05-18 Tulsa Lawyer

Tulsa Lawyer Magazine May 2018

Photo Winner Harry Lentz, Jr.

Golden Rule Award

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A Message from

Christina Vaughn

2017-2018 TCBA President

6 Golden Rule Award 2nd Quarter

In this Issue TULSA LAWYER

May 2018

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Walking for Education

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May is Member Appreciation Month!

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Children & the Law

10 Women in Black (Robes) for Justice

By Michael P. Taubman 19 TCBA Paralegal Section & the Legal Expo 20 Thank you to our Law Week Committee 21 Community Outreach Making a Difference

Ken Underwood

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Lost at Sea

By Stefan Mecke

22 Fighting for the Future of Oklahoma,

Girl Attorney, LLC Advocates for Education

By Brittany Hunt-Jassey, Esq 25 YLD Trivia Night 26 Law Day Book Club Schedule 27 Grapevine 30

Last Chance to Tee Off!

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Candidate profiles for the 2018-2019 TCBA Elections will be featured in the June 2018 Tulsa Lawyer Magazine

@tulsabar Tulsa Lawyer 1

A Message from the President

Christina M. Vaughn

Marching with Purpose Greetings TCBA members,

personally. My experience with the group has shown it to be steadfastly serving that purpose. Members use the group to share their dreams, accomplished or sought By the time this letter is published in our May edition, after, the frustrations with which they struggle or have the teacher walkout may have concluded; hopefully with overcome, to ask questions about the law and practice, a positive resolution. Nevertheless, I want to share with to obtain referrals, and to discuss the ever-popular topic you my experience in participating, along with a couple of life and career....aka "work life balance"! hundred of my fellow “Girl Attorneys,” in truly inspiring event to support Oklahoma teachers in their efforts to On Thursday, April 5th, Tulsa-based attorney Becki Murphy Francy posted to the Girl Attorney-OK Facebook increase funding for education in Oklahoma. page asking 100 (or more) of her fellow Girl Attorneys A bit of the backstory first. About two years ago, I was (“GAs”) to join her at the capitol on Monday, April 9th introduced to and joined a Facebook group called Girl to show support for the teachers and lend our skills to Attorney-OK. If I had the time and space, I would love to assist in finding a resolution to the problem. In just a few tell you more about this group, but for now, I will simply hours, more than 100 GAs had agreed to join her. And say that it was founded by Oklahoma attorney Susan just like that, the post went viral, caught both local and Carns Curtiss as a place for Oklahoma women attorneys national media attention and came together. to support and encourage each other professionally and

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On the morning of April 9th, I met roughly 200 of my fellow GAs, all donned in black, and began our march from the Oklahoma Bar Association building to the capitol. The entire route was lined on both sides with crowds of teachers who cheered and clapped and gave us high fives, and some even shed tears. We high fived and cheered and thanked them right back. I cannot describe how remarkable it was to be there with these strong, brave teachers, parents and students. I was absolutely dumbfounded that having us there meant so much to them, and was deeply moved by their support of us. I was only there for a few hours and it was hard, frustrating work. At that time, the educators had been there now for six days. The fortitude they are showed is astonishing and it sets such a wonderful example for the kids. They cheered for us, but I wanted to do backflips for them.

It is said that a picture is worth a thousand words, so here are a few from the event.

I look forward to seeing many of you at our various Membership Appreciation Month (“MAM”) events, the first of which is the May 5th Zoo Party, that is open to TCBA members and their families. Following the Zoo Party, we will have events at Pinot’s Palet, The Safe House (escape room), the Tulsa Drillers, The Dust Bowl, and day of free CLE with lunch. All MAM events are free, but space will be limited, so be sure to register early.

Happy Mother’s Day and best wishes for a happy and safe Memorial Day. Sincerely,

As attorneys, it is incredibly rare that we are exalted, Christina M. Vaughn cheered and thanked, particularly by a crowd of tens of TCBA President, 2017-2018 thousands. I’ve since commented that I have never been thanked so heartily for doing so little. I doubt I’ll ever experience another moment such as that in my lifetime.

See more photos More than anything, I hope our presence at the capitol helped the teachers, but I also hope that it served as an opportunity to move public perception of the legal profession in a favorable direction.

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Girl Attorney-OK Walking for Education 4 Tulsa Lawyer

• March for Teachers, Students & Oklahoma Education • Oklahoma Bar Association to Oklahoma State Capital • Monday, April 9, 2018

MAY is Member Appreciation month!

To show our appreciation for our members, the TCBA is holding the second annual Membership Appreciation Month. This year, we are hosting six different events. All Membership Appreciation Month events are free, but space will be limited, so be sure to register early.

seven of the rooms at the venue and anticipate some strong competition taking place. Which team will escape soonest (if at all…)?

The following week, on May 15th, we will host a Night

at the Ol’ Ball Game. We have reserved 25 tickets for The first event is our family friendly Party at the Tulsa the Drillers game, and each attendee will be provided $10 Zoo on May 5. The Zoo Party will have a capacity of 150 Drillers Dollars to purchase food and/or beverages of their people. Attendees will have access to the Tulsa Zoo all day choosing. with train rides, and, in honor of Cinco de Mayo, we will have a delicious street taco bar (as well as a separate kid We have two events planned for the following week. First, on May 23rd, we will hold a Full Stomachs and Minds friendly menu). The dinner will be at 6:00 p.m.

CLE & Lunch at the TCBA. We are planning to have at

The next event is a Paint-n-Sip at Pinot’s Palette on least six hours of free CLE, including one hour of ethics.

