Tulsa Lawyer Magazine July 2018

2

A Message from

Christina Vaughn

July 2018

2017-2018 TCBA President

3rd

5

Quarter Golden Rule Award

R. Scott Savage 5

TCBA Election Results

In this Issue TULSA LAWYER

7

Annual Meeting & Awards Banquet August 24th

8

Book Review: Business and Commercial Litigation in Federal Courts

By Mary Quinn Cooper and Bill Leach

13 Member Appreciation Photo Review 14 TAPC Donations - Children & the Law

15 Eat Out for A Cause - BIGA 16 Judicial Forum Review 18 I Thought I was a Lawyer Not a Therapist

By April Merrill & Sarah Young 21 Welcome Home Project -Community Outreach 22 Tulsa Lawyers Encourage Others to Get

Healthy with HMR Program 25 Turpen named to University of Tulsa College

of Law Hall of Fame 26 A Book Review By Martha Cordell

Orange is the New Black ~Piper Kerman 29 Grapevine 30 In Memory of...

32 Classifieds

Tulsa Lawyer 1

A Message from the President

Christina M. Vaughn

Tulsa County Bar Association Executive Director Named Greetings TCBA Members,

After taking last month off to provide needed space for the judicial candidate profiles, I return this month with great news to share. I am very pleased to announce that TCBA Interim Executive Director Greg Gordon has accepted the position of TCBA Executive Director. Before retiring, Mr. Gordon spent nearly two decades serving as a Vice President at Williams. After his retirement from Williams, Mr. Gordon has devoted much of his time and energy to serving his community through employment with and volunteering for non-profit entities. His significant business experience and levelheaded approach to management were a tremendous asset to the TCBA during his time as Interim Executive Director.

The process of selecting the TCBA Executive Director was a thorough, months long process. The process began in January, when the TCBA Executive Committee sought proposals from human resource/ recruiting firms to assist with the search. Following receipt and consideration of the proposals, the Executive Committee conducted interviews with two firms and ultimately selected The Rowland Group to assist with the search. The Rowland Group was tasked with advertising the position, reviewing resume submissions, conducting initial telephone and in-person interviews, conducting reference checks, and providing the Executive Committee a short list of recommended candidates. The Rowland Group received thirty-five resumes in response to the posted job listings, gathered additional resumes from industry contacts and various other sources, interviewed 2 Tulsa Lawyer

twenty-five candidates, and forwarded twelve candidates to the Executive Committee for further consideration.

The Executive Committee considered the candidates submitted by The Rowland Group and selected four to be interviewed by the Executive Search Committee. The Executive Search Committee was comprised of twelve members of the TCBA Board of Directors, seven of whom make up the Executive Committee plus an additional five Board Members.

Interviews were conducted on a single day over a five

hour period, with each of the four candidates interviewing for two hours; spending the first hour with one-half of the members of the Executive Search Committee and spending the second hour with the remaining members. Interview topics were selected in advance so that each interview generally covered the same topics, and each member of the Committee completed a score sheet for each candidate that established a weighted measure of the candidate’s abilities in the areas identified as most important to the position.

Following the interviews, the Committee met as a whole to discuss the candidates and consider the scoring metrics. Ultimately, the Committee approved to submit a recommendation to offer the position of TCBA Executive Director to Greg Gordon to the full TCBA Board of Directors for consideration. The TCBA Board of Directors met in executive session the following week to consider the Executive Search Committee’s recommendation, and after a comprehensive discussion, approved the recommendation.

The TCBA Board of Directors could not be more pleased that Mr. Gordon has agreed to serve as the TCBA Executive Director. If you have not yet had an opportunity to meet Mr. Gordon, I encourage you to stop by the Bar Center and visit with him about his plans as Executive Director and, of course, to share with him any ideas you have for improving the TCBA.

Finally, I want to thank all TCBA Members for your patience during this time of transition. We’ve had a few bumps in the road this year, but I believe that the TCBA leadership has been very effective in turning our difficulties into opportunities for improvement. As a result, I believe there are great things ahead for the TCBA and our members.

I also want to extend a special thanks the Executive Search Committee who dedicated time not only to the selection process leading up to the interviews and deliberation, but also committed to devote a full billable day to the interviews and deliberation, and who were very thorough and insightful in their interactions with the candidates and during deliberation.

The Bar Center is open 8:00 a.m. - 5:00 p.m., Monday - Friday.

Take a minute in your day to stop by!

Did you know?

U.S. Flag Fact

The Executive Order of President Eisenhower on August 21, 1959 - mandated for the arrangement of the stars in nine rows of stars staggered horizontally and eleven rows of stars staggered vertically.

Best wishes for a happy and safe Independence Day.

Sincerely, Christina M. Vaughn TCBA President, 2017-2018 Tulsa Lawyer 3

R. Scott Savage

2017-2018 Golden Rule Award ~ 3rd Quarter

By Matt Farris

ability to be gracious and respectful during and after even the most hard-fought proceedings. He is honest and direct, sometimes to a fault, and does not hesitate to give clients, cocounsel, and opposing counsel (and often anyone else who will listen) his candid and frank opinion of the merits of a case. His most endearing qualities may be his sense of humor and generally positive outlook. Many younger lawyers who have worked with Scott will tell you that if you’re lucky enough to get the opportunity to work with him, you’ll work hard, learn much, and have fun doing it.

R. Scott Savage has spent his 40-year career representing businesses and individuals in contract, employment, environmental and oil and gas litigation matters. He has tried jury cases in all federal courts and numerous state courts in Oklahoma. In addition, he has tried cases in both federal and state courts in Texas. Scott presently practices at Moyers Martin, where he spent the first 26 years of his career before serving as General Counsel for a Tulsabased company in the oil and gas industry, providing legal advice on a variety of matters including licensing and other contracts, employment, loans, real estate and environmental issues. He is happy to be back in private practice at Moyers Martin.

In addition to his work for clients, Scott serves as a mediator and arbitrator and is an Adjunct Settlement Judge in the United States District Court for the Northern District of Oklahoma. Scott is also a member of the Board of Directors for Oklahoma Attorneys Mutual Insurance Company and is a member of the American Inns of Court. He has been recognized with an AV® Preeminent™ Peer Review Rating from Martindale-Hubbell® named as a Super Lawyer and one of Tulsa’s Top Lawyers as published in Tulsa People. Scott’s dedication to his practice, his clients, and his colleagues have earned him the Tulsa County Bar Association’s Golden Rule Award.

Scott is a tough, hard-nosed litigator who relishes a fair fight. He has no use for personal attacks on his adversaries or Rambo-style litigation tactics. He genuinely enjoys his work and the people he works with and against and it shows in his

Scott leads a rich life outside of the practice of law. He and his wife enjoy watching their daughter play basketball and spending time tending to their ranch in eastern Oklahoma.

Scott’s dedication as a husband and father and meticulous attention to his horses and other ranch animals enhance his professional life as his dedication and attention to detail carry over into his work.

