2
A Message from
Christina Vaughn
August 2018
2017-2018 TCBA President
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Annual Meeting
&Awards Banquet Thursday, August 23rd, 2018 New Venue!!
Doubletree Hotel -Downtown
Reservations due Tuesday, August 21st by 5:00 PM
See pg. 6 for details!
In this Issue TULSA LAWYER
Meet the TCBA Staff
2
4
Law Day Book Club Wrap Up
8
Time for Membership Renewal
7
Welcome Home Project
8 Age Diversity in the Workplace Stefan Mecke 16 A Book Review By Bill Kellough Billy Budd, Foretopman - Herman Melville 18
When May an Employer Send an Employee for a Psychiatric Evaluation? By Kimberly Lambert Love and J. Miles McFadden
22 Paralegal Section - End of Year Review Beth Nellis, Chair 24 Honesty is the First Duty of a Lawyer By the late Frederick K. Slicker (1943-2016) 27 Grapevine 31 In Memory of... 32 Classifieds
Cover photo "Downtown" ©pierharper/Adobe Stock
Did You Know? August’s flower is the gladiolus, also known as the sword lily, which represents integrity.
Tulsa Lawyer 1
A Message from the President
Christina M. Vaughn
Introducing Your TCBA Staff!
Tammi Sinclair, who many of you have met, started working in the office in April. She hit the ground running and was immediately able to provide support for meetings, the Golf Tournament, Lawyer Referral Service, and most other needs members or the public have had regarding the TCBA. Prior to joining the
Tami Hensler Williams joined the TCBA the second week of July. As Membership Director, her timing could not have been better. She knows how to manage membership processes and is quickly taking ownership of our membership renewal preparations. Tami loves working with people and has strong technical
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Tami Hensler Williams
Last month I had the distinct pleasure of announcing the hiring of TCBA’s new Executive Director, Greg Gordon. I follow last month’s announcement with more good news: the TCBA is once again running with a full staff. I would like to take this opportunity to introduce our Front Desk Coordinator, Tammi Sinclair and our Membership Director, Tami Hensler Williams.
TCBA, Tammi was most recently employed with the University of Tulsa Athletic Department working for the Athletic Director and supporting the coaching staff. Before working for TU, Tammi worked for several years at a local law firm. Having worked for twelve years supporting coaches, staff and students, Tammi knows how to thrive in a fast paced, high energy environment. And, of course, Tammi’s law firm experience makes her an even more perfect fit for the TCBA.
Tammi Sinclair
Greetings TCBA Members,
and leadership skills. She served as Director of the Tulsa Press Club prior to her work at INCOG. At the Press Club, Tami was instrumental in many key efforts to revitalize membership. Tami (or T.W., a nickname we are trying out) is high energy, just like Tammi S., and is looking forward to getting to know everyone and building out programs to better meet your needs.
The Annual meeting will take place on August 23 at the Doubletree Hotel Downtown. Please note that this is a change of venue as we have, for the past several years, held this event at an alternate downtown hotel. Doors will open at 11:30. Lunch and the program will begin at noon. Please contact Tammi Sinclair to reserve a table or seats. All of the TCBA staff are here to assist TCBA I hope to see you all there. members and are trained to address your concerns. However, going forward, should you have questions Sincerely, about your membership, CLE, or how get plugged into Sections and Committees, feel free to call or email Tami Christina M. Vaughn Williams at tamiw@tulsabar.com. If you need help with TCBA President, 2017-2018 Lawyer Referral Service, OR Card, Courthouse Security Badge, meetings and events or general questions, you are encouraged to call or email Tammi Sinclair at tammis@tulsabar.com. Those of you who are fairly familiar with TCBA operations may be wondering about the bookkeeper position. The TCBA Executive Committee has determined that employing a full-time bookkeeper is not necessary to the efficient operations of the TCBA. This decision was made following thorough research on this issue and a presentation of options by the Executive Director to the Executive Committee. As a result, we have engaged a part-time bookkeeper on contract who will provide all necessary bookkeeping services to the TCBA at a substantial savings over the cost of a fulltime employee. Of course, the Executive Director, Executive Committee and Board of Directors will monitor this new arrangement to ensure that it is indeed the most effective and efficient method for addressing the TCBA’s bookkeeping needs and will make changes if needed. I, the Executive Committee, and the Board of Directors could not be more pleased with both the new staffing structure, as well as, and perhaps more importantly, the individuals who comprise the TCBA team. I hope many of you will have an opportunity to meet all of the staff at the upcoming TCBA Annual Meeting.
Tammi & Tami! Tulsa Lawyer 3
2018 Law Day Book Club Wraps Up Session three of the Law Day Book Club was led by Bill Kellough at the Bar Center on June 12, 2018, to complete this new Law Day event.
Judge Martha Rupp Carter, 2018 Law Week Chair
The group, comprised of Janine Vanvalkenburgh, Lucy Kroblin, Judge Martha Rupp Carter, Lisa Deller, Emily Duensing, and Haley Drusen along with Mr. Kellough, discussed Billy Budd, Foretopman by Herman Melville. Discussion of the tragedy and innocence of Billy Budd who is impressed from a shipping vessel ironically named “Rights of Man” to serve the British navy in the Napoleonic wars created a plethora of questions. Was there only one villain in a piece, or, perhaps some lesser villains who could have acted, declined to act, or acted wrongly? What motivated this “drum head” court and was it even the appropriate court at all? Was due process achieved by the efforts of Captain Vere who investigated, prosecuted, defended, and drove decision making as well? Can, or should, the rule of law be served in wartime? The skillfully led discussion ended with more questions than answers and accordingly was successful in all regards. Read the book review on page 16 of this isssue of Tulsa Lawyer.
You can be a part of Law Week! Contact the TCBA or sign up on your TCBA Membership Renewal Notice. Contribute your ideas to make Law Week successful and interactive.
2018-2019 TCBA ELECTION UPDATE ABA Delegate:
Molly Aspan and Matt Farris received the most votes for the ABA Delegate position but neither received more than the required number of votes to be elected. A run-off was conducted by electronic ballot.
Molly Aspan was elected ABA Delegate in the run-off. Elections are now complete. Thank you for your participation in electing those who will help to lead the Association!