Cherry Street at 7:00 on May 9th. This event will be for Finally, on May 24th, we will host Strikes & Grub at 25 people. the Dust Bowl Tulsa. We have reserved all six of the

Up next will be our Sleuths and Sherlocks Escape at The Dust Bowl’s public lanes for 2 hours and will have food Safe House Tulsa. This event will be held at 7:00 p.m. on and drink available for attendees. This event will be from May 11th for up to 56 people. We have reserved all roughly 5:30 to 8:00 p.m. Folks are encouraged to stop by even if they don’t plan to bowl.

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Night at the Ol' Ball Game Tulsa Drillers 7PM

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Paint-n-Sip at Pinot's Palette Cherry Street 7pm

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

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Sleuths and Sherlocks Escape at The Safe House Tulsa 7PM

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

Tulsa Lawyer 5

Ken Underwood

2017-2018 Golden Rule Award ~ 2nd Quarter

By Matt Farris

Ken Underwood has been successfully practicing law in Tulsa for over 35 years focusing on representing clients involved in catastrophic injury and wrongful death matters. Ken has also served as City Attorney for the City of Collinsville since 2002. During his impressive career, Ken has selflessly and consistently dedicated himself to serving the needs of his many clients and to the Tulsa area community through decades of service to Bar as well and many other charitable organizations and worthy causes. His dedication has not gone unnoticed and, consequently, Ken is the recipient of the Tulsa County Bar Association’s Golden Rule Award.

Among other criteria, the TCBA Golden Rule Award is presented to attorneys who consistently honor his or her ethical and professional obligations as an officer of the Court as well as the spirit and intent of the Rules of Professional Conduct, exhibit the highest standards of fairness and integrity, display courtesy, respect, professionalism and honesty to the Court and opposing counsel, and improve the image of the Bar to the public through his or her conduct. Ken Ray Underwood epitomizes these enviable traits and regularly exceeds these ideals as a practicing attorney as well as a local citizen. He is a truly worthy recipient of this recognition.

With specific reference to Ken’s professional demeanor and reputation, the Honorable Daman H. Cantrell summarizes why Ken deserves this recognition as follows: Ken is a “lawyer’s lawyer.” By that I mean he is a fearless and zealous advocate but also performs his craft with the utmost of professionalism and civility. He is unfailingly pleasant even under the most stressful of circumstances with both opposing lawyers and the court. Ken’s good sense of humor always helps in this regard. In addition, I have always admired how Ken, even after nearly 40 years of practice, has not stopped being a student of the art of being a trial lawyer.

He regularly attends programs on a national level on trial advocacy and is always striving to improve his lawyer toolbox.

GOLDEN RULE

1: capitalized G&R : a rule of ethical conduct : do to others as you would have them do to you 2: a guiding principle

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Prominent Tulsa attorney Lisa Riggs has also weighed in on why Ken is a worthy recipient of the TCBA Golden Rule Award: Ken is an excellent attorney who regularly shares information with fellow attorneys regarding important legal precedents, witnesses, experts and general litigation advice. Not all attorneys take the time to offer their thoughts, ideas and opinions to other practicing attorneys, but Ken regularly does.

Regarding Ken’s civic involvement, he manages I know Ken devotes countless hours to assisting with to maintain a thriving legal practice while constantly Mock Trial Team training and competition. His devoting time to organizations - both legal and nonlegal time and expertise has resulted in many students - that serve the needs of our community. Throughout gaining valuable skills and confidence that I know his career, Ken has managed to devote countless will serve them well in all areas of life. I also see hours to organizations including the Tulsa County Bar Ken at virtually every Lawyers Fighting Hunger Association, Lawyers Fighting Hunger, the Indian event here in Tulsa. He always has a big smile on Healthcare Resource Center, and the Community Service his face and warm greetings for every deserving Council. He also coaches Mock Trial teams at Owasso citizen we see at our food distribution events. He is High School and has served as a career mentor at McLain a wonderful human being who is a credit to the legal High School, while still finding time to volunteer as a profession and a real asset to our community. I feel wrestling coach for Whitney Junior High School and a very lucky to know him and call him a friend. weight lifting coach at the Tulsa Boys Home. Because - Attorney Lisa Riggs of his consistent and genuine dedication to serving his community, Ken’s colleagues and peers are well-aware On a personal note, I have known Ken since I was a of the time an effort he devotes to his fellow citizens and young man and to this day – many years after I first met were happy to comment on why deserves this award.

Ken - he always greets me with kindness while exuding positivity. He is a kind and generous man, and I am For the last five years, Ken has been a coach to our fortunate to now consider Ken a colleague and friend.

State Championship-winning mock trial team at Owasso High School. Needless to say, to have a Perhaps Tulsa attorney Hugh Robert best sums up trial lawyer of his experience and quality is a huge why Ken is the recipient of the TCBA’s Golden Rule asset to our team. Yet, Ken sees his involvement Award: with these young people as another opportunity for Ken Ray Underwood is one of the most selfless him to grow as a person and as a trial lawyer. He individuals I know. He maintains his horses, always tells me that to teach, one must learn and his law practice, and is involved in a number of keep learning. He attributes his own improvement charities not only with his financial contribution as a lawyer to his involvement with these high but his passion and his time. Ken Ray Underwood school students who compete on an elite level at has been a consistent supporter since we first began both state and national competitions.

Lawyers Fighting Hunger and is out there handing The Owasso students and parents call Ken the “Zen out hams or turkeys every event, rain or shine and Master” because of his unique ability to always always has a smile on and ready to work. have the right words in a situation, whether a joyful Congratulations, Ken. Well done! victory or the most painful of losses in State Finals.

