November 2019 Tulsa Lawyer Magazine

Page 1

Thank You to Our Veterans


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 Greg Gordon gregg@tulsabar.com Ext. 1001 Membership Director

CLE, Sections & Committees

Tami Hensler Williams tamiw@tulsabar.com Ext. 1002

Front Desk Coordinator

Lawyer Referral, Golf Liaison, General Inquiries

frontdesk@tulsabar.com Ext. 1000

Accounting accounting@tulsabar.com

Tulsa Lawyer Editor - Michael Taubman mptaubman@taubmanlawoffice.com Associate Editor - Milly Dunlap Tulsa Lawyer Submissions - tulsabarnews@yahoo.com

TCBA OFFICERS

President................................................................ James C. Milton Past President......................................................... Hon. Ann Keele President-Elect................................................. K imberly K. Moore Vice President............................................................. Kara Vincent Secretary..................................................................... Natalie Sears Treasurer................................................................. Philip D. Hixon Budget/Internal Operations........................................ Mike Esmond Foundation President .................................................... Jim Hicks Director at Large (1) Large Firm................................. Philip Hixon Director at Large (2) Large Firm.......................... C. Austin Birney Director at Large (1) Medium Firm................................ Kara Pratt Director at Large (2) Medium Firm.................. Jennifer L. Struble Director at Large (1) Small Firm................. Amber Peckio-Garrett Director at Large (2) Small Firm................................. Megan Beck Director at Large (2) Public Sector............... Hon. Linda Morrissey 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 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 Greg Gordon at 918-584-5243 Ext. 225.

FOUNDATION

President...........................................................................Jim Hicks 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.................................................................. Christina Vaughn Trustee....................................................................... Ken Williams Trustee............................................................. Zach SmithTCBA President................................................................ Hon. Ann Keele TCBA Pres. Elect........................................................... Jim Milton

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 & 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 . .................................................... .......................... Immigration Law Chair.................................... ........David Sobel Juvenile Law.................................................... .....Lizzie Stafford Litigation Co-Chairs...............Robert Mitchener & Robert Winter Municipal Law................................................David Weatherford Paralegals/Legal Assistants.............................. .........Gloria Jones Paralegal /Legal Assistants Co-chair............... Deborah Gresh Probate/Estate/Elder......................................... ...Catherine Welsh Solo/Small Firm............................................... ......Karen Wilkins Tax ......................................................... .....Ashlee Crouch Technology ...................................................... ............................ Workers Comp................................................. ............................ Young Lawyers................................................ ....Ephraim Alajaji * Section Chairs will be updated as positions are filled. Tulsa Lawyer is a monthly publication of the TCBA. The TCBA does not necessarily share or endorse the opinions expressed in the materials published. The views are those of thoughtful contributors. Similarly, advertising does not imply endorsement by the TCBA of products or services or any statements concerning them.


2 A Message from

Jim Milton 2019-2020 TCBA President

Using Your Passion to Enhance Your Profession pg. 23

10 pg.

VETERANS DAY RECEPTION Adverse Childhood Experiences Jason Beaman

D.O., M.S., M.P.H., FAPA

Assistant Clinical Professor Chair, Department of Psychiatry and Behavioral Science, OSU Center for Health Sciences

TULSA LAWYER

In this Issue

November 2019

6

Canine Court Companions Bobbye Meisenheimer ACP, Secretary, TCBA Paralegal Section

8

Join the Holiday Challenge Natalie Sears, Chair

9

Dining for a Cause with Delesandro's November 21st

13 OBA Annual Meeting 14 VP's Corner - But First...Gratitude Kara Vincent 16 Santa Paws is Coming to Town 16 Annual Family Law Check out the informative agenda! 18 We Are From... Paul Thomas, Bankruptcy Section Chair 21 Winter CLE 22 Santa Brings a Law Suit! Help him succeed with your professional style! 23 VETERANS DAY RECEPTION Please join TU & the TCBA Community on November 11th!

A History of Veterans Day

24

and the Ties of our Profession By SFC J. Travis Barnett, Esq

26 A Quiet Call to Action Roger J. Dodd 28 Lawyers Fighting Hunger - 10 Year Celebration 29 Grapevine 32 Classifieds Tulsa Lawyer 1


A Message from the President

Jim Milton

Using Your Passion to Enhance Your Profession

We all have a passion for the practice of law, in one form or another. That is what brought each of us to the profession. This passion takes different forms. Some find their passion in the courtroom, and others at the negotiating table or in the corporate boardroom. It is not as simple as that, of course. Our passions are not always quite so one-dimensional. You might find particular joy in helping children, and pursue that passion through juvenile court, custody work, or adoption. Some of us tolerate the day-to-day work for that thrill of a final result, while others might truly enjoy the details that occupy the days (and nights) of legal work. Regardless of how these passions take shape, the work you do every day should line up with your passions. When I talk with emerging lawyers about getting involved in the community, I tell them what I have always heard: Get involved in an organization that interests and excites you. That will keep you interested, enhancing both your experience and the organization to which you are devoting your efforts. Our legal community is filled with great community leaders -lawyers who serve on non-profit boards, who create non-profits to fill particular needs, who volunteer their time and talents to help others. 2 Tulsa Lawyer

Just by way of example, ten years ago, Hugh Robert and a group of lawyers matched their passions with a community need when they formed Lawyers Fighting Hunger. Ten years later, their 501(c)(3) entity is going strong and filling needs in our Tulsa community. November is an important month for them, with Thanksgiving and other holidays approaching. If you haven’t given to their organization this year, you should. Likewise, the Tulsa CAP program was created by a group of community-minded attorneys for the purpose of sending volunteer lawyers to the forcible entry and detainer docket to provide pro-se representation for landlords and tenants. The program was coordinated through Legal Aid Services of Oklahoma for a number of years before transitioning to the TCBA Pro Bono Committee. That committee, chaired by Mac Finlayson, works hard matching volunteer lawyers with court dates and cases. Beth Nellis is the program coordinator and can usually be found at the FED docket. The FED docket is the tip of the iceberg, so to speak, when it comes to homelessness in our community. The docket’s size is a leading indicator, as they would say on the business news programs. If you haven’t volunteered for the CAP program yet, rest assured it is not difficult


to get involved. Please contact either the TCBA or Beth directly to schedule training and an opportunity to shadow other volunteers. With Veterans Day approaching, this month is an important time to highlight TCBA members whose passion is assisting veterans of our country’s armed forces. The TCBA Veterans Committee is chaired by Judge David Guten. Under Judge Guten’s leadership, a group of TCBA members will be participating in the Tulsa Veterans Day Parade, honoring all of our veterans and in particular those veterans who have been a part of the TCBA. You do not need to be a military veteran to participate in the Veterans Committee or the parade. In fact, as a civilian, I have gained a great deal from working with the Veterans Committee and other veterans support organizations. Those who know me know that I struggle with weight loss. Two years ago, while looking for ways to burn more calories, I came across GORUCK, the rucking company. They are a veteranowned business out of Jacksonville, Florida, which manufactures and sells rucksacks and metal plates. I’ve been rucking ever since. In addition to selling products, GORUCK organizes and sponsors events around the world for fitness and fun, bringing together veterans and civilians who are interested in fitness and community. Some of these events are locally-organized through ruck clubs, such as Green Country Ruckers, led by my friend Michael Welborn and other rucking enthusiasts. Other events are organized through GORUCK and led by special forces cadres -- active service or retired special operators from the U.S. military. As part of these events, the cadres share stories, history, and leadership lessons. G O R U C K hosted a recent event here in Tulsa, honoring and remembering the Battle of Mogadishu

Everyone is weclome!