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AGE DIVERSITY IN THE WORKPLACE By Stefan Mecke
IN CHASE OF DREAMS AND FAMILY DINING My f a m i l y spent most of our Summer weekends on the road traveling to remote locations to chase our son’s hoop dreams. We were often fortunate to have a team-mate traveling with us on these trips which tended to involve a great deal of down time on the road. While most of this down time was consumed by electronics and noise cancelling headsets, my wife and I decided to try to work in some new experiences, memories, and even mentoring for the boys. We first started researching restaurants that were off the path from the navigator’s guidance and journeyed into the fringes in search of new eateries. Some of the more memorable finds in the outskirts of Oklahoma were (i) Pops in Arcadia on Route 66, (ii) Roseanna’s Italian Food in Krebs (Oklahoma’s Little Italy) and (iii) Sherrer’s Diner in Durant.
iPhones, which did not hit the scene until 2006). I further pontificated about dropping quarters into large free standing machines in places called arcades, often located at shopping malls just like the one we were walking into. Headsets started going back on heads when I started in on the lawn-mowing and newspaper delivery jobs that I worked to feed that arcade habit, so they missed the part about the Twinkies and Mountain Dews that were always on hand at my favorite arcade for a quarter a piece.
RELIVING THE GLORY DAYS I excitedly escorted our group through the mall doors only to be greeted with a raucous laughter. The mall was dead. The doors were shuttered and storefronts covered with paper. A few mall-walkers passed by at a brisk pace as I wondered if my run of successfully picking eating establishments had come to an end. I decided to go all in by marching our group through the vacant mall to its center, in hopes of a mall food court miracle. Sadly, the food court was disappointing. What had clearly been an epically grand food court in its day now featured vast amounts of open seating, a lone Pita Place and an American Cookie Company. I conceded to my failure and suggested we look elsewhere and outside the mall for a meal.
Feeling emboldened after several successful restaurant finds and many miles on the road behind us, I became a little nostalgic when a shopping mall popped up on google maps just off the highway in the heart of Plano, Texas. We quickly took the next exit after confirming that the boys were once again hungry and open to a mall food court experience and a little walking around. As we pulled up to the parking lot I was a little surprised to see it mostly vacant. Undaunted, we parked in the front row and sauntered with our group into the mall. I jumped right into education mode much like a seasoned history teacher, sharing tales of mall life and what it was like growing up in the 80s. I explained to the young men that back in the Fortunately, the group agreed to join me in a few “19s” (life prior to the year 2000) we didn’t have circles of the mall to stretch our legs after the long drive. I-phones and other electronics on hand everywhere we I wondered what had happened to the mall. The mall went (they were surprised to learn we grew up without 8 Tulsa Lawyer
had likely been a socially significant place for many like my wife and I who had grown up in the 80s. One of the boys looked up from his iPhone and matter-of-factly read the following explanation from his screen (while we continued walking): “Built in 1981, Collin Creek Mall has lost shoppers to newer retail centers and digital retail outlets including Amazon. The mall has more than $55 million in delinquent debt and has been in the hands of lenders. Ironically, just until recently, a developer was pitching the site to be considered for Amazon’s second headquarters but backed out stating that the negotiations (involving multiple sellers) involved an amazing puzzle of pricing, egos, emotions, reporting, and livelihoods.” As I contemplated the impact of online shopping on retailers in general, I saw an old familiar friend. Instinctively, I started walking toward a screen featuring a small and simple triangular ship flying through space. I had just walked into an “old-school 80s style arcade” that seemingly had not changed over the decades. As fate would have it, someone had left a quarter in the machine (or so I had thought). I explained to the boys that it was rare to find a quarter that had been left behind in an arcade game such as Asteroids, but in the event that were to happen, ones only option was to play the “free” game. A short time after magically zapping Asteroids I looked up to notice the boys playing some of the other games on-hand like Pac-Man and Space Invaders. It had been a long time since any of us had carried actual quarters around so I wasn’t surprised when the Gaming Experience Manager walked up and explained the games were all on free play and could be rented by the hour. He further explained that people didn’t really walk around with quarters any more. Interestingly, he also added that the younger kids usually played the antiquated arcade games for a few minutes but would typically get bored and migrate to the back of the store where they had the newer games like X-Box and Nintendo. The old games as it turned out were short lived and ended with an abrupt “Game Over” which had a tendency to frustrate modern gamers used to multiple levels and unlimited access to coins and rewards.
MULTIPLE GENERATIONS IN THE WORKPLACE This unexpected and historically epic arcade experience was being lived for the first time by my Generation Z (aged < 21) entourage. They were adjusting just fine to the arcade, but as a Dad, I wondered what the workplace might be like for these young men when they join our organizations. Many of my clients have four generations in their workplaces, and many with retail, food and service type business models have five generations working side-by-side together. There are many studies that characterize each of these distinct generational groups that differ based on life events and cultural experiences unique to each group. While the conclusions of these studies vary regarding the ages in and driving forces of each generational group, and certainly could incorrectly stereotype particular individuals, they provide interesting insight into certain values, preferences and motivations associated with each group. Awareness of the attributes like those listed below can give us perspective and perhaps influence how we engage individuals in each of these generational groups (whether at our workplaces or in our personal lives).
continued on page 10
GENERATIONAL GENETIC CODES Traditionalists - The Silent Generation (72-90) • Grew up during the Great Depression and under the sacrifices of WWII • Value frugality, sacrifice, rules and formal/ face-to-face communications • Tend to prefer loyalty, efficiency, and working long hours Baby Boomers – The “Me To” Generation (55-71) • Grew up marching against the establishment to protect equal/civil rights and chasing dreams when the economy turned around • Value knowledge, competitiveness and resourcefulness • Tend to be workaholics and closely identify with their professions Generation X – The Latchkey Kid Generation (35-54) • Grew up while parents were at work and marriages, family, corporate America and the economy tanked around them • Value new experiences and skills development and opportunities for ongoing training • Tend to be good communicators with a focus on independence, fewer rules and balancing work/family Generation Y – The Millennials (22-34) •
Grew up with computers/internet/cell phones at home with “helicopter” parents that encouraged participation over accomplishments (everyone got a trophy)
Generation Z – Have Yet to Define Themselves as a Generation (Under 21) • Grew up in a completely wireless world with I-phones • Value hard work, innovation and giving back to society • Tend to communicate best by smartphone/ e-mail and cultivate large social networks
LEGAL RAMIFICATIONS OF GENERATIONAL BREAKDOWNS IN THE WORKPLACE Many employers are struggling with efforts to improve performance through increased engagement within each generational group but also encouragement of synergies among each of the generations as they work together to develop and accomplish organizational goals and objectives. Failure to engage each unique generation of workers can lead to a less efficient workforce and negative organizational impacts such as low financial performance, poor employee and customer/client experiences, organizational instability, and ultimately, employee and customer/client flight to other organizations that have successfully integrated the five generations in the workplace. When I speak with employment and industry groups I am often asked about the legal implications of age disharmony in the workplace. Typically, this discussion is quietly introduced by a Millennial participant sitting in the back of the room (scanning an iPhone or tablet) and unassumingly listening and retaining every point I make. The question is usually something like this: “Can a younger worker sue her boss or the company if they are treating her unfairly or excluding her from meetings/opportunities… due to her age”? I usually ask for more at that point and typically receive a response like this:
“you know, like making fun of younger Value social and positive/friendly work workers because of our age and saying environments where they can participate in negative things about us”. meaningful work, make a difference and receive recognition (sooner rather than later) The participants are often surprised to hear my response that the EEOC and most federal courts take the • Tend to be technically savvy and prefer connecting virtually through technology over a position that age discrimination does not run both ways, or put another way, that there is not the same level of “butts in seats” mentality protections for younger workers as there are for workers specifically over the age of 40. •
6 Tulsa TulsaLawyer Lawyer 10
continued on page 12
Similarly, at our State level, the Oklahoma AntiDiscrimination Act defines “age discrimination in employment” as “discrimination in employment of persons who are at least forty (40) years of age.” (OK Stat. Tit. 25 Sec. 1301 et seq.).
