June Tulsa Lawyer Magazine

Member Appreciation Month

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

frontdesk@tulsabar.com Ext. 1000

Membership Director CLE, Sections & Committees Accounting Lisa Laughrey Ext. 1001 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........................... Linda Morrissey Director at Large (2) Small Firm.............................................Open Director at Large (2) Public Sector...............

Hon. Ann Keele 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

" TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. "

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 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.

2 A Message from

Jim Milton 2019-2020 TCBA President

TULSA LAWYER

In this Issue

June 2020

2

Serving Members and Community in New Ways

3

Don't Miss the Gift Card Giveaway!

4

Bar Center Renovation Notice

5

2020-2021 Election Results

7 8

Successfully Answering the "Call"

9

The Children & the Law Spring Event Update

13 Why You Shouldn't Miss TCBA Webinars!

14 Member Appreciation Month!

15 TCBA Member Appreciation CLE Schedule

Shena Burgess

18 The Virtual Courtroom is Now in Session

By Dallas L. Jones

TCBA Golden Rule Award 3rd Quarter

22 Bar Center Renovation Project - Interior

Page 10

26 Lawyers Fighting Hunger - Thank You!

24 OBA Law Day Student Contest Winners

27 Grapevine & Classifieds 28 In Memoriam

The Bar Center will remain closed until further notice.

The staff is available to members via phone or email during summer business hours of Monday - Thursday, 9am-5pm and Friday, 9am-1pm.

918-584-5243

Tulsa Lawyer 1

A Message from the President

Jim Milton

Serving Members & Community in New Ways

I am writing this column on May 7. We are a materials, and assisted in the production of a webinar little more than a week away from May 18, when the on the issue. The EPPT’s task force on pandemiccourts are to be re-opened. By the time you receive related issues continues to operate on a statewide basis this issue of the Tulsa Lawyer, there may be further addressing various issues that impact attorneys in the developments. And certainly by that time, any news or trust and probate area. analysis regarding the Supreme Court Administrative

The TCBA then took on a role of advocating Orders (SCADs) and Tulsa County Administrative for inclusion of legal professionals within the essential Orders (AOs) will be out of date. But I do want you to functions under the statewide restrictions imposed in know that the TCBA has been hard at work reviewing March. While many attorneys (including myself) began SCADs and AOs, providing comments on the urgent working from home for a period of time, attorneys and issues faced by our Judges and other elected officials. law offices needed to remain open to some extent in

At the outset of the pandemic, when it became order to read the mail, handle emergencies and pressing clear that access to clients and courthouses would be matters, and otherwise assist clients. Some law offices restricted, the TCBA led the way in addressing the use closed, others remained open. But fortunately, the of remote online notaries under the Oklahoma Remote flexibility was allowed for these choices to be made.

Online Notary Act, with the result that the OBA Estate

During this same time period, the TCBA closed Planning, Probate & Trust Section (“EPPT”) (chaired its doors to the public and began working remotely.

by Dan Woska) published a position paper, distributed This required the TCBA to reexamine several of its

2 Tulsa Lawyer

functions. The Lawyer Referral Service (chaired by Cathy Hoopert) continues to function, but is entirely online or by telephone at this point. The TCBA CLE Committee (chaired by Lizzie Riter) has offered free CLE using videoconferencing software and is making arrangements to expand this capability. The TCBA Pro Bono Committee (chaired by Mac Finlayson) assisted in examination of the pandemic’s impact on the forcible-entry-and-detainer docket at the Tulsa County Courthouse. And the TCBA Access to Justice Committee (chaired by Shena Burgess) worked with the Oklahoma Access to Justice Foundation (and its Executive Director Katie Dilks) in enlisting volunteer attorneys and identifying a mechanism to match them up with potential clients needing pro bono services who might not be served by our friends at Legal Aid Services of Oklahoma, Inc.

For example, when the methods of filing pleadings and documents were restricted, the TCBA pursued information on whether and how email filing would be allowed, and helped circulate the information to our members and all Tulsa attorneys.

As the elected officials at the Tulsa County Courthouse began to contemplate re-opening the Courthouse, the TCBA and its Access to Justice Committee (chaired by Shena Burgess) stepped into action by providing insight into the concerns held by Tulsa attorneys. Ms. Burgess worked diligently on materials to provide to the District Judges and other elected officials on these issues, appeared at meetings to discuss the issues, and followed up in response to questions.

My year as TCBA President runs out on August 31. But the months of March through May seem like a blur. Kim Hays (past-President of the OBA) emailed me in the midst of the above flurry of activity to remind me that the year that I plan and the year that I experience were always going to be different. It was just a matter of finding out how different.

Throughout this time period, updates and administrative orders were issued like wildfire. The TCBA circulated these orders to its membership as quickly as it could, with the risk of over-filling our members’ email inboxes at times. When issues were spotted, the TCBA and its members would assist in bringing these issues to the attention of the Courthouse.

Win Gift Cards to Local Restaurants & Businesses

by Participating Online During June!

Each online TCBA event will include a gift card giveaway to a local small business or restaurant.

So keep joining TCBA online for your chance to win!

continued on next page ...

Resource Page

Visit our COVID-19 information page

Just click the link at the top of our webpage, www.tulsabar.com

A quick resource with links to press realeases and notices for Tulsa County Courts, OSCN, Northern District of Oklahoma, OBA, Dept. of Health, State & District Administrative Orders and more.

