue your career as lawyer and jurist? A: While earning a master’s degree in counseling, it became apparent to me that problem solving was a strength of mine. A law degree seemed like an effective tool to help solve problems. Q: What made you decide to seek election to the judiciary part of your legal career? A: After serving as a special judge for 3 years, I had the opportunity to run for district judge in a field of 7 candidates. A district judge has the opportunity to preside over every type of case and that appealed to me. Additionally, I wanted to be involved in selecting special judges in order to promote choosing judges who have the right temperament and intellect to have the responsibility of making decisions that have a profound impact of one’s life. Q: Was there one piece of advice you received during your career on the bench from which all lawyers &/or judges could benefit? A: Yes. Be prepared! Lawyers should know the law and be prepared to advocate using the law with specificity. Judges should also prepare for hearings by reading the lawyers briefs and conducting independent research. Q: Can you share one or more of memorable cases that you’ve heard, good and bad? A: Certainly, the adoption cases over which I presided brought me great joy. On one occasion, I had the privilege of presiding over my former bailiff’s adoption. She and her husband were graced with adopting an infant boy quite unexpectedly. It was smiles all around in my courtroom when I signed the decree of adoption and pronounced that, the couple would be the “forever” mom and dad of the little boy, whom they obviously adored. On the negative side, I found it discouraging and disappointing when a Drug Court participant failed and had to go to prison. One of those young women came to see me recently to thank me for working with her throughout Drug Court and ultimately sending her to prison for repeated non-compliance with probation. As she described it, “it saved her life.” She had served
her time and had been drug free for years. Overflowing with pride, she told me she was raising her children and actually working for a lawyer! Q: Do you have a set plan in mind to continue the practice of law in any certain area / capacity? Will there be a Morrisey & Nicks firm on in the future? Perhaps teaching? A: Yes. I will immediately begin conducting mediations and arbitrations with DRC. Additionally, I hope to provide litigation consultation to share the knowledge I have acquired from the thousands of lawsuits over which I have presided. I enjoy probate, oil and gas, and real estate matters and hope to practice in those areas with Barnes Law where my husband, John Nicks, is also of counsel. Finally, I’ve always enjoyed teaching and often describe teaching as my “first love.” So, I’m sure I will find a way to continue teaching in some capacity. Q: With the recent public health concerns we’ve dealt with in the court system on top of regular dockets, how are you most looking forward to spending some quiet time? A: Frankly, I’m eager to get to work full time as a mediator and arbitrator. I’ve been working at various jobs since I was 13 so it would feel unnatural for me to quit working. Evenings and weekends are for quiet time. Q: In all your travels, which places would you like to plan to see again? A: Ireland. It is rich with family history and filled with kind, thoughtful, happy people. Q: Is there anything else you’d like to impart to the TCBA, the citizens of Tulsa County and the Court personnel? A: Thank you for the privilege of serving the citizens of the 14th Judicial District since 1995. It has been the honor of my professional life to be a member of the judiciary in Oklahoma for almost two and one-half decades and to work with the phenomenal attorneys in our bar and the extraordinary personnel at the Tulsa County Courthouse. I have thoroughly enjoyed my association with the TCBA. I invested my heart, soul, and mind in my cases and never lost sight of the lives impacted by my decisions. The time has now arrived for me to lay down my gavel. As I approach April 1, 2020, I look forward to the next chapter in my professional career as a mediator and arbitrator. Additionally, I hope to find ways to continue serving the people of the great state of Oklahoma.
The Children & the Law
Spring Event is Here! The Children and the Law Committee is doing a drive for gently used and brand new suitcases! Have a gently used suitcase? Time for an upgrade? Or, is your generous heart big enough to donate a brand new suitcase? Well then look no further! Sadly, when a child is placed in foster care or moved from one foster home to the next, a majority of the time they do not have a suitcase to bring their belongings with them. They are forced to use garbage bags to take what they have with them, implying that they are what they have. The Children and the Law Committee will be trying to change that by providing foster children with their own suitcases to move their belongings and have for their own safekeeping. Over the next few months, please drop off gently used or brand new suitcases to donate to foster children in the area. I’d love to have a few dozen suitcases to turn over by May, 2020!
