Tulsa Lawyer Magazine October 2017
Photo Winner Trisha Archer
Health, Law & Wellness Issue
2
In this Issue
TULSA LAWYER
A Message from
Christina Vaughn
2017-2018 TCBA President
The Rule of Three
October 2017
5 VP's Corner Kimberly K. Moore 7
Mentoring Has a New Look
9
Wellness Benefits for Members
Kathleen Pence
10 Legislating Health: Cigarette "Sin" Taxes and Behavioral Change Kevin E. Taubman, MD, FACS; President,
Focus on Health, Law & Wellness Get Involved! Committee & Section News
Sign Up for TCBA CLE
IT'S FREE!
Oklahoma State Medical Association
12 Winter CLE Schedule 14 Professionalism: It's a Learning Process Gerald Hilsher 16 Small Bits of Fitness
19 Welcome to the Family Law Section Amy Page
20 OBA Annual Meeting-Love Your Practice
22 Litgation Section Update 23 Children & the Law - Holiday Challenge Natalie Sears 25 Schools In Sesssion-Mock Trial 27 Grapevine 30 2017-2018 Committees & Sections
32 Classifieds
@tulsabar Tulsa Lawyer 1
A Message from the President
Christina M. Vaughn
The Rule of Three Information thrice conveyed is, under the ‘rule of three,’ more likely to have a lasting impact on the recipient. We are exposed to this rule from childhood. In storytelling we find examples in The Three Little Pigs and The Three Musketeers. We learn important safety advice such as “stop, look, and listen” and “stop, drop, and roll” in this format. We know that if we stand before a mirror in a dark room and repeat certain words or phrases once, twice, and three times that we can invoke all manner of terrifying apparitions. The rule is also exemplified by the promise of “Life, Liberty and the Pursuit of Happiness” in our Declaration of Independence. I had not given specific thought to this communication technique until I began writing this article and realized that I had inadvertently utilized the method in my remarks at the TCBA Annual Luncheon by discussing three new projects the TCBA will undertake this year and three contributions TCBA members can make to drive the success of the TCBA. As I continued to consider it, I realized that I may in fact be a serial user of the rule of three. And, I say, why stop now? In terms of jury trials, those of you who are litigators have likely heard and follow the precept of “Tell them what you’re going to show them. Show it to them, and then tell them what you showed them.” An important caveat is to never fail to show the jury what
you told them you would show them. To hold myself accountable to our members, I too am going to rely on this method over the course of the year. I’ll start by telling you a bit about what we are going to do this year. While I am certain that the TCBA will be rolling out many new programs, benefits, and events this year, I want to mention again the three projects discussed at the TCBA Annual Lunch. One of the first projects to get underway is the development of new benefit suites for members. We are starting with a health and wellness benefit suite, and hope to be able to offer our members discounts and other promotions for products and services in the health and wellness industry, such as massage, fitness, and nutrition. I am happy to announce that we have already secured two businesses who have agreed to provide massage services to our members at discounted rates. More information about the businesses and the discounts can be found on page 9 of this issue. Another project we have already undertaken is the augmentation of our social media presence. We did this by appointing our first ever Social Media Committee Chair, who will administer our Facebook page and our new Twitter page. Our Twitter page went live on August 24 and can be found at @tulsabar. These pages will be a convenient source of information about meetings, CLEs, events and other TCBA news. I encourage all of our social media using members to like both of our pages.
The final project I want to mention is the renovation of the interior of the Bar Center. If you’ve been to or driven past the Bar Center in the last few months, you likely noticed that the exterior of the building has undergone a major facelift. The exterior remodel was done as part of the TCBF Capital Campaign. The interior of our building is also in need of renovation. We want our building not only be contemporary and aesthetically pleasing, we want it to provide benefit to our members beyond appearance. So, the TCBA will be partnering with the TCBF to conduct an interior remodel that will include upgrades to technology. We will be particularly concerned with making the space work for our members. This project will take place after the first of the year, and we will provide updates as we have more information.
Section is not right for you at this time, you can still participate by joining us at our events and CLEs. Second, you can spread the word and encourage others to join the TCBA. This is particularly important for our senior members and firm leaders. Young lawyers look to you for guidance and seek affirmation from you and their firms that their participation in the TCBA is valued. I am certain that I would not be serving as the TCBA President were it not for my mentor and firm encouraging me as a young lawyer to get involved in the TCBA and assuring me that my service to the TCBA would be seen as a valuable contribution to my employer.