Scott’s outstanding contributions to the legal profession and his high standards of fairness and integrity are a model for other members of the Bar and the Judiciary to emulate.

He embodies the quality the Golden Rule award is meant to recognize.

The Golden Rule 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 Tulsa Lawyer 5

6 Tulsa Lawyer

The Bar Center will be closed Wednesday, July 4th.

Tulsa Lawyer 7

Book Review: Business and Commercial Litigation in Federal Courts

By Mary Quinn Cooper and Bill Leach

BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, 4TH EDITION, THOMSON REUTERS AND ABA SECTION OF LITIGATION Edited by Robert L. Haig

The 4th Edition of the ABA Section of Litigation’s Business and Commercial Litigation in Federal Courts provides a comprehensive treatment of federal court practice. Editor in Chief Robert Haig has provided a treatise that includes 153 chapters, with significant new material, authored by highly respected federal practitioners and noted jurists who share their experience, knowledge, and insight.

The remainder of this review consists of analyses of 20 of the 153 chapters in the Fourth Edition. We have selected these chapters because their subject matters are of particular interest to one or both of the authors and because they provide insights into the objectives, breadth, and utility of the Fourth Edition. Our brief analyses of these chapters also demonstrate the unique combination of procedure, substantive law, and strategy which makes the Fourth Edition invaluable to any practicing litigator.

Case Evaluation – Chapter 6 explains the purpose and significance of an initial case evaluation and of relying upon and periodically updating the evaluation as the case progresses. While the chapter makes it clear that there is no one size fits all template, it does suggest a step-bystep approach to preparing a comprehensive and realistic evaluation, which includes ensuring all relevant parties— the client, in-house counsel, and outside counsel—are

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involved, ascertaining the client’s objectives, and allowing them to dictate the scope and content of the evaluation. The chapter also details critical factors an evaluation should consider such as (1) identification and analysis of key documents and witnesses, (2) the strengths and weaknesses of the client’s case, (3) the legal principles that will likely govern the case, and (4) an estimate of the damages and other potential relief. The chapter also discusses the history, benefits, and limitations of a quantitative or numerical case evaluation that relies upon probability theory and statistical modeling. While the author understands the numerical approach forces a more rigorous and careful analysis of the case, he also explains that the numerical approach is limited by the impossibility of quantifying all relevant factors and the simple fact that most lawyers are not mathematicians. The chapter highlights how to use case evaluations in varied contexts, such as determining whether a class action settlement is fair or the extent of disclosure obligations under Sarbanes-Oxley. The chapter concludes by emphasizing the importance of protecting written case evaluations from disclosure using attorneyclient and work-product privilege.

Comparison with Commercial Litigation in State Courts - Chapter 10 is a thoughtful and detailed examination of what to consider in choosing state or federal court as the best forum for the client. The chapter encourages thinking through not just what is best for your client generally, such as a federal court with more resources or a state court that might provide more flexibility, but the impact of the differences in law and procedure at every step of the case, such as the differing electronic discovery obligations, initial disclosure requirements, ease of service of subpoenas in federal court in the event third party discovery is needed; whether there is unfavorable authority from appellate courts encompassing the state court venue, but which would not bind a federal court at the summary judgment stage; and the differing appeals processes in the event of an adverse ruling that does not dispose of the entire case. The result is a concise chapter, including a checklist, which will force the practitioner to think through what is on balance the best forum for the client not just in broad strokes but at each potential step of the litigation.

Removal to Federal Court - Chapter 12 provides an exhaustive analysis of removal and remand issues.

After reviewing factors favoring removal to federal court versus staying in state court, it covers every aspect of possible procedural pitfalls that face attorneys attempting to navigate the strict conformance with statutory removal requirements. It covers the grounds for removal to federal court based on federal question jurisdiction. It also addresses all the factors for removal based on diversity jurisdiction, including detailed discussions of what is required for diversity, unanimity, amount in controversy, and fraudulent joinder. The chapter also addresses removal under the Class Action Fairness Act and the procedural snares facing lawyers desiring to remove under that act.

The chapter then details the remand procedure, including possible grounds for remand, as well as questions of appellate review of orders relating to remand. This chapter should be considered mandatory reading for any federal practitioner.

Class Actions - Chapter 19 provides a comprehensive primer on class actions. The chapter begins by considering the advantages and disadvantages of class actions, including strategic considerations for both plaintiffs and defendants.

The chapter then moves section-by-section through the procedural aspects of class actions under Fed. R. Civ. P. 23.

With each topic covered, a brief introductory summary is often accompanied by an illustrative example. Thereafter, the chapter thoroughly outlines the relevant black letter law, including the tests employed by appellate courts and factors considered by the courts when applying those tests.

The chapter also provides an extensive bibliography of case law on each topic, making it an excellent starting point for any attorney considering filing a class action.

As the chapter guides the reader through the procedural intricacies of class actions, it makes note of substantive areas of law that require additional or unique procedures. For example, when discussing settlement of class actions, the chapter notes that in securities class actions, there are rules regarding what must be included in a notice of settlement issued to class members under Rule 23(e)(1).

Following its thorough procedural treatment, Chapter 19 briefly touches on the more esoteric issues implicated in class actions, including due process concerns, subject matter jurisdiction, choice of law, and ethical considerations for counsel. The chapter then provides a string of sections addressing the most common categories of class action suits, including antitrust, securities, mass tort, products liability, consumer fraud, patent, copyright and trademark, employment, ERISA, and privacy/ cybersecurity class actions. In each of these sections, the chapter delves into subject matter-specific issues and discusses practical considerations for litigators in each context. Finally, the chapter closes with various forms, checklists, and other practice aids to further assist the class action practitioner.

Depositions - Chapter 24 should be required reading for any lawyer who takes a deposition. The chapter provides a methodical explanation of the Federal Rules governing all aspects of a deposition, including preparation of the notice, coordination with other discovery tools, propounding proper objections, conducting the deposition, and aligning the deposition with the strategy of the case, while pointing out often overlooked aspects of and nuances in the Federal Rules of Civil Procedure and the Federal Rules of Evidence. In addition to reviewing the offensive side of a deposition, the chapter includes tips for defending a deposition and for preparing party and nonparty witnesses for depositions. The chapter explains the types of witnesses subject to a Rule 30(b)(6) notice and applicable privileges.

The chapter also provides strategies for setting up effective affirmative and defensive motions through depositions, and concludes with several pages of checklists and forms, including sample discovery plans, protective orders, and deposition notices. The practical tips and strategies offered in Chapter 24 will benefit new and seasoned litigators and remain a staple reference on your desk for years to come.

Discovery of Electronically Stored Information - Chapter 26 discusses issues related to the discovery of electronically stored information (“ESI”), including the importance of preserving ESI, spoliation, and related issues. The chapter includes a discussion of the recently amended Federal Rules of Civil Procedure that apply to ESI discovery. Of note, the chapter discusses the costsharing and cost-shifting provisions under the Rules and the circumstances in which courts have found cost-shifting appropriate. The chapter also identifies common disputes that arise between parties over ESI discovery, as well as practical advice for resolving those disputes.

