Tulsa Lawyer Magazine August 2015

Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119

PRSRTD STD US POSTAGE PAID TULSA, OK PERMIT #186

Building Our Future

August 2015

T ulsa L awyer M agazine

The Official Publication for the Tulsa County Bar Association, Inc.

D. Kenyon (“Ken”) Williams, Jr.

A Message From the President

WHO AM I? WHY AM I HERE? was the opening statement offered by Vice Admiral James B. Stockdale in the October 13, 1992 Vice-Presidential Debate. Vice Admiral Stockdale and his Presidential running mate, H. Ross Perot, went on to garner 19% of the popular vote in the Presidential election, which was arguably the best performance by an independent ticket in United States election history. But Vice Admiral Stockdale’s rhetorical questions, followed by a poor performance in the debate against opponents Dan Quayle and Al Gore, resulted in a challenging start to the campaign. Stockdale was a last minute addition to Perot’s ticket and had not had an opportunity to discuss political issues with Perot before the Vice-Presidential Debate. This lack of political preparation, coupled with Stockdale’s impaired hearing (which required the moderator to repeat questions) left the country with an

impression of a confused, disoriented and slow witted candidate.

Which was unfortunate, because Vice Admiral Stockdale was anything but confused, disoriented or slow witted. He was a political unknown but one of the Navy’s most-highly decorated officers. After being shot down over Vietnam while flying combat missions, he was held as a prisoner of war and tortured. His outstanding service as a combat pilot resulted in his being awarded 26 combat decorations, including 4 Silver Stars and the Medal of Honor. Before serving as a combat pilot, Stockdale graduated from the United States Naval Academy and earned a master’s degree in international relations from Stanford University. As a result of his torture, Stockdale could not return to flying, but remained on active duty and finished out his career as President of the Naval War College.

Although he did not have an opportunity to serve our country as a Vice-President, Stockdale was a patriot and a military leader worthy of respect and honor. Until he succumbed to death by Alzheimer’s disease, Vice Admiral Stockdale never lost sight of his purpose in life.

Stockdale’s rhetorical questions came to mind as I recently re-read The PURPOSE DRIVEN LIFE (What on Earth Am I Here For?) by Rick Warren. Whether or not you are a person having faith in the existence of God, Warren’s book brings into sharp focus five great benefits of living a purpose-driven life: Knowing your purpose gives meaning to your life.

Knowing your purpose simplifies your life.

Knowing your purpose focuses your life.

Knowing your purpose motivates your life.

Knowing your purpose prepares you for eternity.

For me, our chosen profession is more than just a way to make a living wage. We each, in our own way, have found purpose in what we do, else why do it? Sometimes the hectic pace of practicing law today makes it difficult to keep sight of our purpose. In The PURPOSE DRIVEN LIFE, Warren also suggests some habits to help stay “on track” with your purpose in life: Talk it through with a spiritual partner or small group.

Give yourself a regular spiritual check-up.

Write down your progress in a journal.

Pass on what you know to others.

It seems to me that these suggestions can be applied to an organization as well as to individuals. Our Association’s Committees and Sections provide many opportunities to talk through issues with like-minded attorneys, both similarly situated and from diverse backgrounds.

Our leadership regularly inquires and reviews our programs to see how the organization is doing, even in such direct ways as the Membership Survey conducted this year. We ask our Committees and Sections to provide annual reports on what we have done this Bar Year and for suggestions as to how to do better next year. We try to pass on to incoming leadership what we have learned so that each year the “wheel does not have to be continued on page 2

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President’s letter continued

re-invented.” And we are very proud of our continuing legal education and mentoring programs for law students and new lawyers.

In Proverbs 27:17, the Bible, suggests that “As iron sharpens iron, so one person sharpens another.” In addition to helping each of us keep “on track” with our chosen purpose, our Association provides many opportunities for our Members to “hone” their skills and to learn from each other. With no intention of providing false praise, some of the finest people with whom I have ever associated are found in the ranks of the Members of our Association.

The following quote is attributed to George Bernard Shaw, “This is the true joy in life, the being used for a purpose recognized by yourself as a mighty one; the being a force of nature instead of a

feverish, selfish little clod of ailments and grievances complaining that the world will not devote itself to making you happy.

I am of the opinion that my life belongs to the whole community, and as long as I live it is my privilege to do for it whatever I can.

I want to be thoroughly used up when I die, for the harder I work the more I live.

I rejoice in life for its own sake. Life is no “brief candle” for me. It is a sort of splendid torch which I have got hold of for the moment, and I want to make it burn as brightly as possible before handing it on to future generations.”

It has been my distinct honor and pleasure to serve as President of our Association this year. I hope that you have found 2014 - 2015 Bar Year to be as exciting and fulfilling as have I. Please consider not only renewing your

Energy & Mineral Law Section

Membership for the 2015 - 2016 Bar Year but also consider reaching out to nonmembers. There are far too many benefits to be had from Membership in our Association not to share them with all of our brother and sister lawyers here in Tulsa County.

In closing, I pass the “torch” to incoming President Zach Smith with confidence that he will make the Association “burn brightly” in the coming Bar Year. To all of you who have been so helpful to me this last year, please accept my grateful thanks and encouragement that you continue as you have in the past. And, as always, thank you for your service!