At our annual banquet he is always the last speaker because he leaves all who hear him with words of inspiration, passion, and love. While readily admitted to being a child of the 60’s, Ken always says that doing things in life that are meaningful and with passion spring from love and caring about people, whether teammates or clients or fellow lawyers.I can think of no more deserving lawyer to win the Golden Rule Award than Ken Underwood.

He inspires so many people every day.

- The Honorable Daman H. Cantrell.

The Golden Rule

Tulsa Lawyer 7

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

We can help them in the following ways:

Volunteer to help arrange the new resource center The resource center is in a huge need for summer items, and you could donate the following: - Sunscreen - Bubbles - Sidewalk chalk - Goggles

The TCBA will be CLOSED Monday, May 28, 2018 in honor of Memorial Day.

Honoring All Who Served

- New swimsuits - Kites - Sunglasses - Beach towels

Items the resource center is always in need of: - Diapers (all sizes) - Wipes - Toiletries - Feminine hygiene products - Monetary donations From now until May 18 feel free to drop off any of the above items at the Tulsa County Bar Association, or if you can’t make it there, feel free to coordinate with Natalie Sears at nsears@cordelllaw.com and she will come get the items from you. th

Look for an upcoming happy hour to benefit TAPC as well!

Natalie Sears, Chair

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

Contact mptaubman@taubmanlawoffice.com or tulsabarnews@yahoo.com.

We love member input!

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Tulsa Lawyer

Women in Black (Robes) for Justice Hon. Mary Fitzgerald & Hon. Doris Fransein

By Michael P. Taubman

Now, I turn your attention to two particular women in black (robes) who’ve served our legal community from the bench for many years now, the Hon. Mary Fitzgerald and the Hon. Doris Fransein.

I reached out to both jurists upon learning of their intention not to run for re-election to their judicial seats. Both were gracious enough to take time out of their schedules to share some of their insights about their service in law and the judiciary.

Judge Mary Fitzgerald

Judge Doris Fransein

Figuratively speaking, March went out like a lamb, but April sure has come in like a lioness pouncing on its prey with fury, tearing through herds of bloated warthogs and fattened wildebeests. I’m sure some of the members of the Oklahoma legislature understand this analogy, having spent (considerable) time recently with our teachers and many of our licensed attorneys, specifically the members of Girl Attorney, LLC who advocated for education. I trust that by the time this issue of Tulsa Lawyer arrives, the educational system shall (may?) have resumed operations and/or there may (shall?) be a lot of legislators running to save their jobs from the onslaught of new candidate filings. Kudos to all the women in black who marched and demonstrated advocacy at the capitol.

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Q: From time to time in election years, you see commentary about whether the judiciary should be elected or appointed. Oklahoma went through major reforms in the late 1960’s and early 1970’s to our judicial bench. From your experience and tenure on the bench, do you favor elections over appointment?

“Although I was elected to the District bench and have never gone through the JNC process, I believe that the appointment process is better for the legal system,” said Fitzgerald. “Candidates are well vetted and, although politics plays a role in both, the appointment process is less political with our current Modified Missouri plan.” She stated that “I respect the election process, but I do not believe that the public has an adequate understanding of the third branch of government.”

Fransein added that “[she] experienced both the appointment and election processes.” “Although I was elected to the District Court bench by both Tulsa and Pawnee Counties' voters in 2002, I do not believe that the process fully vetted the best candidate for the position.” She continued that “[m]ost voters were unable to understand the qualifications necessary to select the best candidate and relied on friends or attorneys to assist them with their selection. Many were influenced by their personal experiences in the courtroom - generally divorce proceedings - to guide them IF a Special Judge was running for office.” She finished, stating that “[it] is my belief that a competent judicial selection committee, as we currently have, is the better of the two processes.”

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

Fitzgerald offered that “[she] first aspired to the judiciary after trying a case in Craig County where I was ‘home-towned’ by the judge. I vowed at the time to become a judge and always be fair and impartial regardless of who the parties were or where they were from.” This idea took root, and was nourished by other women judges. “I was encouraged

by Judges Deborah Shallcross and Linda Morrissey to apply for a position as a family and juvenile court case manager and referee, which was my first step toward becoming a judge.” Fransein answered that she felt “[h]onestly, I was not a good advocate to represent a party in litigation. My inclination was to resolve issues rather than raising issues, which may have been developed in my earlier years as a social worker.”

Q: In your careers as lawyers and jurists, what aspects did you most enjoy about each?

Generally, it was stated that “making a difference, hopefully for the positive,” gave them the most enjoyment from their careers.

Q: Which qualities do you believe make for good judicial temperament?

While Fransein abstained from identifying a specific list, like a check-box of qualities, Fitzgerald offered her belief that “[g]ood jurists get along well with people and can be civil even in the most trying circumstances.” She explained that “[a] good judge is curious, follows the law regardless of their personal opinions, and is willing to sacrifice for public service.”

Q: What was the most valuable piece of advice you received during your career on the bench?

Fransein describes her belief of the need for self-reflection “[t]o recognize my personal biases, own my personal biases, and to set them aside when adjudicating a case.” While Fitzgerald offered a more practice-focused answer. “Timely rule on dispositive motions,” said Fitzgerald.

Q. Can you share some of the more memorable cases that you’ve heard, good and bad?

Fitzgerald described one of her more recent cases, complementing the counsel involved by saying “[t]he most memorable is a fire case perhaps because we are getting ready to go to trial again for the 3rd time, but more likely because of the great lawyers.”

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?

Fransein’s selection was a fairly recent case, Roper v. Simmons, 543 U.S. 551 (2005). She explained her selection. “This landmark case regarding the unconstitutionality of executing juveniles based upon the science of the developmental process of maturation of human beings demonstrates the application of uncontroverted evidence to the most precious commodity we have in society - children and youth - without the influence of current politics.” She spoke with admiration of the decision, declaring “[t]he majority decision is well reasoned, well written and provided our Nation with a pathway to better understanding for the potential that our youth can provide. For too long this Country has mistakenly judged our youth - feared our youth - for behaviors that can be generally attributed to immaturity and trauma. Both can be addressed, either by nature or treatment, over time. As eloquently written in Roper, we must not give up on our youth.”

By contrast, Fitzgerald reasoned that “[t]o have been a jurist on any historical landmark case, I would have had to have been an appellate judge. That is not a position I have aspired to.” She clarified that “I enjoy trial work and believe my talents lend themselves more to a trial judge than an appellate judge.” However, she did offer “[t]hat being said, I would have liked a vote on the Citizens United case.”

years in juvenile court addressing what I consider to be the most difficult cases. I have been counseled by many retired juvenile judges throughout our country who have advised to ‘rest’ until I wake up one morning and ask ‘what day of the week is this?’”

Fransein described that “[v]icarious trauma is a side effect of what I do and walking into a courtroom will not assist in healing.” She did not rule out any further associations with the law. “I do hope to train and consult with other jurisdictions regarding best court practices with respect to juvenile law. I have been extremely fortunate to receive this training through National Council of Juvenile and Family Court Judge as well as Zero to Three Infant Mental Health organizations and believe that this invaluable information should be shared.”

Q: When you’re away from work, what do you like to do in your spare time?

Both jurists related common interests in travel, family and friends. “I read, travel, go to the gym, and spend time with family and friends” responded Fitzgerald. “I hope to continue the same without a built in schedule.” Similarly, Fransein offered her desire to “[t]ravel, spend time with my son, dogs, and friends, work in my gardens, and play the piano and violin.”

Q: Anything else you’d like the TCBA members to know?

Both judges were thankful of the people they’ve encountered in their careers. Said Fransein, “I am deeply appreciative of the support, recognition, and outstanding legal education I have received over the years by our outstanding legal community.” She confessed that “I am humbled and thank all of you in being a part of my legal experience as an attorney and a judge. You will be missed.” Fitzgerald offered a very strong closing argument with, “Retirement is not death.”

Equally, Fitzgerald shared her thanks, stating “I am very Q: Considering your next 5 years, do you have a set appreciative for the opportunity I have had to serve the plan in mind for continuing in the practice of law in a 14th Judicial District and the State of Oklahoma. I love certain area / capacity? my job and I am ready to start another adventure.”

“I currently have no plans” said Fitzgerald. “I do not plan to be idle and hope to find a way to make This author would like to thank both Judge Fitzgerald and a difference in some capacity.” However, she revealed Judge Fransein for indulging me with the opportunity to that “I do not plan to practice law.” Continuing that question them. Thank you for your time in service to our “[she] will be happy to have my 1st Amendment rights legal community and the public at large. May the best again.” Likewise, Fransein succinctly said “No. I have day of your past on the bench, be the worst day of your spent many years in the courtroom and seventeen (17) futures.

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Want to learn more about Girl Attorney, LLC? For more information on Girl Attorney, LLC and the women behind the organization featured on page 5 of this issue of Tulsa Lawyer visit girlattorney.com or search Girl Attorney, LLC. on Facebook.

The Mission of GIRL ATTORNEY, LLC: GIRL ATTORNEY LLC exists for women attorneys (both those that do, and do not, practice law) to support and encourage each other both professionally and personally.

Lost at Sea

By Stefan Mecke

Cruise Life: It’s Not Just Sunburns And Buffets

During the summer months my wife (a schoolteacher) and boys are out of school and often in search of adventure. Over the years they have developed a fondness for cruising to Caribbean islands. Reluctant at first, due to a strong sensitivity to the unforgiving Caribbean sun, I eventually began to welcome the trips.

Something about being captive on a ship with strangers and a very internationally diverse workforce for an extended period of time appealed to me. When most of the ship guests debarked for offshore excursions, I would prefer to stay behind and visit with staff members about their experiences back home and work life on the ship.

I have heard many interesting stories about the “behind the scenes working world” on cruise ships.

For example, I learned that the type of labor, wage & overtime, and Title VII rights that protect U.S. workers do not apply on International Waters. One waiter claimed to have worked seven days per week, without a day off for three months, averaging 100 hours each week. He

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informed me that wages are not tied to hours worked and that workers typically sign contracts to move away from their homes and families for 4-8 months at a time.

My favorite on-board barista informed me that his supervisors had 24 hour access to him at all times just by ringing his phone and waking him up in his cabin.

He told me that sleep was very limited for him so every off hour was spent trying to catch up.

My cruise experiences have provided me with many important lessons in human behavior and employment related dynamics; however, one of the most interesting cruise lessons learned was in the area of communication, and crisis management.

Donuts And Delivery Make All The Difference

On one of our more memorable cruises, I snuck down to the ship’s health club early in the morning for a run and to watch as the ship sauntered back home through the Gulf of Mexico. I had been running on the same lonely treadmill all week as it offered a spectacular view of the ocean, however, on this particular morning

Announcement #1. An Italian Captain (who I something unusual began to happen. First, staff members began walking in circles on the deck area just outside my later learned was in charge of the ship’s engineering) carefully selected treadmill as they held what appeared frantically pronounced the following: to be cell phones up to the sky. I watched curiously and “Ship passengers, I regret to inform you that wondered if they might be taking pictures of seagulls or this morning at 0500 [5 am] a large barge, something of that nature. As the morning grew, so did distracted by the dense fog, struck a giant ship the crowd as sun-kissed guests began to join the staff on in the Galveston Bay causing approximately the deck, behaving in the same manner.

150,000 gallons of oil (the black, sticky and particularly heavy kind) to dump into the

My observations were cut short by a message Bay. Due to this unfortunate event, we will that my boys had awoken and wanted me to grab them not be proceeding through the Bay to shore donuts and serve them breakfast in bed (as I had done all anytime soon.” week) so that they would not have to miss their important At that moment, mindful of our already alarmed morning cartoons. When I arrived at the room with a young boys nearby, my wife and I looked at one another smorgasbord of donuts and began to tell my family of the strange events I had observed outside the health club and silently recalled a then insignificant, but now window, two announcements pierced the quiet of our possibly very important conversation we had prior to booking the cruise. My wife and I had debated going on tiny cabin and clarified what had been happening on the the cruise due to a recently publicized cruise experience ship...but in two dramatically different ways… that had gone very badly. That cruise had lost power Tulsa Lawyer 15

at sea which left patrons stranded without electricity, or even adequate food, water, or plumbing. In light of that event, we had perused our “cruise contract” and were surprised to see the following statement lurking in the fine print:

“HEY KIDS!!! For those of you that had dreams last night of staying on this wonderful cruise vacation for an extra day, your dreams have come true!!! Get out of your cabin and come join me and the ship’s staff…we are ready to serve you. All of the ship’s restaurants and venues have opened for your extra day at sea.”

TH E R E IS N O GU A R A N T E E F O R SAFE PA S S A G E , A S E AWO RT HY V ESSEL, AD EQU ATE OR WH O L E SOME FOOD, OR S A N ITA RY OR SA F E LIVING Crises Management Over Fish Tacos CO N D ITIO N S .

Within minutes of exiting our cabin, we had a Announcement #2. Things were definitely starting fortuitous encounter just outside the ship’s fish taco stand. to get a little dark in that little cabin as my wife and I While we were ordering fish tacos, the ship’s captains began to silently reflect on the impact of that contractual happened to barrel out of a door in mid-conversation just obligation (or lack thereof) on the part of the cruise outside of the taco stand and just outside of our earshot. line. Before we could slip any further into a dark abyss The captains were enthralled in what appeared to be a of concern, just minutes after the first announcement very intense discussion. Seeing what was happening, came a second. It was our good friend…the first person we discretely grabbed our tacos and made our way to a to welcome us when we walked onto the ship…the railing much closer to the conversation. We proceeded Australian Captain…who everyone on the ship knew was to quietly dine on tacos and “look busy” by scanning the in charge of the ship’s guest services and entertainment.

He beamed onto the intercom system with the following ocean and perhaps horizon (but certainly not listening in to the private conversation). celebratory pronouncement:

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The ship’s leaders were carefully making a “go/ no go” decision regarding whether to (i) stay out at sea and clear of the Bay, or (ii) proceed to shore before the oil spill expanded. We heard one of the leaders say: “OK…so we are all in agreement?” The group then started dispersing. Unwavering, the Italian Captain (over the Ship’s Engineering operations) yelled after them: “but wait…what if the oil gets into the ship’s engines…what then?” At that moment, all eyes turned to address the Italian Captain and couldn’t help but notice my wife and I with our mouth’s wide open also staring directly at the Italian Captain. Our cover had been blown. We got so wrapped up in the discussions that we forgot to “look busy.” Rather than staring out into the ocean, we were both visibly staring at the Italian Captain and reflecting on the ramifications of his pointed question. The remainder of the conversation amongst the Captains proceeded in muted whispers but likely covered potential risks and liabilities such as (i) significant damage to the ship, (ii) significant cleaning costs, (iii) financial losses due to taking the ship offline for an extended period of time, and/or (iv) environmental damage/loss stemming from the large ship’s wake and further dispersion of oil.

The Captains dispersed, we finished our fish tacos, and minutes later a third announcement pierced the air. The Captains had made a “go” decision and announced that the ship would be proceeding to shore.

It turns out the Captains made a good call. The ship returned to shore without incurring economic or environmental damage and the ship’s guests enjoyed an extra day of fun at sea.

Cruising (Like Life) Is Not Always Smooth Sailing

Dealing with a crisis of the magnitude experienced by the cruise ship Captains can certainly be challenging. In our profession we are often assisting others with crises situations. People turn to us when they feel lost at sea and in need of help navigating the rocky waters they experience in their personal and professional lives. We, like the cruise ship leaders, are also often called on to assist with and to resolve issues that have very serious consequences and financial ramifications to the individuals themselves, and oftentimes their families and others close to them. The cruise ship leaders made the best “go/no-go decision”

they could with the expertise and information available to them at that time, despite being forced to make a quick decision due to factors beyond their control. As each minute passed, the situation could have worsened due to the changing composition and expansion of the oil in the Bay.

Like the ship’s captains, we also face difficult situations with unclear outcomes. Oftentimes, we are initially pulled into situations for our knowledge.