Please join us and members of the TCBA Monday, November 11th as we march in the Tulsa Veteran's Day Parade! Watch your emails for more details on meeting place & time.


and the legendary Mogadishu Mile (Mog Mile) traveled by Army Rangers and Delta Force soldiers returning from the battle. Our cadre was Lt. Col. Marcus Franzen from Fort Sill. The participants came not only from Tulsa but from Lawton, Claremore, Fort Smith, and Texas. Some were veterans, and some were civilians. Cadre Marcus challenged our group to come together as a team as we moved heavy things across downtown Tulsa, from Veterans Park at 15th and Main to the Fairfield Inn at Main and Archer, and back, simulating the times and events of the Mog Mile. The heavy things we carried included logs (68 pounds each), a metal chain in a sandbag (about 60 pounds), vests with steel plates (40 to 50 pounds each), an artillery shell (60 pounds, and very awkward to carry), coolers filled with ice, and … pumpkins. Each of us had a pumpkin to carry. We also had to carry each other -- “casualties” as determined by Cadre Marcus. By the end of the Mog Mile event, we were all at our physical limits, carrying as much as we physically could carry. But no one complained, and everyone was supportive of each other. By the end of the event, we had become a team, working together to accomplish our objective. GORUCK has more events coming to the Tulsa area. They are sponsoring a rucking division for the Route 66 Marathon, so you will see plenty of ruckers out there if you are participating or watching the races. I’ll be out there with my rucksack, rucking the half marathon. In May 2020, GORUCK will host their Star Course here in Tulsa. The Star Course is a race of sorts, where small teams are given a series of points around town with the directive to hike to each point, take a photograph to prove you were there, and return

to the start point. The points are selected in a manner that would require around 26.2 miles (or 12 miles, or 50 miles, depending on the event) to travel to all of them. I’ve participated in one of these events, in Oklahoma City this past year. As with most GORUCK events, we learned to work as a team, focusing on each others’ strengths and helping each other overcome their weaknesses. At a recent committee meeting, I learned that the TCBA Veterans Committee has been planning a rucking event of its own. I could not be more excited -two of my passions coming together! At some point in the next year, the committee hopes to host a fundraising 5K with running, rucking, or walking, designed to raise funds for the Veterans Treatment Court. If you are interested in helping or participating, sign up for the Veterans Committee and attend its meetings. Focusing on these passions have helped me be a better lawyer. I’d like to hear your stories of how your profession has been made better by pursuing your passions. Sincerely, Jim Milton TCBA President, 2019-2020

Share your passions and their impact on your life. Send your articles or comments to tulsabarnews@yahoo.com.

My mission in life is not merely to survive, but to thrive; and to do so with some passion, some compassion, some humor, and some style. – Maya Angelou


Tulsa Lawyer 5


Canine Court Companions Bobbye Meisenheimer ACP, Secretary, TCBA Paralegal Section At our paralegal section meeting on October 3, 2019, our guest speaker was Sally Van Schenck, who is the Director of Communication and Community Outreach with the Tulsa County District Attorney’s Office. Ms. Schenck is also in charge of Tulsa County’s Court Dog Program, which was the topic of her presentation. Pursuant to Oklahoma Statute, a child witness in a criminal proceeding may be afforded the opportunity to have a canine as their support person. The statute states in part that prior to the use of a certified therapeutic dog, the court shall conduct a hearing to verify: a. The credentials of the certified therapeutic dog; b. The certified therapeutic dog is appropriately insured; and c. A relationship has been established between the child witness and the certified therapeutic dog in anticipation of testimony. 12 O.S. § 2611.12(D)(1) (2014).

6 Tulsa Lawyer

Ms. Schenck informed us that the program was started in 2010 by District Attorney Steve Kunzweiler and became codified in 2014. At the present time, Tulsa County has the largest program in the state with five canines. The temperament of the canine is the determining factor, not the breed, in selecting an appropriate child companion as the canine will stay with the child through the interview, preliminary hearing, and jury trial. We were also introduced to Debra Cox and her eight year old German Shephard named Nala, who is a former child companion. Ms. Cox told us that it was a long process getting Nala certified, and she took her to schools and other places to get her familiar with being around children and other people prior to being selected. Nala had served her time well and was ready to retire. If you are interested in learning more about the program, information is available at: http://www. da.tulsacounty.org/Home/CourtDogs or by contacting Sally Van Schenck at 918-596-4918 or by email: svanschenck@tulsacounty.org.


Paralegal Section Upcoming Meetings Tuesday, November 5 (Note day of the week)

Trial Preparation for Paralegals by Shane Henry, Henry & Dow Thursday, January 9 Immigration Law by Marvin Lizama, Lizama Law Thursday, March 5 Medical Marijuana Law Updates by John Hickey, Hall Estill

BASIC PROBATE & ESTATE PLANNING 2.0 Hours CLE Presenter - Mark Darrah

• Learn the basics of handling a probate or estate administration from beginning to end. • Materials include all the basic forms on needs to file for simple estates. • Gain insight how to use simple shortcuts to avoid procedural traps.

TUESDAY-NOVEMBER 5


2019 HOLIDAY CHALLENGE Natalie Sears, Chair

The holidays are almost here!!! That means, please act now if you’d like to adopt a family for the 2018 TCBA Holiday Challenge!! It’s a great way to give back to the community and do some good with that holiday spirit. Many families in the Tulsa area are hungry, cold, and in dire need of gifts for their children. The good news is, we can do something to change that! The process is simple and just like before. 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, 2019 .-or"Adopt a Family” • 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; •

• •

Submit your team’s information (names and contact information) and size of family you wish to “adopt” via email to nsears@cordelllaw.com;

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 11, 2019; 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 8th 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 2019 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 2019 Holiday Challenge a huge success! Also, please mark your calendars for November 21st!! Eat at Dalesandro’s (located at 1742 S. Boston Ave) and a portion of the sales will benefit the Holiday Challenge! (or order pick up!!) Come eat and drink for the kids!!

JOIN THE CHALLENGE! 8 Tulsa Lawyer


D

Dining for a cause with

alesandro's

THURSDAY, NOV. 21 5-10 P.M. 1742 S. BOSTON AVE

A portion of sales from the evening to benefit the TCBA’s Holiday Challenge, including pick up orders!

Open at 5PM this day, just for this event! Dine-in or carry out!

Current Developments in Bankruptcy Law Tuesday, November 12th 12 PM - 1.0 CLE Hour Speakers:

Sam Bratton Doerner, Saunders, Daniel & Anderson, LLP Sidney K. Swinson GableGotwals

Topics covered include: • • •

Case law update Rules changes Hot topics & emerging issues


Adverse Childhood Experiences

Jason Beaman D.O., M.S., M.P.H., FAPA

Assistant Clinical Professor Chair, Department of Psychiatry and Behavioral Sciences OSU Center for Health Sciences

The United States is in the midst of an opioid epidemic. This is familiar ground. The first opioid epidemic was a result of the collision of the Civil War and the invention of the hypodermic needle. Opioid addiction after the war carried a telling name, “soldier’s disease.” It is well recognized that the current epidemic started in 1996. In State of Oklahoma v. Purdue et al., Attorney General Mike Hunter alleges that the epidemic in Oklahoma was the result of a multifaceted aggressive and dishonest marketing campaign. This campaign helps to explain the supply side of the drug equation; however, in Oklahoma, attention should shift to the demand side.