D. Kenyon (“Ken”) Williams, Jr. TCBA President 2014 - 2015

August 20, 2015 A

Annual Meeting & Awards Banquet

CORRECTION: The July issue of Tulsa Lawyer incorrectly stated that Helen Sgarlata, recipient of the TCBA Energy Section’s annual scholarship, was published in the Energy Law Journal. Ms. Sgarlata will serve as the Journal's editor for the 2015-2016 school year, but her article has not been published at this time.

Keynote Speakers: Chief J Justice ustice J John ohn F F.. R Reif, eiff, Oklahoma Supreme Supreme Court &

Chief J Justice ustice Barbara Barbar a A. Madsen, Washington W ashington State Supr Supreme eme Court Visit V isit www www.tulsabar.com .tulsabarr.com to read read mor moree about each of our speakers and make your reservations reservations online!

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August 2015

Utilize Paralegals to improve your profits A paralegal as defined by the American Bar Association 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.”

Benefits of utilizing a paralegal include economic, client satisfaction and retention and lawyer quality of life!

Paralegal work assignments include: • • • • • • • • • • • • • •

Drafting of legal documents Exhibit and obey principles of legal ethics Work as a team member Client intake/interviews Witness interviews Organize and Maintain files Calendar/track deadlines Database Management Court exhibit preparation Investigation of cases Review Contracts Assistance of attorneys in court Assistance at closing and trials Review and organization of client files

How to improve a practice/department?

• Reduce cost and lower clients legal fees by billing out separately • Clients appreciate increased contact your practice/department through your paralegal • The paralegal staff can increase firms ability for more pro bono legal services Pam Mitchell Director of the University of Tulsa Certificate in Paralegal Studies Program A Program approved by the ABA Standing Committee on Paralegals

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The Cubana Chronicles

Semper Fi – A Profile of James M. Sturdivant

By Laurence J. Yadon I told the nuns at age ten that I was going to be a lawyer. At least that’s how my parents told the tale. That might have been an exaggeration, but by 1961, soon after John F. Kennedy was elected president, I knew my fate. From the tiny back yard behind our hand-hewn log cabin five blocks south of the Golden Driller, well before the trees in between had matured, the tops of the tallest buildings in downtown Tulsa were barely visible in the distance.

If things went well, I would practice law there.

Jim Sturdivant made his own decision to become a lawyer that year, if not before, while serving as an infantry officer on active duty in the Marine Corps. He celebrated his fiftieth year at GableGotwal in 2014.

Jim agreed to be interviewed for this article over coffee at the Café Cubana, perhaps with some reluctance, given how our civilian friends Burt Holmes and Clayton Vaughn have recently been treated in these chronicles. We initially talked about two contemporary problems facing the legal profession.

At the same time, Jim added, litigation cost has become an ever more serious problem, particularly for clients in modest financial circumstances. The small claims court is capped at $7500. One reform might be to increase the present Oklahoma small claims court cap from $7500 to $25,000, the small claims limit now authorized in Tennessee. Providing a faster track would enable the litigants to resolve controversies more quickly and cheaply. Faster cheaper litigation would also benefit the bar, perhaps increasing the demand for legal services. These observations eventually prompted me to ask how he decided to become a lawyer.

During his undergraduate years at the University of Oklahoma, he had known and admired Earl Sneed, then dean of the law school. After finishing active duty, Jim returned to Norman, earned his LLB in 1964 then joined the Tulsa firm which became GableGotwals.

Even though the number of law school applicants has dropped from 60,000 to 40,000 over the ten year period ending in 2014, far too many students are graduating from law schools with too few good opportunities to practice law. When Jim began practicing law in 1964 there was one lawyer in Oklahoma for every 417 people. In Tulsa, the ratio was about 450 to one but has shrunk to less than half of that. He estimates that the Tulsa County population has grown 80% in the last 50 years while the number of lawyers has grown 328%.

Jim had developed an early interest in problem solving as the son of a Methodist minister who spent a significant amount of his

time doing pastoral care, helping his flock deal with deaths, family problems and financial burdens. During his time in the Marine Corps Jim began the life-long habit of getting up early in the morning. Of equal importance, he refined those problem solving skills learned from his father learning and applying the Marine five paragraph “SMEAC” order, also used to this day by the Army and Navy Seals. SMEAC is a discipline for analyzing the situation, the mission, execution, administration (logistics) and command (management controls). Choosing the law gave him the opportunity to use those problem solving skills for the rest of his life.

His mentor, Ellis Gable, was a child prodigy whose father was president of the teacher’s college which became present day Northeastern State University at Tahlequah. The younger Gable had been certified to teach high school at age seventeen, licensed to practice law only three years later in 1921 and began his career in Tulsa. During the Depression years, Gable developed an expertise in real estate representing a New Deal federal agency created to help citizens faced with home foreclosure. He established a partnership with Kavanaugh Bush which Charles P. Gotwals, Jr. joined in 1944 after finishing his military service.

And from Ellis Gable, Jim Sturdivant learned an overarching personal standard to which he has been faithful. Gable believed that every lawyer owed a certain amount of time to the profession.

Jim has served the bar and the public in many capacities, but his time on the Judicial Nominating Commission from 1981 to 1987 made a particularly lasting impression. Recently, he penned a Tulsa World article urging that Oklahoma join the twenty-three states in which district judges are appointed in the same manner as appellant judges.

In our conversation, Jim reminded me that the Sneed plan for Oklahoma judicial reform through an appointment system originally included district judges. Perhaps predictably, lawyers statewide except in Oklahoma City and Tulsa resisted it. The opposition was formidable, so the Sneed plan advocates elected to get half the loaf. “We know our judges and want to pick our judges” was the attitude then, but not necessarily now. In the years since, similar judicial reforms in other states have largely been implemented after scandals were uncovered. In the view of this writer, these experiences elsewhere prompt an obvious question.

Why wait for that to happen?

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Volunteers of America Oklahoma has provided services and community outreach for over 20 years from our statewide headquarters in Tulsa and satellite offices in Oklahoma City, Bartlesville, Muskogee and Bernice. Every month, Volunteers of America Oklahoma helps over 2,000 vulnerable Oklahomans become more self-sufficient so they can thrive as productive members of their communities.

Volunteers of America Oklahoma is a Governance Council member and collaborative partner agency on "A Way Home for Tulsa" (AWH4T), a multiagency coordinated response to the continuing and significant need for housing and supportive services for individuals who are experiencing homelessness in Tulsa.

Volunteers of America Oklahoma's Permanent Supportive Housing provides critical housing services in scattered-site, single-occupancy, leased apartments for up to 49 individuals in the Tulsa metro area who are experiencing homelessness and who have a mental illness and/or other disability. Ninety percent (90%) of Volunteers of America Oklahoma's Permanent Supportive Housing service recipients meet the definition of chronic homelessness, which means that the individual has a serious mental illness, diagnosed substance abuse disorder and/or chronic disability, and has been living on the streets or in emergency shelters for a minimum of either one year or four episodes in three years. Other prevalent conditions for individuals experiencing chronic homelessness include developmental disability, PTSD and chronic physical illness.

The Permanent Supportive Housing placement process includes client and case manager collaboration on goals to ensure selfdetermination and to help the individual gain the highest level of self-sufficiency possible. VOAOK's Permanent Supportive Housing provides daily direct support services including transportation, food assistance through the food pantry, life skills coaching, and housecleaning and hygiene supplies, to name just a few.

Case managers regularly meet with clients to discuss progress and challenges, and to support – and often transportation – to partner agencies for mental health, substance abuse, medical, educational and nutritional services. This wraparound, holistic case-management approach creates a safe environment that supports the individual's efforts to gain and maintain mental health stability, sobriety and personal growth. The intent of our services includes restoring dignity and a sense of self-worth for individuals who have been living in shelters or on the street.

Without Permanent Supportive Housing, most of our clients are likely to remain chronically homeless and struggling with untreated mental illness, addiction, disabilities and eventually, an untimely death. Left without treatment and homeless, individuals frequent hospital emergency rooms and are often subjected to incarceration, both at a cost to the community.

Permanent Supportive Housing provides individuals with safe, stable homes and access to healing services, thereby reducing visits to the emergency room, encounters with law enforcement and ultimately, cost to the community. With wrap-around holistic care, individuals are able to focus on changing behavioral patterns, reducing the likelihood of becoming homeless again.

Volunteers of America Oklahoma's Permanent Supportive Housing requires an annual $58,000 match for HUD funding. Volunteers of America Oklahoma continues to seek and request support from a variety of funding sources, including government agencies, foundations, corporations and individual donors, and through our annual Rhinestone Cowboy fundraiser.

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August 2015

Datasmart Computer Investigations Computer Hard Drive Forensic Investigations Cell Phones – iPhones - iPads – Thumb Drives – Cameras Consultation on Cases and Litigation Holds 25 Years Law Enforcement Experience

Tim C. Stadler Electronic Investigations Expert (918)527-0088 investigateok@gmail.com – investigateok@gmail.com

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Professionalism Top Ten Tips #7 - Be a Problem-Solver

By Fred Slicker The April, 2010 Your ABA Newsletter announced a new ABA book entitled “The Busy Lawyer’s Guide to Success” by R e i d F. Tr a u t z a n d D a n Pinnington. The book lists 10 things that lawyers do which most annoy their clients. See previous issues for more and look for the next tip each month.

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• Look for solutions, not delays.

• Focus on shared interests, rather than hard legal positions.

• Evaluate options and alternative solutions.

• Be creative in furtherance of your client’s interests.

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“Out-Nicing” Opposing Counsel

By Barbara Woltz I have now been practicing law in Tulsa for 28 years, as amazingly unreal as that seems, and apparently almost three decades of experience have made me reflect on what episodes have been most meaningful to me. One occasion reflects my own views about professional responsibility and courtesy, and I am pleased in remembering how I handled an encounter with opposing counsel.

I was a young associate staffing a case in which our firm was defending a financial institution accused of allowing money to be misappropriated from an account.

Our client, in turn, brought in several parties as thirdparty defendants, asserting that they were the parties that should be held accountable. I was taking the deposition by subpoena duces tecum of a third party witness whom we believed had information relevant to the case. There were several people in the conference room – me, the witness, plaintiff’s counsel, and separate counsel for thirdparty defendants.

Of course as a young associate, I wanted to do a good job for my client, and I know that I was acutely aware that some of the attorneys in the room were friends of the partner supervising me in the case.This was no problem, except that one of the opposing attorneys, upon entering the conference room, behaved as though he was personally offended by my client’s claim against his client. In other words, he appeared to interpret his duty to be a zealous advocate for his client as requiring obnoxious and hostile behavior toward me.