Finally, you can help by sharing your thoughts and suggestions for improvements with the TCBA. As Past President Farris and I have both stressed, We want and need your feedback to ensure that we are the TCBA is focused on member satisfaction. The accomplishing our goal of member satisfaction. Board of Directors and TCBA staff will use this focus It was great to see so many of you at the Annual as our guiding beacon this year, but no single person or Luncheon in August. I hope you all are as I excited as group of leaders can achieve our highest aspirations for I am about what the year has in store for the TCBA. I the TCBA alone. We need your help to get there. There look forward to seeing you at our free CLEs starting in are three things I ask of each of you. November and at the various other events that will take First and foremost, you can get involved in the place over the next few months. TCBA. A list of TCBA Committees and Sections can be found on page 30 of this issue. There is a spot and Sincerely, an interest for everyone. If joining a Committee or Christina M. Vaughn TCBA President, 2017-2018
Tulsa Lawyer 3
Steady & Resolute. Randall Gill is known for his calm and steady professionalism. His 30+ years of litigation experience have given him the wisdom to understand the special needs of both clients and their attorneys. He listens, learns, and has the calm nature required to resolve even the most hotly contested disputes. We are honored to include Randy in our distinguished panel of mediators, arbitrators, private judges, and special masters.
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HughRandall RobertGill Attorney & Mediator Mediator
VP's Corner Kimberly K. Moore, 2017 – 2018 I am humbled and grateful for this opportunity to serve as your Vice President, and wanted to introduce myself for those who may not know me yet. First, I would like to take this opportunity to thank all of you who supported me in this election. I appreciate your confidence. I am excited to be a part of not only a phenomenal bar association but a truly unique team this year.
I am looking forward to a fantastic year for the TCBA. I would urge you to please take some time and serve on one of our committees.
I have been in practice for a little over a 12 years with Legal Aid Services of Oklahoma, Inc. I have practiced in many areas during this time but landlord-tenant law has been my primary focus for the last 9 years. I have learned that housing law goes beyond repairs and evictions. Decent, affordable housing is important to families. Yes, it fulfills a basic human need for shelter but it also contributes to the well-being of both parents and children.
• Fair market rent for a low income 1 bedroom is $598/month
Did you know… • Fair market rent for a low income 2 bedroom is $768/month
• Working for $7.25/hour per week you have to work 63 hours to afford a modest 1 bedroom • 70% of affordable housing units are located in areas marked by poverty • 13% have no access to transit
• 240,229 housing units have lead-based paint During the past 8 years I have also had the opportunity hazards of which 19,761 are occupied by low to to lead a 1 hour CLE for those attorneys in private moderate income households with children under practice volunteering for the Court Assistance Program age 6. (C.A.P.). Tulsa County is the only county in Oklahoma that has this program to assist pro bono landlords and • Affordable housing is the largest cause of homelessness. tenants who meet the eligibility criteria for Legal Aid Services of Oklahoma. For any attorney who has • There are 76 low-income housing apartment not heard of this program I urge you to reach out to a complexes in Tulsa which contain 8,681 units. fellow bar member who is a volunteer or to contact me • There is approximately 1 Legal Aid attorney for directly. The experience is rewarding. every 10,000 people in Oklahoma. Thank you to my Legal Aid family for supporting me (Oklahoma Coalition for Affordable Housing; Affordable Housing Online; in my continued commitment to the Tulsa County Bar Legal Aid Services of Oklahoma) Association and the Oklahoma Bar Association.
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TCBA Mentoring Program Has a New Look! It’s that time of year that TCBA members choose the committees to which they will devote their volunteer time. As Chair of the Mentoring Committee, I personally invite you to serve on the Mentoring Committee as a committee member or to participate in the TCBA Mentoring Program as either a mentor or a mentee. The Mentoring Program seeks attorneys and judges practicing ten years or more to serve as mentors. And I encourage all attorneys who have practiced for less than ten years to participate as mentees in the program. The less experienced attorneys will be paired with a different experienced attorney or judge every month in order to give the mentee the most diversified experience. And, in an effort to make the program less demanding on everyone’s schedule, the mentor will submit his/her schedule for the proceeding few months with trials, hearings, depositions, etc., that the mentor will attend and believes would be appropriate for the mentee to attend. The mentee will choose an event to attend from the schedule provided; therefore, no additional time commitment is required from the mentor. And no awkward lunches or drinks!!!
Please consider participating in this worthwhile program. I think we can all look back and find experienced attorneys and/or judges who have greatly impacted our careers. I truly hope that, if you have benefitted from a mentor in your career, that you will be willing to pay that forward to another member of the legal community. And, if you have never experienced the benefit a mentor’s guidance and advice can have in your career, I encourage you to sign up to be mentee! You won’t regret it!
Kathleen Pence, Chair Anyone interested in
participating in the TCBA Mentoring Program or the Mentoring Committee may send an e-mail to kathleen@pencelawfirm.org.
PRAY WALKER
Congratulations to Team Pray Walker! 2016-2017 TCBA Young Lawyer Division’s Softball Champions.
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TCBA Bankruptcy Section The TCBA Bankruptcy Section is a friendly, dynamic group that gathers every other month for lunch, poetry, and discussion of substantive topics in bankruptcy. We will be meeting on November 16 at noon at the TCBA Board of Director’s Room. Please join us. th
Paul Thomas Chair, TCBA Bankruptcy Section
Say "Thank YOU" to a veteran this Veteran's Day. Please send us the name of a veteran you would like to acknowledge and we will include them in our November issue of Tulsa Lawyer. Email tulsabarnews@yahoo.com By October 8th Include: Name, Branch of Service & photo if desired. Please make note if they are deceased so we
Send to tulsabarnews@yahoo.com
Grapevine
Share your news with
may acknowledge it.