The question is not, “why are opioids so available?” The true question is, “why do so many Oklahomans want to take opioids.” The answer is simple, Adverse Childhood Experiences, also known as ACES. ACES are derived from a now seminal study completed in 1998, The Adverse Childhood Experiences Study. The investigators were attempting to investigate why women with a history of sexual abuse as a child dropped out of a weight loss clinic at much higher rates than women with no history of abuse. This observation allowed them to conclude that victims of childhood sexual abuse were more at risk of obesity as adults, as well as everything that comes with it such as diabetes and heart disease. The original study expanded upon this observation and added other types of abuse. However, the authors also added household dysfunction (such as parental incarceration and substance abuse) as variables. The results were astounding. The authors found a graded relationship between the dose of exposure to trauma in childhood with numerous bad outcomes as adults, such as cancer and mental illness. Such a conclusion was groundbreaking for medicine, perhaps explaining a long sought for explanation of the “why?” patients make the decisions that they do. The answer for why Oklahomans use drugs is easy, trauma. Oklahoma children grow up in some of the most traumatic households in the country. Child Trends utilizes surveys to determine the rate of ACEs among the 50 states. The most recent data from 2016 reveals that Oklahoma ranks 42 , with 27% of children living in households with two or more ACEs. Previous years have consistently found Oklahoma to remain among the most nd

10 Tulsa Lawyer


traumatic households in the country. Researchers have several hypotheses for why Oklahoma remains so highly traumatic for children. Historical trauma such as Native American removals, the Great Depression, and the Tulsa Massacre all transmitted generational risks through the concept of epigenetics. Further, several ACEs increase the risk for further ACEs in the future. The best example of this is female incarceration, which Oklahoma consistently ranks among the highest in the world. Since an incarcerated parent is an ACE, and high ACEs are associated with future incarceration, today’s incarcerated females are creating tomorrow’s criminals. With the backdrop of ACEs, Oklahoma remains incredibly vulnerable for exploitation when addictive substances are deregulated (such as opioids) or more readily available (such as methamphetamine). As such, Oklahoma was primed when the pharmaceutical industry unleashed the tremendous amounts of opioids. In the original ACE’s study, only 2% of individuals with zero ACEs considered themselves an alcoholic, compared to 16% with four or more ACEs. Approximately 6% of individuals with no ACEs had ever used illicit drugs, compared to 28% with four or more. Turning to more concerning behaviors, only .3% of individuals with 0 ACEs had ever injected drugs. Having four or more ACEs increased this by over 11 times (3.4%). Other studies have demonstrated that each ACE increases the risk for early initiation of drug use by two to four times. Having drug use “problems” or “addiction” was increased seven-to-tenfold for individuals with five or more ACEs. Overall, approximately 67% of addiction risk is considered to be attributed to ACEs.

individuals with trauma make these decisions more than people without trauma. There is a yet unknown pathway that starts with a trauma that causes changes in the developing brain. These changes result in poor social and cognitive development that increase risky impulsive behaviors. It is these behaviors that lead to disease and early death. Around the state, researchers are quickly working to try to understand what these brain changes are and how to correct them. It is possible to heal trauma in the brain and body, but it takes time and coordinated treatment. Since Oklahoma is an epicenter for childhood trauma, dramatic efforts are underway at all levels to combat the damage. At the state level, a task force on trauma informed care was created by statute. Oklahoma State University received an $11 million research grant from the National Institutes of Health to study the brain changes that occur with trauma. Part of this endeavor includes creating a zip code level database to monitor the different ACEs on a real time basis. Multiple organizations are partnering to increase awareness of the concept. Other organizations, including community coalitions and the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), are bringing prevention programs to schools across the state.

Addressing childhood trauma in Oklahoma will take time and coordinated effort. Right now, for an attorney, it is important to be aware of the likelihood of trauma in a client if Oklahoma based. Knowing a client’s trauma background provides a basis to both advocate for the client’s well-being and address his or her legal needs. Clients that have experienced trauma will require more support and services than those that It is well understood that ACEs lead to early have not. An attorney may be the only trusted adult for death through a variety of behaviors. This includes clients with a high ACE score and that role should not tobacco use, lack of exercise, and poor diet, among be taken lightly. others. However, what is not yet understood is why individuals make the decisions that they do, and why Share your expertise, experience and thoghts with the TCBA Legal Communitiy. Send your ideas to Michael Taubman at mptaubman@taubmanlawoffice.com . Tulsa Lawyer 11


In conclusion, if Oklahoma is going to exit the Opioid Epidemic, the high level of ACEs must be addressed. This starts with systematic measurement and monitoring. This data can inform different prevention programs at the places in the state that have abnormally high levels. Treatment should be made available to all traumatized children. Policies should be created to ensure the state is not increasing ACEs and minimizing the damage that has already occurred. Such a plan would not only help lower the rates of drug use, but it would also help lower all medical costs and help to raise the level of health and life expectancy for the state. References Felitti, Vincent, Anada, Robert F. et al. Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults. American Journal of Preventive Medicine 1998; 14:4. Dube S, Felitti V, Dong M, Chapman D, Giles W, Anda R. Childhood Abuse, Neglect, and household dysfunction and the risk of illicit drug use: The Adverse Childhood Experiment Study; Pediatrics 2003 (11)3:564-572 https://www.acesconnection.com/g/raising-resilientoklahomans/blog/ok-trauma-informed-care-task-force-tolaunch https://www.childtrends.org The October 2019 issue of Tulsa Lawyer Magazine failed to include the biographical information of Dr. Durand Crosby with his article "Evolution of Mental Health Care." Our apologies to Dr. Crosby and our thanks for contributing thoughtful content to Tulsa Lawyer.

Evolution of Mental Health Care Durand Crosby, J.D., Ph.D. Chief of Staff and Chief Operating Officer Oklahoma Department of Mental Health and Substance Abuse Services

October 2019 Tulsa Lawyer, Pg. 26

About Dr. Jason Beaman

Dr. Jason Beaman graduated medical school from Oklahoma State University Center for Health Sciences. He then completed two simultaneous residencies in Psychiatry and Family Medicine.

After residency, Dr. Beaman completed a fellowship in Forensic Psychiatry at Case Western Reserve University in Cleveland, Ohio. He holds board certifications in Family Medicine, Psychiatry, Forensic Psychiatry, and Addiction Medicine. After Fellowship, Dr. Beaman completed a Master’s Degree in Pharmacology with an emphasis in Forensics at the University of Florida. He also obtained a Master’s in Public Health from Johns Hopkins University. Dr. Beaman currently serves as the Chair of Psychiatry and Behavioral Sciences at Oklahoma State University Center for Health Sciences.

About Dr. Durand Crosby

Durand Crosby is the Chief of Staff and Chief Operating Officer with the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), a board member with the State of Oklahoma Board of Licensed Social Workers, and an Adjunct Professor at Oklahoma State University where he teaches undergraduate and graduate students Business Ethics and classes on Management. He received his Juris Doctorate from the University of Oklahoma, and his Ph.D. in Business Administration from Oklahoma State University. Dr. Crosby began his professional career working for the San Francisco-based law firm law firm Morrison & Foerster where his practice concentrated on intellectual property, commercial litigation and employment law. He later worked as the ODMHSAS General Counsel before transitioning into his current position. He has published articles and given presentations on numerous topics, including: mental health law, confidentiality, employee engagement, and professional ethics.