Before the deposition started, this attorney demanded that I provide him with a complete copy of the documents provided by the witness. I responded that I would provide all the attorneys in the room with a copy of all of the documents that I used as exhibits during the deposition. I said that if he requested a copy of all of the documents that the witness had brought with him, I would, as a courtesy to him, have our firm’s staff make a copy, and I would then bill him at the going rate per page. He continued to demand, loudly and with many gesticulations, that I provide him with a copy of every document that the witness had brought with him. I repeated my offer, eventually he stopped his demands, and we took the deposition fairly quickly. At the conclusion of the deposition, the firm’s staff quickly made a set of all of the deposition exhibits for all of the counsel in the room, and everybody, including the loud, offended attorney, left.

Not long after, my supervising partner came into my office. She said that a friend had called to tell her about the deposition, and he reported to her on the conduct of the angry attorney and my response. He told her that I had “out-niced” the attorney – that I had been unwaveringly courteous in the face of discourteous behavior. My supervising partner made it clear that she was proud of me and the way that I had handled the situation.

The case settled, and I had no further encounters with the obnoxious attorney. I have often wondered what the attorney believed he gained by acting as he did at the deposition. Was his attempt to unnerve me merely a tactical maneuver that he thought would gain his client an advantage in the conduct of the deposition? Did he think that the settlement that was eventually reached was more favorable to his client because he had attempted to be a bully? Did he think that his reputation as an attorney was enhanced? Did his behavior reflect some emotional need on his part to attempt to be viewed as the most dominant person in the room?

I firmly believe that being a zealous advocate does not mean that an attorney has a duty to be rude to anyone – a judge, opposing counsel, an opposing party, or a witness. Assertive, yes; aggressive, yes; forceful, yes; bullying, no; obnoxious, no; rude, no. And, I know that the line between these behaviors can sometimes be less than clear. I would hope that it would be uncontroversial, however, to say that the angry attorney’s behavior was not in keeping with the standards of our profession. My behavior at other times has not always been in keeping with my own standards, and I have regretted those incidents. But, on this occasion, I am proud that I “outniced” my opponent.

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Charitable Trust Information

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Thinking of Joining the 2015-2016 TCBA Lawyer Referral Panel?

Here are a Few Reasons Why You Should: Provide a Public Service and Make a Difference – Lawyer Referral is a public service that matches individuals and businesses looking for legal help with qualified attorneys. This is a great opportunity to provide a positive legal experience.

Increase Your Client Base – Many of the individuals who use the Lawyer Referral Service can afford an attorney, they just need advice on what kind to use. All of our referrals are potential clients for you.

Receive Free Marketing and Gain More Visibility – Potential clients find us through our advertising in the Yellow Pages, in publications, courthouses, libraries etc. This variety of advertising would be expensive for you to do as an individual.

How Does it Work?

The potential client contacts us in person or via internet. We prescreen to determine if legal help is warranted and to help identify type of attorney needed. We recommend attorneys based on the potential Client’s area of legal needs & geographic location.

You are then contacted by our office either by phone or via email with information on the referral. The referral client pays the TCBA a $25 referral fee and you provide the first ! hour of consultation. After that, if you decide to take the case, additional services and fees are arranged between you and your client.

Some Types of Referrals That We Receive Adoption, Civil Rights Violations, Consumer Problems, Contracts, Credit Problems, Estate & Probate, Foreclosure, Bankruptcy, Criminal Actions, Divorce, Employment Law, Landlord/ Tennant, Immigration, Oil & Gas, Workers’ Compensation, Writing a Will, Wrongful Termination and much more! Whatever your practice we can help clients find you!

How Do You Join?

On your 2015-2016 membership form (under miscellaneous items) check the box that states Lawyer Referral Panel and pay the $75 panel membership fee. We will then email the membership packet for you to complete and return to our office. **** If this is your first year on the panel your fee is ! price - $37.50! **** If you have any questions or would like additional information please contact Julie Cook at 918-584-5243 ext. 221 or juliec@tulsabar.com

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August 2015

IMPRISONMENT: TIME FOR A CHANGE

by Doris J. “Dorie” Astle Ph.D., J.D.,Associate Professor of Criminal Justice and Sociology, Southwestern Oklahoma State University, Weatherford, OK [member, Tulsa County Bar Association]

We are in a prison crisis in this country. It is a crisis of economics. It is a crisis of humanity.

At some point the American people have to place demands on elected officials to step beyond party lines and address the real issues of imprisonment. Too many people are incarcerated for non-violent offenses. Yes, drug smuggling, illicit drug manufacturing, distribution, and possession are all serious matters. But they are not solved by locking people away. Imprisonment does not in any way whatsoever reduce the presence of such crimes.

First, there needs to be a greater emphasis on rehabilitation within the communities from which the offenders come. Secondly, there needs to be greater emphasis on preventing persons engaged in illegal activities from entering our country. Third, there needs to be a monumental release of individuals serving long sentences for non-violent crimes from prisons to community treatment programs. Fourth, change the sentencing laws.

Once we identify who actually needs to be imprisoned for the protection of society or effective rehabilitation, then we can through rational analysis and attention to statistics and research determine appropriate sentences.

Modify sentencing laws, federal and state.This is a task that will have to be addressed by a

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cooperation of both major political parties working together.

