Virtual Annual Luncheon
Teamwork , Leadership & Communication
2019 - 2020 TCBA CONTACTS, COMMITTEE & SECTION CHAIRS
www.tulsabar.com
PHONE: 918-584-5243 FAX: 918-592-0208 1446 South Boston, Tulsa, OK 74119-3612 Executive Director Tami Williams tamiw@tulsabar.com Ext. 1002
Front Desk Coordinator General Inquiries Mallory Sanstra
frontdesk@tulsabar.com Ext. 1000
Membership Director Accounting CLE, Sections & Committees accounting@tulsabar.com Lisa Laughrey Ext. 1001 Lawyer Referral Coordinator Jeril Haug jerilh@tulsabar.com Ext. 1003
Tulsa Lawyer Editor - Michael Taubman mptaubman@taubmanlawoffice.com Associate Editor - Milly Dunlap Tulsa Lawyer Submissions - tulsabarnews@yahoo.com
TCBA OFFICERS
President................................................................ James C. Milton Past President......................................................... Hon. Ann Keele President-Elect................................................. K imberly K. Moore Vice President............................................................. Kara Vincent Secretary..................................................................... Natalie Sears Treasurer................................................................. Philip D. Hixon Budget/Internal Operations........................................ Mike Esmond Foundation President .................................................... Jim Hicks Director at Large (1) Large Firm................................. Philip Hixon Director at Large (2) Large Firm.......................... C. Austin Birney Director at Large (1) Medium Firm................................ Kara Pratt Director at Large (2) Medium Firm.................. Jennifer L. Struble Director at Large (1) Small Firm........................... Linda Morrissey Director at Large (2) Small Firm.............................................Open Director at Large (2) Public Sector............... Hon. Ann Keele ABA Delegate............................................................. Molly Aspan OBA Delegate........................................................... Ken Williams Library Trustee (1)......................................................... Julie Evans Library Trustee (2)............................................ Trisha Linn Archer Presiding Judge ..................... Judge William J. Musseman, Jr.C.J., U.S. District Court .................................. Hon. John DowdellC.J., Tulsa Municipal Court............................. Hon. Gerald Hofmeister TU Law School.......................................................... Rachel Baker
FOUNDATION APPOINTMENTS
Law Day................................................... Hon. Martha Rupp Carter Law Day Co-Chair.........................................................Lizzie Riter Community Outreach................................................ Ashley Webb Golf Chair................................................................ Pat Mensching Scholarship Chair.................................................... Faith Orlowski Submission, Grapevine & AdvertisingVisit www.tulsabar.com Subscriptions to Tulsa Lawyer are available for $40.00 a year to those who are not Tulsa County Bar Association members or others who do not currently receive the publication. Contact Lisa Laughrey at llaughrey@tulsabar.com
FOUNDATION
President...........................................................Christina M.Vaughn Vice President...............................................................Justin Munn Secretary................................................................................... TBD Treasurer/Budget......................................................... Philip Hixon Trustee/Capital Campaign Chair............................... Chad McLain Trustee.......................................................................... Jim Gotwals Trustee.................................................... Hon. Martha Rupp Carter Trustee....................................................................... Ken Williams Trustee............................................................. Zach Smith Trustee........................................................... Honorable Ann Keele President................................................................ Jim Milton TCBA Pres. Elect.................................................. Kimberly Moore
COMMITTEE CHAIRPERSONS
Animal Law..................................................... ..........Katy Inhofe Bench & Bar.................................................... ........... Vicki Cox Budget & Internal Operations.......................... .......Mike Esmond Children & the Law......................................... ........Stephen Hale Children & the Law Vice Chair....................... .......Natalie Sears CLE ................................................................. ..........Lizzie Riter Diversity Development...................................Hon. April Seibert Diversity Co-chair............................................ .................Ben Fu Fee Arbitration................................................. ...Tamera Childers Law Related Education.........................Hon. Robert LaFortune Lawyer Referral............................................... ......Cathy Hoopert Pro Bono ............................................................... Mac Finlayson Membership Services....................................................Kara Pratt Mentoring......................................................... .....Faith Orlowski Mentoring Co-chair.......................................... ........Randy Lewin Military/Veterans ............................................ Hon. David Guten Nominations & Awards.................................... ....Hon. Ann Keele Professionalism................................................ ...........Rick White Public Relations....................................................Steve Layman Social Media.........................................................Ephraim Alajaji Special Events..Co-Chairs.................Sabah Khalaf / Tim Rogers Tulsa Lawyer.................................................... Michael Taubman
SECTION CHAIRPERSONS
ADR/Mediation..........................................................Melissa Fell Bankruptcy....................................................... ........Paul Thomas Corporate.......................................................... Kevinn Matthews Criminal Law................................................... ........................ Employment Law............................................. . . . . . . . . . . . . . . . . . . . Energy & Mineral Law.................................... .......Ryan Pittman Family Law...................................................... ...Todd Alexander Health Law . .................................................... ..... Kristen Evans Health Law Vice Chair..................................... Whitney Dockrey Immigration Law Chai..................................... Whitney Webb Juvenile Law.................................................... ..........Lizzie Riter Litigation Co-Chairs...............Robert Mitchener & Robert Winter Municipal Law................................................David Weatherford Paralegals/Legal Assistants.............................. .........Gloria Jones Paralegal /Legal Assistants Vice Chair............ Deborah Gresh Probate/Estate/Elder......................................... ...Catherine Welsh Solo/Small Firm............................................... ......Karen Wilkins Tax ......................................................... .....Ashlee Crouch Technology ...................................................... ............................ Workers Comp................................................. ............................ Young Lawyers................................................ ....Ephraim Alajaji * Section Chairs will be updated as positions are filled. Tulsa Lawyer is a monthly publication of the TCBA. The TCBA does not necessarily share or endorse the opinions expressed in the materials published. The views are those of thoughtful contributors. Similarly, advertising does not imply endorsement by the TCBA of products or services or any statements concerning them.