The fact is, the TCBA is in great shape at the moment. We are meeting members’ needs. We are showing non-members our value. But we can’t rest.

With the economic downturn, we may face a decrease in membership. Knowing that, we plan to earn your membership by maintaining the services we provide and finding out how we can serve you better. So, give me a call. Let me know what we can do for you.

A few other quick things: If you use Facebook, you should be following the TCBA. If you are following the TCBA, you have probably noticed the “garage sale” of old furniture. We are entering our remodel phase.

Once we are done, the interior of the facility will have an updated look and feel.

Speaking of an updated look and feel, we are also in the process of updating the TCBA website. I know, you’ve read that before in one of my earlier columns. So where’s the update, you ask. Well, it’s in process. We have a creative team, and a board, and, well, a bunch of lawyers trying to do creative stuff. So it takes time. But kudos for reading this far into the column.

Sincerely, Jim Milton TCBA President, 2019-2020

BAR CENTER RENOVATION NOTICE: We will be temporarily officing in Suite 100, Tower 1 of the Main Street Towers, 1601 S Main St and plan to move over mid-June. We encourage members to continue communicating with staff by phone or email as the office will remain closed to the public and for group meetings.

SEE PAGE 22 FOR PHOTO UPDATES

TCBA COVID-19 Events Information

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 Monday-Thursday, 9am-5pm.

In following current CDC recommendations on social distancing, the following TCBA and TCBF events have been 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 • 5K Ruck Run Members will be notified as soon as dates have been rescheduled.

TULSA COUNTY BAR ASSOCIATION 2020-2021 ELECTION RESULTS

President Kimberly K. Moore

President Elect Kara M. Vincent

Past President Hon. Ann E. Keele

Vice President Philip D. HIxon

Secretary Natalie Sears

Treasurer Michael Esmond

Library Trustee: Julie Evans Director at Large, Large Firm: Philip Hixon Director at Large, Med Firm: Kara Pratt Director at Large, Sm Firm: Tamera Childers Library Trustee: Trisha Archer Director at Large, Large Firm: C. Austin Birney Director at Large, Med Firm: Jennifer Struble Director at Large, Sm Firm: Linda Morrissey Director at Large, Public Sector: Hon. Anne Keele Delegates for OBA

Alternate Delegates for OBA

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2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

1.

2.

3.

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Hon. Ann Keele Jim Milton Molly Aspan Kara Pratt Tamera Childers Julie Evans Charles Hogshead Kara Vincent Natalie Sears Trisha Archer Ken Brune Bruce McKenna Philip Hixon David Tracy Georgenia A. Van Tuyl

Deborah Reed Mike Esmond Scott Morgan Kim Schutz

ABA Delegate: Molly Aspan

Congratulations to those elected & thank you for serving the TCBA!

Incumbents (serving 2nd year of term)

6 Tulsa Lawyer

TCBA Teaming Up with Food Bank to Make a Difference The Food Bank and Tulsa County Bar Association invite Tulsa's legal community to participate in Food from the Bar, a fundraising campaign during May 1 - June 1, 2020.

For every $1 donated to the Food Bank, we can provide the equivalent of four meals to our neighbors in need.

Food from the Bar is designed to provide a Hunger-Free Summer for the 1 in 4 children in our community who experience food insecurity. Summer can be a difficult time for the 85% of Tulsa-area students who rely on free and reduced lunch at school. Last summer, the Food Bank provided 99,000 meals to children through Mobile Eatery food trucks and Summer Feeding sites, as well as the distribution of additional non-perishable food, prepared lunches, and fresh produce to partner agencies. The Food Bank cannot do this without your support.

Register Your Law Firm by visiting

https://okfoodbank.org/food-from-the-bar/

Upon registration, you will be contacted by the Food Bank to confirm participation.

Last year, the campaign raised $2,620 in funds, 352 pounds of food, and 32 volunteer hours.

If you have any questions, please contact Wendy Voss at wvoss@okfoodbank.org

ASK-A-LAWYER 2020 :

Successfully Answering the "Call" Dear members,

year; one in particular had 22 sub-questions in a single email. (reminiscent of the Bar Exam) I know for a fact that some young attorneys took these complex, confusing and convoluted questions as a challenge to answer. EVERY QUESTION THIS YEAR WAS ANSWERED!

If you participated this year, you deserve a medal. I would pin it on you myself if given the opportunity. The Legal Profession is truly a noble one, and I believe we demonstrated that through this program. I hope to see the phone banks up and running again next year, and I invite you all to participate in that with me as well.

Thanks for making this year’s AAL program a resounding success!!

Now that ASK-A-LAWYER 2020 is now in the books, so to speak, I wanted to express my sincere thanks to the Homeric effort put forth by Tulsa Attorneys this year.

The Covid-19 scenario forced us to convert the program to email questions only; the phone banks went silent this year for the first time in 44 years. Between Tulsa and OKC, we had somewhere around 150 attorneys sign up to help. This is the most help ever; at least in my 30 years of participating in the program.

A couple of large Tulsa firms really answered the call by having multiple associates (as well as some partners) sign up to help. In fact, we had so many Attorney volunteers, we had to ration the questions over a 7 day period to give everyone a chance to help Sincerely, out. There were some truly complex questions this Dan Crawford, Chair

8 Tulsa Lawyer

The Children & the Law

Spring Event Update Please hang on to your gently used or brand new suitcases to donate to foster children in the area. This donation event is still on but we will be extending the donation time through June and possibly longer if needed due to the Covid-19 crisis.