So please consider this great cause. If you have any questions about this event, please do not hesitate to contact either Natalie Sears at nsears@ robinettlawfirm.com or Steve Hale at stephen@stephenehalepllc.com “
The YLD Summer Softball League is just around the corner! If interested in forming a team, please contact Ephraim Alajaji at EAlajaji@bokf.com 18 Tulsa Lawyer
The Tulsa County Bar Association Lawyer Referral and Information Service is a long-standing program serving Tulsa and its surrounding communities. The primary purpose of the service is to refer those needing legal representation, and who can afford reasonable attorney’s fees, to an experienced, qualified attorney who practices in the area of law appropriate to their needs. The service also strives to provide general information regarding consumer, government and other agencies and community resources when appropriate. Catherine W. Hoopert, Chair of the LRIS Committee, has participated in the lawyer referral service program since 2014 after returning to private solo practice from private industry
“In addition to providing an immediate source of prospective clients, it has improved myself and my practice through the variety of persons served that come from much different walks of life. I am grateful for the many legal challenges, experiences, and as said by someone previously - THE HUGS! - are awesome by being able to explain the legal process in a way that a person understands. Many referrals just need information about the law and want to understand why something occurred this way or that way, and what are their options”.
The LRIS is seeking attorneys in all areas of practice. The below categories are especially in need.
• • • • • • • •
Civil Rights Law Education Environmental Law Immigration & Naturalization Intellectual Property Licenses Medicaid or Medicare Native Law
Lisa Laughrey, TCBA Membership Director
How long have you lived in the Tulsa Metro Area? 12 years.
Getting to Know...
What is your full name? Lisa Laughrey.
What do you like to be called? Lisa. How long have you worked for the Tulsa County Bar Association? 1 month. What position(s) have you held with the Association? Membership Director. Tell us about your family. I have a 6-year-old son, Owen, is the light of my life. Both of my parents were born in Kenya, Africa (mom is from Nairobi, and dad is from Mombasa.) They met at boarding school in London, got married, and then moved to Bartlesville, OK through my dad’s job with ConocoPhillips. My extended family still live in England and Australia. I have a younger sister who is an attorney in the oil and gas industry in Oklahoma City. Do you have pets? I have an 8-year-old dog named Lulu who is a puggle mix rescue. What were you doing before you came to work for the TCBA? I’ve served as the Director of Human Resources and Public Relations for LawnAmerica, the Director of Volunteer & Human Resources for Catholic Charities, and the Volunteer Manager for the Tulsa Zoo. During my time at the zoo, I earned my CVA (Certified Volunteer Administrator) credentials and was awarded the 2014 Volunteer Administrator of the Year award by Volunteer Tulsa for Eastern Oklahoma. What is your favorite memory from growing up as a child? Going horseback riding in the countryside of Ireland.
What do you like best about living in Tulsa Metro Area? My son and I love visiting the zoo and the Gathering Place. Without naming names, what is the most difficult task you have dealt with in working with/for the TCBA? So far, organizing a 5k Ruck Run from scratch. I never realized how many permits are required. What is the most difficult part of your job? The learning curve that comes with a new job. I get impatient with myself when I don’t have the answers because I haven’t learned something yet. What is the easiest part of your job? Working with Tami and Christy! They’re amazing! Who does the cooking at your house? Me. What’s your favorite home-cooked meal? Parmesancrusted chicken with creamy lemon tomato spaghetti. What’s your favorite restaurant? Ted’s Café Escondido. What month is your birthday? June. Coffee, tea or soda? Diet Dr. Pepper! What are your hobbies or thing you love to do on your weekends? I love cross-stitching, reading and going to concerts. Favorite Hero: My mom; she taught us how to be strong, independent women. Favorite Sport or Athletic Activity: I love dancing and yoga. Favorite Places to travel: Rome, Barcelona, and Bermuda. Favorite College Experience -My time at OU in Norman was amazing! Hard to pick just one, but probably meeting my friend Amy during rush week of our sorority. 17 years later, we’re still best friends and so are our kids. Anything else you’d like members to know about you? I’m thrilled to join the TCBA family and excited to get to know you all! Tulsa Lawyer 23
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facebook.com/ tulsacountybar
@tulsabar
The 2020 Law Day Theme "Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100" Remaining Book Club discussion dates are listed below. Registration is limited to TCBA members and one guest per member with a limit of fifteen participants per session. Members may register for any one or more sessions. To register, email Judge Martha Rupp Carter at martha.carter@oscn.net Sessions will start at 5:30 or 6:00 p.m. The specific time and location of the session will be provided in the registration confirmation.