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ANNOUNCING TCBA MEMBER BENEFITS: Health & Wellness Benefit Suite Sacred Wellness
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Tulsa Lawyer 9
Legislating Health: Cigarette "Sin" Taxes and Behavioral Change By Kevin E. Taubman, MD, FACS; President, Oklahoma State Medical Association I have the honor of being asked to present editorial commentary to the Tulsa County Bar Association for this month’s journal. As many would imagine, physicians more commonly would shy away from such requests, but I see this as an opportunity to stimulate dialogue and thought with the upcoming special legislative session. The following is a broad commentary combining evidenced based positions and some deductive interpretation.
The tumultuous. decision, the struck down.
last Oklahoma legislative session was In line with the Oklahoma Supreme Court passage of the $1.50/pack cigarette fee was As a non-legal scholar, even I understand their
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rationale. As we move forward however, there are further reconsiderations and opportunity to make appropriate health policy. In context, the taxation of cigarettes is not new. In fact, cigarette taxation historically can account for up to 2% of total state revenue. For years in Oklahoma, we at the Oklahoma State Medical Association have continued to work for additional increases in this excise. This year is no different. But the outcome of this effort is likely to be tied to the fates of either a gross oil and gas production tax or a gasoline sales tax, both of which are a much more volatile and controversial issue. Observational studies have demonstrated that the amount generated by a cigarette tax is variable. This “sin tax� has the affect over time to lower the sales and use of cigarettes (see graph). Thus, eventually as consumption diminishes, these taxes are not a sustainable method for revenue. But I argue that the design and benefit is not for sustained revenue.
Some Oklahoma legislators have been cited with the counter argument that a cigarette tax is effectively “a levy on the lower income and middle class.” Albeit true that those in lower socio-economic status have a disproportionately higher rate of tobacco use, they also have an unacceptably higher incidence of tobaccorelated illness and mortality. It becomes inherent in the treatment of tobacco-related diseases that durable success is measured by a number of indicators. This should not only be quality-adjusted survival from therapy directed at active disease, but also related to efforts at prevention. Thus, it follows that if more are never exposed to tobacco or its related elements, we will reduce both the total incidence and prevalence over time. The effect translates into a healthier population and reduced health care expenditures. Thus, the health savings from tobacco cessation are almost immediate, and Oklahoma would recognize significant savings in their Medicaid dollars within the first year should the tax pass. Advocacy is challenging. Even more so when there is a significant monetary or political price attached to the issue. Oklahoma is again at the precipice of a great fiscal chasm. With our current federal administration offering inconsistent and at times contradictory solutions, we cannot rely only upon them for subsistence and have to begin here at home with practical solutions which choose the right over the political. Tobacco use and its effects remain a top issue facing Oklahomans and their physicians. In this light, I remain resolute in my refusal to acquiesce to a habit or indulge “the choice” that continues to cause pain and suffering to millions each day. Our state ranks in the bottom percentage of health indicators. As a physician and surgeon specializing in cardiovascular-related disease, I bear witness to the realities of tobacco’s effect. I was raised in a culture where tobacco use was a social norm. Each month, I treat hundreds who suffer greatly after years of progressive injury related to nicotine and tobacco smoke exposure. In surgery, on hospital rounds, and in the office, my patients, students, and trainees are reminded of the firm and incontrovertible statistics of tobacco-related morbidity and mortality in our country. Heart disease, cancer, chronic lung disease, and stroke consistently remain at the top; of which tobacco is the most powerful contributing risk. Statistics from the CDC estimate 1 in 5 deaths in our country are related to tobacco. In comparison, Oklahoma continues to rank in the bottom 10 states nationally for many healthcare indicators. Related to smoking, Oklahoma bears direct costs of more than 1.62 billion dollars annually (not including another
2.1 billion in indirect costs) with an overall incidence of the aforementioned diseases almost 1.4 times higher than the national average. Beyond the common primary mechanisms of exposure, both second-hand and tertiary (a.k.a. “third-hand”) forms continue to prey upon individuals of all ages. This includes those not yet born to this world, children, adolescents, adults, and the elderly. As important is that tobacco-related diseases represent the most common preventable cause of premature death and disability. The treatment of common medical conditions is an ever growing expense. Nationally, medical-related expenditures account for more than 17% of the gross domestic product. In Oklahoma, as much as one-third of the state budget is dedicated to the Department of Health and Human Services. And of this, the majority of operational expense is allocated to medical and/or mental health-related services. From the 2017 Oklahoma budget passed this spring, and its fallout due to a failure in procedure, Oklahomans face uncertainty related to a potential several hundred million dollar budget shortfall. As a result, numerous agencies face substantial cuts. Depending upon the loss of certain additional federal subsidies (E.g. CHIP – Children’s Health Insurance Program), the Oklahoma Health Care Authority (OHCA) and thus Medicaid may experience as much as a 30% loss in its operating funds for the next fiscal year. Given that almost 789,000 (17% of the population) in Oklahoma rely upon Medicaid and other state-based services, the impact would be overwhelming and devastating. This would include everything from newborn services to nursing homes. It is time that our legislators and the tobaccosubsidized special interest groups stop using the health of our people as a bargaining chip. Through committed efforts between physicians and our elected representatives, we can effect good legislation aimed at the well-being of all levels of society which creates a positive impact on the status-quo of health. It is by no coincidence that many of the leaders in our government come from the venerable field of law, and it is by this fact that I look to you all for the guidance to help our society finally create policy that is in the best interest of all despite popular beliefs that are destroying endless generations of our Oklahoma community.