Watch your emails and Tulsa Lawyer for news on when you can drop off your suitcases.

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.

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@

Have a gently used suitcase? Time for an stephenehalepllc.com upgrade? Or, is your generous heart big enough to donate a brand new suitcase? Well then look no Kara Pratt is now further! accepting parenting

Sadly, when a child is placed in foster care or coordinator and moved from one foster home to the next, a majority of the time they do not have a suitcase to bring their guardian ad litem belongings with them. They are forced to use garbage appointments. bags to take what they have with them, implying that Please call her at they are what they have.

918-599-7755 or 918-899-0900.

TCBA Golden Rule Award 3rd Quarter

Shena Burgess 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

This quarter, the TCBA Golden Rule Award goes to Shena Burgess of Smiling, Smiling & Burgess.

Shena serves as the Chair of the TCBA Access to Justice Committee, which is a special committee formed a year ago for the purpose of coordinating the TCBA’s work in this area. As Chair, Shena has worked with a number of committees and sections within the TCBA, as well as the OBA, Legal Aid Services of Oklahoma, Inc. (LASO), and the Oklahoma Access to Justice Commission and its Foundation. As Chair, Shena has been invaluable to this community.

When the pandemic hit Oklahoma in March of this year, Shena jumped into action on a number of issues. First, she worked with the Oklahoma Access to Justice Foundation (and its Executive Director Katie Dilks) in enlisting volunteer attorneys and identifying a mechanism to match them up with potential clients needing pro bono services who might not be served by our friends at LASO. Shena also served as an issue spotter for the TCBA, as critical issues were identified by lawyers in Tulsa in dealing with the courthouse shutdown during the worst of the pandemic. In my President’s Letter this issue, I pointed out that, when issues were spotted, the TCBA and its members would assist in bringing these issues to the attention of the Courthouse. More often

than not, Shena was the one who spotted the issue in her communications with other TCBA members and other Tulsa attorneys. And Shena was always quick to suggest practical solutions.

As the elected officials at the Tulsa County Courthouse began to contemplate re-opening the Courthouse, Shena led the way in providing our courthouse officials with insight into the concerns held

by Tulsa attorneys. She worked diligently on materials to provide to the District Judges and other elected officials on these issues, appeared at meetings to discuss the issues, and followed up in response to questions.

The Golden Rule Award is one of our most important awards at the TCBA. It is awarded to those attorneys who most exemplify the “golden rule.” Through a secular lens, according to the Oxford Dictionary, this rule would embody those basic principles that should be followed to ensure success. I grew up with the Christian take on the golden rule -- “Do unto others as you would have them do unto you.” Matt. 7:12. Regardless of your take on what the golden rule means, I think that we can all agree that Shena Burgess embodies this rule, and is a worthy recipient of this award.

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.

Contact Scott B. Goode for more information and to RSVP scott@militarylawok.com 918-992-6203

RSVP via email or phone and you will be given the Zoom meeting ID and PASSWORD.

contact Paul Thomas, mailto:Paul.Thomas2@usdoj.gov

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:

OBA - Lawyers Helping Lawyers Virtual Evening Meetings Scheduled

Bankruptcy Section Featured Poem. To find out more about the section activiites

Award Criteria

THE ROAD NOT TAKEN

By Robert Frost

Two roads diverged in a yellow wood, And sorry I could not travel both And be one traveller, long I stood And looked down one as far as I could To where it bent in the undergrowth; Then took the other, as just as fair, And having perhaps the better claim, Because it was grassy and wanted wear; Though as for that the passing there Had worn them really about the same,

And both that morning equally lay In leaves no step had trodden black.

Oh, I kept the first for another day!

Yet knowing how way leads on to way, I doubted if I should ever come back.

I shall be telling this with a sigh Somewhere ages and ages hence: Two roads diverged in a wood, and I— I took the one less travelled by, And that has made all the difference.

Tulsa Lawyer 11

12 Tulsa Lawyer

15 Reasons you DO NOT want to miss the TCBA Webinars!

Here's what our members are saying about them...

"Lisa, This is the best run CLE/meeting that I’ve attended. I’ve done a couple. I’m so impressed with the step up. I love not have all the screens with everyone! Way to go! You all are so incredible. Tulsa is lucky to have you."

Lizzie Stafford Riter "Thanks to you and Jim. Timely and very helpful subject matter and superbly presented!"

Karen Long Rosenstein, Fist & Ringold "Great seminar. Thanks, Fred" Frederick J. Hegenbart Rosenstein, Fist & Ringold

"Thank you for another great free CLE program. " Aaron J. Goodman, Esq. Lawson & Shelton, P.L.L.C. "Thanks. Great CLE." Melodie Freeman-Burney Conner & Winters, LLP "Thanks so much Lisa for helping us look good in this presentation! I needed your patient assistance " Linda Van Valkenburg-Panelist "Thank you again for helping me out yesterday so I could join in this session today... I am glad I am now a part of this section!!"

Erica Parks

@tulsabar

"THANKS! Great program!"

Kevin T. Gassaway Comments posted on webinar: From Kameran Ritzhaupt to Everyone: "Wish this presentation was a required part of PPC or HCCWD!"