Interrogatories - Chapter 27 provides practical advice on how to use interrogatories effectively as part of an overall discovery strategy. The chapter breaks downs the strengths and weaknesses of interrogatories as a discovery device, including the types of information that interrogatories are most effective at yielding. The chapter includes a number of helpful tips for drafting effective interrogatories, including common mistakes to avoid, with an emphasis on drafting clear, direct interrogatories in plain English that are tailored to the case. The chapter also discusses other relevant issues, including when and how to raise objections to interrogatories.

Requests for Admissions - Chapter 28 highlights many of the pitfalls of drafting and responding to requests for admissions. It delineates the differences between requests seeking admission of a pure issue of law versus the application of law to fact. Likewise, it highlights the importance of utilizing the applicable legal language for an issue in the case to ensure that the admission received in response is useful to the propounding party. This chapter also examines the impact of broad definitions on the meaning of any admission obtained, as well as the presentation of the admission to the jury. For example, including a broad

definition of the responding party which includes that party’s attorney may result in a properly founded privilege objection. Similarly, defining “contract” or “agreement” may necessitate a complicated presentation of an admission to the jury, referencing the definitions section or attached document, whereas a request that includes the title of the contract at issue could simply be read to the jury. This chapter is also a valuable resource for examining what has been considered a proper “qualification” of an admission, and what is an improper denial and/or unnecessary extraneous information provided in response to a request.

In most cases, the improper portion of the responses could have easily been converted into a proper response with a few small changes highlighted in the chapter. Overall, this chapter provides a good refresher on best practices for requests for admissions as well as helpful insights from the collected cases.

Motion Practice – Chapter 30 counsels knowledge of the case and the development of a plan and theme as essential elements underlying the strategy of motion practice. Recognizing that, when done well, motion practice can be a very effective tool in moving litigation toward conclusion, the chapter recognizes that it can also have an adverse effect on a party’s position when not well thought out. Additionally, the issue of expense is raised throughout, with this theme used to obtain the most bangfor-the-buck in motion practice. Stylistic issues, such as brevity and narrative style choices are discussed as ways 6 Tulsa TulsaLawyer Lawyer 10

to create a favorable impression with the judge and further a party’s theme of the case. Ethical issues associated with improper or poor quality motion practice, as well as counsel’s reputation with the court and within the legal profession, are discussed. A general discussion of different forms of motions, responses, replies, and orders is included at the end of the chapter.

Summary Judgment - Chapter 31 focuses on the strategy involved in determining whether and when to file a motion for summary judgment, addressing the costs, potential pros and cons associated with the decision to file a motion for summary judgment, and potential pitfalls associated with timing. Later sections of the chapter address the mechanics with particular attention paid to the burden of production on a moving and responding party as it relates to the burden of proof at trial. The inclusion of specific admissible evidence in support of undisputed facts is stressed. Later sections address particular types of cases as well as different variations of the motion, including a motion for partial summary judgment, crossmotions, discussion of Fed. R. Civ. P. 12(b) motions, 12(c) motions, directed verdicts, and judgment as a matter of law before turning to the appellate standard for review of summary judgment orders.

Motions in Limine - Chapter 37 discusses strategy that underlies the decision to file motions in limine, including knowing your particular judge’s view on these motions. Discussion with opposing counsel is encouraged

to eliminate topics on which agreement can be easily reached, considering judges’ frustration with the growing numbers of motions in limine filed. Common topics of motions in limine are discussed, including relevance, witness competency, impeachment evidence, expert testimony, lay opinion testimony, and hearsay issues. Nonevidentiary issues that may be addressed appropriately in a motion in limine are also covered. Preservation of error during the course of the trial and waiver by offering the evidence sought to be excluded are also covered.

Trial Strategy and Advocacy - Chapter 38 provides a structured, big-picture view of trial strategy in commercial litigation. This trial roadmap is accompanied by tips to work backwards to develop effective strategies for earlier stages of litigation. Both jury trials and bench trials are discussed. This chapter also identifies and analyzes specific hurdles to making a commercial case accessible to jurors, and procedural considerations that arise more frequently in commercial cases.

Bankruptcy Code Impact on Civil Litigation in the Federal Courts – Chapter 56 usefully introduces the reader to the basic problems presented by a bankruptcy filing of a party that is already in federal litigation caused by the automatic stay, including who it does and does not apply to, and how to obtain relief if needed. It also addresses the issue of bankruptcy jurisdiction in light of the Stern v. Marshall US Supreme Court case about bankruptcy court jurisdiction, which has created a host of unanswered questions which are still being litigated.

Techniques for Expediting and Streamlining Litigation - Chapter 65 provides an overview of how litigators may promote the efficient resolution of disputes at the various stages of a case. After providing an overview of the interests that often render litigation expensive and unwieldy, the chapter provides strategies and techniques for overcoming these obstacles at every stage, including prior to filing, when staffing a case, at the pleading, scheduling, discovery, and pre-trial stages, as well as during trial. Chapter 65 also provides insight into the 2015 Amendments to the Federal Rules of Civil Procedure that may be utilized to ensure that the cost and effort expended in connection with a matter are reasonable and appropriate in view of the matter in controversy.

Social Media - Chapter 67 provides up-to-date information concerning how to harness the evidentiary value provided by social media accounts. Chapter 67 first provides an overview of the acquisition of data shared on social media through discovery, as well as a summary of the interests and limitations that may hinder the discovery of such data. The chapter then discusses admissibility, including an overview of challenges to relevance, authentication, and hearsay that will often be raised in response to any attempt to introduce social media evidence at trial. Next, the chapter summarizes

whether and how a litigator may take into account a potential juror’s social media usage during the jury selection process and when conducting jury research. The chapter provides an overview of social media concerns that arise in the employer-employee context, as well as a summary of the ethical considerations that should govern the advocate’s use of social media. The chapter concludes with model discovery requests and deposition questions pertaining to social media.

Collections - Chapter 94 focuses on practical considerations rather than simply providing a law review type of analysis of collection issues. The provided forms are quite useful and cover the important available tools to actually transforming a judgment into money.

ERISA - Chapter 106 reduces to digestible pieces the legal consequences of ERISA in commercial litigation, even if a case is not initially pled as one governed by ERISA. For the practitioner unfamiliar with ERISA, the chapter helpfully discusses how to determine whether ERISA applies and when ERISA preempts state law claims. The bulk of the chapter details ERISA claims and defenses ranging from a simple claim for benefits or breach of fiduciary duty to a complex stock-drop claim or excessive fees claim. It also details unique issues in ERISA litigation such as the fiduciary exception to attorney-client privilege, determining the appropriate statute of limitations since ERISA does not provide a statute of limitations for all the claims created thereunder, and the general rule that few ERISA claims are entitled to jury trials. The chapter also delves into the threshold issue of determining whether a defendant is an ERISA fiduciary and the enumeration and discussion of an ERISA fiduciary’s extensive duties.

Products Liability - Chapter 109 takes the form of a practitioner’s guidebook. The initial section is devoted to the process of evaluating a new case from both sides, including the initial client interview, evaluation of the product and claims at issue, pre-litigation discovery, and appropriate use of consulting experts for early evaluation. The chapter also directs the readers to sources of substantive information in various industries, including regulatory agencies and trade organizations.

After providing practitioners with guidance on how to approach products liability litigation, the chapter provides a historical background and definition of the various causes of action that fall within the ambit of products liability law. As the chapter explores theories based in negligence, warranty, and strict liability, it provides a general idea of the majority and minority views on various issues, as well as the position of the Restatement Second of Torts. The chapter closes with a summary of the Restatement Third of Torts, which seeks to institute a completely new framework for products liability causes of action by distinguishing the type of defect involved Tulsa Lawyer 11

(i.e., manufacturing, design, or failure to warn/instruct), rather than the underlying legal theory of liability.

Mass Torts - Chapter 110 is one of the treatise’s more concise chapters. This is unsurprising given the fact that the substantive law of mass torts is “largely borrowed” from other areas of tort law, most commonly products liability. Accordingly, the chapter focuses on case management issues unique to mass tort cases. Prime among these issues are the various methods of joinder utilized in mass tort cases, including class certification, consolidation in a single district for pretrial and/or trial, and multidistrict consolidation. The chapter provides a thorough and reasoned discussion of the strengths and weaknesses of each method, as well as the circumstances in which each method may be appropriate.

Chapter 110 next chronicles the emergence of mass tort law from a foundation in products liability, including an account of the early cases that provided models for managing and resolving mass tort cases. This section places mass tort litigation in context relative to similar and related areas of law.

Thereafter, Chapter 110 sets forth case studies from three different industries, including an industrial mass tort (the 1984 Bhopal gas plant disaster), a mechanical mass tort (the Ford Bronco II litigation), and 12

Tulsa Lawyer

a pharmaceutical mass tort (the Vioxx litigation). These case studies provide the reader with a glimpse of the sheer scale of the challenges and concerns presented by mass tort litigation, and present examples of how those challenges can be effectively managed. Chapter 110 closes with a number of practice aids, including checklists to guide litigators through procedural matters, and a sample case management order addressing several mass tort-specific issues, including appointment of plaintiffs’ lead counsel, liaison counsel, and establishment of executive and steering committees for the litigation.

Construction - Chapter 145 begins with a through review of the construction process and those who participate in it. It describes the manner in which construction projects are structured and the types of contracts often used. The chapter has a separate section for each participant in the construction process and describes the role each may play. The chapter, however, is not just an overview for the novice. It includes a detailed analysis of key contract provisions, including liability limits and damage waivers, and a general contractor’s use of flow down contract provisions to shift liability to its subcontractors.

The chapter also discusses the use of arbitration, mediation, and litigation as it specifically deals with construction disputes. It suggests strategic considerations, explains the different types of construction claims including an excellent section on the causes and effects of delay and lost productivity. It includes practical advice, complete with checklists for both plaintiffs and defendants, form complaints, discovery requests, and proposed jury instructions.

One cannot always be the most naturally talented advocate in any given case, but certainly one can always be the best prepared. Preparation trumps talent most of the time. This excellent treatise can provide you the preparation advantage.

------ Mary Quinn Cooper and Bill Leach are shareholders in McAfee & Taft, a Professional Corporation, in Tulsa, Oklahoma. Both focus on litigation in state and federal courts. The authors gratefully acknowledge the contributions of McAfee & Taft lawyers Jessica John Bowman, Vani Singhal, Julia Palmer, Alex Duncan, Anna Imose Wolfe, Michael F. Smith, Elizabeth Isaacs, Dru Prossor, Alison Verret, Charles Greenough, and Henry Hoss.

Share your submission ideas with us!

Contact mptaubman@taubmanlawoffice.com

Member Appreciation 2018 Month in Review

Tulsa Lawyer 13

Children & the Law Committee

Donations Raised for TAPC

The Children and the Law Committee would like to say THANK YOU for all who attended Happy Hour at Lefty’s on May 10th, and to all those who donated items, to benefit Tulsa Advocates for the Protection of Children (TAPC)!

The Children and the Law Committee was able to raise over $160.00 in cash donations, along with well over $300.00 in donated toys, sunscreen, towels, swimsuits, chalk and other summer fun items to TAPC to help foster families in need. Another special shout out to Lefty’s for hosting AND donating to such a wonderful event and making it a roaring success!

You can learn more about TAPC by visiting www.tapchelps.org TULSA ADVOCATES FOR THE PROTECTION OF CHILDREN Address3326-B E. 51st St. Tulsa, OK 74135 Phone: 918-742-4947 If you know a child that needs help, call the OKDHS hotline at 1-800-522-3511

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Tulsa Lawyer

The Tulsa County Bar Foundation’s Community Outreach Committee would like to invite you to our July Eat Out for a Cause Night at BIGA!

Tuesday, July 17th

5:00 p.m. to close BIGA ITALIAN RESTAURANT (4329 South Peoria Avenue)

Biga will be graciously donating 20% of all food proceeds for the benefit of the 1st Step Male Diversion Program (1ststepmdp.com) in Tulsa County. For those of you that don’t know, the goal of 1st Step is to break the pipeline of incarceration in our young male citizenry through education, treatment, sober living, mentoring, and job placement.

1st Step is working tirelessly to help reduce recidivism rates and make sustainable success an attainable reality for the young men in their care.

So please join us at Chef Tuck Curren’s amazing Biga Italian Restaurant on July 17th and

Eat Out for a Cause!

Make your reservations today by calling 918-743-2442.

We hope to see you there!!

Tulsa Judicial Forum

May 31st

Sponsored by the Tulsa Criminal Defense Lawyers Association and the Tulsa County Bar Association Videos available at https://vimeo.com/album/5215225

16 Tulsa Lawyer

The Tulsa Criminal Defense Lawyers Association in conjunction with the TCBA hosted a Judicial Forum on May 31 at the Bar Center which was open to the public. Sixteen candidates seeking election as a District Judge of Tulsa County participated. Shena Burgess of Smiling, Smiling & Burgess coordinated the event and served as the moderator. It was a well-attended event that was also recorded and available to be viewed on the following website in case you missed it: https:// vimeo.com/album/5215225.

The candidates who participated are all in contested elections, and remarked about their experience and accomplishments, as well as answered questions from the moderator which included what type of docket he/she would prefer, how much trial experience he/she had, and why he/she wanted to be a District Judge.