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Professionalism: It's a Learning Process When TCBA President Christina Vaughn asked me to chair the Professionalism Committee, I had to say, “Yes.” Having recommended to her as a young associate to get involved with the TCBA and use her leadership skills and other super powers for good, I could hardly refuse her. As I am writing this first message, our committee has yet to meet, but I was pleased to have been invited to attend the University of Tulsa Law School’s Professionalism Day on August 17, 2017, as the incoming chair of the Professionalism Committee, and be part of a panel presentation on Professionalism to 2L Law Students. I was joined by Ken Williams, Faith Orlowski, Jim Milton, and Quinn Cooper Eves as we addressed a variety of scenarios that might face law students and licensed members of the bar. I think if we could summarize the nuggets of advice we gave that day, it would ring just as true for us “seasoned” lawyers as it did for the soon to be lawyers.
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A “professional” lawyer is prepared, competent, and speaks with candor to court and opponent and to client. We also emphasized that one should be wary of losing one’s temper and biting back too quickly in the heat of a moment – that being deliberate, thoughtful, even cautious with your communications by text, email, or the dreaded telephone shouting match is the way to go. We acknowledged that with the increasing expectations of immediate responses to our all-consuming, multimedia electronic devices, it is sometimes difficult to be thoughtful and take the time to clear the emotion from our discourse. A suggestion was made that perhaps the best answer to an angry text or email might be – “can’t talk about this right now. Will talk to you later.” I’ll confess to succumbing to heated exchanges in the past, much to my regret. I’ve learned from those instances, and in fact, surprised a couple of my associates about how I could remain so calm in the face of deposing narcissistic deponent who was used to ordering everyone to meet his schedule and his view of
the world. Those associates wondered why, in the face of insults and ridiculous demands, I didn’t recess the deposition or call the judge or come across the table at him. My answer was simple – it would not have helped my client if I lost my cool or if we stopped the deposition. We needed the answers he was giving, notwithstanding how evasive or ridiculous they were, and I decided we would simply proceed. Giving in to your own anger, frustration, or even a sense of helplessness is not in the client’s interest. A true professional will always keep the client’s interest in mind and his or her tongue in check, but that does not mean you must accept someone else’s abuse. I saw my friend and former colleague, Ruth Addison, stand up to an opposing bully in a telephone call once. I had previously heard the loud voice and flaring use of profanity directed my way by this lawyer, so I knew what she was hearing on her side of the call. I heard Ruth say in a calm voice, “You cannot talk to me like that,” and she hung up the phone. Immediately the phone rang, and I could hear the angry voice through the receiver. Ruth simply hung up the phone, assuming he had heard, but not understood, her original message. Third time the phone rang, and I could hear a more plaintive voice say, “Please, don’t hang up the phone.” I think we should all make it clear to others what we find acceptable and unacceptable in our discourse with other attorneys. Sometimes to build respect, we have to demand respect. Professionalism is a learning process and requires a deliberative, intentional desire to be a better lawyer and frankly, less of a jerk. Forgive me as I tweak a little wisdom from Aristotle:
We are what we repeatedly do. Excellence [and Professionalism], then is not an act, but a habit.
Gerald Hilsher Professionalism Chair Tulsa Lawyer 15
Fitness Tip
Small Bits of Fitness Add Up
Exercise Comes in All Shapes and Sizes "Where did the day go?"Is this a common question in your life? Many of us jam-pack so much stuff into our daily routines, seemingly there’s no time to relax for just one minute, let alone exercise. Lack of time is one of the most common excuses for not having a decent fitness regimen. But do you realize that in the time it might take you to go through your e-mail, you could fit in a good workout? We’re not talking about giving up 60 minutes either; all you need is 10.
Just 10? Forget the "all or nothing" mentality when it comes to exercise. Fitness does not live or die by 60-minute workouts; there is middle ground. Short spurts of exercise, when they accumulate, have been shown to share similar benefits of longer workouts. Your body will reap numerous benefits just by becoming more active. This approach is perfect for times when you don’t have time for a regular workout, or when you want to start off slowly and build up a routine.