From James Bullard to All Panelists: "hey panelists - this is by far the most useful CLE I’ve attended during the pandemic, and generally in a long time. Well done."

From Barbara Sears to Everyone: "Thanks to everyone -- Great info!"

From James McAuliff to All Panelists: "Great Job!"

From Richard Eagleton to Everyone: "Thank you for putting this one. Rick"

From Claudia Kovar to All Panelists: "Thank you, panelists. Very good topic and enjoyed seeing you on video!"

From Kelly Smakal to Everyone: "We need to do a CLE about once court reopens.... going to be mass chaos!"

facebook.com/ tulsacountybar Tulsa Lawyer 13

Member Appreciation Month Join us for these FREE events!

Tuesday, June 2 7 p.m. - 9 p.m.

Thursday, June 18 6:30 p.m. - 8:30 p.m.

Pinot’s Palette Virtual Painting Class

AR Workshop Tulsa Virtual Sign Making Class

Bring the Pinot’s Palette experience into your own home! Members who sign up will need to pick up the paint kit containing all their supplies (canvas, paint & brushes) to be able to follow along with the live virtual class. We have 20 member spots available. Each member who signs up may include one guest.

Saturday, June 6 11 a.m - 12 p.m.

Tulsa Zoo Virtual Private Tour of the African Animals with 2 Keeper Chats

Join the TCBA for this adventure for all ages while the Tulsa Zoo staff take us on a virtual private tour of the exhibits of the giraffes, rhinos, lions, and painted dogs.

We will also get two special keeper chats on the pygmy hedgehog, and the ball python. Meeting zookeepers is a fun way to learn from the experts who care for the animals every day.

Wednesday, June 10 9 a.m. - 3 p.m.

Member Appreciation CLE

Turn your “bored” into “boards!” Join us in making a small plank wood sign (choice of designs) from home.

This class will include some prep work. The day before, each person should sand and stain their projects to allow them enough time to dry before the virtual class. We have 20 member spots available and each member can include one guest. Members who sign up will need to pick up their supplies at the AR Workshop Tulsa ahead of the class.

Thursday, June 25 9:15 p.m.

Admiral Twin Drive-In 7355 E. Easton Street, Tulsa 74115 Fun for the whole family! TCBA rented one side out to play “Beautiful Day in the Neighborhood”, the new Mr. Roger’s movie starring Tom Hanks. Gates open around 8:45pm. Each member will receive a snack bag and concession will be open. Members who attend are advised to practice social distancing guidelines while at the theater.

Every Tuesday & Thursday of June 12:15 p.m. -12:45 p.m.

See opposite page for details!!

(Limited spots available.)

Each session is broken out individually for registration, Don’t Miss the Free Yoga Live Streams with instructor Caroline Meeks! so you can attend one or all.

14 Tulsa Lawyer

Member Appreciation CLE Wednesday, June 10 9 a.m. - 3 p.m.

Register for one, a few or all of the seminars!

Session

1. 9:00-9:50

Speaker

CLE Title

John Leiber Eller & Detrich

Habits of Healthy and Happy Attorneys

2. 10:00-10:50

Randall Snapp Crowe & Dunlevy

Employment Law Hot Topics

3. 11:00-11:50

Matt Day - Parsons & Day, LLC

A New Take on Trial Skills

4. 12:10-1:00

Jim Hicks - Barrow & Grimm, PC

COVID-19 and Force Majeure Clauses in Contracts

5. 1:10-2:00

Sheila J. Naifeh Sheila J. Naifeh Attorney at Law

How Not to Be Dumb on Social Media

6. 2:10-3:00

Richard Stevens - OBA Ethics Counsel

Ethics in Quarantine

(Session 1- Limit 15 Participants)

Register online at www.tulsabar.com

Social Distance, Learn & Earn CLE ...

16 Tulsa Lawyer

TCBA BENEFIT TULSA COUNTY BAR ASSOCIATION

MEMBERSHIP RENEWAL Renewals will start mid-July!

Watch your inbox & the TCBA Facebook page for all the updates! www.tulsabar.com

The Virtual Courtroom is Now in Session

By Dallas L. Jones

“There is nothing wrong with change, if it is in the right direction.” The COVID-19 pandemic has instigated change to our lives and touched every industry across the country. For schools, students were moved to online platforms in place of classrooms. Gyms and yoga studios were limited to offering various workouts and classes online. For many businesses with office settings, employees traded in cubicles and conference rooms for a laptop and Zoom subscription. The practice of law is no exception. This article is intended to highlight the current trend of the virtual courtroom and law practice, to discuss the positives and negatives behind this trend, and to feature why the future practice of law may be dependent on a law firm’s acceptance of the trend.

1

The Growing Use

In Oklahoma, State Courts are authorized to use videoconferencing in place of court appearances. The Rule “is intended to provide a judge presiding over any matter in District Court with broad discretion regarding the use of videoconferencing.”3 Meanwhile, in response to the COVID-19 pandemic, Federal Courts in Oklahoma have provided instruction for implementing similar videoconferencing for several types of proceedings.