Tulsa Lawyer 13


VP's Corner:

But First...Gratitude

Kara Vincent, TCBA Vice President 2019-2020 Ok – we blinked. If you’re like me, somehow the summer flew by, kids started school and here we are at November. I’m not ready for turkey yet. Heck, I’m writing this in October and I’m still wondering how I’m going to find time to finish my extended tax return and what kind of candy to get for children who arrive at the door on October 31 . How did that happen? I know for me, it happened because life happens. And, the older I get, the faster it happens. st

First, the TCBA is grateful for each of our members. So much so, that during November, we have 17 hours of FREE CLE on the agenda. And, if that’s not enough participation for you, there are at least 13 different section and committee meetings happening this month. Feel free to join a committee or section and get connected. Second, if you’re not aware of it by now, there are many opportunities coming up that will allow you to participate with a grateful heart and show your gratitude. And, if your heart can’t participate – we’ll take substitute participation from your wallet or checkbook. Please consider joining in these opportunities to share your gratitude with those around you:

Amidst all the chaos and issues that life hands us, it’s easy to forget how fortunate we are and that our attitude toward the issues we face can make, or break, us. The word gratitude is derived from the Latin word gratia, which means grace, graciousness, or gratefulness. I would imagine that many of you, like me, have both tangible and intangible things to be grateful for and we • Veterans Day Parade – November 11 , members are invited to join the Veterans/Military Law Committee recognize that the origin of those things lies, at least as they honor our nation’s veterans by participating partially, outside of anything we create. in this year’s Veterans Parade. All members and their The Harvard Medical School online Healthbeat guests are welcome to participate. Participants will article entitled “Giving thanks can make you happier” meet between 10:00 and 10:30 am and the parade states that, “In positive psychology research, gratitude begins at 11:00 am. There will be free breakfast at is strongly and consistently associated with greater the VFW for participants at 7:00 am and trolleys happiness. Gratitude helps people feel more positive from certain locations to take volunteers to and from emotions, relish good experiences, improve their health, designated parking areas. deal with adversity, and build strong relationships.” The article also says that gratitude, “helps people connect • Holiday Challenge – Donations can be made in cash or you can adopt a family. Further details are to something larger than themselves as individuals – located on page ____ of this issue of Tulsa Lawyer. whether to other people, nature, or a higher power.” So, Additionally, Dalesandro’s Italian Cuisine Restaurant there it is…connection; to each other and to something has generously agreed to donate a portion of their larger than ourselves. Are you ready for the segue? sales (including take-out orders) on November 21 to Surely you see it coming. Here we go: as it happens, the Holiday Challenge. This is a yearly contribution the TCBA gives us the opportunity to be connected, to by Dalesandro’s and we are grateful for their support. recognize our fortune, and to express our gratitude. See how easy that was? • Silent Auction items for the Judicial Dinner – Individual items like wine, gift certificates, baskets, th

st

14 Tulsa Lawyer


tickets to events, well, you get the idea - all are welcome. You can drop off the items at the TCBA. More information about this exciting event will be forthcoming. • Santa Brings a Law Suit – The Tulsa County Bar Foundation, along with the TCBA, is conducting their annual clothing drive. They are collecting business attire for men and women in need so that they can make the best possible impression during a critical job interview or their first day of work. Donations can be dropped off during regular business hours at the TCBA from November 4 through December 16 . th

th

The TCBA is grateful for our members and the contributions they consistently make to the community around them – whether through the TCBA or individually. Our wish for each of you as we enter into this month of gratitude and the holiday season is that you know how much you are appreciated. Our clients may not always recognize the contributions we make and to what extent our efforts “save the day,” but we know. Thank you for your membership and for your contribution to the lives of the communities around you.

Tulsa Lawyer 15


Santa Paws is Coming to Town

Saturday November 9 9:00 a.m – 2:00 p.m. Tulsa County Bar Center

With a $25 donation, your furry family members can have their picture taken with Santa Claus in front of a beautiful holiday tree. The Santa photo-op will he held on Saturday November 9, 2019 from 9:00 a.m – 2:00 p.m. at the Tulsa County Bar Center. Please schedule your holiday photo session online at tulsabar.com or by emailing Tami Williams at tamiw@tulsabar.com. The Animal Law Committee is hosting this holiday event and all proceeds will benefit Spay Oklahoma. Spay Oklahoma is a non-profit organization founded in Tulsa in 2004 in response to Oklahoma’s serious pet overpopulation problem. More than 60 percent of pets become unwanted and will be abandoned or end up in pounds, shelters, or research labs.

Spay Oklahoma offers affordable low-cost spay and neuter services from professional licensed veterinarians to help prevent unwanted births and pet suffering and reduce dog and cat overpopulation.

2019 Annual Family Law CLE Tulsa County Bar Center | November 20, 2019 |

9AM-4pm

8:30am

Registration/Check In

9-9:50am

Session 1: Equal Parental Rights for Non-Biological Parents in Same Sex Relationships Presented by Christopher U. Brecht, McDaniel Acord & Lytle, PLLC

10-10:50am

Session 2: Adoption with Stacy L. Acord, McDaniel Acord & Lytle, PLLC

11-11:50am

Session 3: Bankruptcy & Family Law Issues Panel with Paul Thomas, Office of U.S. Trustee, Brian W. Huckabee, Huckabee Law PLLC and A. Craig Abrahamson, Abrahamson Law.

11:50-12:15pm 12:15pm

Lunch Session 4: Basics of Family Law Appeal Presented by Keith A. Jones, Attorney at Law.

1:15pm

Session 5: Interactive Evidence and Objection Presented by Ron Gore, Cordell & Cordell.

2:15pm

Session 6: UPA Updates with Julie Bushyhead, Child Support Services Managing Attorney, OKDHS.

3:15

Session 7: Ethical Limits and Guidelines for Therapists in Court Presented by licensed psychologist Dr. Dan Stockley, Jaime Vogt, MS, LPC and Dr. Linda Van Valkenburg, LPC, NCC.


The Tulsa County Bar Center Will be

CLOSED

the follwoing dates: Veterans Day Closed

ThanksgivingNov. 27th Closed at noon. Nov. 28th -29th Closed

Employment Law Update: Important Developments in Federal & State Law

Presented by Chris Thrutchley, GableGotwals Learn valuable and new information regarding:

• Developments at the State Level • Developments at the Tenth Circuit • Developments at SCOTUS • Principle Takeaways

Monday, November 4 12:00PM 1.0 Credit Hour Tulsa Lawyer 17


By The Bankruptcy Section of the TCBA Paul Thomas, Bankruptcy Section Chair

This poem is an edited compilation of “I am from” members’ professional and personal lives through thoughts written by Bankruptcy Section members lively discussions of the law, literature, and whatever during a writing exercise done at our September 19 else moves us. Please join us. meeting. We will be better if you do. Besides discussing substantive legal issues in Meeting Dates: March 19th the world of bankruptcy, we start each meeting with May 21st Nov. 14th the reading a poem or two. We meet every other th July 16th month with the goal of adding value to our section January 16 th

We are from. . . We are from curious adventurers and explorers.

We are from lawyers, teachers, and public servants. We are from strong, compassionate, women mentors. We are from long lines of strong women and men. We are from hardy stock who built sod houses on the Kansas prairie. We are from immigrants who left everything for a chance at everything. We are from the traditions of immigrants. We are from Granny’s roast beef and Yorkshire pudding on Christmas day. We are from pierogis and pysanki decorated eggs at Easter. We are from the bandstand at Brandi’s Wharf in Philadelphia. We are from muddy creeks where we played ice hockey without skates in winter. We are from nature. We are from watching the looming horizon. We are from faith and family. We are from strength and resilience. We are from confidence, caring, and occasional uncertainty We are from playing the hand we have been dealt. We are from challenges made, accepted, and conquered.