Easier Than You Think Treat these 10 minutes like you would a regular workout. Take one to two minutes to warm up and get the muscles ready, including stretching. Follow with at least seven minutes of exercise at a medium or high intensity. Then make sure to include a 60-second cool down. Since it’s brief, it’s important to work at a fairly high intensity to obtain all of the benefits. Work at raising your heart and respiration rates. Just like regular workouts, try to include cardio, strength training and flexibility work in your shortened routine. Either knock out all three during the 10 minutes, or plan a 10-minute segment for each area. Example: Push out 10 cardio minutes on the stationary bike. For strength, do push-ups, wall sits, or lift dumbbells. For flexibility, it’s helpful to just stretch every day. Work different muscle groups and keep it simple. After 10 minutes, you will feel healthier and be on your way to developing solid fitness habits.
But I Still Don’t Have Time It only takes 30 minutes a day, broken up into manageable chunks of 10. Start with a quick exercise when you wake up. The second session? A lunch break is possibly the perfect time to re-energize and get the blood flowing again. The last 10-minute blitz could come in the evening, even while you are watching TV. It’s an ideal way to involve the family as well. Go for a power walk after dinner with your spouse or ride bikes with the kids. It is all about convenience; if you try, you can fit exercise into your schedule no matter where you are. Do it at home or at work, outside or in the living room. Start building exercise spurts into your daily routine and you’ll start feeling better.
Health Resources Smoking Cessation 1-800-QUIT NOW OK helpline.com Mental Health Association of Oklahoma Statewide Community Referral Line 918-585-1213 mhaok.org National Suicide Prevention Lifeline 1-800-273-TALK (8255) 24 hr. a day/7days a week American Heart Association Healthy for Good Program healthyforgood.heart.org
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TCBA Family Law Section Amy Page, Chair
I’m excited to serve as Chair of the TCBA Family Law Section for the upcoming year. I started my career in Tulsa with DHS/Child Support, and spent seven years in district and administrative court here before taking a statewide position that kept me away from the third floor for most of the past ten years. Since joining Fry & Elder in March of this year, I’ve enjoyed getting reacquainted with all the familiar faces, as well as making new connections. Monthly Meetings: The Section meetings for the upcoming year will be held on the same day and time of the month, the second Thursday of each month at noon. This time seems to work well for most of us. We’ll continue providing lunch and a 30 minute CLE session.
Social: I would also welcome suggestions for ways to get together and socialize outside of the courtroom and classroom and in a less formal setting where we can [try to] relax and just get to know one another. Finally, a reminder that the OBA Annual Meeting will be held in Tulsa this year and will provide a great opportunity for us to get together, not only with our Tulsa group, but also with other attorneys from around the state. The dates for the Annual Meeting are November 1, 2, and 3rd. Put this on your calendar and come enjoy the various hospitality suites, especially the OBA FLS suite. The OBA FLS will be hosting a Happy Hour/ Meet and Greet in the hospitality suite on Wednesday, November 1, from 4:30 to 6:30. Stop by on your way home from the courthouse or your office and say hi!
Monthly CLE: The TCBA FLS is full of talented lawyers, and I would love to plan a year of monthly I look forward to working with all of you in the coming meeting CLE sessions that features all of you and your year. experience practicing in Tulsa County. If you have a topic you’d like to present, or would like to helpfully volunteer a friend to speak at a monthly meeting, please Warmly, don’t hesitate to reach out. If you have a suggestion for a presentation, let me know that as well, and I’ll do my Amy Page, Chair best to find someone to present it. amy@fryelder.com Full Day CLE: FLS will be offering a full-day seminar in December. Please watch your email for a Save-theDate! As with the monthly meetings, topic and speaker suggestions are welcome.
Keep up with TCBA events, news, CLE and more on Facebook!
Search for @tulsacountybar on Facebook
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New Ways to Love your Law Practice at Upcoming OBA Annual Meeting This year’s OBA Annual Meeting is set to take place in Tulsa at the recently renovated Hyatt Regency Hotel, Nov. 1-3. Presentations of annual awards and bar business, including selection of officers, will take place during the conference along with several social events.
or short shuttle trip from the hotel. Attendees are encouraged to wear their best Roaring 20s attire. Admission is free to all.
Serving as keynote speaker at the Annual Meeting Luncheon is Attorney Coach Nora Bergman. She will speak on productivity and maintaining a healthy work Social and networking events will include the life balance. Ms. Berman will condense her book 50 President’s Reception, annual alumni luncheons for Lessons for Lawyers: Earn More. Stress Less. Be each of the three Oklahoma law schools, committee Awesome. into “40 Tips in 40 Minutes.” and section meetings, Annual Meeting Luncheon and Show Your Love reception hosted by the OBA The President’s Reception Wednesday evening will sections. There will also be a Venders Expo, where celebrate the 50th anniversary of the Judicial Nominating registrants can learn about new technologies and tools Commission. The event is an excellent time to catch to help them make the most of their time, expertise and up with friends from across the state and honor both practice. current and past JNC members. Attendees will enjoy complementary food, drinks and an anniversary cake. The Show Your Love reception will be held at the The reception is free with Annual Meeting registration Oklahoma Jazz Hall of Fame, a seven-minute walk and each registrant receives two beverage tickets. Don’t miss out on this meeting! Register for all events using the Annual Meeting registration from found in the Oklahoma Bar Journal or online at www.amokbar. org. Questions? Contact Mark Schneidewent at 405416-7026, 800-522-8065 or marks@okbar.org.