iPHONES, THE RELATIVELY YOUNG AND REVERSE AGE DISCRIMINATION In 2007, about the time iPhones were beginning to roll into the marketplace and forever change our society (and create a new social anxiety condition that this Author suffers from … referred to in medical circles as “phantom vibration syndrome” and “ringxiety”), the EEOC amended its interpretation of the ADEA and clarified that that it is unlawful for an employer to discriminate against an individual in any aspect of employment because that individual is 40 years old or older. As many readers already know, the original language in the ADEA made it unlawful for an employer to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s age. Despite this ambiguous language, under the circumstances that led to the passage of the ADEA, there was little concern about younger workers suffering at the expense of older workers and Congress clearly adopted the ADEA to alleviate challenges specifically faced by older workers
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Tulsa Lawyer
with rising productivity and affluence that could find themselves disadvantaged in their efforts to retain employment, and regain employment after displacement (www.eeoc.gov/laws/statutes/adea.cfm). The purpose of the EEOC’s 2007 amendments was to harmonize EEOC regulations with the US Supreme Court’s decision in General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004). In Cline, the US Supreme Court resolved a split among the circuit courts by holding that the ADEA only prohibits employment discrimination based on an age over 40, not all age-based employment decisions. The US Supreme Court held that the ADEA was not intended to protect relatively younger workers from age-based discrimination and concluded the following in a 6-3 opinion: “[The ADEA’s] text, structure, purpose, history, and relationship to other federal statues show that the statute does not mean to stop an employer from favoring an older employee over a younger one…The ADEA is a remedy for unfair preference based on relative youth, leaving complaints of the relatively young outside the statutory concern.” (General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004)).
In today’s society, some may question whether the age of 40 is the right threshold for enforcement of age discrimination claims. After all, our populations are living and working longer. Despite this debate, the Congressional intent behind the ADEA was clearly focused on older workers and avoiding the chilling effect on commerce a practice of age discrimination directed at older workers could have. These concerns seem to have been justified based on recent discriminatory actions against older workers at popular restaurant chains. In March, 2017 the EEOC took on the Texas Roadhouse restaurant chain when it did not hire workers over age 40 for front of the house positions such as bartenders, servers and hosting staff. Texas Roadhouse settled with the EEOC for $12 Million and agreed to create a new Diversity Director position and increase recruiting of workers over 40 for front of the house positions. Interestingly, Texas Roadhouse unsuccessfully argued the hiring decisions were based more on appearance rather than age. EEOC v. Texas Roadhouse, Inc. (D. Mass. FY 2017). In May, 2018 the EEOC took on another restaurant chain and entered into a $2.85 Million class age discrimination settlement with Seasons 52 (a Darden family restaurant) after the chain had denied older workers front of the house and back of the house positions at 35 restaurants throughout the US (www.eeoc.gov).
WE NEED MORE GREY HAIR IN THE ROOM
Some readers may be wondering what became of our group after leaving the Collin Creek Mall without finding suitable eateries at the vacant food court. A few miles down the highway we happened upon a Texas Roadhouse and it took little convincing to coerce our student athletes into the popular steak restaurant. A little over a year after the $12 Million EEOC settlement, the front of the house certainly seemed to favor the youthful. After glancing around I noticed a tall energetic waiter beaming around the floor and coaching the younger staff. This particular waiter stood out due to his striking grey hair. I watched him work circles around the other staff for a few hours and was impressed with the unique level of communication and interaction he exhibited with his customers. I left the restaurant concluding
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that the Diversity Director imposed on the chain by the EEOC had made a positive difference and that the service (and the “soft skills” age diversity likely brought to the table) was better that afternoon than it might have been otherwise. The Texas Roadhouse experience reminded me of a learning moment from my early corporate days. I was placed on a team with several other 20-somethings fresh out of college that was tasked with traveling the US to meet with key customers to develop a new product, including negotiations regarding (i) product designs/features and (ii) contractual terms such as technical requirements and delivery milestones. The team quickly jumped on a plane to make deals happen without stopping to consider the impact a team of 20-somethings could have on the corporate customers we were to meet with. We simply did not know what we did not know. After a few meetings we got called into a senior leader’s office and were told we were doing a great job but needed to “get some gray hair in the room” the next time we visited customers. Some of our customers had voiced concerns over the lack of age diversity in our group and wanted to see more experienced team members on future visits. Our leader correctly surmised that some customers might also take us more seriously with more experience in the room. We added a software developer to our team that had long flowing locks of grey-to-white hair and went back out on the road to launch our new product with more experience, lessons learned and some grey hair.
Stefan Mecke, TCBA Employment Section, Co-chair
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ABBREVIATED PUBLIC NOTICE FOR REAPPOINTMENT OF INCUMBENT MAGISTRATE JUDGE The current term of office for United States Magistrate Judge Frank H. McCarthy at Tulsa, Oklahoma, is due to expire on April 9, 2019. The United States District Court is required by law to establish a panel of citizens to consider the reappointment of the magistrate judge to a new eight-year term. A full public notice for the magistrate judge position is posted in the office of the clerk of the district court at the Page Belcher Federal Courthouse, 333 West 4 Street, Room 411, Tulsa, Oklahoma 74103. The notice is also available on the courtâ&#x20AC;&#x2122;s website at www.oknd.uscourts.gov. th
Comments from members of the bar and the public are invited as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the court and should be directed to: Merit Selection Panel c/o US District Court Clerk Page Belcher Federal Courthouse 333 West 4 Street, Room 411 Tulsa, Oklahoma 74103 th
Comments must be received by September 30, 2018.