April 23, 2020 Education by Tara Westover Discussion Leader: Morgan Smith May 5, 2020 The Second Founding: How the Civil War and Reconstruction Remade the Constitution by Eric Foner Discussion leader: Robert Spoo
Lynn Miller Law Day Book Club, third session, held at the Greenwood Cultural Center in the Goodwin/Chappelle room to discuss Conviction by Denver Nicks and John Nicks. Depicted are Tammy Ewing, Judge Martha Rupp Carter, Judge Linda Morrissey, author John Nix, Emily Duensing, Morgan Smith and Mike McBride.
Three Bears v. Gold E. Locks The Three Bears v. Gold E. Locks mock trial was conducted for the Holland Hall pre-K class on Feb. 24 at the Family Center for Juvenile Justice. Judge Martha Rupp Carter served as the judge for the mock trial and parents played the roles of the litigants and witnesses at the trial. There were about 45 students, and, yet again, the Three Bears prevailed.
“Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100”
Women’s Suffrage March & Rally! Saturday, February 22
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The TCBA held a sign making party on Thursday before the March and Rally. The March took place at the Tulsa Historical Society. Bottom left: Ida B. Wels, Elizabeth Cady Stanson & Susan B. Anthony were all represented. Bottom Center: Judge Sheila Condren, Judge Martha Rupp Carter, Judge Jane Wiseman, Judge Theresa Dreiling and Julie Evans.
Tulsa County Bar Association
Judicial Dinner January 30th, 2020
An extended special thank you to all of our sponsors and participants.
Platinum
gold
Auction Item Donors
Trisha Archer, Austin Birnie, Shena Burgess, Christy Bush, Judge Martha Rupp Carter, Tamera Childers, Mike Esmond, Melissa Fell, Amber Peckio Garrett, Cathy Hoopert, Judge Ann Keele, Mike McBride, Kimberly Moore, Judge Linda Morrissey and John Nicks, Ryan Nanney, Faith Orlowski, Natalie Sears, Sen. Gary Stanislawski, Jennifer Struble, Michael Taubman, Christina Vaughn, Kara Vincent, Ken Williams, and Tami Williams
Auction Item Business Donors
silver
Archer Law, Barber & Bartz, Ben Trosper, Hall Estill, Danny O'Connor, Osage Casino & Hotel, Stoney Creek , Rustie Moore, Tulsa Botanical Gardens, Oklahoma State University Athletics, The TCBA Animal Law Committee, Tulsa Drillers, Glacier Chocolates, Cooks Nook, Spa Southern Hills, Tulsa Opera, Third Generation Electric and Tulsa Ballet
Judicial Dinner Planning Committee
Jim Milton, Judge Ann Keele, Kimberly Moore, Kara Vincent and Tami Williams
The TCBA Staff
Greg Gordon, Tami Williams, Christy Bush, Mallory Sanstra and Trudy Heck Tulsa Lawyer 29
Tulsa County Bar Association
Member Benefits
Member Favorites: • Free Continued Learning Education (CLE) classes. Attending 12, live, 1 hour CLE’s, saves you $600 a year! • Exclusive ability to purchase a Courthouse Access Security Badge, with a discounted rate. • Ability to purchase the O.R. Card for O.R. privileges. • Free monthly subscription of Tulsa Lawyer Magazine, the official publication of the Tulsa County Bar Association, a $40 savings. Digital copies included. • Opportunity to increase your client base through TCBA’s Lawyer Referral Program. • Ability to develop strategic relationships through professional networking opportunities. • Opportunities to volunteer in the specific law area of your choice through sections, committees, and community projects with other attorneys. • Discounted tickets to local sporting events including the Thunder, Oilers, Drillers, Roughnecks and Golden Hurricane.