Here is a list of the judicial candi- District 14, Office 12 (Open Seat): dates in contested elections in Tulsa Hon. Martha Rupp Carter Hon. Stephen Clark County: Rick Wescott District 14, Office 1: Associate District Judge (Open Hon. Caroline Wall, Incumbent Seat): Keith O. McArtor Hon. Cliff Smith Tom Sawyer Brian Crain Adam Weintraub District 14, Office 2: Hon. Sharon Holmes, Incumbent Blake Shipley The primary election will be held on June 26, so please be sure to vote!

District 14, Office 3: Thank you to TCDLA for providing Hon. James Caputo, Incumbent food and beverages, and to our Bar Tracy Priddy Staff, Greg Gordon and Tammi SinJames Williamson clair who helped make this event a great success!

District 14, Office 9: Hon. Linda Morrissey, Incumbent Chris Brecht

Visit the Tulsa County Election Board at

https://www.tulsacounty.org/Tulsacounty/electionboard.aspx

Tulsa Lawyer 17

I Thought I was a Lawyer Not a Therapist; How to be Trauma-Informed

by Identifying and Addressing Trauma

By April Merrill & Sarah Young

“As we stepped outside the courtroom, the child clung to the only caregiver he had ever known. As she walked away, I swallowed hard, trying to keep my emotions under control. The two-year-old froze, eyes wide, terrified. My heart broke for him. He started running after her. I reached down to stop him with a hand on his shoulder. My heart was beating out of my chest, knees shaking, as the reality of the situation sunk in. ”While you might think this is a narrative from a parent or guardian, this was the reality for an attorney as they assisted a two-year-old’s father in obtaining physical custody from another relative who had raised the child. The attorney had done their job, they successfully advocated for their client’s right to his child and received a favorable judgment.

But beyond that, they felt the reality of how the two year-old was being affected in that very moment-- how that child was being traumatized by suddenly being ripped away from his primary caregiver.

Law school teaches us to zealously advocate for clients but fails to mention the costs of advocacy both personally and professionally. “...[A]s lawyers, we are in the suffering business. Clients rarely come to see a lawyer with happy news. They often come to see us during their lowest, darkest, scariest moments."1 Filled with overwhelming emotions ranging from anger to grief, clients seek an attorney’s expertise to help them overcome what has happened. Often times, what happened has been traumatic. Id. For something to be considered traumatic, it must have been emotionally painful, distressing or shocking.2 These events can span from an eviction that led to homelessness all the way to receiving the death penalty. Such traumatic events negatively impact an individual’s physical and mental wellbeing, which seeps into personal relationships. Id. However, as illustrated by the attorney’s story, clients are not the only humans that experience trauma. Before passing the bar or even stepping foot into law school, they have lived a life. Most have dealt with the loss of a loved one, had a friend or relative battle illness, or have simply gone through something so difficult that it had a profound effect on them. These human characteristics do not disappear once an individual becomes an attorney.

Attorneys who consistently work with traumatized clients may begin to show physical and mental symptoms of 18 Tulsa Lawyer

trauma although they did not experience the event firsthand.

Id. This phenomenon has been called several names, such as burnout, compassion fatigue, vicarious trauma, and so on. 3 For this article, it will be referred to as “secondary trauma.”

Secondary trauma is the effect from encountering another person’s distressing or disturbing experiences.

Id. For attorneys, this can happen on a daily basis through viewing and hearing graphic material such as photographs, documents, or testimony.4 Of course, reviewing such material is part of being in the profession. Attorneys have to know pertinent information about a case. Whether the case involves a heinous situation such as rape or a standard property dispute – every detail matters. After all, attorneys have to be able to effectively advocate for their client. But at what cost?

According to the Oklahoma Bar Association’s Lawyers Helping Lawyers Assistance Program, substance abuse continues to be the prevailing issue for Oklahoma attorneys year to year.5 This is no surprise given the literature around typical coping strategies for dealing with trauma. The legal profession, in particular, has a culture that promotes alcohol and substance use as a socially acceptable way to cope with work-related stress, perhaps better described as secondary trauma.6 This coping strategy is considered numbing or avoidance of the thoughts or feelings associated with the triggering event.

Trauma can manifest in a variety of ways.7 To put it simply, symptoms of trauma can be the same whether or not you actually experienced it or were exposed to it secondhand.

Trauma can leave a psychological wound that can affect an individual’s physical and mental health. This wound can lead to feelings of “fear, helplessness, horror, anger, rage, sleep disturbances, alterations in memory, irritability, difficulty concentrating, re-experiencing traumatic events, avoidance or numbing to avoid thoughts and feelings connected with traumatic events, detachment, and estrangement from others.” Id. Trauma directly impacts the most basic attorneyclient interactions such as interviewing, explaining case developments, counseling and advising clients.8 It can also affect a person’s development, thinking, processing, and communicating abilities.

Attorneys may view their clients who have experienced trauma as jumpy, confrontational, or emotionally

shut down. Id. at 198. When discussing important matters in their case, clients may have difficulty prioritizing, processing and retaining information. They frequently ‘normalize’ the traumatic event by not viewing it as important enough to disclose to the attorney. Id. at 199. On the other end of this spectrum, the client can be overcome with emotions and become inconsolable. Id. at 198. Clients’ stories are often long and confusing with gaps in recall. Id. at 199. This creates a challenge for building the attorney-client relationship.

Some of the impacts of trauma challenge the core of rapport in the that relationship. The client may “test” the attorney to see if they are trustworthy. Id. at 198. These and many other behaviors often cause attorneys to see these clients as difficult.

Clients, on the other hand, may view their attorneys as distant, cold, or overinvolved. Attorneys may employ avoidance of the client or any work related to a case as a coping strategy.9 As a client relays their story, the attorney may find themselves thinking “I know how this ends, I’ve heard it all before.” Attorneys might become more easily agitated, argumentative, or impatient. Id. They may feel on edge, have a heightened startle response or experience intense worry. They may find themselves struggling to focus or remember things. Their world view might start to shift as they experience the compounding impact of secondary trauma. Id. It is typical to start feeling as if the world is no longer a safe place. Attorneys may even start to lose sight of the meaning of their work. Id.

All of these reactions are normal responses to secondary trauma. As a profession, we need to acknowledge that these responses do not make us weak, they make us human. By accepting this, we can take action to prevent further damage to our profession, our clients, and ourselves.

1 Why Law Schools Are Failing Future Lawyers By Not Talking About Human Suffering, http://jeenacho.com/2017/06/04/why-law-schools-arefailing-future-lawyers-by-not-talking-about-human-suffering/

8

18 Yael Fishman, Secondary Trauma in the Legal Professions, a Clinical Perspective 108 (2008).

2

Christina Rainville, Understanding Secondary Trauma: A Guide for Lawyers Working with Child Victims 133 (2015), https://www. americanbar.org/content/dam/aba/administrative/child_law/clp/vol34/ sept15.authcheckdam.pdf.

3

Claire Chiamulera, Secondary Traumatic Stress in Juvenile Court: Are You Affected? (2016), https://www.americanbar.org/groups/child_ law/resources/child_law_practiceonline/child_law_practice/vol-33/ october-2014/establishing-a-trauma-informed-lawyer-client-relationship. html.

4

Here are some ways to help you begin to address trauma in your practice: 10 1.

Acknowledge signs of trauma in yourself and others.Before you label a client as challenging, reflect on why they may be acting in a certain way.

2.

Seek support when you identify signs of trauma.

When you aren’t sure what to do, you can call the Lawyers Helping Lawyers Hotline at 800-3647886.

3.

Start talking about it with colleagues to break down the stigma. By having someone to talk to, you decrease your vulnerability to the effects of secondary trauma.

4.

Take care of yourself by intentionally focusing on positive aspects of your work.Write down three positives at the end of your day, put them on your keyboard so you can see them the next day.

Talia Kraemer & Eliza Patten, Establishing a Trauma-Informed Lawyer-Client Relationship (2015), http://www.lsc-sf.org/wp-content/ uploads/2015/10/Article_Establishing-a-Trauma-Informed-LawyerClient-Relationship.pdf.

See, Hallie Neuman Love, Lawyers Are at Risk for Secondary Traumatic Stress 8-9 (2017), https://wvjlap.org/wp-content/uploads/2017/07/ SecondaryTrauma.pdf.

9

Claire Chiamulera, Secondary Traumatic Stress in Juvenile Court: Are You Affected? (2016), https://www.americanbar.org/groups/child_ law/resources/child_law_practiceonline/child_law_practice/vol-33/ october-2014/establishing-a-trauma-informed-lawyer-client-relationship. html.

10

Oklahoma Bar Association, Committee Annual Reports 95 (2016). http://www.okbar.org/Portals/13/PDF/Committees/2016--All%20 CommitteeAnnReports.pdf.

5

See, Dina Roth Port, Lawyers weigh In: Why is there a depression epidemic in the profession? ABA Journal (May 11th, 2018, 7:00 AM), http://www.abajournal.com/voice/article/lawyers_weigh_in_why_is_ there_a_depression_epidemic_in_the_profession.

6

18 Yael Fishman, Secondary Trauma in the Legal Professions, a Clinical Perspective 108 (2008).

7

April Merrill, Legal Aid attorney and Sarah Young, TU Law School student.

Tulsa Lawyer 19

Tulsa Lawyer relies on the contributions of the TCBA Members. If you would like to contribute or be a part of the Tulsa Lawyer please contact Michael Taubman, Editor at mptaubman@taubmanlawoffice.com

20 Tulsa Lawyer

Tulsa Lawyer 21

Tulsa Lawyers Encourage Others to Get Healthy with HMR Program

It’s no secret that the practice of law is stressful. In fact, practicing law made U.S. News & World Report’s 2017 list of the most stressful jobs. The detrimental impact of stress is well-documented – from stomach issues to heart attack and even death, stress takes a major toll on our minds and bodies. Combine the stress of the profession with a sedentary lifestyle comprised of hours sitting at a desk and the end result is often an unhealthy and even dangerous situation.

Tulsa lawyers Jim Milton and Tim Studebaker decided to take their health and wellness seriously, both participating in the HMR program at Oklahoma Heart Institute’s Weight Loss & Wellness Center.

Milton, a shareholder and director at Hall Estill, sought advice from colleagues after his weight loss had stalled. “I had lost 18 pounds on my own but was serious about losing the rest of my weight and needed a good structure and plan,” he explained. After comparing notes with peers, including Studebaker, he decided to begin HMR’s Decision Free plan “because I didn’t need to make any decisions about what to eat; I just ate HMR food.”

Health Management Resources (HMR) is a comprehensive weight-loss plan that incorporates HMR foods, high intensity lifestyle intervention and guidance from experienced coaches to help prepare people for a lifetime of healthier living. U.S. News & World Report has ranked the diet program as a Best Fast Weight Loss Diet for the past three years (20162018). The HMR program can be followed at home or through a formal program with in-person support.

Tulsa’s Oklahoma Heart Institute is one of the health care facilities selected to offer the HMR program to patients and consumers.

A type II diabetes diagnosis spurred Studebaker, a lawyer at Studebaker & Worley, PLLC, to pursue the HMR program. “In December 2016 I was referred to an endocrinologist at Oklahoma Heart Institute,” he said.

“He [Studebaker’s endocrinologist] said my biggest obstacle was my weight; at that time I was 340 lbs. This doctor told me that if I would lose 100 pounds I could probably get off of my diabetes medication. I tried to lose weight on my own and lost 20 pounds over the next three months.”

22 Tulsa Lawyer

After embarking on his own weight loss journey Studebaker learned of the HMR program, also selecting the Decision Free version, ultimately losing 83.5 lbs.

He added, “I feel better than I ever have and I continue to exercise every day. I can truly say this has changed my life for the better.”

Milton also lost a substantial amount of weight while also improving his overall health and wellness.

He said of the program, “In my view, HMR and my coach, Brook, saved my life. My medical issues were not serious, but they were starting to get my attention.

I was on a bad path. With the help of HMR and Brook, I have made a dramatic transformation and now have become a runner and fitness enthusiast.”

Brook Hinton, a health educator with the Oklahoma Heart Institute Weight Loss & Wellness Center, helped walk both Milton and Studebaker through their HMR journeys. “Both Tim and Jim were

Jim Milton

Making a Change Tim Studebaker motivated from day one after making the decision to be a participant in the HMR decision free program,” she said. “They both committed to the requirements of the program while going above and beyond when challenged to do so. Both men are amazing people, bringing joy to not only me, their coach, but to the other program participants as well.”

She adds, “They continue to be role models and are helping others improve their health and quality of life by referring them to the program. I am so proud of Tim and Jim and we are forever HMR family.”

“After losing around 50 pounds I began to have people ask me what I was doing to lose weight,” Studebaker explained. “I have referred several people to the program and many of them have joined and are experiencing great results. I have been focusing on maintaining my weight for around eight months and have stayed at my goal weight. I would highly recommend this program to anyone who is serious about getting healthy. I can truly say this has changed my life for the better.”

Hinton understands that hours spent at a desk can take their toll on our overall health. She offered the

following tips for maintaining health and fitness while working long hours: • Drink plenty of water • Stand or walk while talking on the phone and during lunch • Commit to taking a break from sitting every 3060 minutes • Invest in a gym membership/exercise equipment, dumbbells or large exercise ball to sit on at your desk • Take the stairs when possible • Invest in a pedometer or wearable fitness tracker to monitor your activity level • Get rid of all unhealthy food at your work station and avoid high calorie beverages For more information on the Weight Loss & Wellness Center at Oklahoma Heart Institute, and the HMR program, visit oklahomaheart.com/wlwc or call 918579-3444.

Submitted by Gina Hensley, APR Hillcrest Healthcare System

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Mike Turpen named to University of Tulsa College of Law Hall of Fame Michael C. Turpen, partner at Riggs Abney and former Oklahoma Attorney General, has been inducted into the prestigious TU College of Law Hall of Fame. This honor is bestowed annually to a small number of alumni and friends for their distinguished contributions to the legal profession and tireless support of the College of Law. The Hall of Fame is presented each spring at the TU Law Alumni Gala which will be on Saturday, May 12.

“The University of Tulsa holds a very special place in my heart,” said Turpen. “Anything, great or small, I’ve been blessed to accomplish in my career, all has its start at TU. I truly am grateful and humbled by the school’s recognition.”

Turpen is a TU graduate, earning a Bachelor of Science in History and a Juris Doctor degree. He served as Muskogee County District Attorney from 1977 to 1982, before being elected Attorney General for the state of Oklahoma in 1982. Since 1987, Mike has been a partner in the law firm of Riggs, Abney, Neal, Turpen, Orbison & Lewis in Oklahoma City, Oklahoma.

“Mike exemplifies everything we are looking for when inducting a member into the TU Law Hall of Fame,” said TU College of Law Alumni Association Board President Hugh Robert. “From furthering our profession to contributing to the community in a meaningful way, Turpen will have a lasting impact on our state for decades to come.”

Also being honored at the event is 1982 University of Tulsa College of Law graduate, Williams Stuart Price. The University of Tulsa is also home to the Price and Turpen Courtroom. For more information on the TU College of Law Hall of Fame event, visit https://law.utulsa.edu/gala or contact Elizabeth Burden at (918) 631-2462.

Submitted and photos provided by Schnake Turnbo Frank and Riggs Abney.

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

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

Example:June 1st deadline = July publication Tulsa Lawyer 25

Law Day Book Club, Session Two

A Book Review

By Martha Cordell

Orange is the New Black

By Piper Kerman

Do you recommend this book, and why?

I recommend Orange is the New Black because Piper Kerman transforms the reader’s opinion about her as a person, surprises the reader about the kindness of other humans in dire situations, and shows us how the prison system fails those who are condemn to it and who really shouldn’t be.

The book is educational in that Ms. Kerman exposes the senseless and inconsistent prison sentences for non-violent crimes, yet the book is emotionally charging as she shows us the glimpses of joy in the friendships she made. Her experience in prison, although described in very raw terms at times, was her life lesson. Prison is where she discovered, the hard way, what is really important in this world. She says, “I was eager to offer what I had, which was more than I had realized. Judging others held little appeal to me now, and when I did it, I regretted it. Best of all, I had found other women here in prison who could teach me how to be better.” (p. 242). Piper realized that these women, with whom she had nothing in common on a socio-economic level, transformed her life. As a result, the book takes a critical and refreshing shift from being about Piper to being about her inmates, a collective group of colorful characters who taught her the meaning of living a virtuous life.

If you could use one word or up to five words to describe this book, what words do you choose?

Absorbing, surprising, stoic and hopeful.

What lessons, if any, do you draw from this book in the context of Oklahoma’s high record of incarceration of women?

I can’t say that I draw a lesson about Oklahoma’s high record of incarceration of women, but I do see how the system is broken for non-violent offenders. There is so much potential for rehabilitation for this segment of our society and our society seems to construct every hurdle possible to keep these women down. How do you feel about the social and political dilemmas you identified in the book? Socially, these women need to be integrated back into society with all resources available. Unfortunately, there is much stigma to being a drug-offender felon. Until we can change the stigma of incarceration, then society will be slow to fully accept these women back into positions of trust. Political change

26 Tulsa Lawyer

is hard because of the reluctance of law makers to be bold in advocating alternatives to prison sentences for non-violent crimes. Only through education, books like Orange is the New Black, and Ms. Kerman’s work with non-profits and foundations, can we hope to see systematic change in public opinion.

How does this book support, or not, what the rule of law means to you?

I believe that rule of law should always be respected and followed until the law is changed or altered. Initially this book was disturbing to me because Piper seemed dismissive of the laws that she broke. However, as the book progressed, she realized how her laissez-faire attitude about her offense– her need for excitement – had negative repercussions for her, her family, and the inmates with whom she shared time. I think Ms. Kerman came to grips with accountability, and her work today is focused more on reform of the rule of law, rather than a lack of respect for it.

Thank you to all who joined us!

Attendees at the 2nd Session of the Law Day Book Club included: Leslie Brier, Lisa Deller, Tammy Ewing, Haly Drusen, Elizabeth Hocker, Elise Brennan, Mary Weddle, and Mary Coleman Woolslayer.

Mary Weddle and Mary Coleman Woolslayer are teachers who joined us, adding additional perspectives .

Tulsa Lawyer 27

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Grapevine News Best Lawyers Honors Titus Hillis Attorneys Titus Hillis Reynolds Love congratulates Kimberly Lambert Love who was recently recognized by The Best Lawyers in America as the 2018 “Lawyer of the Year” in the area of Employment Law – Management. This recognition is awarded to the attorney with the highest overall peer feedback for each specialty area and location. In addition, Barry G. Reynolds, R. Tom Hillis, Mary L. Lohrke have been named to the 2018 Best Lawyers list.

(Correction: The Grapevine notice for Kimberly Lambert Love printed in the June issue of Tulsa Lawyer was in error and had previousy appeared in a past issue two years ago. Our apologies to Ms. Love and Titus Hillis.)

Crowe & Dunlevy recently announced the appointment of attorney L. Mark Walker as chair of the firm’s Energy, Environment & Natural Resources Practice Group.

He will lead a team of more than 30 attorneys regarding energy and environmental matters, including litigation, transaction and contract services, representation before state and federal administrative agencies, environmental permitting, compliance and defense, labor and employment and tax and corporate management.

Walker graduated with special distinction with a bachelor’s degree from the University of Oklahoma in 1980 before going on to receive his law degree from the University of Oklahoma College of Law in 1983. Today, he focuses his practice in the areas of energy, natural resources and environmental law, which includes litigation in both federal and state courts, as well as practicing before the Oklahoma Water Resources Board, Oklahoma Department of Environmental Quality and Oklahoma Corporation Commission. He is listed by the Chambers USA publication as a leading individual in Energy and Natural Resources, in addition to his rankings in the Best Lawyers and Super Lawyers publications.*

Walker is the immediate past chair of the Oklahoma Bar Association Energy and Natural Resources Section and past president of the Mineral Lawyers Society of Oklahoma City. He is also a Fellow and former Regent in the American College of Environmental Lawyers. Walker serves on the

board of Trinity Legal Clinic of Oklahoma, which provides pro bono legal services in the greater metro area.

Hall Estill has announced that Pamela Goldberg has been elected a new member of the firm’s Executive Committee, and Samantha Davis, Kyle Freeman and Kent Gilliland have been elected as new members of the firm’s Board of Directors.

“All of these attorneys are talented and are longtime leaders in their law practices and communities,” said Mike Cooke, managing partner for Hall Estill. “They make excellent additions to the firm’s board of directors and executive committee at a time of growth for the firm, and we are proud of all their achievements.”