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Tulsa Lawyer
Law Day Book Club, Session Three
A Book Review
By Bill Kellough
Billy Budd, Foretopman By Herman Melville (written 1888, first published 1924, London: Constable & Co.) Melville, the moralist, spins a tale which is frought with ambiguity but the basic narrative is simple. Billy Budd, an impressed British seaman, with a saintly demeanor and a bit of a stutter, lashes out at Claggart, the Master at Arms on HMS Indomitable. Billy instinctively reacts to Claggart’s accusation that he is conspiring to mutiny. It is obvious that Billy would be intellectually and emotionally incapable of conspiring to do much of anything. Claggart’s motive for this patently false accusation is not clear. Melville tells us that his salient feature is a “natural depravity”, or “rabies of the heart”. Today, we would call him a sociopath. Billy’s purity and popularity with his fellow seamen must have gnawed on Claggart’s feral mind leading him to the malicious accusation which Billy could neither understand nor respond to with words or logic.
The blow that kills Claggart is struck in the presence of the Indomitable’s Captain Vere who becomes the sole investigator, interrogator, witness, prosecutor, defense counsel and judge in the “drumhead” court martial which quickly ensues. Due process of law, as limited as it was in British admiralty cases at that time, is all but emasculated on the Indomitable. The trial of Billy takes only a few moments. Vere describes the act and then virtually instructs the jury to convict. He does lay out Billy’s defense but his arguments are only straw men, quickly knocked down. We can see his mind working through the options. Ambivalence nearly takes control; but Vere’s emotion is finally overcome by the hard logic of the case. He knows that Claggart was “struck dead by an angel of God but the angel must hang.”
The last novel written by Herman Melville is the short but powerful story of the conflict between law, order, judgment and punishment on the one side and compassion and justice on the other. This is an archetypal dilemma known to all lawyers and those who care about applied morality. Melville’s Billy is a pure, innocent and utterly naïve sailor whose act of instinctive aggression undoes him. The compelling need for order on the high seas in time of war gives sharp focus on action and reaction. Cause and effect is reduced to the simplest equation. Gross disobedience against authority must be punished with extreme measures. There is no In arguing, at least pro forma, on Billy’s behalf room for ambiguity except that which is inherent in the Melville shows that Vere did indeed question his own human heart as uncovered by a master story teller. judgment.. Why not convict but mitigate the penalty? What about the obvious lack of criminal intent?
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Shouldn’t Claggart’s malicious provocation be taken into account? Drawing on his own experience at sea and an innate yearning for order, Melville seems to approve of the ultimate punishment. He recognizes the injustice in the execution of Billy but does not condemn or even criticize the decision Vere had to make. Billy must die for the sake of the crew. Showing mercy is unthinkable. “They would think that we flinch, that we are afraid of them”
onward to the heartbreaking conclusion. His depiction of the three major players and a handful of supporting cast are as good as American literature has produced.
Reflecting on the role of punishment in today’s criminal justice system, whether on the high seas or dry land, Billy Budd gives us food for thought. To what extent do we still punish the accused so that observers will not think that we “flinch”, that we are afraid of “them”? Is there still today a solid basis for these Melville is never straitforward. His writing style, sentiments for those who must sentence convicted as anyone knows who has attempted to slog through criminals? Perhaps… but Melville and we should Moby Dick, is at times excruciatingly opaque even surely ask: are they still relevant? by Nineteenth Century standards. He likes to leave the narrative to wander into irrelevant areas as if the main story is never enough. Fortunately for the reader, since this is a short tale, a novella, he does not have the luxury of wandering too far off track. But Melville’s power as a story teller is never in doubt. We are swept
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Tulsa Lawyer 17
When May an Employer Send an Employee for a Psychiatric Evaluation? The EEOC’s Guidance under the ADA and Maintaining a Safe Workplace
By Kimberly Lambert Love and J. Miles McFadden News reports of incidents of instability and violence in the workplace seem to be occurring with greater frequency. Indeed, nearly 2 million American workers per year report having been a victim of violence at work.1 Some of these workplace violence incidents may be attributable to employees facing significant psychological challenges. Employers, managers, and co-workers are often in a good position to first observe changes in an individual’s behavior and see the early signs of an employee’s psychological issues. When psychological issues are observed, one basic question an employer might have is whether the employer can require an employee to undergo a psychological evaluation to determine whether the employee poses a risk to the employee or others. The Americans with Disabilities Act, as amended (“ADA”), imposes limits
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on an employer’s right to require an employee to undergo a medical examination during employment.2 In balancing an employer’s interest in maintaining a safe workplace with an employee’s rights under the ADA, the Equal Employment Opportunity Commission’s (“EEOC”) Enforcement Guidance assists employers in understanding the scope of permissible employee medical and psychological examinations. 3 The general principle for employers covered by the ADA is that employers “shall not require a medical examination and shall not make inquiries of an employee . . . unless such examination or inquiry is shown to be job-related and consistent with business necessity.” In order for a medical examination to meet this twopronged test of being “job-related” and “consistent with
consider when determining whether the source of the information is credible: (1) the relationship of the person providing the information to the employee about whom it is being provided; (2) the seriousness of the medical condition at issue; (3) the possible motivation of the person providing the information; (4) how the person learned the information (e.g., directly from the employee For employees who exhibit potential psychological whose medical condition is in question or from someone issues that may truly jeopardize workplace safety, the else); and (5) other evidence that the employer has that “direct threat” analysis is implicated. Under the ADA bears on the reliability of the information provided.7 regulations, a “direct threat” is defined as “a significant risk of substantial harm to the health and safety of Ultimately, the determination of whether a the individual or others that cannot be eliminated or psychological evaluation is permissible turns on reduced by reasonable accommodation.” 5 The EEOC whether the employer has a reasonable belief that the Enforcement Guidance states that the “job-related” employee poses a direct threat. This is a fact intensive and “consistent with business necessity” requirements and case specific analysis, and it is not always an easy or are met when an employer has observed symptoms quick decision to conclude that an employee should be indicating that an employee may have a condition which required to submit to a psychological evaluation. The direct threat exception offers a limited means by which will pose a direct threat.6 employers can require that an employee be evaluated The wide array of situations in which a “direct by a mental health provider. However, employers must threat” could be perceived demonstrates the difficulty be cautious to limit psychological evaluations to those employers face in finding a balance between the ADA’s employees whom the employer has a reasonable belief employee protections and the employer’s legitimate will pose a direct threat to the employee or others in concern in maintaining a safe workplace. For instance, the workplace. In these limited situations where an can an employer send an employee for a psychiatric exam employer is able to satisfy itself that a psychological based in whole or in part on information from third parties evaluation is justified, the EEOC guidance permits such such as co-workers? Yes, as long as the information is an evaluation, recognizing the employer’s legitimate reliable and the employer has a reasonable belief that the interest in maintaining a safe workplace. employee poses a direct threat. The EEOC Enforcement Guidance provides employers with multiple factors to Kimberly Lambert Love is a Partner with business necessity,” the EEOC’s Enforcement Guidance states that employers should have “a reasonable belief, based on objective evidence, that: (1) an employee’s ability to perform essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat due to a medical condition.” 4
Lisa Rabasca Roepe, How to Prepare Your Workforce for Violent Incidents, Soc’y for Human Res. Mgmt. (Feb. 15, 2018), https://www.shrm.org/hr-today/news/hrmagazine/0318/pages/how-to-prepare-your-workforce-for-violent-incidents.aspx.