Congratulations and a big Thank You to Richard Warzynski, of Waller, Jorgenson and Warzynski, who turned in $15,532 in Lawyer Referral percentage fees during the 2016-17 Membership year. For information on joining the TCBA Lawyer Referral Panel of attorneys contact Julie Cook at 918-584-5243 Extension #221
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Litigation Section
Watch for your TCBA email with more details!
You're Invited
This fall, the Litigation Section will continue the practice of inviting local attorneys and other professionals to present on relevant and diverse topics at monthly section meetings. Upcoming topics include mediation best practices, expert witnesses & testimony, and trial presentation. All members of the bar are welcome at our lunch meetings. Please join us for our next meeting, a mediation panel discussion on Thursday, Sept. 21, Noon – 1:00, at the TCBA Center. Lunch will be served. The Litigation Section was founded by trial lawyers for trial lawyers of all practice areas with a goal of improving as advocates. Ryan Fulda
Trevor Hughes
Thursday, Sept. 21, Noon – 1:00
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Flu Shots
will be availabe at the TCBA Thursday, October 12th 11:00am - 2:00pm
TCBA Children & the Law Natalie Sears, Chair
Can you believe the holidays are just around the corner? It’s time to start planning family and friend get-togethers, time off work, and the gift list! While you're preparing for the holidays, let us all take the time to be thankful for what we have and grateful for the things we don’t have to think twice about. Sadly, a lot of families in the Tulsa area are already worried about how they will feed their families, if they will have enough warm clothing, and if they will be able to get a gift for their children this holiday season. The good news is, we can do something to change that! The Children and the Law Committee present the, you guessed it, 2017 TCBA Holiday Challenge! Last year was a huge success, where we were able to donate and fundraise a little over $4,000 cash AND adopt 10 families for Family and Children’s Services! Thank you again to all those who participated last year and made 2016 so successful! Let’s try and make this year just as successful, if not more so! The process is simple. You can either choose to donate money, or you can choose to be matched with a specific family in need. Here’s how it works: Cash: Send your tax deductible donations payable to TCBF and note “Holiday Challenge” on your payment. Cash donations will be accepted through December 6, 2017. -or-
TCBA Holiday Challenge
“Adopt a Family”:
1. Select the family size that you or your team want to “adopt” and Family & Children’s Services will match your team with a family in need; 2. Submit your team’s information (names and contact information) and size of family you wish to “adopt” via email to nsears@cordelllaw.com; 3. Once matched, you will be given a list of requested items from your “adopted” family. The items requested for your “adopted” family will need to be gift wrapped and dropped off to either TCBA or Family & Children’s Services in Tulsa by December 8, 2017; 4. Family & Children’s Services will distribute the gifts to your “adopted” family! If you would like to “adopt” a family, please contact me by November 10th so we can start the matching process with Family & Children’s Services.
If you’d like to get involved in more than one way, please feel free to reach out to me at nsears@cordelllaw.com so I can give you information on how to get involved.
All 2017 sponsors will be recognized in the Tulsa Lawyer Magazine as being totally awesome people with generous hearts (so let me know if you would prefer your donation to remain anonymous). Let’s show our Tulsa area children in need that they are not forgotten. Please join us and let’s make the 2017 Holiday Challenge a huge success!
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MOCK TRIAL Beginning of School Means the Beginning of the High School Mock Trial Season By Lorena Rivas, Fry & Elder
For the past two years, the Tulsa County Bar Association Diversity Committee has sponsored and supported a mock trial team from Union Alternative High School. This year, we are doing it again.
a member of the greater Union public school system, it stands apart due to its small class sizes and willingness to accommodate students with unique needs and diverse backgrounds. Because the mock trial team is their only competitive organization at the school, banners in support of the team were hung around the school, as well as daily inspirational cheers were announced in the loud speaker, in the days leading to their competition.
The Diversity Committee chose to take on this task a couple of years in an effort to reach out to diverse students and expose them to members of our bar association, as well as empower them with public speaking, critical thinking, and writing skills that will hopefully encourage them to become attorneys and Being an attorney coach has been a very rewarding more equipped members of society. experience. It is amazing to see a quiet student gain that self-esteem to be able to deliver a well-thought While members of the Diversity Committee (as well opening statement to a room full of strangers. Or to see as other helping attorneys) assist in coaching the team, a couple of students who would never have interacted the real team leader is their fearless teacher, John due to their different ethnicities and backgrounds Maloy. In his past lifetime, Mr. Maloy was a practicing become good friends because of mock trial. The attorney who chose to give up the brief writing to countless hours of hard work these students put into teach struggling students at Union Alternative history, trial advocacy make one have confidence in the future economics, and geography. Being the coach of a mock of lawyers. trial team was the logical step for Mr. Maloy, who was named 2016 Union Alternative High School Teacher If you would like to assist with coaching or donating funds for the mock trial team expenses, please contact of the Year. me at Lorena@FryElder.com. We would love to have Proudly so, the entire Union Alternative High School your help! has embraced their mock trial team. While the school is Tulsa Lawyer 25
26 Tulsa Lawyer
Grapevine News Hall Estill, announces the addition of David T. Potts to the firm’s tax practice in the Tulsa office. “David is a wonderful addition to our Tulsa office. We know he will continue to build on the firm’s reputation for excellence,” said Mike Cooke, managing partner for Hall Estill. “We believe that both our clients and the Tulsa community will see his dedication to the law and client service. He will provide innovative, practical solutions for our clients and has a very promising future at Hall Estill.” Potts joins as Special Counsel. His practice focuses primarily in the tax field, assisting clients in the areas of federal, state and local taxation, including controversy and litigation matters. Prior to joining Hall Estill, Potts was a partner at James, Potts & Wulfers. Potts, Inc. earned his J.D. from the University of Tulsa College of Law and is involved in the Tulsa County and Oklahoma Bar Associations, as well as the International Society of Primerus Law Firms and Tulsa Tax Club.