Goldberg, a resident of the Tulsa office, started at the firm in 1987 and practices primarily in the commercial transaction and commercial litigation areas. In the energy area, she has experience in oil and gas and alternative energy financing, ISDA and other energy trading contracts, service agreements and purchase and sale agreements. Goldberg graduated from the University of Tulsa College of Law.

Davis, who is located in the Tulsa office, concentrates her practice in the areas of estate planning, estate and trust administration, guardianship and taxation. Her practice also includes business organization and succession planning for family businesses. Davis graduated from the University of Tulsa College of Law and joined Hall Estill in 2012.

Freeman, a resident of the Tulsa office, joined the firm in 1998 and concentrates his practice in the corporate/ commercial area where he has led negotiations for the drafting of energy related agreements, multi-million-dollar software licensing, asset and equity acquisitions and numerous commercial leases. He graduated from the University of Tulsa College of Law with highest honors.

Gilliland, who is located in the Oklahoma City office, practices primarily in the banking and commercial finance areas, with emphasis on energy lending, real estate construction and permanent loans, government lending, and dealer floor plan financing. He graduated from Oklahoma City University School of Law with honors and joined the firm in 2001.

@tulsabar Tulsa Lawyer 29

Oliver S. Howard Remembered October 24, 1945 - May 21, 2018

It is with great sadness that GableGotwals announces Oliver S. Howard’s passing. As an advocate, leader, and friend, he embodied the very best of what it means to be a GableGotwals attorney. Given the impact he had on the firm and the lives of his colleagues, we wanted to share this testimony to the magnitude of

Dallas Ferguson

Doerner is deeply saddened by the recent loss of Dallas E. Ferguson on May 13, 2018. We are proud to have called him our Firm partner.

Dallas Ferguson exemplified strength and wisdom in his dedication to clients and practices throughout his legal careers.

Dallas was born on December 20, 1945. He graduated from Cornell College, majoring in English and received his Juris Doctorate. from Columbia University School of Law in 1971. Upon graduation from law school, Dallas served as law clerk for the Honorable A. P. Murrah, Senior Judge of the U. S. Court of Appeals for the Tenth Circuit. Dallas started practicing with Doerner in the 1970's and has focused on commercial litigation matters where he represented both plaintiffs and defendants. His law practice also included counseling lenders and servicers in commercial real estate mortgage foreclosures and loan transactions involving properties such as large apartment complexes, office buildings and shopping centers. Dallas was one of a team of lawyers that represented Cities Service Co. and received the largest monetary jury verdict in Oklahoma state court history in Cities Service Co. v. Gulf Oil Corp., 1999 OK 14, 980 P.2d 116.

In his spare time, Dallas was a loyal board member in the Tulsa community for several organizations, including the Directors of Legal Aid Services of Oklahoma, the Directors and Leadership Council for the Oklahoma Chapter of the National Multiple Sclerosis Society and the Tulsa Philharmonic Society.

He is survived by his life partner Sharon Smith, his children Brent Ferguson, Scott Ferguson and Erin Ferguson, his sister Lou Ann Jones and his brother Phillip Ferguson.

30 Tulsa Lawyer

Oliver’s legacy.

Few Oklahoma attorneys have been as well-known, well-accomplished, and well-liked as Oliver S. Howard. For almost 40 years, Oliver had a thriving corporate litigation practice at GableGotwals here in Tulsa. His practice focused primarily on complex commercial issues, including oil and gas, environmental, contractual, employment, intellectual property, merger and acquisitions, and securities issues. Although centered in Oklahoma, Oliver’s practice was nationwide in scope. He represented clients in Texas, Arkansas, Arizona, New Jersey, Michigan, New York, Pennsylvania, Utah, New Mexico, and California. In all, he appeared pro hac vice in over twenty states.

Oliver’s accomplishments in the courtroom were legendary. He once led a trial team that obtained a record $742 million judgment in Oklahoma state court—the single largest in Oklahoma history. He later set the same record in Arkansas, securing a record $109 million jury verdict and, in another case, obtained a mandatory injunction requiring the transfer of oil and gas properties valued at over $1 billion. All three cases were affirmed on appeal.

Throughout his career, Oliver received many of the profession’s highest honors. He was inducted as a Fellow and Lifetime Member of the American College of Trial Lawyers, a Fellow of the International Academy of Trial Lawyers, and an American Bar Foundation Lifetime Fellow. He was among the earliest appointed adjunct settlement judges in the Northern District of Oklahoma and served in that capacity for over ten years. He was admitted to practice before the United States Supreme Court, the Tenth Circuit Court of Appeals, the United States Tax Court, and all state and federal courts in Oklahoma.

During his career with GableGotwals, Oliver was not only a leader in the courtroom but also the board room.

He served many years as a board member, firm president, and CEO/Chairman of the firm’s Board of Directors. Oliver also served as a mentor to numerous attorneys within the firm.

But despite his many accomplishments as an attorney, law was actually Oliver’s second career. His first was as a clergyman. He delivered his first sermon at age 12 at the Church of Christ in his hometown of Holdenville. At age 15, he was in the pulpit nearly every Sunday and, by age 16, was preaching at several churches throughout southeast Oklahoma.

He attended Oklahoma Christian College in Oklahoma City, graduating summa cum laude in 1967 and from there went on to get his masters at Abilene Christian College in 1970. In

JAMES (JIM) H. HESLET 1978, Oliver received his Ph.D. from Hebrew Union College in Cincinnati, Ohio, where he was an interfaith scholar. Shortly thereafter, Oliver made his transition to the practice of law, earning his Juris Doctorate from the University of Cincinnati, where he graduated first in his class. Throughout his life, Oliver continued to lecture on biblical topics in various venues and served for several years on the board of the Phillips Theological Seminary. He was also involved in a variety of community organizations including Oklahoma Center for Community and Justice.

While Oliver will no doubt be remembered for his distinguished legal career, for us, he was first, and foremost, a friend. Oliver meant the world to this firm. Words cannot express just how important Oliver was to the GableGotwals family or how admired he was by his friends and colleagues.

He will be sincerely missed.

A Grave Side Service was held honoring JIM HESLET, Monday May 20th at 11:00 in the Garden of the Good Shepard at Floral Haven Jim passed away May16, 2018. Growing up in Tulsa, he loved to visit his parents Marie and Dale Heslet at DALE'S ORANGE in UticaSquare. Graduated Texas Christian University in 1964, then Law School at the University of Tulsa. After Law School he worked in the Tulsa County District Attorneys office before going into private practice. Later he became a small Oil/Gas Operator in OsageCounty. Jim loved it all.

Tulsa Lawyer Cover Photo Contest Not a writer but love the lens?

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The deadline is always the first of the month prior to the month of publication.

Example: August 1st to be considered for the September issue.

Send to tulsabarnews@yahoo.com Each winner will be awarded a $25.00 gift card!

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