1
The ADA applies to employers with fifteen (15) or more employees. 42 U.S.C. § 12111(5)(A). The Oklahoma Anti-Discrimination Act applies to employers of all sizes in Oklahoma and similarly protects employees from discrimination on the basis of disability. 25 O.S. § 1302(A).
2
See EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA), July 27, 2000, at Job-Related and Consistent with Business Necessity (A)(5), https://www. eeoc.gov/policy/docs/guidance-inquiries.html#5.
3
4
42 U.S.C. § 12112(d)(4)(A) (emphasis added).
5
29 C.F.R. 1630.2(r).
6
See EEOC Enforcement Guidance, supra note 4.
See EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA), July 27, 2000, at Job-Related and Consistent with Business Necessity (A)(6), https://www. eeoc.gov/policy/docs/guidance-inquiries.html#5.
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Titus Hillis Reynolds & Love. With over thirty years of experience, Ms. Love practices in all areas of employment law. She is the past chairperson of the labor and employment section of the OBA, has been repeatedly selected for inclusion in The Best Lawyers in America and named to Oklahoma Magazine’s list of Top 25 Women Super Lawyers. In 2018, Ms. Love was recognized by the Best Lawyers in America as the “Lawyer of the Year” in the area of Employment Law-Management. J. Miles McFadden is an associate attorney with Titus Hillis Reynolds & Love, primarily practicing in civil litigation, including employment law. He received his bachelor’s degree summa cum laude from the University of Oklahoma in 2007 and graduated from the University of Oklahoma College of Law in 2010, with honors. Tulsa Lawyer 19
TCBA PARALEGAL DIVISION 2017-2018 Serving as Chair of the TCBA Paralegal Division this past year has been challenging but rewarding. Although the official roster contained thirty-six members, it was often difficult for that many people to attend the monthly lunch meetings. The new Paralegal Division officers are considering offering a varied meeting schedule so more members can take advantage of free CLE and others events during the 2018-2019 membership year. There were numerous free CLE activities this past year beginning with the first of a two-part series "Limited Scope" presented on October 12, 2017 by Darla Jackson, Advisor, OBA Practice Management. Schedule permitting, Ms. Jackson may return for the second portion of her presentation concentrating on the use of technology in Limited Practice. On January 4, 2018, Courtney Najera, Cornell Law Firm, presented "Adopting the Indian Child" and the last CLE of the year was held at the April 5, 2018 meeting when Marvin Lizama presented "Chasing the Dream--DACA". Additionally, Copy-Scan & More provided a "Lunch & Learn" presentation at the March 1, 2018 meeting.
All these accomplishments were possible because of dedicated officers and committed volunteers: Rhonda Ford, ACP, Vice-Chair, Lorena Wensauer, ACP, Secretary/Education Chair, Gloria Jones, ACP, OBA Annual Meeting Chair, Deanna Morgan, Christmas Project Chair, and Debbie Woodruff, ACP,ALA Legal Expo Chair, Debbie Overstreet, ACP, and Debra Baker, ACP, Past PD Chair. All of these members and many others were quite generous with their time and talents this past year and the TCBA Paralegal Division presented its first "Distinguished Service Award" to Gloria Jones, ACP. It has been a privilege to Chair the 2017-2018 TCBA Paralegal Division. I have really appreciated the support, advice and guidance of the officers, committee chairs and members. The newly elected officers are Rhonda Ford, ACP, and Lorena Wensauer, ACP, CoChairs; Gloria Jones, ACP, will serve as Secretary. These energetic officers are already discussing plans for the 2018-2019 schedule and it should be exciting and useful to all the members.
Thank you for the opportunity to serve the TCBA Paralegal Division members! I strongly encourage local paralegals, paralegal program educators and students The Paralegal Division participated in several to join the Paralegal Division--it is the ONLY bar legal community events: on November 11-12, 2017, association paralegal division in the entire state and the the PD conducted an informational booth at the OBA benefits and networking opportunities are remarkable. Annual Meeting in Tulsa. At Christmas, 2017, the Division selected Resonance House as the Community Respectfully submitted, Outreach Project and donated $750.00 cash, $45.00 in gift cards and a substantial amount of "wish list" items Beth Nellis, ACP and personal gifts. On March 29, 2018, the Paralegal TCBA Paralegal Division Division hosted an informational booth at the annual Chair, 2017-2018 ALA Legal Expo, volunteers distributed paralegal brochures and materials and also conducted a drawing for a very generous gift basket.
20 Tulsa Lawyer
Tulsa Lawyer Cover Photo Contest Not a writer but love the lens? Submit your photos for a chance to be featured on the cover of a future Tulsa Lawyer Magazine. 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!