In the Northern District of Oklahoma, proceedings may be conducted by video conferencing for detention hearings, initial appearances, preliminary hearings, waivers of indictment, arraignments, probation and supervised release revocation proceedings, pretrial release revocation proceedings, misdemeanor pleas and sentencings, among other proceedings. The Western District of Oklahoma has issued a nearly identical Order.5 2

4

Not surprisingly, this innovative answer to the COVID-19 pandemic is not limited to Oklahoma. There are other stark examples of courts across the country implementing similar procedures. Many states began holding virtual hearings by early April. Meanwhile, Texas has already performed an entire trial on Zoom.6

18 Tulsa Lawyer

In addition, examples of face-to-face business taking place in a virtual world has already reached incredible heights. On the night of April 23, 2020, 15.6 million viewers tuned in to watch the First Round of the NFL Draft.7 This broke the previous record by more than 3 million viewers. And how was this possible during a global pandemic? Every NFL team’s draft room went virtual, connecting by video conference through an online platform for four straight hours of draft coverage.

Granted, this substantial result may be somewhat attributable to fans going six prior weeks with no sports.

However, it also serves as a clear indication that these virtual capabilities can be used on a significant stage.

And on April 23rd, that point was on display for a large portion of the country.

8

The Pros Although the virtual courtroom may have started as a short-term fix to an unprecedented crisis, going forward, it is likely that its positive aspects will be too attractive to turn away. According to a 2019 Business Travel Report, an average business trip costs $1,293. Those numbers are only expected to rise in the future. Imagine the money clients will save when a large percentage of traveling expenses are eliminated.

Say you have a deposition in Philadelphia that would normally take two days away from the office. You pay for roundtrip air travel and cross your fingers that the delayed, connecting flight at O’Hare still gets you in on time. You reserve two hotel nights just in case someone shows up late or comes down ill the following day. Then, factor in meals, as well as some form of transportation in an unfamiliar city. Compare that scenario with a potential alternative. You log on from your office or conference room, videoconference with the deponent from 9:00 to 3:00, and still have time to finish up some research before you are home before 6:00 P.M. that same day.

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On top of the financial savings, the virtual courtroom could open the doors to unparalleled efficiency. Think of the time saved for attorneys who no longer must spend hours (or days) going to-andfrom a hearing that otherwise would take an hour.

Those six hours spent driving back-and-forth across the state could instead be used to fine-tune that brief which needs a little more discussion; or to get started on those discovery responses with which an inevitable deadline looms at the end of the week.

Not only could this time-savings apply to attorneys, but judges as well. In Queens, New York, one Justice described his virtual courtroom experience, stating “[e]verybody’s home, it’s amazing.”11 The judge “drank a cup of coffee, put on a shirt and tie and got ready to face his courtroom.” Even more striking, Judge Cohen of the Eleventh Judicial Circuit Court in 12

Miami, Florida recently described the evolution in the following way: “I don’t think this is going away . . ..

I think this is going to be a game changer. Both civil, family and probate divisions as well. Lawyers will not have to come in to wait to see the judge.”

13

There are additional factors that point towards virtual courtrooms becoming more prevalent. No one wants to see another global crisis like the one we have been maneuvering through over the past several weeks.

However, if something like COVID-19 did strike again, the lawyers and courts who embrace these changes will be far more prepared to operate in as much of a “business as usual” mode as possible. These changes will not only apply to virtual court appearances. You can count on client meetings, witness preparations, mediations, and the like, to also use this new wave of efficiency.

The Cons - continued on next page...

The Cons

language.17 Moreover, there could be wide-ranging differences of “technological competence” between

A virtual courtroom is not without its potential adverse parties. Plus, issues of objectivity could issues. The online platform Zoom is currently blocked even arise in cases where one party has less advanced by the Oklahoma Administrative Office of the Courts technology, impacting how lawyers and witnesses could due to security concerns. However, applications like be perceived.

Skype, Bluejeans, Microsoft Teams, and GoToMeeting remain readily available. Plus, Zoom now has features The Future which protects security and authenticates its users, Part of the practice of law will always have much like many of the other online platforms.15 There are certainly possible issues with reliance on audio, standing in a historical model and tradition. However, video, and internet connection. One does not have to at the same time, the practice is ever-evolving. Look stretch the imagination too far to envision a computer no further than the reactions to our global crisis of the screen going to black in the middle of an oral argument past weeks. And the response by courts and lawyers or a party losing all audio in the middle of a judge’s throughout the country seem to point towards this instruction. And the longstanding tradition and alure virtual system becoming much more widespread in the of a courtroom may be difficult to replicate when all future. Following the 2020 NFL Draft, coaches and general managers across the league used the words, parties join in from their remote locations. “awesome,” “fantastic,” and “outstanding” in describing 20

Further, the learning curve for new users will the virtual experience. Les Snead, general manager of Rams, stated, “The draft may have just be unavoidable. This issue brings up additional the Los Angeles 21 evolved.”

While no one has a crystal ball, all signs questions centered around fairness. One legal author recently framed the issues of privacy and fairness quite seem to indicate that if law firms do not embrace these succinctly. She stated how “moving from a physical to changes and advancements in technological efficiency, virtual space can impact the experiences and treatment of they may be left behind.

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participants.”16 It is a valid concern. More specifically, the article points out how videoconferencing could have a negative impact on a judge or adverse party’s ability to assess other parties’ credibility, emotions, and body

Endnotes 1 This quote is credited to Winston Churchill. It is

thought to have come from an exchange in the House of Commons with Philip Snowden when Churchill defended his first budget in 1924. See Karl-Georg Schon, Wit & Wisdom, Finest Hour 100, 50 (Autumn 1998), https://winstonchurchill.org/publications/finest-hour/finest-hour-100/ wit-wisdom-10/.

2 3 4

Okla. Stat. tit. 12, Ch. 2, App., R. 34.

Id. at R. 34(C).

See In re: Video Teleconferencing or Tel. Conferencing of Certain Criminal Proceedings Under the Coronavirus Aid, Relief, and Economic Security Act, GO-20-07 (N.D. Okla. Mar. 30, 2020).

5 See In re: Use of Video and Tel. Conferencing for 20 Tulsa Lawyer

Criminal Proceedings During the COVID-19 Pandemic, G.O. 20-9.1 (W.D. Okla. Mar. 31, 2020).

6 See Angela Morris, Now Trending in Texas: FullBlown Bench Trials via Zoom, Texas Lawyer (Apr. 21, 2020), https://www.law.com/texaslawyer/2020/04/21/nowtrending-in-texas-full-blown-bench-trials-via-zoom/#.

7 According to CNBC. Justin Birnbaum, 2020 NFL Draft Proves it can Work from Home – and Score Record Ratings, CNBC (Apr. 27, 2020), https://www.cnbc. com/2020/04/27/nfl-draft-proves-it-can-work-from-hometoo-score-record-ratings.html.

8 Id. 9 The Average Business Trip Costs $1,293 and Prices Will Increase in 2020, Businesswire (Oct. 3, 2019), https:// www.businesswire.com/news/home/20191003005109/en/ Average-Business-Trip-Costs-1293-Prices-Increase.

About The Author

D allas Jon e s is an Associate Attorney at Titus Hillis Reynolds Love in Tulsa. He practices mainly in the areas of commercial and business litigation.

He received his J.D. with highest honors from the University of Tulsa College of Law, where he also served as Editor-in-Chief of the Tulsa Law Review. He holds a B.S. in Finance from Missouri State University, and spent nearly a decade in the banking industry prior to beginning his legal career.

10 Id. See also Scott Hyden, Business Travel Costs are Expected to Rise – Here’s how to Negate the Price Bump, Entrepreneur (Aug. 24, 2018), https://www.entrepreneur.com/article/318919.

11 David Brand, Courtroom Goes Virtual for Emergency Judge Joseph Esposito, Queens Daily Eagle (Apr. 13, 2020), https://queenseagle.com/all/courtroom-goesvirtual-for-emergency-judge-joseph-esposito.

12 Id.

13 Hank Tester, Coronavirus Impact: Pandemic Could Bring About Virtual Courtrooms, CBS Miami (Apr. 3, 2020), https://miami.cbslocal. com/2020/04/03/coronavirus-virtual-courtrooms-miami-dade/.

14 See SCAD No. 2020-36 (Apr. 29, 2020).

15 Charlie Osborne, Zoom Security: Your Meet-

ings Will be Safe and Secure if you do These 10 Things, Zero Day (Apr. 22, 2020), https://www.zdnet.com/article/

make-sure-your-zoom-meetings-are-safe-by-doing-these10-things/.

16 Amy Salyzyn, “Trial by Zoom”: What Virtual Hearings Might Mean for Open Courts, Participant Privacy and the Integrity of Court Proceedings, Slaw (Apr. 17, 2020), http://www.slaw.ca/2020/04/17/trial-by-zoom-whatvirtual-hearings-might-mean-for-open-courts-participantprivacy-and-the-integrity-of-court-proceedings/.

17 18 19 20

Id. Id. Id.

21

Id.

Jeremy Fowler, Stories Inside the Virtual 2020 NFL Draft: 10 GMs on What They Learned, ESPN (Apr. 29, 2020), https://www.espn.com/nfl/draft2020/story/_/ id/29110271/stories-virtual-2020-nfl-draft-10-gms-learned.

BAR CENTER IMPROVEMENT PROJECTS Starting in April the Tulsa County Bar Association held its Virtual Garage Sale to kickoff the remodelling project on the interior of the Bar Center.

Customers included members of the Hinton Police Chief, the Tulsa Police Department and Sheriff's department.

Exciting new updates are planned to make your Bar Center modern, welcoming and focused on members.

We can't wait to watch it all come together and to be able to open our doors to our members!

January 2020: Bar staff and design professionals, working on the interior remodel design phase.

22 Tulsa Lawyer

Thank you to Rebecca Eubanks for her assitance with our virtual garage sale, and her company, Tulsa Insurance Guy. Check out her Facebook page at https://www.facebook.com/ TulsaInsuranceGuy/ Tulsa Lawyer 23

OBA LAW DAY STUDENT CONTEST WINNERS

The OBA announced its Law Day art and writing winners and honorable mentions in the April Oklahoma Bar Journal.

It is pretty amazing that Tulsa County students represented over 33% of the OBA's statewide contest winners and honorable mentions !!!

Among those Tulsa County winners and honorees were 26 of the total 74 mentioned in the Journal, including Jesse Anderson, of Owasso, 12th Grade Art, as the OBA's GRAND PRIZE WINNER. Contratulations to all of the student contest winners and participants in the Oklahoma Bar Association Law Day Student Contests.

Listed here are the Tulsa County students.

Rodney Buck, Chair

24 Tulsa Lawyer

Grade Place

Category Student

12th K 1st 1st 4th 7th 7th 12th 6th 7th 8th 9th 10th 12th 12th Pre-K 3rd 6th 7th 8th 8th 8th 8th 12th 12th

Art Coloring Art Writing Writing Art Writing Writing Writing Writing Art Writing Art Art Writing Coliring Writing Writing Writig Art Art Writing Writing Art Writing

Grand Prize 1st Place 1st Place 1sts Place 1st Place 1st Place 1st Place 1st Place 2nd Place 2nd Place 2nd Place 2nd Place 2nd Place 2nd Place 2nd Place Hon. Mention Hon. Mention Hon. Mention Hon. Mention Hon. Mention Hon. Mention Hon. Mention Hon. Mention Hon. Mention Hon. Mention

Jesse Anderson Eva Kelly Gordon Bryan Luke kauffman Hannah Kauffman Julie Castillo Jessica Myers Katie McQuay Addy Ramsey Addisyn Miller Ava Creekmur Gabe Thomas Cam Hang Tsan Tanner Leutjen Alyssa Hall Meadow Bales Arianna Snyder Megan McGuire Brielle Anderson Heidi McQuay Max Bruner Brayden Hughes Tara Samiee Emily Peters Hannah Rystedt

Lawyers Fighting Hunger & Live Local, Give Local To all of our supporters,

Parkside was a new partner this year that we brought into the agency recipients. They provide pantry items to their patients after they are discharged from the hospital. As we all know, food can be a huge barrier to stable living when budgets are tight (choosing between food and medicine). Parkside does such a great job of supporting their patients both in-patient and after discharge. They are a great community partner and we will be including them in our Thanksgiving event (which will hopefully be back to our normal event this year.)

I just wanted to share with you the letter they sent us demonstrating the impact your support this year made at a time when people need it most.

Thank you again for all your support for our mission-- to feed those who are hungry in the Tulsa area.

I hope you and your families are all staying safe and healthy!

Sincerely, Hugh M. Robert

KEEP IT UP TULSA LEGAL COMMUNITY!

Create some buzz about your business!

Advertise in Tulsa Lawyer Magazine Rates and details at www.tulsabar.com or email tulsabarnews@yahoo.com

Tulsa Lawyer 25

Grapevine News

GableGotwals recently secured a unanimous victory from the Oklahoma Supreme Court regarding the necessity of takings under the power of eminent domain. The Firm’s client, a FERC interstate natural gas pipeline, brought a condemnation action to acquire additional easement rights, including access easements over existing roads because the existing agreements between the parties did not provide reliable access to the pipelines and facilities for erosion control and maintenance work. The landowner challenged the necessity of the taking, arguing that the preexisting easements preempted any later exercise of eminent domain and that the taking did not meet the legal standard of necessity for public use. The Oklahoma Supreme Court rejected the landowner’s arguments and ruled in favor of the Firm’s client.

In affirming the district court’s ruling, the Oklahoma Supreme Court upheld well settled law that the right of eminent domain cannot be contracted away, meaning that preexisting easements do not prevent later exercise of eminent domain. The Court also reiterated that condemning authorities, such as pipelines, have wide discretion in determining the location and routes of their easements.

The Court concluded that the easement rights sought in the condemnation action were necessary for the public use.The GableGotwals team included oil and gas shareholders John Dale, Ryan Pittman, Barbara Moschovidis, and Alicia Edwards, and associate Hope Forsyth.

team and to see how the firm grows with the new marketing initiatives.”

Immediately prior to joining Conner & Winters, Rudicel served as an account supervisor at Saxum where she worked closely with organizations in the banking, healthcare, energy, nonprofit and government sectors and led internal teams to accomplish marketing goals for her clients. Her work portfolio includes developing strategic marketing plans, offering crisis communications counsel, leading global PR efforts for one of the largest conferences in Houston and preparing c-suite executives for media opportunities. Additionally, Rudicel served as marketing communications manager at the Oklahoma City-County Health Department, multisite communications manager at Corvias Group, communications manager at the Lawton Fort Sill Chamber of Commerce and as a general assignment reporter and weekend anchor at KSWO-7 news in Lawton, Oklahoma and KWTX News 10 in Waco, Texas.

Rudicel received a B.A. in Film and Media Studies from Emory University in Atlanta, Georgia. She is an active member of Junior League of Oklahoma City and the Oklahoma City Zeta Tau Alumnae chapter. Rudicel previously served on the Public Relations Society of America Oklahoma City Chapter board and graduated from Leadership Lawton Fort Sill.

Conner & Winters, LLP hired Laura Rudicel as its first-ever director of marketing. Rudicel brings with her nearly twelve years of experience in journalism, public relations and marketing.

As the firm’s new marketing director, she will provide strategic oversight for all firm marketing and communications efforts. This will include managing budgets, department operations, and the execution of the overarching creative, marketing and communications strategies. Additionally, Rudicel will oversee the development and implementation of support materials and services for business development.

Scott Hathaway, president of Conner & Winters, said, “Laura will add a welcomed new depth of integratedmarketing experience that will compliment the business development work already being done by our attorneys.

We are excited to have her as part of the Conner & Winters

Professor Evelyn Aswad, Herman G. Kaiser Chair at the University of Oklahoma College of Law, has been appointed to the newly created Oversight Board, which will review certain content decisions by Facebook and Instagram.

The board will make binding decisions on selected content matters as well as submit recommendations on platform policies.

The Oversight Board is composed of 20 independent members from around the world. The other members include law professors from Stanford and Columbia, individuals with journalism backgrounds, former high-ranking government officials and judges, and leaders from civil society. In its work, the board will consider freedom of expression protections within the framework of international human rights principles.

“Professor Aswad's profound accomplishments within the field of human rights cannot be overstated,” said

26 Tulsa Lawyer

OU Law Interim Dean Katheleen Guzman, “making her appointment to this extraordinary group of thought leaders both remarkable and unsurprising. OU Law is proud that one of our own will engage in the essential work of determining how best to moderate speech in today’s digital landscape.”

Aswad’s expertise is in international human rights law and global corporate responsibility standards, with a focus on speech standards. She has written a number of articles advocating that social media companies use universal human rights protections in their content moderation decisions. She also teaches a Human Rights Practicum on comparative freedom of expression issues and a course on International Business and Human Rights. In addition, she is the director of the College of Law’s Center for International Business and Human Rights. Prior to joining the OU Law faculty in 2013, Aswad was the director of the human rights law office at the U.S. Department of State in Washington, DC.

“The Oversight Board is an innovation in platform governance, and I hope it will bring some much needed outside oxygen and expertise into the often mysterious world of corporate content moderation,” said Professor Aswad. “I’m really looking forward to working with experts from around the world to try tackle some of the most consequential issues involving online speech.”

Gabriel Willis Pratt

Born January 19, 2020 to John and Kara Pratt, he joins big sisters Judah and Karis and big brothers Granite, Gryffon, and Gideon. Kara Pratt is on the TCBA board of directors and she chairs the membership committee.

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Corrine Lynn O’Day-Hanan “Precious in the sight of the Lord is the death of His saints.” Psalm 116:15

Corrine Lynn O’DayHanan, of Talala, Oklahoma, passed away on April 7, 2020, at the Mayo Clinic Hospital in Rochester, MN, after a long battle with Hodgkin’s Disease and complications from a bone marrow stem cell transplant. She was 57 years old.

Corrine was the only one of her family to earn a college degree. She attended Tulsa Community College, where, although a student herself, she taught English composition. She then attended and graduated from Tulsa University with a BS degree in Business Administration in 1991. She subsequently earned a Juris Doctor degree in May 2003 from Tulsa University School of Law where she won numerous awards for academic achievement. She was a member of the Oklahoma Bar Association. She established a general law practice in Muskogee, OK, later specializing in civil rights, and even, despite the short time she had been practicing, argued a case before the United States 10th Circuit Court of Appeals in Denver, Colorado.

She reluctantly retired from her law practice due to her illness.

Corrine spent her life as a crusader for the underdog.

In college she organized Violence against Women protests and fought for protections for women who spoke out and safeguards such as better campus lighting. She used her Law

28 Tulsa Lawyer

Practice to stand up for people who had been wrongfully convicted or profiled; She kept a wardrobe at her office to help people who couldn't afford to dress professionally for court. After her retirement she used her power of written word to fight for social change and political justice. In her personal life she gave forgiveness to anyone who asked, no matter how many mistakes they made. And she loved her garden and growing and sharing food with everyone in her life.

She loved to cook and fix big meals and treats for friends and family. She was noted for her easy manner, her great laugh, her love of Oklahoma State football, and her love for the Lord Jesus.

Corrine is survived by her husband of sixteen years, Scott Hanan, of the family home in Talala; sons Aaron Freeman of Tulsa, OK, James Hanan & wife Amy of Stillwater, OK, Joel Hanan of Stillwater, OK, Jason Hanan & wife Stacy of Moore, OK, and Alec and Kyan Hanan of Talala, OK; daughters Kristy O’Day of Prague, OK, Bethany (Betty) Goldey & husband Dylan of Medford, OR, Jessica Hanan of Corpus Christi, TX, and Clarissa and Maggie Hanan of Talala, OK. She is also survived by her mother and step-father, Margaret & Lee Wheatly of Owasso, OK; step-mother Patti Christian of Durhamville, NY; brothers Paul Christian, Jr. & wife Mary of Tulsa, OK, George Christian & wife Michele of Chesapeake, VA, Chris Christian & wife Linda of Deerfield, NY, and Patrick and Daniel Buell of Durhamville, NY; sister-in-law Tina Ring of Tulsa, OK; brother-in-law Steven Hanan and wife Doreen of New Haven, IN; grandchildren Ayden Freeman of Tulsa, OK, and Mason and Atom Goldey of Medford, OR; Jace, Jadlyn, and Ayden Hanan of Stillwater, OK; June Hanan of Moore, OK, and Jaelyn Frutos of Corpus Christi, TX, as well as a host of nieces, nephews, cousins, aunts, uncles, and friends, all of whom she loved and who loved her. Corrine was preceded in death by an infant grandson in June 2018, Ethan Goldey of Medford, OR, and in February 2020 by her father Paul Christian, Sr of Durhamville, NY.

A memorial service will be scheduled at a much later date, after resolution of the current viral pandemic.

The family requests that donations to the Mayo Clinic Bone Marrow Transplant Program, c/o Methun V. Shah, M.D., Ph.D., 200 1st St. SW, Rochester, MN 559050001, be given in her honor.

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

“All of us might wish at times that we lived in a more tranquil world, but we don't. And if our times are difficult and perplexing, so are they challenging and filled with opportunity.”

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