Brand New Member Benefit: • Free notary service! All of our TCBA employees are licensed professional notary publics and are pleased to offer notary services for our members free of charge! Professional Development: • Unable to attend the free live CLE trainings? Members receive a discounted rate to watch the video recordings. • Discount to TCBA & TCBF events such as the Judicial Dinner, Law Day, the Annual Meeting Luncheon and more! • Exclusive access to the Tulsa County Courthouse Law Library Lounge. • Free copy of the TCBA Pictorial Directory, upon request. • Ability to join TCBA & TCBF committees for free (20 different service-oriented groups available.) • Ability to join TCBA sections to receive specific law area themed CLE courses (19 different substantive law groups.) • Hone your public speaking skills by teaching a CLE course and receive extra credits. 30 Tulsa Lawyer
New & Notable Member Perks! Goods & Services: • 25% Discount at all of the Fox Cleaners locations for your convenience. Visit www.foxcleaners.com for more information. • OK Dockets is a web service that scans a list of your cases for updates multiple times a day and sends you an email with updates. Use code TCBA10 to receive a 10% member discount at www.okdockets. com. • Opportunity to refinance student loan debt through partnership with Credible. Visit https://www. credible.com/partners/tcba for information. • Discount at several online national retailers including Expedia, Verizon, Best Buy, Office Depot and many others through National Purchasing Partners. Use the following link to see all discounts offered: https://mynpp.com/association/tulsa-county-barassociation. • Preferred room rate at DoubleTree in downtown Tulsa. TCBA preferred rate also includes complimentary shuttle service to/from the Tulsa International Airport, shuttle service around downtown, guestroom internet, garage parking and a warm DoubleTree cookie at check-in. *Must identify yourself as being with the TCBA at the time of reservation to receive discount. • Preferred room rate at Holiday Inn – Tulsa City Center. Visit www.ihg.com. click on “More Options” in the find a hotel box. Enter corporate id “786871924” to receive discount. We’re always trying to add new benefits our members will love. Please send ideas and suggestions to Lisa Laughrey, Membership Director, at LisaL@tulsabar. com. Consequently, if you have any connections with local vendors and want to share the love, please pass their information along so we can reach out to them.
Grapevine N e ws
and Editor-in-Chief of the Columbia Journal of Environmental Law, and his Bachelor of Science in Biochemistry, magna cum laude, from the University of Nevada, Las Vegas.
Secrest, Hill, Butler & Secrest proudly announces the addition of Jeff Fields and Jennifer Struble as partners in the firm. Jeff Fields has been an associate of the firm since 2013, practicing in insurance defense including medical malpractice, nursing home defense, and construction defect cases. Jennifer Struble has been an associate of the firm since 2009 practicing in insurance defense including professional negligence, construction defect cases, employment law, and appellate law.
Norman Wohlgemuth is proud to announce new partner Chad Kutmas. “We’re excited to have Chad join our firm; he brings extensive experience in areas that are complementary to our other practice areas, including corporate law and restructuring,” said Joel Wohlgemuth. Mr. Kutmas comes to the firm with nearly two decades of experience and will add to and expand the firm’s current practice in business litigation, transactions, and corporate formation. He has extensive experience in restructuring and bankruptcy matters. Throughout his career, Mr. Kutmas has represented creditors, trustees, creditors’ committees, and corporate debtors in bankruptcy litigation and transactions, workouts, reorganizations, and creditors’ rights in local, regional, and national cases. Over the years, he has been involved in litigation and commercial matters in various and varied industries, including oil and gas, banking and finance, aviation, and healthcare, among other industries. Mr. Kutmas received his Bachelor of Arts degree from the University of Arkansas in 1999 and his Juris Doctor from the University of Tulsa College of Law in 2002. From 2002-2004, Mr. Kutmas clerked for a federal bankruptcy judge in the Northern District of Oklahoma. Mr. Kutmas was named a Rising Star in 2009 and 2010 by Oklahoma Super Lawyers, and was recognized by Best Lawyers in 2020 for his work in bankruptcy, creditor/debtor rights, insolvency, and reorganization law. Chad can be reached at: cjk@nwcjlaw.com (918) 732-1108 (Direct), (918) 809-9942 (Cell)
Hall Estill, with offices in Oklahoma City, Tulsa, Denver and Northwest Arkansas, has announced that Dustin Crawford has joined the firm’s Oklahoma City office as Of Counsel. Crawford focuses his practice on corporate and transactional matters, particularly those involving finance, securities law and governance. “We’re thrilled to have Dustin join us,” said Mike Cooke, managing partner for Hall Estill. “Dustin’s breadth and depth of experience, together with insights and perspectives gained from serving in in-house roles for two different public energy companies, make him a valuable addition to Hall Estill and a great resource for our clients.” Prior to joining Hall Estill, Crawford served as Senior Counsel and Assistant Corporate Secretary of SandRidge Energy, Inc. (NYSE: SD). He previously served in similar capacities at Chesapeake Energy Corporation (NYSE:CHK) and in private practice with Bracewell LLP (formerly Bracewell & Giuliani, LLP). Crawford received his Juris Doctor from Columbia Law School, where he was President
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Classified Ads THE UNIVERSITY OF TULSA COLLEGE OF LAW invites applications for one or more legal writing assistant professor positions to begin August 2020. Areas of teaching may include, though not necessarily limited to, Legal Writing I, Legal Writing II, Legal Writing III and/or Strategies & Skills for Bar & Practice. Minimum qualifications include J.D. from an ABA-accredited law school, a strong academic record, and excellent written and oral communication skills. Relevant legal practice experience is preferred. The University of Tulsa College of Law, as an equal opportunity/affirmative action employer, is committed to equality of opportunity in its employment of faculty and staff, without discrimination on the ground of race, color, religion, national origin, gender, age, disability, or sexual orientation. Members of under-represented groups are strongly encouraged to apply. If you would like to learn more about the College generally, you may visit our website at www.law.utulsa.edu. Please submit letters of interest and résumés to Prof. Robert Spoo, Chair, Appointments Committee, University of Tulsa College of Law, 3120 E. 4th Place, Tulsa, OK 74104, or by email to robert-spoo@utulsa.edu. Graves McLain is an AV rated personal injury law firm based in Tulsa, Oklahoma. Our firm handles personal injury, medical negligence, premise liability and mass tort cases all over Oklahoma and the country.
We are looking for a 6-8 year Associate Attorney to take lead on a large inventory of Personal Injury cases and 2nd on a smaller docket of medical malpractice and very complex cases. Excellent culture and benefits. Salary and performance bonuses • Health Insurance • Dental • Vision • 401k
Come reach your potential! Please submit resume and cover sheet to Sharon@GravesMcLain.comNo phone calls, please!
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Jon Starr
Mediator and Arbitrator Contact DRC for scheduling 918-382-0300
Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
"The most fortunate of us all in our journey through life frequently meet with calamities and misfortunes which may greatly afflict us: and to fortify our minds against the attacks of these calamities and misfortunes should be one of the principal studies and endeavors of our lives." PRSRTD STD US POSTAGE PAID Pontiac, Illinois PERMIT# 592
-Letter from Thomas Jefferson to John Page, 15 July 1763.