Oklahoma-based Crowe & Dunlevy law firm has expanded its presence by opening an office in Dallas, located at 1919 McKinney Avenue, Suite 100 at Spaces McKinney Avenue. Headquartered in Oklahoma City, with offices in Tulsa as well, the firm’s 130 attorneys serve national and international clients in nearly 30 practice areas. Three attorneys, Randy Gordon, Luke Wohlford and Christopher M. Staine, will be present in the office immediately. “Crowe & Dunlevy has 115 years of client service and we are excited to expand our tradition of excellence to greater work on behalf of clients in Texas,” said Timila S. Rother, president and CEO of the firm. “We focus on quality and value in all that we do and bringing Randy and Luke to the team, and having Christopher transition from Oklahoma City, affirms that focus in Texas. We are excited to be part of the Dallas community and look forward to growing our relationships, resources and knowledge.” With extensive experience in Texas after practicing with Crowe & Dunlevy in the 1990s, Gordon returns as a director to Crowe & Dunlevy from a Texas firm where he served as the chair of its Antitrust and Trade Regulation practice. Extensively educated, he holds law degrees from Columbia Law School and Washburn University School of Law, as well as doctorates from the University of Edinburgh and the University of Kansas. His practice includes antitrust, the Racketeer Influenced and Corrupt Organizations (RICO) Act, appellate, class action and litigation in the energy, healthcare, and insurance industries. He also serves as lead attorney for a major research university and teaches antitrust as an Executive Professor of Law at Texas A&M University. Wohlford also joins Crowe & Dunlevy from a Texas law firm, and has practiced in Kansas and worked as a clerk in the United States Court of Appeals for the Tenth Circuit. A graduate of the University of Kansas School of Law, he has experience in
complex business litigation, fiduciary litigation, antitrust and trade regulation, appellate and class action lawsuits. Staine will expand his practice from Crowe & Dunlevy’s Oklahoma City office to Dallas. A graduate of the University of Oklahoma College of Law, Staine serves in the firm’s Bankruptcy & Creditor’s Rights, Energy, Environment & Natural Resources and Litigation & Trial Practice Groups. He leads the firm’s diversity and inclusion efforts, chairing the Diversity Committee. Deeply involved in his industry and community, with membership in the American Bar Association and Oklahoma Bar Association, he will continue to serve on the board of directors for The First Tee of Metropolitan Oklahoma City. For more information, visit crowedunlevy.com or call the Dallas office at 214.420.2163. Best Lawyers®, the only purely peerreview™ guide to the legal profession, announced the 24th Edition of The Best Lawyers in America on August 15, 2017. Jones, Gotcher & Bogan is pleased to announce that two of its shareholders, Thomas L. Vogt and James E. Weger have been named again to this prestigious list. Messrs. Vogt and Weger were recognized by their peers in the legal Vogt industry for their professional excellence. In addition, the firm is once again pleased to announce Tom Vogt is recognized as a 2018 "Lawyer of the Year" recipient. Mr. Vogt’s prestigious award is in the practice area of Real Estate Litigation. "Lawyer of the Year" honorees receive this award based on their extremely high overall feedback within specific practice areas and metropolitan regions. Weger Tom Vogt has been a partner at Jones Gotcher for more than 25 years. His practice includes business litigation, employment practices, labor, real estate, and education law. Jim Weger has served as the Firm’s President since 1994, with his practice centering on complex commercial litigation, including EEOC, trademark infringement, environmental, securities, real estate and antitrust. Both attorneys have received numerous awards and have been involved with numerous civic and charitable organizations. You may read their complete bios at www.jonesgotcher.com.
Legal publication The Best Lawyers in America recently named 13 Crowe & Dunlevy attorneys to its annual list of 2018 “Lawyer of the Year” awards. This recognition is given to one lawyer in each practice area and designated metropolitan area, and recipients are selected based on voting averages received during peer-review assessments. For more information on Best Lawyers’ methodology, Tulsa Lawyer 27
visit www.bestlawyers.com/methodology. The following Crowe & Dunlevy attorneys were named in the Best Lawyers 2018 “Lawyer of the Year” awards in their respective metropolitan areas: Oklahoma City Bruce W. Day – Securities/Capital Markets Law Drew T. Palmer – Litigation – Intellectual Property Eric S. Fisher – Health Care Law Jimmy K. Goodman – Native American Law John J. Griffin, Jr. – Environmental Law Kevin D. Gordon – Administrative/Regulatory Law LeAnne Burnett – Water Law Mack J. Morgan III – Litigation – Antitrust Mary H. Tolbert – Appellate Practice Michael S. Laird – Gaming Law Roger A. Stong – Corporate Compliance Law Zachary W. Allen – Construction Law Tulsa Terry L. Watt – Trademark Law
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Crowe & Dunlevy has no input in the rating methodologies used by Best Lawyers.
GableGotwals attorneys were recently recognized by Best Lawyers as the 2018 "Lawyer of the Year" in various litigation and transactional areas. Honored were John R. Barker, Daale E. Cottingham, Craig A. Fitzgerald, Jeffrey D. Hassell, Robert G. McCampbell, David B. McKinney, Ronald N. Ricketts, Rob F. Robertson, Sidney K. Swinson and Jay P. Walters. Only a single lawyer in each practice area and designated regional area is honored as the "Lawyer of the Year," making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments. •
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areas: Litigation - Real Estate, Litigation - Trusts and Estate and Litigation - Bankruptcy. Robert G. McCampbell-- 2018 "Lawyer of the Year" for Bet-the-Company Litigation in the Oklahoma City area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Health Care Law, Commercial Litigation, Criminal Defense: White-Collar, Government Relations Practice, Administrative / Regulatory Law, Litigation - Regulatory Enforcement (SEC, Telecom, Energy) and Government Contracts. David B. McKinney-- 2018 "Lawyer of the Year" for Employee Benefits (ERISA) Law in the Tulsa area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Health Care Law, Trusts and Estates and Litigation - ERISA. Ronald N. Ricketts-- 2018 "Lawyer of the Year" for Litigation - Environmental in the Tulsa area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Environmental Law Rob F. Robertson-- 2018 "Lawyer of the Year" for Energy Law in the Oklahoma City area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Commercial Litigation, Oil and Gas Law, Corporate Governance Law, Litigation - Banking and Finance, Litigation - Real Estate, Litigation - Bankruptcy and Litigation - Environmental. Sidney K. Swinson-- 2018 "Lawyer of the Year" for Betthe-Company Litigation in the Tulsa area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation - Bankruptcy. Jay P. Walters-- 2018 "Lawyer of the Year" for Litigation - Securities in the Oklahoma City area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Native American Law and Litigation - Mergers and Acquisitions.
Areas of recognition include: John R. Barker-- 2018 "Lawyer of the Year" for LitigationMergers and Acquisitions in the Tulsa area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Banking and Finance Law, Corporate Law and Securities and Capital Markets Law. Dale E. Cottingham-- 2018 "Lawyer of the Year" for Oil and Gas Law in the Oklahoma City area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Energy Law, Commercial Litigation, Water Law, Eminent Domain and Condemnation Law, and Litigation - Environmental. Craig A. Fitzgerald-- 2018 "Lawyer of the Year" for Litigation - Intellectual Property in the Tulsa area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice areas: Insurance Law, Commercial Litigation and Litigation - Antitrust. Jeffrey D. Hassell-- 2018 "Lawyer of the Year" for Corporate Law in the Tulsa area. He was also listed in the 2018 Edition of The Best Lawyers in America in the following practice
28 Tulsa Lawyer
The Intellectual Property practice at Hall Estill was recently rated Highly Recommended by Managing Intellectual Property IP STARS 2017. Several Hall Estill IP attorneys were also ranked as IP Stars. Managing Intellectual Property IP STARS 2017 named attorneys Daniel Dooley, Phillip Free, Jr. and Randy McCarthy as Patent Stars, and Julianna Deligans, Daniel Dooley, Phillip Free, Jr. and Randy McCarthy as Trademark Stars. “It is an honor for our attorneys and our IP practice to be recognized on a national level for the legal service we provide to clients,” Managing Partner Mike Cooke said. “The exceptional skill and background of our IP group helps deliver top-notch service required to protect our clients' intellectual property. Our clients are our lifeblood and we could not achieve such recognitions without their confidence and trust.” The firm’s comprehensive IP team includes attorneys with patent and trademark experience who are knowledgeable in the fine points of intellectual property litigation strategy
representing both plaintiffs and defendants. In addition to patent and trademark litigation, Hall Estill IP attorneys have substantial experience in other types of IP disputes, including copyright, trade secret, unfair competition, false advertising, right of publicity, CAN-SPAM Act, and cybersquatting. Managing Intellectual Property was founded in 1990 and has been researching and ranking IP firms since 1996. To produce the list, the Managing Intellectual Property team of research analysts surveyed thousands of IP practitioners in private practice and inhouse, conducted interviews and vetted the information received for the year’s research through independent desk research. As a wellrespected publisher in the IP industry, their legal directory, IP
STARS, is considered to be the most authoritative and comprehensive.
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