Eliminate private prisons. Private prisons have no interest in releasing inmates. They make their profits by keeping people incarcerated.

President Obama has commuted the sentences of a number of such drug offenders in federal prisons. Their folders have been carefully reviewed by attorneys, including a bevy of volunteer attorneys, with recommendations for release. It is a serious process to separate those who may pose a violent threat to society from those who pose no violent threat and are serving sentences disproportionate to their offenses.

Judges’ hands are often tied by laws steeped in misguided thinking passed by legislators with political motives; and prosecutors often believe they only succeed in the voters’ eyes if they get the toughest sentence allowed. There must be a re-thinking with emphasis on effectiveness and fairness. And we can never forget that we are dealing with humans who have made mistakes for a multitude of sociological, and psychological, reasons.

The recent federal commutations are a bold move. Others in positions to make changes that work should follow the lead.

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What To Read

The Reckoning

By James Patrick Hunt A review by Michael P P. T Taubmam aubmam

to keep Lee alive, after he is hobbled by gunshot wounds while trying to overthrow their captors, and she vigilantly protects her son, John, from the continuous threats of these hard-nosed, desperate criminals.

As these two sets of characters test each others mettle, more adversaries, enemies and dead bodies come into view. Meanwhile, Mike Prather of the Kansas Bureau of Investigation doggedly pursues the three convicts. Prather and other law enforcement officials closing in, a violent end appears on the horizon as these convicts have nothing to lose by killing everyone or dying in the process.

I had not read a crime novel in years, likely a decade or more, and I forgot how thoroughly engaging their drama and tension can be on a reader. If you didn't know this was fiction, one could imagine this story was ripped from the headlines of the Tulsa World. Hunt presents characters that have you looking over your shoulder as you walk down the streets of Tulsa. The early few chapters slowly draw you into the lives of these characters, until you find yourself locked into Lee's home with them and evaluating your options to escape. The Reckoning is well written and worth your time to read. I look forward to reading more of James Patrick Hunt's works in the future.

I'm told that there's a location on Cherry Street where some of the business, legal, media and political illuminati gather, sharing a cup of coffee and swapping stories. Occasionally, you'll see a man with his books, making notes in a small journal. Before I found this gaggle, I did not know of James Patrick Hunt. I heard from the group that he was a crime fiction author, but I had not read any of his writing.

If memory serves me correctly, it was at Grimes Elementary in the 1970s when I last did a book report, likely adorned with crayon colored pictograms of the book and its characters. It's time for a new book report, albeit without my 64 count Crayola with the built in sharpener. Hunt's work, The Reckoning, landed in my hands, and I found it compelling.

The Reckoning places the reader alongside a family torn apart, yet they are forced together as victims and pawns of three escaped convicts. The story primarily takes place in the Tulsa home of Lee Coughlin, a man whose construction worn, calloused-hands reach through the story to the reader. Lee's relationship with his daughter-in-law, Tracy, is fractured. Tracy blames Lee's adherence to God, Corps, and Country for the cause of her husband's, Drew's, death while serving as a Marine in Iraq, leaving her a single mom of their son and Lee's grandson, John. On the day when Tracy finally works up the courage to tell Lee of her plans to relocate and make a new start for her and John, their paths cross with three escaped convicts.

Lee, Tracy and John become the prisoners of three convicts, trapped inside Lee's home. Richard Billie and Amos Denton, convicted of rape and murder, break Javier Sandoval, a drug cartel kingpin, out of a Kansas prison on a promise of a $50,000 payday if they can get Javier back to his cartel contacts. Richard and Amos leave the rotting corpses of several innocents and former crime associates in their wake, including a prison guard, a carjacking victim, and a car washer, who knocked on the wrong door on the wrong day.

Richard and Amos distrust Javier, expecting he'll abandon them without their $50,000 the first chance he gets. Javier cunningly plots to bring his cartel muscle to bear against his prison cohorts. Tracy fights

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BAR CENTER BUILDING RENOVATION UPDATE FROM YOUR TULSA COUNTY BAR FOUNDATION On behalf of the Capital Campaign Steering Committee, The Tulsa County Bar Foundation would like to recognize the following firms and individuals for their contributions to the TCBF Capital Campaign.

We have raised over $415,000.00 in pledges and receipts.

If you have not made your pledge please make an investment in your Bar Center’s future. construction is well underway. Demolition is complete and the bricks are being laid as you are reading this edition. Encourage lawyers that have not contributed to contact me or better yet, just send in a check.

Benefactor (minimum $25,000.00) Gable Gotwals Tulsa County Bar Association Lou & Connie Miller Charitable Foundation

Conner & Winters McAfee & Taft Hall Estill

Patron ($15,000.00 up to $24,999.00) Barrow & Grimm Frederic Dorwart, Lawyers

Advocate/Memorial Donor ($10,000.00 up to $14,999.00) Joseph W. Morris Allen M. Smallwood Doerner, Saunders, Daniel & Anderson John A. Gaberino, Jr. Jones Gotcher Franden, Woodard, Farris, Quillin & Goodnight

Kenneth L. Brune Moyers, Martin, Santee & Imel Sidney G. Dunagan Rhodes Hieronymus

Sponsor ($5,000.00 up to $9,999.00) James R. Gotwals & Associates Sam P. Daniel American Bank & Trust Graves McLain Henry G. Will Mark W. Dixon

Patrick O’Connor Pray Walker Renee DeMoss Robert B. Sartin William R. Grimm

Master Contributor ($2,500.00 up to $4,999.00) Leonard Pataki Eller & Detrich Hayden Downie Committee to Re-elect Mary Fitzgerald

Drummond Law Riggs Abney Young Lawyers

Contributor ($1,500.00 up to $2,499.00) Georgenia A. Van Tuyl James E. Poe Larry D. Leonard Robert S. Farris Greuel Law Firm

Gary & Jane Clark The Allison Firm, PLLC Honorable William Kellough In Memory of W.I. Williams

**The list of contributor is as of April 6, 2015. If your name was omitted, spelled incorrectly or is in the wrong category/donor level please contact Chad McLain via phone or email.**

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Donor ($500.00 up to $1,499.00) J. Daniel Morgan James R. Hicks Secrest, Hill, Butler & Secrest Steven R. Mackey D. Kenyon Williams, Jr. Deirdre Dexter Kevin Cousins Michael E. Esmond Sandra Cousins Bill McMahon Rogers & Bell Johnson & Jones Debra Cox, Summit Recruiting Smakal, Munn & Mathis David O. Cordell J. Ronald Petrikin James C. Milton James E. Green, Jr. John W. Ingraham

Karen E. Langdon Robert A. Curry Robert J. Melgaard Eric Grimshaw Christina Vaughn Robinett Law Firm Martha Rupp Carter A.F. Ringold Martin Belsky John R. Barker Ken Ray Underwood Gerald Hilsher Judge Glassco Campaign Committee Charles D. Neal, Jr. Slicker Law Firm Ted Sherwood John F. McCormick Hugh Robert Mickey D. Wilson

Other supporters A. Katherine Coyle Cameron Platt Dwight L. Smith Karen Keith Wilkins Kimberly K. Hays M.M. McDougal Andrew R. Turner Martin R. Wing Frank X. Henke, IV Naylor & Williams J. Christopher Davis Robert P. Redemann Melodie Freeman-Burney Sabah Khalaf Patrick H. McCord Shannon D. Taylor R. Kevin Redwine Anne B. Sublett Timothy P. Studebaker Paige N. Shelton Timothy T. Trump Benjamin D. Aycock Adam Keith Marshall Kimberly Moore Waite Daniel Gomez Lauren N. Donald Douglas E. Stall Jennifer Struble Eric W. Stall Matthew Farris Kate D. Thompson William Leach D. Faith Orlowski Tommy Holland Gorospe & Smith Law Firm Robert Martin Grant T. Lloyd Stephen Cubbage Janet Koven Levit Ted Riseling Connally & Associates – special thanks to Tulsa CPA Brian C. Connally

Honorable James O. Ellison Dale J. Billam Phil Frazier Sharon Phillips G. Douglas Fox David R. Cordell Phillips S. Haney Honorable Jane P. Wiseman Stephen Andrew Honorable Carlos J. Chappelle M. Shane Henry Jeff Krigel Law Firm, PLLC Mary Lou Gutierrez Gorospe & Smith Law James R. Elder Norvell Wilson Paul F. McTighe, Jr. Monroe & Keele PC Terence & Jeanette Kern

We still have work to do and still need your pledge.

Please contact me today to get involved. Chad McLain at 918-359-6600 or chad@gravesmclain.com. You should make your check payable to the Tulsa County Bar Foundation and can send it to my office or to the Bar Center.

Chad McLain 1437 S Boulder Ave, Ste 1010 Tulsa OK, 74119-3616

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Tulsa County Bar Foundation 1446 S. Boston Ave Tulsa OK, 74119-3612

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The 2015 TCBA Member Directories Have Arrived!

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August 2015

He has represented more than 20 Indian tribal governments or their entities and numerous corporations and individuals doing business with tribes. He is one of only two Oklahoma general members of the International Masters of Gaming Law (IMGL) and serves as the organization’s treasurer. IMGL recognized McBride with the President's Cup Award in 2011.

He has been recognized by Chambers & Partners in Band 1 for Native American Law and was named a 2013, 2014 and 2015 Star Individual, the highest individual ranking awarded by Chambers. He is listed by Oklahoma Super Lawyers for Indian Law, Gaming, Political Law and Business Litigation. He is also recognized by Best Lawyers for Native American & Gaming Law and as AV rated by MartindaleHubbell.

He is a member of the Federal Bar Association’s (FBA) national board of directors and is chair of the audit committee. He was chair of the FBA's Indian Law Section, the largest Indian law organization in the country, from 2006 to 2008. In 2008, the FBA named him general counsel on the organization's national board of directors. The FBA has recognized McBride with a number of awards, including an Indian Law Section Distinguished Service Award in 2009, an Outstanding Section Chair Award in 2007 and 2008 as well as several service awards over the last decade. The three Inns in Tulsa of the American Inns of Court have also honored Mike with the John S. Athens Award for Leadership and Ethics.

McBride received his undergraduate degree from Trinity University and Juris Doctor from the University of Oklahoma.