Sometimes I feel like our profession is really that of “information brokers.” We are the subject matter experts that others rely on. Having knowledge alone, however, is not enough to be a truly wise advisor. We must provide our knowledge with courage to truly assist those in need. It is not enough for us to know what to do and when action should be taken. We, like the cruise ship leaders, must also be brave enough to follow through.

Stefan Mecke is an attorney at Barber & Bartz

Photos property of Stefan Mecke.

May not be reprinted without permission.

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The Tulsa County Bar Center will be closed Monday, May 7th for the TCBF Annual Charity Golf Tournament.

18 Tulsa Lawyer

2018 Legal Expo ~ Thank you!

On behalf of the TCBA Paralegal Division, we would like to thank all this year’s participants in the 2018 Legal Expo held on March 29 at the Mayo Hotel.

was Parks and Recreation and the public response to our booth was very encouraging.

th

Our basket for the drawing included a fifty-dollar gift card, wine

Special thanks go out to Gloria and glasses, a picnic basket, water Jones, Rhonda Ford, Debbie Woodruff bottle, designer sunglasses and other and Beth Nellis for setting up the table items for a fun day at our local parks. and working the event on behalf of the Michelle Hammock won the drawing for Paralegal Division. This year’s theme our basket.

Gloria Jones, ACP; Debbie Woodruff, ACP, Rhonda Ford, ACP (PD Vice-Chair)

We all need a little humor...

Don't forget to vote in the 2018-2019 TCBA Elections! ©cartoonresurce/Adobe Stock

Thank you to the 2018 TCBA Law Week Committee for your commitment!

Pictured:

Paul Davis Whitney Bowman Darrah Day Deborah Reed Dan Crawford Martha Rupp Carter Maren Minnaert Lively

Sofia Miranda Rodney Buck David Tracy Robert Redemann Rebekah Guthrie-Frisby

Members not pictured include: Judge Damon Cantrell Joseph V. Allen Kara Pratt

To learn more about how to become involved with the TCBA Law Week Committee contact Judge Martha Rupp Carter at Martha.Carter@oscn.net 20 Tulsa Lawyer

Tulsa Lawyer 21

Fighting for the Future of Oklahoma, Girl Attorney, LLC Advocates for Education

By Brittany Hunt-Jassey, Esq

On Monday, April 9, 2018, more than two hundred members of Girl Attorney, LLC, decided to join tens of thousands of Oklahoma citizens in protesting the state of public education. The idea was first proposed in our Facebook group by Tulsa attorney Becki Murphy, and no one was more surprised than Becki when her public post about the idea went viral.

of the media were calling with interview requests, but the vast majority of calls that came in were made by teachers and others in the education community. Was she serious? Were the Girl Attorneys coming? And, if so, then what exactly were they planning to do . . . ?

On the afternoon of April 5th, the plan was simply to show up. In a matter of hours, Becki’s bright idea spawned a movement. The women of Girl Attorney first shared ideas in comments on Facebook posts. Four short days later, we set up a tent on the lawn of the Capitol before walking to the Oklahoma Bar Center, where Representatives Cyndi Munson and Jason Lowe provided words of encouragement.

The name “Girl Attorney” is a play on words, a joking take on the concept of the “old boys club.” The group was founded in the summer of 2016 by Susan Carns Curtiss, an attorney in Oklahoma City who wanted to create a space for women in the legal field to support one another, both personally and professionally. In fewer than two years, the organization has expanded across the United States, with many active chapters The excitement was palpable as we gathered for a and more than four thousand members in the national photo in the lobby. We did not know how we would be received, but to a woman, we were determined to make group. the most of our day. Suffice it to say that our reception As Becki’s post spread across the Internet, the phone at vastly exceeded our expectations, as thousands of other her office started ringing off the hook. Representatives protestors held open a blocks-long path to the front

22 Tulsa Lawyer

door. Once inside, representatives from our group spent hours in meetings with 40 different individuals from both sides of the aisle, including 26 Republicans and 14 Democrats.

We spoke with thousands of teachers, administrators, and parents. At the end of the day, representatives of the various stakeholder groups convened in the home of a Girl Attorney to discuss our next steps. As a result of those conversations, a new organization was born.

With more than six thousand supporters, “See You Monday� is a coed, nonpartisan resource for all those who wish to support efforts to improve If you are interested in getting involved, then please look public education in Oklahoma. Several interdisciplinary us up on Facebook or send a message to symgeneral@ committees have already been formed, with meetings to gmail.com. We look forward to working with you. be held in the coming weeks and months. To that end, we invite all members of the Oklahoma Bar Association Brittany Hunt-Jassey is the Executive Director and the Tulsa County Bar Association to join us as we of South Central CASA of Oklahoma, serving pursue legal solutions to the complex issues at hand. abused and neglected children in Cleveland, McClain, and Garvin Counties.

Tulsa Lawyer 23

TCBA Young Lawyers Hold Annual Trivia Night at TU Law School

April 5, 2018

Congratulations to Team Barrow & Grimm on their Trivia Championship!

Law Day 2018 Book Club

Your Law Day Committee announced the Law June 12, 2018, 6:00-7:30 p.m.

Day 2018 Book Club (LDBC) as a new Law Day event William C. Kellough for the Tulsa County Bar Association. The LDBC has planned three one-time sessions in April, May, and June. Billy Budd, Foretopman, by Herman Melville Tulsa County Bar Association Bar Center,

Three discussion leaders will lead discussions of 1446 South Boston Avenue different books at three locations. The selected books have a connection to Law Day topics. Participants are

William C. (Bill) Kellough limited to the first fifteen people who register for each is a lawyer, a former Tulsa session. TCBA members may register themselves as County District Judge, and an well as a guest by emailing Martha.carter@oscn.net. experienced book moderator.