“I am from . . .” Poem Challenge As part of a regular bi-monthly meeting, the Bankruptcy Section of the TCBA took part in a writing exercise inspired by a segment heard on NPR about sharing memories in the form of “I am from” statements that were then edited into the form of a poem. Here are a couple of examples from NPR’s resident poet Kwame Alexander:

“I am from words and art and books”

“I am from discipline and hard work; the sound of coins in a jar”

The idea behind doing the exercise during one our section meetings was to take a moment, break out of our common patterns of thinking at meetings – and reflect on memories that reveal something unique about where we are from – not just geographically, but emotionally--even spiritually. The result of the exercise is the poem printed here entitled: “We are from. . .” We found the resulting poem rich, deep, revealing, and even inspiring.

Resources Supporting Veterans

So, the Bankruptcy Section of the TCBA would like to challenge all active sections of the TCBA to write their own “We are from” poem for publication in the Tulsa Lawyer.

woundedwarriorproject.org

If you would like some help with the exercise and editing, feel free to contact Bankruptcy Section Chair, Paul Thomas at paul.thomas2@usdoj.gov or at (918) 581-6687.

veteranscrisisline.net 1-800-273-8255 press 1

dav.org

mentalhealthva.gov

Tulsa Lawyer 19


SIGN UP NOW & FINISH UP BEFORE THE HOLIDAYS!

SPACE IS LIMITED AND PRE-REGISTRATION IS REQUIRED REGISTER ONLINE AT: WWW.TULSABAR.COM ALL SEMINARS WILL BE HELD AT THE TULSA CO. BAR CENTER 1446 S BOSTON AVETULSA, OK 74119 QUESTIONS? CONTACT TAMI WILLIAMS AT 918-584-5243 EXT 1002 OR TAMIW@TULSABAR.COM

Pre-registration is required.- Seminars are subject to change.Materials will be emailed to pre-registered attendees before the seminar. Paper copies are not provided. * CLE includes a 1.5 HR lunch break ** Seminar limited to 20 participants

^ Snacks Provided # Lunch Provided

NON-MEMBER RATES (REFUNDS ISSUSED ONLY IF REQUESTED 24-HOURS PRIOR TO START OF SEMINAR)

All courses are available to audit (no credit given). Non-Member Audit Rates: 1-3.0 HRS = $5; 4.0+ HRS = $10.

20 Tulsa Lawyer


NOTICE:

The University of Tulsa Paralegal Studies Program is no longer accepting applications, and will permanently close as of February 2020. The program will no longer be approved by the American Bar Association House of Delegates as of the date of withdrawal of approval in February. TU Paralegal Program and University appreciate your long standing support since 1999. Any questions should be directed to Devra McManus at 918-631-2361.


Santa Brings a Law Suit The Tulsa County Bar Foundation, in 3:16 Mission, and Resonance Women’s Center, all of conjunction with the TCBA, is once again ready for the which truly appreciate and utilize your donations of “Santa Brings a Law Suit” clothing drive. professional attire to better our community.

The drive annually provides business attire to men and women in need so they may make the best possible impression during a critical job interview or their first day of work. The legal community is particularly well “suited” for this task as so many of us wear professional attire every day. If you have professional or business casual clothes for men or women – suits, dresses, skirts, blouses, dress pants and shirts, ties, belts, shoes, etc. – please begin to put them aside for the benefit of needy and deserving Tulsans. All items should be clean, on hangers and ready to wear. At the conclusion of this year’s drive, the TCBF’s Community Outreach Committee will deliver the clothing to Tulsa area charitable organizations. Past organizations include Women In Recovery, First Step Men’s Program, Phoenix Rising, 12 & 12, John

Your generosity is greatly appreciated (and tax deductible.) Tax receipts will be made available if you leave your name, mailing address, and a general description of the items donated at the time you drop off your donations. Let’s have a wonderful holiday season, and build on the past success of this drive by cleaning out our closets and helping Tulsans get back to work! Ashley R. Webb, Community Outreach Committee Chair, Tulsa County Bar Foundation Riggs, Abney, Neal, Turpen, Orbison & Lewis, Inc.

Drop-off your donations during regular business hours: TULSA COUNTY BAR 1446 South Boston, Tulsa, OK 74119

PUT THIS ON YOUR TO-DO LIST! MONDAY, NOVEMBER 4 THROUGH THURSDAY, DECEMBER 16

22 Tulsa Lawyer



A History of Veterans Day and theTies of our Profession By SFC J. Travis Barnett, Esq This article was first published in the November 2012 issue of Tulsa Lawyer Magazine. This Veterans Day let us reflect and be thankful for our veterans in their pursuit of justice. World War I, known in its time as “The Great War”, officially ended with the signing of the Treaty of Versailles on June 28, 1919, in the Palace of Versailles outside the town of Versailles, France. However, fighting ceased seven months earlier when an armistice, or temporary cessation of hostilities, between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month. For that reason, November 11, 1918, is generally regarded as the end of what people of that time believed was “the war to end all wars.” In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day with the following words: "To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…" The original concept for the celebration was for a day observed with parades and public meetings and a brief suspension of business beginning at 11:00 a.m. The United States Congress officially recognized the end of World War I when it passed a concurrent resolution on June 4, 1926, with these words: Whereas the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and Whereas it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and Whereas the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday: Therefore be it Resolved by the Senate (the House of Representatives 24 Tulsa Lawyer

concurring), that the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples. An Act (52 Stat. 351; 5 U. S. Code, Sec. 87a) approved May 13, 1938, made the 11th of November in each year a legal holiday—a day to be dedicated to the cause of world peace and to be thereafter celebrated and known as "Armistice Day." Armistice Day was primarily a day set aside to honor veterans of World War I, but in 1954, after World War II had required the greatest mobilization of soldiers, sailors, Marines and airmen in the Nation’s history and American forces had fought aggression in Korea, the 83rd Congress, at the urging of the veterans service organizations, amended the Act of 1938 by striking out the word "Armistice" and inserting in its place the word "Veterans." With the approval of this legislation (Public Law 380) on June 1, 1954, November 11th became a day to honor American veterans of all wars. (U.S. Dept of Veteran’s Affairs) What a noble and grand idea to set aside a day to remember the sacrifices of our veterans. I felt it necessary to include the history above as I believe most people are unfamiliar with how this day was established; however, I am probably preaching to the choir with this article as I know the extent of the Tulsa Bar’s dedication to our veterans. I know many of our members who have served or have donated their time in support of the TCBA’s Veteran’s committee’s program for pro bono representation of veterans on a wide number of legal issues. Tulsa’s County and Municipal courts have also established a model for Veteran’s Court programs, and the Oklahoma Bar Association has established their own legal aid program for veterans. So why do I believe attorney’s and our legal community is the choir? Why do we in the bar not only say we support our veteran’s and troops but also take action in support of them? I believe it is because our soldiers and attorneys are two professions founded upon the same beliefs, pursuits, and dedication to the Constitution of the United States. As a young man of seventeen, I first raised my hand and solemnly swore to support and defend the Constitution of the United States against all enemies, foreign and domestic. I have continued to take the oath for the last eighteen years. As a slightly older man of twenty-eight, I was sworn in as an attorney; a profession which requires the same dedication


to the Constitution of the United States. I believe it is this base, this one point from which two of the oldest and noblest professions emerge that is the link between the two. While they diverge in the actions in which they pursue the dedication to the law of the land, their ultimate pursuits are the same, for it is both the lawyer and the soldier who revere such principles as Justice and Liberty. While it is the solider who is the protector of our liberties, it is the attorney who is the defender of justice. With professions that both value the rule of law, integrity, courage, and the defense of the American principles, it is easy to see why we in the bar take action to help our fellow countrymen. Is it not courageous to zealously advocate for your client, so the Supreme Court can say separate but equal is unconstitutional and not American? Where would be the justice in this country had not our fellow attorneys stood up and said this is wrong? I submit that such brave action is no less in the defense of our American principles as a soldier going forth in battle, in a foreign land, to raise a rifle in defense of his fellow countrymen. Some may disagree with my analogy of the soldier and the lawyer, but I make this comparison having served in two combat zones since 2008. In Iraq as rockets were fired upon me, I knew the fear that only comes with realizing that the next moment may be your last, and I carried the burden of knowing that risk for those in my command. I heard the zing of small arms fire piercing through the air in Afghanistan, and I felt the explosions of vehicle borne IEDs. I have spoken at the funeral of my friend who days before had been killed in action against our enemy.

I am both an attorney and a fighting soldier. I believe in both there is courage and a dedication to the defense of our great nation. I believe that this dedication to those principles, which are higher than ourselves, is the place where our professions cross and the mutual respect and admiration lies. This is why we among the bar take action for those who have taken action for us. On this Veteran’s Day, as an attorney, I thank all the veterans and their families who have sacrificed for our liberties, and, as a veteran, I thank all of the attorneys who have sacrificed their time to help my fellow veterans in pursuit of justice.

Take the time to thank a veteran or servcie member this November 11th.

Tulsa Lawyer 25


A QUIET CALL TO ACTION By Roger J. Dodd

Dodd and Henry, Tulsa, OK A quiet event happened on April 18, 2019 in Tulsa. Since it was a quiet event happening within a not-quiet event, it has gone unnoticed. All the facts were announced and therefore, were known. The facts involved a popular subject. Bar associations endorse the subject, as do the courts, as well as individual bar members across the country and the legal world. Mentorship. But few heard and fewer felt the need to initiate action on its behalf. This is a quiet call to action. As soon as the word is announced, one and all embrace the concept. From young, teen non-lawyers who contemplate a legal career, to the most senior jurist, all pronounce it as a ‘good’ effort—as something positive: Mentoring. What was announced to the Tulsa Bar continuing education audience was a remarkable mentoring ‘tree.’ There were multiple uninterrupted generations of mentoring levels in the room. Decades of conscious thought of passing on trial courtroom skills and the refinement of those skills. Those physically in the room represented active mentoring since 1997; but, this tree reaches far beyond that. That span alone is 22 years. More significantly, there is represented more than three times that many years of documented legal mentoring. We will discuss the history of that ‘tree.’ And, more importantly, we will discuss the future of those trial skills passing forward for generations to come. First, we will highlight the lynch pin of that mentoring tree. A mentoring tree starts with someone, or in this instance “someones,” who cared enough about our legal court room traditions, skills and system to pass forward what they learned, often born of the agony of defeat, onto the next generation. Those “someones” are the dusty memories, often forgotten completely, of generations of trial lawyers gone by. For a mentoring tree to flourish, there has to be a figure of stature, and of gentle power, to advance the tree not once, but literally hundreds of times and to more than one generation. So too, that figure must not just mentor, but do so in such a way as to gain the enthusiasm and attention of a wider audience. By doing so, that lynch pin mentors not just directly with whom 26 Tulsa Lawyer

he or she interacts, but sends out a mentoring ripple effect to those who are drawn to the teaching by word of mouth. Trial skill mentoring is a quiet pursuit. Seldom is the audience more than those who understand and appreciate that there is no more lasting learning other than from someone who has experienced trials. That group of experienced lawyers dwindles each year in America. Even presently, lawyers self identify as ‘trial lawyers’ only 4% of the time when the entire national bar is surveyed. We all know that, at most, in reality, that means half of that number try cases. This should not be surprising as the percentage of actual jury trials compared to causes of actions filed in all courts in America have now withered to less than 1%. That percentage has steadily dwindled in the last 20 years. At the beginning of this mentoring tree, that percentage of jury trials, depending on geographic location, was believed to range from 20% to as high as 50%. No accurate data is available now to know for sure. That was probably the case because in those days, no trial lawyer could envision a legal system where a verdict from a jury disappeared. Back then, trials were a weekly occurrence—literally. In many cases, a daily event. Now jury trials are measured in many jurisdictions by single digits per judge per year. Trial lawyers loathe that precipitous slide. Other lawyers may not, but in any case these questions hover: how are trial lawyers to learn jury skills and most importantly how are trial judges to learn the art and science of fairly conducting a jury trial and to keep those skills effectively current and fresh?


And it is not just the litigants who are affected by well-tried jury trials. Each juror and potential juror is directly affected. How can the lay members of our communities reasonably be expected to have any faith in the jury trial system if there are no trials? How can our communities have faith in our system of justice when those conducting those trials have little or poor skills to conduct them. And that includes jurists as well as the lawyers representing the parties? One of the most praise-worthy solutions is the mock trial competitions held in high schools (and higher education institutions) throughout the United States. These competitions, held annually, are a demonstration of how one well-meaning person in the legal profession can influence a multitude of potential trial lawyers and judges. Beyond that, even more people are impacted positively by being aware and participating in various roles in that mock process and observing the incredible skills of the participants. These competitions are conducted from the local levels up through the national championship rounds and they draw in potential trial lawyers and judges to be. It takes an incredible desire, effort, and energy for a member of the jury trial system to coach—or more accurately to mentor—the high school participants. Accomplished at night, before school in the morning and on weekends and holidays, this mentoring facilitates an incredible level of trial skills learning. On April 18th of this year in Tulsa, Oklahoma at a CLE for the Tulsa Bar Association, Judge Daman Cantrell attended, and more importantly introduced two members of his Oklahoma Championship High School Mock Trial team, Many Huo, and Tyler Owens, to the Oklahoma trial lawyers attempting to gain, refine, and share trial skills. Judge Cantrell has mentored mock trials teams for 30 years, since he was 28. The team’s accomplishments include 5 straight years of appearances in the Oklahoma finals competition. The last two years not only were the Owasso High School team state champions, but since they fielded more than one team, they secured State Championship and Runner Up. Judge Cantrell’s teams have competed nationally and were at trophy levels four times reaching the top five schools twice. He serves and acts as the mentoring lynch pin of a legal mentor tree that goes back generations.

As a young and eager public defender, Judge Cantrell attended the National College for Criminal Defense held then in Georgia. That is where we met. As a member of that faculty in 1997, we formed a mentor bond that continues. As always the mentor learns as much or more from the one being mentored. That is true in this tree and in our relationship. Little did I know that he would grow to become the lynch pin of a mentoring tree that absorbed me in 1976. It was not called mentoring then. The style was at best ‘tough love,’ unorganized, and involved cigar smoke blown in the young lawyer’s face as he tried to learn. Among many ‘mentors,’ tribute should be paid to Oris Blackburn (a great Southern name and gentleman), Bobby Lee Cook, Cam Young, and Bill Sheppard. Their mentoring roots precede the 1997 fateful meeting by more than 50 years. So because of Judge Cantrell’s mentoring, Ms. Huo and Mr. Tyler are connected to a tree that can be traced back over 80 years, and has roots back to England. Now the call to action: In America, in Oklahoma, and in Tulsa each member of the bar has the privilege and opportunity to participate in the mock trial programs. They need real trial lawyers and real trial judges participating as mentors, mock judges, scorers, and in many other capacities. Make an impact on Judge Cantrell’s mentor tree. Beyond that, gather trial lawyers who want to learn courtroom skills and pass on what you have learned. You will find they mentor you as much, if not more, than you will to them. We, trial lawyers and trial judges, are a rare and sadly—I now believe—an endangered species. Sincerely, I am not confident we can, at this late date, save our jury system. But, I am confident that it is worth saving. Mentor, do your part. Prove me in error.

More information can be found here... https://www.tulsaworld.com/news/local/education/students-begin-mock-trial-season-underbanner-of-tulsa-s/article_734489c6-6f0b-5580-827b-61da7a7458cc.html Tulsa Lawyer 27


Lawyers Fighting Hunger -

Celebrating 10 years of Service to Others We are in the process of fund raising to celebrate the 10th year since we founded Lawyers Fighting Hunger. It is truly amazing what our group has been able to accomplish with all our supporters, various agencies, and volunteers. We have made a huge difference in thousands of people’s lives because of your generosity and help! All donations are tax deductible as Lawyers Fighting Hunger is a 501c3. Personal and corporate donations are accepted. We have several recognition levels below but all donations help. The cost to feed a family of 4 including a turkey and all the things that go with it is only $50 per family. You can either mail a check made payable to Lawyers Fighting Hunger and send to my office. You can also donate online by going here: https://www.lawyersfightinghunger.org/donate Our event will again take place in the parking lot of the Blue Dome on Saturday November 16th. If you are interested in volunteering, please send me an email to hugh@sm-oklaw.com

DONOR LEVELS:

Platinum Sponsorship ($5,000):

Logo on the banner, logo on t-shirt, name included in press releases, social media posts, and clickable link on the Lawyers Fighting Hunger website

Gold Sponsorship ($2500)

Logo on T-shirt, name included in social media posts, and clickable link on the Lawyers Fighting Hunger website.

Silver Sponsorship ($1000) Name on t-shirt

Bronze Sponsorship ($500) Name on t-shirt

Sincerely, Hugh M. Robert
 Sherwood, McCormick & Robert 28 Tulsa Lawyer


Grapevine N e ws Randy Lewin of Moyers Martin LLP was voted by the University of Tulsa law students as the “Outstanding Adjunct Professor 2019”. Randy, who has taught at the law school since 2004, teaches Legal Research and Writing as well as Appellate Advocacy, Professional Responsibility and Interviewing, Counseling and Negotiations.

2019. While pursuing her Juris Doctor, she served as editor-inchief of the American Indian Law Review, held leadership positions in the Board of Advocates and the Organization for Women in the Law, was named to the National Order of Scribes, and worked as a Court Appointed Special Advocate (CASA). Micah G. Mahdi is a corporate lawyer whose practice encompasses a broad range of commercial and business transactions, including real estate sales, acquisition, McAfee & Taft, the state’s largest law firm, has announced the development, and leasing matters. While addition of J. Cooper Davis, Allison Meinders Harvey, Katelyn attending the University of Oklahoma College M. King, Alyssa N. Lankford, Micah G. Mahdi, Hayley Blair of Law, the honors graduate was a member Myers, and Collen L. Steffen as new associates. of the Oklahoma Law Review, served on the J. Cooper Davis is corporate and tax Dean’s Leadership Council and Dean’s Committee on Diversity & lawyer who represents clients of all sizes in Inclusion, served as president of the Black Law Student Association a broad range of business matters, including and was named the 2018-2019 Southwest Region of the BLSA entity formation and structuring, mergers and Chapter President of the Year, and was honored with the 2019 Joel acquisitions, divestitures, transaction financing, Jankowsky Award. and business and transaction taxation. He also Hayley Blair Myers’s business and advises tax-exempt organizations on legal litigation practice is focused primarily on and business matters specifically applicable to nonprofits. Davis issues affecting the healthcare industry, graduated with highest honors from the University of Oklahoma including regulatory compliance matters, dayCollege of Law in 2019, where he was awarded the Nathan Scarritt to-day business operations, HIPAA compliance Prize for the highest academic record in his graduating class. and health privacy, healthcare transactions, Allison Meinders Harvey is and related litigation. While pursuing her Juris a transactional lawyer whose practice Doctor, the 2019 graduate of the Vanderbilt encompasses the areas of business transactions University School of Law was a member of the law school’s Health and financing, real estate, and tax law. The Law Society, worked as a legal intern for a Texas-based health Woodward, OK, native graduated summa cum system, and was the recipient of the Dean’s Leadership Award, laude with her bachelor’s degree in accounting Chancellor’s Law Scholarship, and Weldon Wilson Scholarship. from Oklahoma State University in 2016 and Collen L. Steffen is a transactional devotes a portion of her practice to representing lawyer whose practice encompasses a broad individuals and families in family wealth and range of corporate and business matters, estate planning matters. Harvey graduated with highest honors including mergers and acquisitions, oil and gas from the University of Oklahoma College of Law in 2019. transactions and real estate law. The Kansas Katelyn M. King is a trial lawyer native graduated summa cum laude with his whose state and federal litigation practice bachelor’s degree in finance from Oklahoma involves the resolution of a broad range of State University in 2016 and with highest disputes, including products liability defense, honors from the University of Oklahoma energy and oil & gas litigation, and other College of Law in 2019. While in law school, he served as complex business and commercial litigation. editor-in-chief of the Oklahoma Law Review, was honored with She graduated summa cum laude from the the Oklahoma Bar Association’s Outstanding Senior Law School Oklahoma City University School of Law Student Award., and was named to the Order of the Coif, Order of in 2019, where she was a Hatton Sumners Scholar, a member of the Barristers, and National Order of Scribes. Oklahoma City University Law Review, and the recipient of 13 CALI Awards for academic excellence. Alyssa N. Lankford represents management in all phases of labor and employment law and litigation and devotes a portion of her practice to the resolution of continued on next page... complex business and commercial disputes. Lankford graduated with distinction from the University of Oklahoma College of Law in Tulsa Lawyer 29


GableGotwals is pleased to announce four new associates joined the Firm in Oklahoma City and Tulsa. Gerard D’Emilio is an associate in the Oklahoma City office of GableGotwals, where his practice focuses on litigation. A former Gable Summer Associate, Gerard clerked for the Honorable David L. Russell in the United States District Court for the Western District of Oklahoma before joining the Firm. He also served as a Judicial Extern for the Honorable Robert E. Bacharach in the United States Court of Appeals for the Tenth Circuit. Gerard graduated first in his class from the University of Oklahoma College of Law. At OU Law, he served as an Articles Editor on the Oklahoma Law Review, a member of the National Moot Court team, a Dean’s Leadership Fellow, and President of OU Law’s chapter of the Federal Bar Association. He received his bachelor’s degrees in politics and vocal performance from Oberlin College in 2012, and his master’s degree in vocal performance from Westminster Choir College in 2014. Prior to law school, Gerard enjoyed a career as a professional opera singer. Scott Kiplinger is an associate in the Firm’s Oklahoma City office, where he previously worked as a Summer Associate. His experience includes assisting in defending a large nuisance case and working on a number of employment matters and contested wills. Scott received his J.D. from the University of Oklahoma College of Law where he received numerous honors, including designations on the Dean’s Honor Roll each semester. He also served as an Editor of the Oil and Gas, Natural Resources, and Energy Journal. Scott received his B.A. from the University of Missouri. In addition, he served in the Army and the Oklahoma Army National Guard from 2007-2018 and was deployed to Kandahar and Kabul as a Field Artillery officer. Joya Rutland is an associate in the Tulsa office of GableGotwals, where she previously worked as a Summer Associate. Prior to joining the Firm, Joya was a judicial internal for the Hon. Judge David B. Lewis, Vice Presiding of the Oklahoma Court of Criminal Appeals and a kindergarten teacher at Teach for America. Joya received her J.D. from the University of Oklahoma College of Law where she graduated with honors. She competed in the American Bar Association’s National Appellate Advocacy Competition and was a member of Phi Delta Phi, as well as the Dean’s Leadership Council. Joya received her B.S. at Oklahoma State University where she was Vice President of the National Pan-Hellenic Council. Ashlyn Smith is an associate in the Oklahoma City office of GableGotwals, where he previously worked as a Summer Associate. His experience includes research and writing in various areas of the law, including tort liability, employee accommodations, attorney-client privilege, and medical marijuana. Prior to joining the Firm, Ashlyn served as a legal intern for the U.S. Attorneys’ office in Jacksonville, Florida. He is also an Air Force veteran and a reservist in the Oklahoma Air National Guard. Ashlyn graduated from the University of Oklahoma College 30 Tulsa Lawyer

