Tulsa Lawyer Magazine January 2018
Photo Winner Jim Hicks
Professionalism Issue
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In this Issue TULSA LAWYER
A Message from
Christina Vaughn
2017-2018 TCBA President
January 2018
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Professionalism Top Ten Review
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Committee & Section News
7 Live Local, Give Local
1st Quarter Golden Rule Award
8 TCBA Paralegal Perspective By Beth Nellis, Chair 10 Golden Rule Award - Barbara Carson 12 Choose Wellness for the New Year
Barbara Carson
13 TCBA Video Replay Schedule 14 Professionalism as a Moving Target By Tom Vincent II
16 Jerry R. Nichols, Esq. A consummate professional in law and life By Michael Taubman
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IS CIVILITY DEAD? By Angelyn Dale
18 Why Caring For the Young Lawyer Is Caring For Your Firm By Caroline Shaffer 23 Young Lawyers Bowling 24 Everyone Has a Story- Why I'm a Lawyer 25 Breaking Up is Hard to Do By Ed Lindsey 29 Grapevine 30 TCBA Security Measure Notice 31 Classifieds
Tulsa Lawyer 1
A Message from the President
Christina M. Vaughn
Finding Your Purpose & Being Your Best
Happy New Year TCBA members! I had a fantastic time celebrating with many of you at a variety of holiday celebrations this past month. I hope you all had the opportunity to spend time with family and friends and enjoyed the holiday season. The beginning of a new year often finds us reflecting on the past year and thinking of ways in which we might endeavor to improve our lives in the coming year. Many of us will resolve to eat better, exercise more, spend more time with the family and so on. In that spirit, I would like to share with you an anecdote I picked up from a video I watched on Facebook some time ago. The message of the video is quite simple, but it resonated with me. I saved the video and watch it from time-to-time as a reminder to not take time for granted and to go after what is important to me.
In our society, we have a generally excepted trajectory. We are born, we’re kids, and then teenagers. Then at roughly age sixteen, we start to work. And then we work, work, work, work all the way to retirement.
As you can see, the majority of our lives is spent working. So it is very important to spend this time doing something that you love. Childhood and retirement are surely wonderful times of our lives, but in the overall scheme, they are relatively short periods of time. What about all the years in between childhood and retirement? These years should not just be a writeoff. These years should not be spent “just waiting until The video begins with an image of a timeline on Friday” or “getting through until retirement,” because a white board similar to that below. The line shows the once those years are gone, they are gone. average life expectancy of people living in the United The video concludes with a reminder that we have States. The first mark, denoted with a zero, represents our birth and each line represents ten years. The line a limited life span and only get one shot (a/k/a ‘yolo’) both in the video and below ends at eighty because the and advises that we should make the most of that shot by average life expectancy in the United States is just shy making all of the years from birth to death meaningful, of eighty years. Of course, you may live longer than special and purposeful. So, if you are working at a job you don’t love or aren’t passionate about just to earn a eighty years, but you could also live fewer years.
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paycheck, now may be a great time to consider whether it’s time to go after a job that will fulfill you or find ways of modifying your work to add meaning. I believe we are at our best with our clients, colleagues, and opposing counsel, when we are enjoying and finding purpose and meaning in our work. When we are at our best, we are representing ourselves and our profession in the best light and holding to our highest ethical standards. This issue of the Tulsa Lawyer is dedicated to the topic of professionalism. As usual, this issue contains valuable and thought provoking articles. I hope you will take the time to read the articles and let us know what you think. We would like to know what inspires you in your work and what motivates you to maintain professionalism in the face of difficulties both large and small. Finally, I’d like to announce that the TCBA recently underwent a series of security upgrades to our facility. These security upgrades were installed in mid-December in an effort to ensure the safety of the all of those who are served by the TCBA and who use our facility. As part of the security upgrade, we installed security cameras in several key locations. We will be using these cameras to monitor entry into the building. The main entrance is now secured with a magnetic lock controlled by staff. To gain entry into the building, visitors will need to press the intercom button and announce themselves by name, bar number and purpose of visit. The door will be unlocked remotely by a member of the TCBA staff following the request for entry. This system is similar to security systems installed inside some courthouses, such as Rogers County, controlling access to court chambers. We at the TCBA will continue evaluating the best methods of providing for the safety and comfort of those who use the facility. I wish to thank you for your continued support of our efforts.
Visit our Facebook page and keep up with TCBA news.