Members may register for one, two, or all three sessions.

He was a guest contributor Remaining dates, leaders, books, locations, and leader of over 100 book reviews bios are: to the Tulsa World when it encouraged local reviewers.

May 15, 2018, 6:00-7:30 p.m.

Bill chaired the Peggy V. Martha Tisdale Cordell Helmerich Distinguished Orange is the New Black, by Piper Kernan Author selection committee Tulsa Tennis Club, 2801 South Columbia Place helping to promote and introduce Tulsans to some notable, internationally acclaimed authors. Bill has

Martha retired as Associate been a member of a men’s book club which has been Dean for Student Affairs at The meeting regularly at his home for over eighteen years.

University of Tulsa College of He, like most lawyers, is an avid reader. He advises that Law in December 2017. She Billy Budd presents the reader with a single, discrete is currently a trustee for the and challenging ethical problem. Its resolution comes Oklahoma Bar Foundation from a trial applying the swift and remorseless law of serving as chair of the Grants and the sea. Billy Budd, Foretopman is a classic in the Awards Committee. She also public domain and can be downloaded free on ibooks serves as a consultant and active and other similar applications and websites. volunteer for Tulsa Lawyers for Children and represents neglected and abused children. Martha is an active Spaces may fill quickly, so register soon alumna for her undergraduate alma mater, Sweet Briar by emailing Martha.carter@oscn.net.

College, and Tulane School of Law. Since 2012, she has been a member of the Tulane Fund Associates Board.

She served on the Presidential Search Committee for Sweet Briar College in 2016-2017. Martha is a member of two book clubs. Her recent good reads include According to the The 2003 National Richard Ford’s trilogy series about the life of Frank Assessment of Adult Literacy (NAAL) 93 Bascombe, The Nest by Cynthia D’Aprix Sweeney, and million adults in the U.S. read at or below A Movable Feast by Ernest Hemingway.

Did You Know?

the basic level needed to contribute successfully to society.

National Center for Education Statistics. The 2003 National Assessment of Adult Literacy (NAAL). http://nces.ed.gov/pubs2003/2003495rev.pdf

26 Tulsa Lawyer

Grapevine News Doerner, Saunders, Daniel & Anderson has named Jim Gaffney as its executive director.

Gaffney will manage the business operations of the firm, including administration of accounting, human resources, information systems, marketing and facility oversight.

“We’re excited for Jim’s return to the Doerner team,” said Tom Q. Ferguson, the firm’s managing partner. "Joining us from the West Coast, Jim has an impressive background as an administrator, accountant and attorney. He’s worked with other professional service firms in those capacities and complements our management model, while understanding our firm’s needs as we continue to grow.”

Gaffney is a licensed attorney in California.

He has extensive experience in the areas of operations, governance, strategic planning and growth. Jim most recently served as the corporate director of Bullivant Houser Bailey PC in Portland, Oregon. Previously, he served as managing partner of the Portland office for the accounting and business consulting firm Moss Adams, LLP for eight years, and also served on the firm’s executive committee for four years. He has national level expertise in partnership taxation.

Hall Estill announces that John M. O’Connor, Daniel R. Ketchum II, Keith A. Wilkes, Jon M. Payne and Gregory P. Reilly will join the firm as Shareholders, G.W. “Bill” Newton and Thomas M. Klenda will join in Of Counsel positions, and Isaac B. Helmerich will join as an Associate in the Tulsa office.

This move on April 2 completes the merger of the litigation, business and estate planning sections of the law firm Newton, O’Connor, Turner & Ketchum with Hall Estill. Additionally, certain select members of the employment section at Newton, O’Connor, Turner & Ketchum will join the strong employment team at Hall Estill. The transition began in December 2017 with William W. O’Connor, Jerrick L. Irby, Margo E.

Shipley and John W. Dowdell joining the firm.

John O’Connor comes to the firm with over 30 years of experience and provides counsel in all aspects of corporate and business law, including mergers and acquisitions, structured finance, entity formation and governance, business succession planning and executive employment agreements. John also has extensive experience in litigation of commercial disputes, insurance company liquidations, involving constitutional rights.

Daniel focuses his practice on trust and estate administration and planning, asset protection planning, probate and guardianships, business succession planning, commercial transactions and general corporate counsel. Daniel has advised and counseled clients for 25 years, applying his training as a Certified Public Accountant as well. His legal, tax and accounting experience brings immense value to a diverse client base in his estate planning and business transaction practice.

Keith represents public and private entities in the areas of labor and employment, civil rights, complex business litigation and general litigation. He regularly provides counsel and training to clients on employment law issues, compliance and preventative practices, as well as internal investigations, policy development, contracts and employment contracts.

Keith also serves as an Administrative Law Judge for the State of Oklahoma, hearing cases before the Oklahoma Department of Labor.

Jon comes to the firm with experience representing businesses in commercial litigation and insurance company liquidations. In addition to representing corporate clients, financial institutions and receivers in matters before state and federal courts, Jon has extensive state and federal appellate court experience.

Greg represents clients in the areas of business and corporate law, labor and employment law, and civil litigation. He was recently identified by Super Lawyers as one of Oklahoma’s top up-and-coming attorneys by his selection to the “Rising Stars” list.

Bill will join the firm in an Of Counsel position where he will assist clients in the areas of real estate, estate planning and guardianship matters. Within his Tulsa Lawyer Tulsa Lawyer 2727

practice, Bill has helped develop and author existing Oklahoma Real Property law statutes. In addition, he is a former Adjunct Professor at the University of Tulsa, where he taught Real Estate Law.