Jim Milton 2019-2020 TCBA President
Tulsa County Bar Association & Foundation
Virtual Annual Meeting Thursday, August 20th Details on page 7!
TULSA LAWYER
In this Issue
August 2020
2 A Message from the President - Coming 'round the Bend 5
"CAP" CAN MAKE A DIFFERENCE
8
Settle FASTER and WIN MORE for your client! By Michael Schwarz
12
Membership Renewal Time - Check out the latest new member benefits!
14
Lawyer Referral & Information Service Info
15
Things You Need to Know
16
Virtual Meet & Greet with the TCBA Paralegal Section
17
AR Event in Review
18
Introducing VocalMeet! On-Demand CLE
19 Bankruptcy Section - Poem of the Month
Featured Speaker:
Marcus T. Franzen Active Duty in the U.S. Army
22
Key Advantages of Virtual Focus Groups By April J. Ferguson, M.S. & Skylar Zak | OPVEON Litigation Services, LLC
24
Member Event - CookieMomster
27
Legal Flashback
28 Reflection: Tulsa Race Massacre By Rebecca Levit 29
Ponderings by Lulu
30 Grapevine 32
In Memoriam / Classifieds
The Bar Center will remain closed until further notice. The staff is available to members via phone or email during summer business hours of Monday - Thursday, 9am-5pm and Friday, 9am-1pm.
918-584-5243
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Tulsa Lawyer 1
A Message from the President
Jim Milton
Coming ‘round the Bend The new “bar year.” Every year, on September 1, we start a new bar year. New officers come into position. The budget year starts anew. Memberships are renewed. We appreciate each of you for your membership this past year. We have worked hard on your behalf. This past year was different from every prior year, at least in the memory of those who are living. We have not been shut down by a pandemic since the 1910s. Courthouse closures and online hearings are new to us all. As the courts and judges have worked hard to keep up with the changing circumstances of this pandemic, we at the TCBA have worked hard to circulate information that you can use in representing your clients. At the outset of the pandemic, our work was at the forefront of the work by bar associations in Oklahoma. As things have evened out, our energy in reporting developments to you has not wavered. When the County Commissioners were getting 2 Tulsa Lawyer
ready to reopen the courthouse to court operations, I heard from many of our attorneys that they wanted to see a mask requirement. Shena Burgess and I attended a study meeting by the County Commissioners and their staff to address the rules for reopening. I wore my mask. This was early on, before mask rules became the topic of so much discussion. As I was leaving to announce one of my hearings on the courthouse lawn, I stood and addressed the Commissioners’ staff, letting them know that I could not stand wearing my mask, but that I was wearing it because I am concerned about the risk of spreading the disease. I can’t claim to have influenced the Commissioners’ decision, but they did announce a mask rule shortly thereafter. They also implemented various other protections within the courthouse and courtrooms.
This is one example of the work that is done on a daily, weekly, and monthly basis for the benefit of Tulsa lawyers. I was shocked by how much work this past year required. I was lucky to have an excellent team, including Ms. Burgess as well as Kimberly Moore, Judge Ann Keele, Kara Vincent, Philip Hixon, Natalie Sears, and Michael Esmond. Our staff has likewise been outstanding, including Tami Williams, Lisa Laughrey, and our excellent consultant and past executive director, Greg Gordon. My time is running out. I leave this office on August 31. I will miss the job. But I will be happy to pass the torch to Ms. Moore, who is ready to take off with a number of outstanding initiatives on your behalf. If you have not yet renewed your membership, please do so today. It is important. It helps us meet your needs, in the ways that have been outlined in this column, and in so many other ways that you may never hear about. The joy of writing this column. This is my second-to-last President’s Letter. It has been an honor to write these each month. It should be clear if you have been reading my monthly columns that I love to write. I really do. I have enjoyed baring my soul, in a manner of speaking, in these columns. I skipped last month’s President’s Letter (pulled it from publication) because my column focused on an issue that was
at that moment, and no-doubt is still now, an open wound for so many. The column was written from my own perspective, sharing what I had seen personally with regard to overt and systemic racism while growing up in McAlester and attending Oklahoma State University. (Those were the stories I selected, but I have seen similar racism since that time.) My heart ached, and I wanted to share the story. But it was not time for me to tell my story. I pulled the column and decided not to write a column at all last month. As recent events have shown, our Nation still struggles in addressing issue of overt and systemic racism, and my heart aches for its victims. It is not mutually exclusive to be angered for victims of police brutality, yet we can also show sincere concern for law enforcement officers and other first responders who willingly place themselves are in harm’s way. Moreover, my heart aches for those who place so much emotional energy into disagreements without engaging in discernment, dialogue and discourse on topics of great importance. Our employment of social media for mass communication leads us to act out on urges to condemn and attack in the mode of – strike first, strike fast. I took some lumps for some honest mistakes in messaging, which I’ve acknowledged and tried to further improve myself. However, I believe that the current lack of civility must be reckoned with even as we reckon with so many other things. Not everything is, or should be, about politics, but these days so much of our disagreements have a political undercurrent. Not everything is about our disagreements on social issues, yet many disagreements on social issues are made worse by an individual’s interpretation of the writer’s intonation and interpretation of terms that, only recently, are being removed or redefined in the public discourse. We operate in a profession where we must zealously advocate for our clients and our positions, but we must do so within a profession where civility is placed at a premium. We have a duty to ensure that our positions are supported by good faith, and we must use candor to the Court when advocating for our positions, identifying the other side’s controlling authority if it exists. We cannot unreasonably or prejudicially litigate in the press, or delay proceedings. We cannot insert ourselves into a controversy. We must be fair to our opposing counsel and opposing Continued on next page...