Tulsa Lawyer 21
Honesty is the First Duty of a Lawyer By Frederick K. Slicker (1943-2016)
engaged in representing a client, even when the activities were conducted in an effort to uncover dishonest and criminal activity. The Oregon Supreme Court agreed in In re Gatti, 8 P.3rd 966 (2000), and issued a public reprimand. Subsequently, the Oregon Supreme Court amended the ethics rules in Oregon to permit lawyers to advise and supervise others who engage in deceit or misrepresentation while conducting investigations if the lawyer acts in good faith believing that there is a reasonable possibility that unlawful conduct has, is or will take place in the future. It is unclear whether the lawyers can directly engage in deceit or misrepresentation for a noble cause. Oklahoma has no such exception. The first duty of a lawyer is to tell the truth. This article was first publihsed ten years ago in the July 2008 issue of Tulsa Lawyer Magazine. Its message for professionalism in the Rule 3.3 deals with candor to tribunals and provides in legal profession is timeless. part that a lawyer shall not: (1) “knowingly make a false statement of fact The February, 2008 issue of the ABA Journal or law to a tribunal or fail to correct a false contained an ethics article that has really disturbed me. statement of material fact or law previously The cover contained a caption “When is it OK to lie?,” made to the tribunal by the lawyer;”... and the ethics article was entitled, “When the Truth Can Wait” ( ABA Journal, Feb. 2008 at Page 26). The (3) “offer evidence the lawyer knows to be article described an ethics complaint filed against a very false;” ... prominent Portland, Oregon plaintiffs’ attorney engaged in representing several chiropractors in a racketeering Rule 4.1 deals with truthfulness to third persons other and fraud cause involving alleged fraudulent workers’ than the lawyer’s clients and provides in part that: “In compensation claims. The lawyer sought to find out the course of representing a client a lawyer shall not how medical reviews were conducted, believing that knowingly: he would discover evidence of dishonest and criminal activity. In the pursuit of exposing wrongful conduct, (a) "make a false statement of material fact or he called various medical review companies and law to a third person; or represented to them that he was either an MD or an chiropractor. Based upon what he learned in these calls, (b) fail to disclose a material fact to a third he filed suit against the medical reviewing companies. person when disclosure is necessary to avoid A lawyer for one of the companies filed an ethics assisting a criminal or fraudulent act by a client complaint. unless disclosure is prohibited by Rule 1.6.” The Oregon State Bar ruled that the lawyer had Note that a lawyer has a duty to be honest and violated several provisions of the Code of Professional truthful in dealing with third persons, but the Rule Responsibility prohibiting lawyers from engaging in clearly allows the lawyer to retain client confidentiality. dishonesty, fraud, deceit or misrepresentation while 22 Tulsa Lawyer
Note also that there is no reliance requirement by the third persons, so a violation occurs when the statement is made, even if no one acts on it; but materiality of the false statement of fact or law is required. The comment to this Rule makes clear that estimates of price or value and other similar statements made in negotiations that are not generally understood as “statements of fact” are excluded from the prohibition under the Rule. Comment 1 to the Rule makes clear that repeating a statement attributed to another when the lawyer knows the statement to be false is prohibited.
This Rule sounds very much like the anti-fraud provisions in securities law under SEC Rule 10(b)(5), but this Rule is much, much broader than even Rule 10(b)(5). This Rule has no requirement for a client or a member of the public or even another lawyer to rely on the statement or for damages to arise from the falsehood. Again, the Rule is violated when the false statement is made, even if no one acts upon the statement or is injured by the statement. Comment 2 to the Rule provides that even “Truthful statements that are misleading are also prohibited by this Rule.” Rule 7.1 does not prohibit all untruthfulness, only (1) material misrepresentations Rule 7.1 deals with communications about the lawyer or omissions and (2) misrepresentations involving the and the lawyer’s services and provides that: lawyer or the lawyer’s services. “A lawyer shall not make a false or misleading Rule 8.4 deals with general unprofessional conduct communications about the lawyer or the lawyer’s and provides in part: services. A communication is false or misleading if it contains a material misrepresentation of a “It is professional misconduct for a lawyer to: fact or law, or omits a fact necessary to make the communication considered as a whole not (b) commit a criminal act that reflects adversely materially misleading.” on the lawyer’s honesty, trustworthiness or coninued on page 24...
Standard 1.2 provides in part that “A lawyer’s word should be his or her bond. We will not knowingly (c) engage in conduct involving dishonesty, misstate, distort or improperly exaggerate any fact, opinion or legal authority.” fraud, deceit or misrepresentation;...” fitness as a lawyer in other respects;
In summary, the Oklahoma Rules of Professional Conduct prohibit materially false or misleading statements or omissions made by a lawyer to tribunals and to third persons and when the lawyer is speaking about the lawyer or the lawyer’s services. There is no specific prohibition against material or immaterial false or misleading statements or omissions by the lawyer if made to the lawyer’s client or to opposing counsel, expect where Rule 8.4(c) comes into effect. Even if Rule 8.4(c) applies, there is no reliance requirement and no requirement that anyone suffer injury or damages as a result of the lawyer’s false or misleading statement.
Standard 1.6 provides in part that “Our conduct with clients, opposing counsel, parties, witnesses and the public will be honest, professional and civil." Standard 1.7 provides in part that “Our public communications will reflect appropriate civility, professional integrity, personal dignity and respect..." Standard 1.8 provides in part that “We will not make statements which are false, misleading, or which exaggerate....." Standard 2.12 provides that “We will not falsely hold out the possibility of settlement as a means to adjourn discovery or delay trial."
The Standards of Professionalism adopted by the OBA’s Board of Governors in November, 2002 reinforce the concept that honesty is the lawyer’s first Standard 3.1 provides that “We will be civil, courteous, respectful, honest and fair in communicating with duty when dealing with others. adversaries...."
24 Tulsa Lawyer
Standard 4.5 provides that “We will never knowingly misrepresent, mischaracterize, misquote, miscite facts or authorities or otherwise engage in conduct which misleads the court or agency.” Despite these laudable guidelines, lawyers, rightly or wrongly, are often attacked by the public for spinning the truth, for exaggerating the facts, for omitting materials which convey something less than the truth, and even for fabricating something to cover up the truth. Perhaps a few lawyers do mischaracterize to win an argument, exaggerate a value to gain a perceived advantage, and mis-interpret and mis-shape the known facts and the law to further out client’s goals. If so, shame on them for bringing disrepute to our noble profession! I am reminded about the story of the journalist trying to write a major article about how different professionals think. The journalist ask the engineer what is 4 plus 3. The engineer, somewhat insulted, replied, “It is 7 you idiot.” The journalist wrote that the engineer was quick, precise and firm in his answer. The journalist next asked the doctor the same question. The doctor replied, “I have a pretty good idea what the answer is, but I need for you to come to my office, let me conduct a complete examination and after receiving the results of tests conduct, I will happily give you my diagnosis and my answer.” The journalist wrote that the doctor was thorough and highly professional. Then the journalist asked the lawyer, How much is 4 plus 3? And lawyer responded, “What do you want it to be?” The legal profession will never be regarded by the public as moral, ethical or even professional until we lawyers begin telling the truth, the whole truth and nothing but the truth, so help us God. Frederick K. Slicker Submitted May, 2008
Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Courage, Civility and Citizenship. Tulsa Lawyer 25
Some days just don't go as planned...