Tom comes to the firm in an Of Counsel position, focusing his practice on franchise law, commercial transactions, business succession planning, and estate and asset protection planning.

He has extensive experience organizing franchises for registration and compliance purposes with the Federal Trade Commission, and offers counsel to both franchisors and franchisees.

Isaac represents clients in the areas of business and corporate law, estate planning, commercial transactions, complex commercial litigation and insurance company liquidations. He received his J.D. from the University of Oklahoma College of Law, his M.B.A. from the University of Oklahoma and his B.A. from Furman University.

“We are thrilled to have these eight outstanding attorneys join our team, and we know they will continue to build on the firm’s reputation for excellence,” said Mike Cooke, Managing Partner for Hall Estill. “Each of these attorneys will be a great complement to our services and an asset to our clients, bringing a depth of industry and enthusiasm to our team that is unmatched.

Likewise, Hall Estill is pleased to offer these attorneys the broader platform they seek in the service of their clients.”

Jon Starr is pleased to announce the formation of Starr, Begin & King, PLLC, a boutique litigation firm with partners Eric Begin and Kris King.

Mr. Starr is the former Head of the Litigation Department for the McGivern Law Firm. He has been awarded the Lifetime Achievement designation

by America’s Top 100 Lawyer. He is one of only four attorneys currently practicing in Oklahoma that holds the highest designation of “Diplomate” in the American Board of Trial Advocates (ABOTA) recognizing he has tried more than 100 jury trials to verdict in courts of unlimited jurisdiction. He is AV rate by Martindale for the highest ethical standards and legal abilities. He served as Chairperson of the OBA Insurance Law Section for more than 10 years.

Mr. Starr served as a Faculty Member for the 2012 International Association of Defense Counsel Trial Academy at Stanford University. He is the CEO of RAILMEN Institute, a 501c3 non-profit, and serves on the board of Plumbline Ministries. He has authored three scholarly articles that have been published in the Oklahoma Bar Journal, including, Attorney Lien Claimed: Is it Worth Paper It is Written on?, Some Major Points about Minor’s Claims, and Overview of Oklahoma Automobile Insurance Law.

Moyers Martin is pleased to announce Blake M. Feamster has joined the Firm as an Associate Attorney. Blake is a 2012 graduate of the University of Tulsa College of Law. She began her career in the Colorado District Attorney’s office before moving to private practice in 2014. In private practice, Blake frequently handles client matters involving divorce, child custody, child support, post-decree modification, antenuptial agreements, annulments, adoptions, and common-law marriage.

These practice areas have provided Blake with significant trial experience and, in addition to family law, Blake’s practice area with the Firm will emphasize general civil litigation and appellate proceedings.

Jacob Charney and Benjamin Brown have agreed to a merger that will create CharneyBrown, LLC, an energy law firm that officially launched April 1, 2018, employing over a dozen attorneys and staff members in both Tulsa and Oklahoma City offices.

The merger creates a new firm specializing in oil and gas transaction and litigation, providing energy corporations state-wide an unprecedented service that addresses all legal needs from prospect to pipeline.

Charney and Brown will co-lead the firm— both acting as managing attorneys—with Charney heading the transaction team and Brown the litigation.

Brown is one of the state’s few attorneys specialized and highly experienced in representation in front of the Oklahoma Corporation Commission (OCC).

“We know the need for faster, streamlined services is out there. We saw it first-hand in our own

practices and it’s the biggest reason why we decided on the merger,” said Charney. “Rather than asking a client to use several different firms, brokers, and attorneys to gather the necessary legal information and present a case to the OCC—we handle it all.”

“It’s far more efficient than anything we’ve seen other industry legal professionals do,” Brown said.

“It helps speed up drilling timelines by eliminating wasted time and mitigating the costs associated with the unnecessary delays inherent to the traditional, multifirm process.”

Seeing the merger as an opportunity to offer something fresh and new in a legal industry that often lacks innovation, both Charney and Brown are eager to combine their talents for the benefit and advancement of their clients' needs.

For more information, please visit www. charneybrown.com.

Submission Deadlines for Tulsa Lawyer are the 1st of the month prior to the month of publication.

Example: June 1st deadline = July publication

GRAPEVINE SUBMISSION REQUIREMENTS: Submissions should be emailed to tulsabarnews@yahoo.com

Firms: Firm announcements that include multiple persons should not exceed 350 words maximum.

Individual Announcements: Individual announcements, relocation notices, award announcements, solo notices and similar items should not exceed 175 words.

Pictures: Pictures for individuals mentioned in announcements are welcome. Please use the name of the person as the title of the picture when submitting.

Submission Deadlines: All grapevine submissions should be received by the 1st of the month prior to the month of publication. Example: April 1st is the deadline for the May issue.

Grapevine submissions that exceed these limits will be edited as necessary. Tulsa Lawyer will make every attempt to include announcements received by the deadline in the next available issue. If space runs low, we will hold your announcement until the next issue that has available space. Large announcments such as Super Lawyers, etc. may be withheld from publication if space is limited in any given issue.

Tulsa Lawyer 29

30 Tulsa Lawyer

*New registrants must contact the TCBA prior to 3pm on Friday, May 4, 2018 to verify availaiblity of space.

Tulsa Lawyer 31

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

"But before any great things are accomplished, a memorable change must be made in the system of Education and knowledge must become so general as to raise the lower ranks of Society nearer to the higher�

~ John Adams

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