parties. We learned these rules during law school and take additional continuing education on these and other rules every year. Bar associations such as the TCBA should encourage our members to take on the unpopular case and the unpopular client. How else can our constitutional principles be preserved, and the standards of due process advanced? If unpopular positions are attacked and dismissed because we don’t see their point, or because we believe that the holder of the unpopular position is not as advanced as ourselves, we do a disservice to our profession. The bottom line is that when debating issues in the public discourse, we should reflect on our profession. Lawyers should not troll third parties or each other online. Playful banter and humorous quips are one thing, but when the discussion turns personal, or contains implicit or explicit threats, it lowers discussion and goes against the duties that we owe as professionals to promote civil discourse in the public forum. As
Share your virtual meeting faux pas and Zoom disasters! You can remain anonymous ...if you really want to! Send your story to tulsabarnews@yahoo.com
Faux Pas: a significant or embarrassing error or mistake : BLUNDER especially : a socially awkward or improper act or remark
Justice Thurgood Marshall wrote in Furman v. Georgia (1972), “In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute.� Likewise, let us, as lawyers, not be cruel or crass to one another, but let us always strive to recognize the humanity of others and raise the tone of the discussion, not lower it. Sincerely, Jim Milton TCBA President, 2019-2020
It Will Be Here Before You Know It!
Believe it or not, the holidays are just around the corner! Time to start thinking about adopting a family in need for the Holiday Challenge. Watch for more information coming soon!
"CAP" CAN MAKE A DIFFERENCE realization that thousands of people are out of work, their housing is in jeopardy and they are possibly facing homelessness. Even though federal, state and local programs exist, there are still bad practices by certain landlords and forcible evictions without the benefit of legal counsel or court intervention. The Court Assistance Program ("CAP") needs volunteers to assist Tulsa's neediest citizens. The Forcible Entry & Detainer ("FED") Docket has relocated to the Juvenile Justice Center at 500 W. Archer, Tulsa, OK and there is a free parking lot across the street. The original FED Docket has been divided into six, noticeably reduced, one-hour dockets, scheduled at 9, 10 and 11 am and resuming at 2, 3 and 4 pm. All appearances are being conducted under health I am truly grateful to the TCBA Pro Bono and safety guidelines with PPE available. Committee, Mac Finlayson, Chair, for continuing to PLEASE consider volunteering for the Court monitor the courts as the Forcible Entry & Detainer ("Eviction") Docket has adapted to its new location at Assistance Program! Free, remote training (1 hr. the Juvenile Justice Center and has revised its protocol. CLE) is available by contacting Tami Williams, TCBA The Committee has kept its members and the Court Executive Director. As CAP Coordinator, I will gladly Assistance Program pro bono volunteers informed assist you with scheduling one hour, a morning or while planning to return to service as quickly as afternoon or an all-day-session. possible. Through technology (!), I have been able to YOU can make a difference in CAP and CAP will personally verify that CAP volunteers are well which is make a difference in YOU! a huge relief. Thank God for technology! Everyone who knows me is laughing out loud at that statement but the past few months of isolation have certainly convinced me that I NEED to be connected to people. I have really been encouraged by electronic communications with family, friends and colleagues: cell phone conversations, e-mails and even Zoom meetings have reassured me that I am not alone in this pandemic.
Even though my horses, dogs and maybe even my Sincerely, husband, will be sad for me to leave my daily routine Elizabeth Nellis at home, it is time to return to work! One of the most disturbing aspects of this "new normal" has been the
@tulsabar
facebook.com/ tulsacountybar Tulsa Lawyer 5
6 Tulsa Lawyer
Tulsa County Bar Association & Tulsa County Bar Foundation
Virtual Annual Meeting & Awards Banquet Thursday, August 20, 2020 12:00 PM - 1:00PM
Join us for the FREE Annual Meeting & Awards Banquet. 500 virtual seats available. * You must register online at www.tulsabar.com by 5pm August 19th. *
Featured Speaker:
Marcus T. Franzen
Active Duty in the U.S. Army
"TLC: Expectation Management in an Ambiguous Environment" Franzen has over 25 years of military experience (U.S. Army) leading high performance teams and delivering results on a range of complex projects in 15 different countries. He is currently a United States Army Special Forces Active Duty Officer and Battalion Commander.
Additionally, he is a cadre and consultant for an event company (GORUCK) able to establish rapport to teach, coach, mentor, and consult others in best practices and lessons learned on teamwork, leadership, and communication in almost any environment.
He is family man that looks forward to serving my country. I have multitude of schools and training in both military and civilian arenas. I support Service Members and their Families, and Veterans in need through multiple organizations.
Prior to that assignment, he served in various Officer and Enlisted positions in Special Forces, Infantry, Cavalry, Field Artillery, SOF, Recruiting, and Training units with the Army. Besides multiple commands, he served in different staff and leadership positions at the tactical, operational, and strategic levels in both the Army and Joint environments.
Teamwork, Leadership
and
Communication
Settle FASTER and WIN MORE for your client!