26 Tulsa Lawyer
Grapevine News University of Oklahoma College of Law students Chloë Coleman and Jimmy Lai were recently named recipients of Crowe & Dunlevy’s Diversity Scholars Program scholarship, an honor awarded to OU Law candidates each year who meet qualifications of academic achievement, financial need and commitment to the law. Each scholarship recipient was awarded $2,000 per semester based on the student’s exemplary progress and performance, for a total commitment of $10,000 per recipient. Crowe & Dunlevy first established the firm’s Diversity Scholars Program at the University of Oklahoma College of Law in 2005. Since then, more than a quarter of a million dollars in scholarships have been awarded to outstanding candidates. Coleman graduated in 2015 with a bachelor’s degree in journalism from Texas Christian University, where she received the Society of Professional Journalism Mark of Excellence Award and the Texas Intercollegiate Press Association Excellence in Collegiate Journalism Award. Since that time, she has worked in the communications industry, where she interned for CNN. Lai graduated in 2016 with a bachelor’s degree inmarketing from the University of Central Oklahoma. Since that time, he has worked in the sales and research industries and has published work in the textbook, Developing Workforce Diversity Programs, Curriculum and Degrees in Higher Education. During his time on the UCO campus, Lai was active in the promotion and recruitment of more than 1,000 students for the university’s cross-cultural program and is fluent in Mandarin, Japanese, German and English. The American Institute of Family Law Attorneys has recognized the exceptional performance of Oklahoma’s Family Law Attorney Edward Lindsey as 2018 10 Best Family Law Attorney for Client Satisfaction. The American Institute of Family Law Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Family Law Attorneys in each
state. Attorneys who are selected to the "10 Best" list must pass AIOFLA's rigorous selection process, which is based on client and/or peer nominations, thorough research and AIOFLA’s independent evaluation. AIOFLA's annual list was created to be used as a resource for clients during the attorney selection process. One of the most significant aspects of the selection process involves attorney’s relationships and reputation among his or her clients. As clients should be an attorney's top priority, AIOFLA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Family Law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction. We congratulate Edward Lindsey on this achievement and we are honored to have him as a 2018 AIOFLA Member. You can contact Edward Lindsey at: 918-587-0097 or www.edwardlindsey.com.
Evans
Nowlin
Comrarda
Day
Hall Estill, has four attorneys named to the 2018 Benchmark Litigation’s annual 40 & Under Hot List. Kristen P. Evans and Bryan J. Nowlin have been named from the Tulsa office and Kelly C. Comarda and Seth A. Day have been named from the Oklahoma City office. The publication commemorates the most notable up-and-coming litigation attorneys in the U.S. Those of the age of 40 or younger named to this exclusive list have proven their eligibility as attorneys at their respective firms. Each attorney has had a hand in some of their firms’ most noteworthy recent cases and have earned praise from clients and peers regarding the quality of their work. “It is a great honor to have our attorneys recognized for their level of legal expertise and accomplishments by this highly respected publication,” said Mike Cooke, Managing Partner for Hall Estill. “To have our attorneys recognized for providing excellent client counsel is something in which we take great pride. Our clients are our lifeblood and we could not achieve such recognitions without their Tulsa Lawyer 27
Crowe & Dunlevy attorneys Christopher M. Staine and Evan G.E. Vincent were named to Benchmark Litigation’s 40 & Under Hot List 2018 publication, an exclusive ranking of the most talented U.S. litigators 40 years of age or younger. Vincent also appeared in Benchmark Litigation’s 2016 list, the first annual edition to be published, while this is Staine’s first year to be recognized. Staine is a director in the firm’s Dallas and Oklahoma City GableGotwals welcomes Jeff Haughey to the Tulsa offices, and is a member of the office. Jeff Haughey joins the GableGotwals team as an Bankruptcy & Creditor’s Rights; of counsel transactional attorney focused on mergers and Energy, Environment & Natural acquisitions, securities, and corporate matters. With over 30 Resources; and Litigation & years’ experience, Jeff has represented issuers in both public Trial Practice Groups. He serves and private offerings of equity and debt (including more as co-chair of the firm’s diversity than 10 IPOs), mergers and acquisitions on both the buy and committee and is an active member sell side, crisis management issues resulting from Chapter 11 of the firm’s recruiting committee. reorganizations and compliance matters. In addition, Jeff has He was selected to join The National Black Lawyers – Top negotiated credit agreements, financing agreements and supply 100 Lawyers and has received recognition by Best Lawyers agreements, and has designed, drafted and registered equity and Super Lawyers magazine as an Oklahoma Rising compensation plans. Star.* Staine earned his Juris Doctor from the University of Oklahoma College of Law where he was awarded the GableGotwals welcomes A.J. Hofland to the Tulsa Joel Jankowsky Award, honoring the overall outstanding office. A.J. Hofland is an of counsel Attorney in the firm’s student in the 2010 graduating class, and also completed his Tulsa office who has focused his practice on general litigation, undergraduate studies from OU. commercial law, white-collar criminal defense, and government A director in the firm’s relations litigation. Following his graduation from Notre Dame Oklahoma City office, Vincent Law School in 2009, he gained significant trial experience while is a member of the Antitrust; serving in the U.S. Navy Judge Advocate General’s Corps, acting Ap p e l l a t e ; Construction; as a federal prosecutor with the U.S. Attorney’s Office for the Energy, Environment & Natural Northern District of Oklahoma, and in private practice. Since Resources; Intellectual Property; joining private practice, A.J. has applied his training and skills Litigation & Trial; and Product toward solving problems for clients across a broad spectrum Liability Practice Groups. He of cases, ranging from white-collar criminal investigations focuses on litigation of complex and challenging legal to chapter 11 reorganizations to professional licensing board matters at both the trial and appellate levels, and represents disciplinary proceedings. clients that do business in a wide variety of industries. He has achieved an AV peer review rating from LexisNexis GableGotwals welcomes Jace White to the Oklahoma Martindale-Hubbell and been named a Rising Star by City office. Jace White is an associate attorney in the firm’s Oklahoma Super Lawyers since 2012.* Vincent received his Oklahoma City office. He has been focusing his practice on Juris Doctor from the University of Oklahoma College of general litigation since graduating summa cum laude from Law with highest honors and bachelor’s degree in aerospace law school where he was ranked third out of 118 graduates. engineering also from OU. During his time at Oklahoma State University, he earned several *Crowe & Dunlevy has no input in the rating distinctions, including being named the CASNR Outstanding methodologies used by Benchmark Litigation, Best Lawyers, Senior, an OSU Outstanding Senior, and an OSU Senior of LexisNexis Martindale-Hubbell nor Super Lawyers. Significance. His practice at GableGotwals primarily consists of complex business litigation in both state and federal courts, though he has a background in insurance defense and bad faith Ideas for Tulsa Lawyer ? litigation. Jace handles claims involving insurance contracts, Email mptaubman@taubmanlawoffice.com real estate agreements, and energy contracts. or tulsabarnews@yahoo.com confidence and trust.” Attorneys named to the 2018 publication were chosen through several phases of research, including the review of their recent case work, peer review in which attorneys are evaluated based on how peer legal institutions might rank them, and a consideration of client feedback on their performances.
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Tulsa Lawyer 29
Margaret Lee Carpenter April 24, 1935 â&#x20AC;&#x201D; May 5, 2018 Margaret Lee (Gaines) Carpenter was born April 24, 1935 in Philadelphia, Mississippi to Howard M. and Margaret (Bushman) Gaines and passed from this life peacefully on May 5, 2018, at home, at the age of 83, with family and friends at her side. Her parents moved to Sapulpa, Oklahoma when Margaret was one year old. She graduated from Sapulpa High School in 1953, married her husband, Richard in 1961 and attended Oklahoma University while Richard was in Law School. Their son Howard "Howie" was born in 1963. In the past Margaret was a bowler, a bridge player, business owner, Tulsa County Bar Auxiliary President, and a great cook, among her many interests. To her though, her most important role was that of Wife and Mother. Margaret was an only child, and was preceded in death by her parents. She is survived by her husband, of nearly 57 years, Richard L. Carpenter and her son, who is also an only child, Howard "Howie" Lyle Carpenter. Also surviving are her sister-inlaw, Grace Esmond and her husband Tom; a niece and nephew with their spouses and four grand nephews. Margaret handled her three year battle with cancer the same way she lived life. With calm dignity. With resolve and consideration of others. The family wishes to thank the many friends who have provided their support and to thank the personnel at Grace Hospice who provided the most wonderful care. Funeral service was held 1:30 p.m. Thursday, May 10th at Ninde Brookside Chapel. She has been laid to rest at South Heights Cemetery, Sapulpa, OK.
TCBA Auxiliary President 1978
Avis “Lynn” Swander Miller April 9, 1958 - June 29, 2018 Avis Lynn Swander Miller passed away on June 29, 2018 of cancer. Her family surrounded her. Indisputably, Lynn was a kind, generous, and fun-loving person. She made friends easily and kept friends for life. In the last few months of her life, she received daily visits, cards, letters and flowers from many of these dear friends. Lynn was never motivated by ill-will or vengeance. She lived by her personal mottos, which she encouraged in her husband and children: “Be kind,” and “Do the right thing.” These principles will continue to guide her family, but sadly without her direction. She was an eager, selfless, and indefatigable volunteer. She participated in and headed a Christmas gift program for prisoners’ children. She headed and worked in Vacation Bible School. She taught Sunday school and a Bible memory program. She delivered food for impoverished families. She lovingly tutored young students at a local housing complex – against the repeated protestations of her husband (he thought it was unsafe). With a smile she helped prepare disadvantaged high school students for college admissions tests, even when her disease was advanced and beginning to be debilitating. She was famously and endearingly known for her hyperbolic descriptions (“That girl is the most beautiful girl in the world,” or “That is the tiniest person to ever live.”) Without exaggeration, her family knew that Lynn was the most wonderfully amazing person ever. Lynn loved so many things. She loved travelling around the country with family and with friends to visit her children’s colleges and homes in Massachusetts, California, New York, Maryland, and Virginia. Lynn loved reading, especially books by Jane Austen. She had an impressive, unchallengeable memory of what she read. She enjoyed her book club and read every assigned book. She loved watching movies with her family and friends. She loved attending University of Tulsa basketball games with family and friends. She loved her church, the beautiful services there, and the encouraging and comforting words she heard every week. She loved hearing the church bells calling the parishioners to worship. Her husband will never again hear the bells peal without thinking of her.
Lynn was born in Rolla, Missouri on April 9, 1958. She graduated from Bixby High School, Oklahoma State University, and the O.W. Coburn Law School at Oral Roberts University. Before marriage she and her husband wanted five kids, a big old house, and an Old English Sheepdog. Lynn practiced law before stopping to raise her loving and devoted family. By her tenth wedding anniversary, she had five kids, a big old house, and an Old English Sheepdog. (The Sheepdog was later replaced by Labrador Retrievers – Molly, and then Horatio.) In later years she returned to work at the Boesche Legal Clinic at the University of Tulsa Law School where she developed another group of close friends. While working there, she traveled with students and two of her daughters to Karnes City, Texas to volunteer at a family detention center for immigrant mothers and their children. Sports announcer Stuart Scott, who also died from cancer, wrote, “When you die, it does not mean you lose to cancer. You beat cancer by how you live, why you live, and the manner in which you live.” Lynnie beat the living daylights out of cancer. Lynn leaves behind her husband of thirty-five years, J. A nthony Miller, and five children and their families: Margaret Grace Guglielmo and her husband, David Guglielmo, and their two children Robert Anthony Vincent Guglielmo and Evelyn Rose Guglielmo; Mary Elizabeth Miller; Samuel William Miller and his wife, Nicole Miller; John Carlile Miller; and Paige Catherine Miller. She is also survived by her parents, Walter Swander and Glenda Swander; her sister, Lea Ann McMahon and her husband, Brian McMahon; niece, Frances McMahon; nephew, Calvert McMahon and his wife, Cathleen McMahon, and their daughter Georgianna McMahon and son, Theodore McMahon. Lynn’s family thanks all those devoted friends who accompanied her to Houston for medical treatment, sat with her at chemotherapy, prayed with her, filled her house with flowers, wrote to her, created a book of photos and remembrances, laughed with her and cried with her. First Presbyterian Church of Tulsa held a funeral service on Thursday, July 5, at 11:00 a.m. Memorial donations may be made in Lynn’s honor to the University of Tulsa, 800 South Tucker Drive, Tulsa, OK 74104, or made online at utulsa.edu/support. Please include Lynn’s name and TU Legal Clinic on your donation. Fitzgerald Ivy Chapel, 918-585-1151 www. fitzgeraldivychapel.com. Reprinted with the permission of Tulsa World Media Co. and Fitzgerald Ivy Chapel. Tulsa Lawyer 31
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Send your Classified Ads to tulsabarnews@yahoo.com 32 Tulsa Lawyer
OFFICE SPACE IN JENKS: Fully furnished front office available, conference room, reception area, kitchen, free parking, notary services, fax, Wifi, building security. Possible referrals from experienced attorney. Easy access from Hwy 75 and Creek Turnpike. $550/month. Contact 918-299-4454 Titus Hillis Reynolds Love is a mid-size downtown Tulsa AV-rated law firm is seeking a general civil litigation attorney with 1-7 years’ experience. Applicants must be proficient at legal research, writing, analysis, and practical litigation strategies, and must be able to work in a fastpaced team environment. Salary commensurate with experience. Firm provides excellent benefits. Please send resume to Hiring Manager, 15 E. 5 Street, Suite 3700, Tulsa, Oklahoma 74103. th
CLOSING LAW OFFICE I'm closing my downtown law office in the near future and have books furniture, and office equipment available for sale. IF INTERESTED, PLEASE CALL (918) 584-5523.
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â&#x20AC;&#x153;Nothing in the world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan "press on" has solved and will always solve the problems of the human race.â&#x20AC;?