Grapevine McDonald, McCann, Metcalf & Carwile, LLP, is pleased to announce that Mary E. Kindelt has been named Partner, effective January 1, 2015. Ms. Kindelt maintains a commercial practice involving both litigation and transactional matters. She is experienced in resolving ownership disputes in limited liability companies and corporations, commercial real estate litigation, commercial bankruptcy and creditors’ rights, and general commercial litigation. In addition, she handles commercial transactions including Uniform Commercial Code matters and business formations. Ms. Kindelt received her undergraduate degrees from the University of San Diego in 2002 and her law degree from the University of California, Hastings College of the Law in 2007. She has been licensed to practice law in Oklahoma since 2007 and is admitted to practice in all Oklahoma federal courts, the Fifth Circuit Court of Appeals and the Tenth Circuit Court of Appeals. _________

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Hall Estill has once again received high marks from the respected law firm and attorney ranking guide, Chambers USA. The publication annually ranks law firms and individual attorneys across the country for their legal knowledge and excellence.

For the eighth year in a row, Hall Estill was ranked in the following practice areas: Corporate/Commercial Law, Energy and Natural Resources, General Commercial Litigation, Intellectual Property, Labor and Employment and Native American Law. “It is always a great honor to have our firm and attorneys recognized for their level of legal expertise by such a revered publication,” Hall Estill Managing Partner Mike Cooke said. “Our many attorneys and six practice areas named by Chambers USA speaks to our broad range of experience and our attorneys’ commitment to providing excellent counsel and service to our clients.”

Individual Hall Estill attorneys recognized for excellence include: Steven A. Broussard, J. Patrick Cremin, Angelyn L. Dale and Elaine R. Turner for Labor and Employment; Mark Banner, James C.T. Hardwick, J. Kevin Hayes and Michael E. Smith for Energy and Natural Resources; Garry L. Keele for Energy and Natural Resources: Environment; Julianna P. Deligans, Philip L. Free Jr., Bill D. McCarthy, Randall K. McCarthy and Michael H. Smith for Intellectual Property; Robert D. Nelon for General Commercial Litigation; and Timothy S. Posey for Native American Law.

Q __________

Crowe & Dunlevy attorney D. Michael McBride III recently received the Mary Townsend Crowe Service Award from the Oklahoma Federation of Indian Women (OFIW). The OFIW Statewide Award Committee selected McBride as an outstanding individual who has gone above and beyond the call of duty to serve and benefit American Indians. He received the award during the OFIW Statewide Awards Banquet held at the Claude Cox Omniplex in Okmulgee, Oklahoma.

McBride serves as chair of Crowe & Dunlevy’s Indian Law & Gaming practice group and is based in the firm’s Tulsa office. A trial, appellate and business lawyer with two decades of experience, he has particular expertise in gaming, federal Indian law, litigation and complex transactions. McBride has tried more than 50 cases to conclusion in federal, tribal and state courts including numerous jury trials. He excels in gaming regulatory matters, “bet the tribe” litigation, tribal government matters, economic development and regulatory matters.

Corporations, investment funds and individuals have hired him as an expert consultant and as an expert witness in multiple federal state court cases to testify on Indian gaming matters.

August 2015

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Kalan Chapman Lloyd is proud to offer the release of These Boots Are Made for Butt-Kickin’, the second in the series The MisAdventures of Miss Lilly, hitting shelves June 2015.

Set in fictional Brooks, Oklahoma and based loosely on the author’s hometown of Tahlequah, Oklahoma, The MisAdventures of Miss Lillyis Southern fiction with hits of romance, mystery and, above all, humor.

Kirkus Review says, “[E]very ingredient has been perfectly measured, and it works. With sparkling wit, Southern charm, and a steady pace, Miss Lilly has hit her stride.”

Midwest Book Review hales it, “Delightfully fresh and original in its approach, returns surprises again and again - truly a standout.”

Available June 2015 in print, eBook and audio via Amazon, iBooks and iTunes, Barnes & Noble, and Audible.

Author Bio: Kalan Chapman Lloyd is an attorney and author currently residing in Tulsa, Oklahoma. Kalan grew up in the small town Tahlequah, OK. She attended Oklahoma State University and the University of Tulsa College of Law and has been a member of the Oklahoma Bar since 2008.

Her first novel, Home Is Where Your Boots Are, was a finalist in the Amazon Breakthrough Novel Awards, and re-released in May 2015 to rave reviews. www.kalanchapmanlloyd.com Twitter: @KalanCLloyd Instagram: @kalanchapmanlloyd Facebook: Kalan Chapman Lloyd _________ __________

Doerner, Saunders, Daniel & Anderson is pleased to announce that attorney L. Dru McQueen has joined its Tulsa office. Dru has ten years of experience in private practice, during which she primarily focused on commercial litigation.

While working as in-house counsel for a major petroleum company, Dru provided counsel on various employment issues, as well as class action, premises liability, and other commercial litigation matters. Dru also spent nine years as a Law Clerk for federal judges in the Northern District of Oklahoma. It is this diverse legal background that uniquely qualifies her to assess issues from her experience of in both a public and private legal sectors, which in turn allows her to offer a more comprehensive perspective when helping clients. Dru will focus her practice primarily in the area of commercial litigation, and will also work in the areas of employment law, environmental law and commercial transactions. _________ __________

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Doerner, Saunders, Daniel & Anderson is pleased to announce attorneys Cynthia J. Becker, J. Patrick Mensching and Michael C. Wofford have been named partners with the firm.

Becker devotes her entire practice to general and commercial litigation, including federal and state cases involving contracts, real estate, construction, and debtor and Cynthia Becker creditor rights.

Mensching focuses in the areas of commercial and fraud litigation, mortgage foreclosure, commercial collections and general civil litigation. He also has extensive experience defending litigation regarding financial disputes, including cases in the construction industry.

Wofford’s practice includes all aspects of environmental and natural resources law, J. Patrick Mensching including advocacy of water supply, water pollution and water rights issues on behalf of industry, landowners, and municipalities.

Wofford has successfully litigated and settled water pollution cases and claims as well as actions affecting water rights and water supply in various parts of Oklahoma.

Becker and Wofford are in Doerner’s Oklahoma City office and Mensching is in the Michael C. Wofford Tulsa office.

“Cynthia, Pat and Mike have been true assets to our firm and our clients since each joined Doerner Saunders,” said David Herrold, the firm’s Managing Partner. “We are so pleased to have them join our partnership and look forward to many more years of their excellent legal work and friendship.”

Q

Smakal Munn, P.C., founded in January 2008 by Kelly A. Smakal and Justin B. Munn, with their office at 320 S. Boston Avenue in Tulsa, continues to evolve, and is pleased to announce that Cana B. Wilson has joined the firm as an associate attorney.

Ms. Wilson was admitted to the Oklahoma Bar in 2014 after graduating from the Oklahoma City University School of Law in May 2014. Ms. Wilson’s practice includes all areas of domestic litigation, probate matters, and criminal defense.

Smakal Munn, P.C. offers over 35 years of combined litigation experience and is a full service law firm specializing in domestic and probate matters, including domestic mediation and parent coordination and guardian ad litem services. You may contact Smakal Munn, P.C. at 918-582-3400 or visit us at www.smakalmunn.com. _________ __________

Q

Moura A.J. Robertson, announces the move of her Family Law practice to 110 West Seventh Street, Suite 2610, Tulsa Oklahoma, 74119-1104. Ms. Robertson will continue to practice exclusively in the areas of divorce litigation, mediation and collaborative divorce process. She will be presenting on the topic of Family Law Mediation at the NALA National Conference being held in Tulsa on July 24, 2015.

Ms. Robertson may continue to be reached via email at moura@tulsadivorce.com.

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August 2015

University of Oklahoma College of Law in 2013, and his practice is primarily focused in business law and civil litigation.

Mr. Allen’s professional memberships include the Oklahoma Bar Association, the Tulsa County Bar Association, and the Council Oak Johnson Sontag Inn of Court. _________ __________

Melissa F. Cornell is pleased to announce the opening of her new firm, “Cornell Law Firm.” Since being licensed to practice, Melissa has focused on all issues related to family law and Cornell Law Firm will continue that focus. In addition to providing advice and representation for those parties facing divorce, legal separation, annulment, child custody, child support, support alimony, contempt, modification, adoption, and prenuptial agreements, Cornell Law Firm will also provide skilled services related to all family law appeals.

Having successfully appealed family law issues, Melissa knows what the appellate Court looks for to rule in a party’s favor.

In addition to these traditional methods of handling cases, Cornell Law Firm will also provide lower cost mediation services for attorneys and their clients and/or unrepresented parties in need of a less stressful, more satisfying resolution of their conflict. If you have any questions regarding any of this or any of the services provided by Cornell Law Firm or simply need more information please visit www.clftulsa.com, call our office at (918) 574-8901 or e-mail info@clftulsa.com. Cornell Law Firm is located at 2504 E. 21st Street, Suite A, Tulsa, Oklahoma 74114. _________ __________

Q

The Greuel Law Firm announces the addition of associate attorney, Dru R. Tate.

Tate has focused her practice in the areas of Probate, Estate Planning, Guardianship, Elder Law, Real Estate and Native American Law. She received her undergraduate degree from Northeastern State University and attended law school at the University of Tulsa College of Law. While in law school, Tate was active in the Energy Law Journal and the University of Tulsa Board of Advocates where she served as an Executive Vice President. She was also a member of the law school’s traveling Mock Trial Competition team and graduated TU with highest honors as a recipient of the Order of Barristers Award for excellence in Moot Court.

Since graduation, Tate has been in private practice working in a small firm setting serving much of rural Oklahoma. Her community involvement includes being active with the Glenpool Optimist Club and the Glenpool Chamber of Commerce. Dru has litigated cases in Tulsa, Creek, Okmulgee, Okfuskee, Hughes, Seminole, Pottawatomie, Oklahoma, McIntosh, Muskogee, Wagoner and Cherokee Counties. She is a member of the Oklahoma Bar Association, Tulsa County Bar Association, Creek County Bar Association, Okfuskee County Bar Association and the Muscogee Creek Nation Bar Association.

Q

Barrow & Grimm is proud to announce the hiring of Joseph Allen as an Associate Attorney.

Joseph Allen attended the University of Oklahoma, where he received his Bachelor of Arts and Sciences in Political Science.

Following graduation, Mr. Allen attended the University of Oklahoma College of Law where he was a member of the National Appellate Advocacy Competition team and won the award for best legal brief. He was named a member of the Order of Barristers for excellence in advocacy. Mr. Allen has practiced in Tulsa since graduating from the

August 2015

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August 2015

Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119

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Building Our Future

August 2015

T ulsa L awyer M agazine

The Official Publication for the Tulsa County Bar Association, Inc.