Los Angeles Filmmaker moves back to his home state, Oklahoma. By Michael Schwarz Money isn’t everything but it helps your client and loved ones heal from their loss. There is no better way to convey your client’s pain and loss than by capturing it on video to show the damages suffered by your client and their families. It is not practical to invite the defense to your client’s house at 5 or 6 in the morning to observe their daily struggles from dawn to bed. That’s why it is increasingly popular and necessary to use powerful and effective Day-in-the life, Settlement Documentary and Wrongful Death Portrait videos. These services are carefully produced to showcase a high quality and comprehensive TV/News/60 minutes style documentary to portray your case through the eyes of your clients, friends and family members. It’s no secret that attorneys handling automobile accidents, habitability, wrongful deaths, medical malpractice, etc. have used videos for their cases for years, but until now, most have only used video presentations on cases valued at $500,000 or more because of the production expense. Out of state companies charge a premium because of travel expenses and overhead. About Prairie Nation Creative, LLC and my Background/Experience I offer low cost and high-quality video services. I am a “born and bred” Oklahoman, I have a degree in Digital Filmmaking/Mass Communications. I moved to Los Angeles for 4 years to work for a company that specialized in Settlement Documentaries, Day-in-thelife and Wrongful Death Video Portraits. I have worked on video shoots in many states in the U.S. I traveled
the world to work on videos created for litigation and charities in Mexico, Canada, Australia, Singapore, South Africa, France, Scotland and Armenia. Earlier this year, I completed a large-scale assignment in Europe interviewing families who lost loved ones in the Boeing 747 Max crashes in 2019. I moved back to Oklahoma to provide highquality video litigation services for the Oklahoma legal community. My videos have a proven track record. I have seen first-hand how they enhanced the settlement value of cases for top Personal Injury attorneys. Their cases settled faster and more favorably! With over 6 years’ experience as a documentary film producer, my passion is telling real stories with impact. I understand the importance of your client’s story in your demand letter, mediation and trial. I am local, offer attractive pricing, superior service, and unequaled product quality. I pride myself in offering cost effective rates for all case values. I know you will settle your case for more money with an impactful video. I work with you to design a video to be utilized on any size case ($20 Million or $50,000) and any type of case (Auto Accidents, TBI, Wrongful Death, Burn Victims, TBI, Sexual Harassment, etc.). There is no more effective way to demonstrate damages, liability, loss of income and the legal energy and emotion you will bring to trial. I have witnessed videos multiply case values by 5x or result in a 7-figure settlement instead of the 6-figure settlement originally offered before the video was shown to the defense. In my time working in this field, I have interviewed over 300 families, doctors, experts, Etc. and put together over 100 legal documentaries that helped families get the money they deserved. In addition, I pride myself in taking the added time/effort to ensure families are treated with respect and dignity, which helps ease them through the filming process. I would like a chance to show your firm how these videos can help multiply the value of your cases! Day-in-the-life Video Show your opponents a glimpse of your clients’ damages, limited routines and activities of daily living
8 Tulsa Lawyer
Can your footage be subpoenaed? Yes, but only the Day-in-the-Life footage. The interviews with families and everything else I produce has been considered work product by courts. This is why when I film Day-in-the-life footage, I record nothing but their daily routines. In the raw footage, you will Settlement Documentary never hear me talking to your client or if they start to Get the message talk to me, I immediately stop recording. Out of the 300 across with our engaging documentary news/dateline/60 videos I produced or edited, only one was subpoenaed minutes style storytelling, to help portray your case for the raw footage. It’s rare, but I treat every project through the eyes of your clients, friends and family with care, just in case a subpoena issues. members. With this creative and affordable tool we can help you describe the damages with a narrated script, How do I order a video? family interviews, and establish expert liability themes Email me or call me anytime! You can also with a dramatic edge that can make the winning impact. visit my website and fill out the “Video Order form” (Prairie-Creative.com /order).If you need a video Useful in almost every type of case: Auto rushed, I can accommodate your need. I have worked Accidents, TBI, Medical Malpractice, Burn injuries, on many projects and have had to “rush” a project from Habitability, Product or Premises Liability, Sexual film to completion in two days. Harassment and many more! Other Services I provide Wrongful Death Portrait PR / Marketing / Testimonials sIt is a tragedy when someone dies due to the Create an online video presence with PR and negligence and carelessness of someone else. The Firm 4K HD videos highlighting your professional dramatic edge narrated script, family interviews, and brands, products, services and your previous wins with expert liability themes, send your opponents a clear client testimonials. message by conveying the emotional impact of your case in ways that words can't describe. Drone Cameras With helicopter drone video, the sky is no longer At what stage in my case should I order a video? the limit! With our 4K HD quality you get the evidence Any stage! It’s never too late to incorporate you need in on-site disputes hovering over from above these services into your trial preparation. But, from my in property complaints and premises liability cases, our experience, the earlier the better. Sending a video with drone camera can be extremely useful in large-scale your demand letter shows you are a serious advocate projects. Site InspectionCapture high-definition visual for your client from the “get go”. You can also show evidence for your case with our professional team of video in your mediation. If you decide later you need videographers and experts who use high resolution edits or changes. I can edit your video as your case photo and video cameras to capture and measure moves towards trial or settlement. the product or places. Day or night, we’ll record quality video inspections on-site, interiors, vehicles, properties, under water, outdoors, products and custom with Day-in-the-Life videos. The simple yet powerful tool that can have a profound effect on the jury, insurance adjusters and opposing council in poignantly communicating the damages. (Can be admitted into court as evidence)
orders. We’re prepared for any condition or remote shoot locations. Our video inspections can be used in cases such as premises liability, product liability, faulty design, vehicle tests, and eminent domain cases.
Contact info: Michael Schwarz Phone: 405-650-0005 Email: ms@prairie-creative.com Website: Prairie-Creative.com
Video Restoration/Enhancement Enhance and restore the quality of police footage, unclear audio files, and clean-up grainy or shaky surveillance cameras footage. Prepare your next case with my powerful, cost effective documentary style videos. Call now and set up an appointment with me to visit your office and present to you and your team some samples and demonstrate why everyone is eager to take advantage of these videos for their cases.
Need to get fit?
Trainers, located next door to the TCBA is now offering a pay by the month option with no contracts! TCBA members get 20% off sessions in their first 4 weeks. Each session puts 1 trainer with 1-2 clients. 30 min sessions are $35, 45 min sessions are $45 before discount. For booking, call
918-693-8133.
Kara Pratt is now accepting parenting coordinator and guardian ad litem appointments. Please call her at 918-599-7755 or 918-899-0900.
Thank you to Pinot's Palette for helping us with the July Paws4Pawverty event. We had 13 painters and raised $130 for the cause!
Is your pet tired of quarantine selfies with you?
Stay tuned for details on your opportunity to get a professional portrait of your pet! Great for Christmas cards!
TCBA BENEFIT
A fundraiser hosted by the TCBA Animal Law Committee benefitting Lawyers Against Pawverty.
Tulsa Lawyer 11
TULSA COUNTY BAR ASSOCIATION
MEMBERSHIP RENEWAL Watch your inbox & the TCBA Facebook page for all the updates!
www.tulsabar.com TCBA Membership Year Sept. 1st, 2020 - Aug. 31, 2021
Lawyer Referral & Information Service Please consider joining the Lawyer Referral and Information Service when you renew your membership. The LRIS is seeking attorneys in all areas of practice. The below categories are especially in need.
• • • • • • • • •
Civil Rights Law Education Environmental Law Immigration & Naturalization Intellectual Property Licenses Medicaid or Medicare Native Law Employment Law
More information is available on the next page.
12 Tulsa Lawyer
Please complete your membership renewal by August 31st. Committee selections and section planning will begin soon!
Something new is coming to TCBA!
Membership Year 2020-2021
Member Benefits New & Exciting!
Current Favorites
• 20% off Massages & Private Yoga Sessions with Caroline Meeks, Licensed Massage Therapist and Certified Trauma Informed Yoga Teacher.
• Free Live Continuing Legal Education (CLE)! Now live streaming for members at no cost!
• Trainers Discount! Our personal trainer neighbor is offering a pay by the month option with no contracts! Members get 20% off sessions in their first 4 weeks. 1 trainer per 1-2 clients max.
• Master Clean Carpet and Tile Cleaning of Tulsa, LLC 20% off all services including commercial and residential carpet cleaning, steam cleaning, tile & grout cleaning, upholstery cleaning, and more.
• AmericanChecked is offering 15% off volume discount pricing from a full-service, nationally accredited background screening company based in Tulsa. FCRAcertified screening experts can help members build the perfect package for their firms.
• The Philbrook Museum of Art is providing a 20% discount for all 1st time Philbrook members from TCBA. • Tulsa Ballet is offering TCBA members unlimited number of tickets 50% off! (Based on availability. Section availability varies for each performance). • The Tulsa Symphony Orchestra is offering a 10% discount on subscription packages and select performances.
• You Move Me Tulsa is a veteran-owned local 5-star moving company offering TCBA members 10% off the hourly rate.
• TCBA Job Board! A free for members benefit coming soon. Our site will host legal job postings in one place to help you more effectively reach your targeted candidate pool or for job seekers to find the perfect position. • Free Live Streaming Yoga! Two sessions every week with instructor Caroline Meeks.
• Exclusive discount on the purchase of the Courthouse Access Security Badge.
• Ability to purchase the O.R. Card for O.R. privileges.
• Free subscription to Tulsa Lawyer Magazine! A $40 savings! Digital copies included. (Applies to paid memberships only). • Opportunity to increase your client base through TCBA’s Lawyer Referral Program.
• Timely notices regarding administrative orders from the Tulsa County District Court, and other similar updates as they are made available, concerning closings and special rules during the pandemic. • Ability to develop strategic relationships through professional networking opportunities.
• Opportunities to volunteer in the specific law area of your choice through sections, committees, and community projects with other attorneys. • Discounted tickets to local sporting events including the Thunder, Oilers, Drillers, Roughnecks and Golden Hurricane.
Check out our website for more information at
www.tulsabar.com
Tulsa Lawyer 13
Receive the best screening services at the best rates AmericanChecked is a full-service, nationally accredited background screening company based in Tulsa, OK. As a Tulsa Bar Association member, you'll receive 15% off our volume discount pricing. Let our team of FCRA-certified screening experts help you build the perfect package for your firm or organization. For more information and pricing, call us at 918.742.6737 or visit us at www.americanchecked.com. www.americanchecked.com. 14 Tulsa Lawyer
Membership Renewal for the TCBA 2020-2021 year is underway! Fill out your renewals, section choices and get ready for an exciting year!
Resource Page
Visit our COVID-19 information page
The Tulsa legal community & TCBA members are known for their volunteering and giving spirit! Please share how many hours you've volunteered in the last year and your stories about where and how you've volunteered! Send to Tami Williams TCBA Executive Director tamiw@tulsabar.com
Just click the link at the top of our web page, www.tulsabar.com
A quick resource with links to press releases and notices for Tulsa County Courts, OSCN, Northern District of Oklahoma, OBA, Dept. of Health, State & District Administrative Orders and more. Tulsa Lawyer 15
JOIN US FOR A TCBA PARALEGAL SECTION “VIRTUAL MEET & GREET” THURSDAY, AUGUST 13 FROM NOON TO 1:00 PM We hope you will join us for a “Virtual Meet & Greet” event planned for Thursday, August 13 from Noon to 1:00 p.m. We plan to exchange ideas for our section as we make future plans. We will have a drawing and share a preview of upcoming events. Non-members are welcome to join this meeting to learn more about our Paralegal Section.
Our membership year begins on September 1, 2020. with opportunities to participate in the free TCBA CLE and networking available for 2020-2021. If you have questions about the meetings or any other suggestions, you can contact me.
Please RSVP by contacting the Tulsa County Bar Association or by phone or text to me with your name and email to be used for the link with instructions to connect to the meeting. RSVP to lisal@tulsabar.com or call 918-584-5243
Gloria Jones ACP, TCBA Paralegal Section Chair (918) 740-7775 (voice or text)
We love to feature photos of our members.
Send us pics of your TCBA activities so we can share with members. Sometimes all it takes is knowing others are doing what you WANT TO DO! Send to tulsabarnews@yahoo.com with a suggested caption and names of those pictured. Make sure those pictured want their few minutes of fame in Tulsa Lawyer! And then send my way! Send to tulsabarnews@yahoo.com 16 Tulsa Lawyer
The AR Workshop Virtual Sign Making Event Thursday, June 18th was another great member appreciation event!
Thank you to all who participated and sent us photos of your creations!
Introducing VocalMeet, TCBA's New On-Demand CLE Platform! The TCBA is pleased to announce a new and innovative way to fulfill your Oklahoma CLE requirements from the comfort of your own home or on-the-go. Our CLE's are now online through VocalMeet and available for purchase to members at a discount with code tcbamem1.
Early-Bird Code: Through August 31st, members will receive an additional 15% off with code launch15 !
Check it out at www.tcba.vocalmeet.com
*Please note virtual CLE's will remain free for members when watched live. Current Available CLE’s On-Demand (all are one general credit hour, unless indicated by 1 ethics credit hour included) • • • • • • • • •
Habits of Healthy & Happy Attorneys by John Lieber. Ethics in Quarantine by Richard Stevens How Not To Be Dumb On Social Media by Sheila J. Naifeh COVID-19 and Force Majeure Clauses in Contracts by Jim Hicks A New Take on Trial Skills by Matt & Darrah Day Employment Law Hot Topics by Randall Snapp The Role of a Step-Parent by Todd Alexander, Linda Van Valkenburg and Jaime Vogt Working From Home: Tech Tools, Tips and Real Life Challenges by Jim Calloway Overview and Mechanics of the Small Business Restructuring Act ("SBRA")
18 Tulsa Lawyer
Bankruptcy Section - Featured Poem
To find out more about the section activities contact section chair, Paul Thomas. Paul.Thomas2@usdoj.gov
Like many of us during the pandemic, we have taken to birdwatching. Birds provide seemingly endless opportunities to imagine and wonder. This is a poem by Ted Kooser, who wrote this poem and many more on postcards he sent to his friend (and writer) Jim Harrison after early morning walks. 100 of those postcard poems are collected in a volume entitled Winter Morning Walks (one hundred postcards to Jim Harrison).
January 27
Thirty-four degrees and clear. Fifty or sixty small birds with crests in a bare hackberry tree this morning early, not one of them making a sound or even the neat black silhouette of a sound against the rising sun. They let me walk up close, then one by one they leapt from their perches and dropped and caught the air and swung away into the north, becoming a ribbon at first, and then, in the distance, confetti, as they sprinkled their breathtaking silence into another bare tree.
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Key Advantages of Virtual Focus Groups By April J. Ferguson, M.S. & Skylar Zak | OPVEON Litigation Services, LLC
As with most other sectors in our business com- • Significant Cost Savings. We consider the submunity, the legal industry has not been immune to the stantial cost savings to be one of the greatest adeffects of COVID-19. Considering social distancing revantages of hosting focus groups online. While a traditional one-day focus group may range from quirements and concerns over continued spread of the $25,000.00 - $75,000.00 depending on the type of disease, we have been forced to be innovative and creative in our approach to litigation and the trial preparaproject, a virtual focus group can be held for a fraction process. tion of that cost. There are no travel expenses, no conference room fees, and no meal catering costs. With respect to jury research methods, many Online-research also tends to run more efficiently trial consultants have moved their practice from the traand often do not last as long as in-person research ditional in-person focus groups to a virtual environment projects. As a result, online participants can be paid and have experienced significant success in this regard. less, which has the effect of decreasing the cost of juror incentive payments. While it is understandable for attorneys and their clients to have concerns about this new process, the benefits • Convenience. Want your insurance client to attend fully outweigh the challenges. the focus group but they are under a company-wide The following is a list of the KEY ADVANTAGtravel ban? No problem. Both attorneys and clients ES associated with a Virtual Focus Group: can attend the focus group remotely. Because all presentations are pre-recorded, there is no need for
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anyone to be present (except virtually) on the day of the focus group. While we love conducting traditional in-person research, we have found that virtual focus groups are ef• More In-Depth Responses. Based on our experi- ficient, effective, and produce reliable data. It is predictence, online participants provide significantly more ed that current industry changes will not be abandoned detailed feedback compared to in-person partici- after the virus. It is important to take on innovative adpants. Online, participants feel less rushed when fill- aptations now, as they continue to shape the future of ing out questionnaires, which results in them taking litigation. their time to generate responses that are more indepth and thought out. Because the mock jurors are April J. Ferguson is the Chief Executive Officer of participating from the comfort of their own home (or Opveon Litigation Services, office), they also feel more comfortable providing a litigation support and trial feedback they might ordinarily withhold. • Increased Data and Feedback. When conducting online jury research, you are not limited to the size of a room. With in-person research there are significant limitations to how many participants can be in a room while practicing 6ft of social distancing between individuals. Due to this, and the significant cost savings associated with online research, some attorneys chose to have a greater number of online participants than they would if the research was hosted in-person. This results in increased feedback and data that can significantly benefit your case. The greater the amount of data collected, the more reliable the result. • More Diverse Participants. Cost becomes an issue during recruiting. For example, the Northern District of Oklahoma (“NDOK”) is comprised of Craig, Creek, Delaware, Mayes, Nowata, Osage, O t t a w a , Pawnee, Rogers, Tulsa, and Washington coun- ties. Many of these counties are an hour drive from Tulsa, where the courthouse in the NDOK is located. When facilitating a focus group for a case pending in this jurisdiction, we are typically limited to recruiting from counties that are contiguous with Tulsa County because of the travel time and cost for mock jurors. When conducting research online, travel is not a concern so mock jurors can be recruited from anywhere in the target jurisdiction, resulting in greater diversity and more accurate data. Do you have an article idea for Tulsa Lawyer? Contact Michael Taubman mptaubman@taubmanlawoffice.com
consulting firm based in Tulsa, Oklahoma.
For her clients, April is a trusted partner, a team player, and an invaluable asset to their litigation teams. She works tirelessly with trial teams to tell their client’s story in a way that resonates with jurors and creates in them a desire to be an advocate for that client in the jury deliberation room. Having worked on large pieces of complex litigation throughout the country, April’s expertise in the trial consulting arena has brought her an international client base, including top tier law firms and celebrities. The trial teams she has had the privilege of working with have been responsible for securing multi-million-dollar verdicts for their clients as well as helping large corporations obtain defense verdicts. In January 2020, April was retained as a trial consultant by counsel for the President in the Senate Impeachment Trial of President Donald J. Trump. April focuses her practice on theme development, mock trials, jury focus groups, and the use of technology in a litigation environment. Her case experience includes complex commercial litigation, personal injury, medical malpractice, products liability, energy law, employment law cases, criminal defense, eminent domain, construction disputes, Qui Tam actions, major environmental cases, insurance bad faith, family law, and trucking litigation, among others. April has been involved in hundreds of jury trials throughout the course of her career. Her experience in the courtroom, combined with her jury research practice, gives April a unique perspective into the trial process, which clients find invaluable. Tulsa Lawyer 23
MEMBER EVENT COMING UP! It's the CookieMomster!!