Happy New Year from the TCBA Staff
Best wishes for a meaningful, special and purposeful new year! Christina M. Vaughn TCBA President, 2017-2018
Tulsa Lawyer 3
Professionalism Top 10 Review Excert Professionalism Top Ten written by Fred K. Slicker. Originally published in the October 2010 Tulsa Lawyer.
Lawyers play a variety of vital roles for their clients, including being the client’s advisor, teacher, advocate, negotiator, conciliator, mediator, problem-solver and representative. But lawyers are also officers of the court, public citizens and indispensable participants in furtherance of the Rule of Law. Being a lawyer is a privilege, not a right. That privilege carries with it the requirement to act for the client and for the society at large in a professional manner. When one lawyer fails to act with professionalism, the entire legal profession suffers. Lawyers who practice professionalism and thereby bring sunshine to others cannot avoid from living in the light themselves.
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Be honest in all things.
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Be competent.
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Judicial Dinner Watch for details in your inbox and at www.tulsabar.com
Thursday February 8, 2018 4 Tulsa Lawyer
Be respectful.
Be responsive.
Be responsible.
Be a problem-solver. Be available. Be civil.
Be a peace-maker.
Simple insight worth remembering...
Save the Date! Tulsa County Bar
Be an effective communicator.
January is National Mentoring Month Contact Kathleen Pence, TCBA Mentoring Committee Chair at kathleen@pencelawfirm.org to see how you can be involved in mentoring.
Martin Luther King, Jr. Day The Bar Center will be CLOSED Monday, January 15, 2018
And visit mentoring.org to learn more about National Mentoring Month.
Tulsa Lawyer 5
TCBA Committee & Section News Litigation Section
Ryan Fulda and Trevor Hughes, Section Chairs
Steve Boaz to Speak The Litigation Section of the TCBA will be having its next meeting on January 18, 2018 at the TCBA from noon to 1:00 p.m. Lunch will be provided. Attorney and mediator attorney Steve Boaz, author of the monthly Oklahoma jury verdict publication “The Boaz Report”, will report on the most notable jury verdicts and trends from 2017. Lunch will be served, followed by a presentation from 12:10 to 1:00. Attendees will receive 0.5 CLE credit.
The Litigation Section was founded by trial lawyers for trial lawyers of all practice areas with a goal of improving as advocates.
Do you own a side business? Retail or entertainment? Downtown?
Advertise to your local customers in Tulsa Lawyer!
It's easy, afforndable and convenient! Contact Jody at jodyg@tulsabar.com or visit www.tulsabar.com for rates and more information. 6 Tulsa Lawyer
Children & the Law
Happy New Years! As we reflect on 2017, I want to thank all who participated in the 2017 Holiday Challenge benefitting Family & Children’s Services. It was another successful year! A detailed report will be published in the next issues of Tulsa Lawyer Magazine. However, I want to thank all who stepped up to adopt families this year: Children & the Law Committee – Team Leader: Natalie Sears Tulsa County 3 Floor Judges & Staff – Team Leader: Shana Grandstaff Hinson Family – Team Leader: Jessalyn Hinson Hinson & Staff – Team Leader: Jessalyn Hinson Conner & Winters – Team Leader: Gary Betow Natalie & Friends – Team Leader: Natalie Sears Monroe & Keele – Team Leader: Ann Keele GableGotwals – Team Leader: Patti Flynn L&L Construction – Team Leader: Gina Gardner Bowman Family – Team Leader: Jessica John Bowman McAfee & Taft – Team Leader: Gerald Hilsher Vaughn Family – Team Leader: Christina Vaughn Cordell & Cordell – Team Leader: Natalie Sears Smith Family – Team Leader: Julie Smith rd
Again, a detailed report of all families that were adopted and all donations given to benefit this great cause will be in the next issue of the Tulsa Lawyer Magazine. A special thank you to Dalesandro’s Italian Restaurant for their generous support, and to Ashley Webb and the TCBF Community Outreach Committee who coordinated the restaurant event. Natalie Sears, Children & the Law Chair
Live Local, Give Local: Giving Back
Lawyers Fighting Hunger held its annual Live Local, Give Local event in the parking lot of the Vault. Through the generous donations of the Tulsa County Bar Foundation, members of the Tulsa County Bar Association, members of the Oklahoma Association for Justice, and many local businesses, 850 pre-screened families received a turkey and 30 food items to help provide a Thanksgiving meal for their family. And of course, the icing on the cake was Tulsa beating OKC for the third year in a row for the bragging rights of raising more money to help those in the Tulsa community. Lawyers Fighting Hunger partners with the Eastern Oklahoma Food Bank, Iron Gate, and Emergency Infant Services to make the event happen. Recipients come from a variety of organizations including Women in Recovery program, Day Spring Villa, Edu-Rec, VA Administration, Vet Court program, and many other agencies. While the day started a bit cold, seeing the many families we were able to help was enough to warm everyone’s hearts who were there to participate. ~ Hugh Robert
Photo credits: Harold Dorsey
TCBA PARALEGAL
PERSPECTIVE Division; Debra Cox, Tulsa District Courthouse volunteer, teamed with her extraordinary therapy dog, Nala, are also among our ranks.
You can lead a horse to water‌ those of you who know me, my lifelong obsession with horses and dedication to pro bono causes will immediately understand my use of this old but true expression. Time is our most precious commodity and it is gratifying and frankly, fun, to join with TCBA Paralegal Division members who give theirs so readily! Many of our members also belong to other TCBA Divisions and Committees and quietly balance hectic work schedules with busy personal lives but they still participate, serving the profession and the Tulsa community! These interesting individuals, from varied backgrounds, bring valuable insights, unique perspectives and opportunities that greatly benefit all of us. Not only are ABA approved paralegal program educators, Pam Mitchell, TU, and Michael Speck, TCC, members of the
The TCBA Paralegal Division participated in the annual OBA Meeting this fall in Tulsa. Many thanks to members, especially Chair, Gloria Jones, ACP, who shared the "paralegal information booth" with the other paralegal associations (COALA, NALA, OPA and TAPA). The "booth" had been expanded to two days and was highly successful. As the FIRST and ONLY Paralegal Division within the state of Oklahoma, it was very exciting to be visited by Oklahoma Supreme Court Justice Noma Gurich, who discussed the possible formation of an OBA Paralegal Division!
attorneys policy! By lowering the annual dues, some members were able to renew their memberships and others could more readily approach their employers to request assistance. The Division membership numbers have remained fairly consistent and hopefully, the new policy will continue the trend and attract new members.
At the monthly Division meeting in October, Darla W. Jackson, OBA Practice Management Advisor, conducted a comprehensive "Limited Scope And The Paralegal's Role In It" presentation. Ms. Jackson has agreed to return as a 2018 speaker to address Technology, which was originally a portion of the Limited Scope seminar, but too lengthy for just a one hour time slot. Other events planned for 2018 include a T h e c o l l a b o r a t i o n w i t h possible joint seminar with another Resonance Center for Women, Inc. TCBA Division or Committee and continued into the second year as more community involvement. the Division completed the annual Thank you to all the dedicated Christmas donation project due to the efforts of Deanna Morgan and members who have made sacrifices, Lorena Wensauer. It is extremely gifts of their time and considerable rewarding to assist these local talents and who continue to make the women as they rebuild their lives TCBA Paralegal Division a success! It is an honor and a privilege to serve and become valuable citizens. with you! Thanks to TCBA Executive Director and the Budget Committee for restructuring the Paralegal Elizabeth "Beth" H. Nellis, ACP Division dues to comply with the TCBA Paralegal Section Chair
Join us for the next Tulsa Lawyer Meeting! UPCOMING MEETING DATES
January 25th, February 22nd & March 29th 11:30am-1:00pm - TCBA Small Conf. Room
Email juliec@tulsabar.com the day before for lunch count. 8
Tulsa Lawyer
Barbara L. Carson
2017-2018 Golden Rule Award~ 1st Quarter Jack Wimbish, a practitioner at Riddle & Wimbish, P.C., says of Barbara: As we practice in the same general area, I have the opportunity to consult with Barbara frequently on issues which we are both facing. Her great skill is the ability to find a solution to the problems faced that is practical for the clients and still remain strictly within the parameters of the legal standards we must deal with. Her solutions are crafted keeping in mind what is best for all concerned and created wisely and always in good humor. She is generous with her time and talent, including her long time service on the Title Examination Standards Committee which is of great service to the Bar as a whole. One of my great pleasures in practicing law is knowing and working with Barbara.
For over twenty years, Barbara L. Carson has practiced primarily in the area of real estate and probate law with meticulous and complete dedication to resolving often complex issues for her clients in state court. Barbara generously contributes time to her profession through her longstanding involvement in the Real Property Section of the Oklahoma Bar Association, OBA Title Examination Standards Committee, Tulsa Title & Probate Lawyers Association, the Tulsa County Bar Association, and the Tulsa University Julie Evans, a practitioner at Julie A. Law Alumni Board. Evans, P.C., adds: David E. Winslow, retired Tulsa County Chief Barbara is the complete package in Probate Judge, says: that she has all the best qualities that an attorney should possess. Not only is she Having served on the TU Law Alumni one of the top real estate attorneys in Board with Barbara, working with her Oklahoma, but she can successfully take on several probate issues and receiving on just about any other type of case. It is her assistance teaching a business law also evident that Barbara is compassionate course at the University of Tulsa, School toward her clients. She will take a case of Business and Management, I know even though she knows her clients do not Barbara to be a very capable, enthusiastic have the financial means to pay the fair and competent member of our Tulsa Bar market value of her services. So, whether Association. We are fortunate to call her Barbara knows it or not, she does more one of our own. 10 Tulsa Lawyer
than her share in providing quality Probono Legal Services and Access to Justice to those folks in our community who fall in the gap between qualifying for Legal Aid and being able to afford a private practice attorney. For this reason alone, I believe Barbara is deserving of the Golden Rule Award.
of the State of Oklahoma and has since been admitted to the United States District Courts for the Northern and Eastern Districts of Oklahoma. Barbara is a proud member of the TCBA and has been a member of the Bar of the Supreme Court of the United States of America since 2008. Barbara serves as a member of the Oklahoma Bar Association Real Property Section (President, Vice-President, Secretary, Trevor Reynolds, a longtime friend, practitioner, Board member, 2000-present); OBA Title and colleague of Barbara’s, says: Examination Standards Committee (Member, 2000-present); Tulsa Title & Probate Lawyers I am privileged to have Barbara as Association (President, Vice-President, a friend, colleague and confidante for Secretary, member, 2004-present); and Board more than ten years. During that time of Alumni, University of Tulsa College of Law we have collaborated on several cases (President, Vice-President, Secretary, Board where our different styles and skill sets Member, 1999-present). have complimented each other and led to a greater level of representation for Barbara currently has her own practice. our clients than I could have achieved When she is not working, Barbara enjoys on my own. Her rapport with clients and traveling with friends and family, and spending opposing counsel and her mastery of her time with her Great Pyrenees, Boo. profession are truly inspiring. I know that regardless of the problem, whether Congratulations to Barbara Carson, this personal or professional, I can count quarter’s Golden Rule Award recipient, for on Barbara to give me a thoughtful and exemplifying the attributes of professionalism, reasoned solution. She is the epitome trustworthiness, civility, and dedication to the of the Golden Rule Award. rule of law for which this award is given. Barbara earned her B.A. from Wittenberg University, Springfield, Ohio, in 1988 and her J.D. in 1995 from the University of Tulsa College of Law where she received the Outstanding Woman Law Graduate award from the National Association of Women Lawyers, Outstanding Law Student Award, and the Outstanding Faculty Committee Chair Award. In 1996, she was admitted to the Bar
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
Health & Wellness Benefit Suite For TCBA Members Put wellness at the top of your New Year's Resolution list! Citibike.Tours • The only 7-person circular bike in Oklahoma (and probably the whole Midwest! • Ride around Tulsa offering various tours of the city, ranging from 30 minutes to an hour. • Whether you want a leisure ride, or a team-building opportunity, this one-of-a-kind experience is a must-do. • Citibike.Tours offer a $25 discount (reg.$45) and also a portion of their purchase will go to provide rides for the deaf/blind community and teambuilding for at risk schools. To book online go to: https://citibiketours.acuityscheduling.com/ schedule.php?appointmentType=4205510 Stephen Lindsey of Legacy Fitness & Performance • Health and fitness services, including personal training and virtual coaching. • Private and small group personal training, workout and performance programming, as well as nutrition services like meal planning available. • Pricing on private training is $40 for 30 minutes and $75 for 60 minutes. Small group training starts at $40 per person. Pricing on workout and nutrition programming is $159. • Stephen is offering 10% off all services at this time for TCBA members. • Contact Stephen at slfitpro@gmail.com or call him at (918) 813-0121 for more information. T-Town Training & Fitness • Discounted membership to their gym. • They offer a fun and encouraging environment – with challenging workouts – that support their member's health and wellness lifestyle. • conveniently located in the East Village District in Downtown Tulsa. It's close to all major highways, which makes it easily accessible from anywhere in the Tulsa metro area. • