Tulsa Lawyer April 2017
Magazine
Golden Rule Award Trevor Reynolds
2
TULSA LAWYER
In this Issue
A Message from
Matt Farris
April 2017
2016-2017 TCBA President
Law Week 2017
4 Tee Time! Golf Tourney Registration
The Paralegal
9 VP's Corner Anne Keele
10 Law Week Registration 11 LAW WEEK KEYNOTE SPEAKER Tamara
R. Piety
12 Talent Review
6
Trevor Reynolds Golden Rule ~ 2nd Quarter
Golf - Monday, May 15th Sign up now!
13 FREE CLE
15 Paralegals: The Indispensable Profession By Pam Mitchel 16 How to Ethically Use Technology in Your Practice CLE Opportunity! 18 Life as a Paralegal Rhonda Ford
21 Paralegals Around the World-
Beth Nellis By Heather J. Lee, ACP 26 Due Process Revisited By Dan Crawford
27 Estate Planning CLE 28 Grapevine 31 Classifieds
Tulsa Lawyer 1
A Message from the President
Matthew S. Farris Law Day 2017
As many Tulsa Lawyer™ readers are aware, the Law Day was established via a presidential proclamation issued by President Dwight D. Eisenhower TCBA and TCBF annually celebrate Law Day during Law Week by organizing and staffing numerous law on February 3, 1958 which reads, in pertinent part: related events during the last week in April (this year, between April 22, 2017 and April 28, 2017). These “WHEREAS it is fitting that the people of events assist both adults and children from our local this Nation should remember with pride community with legal services and, consequently, help and vigilantly guard the great heritage of the participants to better understand how the rule of law liberty, justice, and equality under law protects their liberties in our society and the critical role which our forefathers bequeathed to us; the rule of law plays in their daily lives. Furthermore, and inasmuch as these events emphasize respect for the rule WHEREAS it is our moral and civic of law and the legal system and its processes, many obligation, as free men and as Americans, participants are exposed to the role of the courts in our to preserve and strengthen that great constitutional democracy.1 heritage, and WHEREAS the principle of guaranteed fundamental rights of individuals under the law is the heart and sinew of our Nation, and distinguishes our government system from the type of government that rules by might alone, … NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby designate Thursday, May 1, 1958, as Law Day. …”
The 2017 Law Day theme is “The 14th Amendment: Transforming American Democracy.” 2017 marks the 150th anniversary of the enactment of the Fourteenth Amendment to the United States Constitution. Ratified on July 9, 1868 and considered one of three Reconstruction Amendments, the Fourteenth Amendment extended liberties and rights granted by the Bill of Rights to former slaves and its text famously contains the Citizenship Clause, the Privileges or Immunities Clause, the Due Process, the Equal Protection Clause, and the Enforcement Clause. Perhaps because the Fourteenth Amendment greatly expanded the protection of civil rights to all Americans,
In 1961, Congress acknowledged this annual day of dedication to and respect for the rule of law by passing a Joint Resolution – now codified in Title 36, Section 113 of the United States Code - designating 1 For example, Judge Martha Rupp Carter will host “Goldilocks May 1 as Law Day, U.S.A. However, Oklahoma will in the Courtroom” during Law Week which annually brings students to the Tulsa County Courthouse for their first exposure to the officially recognize Law Day on April 27, 2017. st
role the court play in the administration of justice.
2 Tulsa Lawyer
it is cited more than any other amendment during the course of litigated disputes. Furthermore, the amendment’s text and the resulting judicial interpretations of the various clauses contained therein is a favorite topic of analysis and discussion by constitutional scholars, law professors and legal commentators. As part of the 2017 Law Day and Law Week celebrations, I have included a tentative schedule of TCBA and TCBF Law Week events below. If you are interested in volunteering to staff one or more of these events, please contact Kevin Cousins or Bethany Lyon at the Bar Center (918584-5243) for the complete Law Week calendar and schedule of events. Law Week Events: • Annual Art & Writing Contest for Students (Tulsa County Bar Foundation) Deadline April 7th, information and forms available at http://www.tulsabar.com/tulsa-county-barfoundation/law-day. • Ask-A-Lawyer: Thursday, April 27, 2017 from 9:00am-9:00 p.m., for more information contact Dan Crawford, Crawford Law Office at 539-664-4289 • Immigration Clinic - Saturday, April 22, 2017 at Redemptive Word Church, 1055 North Garnett Road Tulsa, Oklahoma 74116, from 10:00 a.m. - 3:00 p.m. • Judge Martha Rupp Carter, “Goldilocks in the Courtroom” event. Riverfield Country Day School students have been selected to participate this year. • Law Day Luncheon: Friday, April 28, 2017 at Hyatt Regency Downtown in Ballroom, doors at 11:30am Special Guest Speaker is Tamara Piety, TU Professor.
Speaking from personal experience, the Ask-ALawyer telethon event is a great way to participate in the Law Day festivities and to directly affect the supply of legal services to Tulsa area residents who are typically unfamiliar with the protection and remedies available to them according to the rule of law. Finally, the Law Week committee assisted in organizing the Naturalization Ceremony scheduled June 16, 2017 at the Federal Courthouse beginning at 11:00 a.m., with the Guest Speaker Remarks delivered by Mayor G.T. Bynum. If you have never attended a Naturalization Ceremony, I encourage you to join me and other TCBA and TCBF representatives and attend the June ceremony. You will not regret it. I hope to see you at one or more of the 2017 Law Day and Law Week events. Sincerely,
Matthew S. Farris TCBA President 2016 – 2017
Tulsa Lawyer 3
Tulsa Lawyer 5 Tulsa Lawyer 5
Trevor Reynolds
2016-2017 Golden Rule ~ 2nd Quarter in this long and honored profession hold on to that sense of clarity of purpose. Simply put, it is the willingness and ability to do the hard things our profession calls on us to do. When those few step forward, they do so to represent those who by circumstances, beyond their control, make mistakes sometimes with horrible effect that leaves them reviled by the community. Those lawyers step forward knowing they will be discounted by that same community. When those few lawyers step forward, they do so to stand in court, knowing that the arguments they make may and probably will be rejected in the present case. But by making those arguments, they make our system of justice better. And in doing so, they make all of us better. When those few lawyers step forward, they do so to turn into the wind of popular opinion, to represent one person. And, in representing that one person, they represent the principle that all of us are entitled to effective assistance of counsel no matter what our station in life.
For the past 18 years Trevor Reynolds has practiced primarily in the area of criminal law rigorously defending his clients and protecting their constitutional rights in both State and Federal courts. Trevor first became interested in criminal law when he was a law student at Drake University. Under the supervision of Professor Bob Rigg, he represented indigent clients in criminal matters through Drake Law School’s clinic program. According to Professor Rigg: Many law students have passed through my clinic during my tenure at Drake. All of them came with a sense of justice. All of them had goals they wanted to achieve in their careers. All graduate and begin their lives as lawyers holding on to those values and sense of purpose. As time goes by, the overwhelming majority of attorneys will make our system of justice better. Of course, all of us will face challenges, both personal and professional. Those challenges will at times dim that sense of clarity we had when we began our journey. It is that sense of clarity in the pursuit of justice that distinguishes some of us. Just a few
6 Tulsa Lawyer
Mr. Reynolds is one of those few rare lawyers. His sense of clarity has made our system of justice more perfect. In doing so, he has served as example for all of us. More importantly, he has made all of us better citizens. I am proud to call him a colleague and a friend.
Stephen Layman, a fellow practitioner, says of Trevor: Neither courts nor clients need a friend; they need a lawyer. It takes smarts to know the difference and spine to put in practice. Trevor Reynolds has both in spades.
GOLDEN RULE
1: capitalized G&R : a rule of ethical conduct : do to others as you would have them do to you 2: a guiding principle Mr. Reynolds is an uncompromising, nononsense litigator who has earned the respect of judges, adversaries, and clients alike in our community, usually by speaking truths they may not want to hear. Trevor’s advocacy is informed and uncompromising, but never disrespectful or dishonest. Whatever the issue, you can be sure that Trevor’s position is based in law and fact, and that the interests being served are not his own. Trevor’s ultimate commitment is to truth, fairness, and the rightful esteem of our profession, all of which take work. Trevor’s career has been a testament to those values, and his moral backbone will continue to shine through when they fall under threat. As a law student several years ago, I needed a mentor. I also needed a friend. I was blessed to find both in Trevor Reynolds. Frank Frasier, another fellow practitioner, adds: Trevor is courteous, genteel, and a zealous advocate for his clients. With the main focus of his practice in criminal law, many of us know this can be difficult for the best of us. Without question, Trevor’s quick wit and ability to see the lighter side of things make practicing with him always interesting and entertaining.
demeanor in court and knowledge of his practice allow me to feel privileged to work with him and to consider him a genuine advocate. Trevor earned his B.A. from the University of Texas, El Paso, in 1996 and his J.D. in 1999 from Drake University, where he received the Howard Fellowship for Indigent Criminal Defense. He was admitted to the Bar of the State of Iowa and the U.S. District Courts for the Northern and Southern Districts of Iowa in 1999. In 2002, he was admitted to practice law in Oklahoma, the U.S. District Courts for the Western, Northern, and Eastern Districts of Oklahoma, and the U.S. Court of Appeals for the Tenth Circuit. He is a member of the Iowa and Oklahoma Bar Associations, the Tulsa Criminal Defense Lawyers Association, and a former member of the Iowa Association of Criminal Defense Lawyers. Trevor served as the 2011 President of the Tulsa County Criminal Defense Lawyers Association. He is also a member of the Criminal Justice Act panel for the Northern and Eastern Districts of Oklahoma making him eligible for appointment by the federal court to represent those who are unable to retain counsel for financial reasons. Trevor currently has his own practice and offices at the Frasier, Frasier & Hickman Law Firm.
When he’s not working, Trevor enjoys spending Finally, Barbara Carson, a longtime friend, time with his wife of fifteen years, Beth Reynolds, a practitioner, and colleague of Trevor’s, says: staff attorney at the Oklahoma Court of Civil Appeals, and his four year-old son. For recreation, he’s a very For over a decade it has been my privilege accomplished snow skier and fly fisherman. to count Trevor Reynolds as a true friend and a staunch colleague. We have travelled many paths Congratulations to Trevor Reynolds, of law and life together and through it all he has the 2nd Quarter Golden Rule Award always been beneficent in all aspects. Though we recipient, for exemplifying the attributes for practice in different fields, he has never faltered in which this award is given. providing me with help or assistance and readily accepts advice or counsel offered to him. His
Tulsa Lawyer 7
Custom solutions. Crafted for you. We understand the complexity of your financial needs. That’s why we have created the Law Financial Solutions Package — a portfolio of custom solutions designed specifically for attorneys. Discover how our concierge level service can accommodate all of your business and personal financial needs. Lauren Allen NMLS ID# 568839
• • • • • • • • •
Custom Mortgage Solutions Higher Loan-To-Value with No PMI for Residential Loans Home Equity Loans Practice Buy-In Loans Unsecured Lines of Credit Stock Secured Lines of Credit Trust and Wealth Management Services IOLTA Accounts Premium Deposit Rates
midfirstprivatebank.com/law-tu 918.293.6891 Member FDIC
8 Tulsa Lawyer
VP's Corner Ann Keele, 2016-2017 HAPPY SPRING EVERYONE! There are several notable days to observe this month: April Fool’s Day (1st), Passover (10th), Easter (16th), Earth Day (22nd), Holocaust Remembrance Day th (24 ), and Administrative Professionals Day (26th). It is also the month of the dreaded personal income tax filing deadline (18th), which just happens to fall on my birthday this year. Woohoo. We celebrate Law Week this month as well, and April is Child Abuse Prevention Month. Here are some ways to stay involved with TCBA and our community:
Tax deductible monetary donations are also accepted, if you prefer.
Please join us for the YLD Trivia Night on April 6 starting at 5:30 p.m. to 8:00 p.m. at TU College of Law (in the Pit). Individual tickets are available for $25 per person, and additional Mulligans are $25 each or 5 for $100 (limit 5 per table). Contact YLD Chair Natalie Sears if you would like to purchase tickets or need more information. natalie@monroekeele.com
Lastly, thank you to those who donated baby food for the Lawyer’s Fighting Hunger Live Local, Give Local Spring event. We appreciate your support!
Our very own TCBA member, Barbara Sears, is now President of a new non-profit organization to help families in need of legal services. Oklahoma Family Legal Advocates is a 501(c)(3) that uses legal and social support advocacy to help families facing problems that put children at risk of entering foster care. If you are interested in helping, then they are looking for volunteers and tax deductible donations. You can learn more at okfla.org or call Barbara at (918) 551-6275 for more information.
I hope to see you at the TCBF Law Day Luncheon on April 28! It should be an interesting program, as always. Many thanks to Judge Daman Cantrell, Judge Martha Rupp-Carter, and Jim The TCBF Law Day Luncheon will be Gotwals for your hard work towards making Law held on Friday, April 28. The featured speaker Day excellent again this year. will be TU Law Professor Tamara Piety. Also, the TCBA Children and the Law Committee has joined forces with Emergency Infant Services for their Citywide Baby Shower! We are gathering diapers, baby wipes, formula, clothing, and gently used strollers, car seats, packn-plays, and high chairs. If you would like to participate, then you may contact Brittany Littleton at brittany@littletonlegal.com or call her at (918) 608-1836. The TCBA Center will be a collection site, so feel free to drop off your donations there. This project will run through April 20. Come on, grab an extra item at the store, or clean out your child’s closet and donate them to a great charity.
More LAW DAY information & resources for attorneys, judges and educators is available at http://www.americanbar.org/groups/public_education/initiatives_awards/law-day/ law_day_dialogue_2017.html
Tulsa Lawyer 9
LAW WEEK KEYNOTE SPEAKER
Tamara R. Piety Ta m a r a R . P i e t y i s t h e a u t h o r o f Brandishing the First Amendment, as well as numerous articles and essays about commercial and corporate speech.
Her most recent articles include “Why Personhood Matters,” in Constitutional Commentary and “The First Amendment and the Corporate Civil Rights Movement” in the Journal of Business and Technology Law. She has been a contributor to Scotusblog on the McCutcheon case and on Concurring Opinions' post on the 5th Anniversary of the Citizens United decision and been given a number of interviews for print and broadcast media on the topic. In spring 2015 she was a Senior Research Scholar in Law at Yale Law School and a Visiting Scholar in Residence at the Information Society Project at Yale Law School. She teaches a variety of litigation-related subjects including (currently) Evidence, Expert Evidence, and Remedies. Her professional affiliations include Scientific Board, Free Speech for People and the Yale Law School's Information Society Project. Education: LL.M., Harvard University J.D., University of Miami B.A., Florida International University
law.utulsa.edu
Tulsa Lawyer Advertising • • • • • •
Business Realty Food & Entertainment Services Classifieds For Sale
Contact the TCBA at 918.584.5243 Ext. 240 jodyg@tulsabar.com
Tulsa Lawyer 11
The Public Interest Board hosted the 2017 TU Law Talent Show at the Greenwood Cultural Center on Thursday, March 2, 2017. Silent auction proceeds benefit TU Law students.
TCBF Capital Campaign On behalf of the Capital Campaign Committee, The Tulsa County Bar Foundation would like to Thank You for your investment in Your Bar Center’s future!!! The exterior of the building has been completed. If you have not seen the Bar Center in the last few months I encourage you to stop by, get out of your vehicle and walk around so you can see how good the building looks.
Next, we will begin the planning and design of the interior renovation. No significant improvements have been made to the Bar Center in more than 20 years. We are still raising funds. Please remit the balance of your pledge. If you have not made a pledge or donation contact Chad McLain at 918-359-6600.
12 Tulsa Lawyer
The Bar Center will be Closed Friday
April 14th for
Good Friday
Tulsa Lawyer 13
Something to Reflect On... “Certainly, life as a lawyer is a bit more complex today than it was a century ago. The ever-increasing pressures of the legal marketplace, the need to bill hours, to market to clients, and to attend to the bottom line, have made fulfilling the responsibilities of community service quite difficult. But public service marks the difference between a business and a profession. While a business can afford to focus solely on profits, a profession cannot. It must devote itself first to the community it is responsible to serve. I can imagine no greater duty then fulfilling this obligation. And I can imagine no greater pleasure.” --Justice Sandra Day O’Connor, 78 Or. L. Rev. 385 (1999)
14 Tulsa Lawyer
Share your
news with Grapevine. Weddings & Births Graduations Promotions Location Changes Grapevine is an easy way to get the word out! Send to tulsabarnews@yahoo.com
Paralegals:
The Indispensable Professionals By Pam Mitchel
What is a legal assistant/paralegal?
Education Opportunities
The ABA’s definition: “A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.”
Did you know the ABA has over 40 years of approving Paralegal Programs across the nation?
Professional Responsibility
Currently The University of Tulsa’s Post Degree Certificate in Paralegal Studies Program is the only ABA approved Program in the Tulsa Area. (TCC is in the final ABA approval process) Two National Associations NALA and NALS headquarters are located in Tulsa. Each Association offers criteria for “Certification”.
Local Paralegal Associations such as the Tulsa County Bar Association Paralegal Section, TAPA: Did you know the ABA provides guidelines for NALA’s Tulsa Chapter and NALS of Oklahoma Paralegal Professional Responsibilities? They include: Tulsa Chapter provide opportunity for paralegal professionalism guidance and networking. • Clients must understand who the attorney is and who the Paralegal is. Types of Academic Programs include An • Attorneys must remember that no matter how Associate Degree Program, Baccalaureate Degree educated and experienced the paralegal; they are Program, Certificate Programs and Master’s Degree not licensed to practice law. Programs. Did you know the ABA provides guidelines for Utilize Paralegals. the Utilization of Paralegals? They include: “Guideline 2: Provided the lawyer maintains responsibility for the work product, a lawyer may delegate to a paralegal any task normally performed by the lawyer except those tasks proscribed to a nonlawyer by statue, court rule, administrative rule or regulation, controlling authority, the applicable rule of professional conduct of the jurisdiction in the lawyer practices, or these Guidelines.”
Pam Mitchel Paralegal Program Director The University of Tulsa www.americanbar.org/groups/ paralegals.html The Paralegal’s Guide to Professional Responsibility
Tulsa Lawyer 15
Paralegal Online Resources
nala.org paralegals.org aapipara.org The TCBA welcomes Paralegals & Legal Assistants to be an active part of our membership.
Thank you for your committment to the legal profession!
Life as a Paralegal By Rhonda Ford
I didn’t exactly seek out a career in the legal profession- I was looking for a way to get out of as many classes as possible during my senior year of high school. We had a school/work program in which a job could be substituted for certain classes. I was ALL for that! When the program director told me she was sending me on an interview with a law firm, I had no idea what to expect. The only lawyer I could relate to was Atticus Finch in To Kill a Mockingbird which I remembered watching with my grandmother one night during a visit. I got the job and the firm became my second home for the next year. This lead to many more years in various roles following graduation.
At Wilkinson, Carmody & Peatross in Shreveport, Louisiana, at age 18, not only was I the stand-in for the receptionist, I made copies, processed all of the mail, updated and inventoried a large library. I ran numerous errands and even picked up a couple of the senior partner’s 12 kids from school and taxied them to tennis or sports lessons, navigating the streets with my boss’s 1970’s bright blue Lincoln which seemed like the size of a tank. One afternoon, I was called in to the conference room to meet with one of my bosses which was like being called into the Principal’s office. There, in the middle of the table, was one of the most beautiful birthday cakes I had ever seen- my first since I was 9 years old. So, the firm was like my second family, and I have always cherished those memories and learning experiences for what would be the start of a long career path. I can also proudly say that I “paid” my dues before reaching my goal as a paralegal. After working with, and for, so many individuals over the years, I have come to know that a legal career is not only demanding, but also can be extremely stressful at times. Sorry lawyers, but some of you are just downright difficult to work with! And so far, a Mind Reading app hasn’t been developed yet. Most of my career has been in litigation which adds even more fuel to the fire. Deadlines, procrastinators, and inexperienced novices do not make a good mixture. It is absolutely necessary to develop a thick skin when working in Law. As Tom Hanks said, “there’s no crying in baseball.” Or law offices for that matter. In making the switch from secretary to paralegal, I was hired as a paralegal “trainee” by a large law firm in Oklahoma City while I was attending Legal Assistant classes . In the certificate program at OU, I took Civil Procedure, Ethics, Legal Writing, among other classes. So, I was ready to go, right? Well, sort of. I was actually hired to Bates stamp discovery documents. Not just a few documents, but thousands of documents,with an old-fashioned Bates stamp and a pad of black ink. I wore an old shirt so I wouldn’t ruin my clothes. Weeks later, I was promoted out of the stamp-
18 Tulsa Lawyer
ing position, became more active in the discovery my second child was approaching the end of elemenprocess and eventually managed the database for all of tary school, I received several short-term paralegal asthe documents. I would do it all again. signments working on large litigation projects at various firms and companies. I was able to ease myself And, while being a paralegal can be stressful back into it while helping my kids with school and carand overwhelming at times, there are also lots of posi- ing for a terminally ill parent. tives. I like to think of it as a job within a job and an environment that offers constant learning experiences. I always encourage new paralegals or those Not many professions enable one to learn about how who are in the beginning stages of careers, to join a a fully-integrated dairy operates or how an electrical professional organization for paralegals, and have engineer conducts testing of different products without really enjoyed being part of the Tulsa Area Bar Assoactually working those jobs. And there is nothing like ciation’s paralegal section. the satisfaction of being part of a team, winning a trial, or comforting a frightened client. Even though there So, while the legal profession can be overare lots of law firms and lawyers, it really is a small whelming at times, for me, it has been rewarding and community. interesting at best. Paralegals help lawyers succeed and are excellent liaisons for communicating with During my career, I also became a mother. This clients and others, while keeping costs manageable. became my fork in the road moment. At that particular But, let’s not tell my son, who is an attorney, that some time, lots of women were chastised about staying home people think lawyers can be difficult! with their kids and as a mom, you were encouraged to work and “bring home the bacon.” Not that I mind- Rhonda L. Ford | Paralegal ed working, but the truth is, I really wanted to Global Commercial Transactions be at home with my two children and planned to return to work eventually. Luckily, I also had a choice Baker Hughes | Legal at the time. I was also able to finish my bachelor’s Global Legal Services / Global Commercial Transactions degree and completed the paralegal program. Yes, I did think about law school. Lots of us think about it and do actually pursue that path. Personally, I enjoy being a paralegal and my goal at the time was to work and be there for my children as much as I could. When
20 Tulsa Lawyer
PARALEGALS RTW Find out what paralegals are up to 'round the world. Profile: Elizabeth H. Nellis, ACP
By Heather J. Lee, ACP paralegalsrtw.com
This article was originally published by Paralegals RTW on November 10, 2015. Paralegals RTW is a blog featuring paralegals from around the world, and highlighting the unique opportunities the legal profession can hold for individuals regardless of their location. If you would like to be spotlighted or know of someone that should be spotlighted on the blog, please feel free to contact heather@paralegalsrtw.com. I was introduced to Elizabeth H. Nellis, ACP, through the Leadership Enhancement and Preparation (LEAP) program at the National Association of Legal Assistants (NALA) in 2013. I was one of the lucky individuals in the program, because she served as mentor to my team, and continues to mentor me to this day. She currently is employed by Legal Aid Services of Oklahoma, Inc. as a paralegal embedded at the Tulsa, Oklahoma District Courthouse, and is assigned to the Courthouse Assistance Program for the Forcible Entry & Detainer (eviction) Docket conducted by Judge Millie Otey. Elizabeth is a NALA Certified Paralegal (CP) and a NALA Advanced Certified Paralegal (ACP) in Social PRTW: Why did you choose the paralegal profession? Security Disability. EN: As early as I can recall I was fascinated by the law, In her spare time, Elizabeth is an active member of partially because my father was a licensed Bondsman several professional associations including, the National and our dearest family friend was an old-time country Association of Legal Assistants Paralegals (NALA); the lawyer. Oklahoma Paralegal Association (OPA, Co-founder); the Tulsa Area Paralegal Association (Charter Member PRTW: Tell me about someone who has influenced & two-term Past-President); and the Tulsa County Bar your decision to become a paralegal. Association, Paralegal Division (Charter Member) & Pro Bono Committee Member. She also serves as a EN: Several attorneys and a paralegal in the Oklahoma City Legal Aid office (where I was working as a legal Regional Director on the NALA Board of Directors. secretary) encouraged me to apply to a new paralegal program at the University of Oklahoma Law School-that started me on the path to success and I will be forever grateful to their belief and support in me and my abilities! Continued on page 23 ...
Tulsa Lawyer 21
22 Tulsa TulsaLawyer Lawyer
PRTW: What skills should a paralegal learn today?
PRTW: What do you find most challenging about EN: Technical skills are critical, and developing and being a paralegal? improving Soft Skills is essential! Do not neglect EN: Remaining current and relevant. basic skills such as reading, writing and arithmetic (3 R's) and mechanical skills to operate office equipment because computers "crash" and support staff may not PRTW: How do continue to do your best work in light of these challenges? be available. EN: By continuing to learn! I am constantly attending PRTW: What do you find most rewarding about CLE events, I am a member of the University of Tulsa College of Law Paralegal Program Advisory Board being a paralegal? and the Tulsa Community College Paralegal Program EN: Client contact! I especially enjoy assisting the Advisory Board so I am fortunate to learn about the attorney to successfully resolve the client's legal latest trends in education and the profession. I also problems. conduct live webinars for NALA (several times each year relating to separate topics). PRTW: What advice would you give someone interested in choosing the paralegal profession? PRTW: Please name a highlight in your career. EN: In addition to perfecting your hard occupational EN: It occurred recently at the Annual TCBA Awards skills, you should develop and improve your Soft Skills. Luncheon! My mentor, Judge Millie Otey, received Also, I would advise someone to join a professional an extremely prestigious award. In her typical modest organization, even as a student, because of the fashion, instead of basking in the limelight, she requested networking opportunities. that the honor bestowed upon her instead be given to her pro bono volunteer attorneys. She made an additional PRTW: What do you think will change in the request that I also be recognized and honored as her paralegal. This was an unexpected and life-changing paralegal profession in the next five years? moment for me especially considering my Legal Aid EN: The acceptance and actual use of the “LLLT’s,” Services Director and my first Tulsa employer (now a Limited License Legal Technicians. retired Judge) were in the audience. PRTW: What might someone be surprised to know PRTW: What was your educational path? about you? EN: I am a graduate of the University of Oklahoma EN: Most people know I love animals, but would be College of Law Paralegal Studies Program. surprised to learn that I have trained in falconry in both the United States and Scotland. PRTW: How do you deal with stressful situations?
PRTW: What did you do to obtain your CP and ACP EN: I ride my horse, “Nemo.” certifications? EN: I successfully completed the NALA voluntary PRTW: Have you ever been published? examinations. EN: Yes, I have wrote an article entitled The Tulsa District Courthouse Assistance Program, which PRTW: How have these certifications helped you in appeared in the Tulsa Lawyer magazine in 2013. In 2013, The Courthouse Assistance Program, was also your career? published in NALA’s Facts & Findings magazine. EN: Besides instilling confidence in my education and skills and the recognition and respect of my peers in the legal community, I have discovered that when PRTW: What is the best book you have ever read offered employment or an opportunity to assist in and why? the community, the NALA certifications make the EN: A Dog’s Purpose by Bruce Cameron because difference in being hired or invited to participate. the perspective on life is especially meaningful to me personally. PRTW: What legal blogs do you read? PRTW: Do you have a professional mentor? EN: Yes. The Paralegal Mentor. PRTW: What legal podcasts do you listen to? EN: Legal Talk Network--Paralegal Voice.
EN: Yes, Judge Millie Otey.
Continued on page 24... Tulsa Lawyer 23
PRTW: Do you feel mentors are important to your sometimes long, depending on the caseload. In 2014, success as a legal professional? Judge Otey personally handled over 23,000 cases, she an extremely efficient streamlined procedure but EN: Absolutely! Mentors’ experience and guidance has there is very little "down time.” Once Court concludes I are essential not only professionally but personally have LSC reports to complete, messages to review and to my growth but in maintaining and improving my address, and before I realize it, it's time to begin againrelationships with the entire legal community. -I love it! PRTW: Are you a mentor to someone in the paralegal profession?
PRTW: Are you regulated by an oversight agency?
EN: Yes. While serving on the NALA Board I was fortunate to become a mentor to several paralegals who were participating in the Leadership Enhancement & Preparation Program (LEAP). I also mentor several local paralegals who are members of the local NALA Affiliates.
EN: Yes, the Legal Services Corporation in Washington, D.C.
PRTW: If you could change one thing about the paralegal profession what would it be, and why?
EN: Civil Litigation.
PRTW: The United States offers many career options for paralegals to specialize in. Specialties can range from elder law to technology law to criminal law and more. What is your specialty?
EN: I would improve the utilization of paralegals so PRTW: Why did you choose this specialty? they could use their knowledge and skills to their full EN: I feel this speciality is full of possibilities and capacity and be recognized as true professionals. opportunity. PRTW: If you weren't a paralegal, what would you PRTW: Have you ever worked in other specialties? be doing instead, or what would your life be like? If so, what were they? EN: I would most likely be a veterinarian. EN: Yes. After leaving the Public Sector, and residing in Oklahoma, a natural choice for me was "oil & gas." PRTW: What is a “typical day” like in your shoes? I was fortunate to be selected to specialize in multiEN: I try to exercise with my dog early each morning district litigation (Federal) and antitrust litigation. to relax before working from home reviewing and addressing messages. PRTW: Why did you change specialties?
EN: I was becoming too specialized and when the The rest of the morning I process reports and documents cyclical downturns occurred (very routine in oil & gas for Legal Aid, NALA, or local paralegal organizations practice), I needed to expand my skills and marketability. projects and often I am a member of a training team that conducts events at private law firms or at the TU Law PRTW: In the United States, paralegals can be School. employed in either the private sector or the public sector. What sector are you currently employed in? The FED docket is conducted each afternoon (except Wednesday) so once I organize my notes and the EN: Public Sector. docket is called I begin to conduct intake interviews to qualify tenants/defendants for pro bono legal PRTW: Do you believe paralegals employed in each assistance. I team with the pro bono attorneys while of these sectors possess different skill sets and if so, he/she prepares the case and during the negotiations what are they? with the private landlords, attorneys for corporate real estate management or Tulsa Housing Authority. EN: Yes. In my experience, I have only noticed a Normally, there are several "bench trials" during the difference in billing practices. week and I assist the pro bono attorneys with each of them. Judge Otey concludes each case on the assigned Elizabeth can be reached via email at court date, rarely continuing a case, so the hours are bnellis@sbcglobal.net.
24 Tulsa Lawyer
SECTION CHAIRS ADR/Mediation Bankruptcy
Ron Gore Paul Thomas
Corporate
Vacant
Criminal Law
Marvin Lizama
Employment Law
Stephan Mecke Bill Searcy
Energy & MineraLaw
Anita Anthony
Family LawÂ
Maren Lively
Health Law Immigration Law
Donna De Simone Philip D. Hixon David Sobel Catherine Coulter
Juvenile Law
Ivan Orndorff
Litigation
Aaron D. Bundy M. Shane Henry
Municipal Law
Steven L. Oakley
Paralegal
Debra Baker
Probate/Estate/Elder
Riley Kern
Solo/Small Firm
Paul McTighe
Tax
Riley Kern
Technology
Teak Hull
Workers Compensation Young Lawyer
Vacant Natalie Sears
MEMBER BENEFIT
Due Process Revisited Still the Jewel in the Crown of Justice By Dan Crawford
Back in 2011, I wrote a short article for the Tulsa Lawyer magazine entitled Due Process: The Jewel in the Crown of Justice. It was my contention then that ‘Due process’ is the greatest of all human rights, for it guarantees all the others. It was my intention back in 2011 to generate interest and attention to our Annual Law Day program, “Ask-A-Lawyer”. As you know, this is held every year at the OETA studio, who has partnered with the OBA for decades now to make this event happen. The theme this year, “The 14th Amendment— Transforming American Justice” provides us with an excellent opportunity to showcase the very foundation of the justice system. Once again in 2017 we have partnered with the OBA, the OETA and the TCBA to bring this event to Tulsa on April 27, (a Thursday) from 9AM to 9PM. As always, I am looking for volunteer Attorneys to help man the phone lines as well as answer questions by email. (a recent addition to the program) If Due Process can be minimally defined as the
26 Tulsa Lawyer 26 Tulsa Lawyer
‘right to be heard fairly,’ isn’t there a corresponding duty to listen? This is where the Attorneys of Tulsa County can come to the rescue. As I said before in 2011, Due Process is more than a right, more than a time or place; it’s a process and a forum where other rights can be exercised or claimed within. The ‘Ask-A-Lawyer’ program is uniquely poised to create both the process and the forum whereby people can call in for basic legal advice. So here’s what is needed: I am looking for 6 Attorneys per 2 hour shift to answer the phones lines at the OETA studio AND an additional 3 Attorneys per shift to bring their laptop/ iPad to answer questions that are now being submitted via email from the OBA, who acts as a conduit for people asking question by email. Join me by becoming a part of the 2017 Law Day celebration this year! To sign up, email me at LionDC@gmail.com or call me at my office (539)664-4289.
Grapevine News The Tulsa law firm of Atkinson, Haskins, Nellis, Brittingham, Gladd & Fiasco announces that Rebecca J. David has joined the firm as an associate. Ms. David graduated with honors from the University of Tulsa College of Law in 2016, after earning a B.A. in Political Science from the University of Oklahoma in 2012. While in law school, she was a member of the Faculty Honor Roll, and served as Vice President of PAW-Law and Secretary of The Federalist Society. She received CALI awards in Criminal Procedure-Police Practices, American Indian Law Seminar, and E-Discovery. Ms. David is a member of the Oklahoma Bar Association and currently practices in the area of civil litigation, with an emphasis in insurance defense and medical malpractice defense.
28 Tulsa Lawyer
Former Crowe & Dunlevy firm president and current of counsel attorney William G. Paul, a past president of the American Bar Association (ABA), was honored with the Pace/Alexander Award for Lifetime Achievement Feb. 3 in Miami, Florida. Presented annually by the ABA Council for Racial and Ethnic Diversity in the Educational Pipeline, this national award recognizes an outstanding legal professional who has championed significant work to increase the number of racial and ethnic minority students entering a track to become members of the legal profession. Crowe & Dunlevy has a long history of nurturing inclusion and mutual respect among people of diverse backgrounds, a practice Paul helped spearhead during his many years with the firm. While serving as ABA president from 1999-2000, Paul founded the ABA Legal Opportunity Scholarship. He and his wife, Barbara, made an initial contribution of $50,000 to launch the scholarships. Paul’s firm, Crowe & Dunlevy, matched the $50,000 contribution and became the first law firm in the nation to lend support to the program, providing a critical impetus to the initial fundraising effort. To date, 340 racial and ethnic minority ABA scholars have benefited from the financial assistance afforded them by the ABA to further their legal careers. Paul has served as president of the American Bar Association, the American Bar Endowment, both the Oklahoma and Oklahoma County Bar Associations and the National Conference of Bar Presidents. He was inducted into the Oklahoma Hall of Fame in 2003.
Steidley & Neal, PLLC is pleased to announce that Meredith D. Lindaman as a Partner in the firm and Rachel A. Fields and Angel McPherson as Associates in the firm.
Legal Aid Services of Oklahoma, Inc.presents
A SPRING SEMINAR FOR OUR VOLUNTEER ATTORNEYS Tuesday, May 2, 2017 Conference Center, OSU Tulsa, 700 North Greenwood, Room 150 MCLE Credit of 6 Hours
Meredith D. Lindaman
Rachel A. Fields
Angel McPherson
FREE for Attorneys Actively Serving on a Pro Bono Panel To register, go to: www.probono.net/ok/cle AGENDA 8:30 a.m. Registration
The shareholders of McAfee & Taft have elected Henry Hoss as the newest member of its board of directors. He joins Tim Bomhoff, Jennifer Callahan, Stephen Hetrick, Michael LaBrie and Scott McCreary – all of whom were re-elected for another one-year term – as well as managing director Michael Lauderdale on the seven-member board. Hoss is a trial lawyer who practices primarily in the areas of construction litigation and commercial litigation. He has extensive experience representing contractors, architects and owners in construction litigation, arbitration and mediation; manufacturers in products liability disputes; and buyers and sellers in commercial litigation involving the purchase and sale of aircraft. In the landmark case of Christian v. Gray, 2003 OK 10, 65 P.3d 591, he represented a defendant in an action where the Oklahoma Supreme Court adopted the Daubert standards for expert witnesses. His achievements have earned him inclusion in The Best Lawyers in America and Oklahoma Super Lawyers. Hoss holds a bachelor’s degree in mechanical engineering from the University of Oklahoma and is a 1985 graduate of the University of Tulsa College of Law. In 2016, he was honored with the law school’s Outstanding Alumnus Award.
9:00 - 9:50 “Tax Law Affecting Oklahoma Families” Jason Riddle, Legal Aid Services 9:50-10:05
BREAK
10:05-10:55 10:55-11:10
“Veterans Issues Related to Family Law” David Guten, Military Law BREAK
11:10-12:00 “Hot Topics in Family Law: Debunking Myths” Julie Goree, Lauren Lindsey, Kathryn Dunning, Michael Radmilovich, Elaine Dunlap, Legal Aid Services 12.00-1:00
LUNCH (on your own)
1:00-1:50
“Introduction to Immigration Law” Allison Roso, Legal Aid Services
1:50-2:00 2:00-2:50
BREAK “How to Stop Unfair Debt Collection Practices under the FDCPA” Victor Wandres, Paramount Law
2:50-3:00 BREAK 3:00-4:00 “Jury Trials - What All Good Attorneys Should Do and Not Do” Dana Kuehn, Associate District Judge, Tulsa County, Sheila Condren, District Judge, Rogers County, and Shawn Taylor, Associate District Judge, Mayes County –Moderated by Julie Goree, Legal Aid Services
McAfee & Taft has announced the expansion of its Environmental Law practice with the addition of J. Derek Hardberger and Garry L. Keele, II. Derek Hardberger’s practice encompasses nearly every aspect of environmental law ranging from regulatory guidance for existing facilities and guidance for construction of new facilities to environmental litigation. Over the course of his practice, he has developed a business-oriented approach and works closely with not only the environmental leadership of his clients but the business leaders as well. His diverse client based includes chemical manufacturers, refineries, metal equipment manufacturers, food additive manufacturers, electric power plants, aircraft maintenance facilities, waste management companies including landfills, glass manufacturers, oil and gas exploration companies, midstream facilities and mining companies. Hardberger holds an LL.M. with an emphasis in environmental law from the George Washington University National Law Center, a J.D. from the University of Tulsa College of Law, and a B.B.A. in finance from the University of Oklahoma. He
30 Tulsa Lawyer
is a member of the Oklahoma County Bar Association and Oklahoma Bar Association. Garry Keele’s practice encompasses the areas of permitting, regulatory compliance and enforcement, rulemaking, environmental due diligence associated with real estate and other commercial transactional matters, and litigation. He routinely counsels and represents U.S. and international clients on matters related to air quality, water quality, hazardous waste, solid waste and remediation. He also represents clients before regulatory bodies throughout the region and provides support in environmental and energy litigation. Keele earned his J.D. from the University of Tulsa College of Law and his B.B.A., with honors, in Management Information Systems/Marketing from the University of Oklahoma. Keele is a member of the Tulsa County Bar Association and is the chair-elect of the Environmental Law Section of the Oklahoma Bar Association. His achievements have earned him inclusion in Chambers USA Guide to America’s Leading Lawyers for Business and Oklahoma Super Lawyers.
Classified Ads MoreLawSuites.com 406 South Boulder & 624 South Denver 918-582-3993 or 918-398-5678 Virtual Offices Starting at $180
CLUGSTON POLYGRAPH & INVESTIGATING SERVICES FBI National Academy graduate, 25 years law enforcement experience. See our Website at www.clugston-polygraph.com or call (918) 622-7008 for information about our services. Corporate internal investigations, criminal defense, divorce, child custody, loss prevention…. We can help answer your questions.
Mediators & Arbitrators of Oklahoma, LLC Jon Starr * Michael Gassett Scott McDaniel * Jack Crews Mark Smiling * David Wilson Scott Ryan * Robert Coffey, Jr. Mark A. Warman * Truman Rucker Peter Erdoes * Jeff Curran Call (918) 693-7850 to schedule you next mediation
www.tulsabar.com Tulsa Lawyer 31
Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
"The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law." Thirty-fourth President of the United States
PRSRTD STD US POSTAGE PAID Pontiac, Illinois PERMIT# 592
~Dwight D. Eisenhower (1890-1969)