Cookie decorating event
Thursday, August 6th 6:30 PM -It's Virtual!
Each member who signs up will receive a cookie kit that includes 6 cookies and 3 bags of icing. Limited to 40 registrants. Register online at www.tulsabar.com.
Register at www.tulsabar.com
* Open to anyone interested in learning more about juvenile deprived law. 24 Tulsa Lawyer
Tulsa Lawyer 25
Tu l s a C o u n t y B a r Association Continuing Legal Education Presented by the TCBA Bankruptcy Section • Topic: Overview and Mechanics of the Small Business Restructuring Act ("SBRA") • Description: This program will provide an overview and introduction to Subchapter V of Chapter 11 of the Bankruptcy Code that was recently enacted and is expected to provide relief to numerous individuals and small businesses especially in light of economic disruptions caused by the COVID-19 pandemic. • Presented by Gary M. McDonald, Mary E. Kindelt, and Steve M. Rutherford.
Check it out at www.tcba.vocalmeet.com
All members get an additional 15% off all courses with the code launch15 until August 30th. 26 Tulsa Lawyer
Legal Flashback
At least you can have your BlueJeans hearing indoors in the AC...
The photo (left) shows the continuity of the operations of the Court. Court is held outdoors in a park due to the Influenza Epidemic, San Francisco, 1918.
Now, imagine Tulsa County District Court holding court outdoors in July and August! (Photo by Hulton Archive/Getty Images)
Send us your photos related to Tulsa's legal history. Send to tulsbarnews@yahoo.com. Be sure to include a description, who owns the photo and permission to reprint.
OBA Lawyers Helping Lawyers Virtual Evening Meetings Scheduled Contact Scott B. Goode for more information and to RSVP scott@militarylawok.com 918-992-6203
RSVP via email or phone and you will be given the Zoom meeting ID and PASSWORD.
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Reflection: Tulsa Race Massacre By Rebecca Levit
As the 100th anniversary of the Tulsa Race Massacre approaches, I took some time to reflect on the event. While doing some research, I came across an image that showed two African American men working, with a woman sitting in between them, typewriter in hand. I had seen this picture when briefly learning about the Massacre in class. However, something about it struck me differently than before. I clicked on the image and noticed the caption identified the two men as prominent African American lawyers and civil rights activists but mentioned nothing about the woman. Frustrated with this lack of information, my dad helped me reach out to John W. Franklin, who worked at the National Museum of African American History and Culture and is the grandson of B.C. Franklin, the
lawyer in the image. After showing Mr. Franklin the picture at the museum, he explained that the woman was named Effie Thompson, and she was the temporary secretary to the two men after her and her husband’s pharmacy was burned down in the massacre. From this limited research, I can tell not only that Effie’s life extends far beyond the picture I have now framed, but that history is not always as clear as what meets the eye. That image was a snapshot of a horrific event that still stains our city nearly 100 years later. It is my reminder not to always trust the caption that has a tendency of leaving perspectives out. It is my reminder to go the extra mile and try to find the answers that include everyone and will help create a more equal, empathetic future. Rebecca Levit is a graduate of Holland Hall class of 2020. (Photo printed with permission & courtesy of The Tulsa Historical Society)
Many great resources are available for all of us dealing with the changes to our lives because of Covid-19. We encourage you to seek out support or help through co-workers, reliable online resources and local mental health professionals and medical professionals. Below is a resource to start... https://www.nimh.nih.gov/health/education-awareness/shareable-resources-on-coping-with-covid-19.shtml
https://www.nimh.nih.gov/health/education-awareness/shareable-resources-on-coping-with-covid-19.shtml 28 Tulsa Lawyer
Ponderings by Lulu The official TCBA Bar Center Morale Officer
Lulu recommends more self-care. Such as... • extra treats • stretching • squirrel watching • belly rubs
Send Lulu photos of your office humans or animals! And be sure to let us know how they are doing! Send to tulsabarnews@yahoo.com with their name & story.
Always wash your paws!
Feeling Stressed?
Lulu would like to introduce you to Daphne Jones, our home office helper of the month. Daphne's pet human is Keith Jones. Daphne says she is grateful for Keith's help around the office and she really hopes that the whole quarantine routine sticks around awhile. Although she does feel that Keith could work a little harder at making more time for her walks.
Lulu has been very busy at the Bar Center, making sure her staff are doing everything they can to serve the TCBA members and stay safe at the same time. So she put together this little public service announcement for everyone to follow. Working hard in your office alone or relaxing at home? No mask needed.
When you do go out or have visitors, wear your mask. But not this way....
...this is the way to wear your mask! Don't be lax, be like Lulu!
Grapevine News
Crowe & Dunlevy Names Diversity Scholars Crowe & Dunlevy has named four law students as scholarship recipients of the firm’s Diversity Scholars Program. The recipients of the 2020 scholarships include Laura Martinez and Christopher Punto from the University of Oklahoma College of Law, Brandon Keaton from the University of Tulsa College of Law and Maria Escobar from Oklahoma City University School of Law. The scholarship is awarded annually to outstanding law students based on academic achievement, financial need and commitment to the law. Recipients can receive up to $10,000 during their law school tenure based on satisfactory progress and performance. Since the firm’s Diversity Scholars Program was established, more than $250,000 in scholarships have been awarded to exemplary students to help enhance diversity within the legal profession.
Punto earned his undergraduate degree from Northwestern Oklahoma State University and a master’s degree from Oklahoma State University Center for Health Sciences. Punto is also a recipient of the American Jurisprudence Award and ranks in the top 25 percent of his law school class. Keaton is a graduate of the University of Arkansas - Fort Smith with a degree in business administration. He serves as the social chair for the Black Law Student Association and ranks in the top 19 percent of his law school class.
Martinez graduated from the University of Oklahoma with degrees in business administration and International and Area Studies. She ranks in the top 20 percent of her law school class and placed third in the 2019 Whitten Burrage Negotiation Competition.
The Law Firm of Henry + Dow is pleased to announce the addition of Alex Masters and Ben Aycock as partners in its Tulsa Office. Alex graduated from the University of Tulsa College of Law in 2012. She interned with the Tulsa County Public Defender Office before going into private practice. She has her undergraduate degree in Psychology which helps in her advocacy especially matters involving children. Alex joined Henry + Dow in 2018 and practices Family Law. Benjamin Aycock also graduated from the University of Tulsa College of Law and was admitted to the Oklahoma Bar in 2007. Ben has served the Tulsa legal community for over ten years and has remained an active member of the Oklahoma Bar Association and Tulsa Bar Association. Ben practices both Civil Litigation and Family Law. Ben
Escobar graduated from Oklahoma State University with degrees in economics and political science. She served as president of the League of United Latin American Citizens (LULAC) at OSU from 2018 to 2019 and is now a member of the Hispanic Law Student Association.
joined the Henry + Dow in 2019. In addition to Aycock and Masters, Kaitlyn Allen as named as partner at the firm’s OKC office.Henry + Dow is a private firm located in Tulsa, OKC and Norman. Henry + Dow was founded in 2018 and specializes in Family Law, Personal Injury and Criminal Defense.
Grow your business with Tulsa Lawyer Advertising www.tulsabar.com or email tulsabarnews@yahoo.com
CharneyBrown, LLC is pleased to announce the addition of Madison Cataudella as an attorney to their Tulsa office. Ms. Cataudella will focus on corporate representation at the Oklahoma Corporation Commission (OCC), with additional practice emphases in the firm’s estate planning and probate branches. “Madison is going to be a big asset for our OCC team,” said managing partner and head of OCC representation, Ben Brown. “There are few attorneys in the state who specialize in OCC work, and even fewer are women. She’s proven herself to be a very knowledgeable, effective attorney for our clients, and we are proud to have her as a permanent part of our firm.” Ms. Cataudella earned her Juris Doctorate and LLM in 2019 from the University of Tulsa College of Law, where she served as the Articles Editor for the Energy Law Journal, as well as President of the Public Interest Board. She also has an extensive history of community service, including being a tenured volunteer with City Lights Foundation of Tulsa. She currently lives in Owasso, Okla., with her husband, Tulsa Police Officer Austin Cautadella. CharneyBrown, LLC is an Oklahoma-based firm that specializes in oil and gas transaction and litigation for both individuals and corporations, as well as representation in estate planning and probate, insurance, environmental, real estate, and other business and commercial matters. For more information, please visit www. charneybrown.com.
Hall Estill announced James C. Milton was ranked as a Band 2 Attorney for the 2020 Chambers High Net Worth Guide. Milton is one of only nine attorneys ranked in Oklahoma and this is his first time to be ranked in the publication. “We are very proud of Jim’s work throughout the years and this national recognition is a testament to his expertise and commitment to his clients,” said Mike Cooke, managing partner for Hall Estill. Milton’s expertise is in commercial litigation, water law, and trust and estate litigation. Throughout his career he has focused on assisting clients with trust and estate litigation, including probate, will contests, guardianship and elder abuse. Milton also provides compliance reviews in guardianship and probate matters and assists in resolving complex real title issues in the fiduciary context. Milton serves on Hall Estill’s Board of Directors. He earned his J.D., with honors, from the University of Texas School of Law and his bachelor’s degree in Finance and Economics from Oklahoma State University. The Chambers High Net Worth Guide, produced by Chambers and Partners, ranks the top lawyers and law firms for international private wealth. The rankings are based on in-depth analysis conducted by Chambers.
Douglas Roger Haughey Douglas ("Doug") Roger Haughey, was born August 23, 1956, and died on May 2, 2020, after a brief battle with pancreatic cancer. He attended Champaign public schools, including Centennial High School, where he was a member of the football and basketball teams. His love of sports continued when he moved to Tulsa, where he attended high school and collegiate athletic events. Doug was active in the youth groups at First Presbyterian Church of Champaign, as a youth, and at University United Methodist Church in Tulsa, Oklahoma, while his children were youth. Doug graduated from Illinois State University at Normal, Illinois, and received his law degree, from the University of Tulsa. After graduation, he joined the law firm of Doyle, Harris, Davis & Haughey, where he practiced until his death.
Doug was known by all first and foremost as a loving father. Memories of him center around his children, where he; took an active role in their educations, spent summers swimming with them at Big Splash, vacationed with them in Colorado, looked after the animals that were a part of their lives, took them to shows at the Performing Arts Center and sporting events at the University of Tulsa, watched movies with them at AMC or their homes, comforted them when they were sick and was always there for them whenever called upon. Doug is survived by his three children Elizabeth Hartley (James), Benjamin (Leslie) and Abbey; and two grandsons, Kaiden and Kamden, all of whom, reside in Tulsa, Oklahoma. He is also survived by his parents, Roger and Fran Haughey, of Tulsa, Oklahoma; his brothers Bruce (Elaina), of Redwood City, California, and Jeff (Helen Marie), of Tulsa, Oklahoma. In lieu of flowers, please send donation in Doug's memory to the Animal Aid of Tulsa Thrift Store.
Classified Ads IN SEARCH OF Last Will and Testament of Mary Jo Louise Dixon. Contact Faith Orlowski at 918-582-5281
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Jon Starr
Mediator and Arbitrator Contact DRC for scheduling 918-382-0300
Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
"Times of stress and difficulty are not the times when men who are on the same side can afford to think overmuch about the extent of their differences. It is more profitable to think of points of agreement." (1855–1944), c.1907
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~ John Henry Joshua Ellison