of Law, where he is listed on the Dean’s Honor Roll. While in law school, Ashlyn served on the Judicial Committee of the Oklahoma Law Review and earned numerous honors, including the American Jurisprudence Awards in Oil and Gas Environmental Law and Advanced Persuasive Writing. Following graduation, Ashlyn scored in the top 3.5% of test-takers nation-wide on the Multistate Bar Exam. He received his B.A. in Political Science from the University of Florida. He also received an M.B.A. from Oklahoma City University while serving full-time in the Air Force.

Aston, Mathis & Campbell announce that after almost 55 years as a Tulsa lawyer, H.I. Aston is retiring. H.I. began practicing law in Tulsa, Oklahoma in 1965 and during his five decades as a lawyer, he has helped thousands of Oklahomans with their wills, trusts and probates. He has also represented countless clients with personal injury claims. H.I. obtained his law degree by attending night classes at the University of Tulsa College of Law. After graduating and passing the bar in 1965, he began his legal career with the law firm Milsten, Milsten & Morehead. After leaving the firm, he became partners with Byron Todd in Todd and Aston. In the 1980s Mr. Aston decided to go it alone and began working as a sole practitioner, which he continued for over 20 years. He later brought in a partner, Russell Jacobson, with whom he maintained a successful partnership for many years. A celebration of his retirement and his years in the Tulsa legal community is being held at Tulsa Country Club on Thursday, November 21, 2019 from 4:30 – 6:30. To all those who have known H.I., you are invited to drop in and join us in sharing “war” stories and wishing him well in his retirement.

The National Board of Trial Advocacy (NBTA) is pleased to announce that Aaron Bundy has successfully achieved Board Certification as a family trial advocate. The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit from an organization designed specifically to create an objective set of standards illustrating an attorney's experience and expertise in the practice of trial law. Aaron Bundy joins a growing number of trial attorneys that have illustrated their commitment to bettering the legal profession by successfully completing a rigorous application process and providing theconsumer of legal services with an objective measure by which to choose qualified and experienced legal counsel. The elaborate screening of credentials that all NBTA board certified attorneys must successfully complete includes: demonstration of substantial trial experience,submission of judicial and peer references to attest to their competency, attendance of continuing legal education courses, submission of legal writing documents, proof of good standing and passing of an examination. Board Certification is the highest, most stringent, and most reliable honor an attorney can achieve. Board certifications


are the only distinctions awarded by non-profit organizations. The NBTA as well as all board certifying organizations are committed to safeguarding the public’s ability to choose a good attorney. Aaron is a 2006 graduate of the University of Tulsa College of Law. He is a fellow of the American Academy of Matrimonial Lawyers. Approximately three percent of American lawyers are board certified, and Mr. Bundy is a member of a very select group who has taken the time to prove competence in their specialty area and earn board certification. For more information on Attorney Aaron Bundy, please visit: www.bundylawoffice.com and www.nbtalawyers.org

Aston, Mathis & Campbell, PLLC, welcomes Richard L. Hathcoat to the firm. Mr. Hathcoat has been in practice since 1991. He has previously served as an Assistant District Attorney for Tulsa County, but has been in private practice since 1994. Mr. Hathcoat is an experienced litigation and trial attorney, having handled numerous matters relating to construction, breach of contract, products liability, professional liability, and general personal injury negligence cases. He has also represented insurers in first-party claims investigation and "bad faith" cases. Mr. Hathcoat has regularly conducted examinations under oath for some of the largest and most sophisticated national insurers, and defended numerous insured defendants at trial. Mr. Hathcoat’s practice is presently focused on insurance defense, employment and wrongful termination, criminal law, and natural resources law, including title examinations for natural resources producers. He has instructed continuing education classes for insurance adjusters and lawyers, presented various programs for personal and commercial lines insurers, and been a panel speaker for new lawyers entering the natural resources field. He practices in both state and federal courts for Oklahoma and Colorado.

Henry + Dow’s Benjamin Aycock and Amy Cochran participated in the Susan G. Koman’s Race for the Cure. The event was held September 28th with close to 4,000 observers total. Benjamin and his son both raced, Benjamin placing 8th in his age group and 26th overall while his son placed 1st in his age group and 8th overall. The Susan G. Komen Race for the Cure raises money for breast cancer research, access, and cures.

Doerner, Saunders, Daniel & Anderson, LLP welcomes Barry W. Brandon to our Native American Law Group in our Tulsa office. Barry Brandon brings more than 25 years of experience in American Indian law and public policy. He has extensive federal government experience, previously working as a senior federal official. He has served as a lawyer and advisor to numerous Indian Nations and as a consultant to private sector entities seeking to do work in Indian Country. Barry has also served as an expert witness in Indian Law litigation. Prior to joining Doerner, Barry served as founder and president of a consulting company. He provided a broad range of consulting services to a diverse client base that included federally recognized Indian tribes, a national financial services association, international and national developers, investors and manufacturers. He also served as senior vice‐president and general counsel to the Seneca Gaming Corporation, one of the United States' largest tribally‐owned resort casinos. In addition, Barry was a partner at an international law firm, where he was a founding member of the firm's American Indian Law and Policy Practice Group. Barry’s public sector experience includes work as chief of staff and general counsel at the National Indian Gaming Commission, deputy director at the United States Department of the Interior, serving in the secretary's Indian Water Rights Office and as a senior trial attorney at the United States Department of Justice. An enrolled member of the Muscogee (Creek) Nation and an adopted member of the Seneca Nation of Indians, Barry received his undergraduate degree in political science from Western Washington University in Bellingham, WA and his Juris Doctorate from the University of Washington in Seattle.

Tulsa attorney, Hugh Hood, was killed in a single vehicle accident in Choctaw County, Oklahoma on Wednesday morning on October 16, 2019. More details will be provided in a future issue of Tulsa Lawyer. If you wish to include a brief statement of remembrance about Hugh Hood for the December issue, please contact Michael Taubman at mptaubman@taubmanlawoffice.com before November 10th. Tulsa Lawyer 31


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OK DOCKETS New Member Benefit!

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OK Dockets is a web service that scans your entire list of state court cases on OSCN for updates multiple times a day. If a pleading is filed, an order entered, or any other manner of update appears on your case's docket, you'll receive an email showing exactly what happened. Updates can be copied to your paralegal, secretary, or associate attorney to ensure everyone in your office knows when an update occurs. OK Dockets also has an online portal showing you the flow of your practice as it happens. All updates from your cases are aggregated in the online portal, which allows you to spend seconds reviewing all of your cases instead of hours checking OSCN. This product was created by local Oklahoma lawyers for the specific problems they found in managing state cases on OSCN. To share what they built with other local lawyers, they are partnering with the Tulsa County Bar Association to give all its members a 10% discount. Sign up at www.okdockets.com and use the code TCBA10.



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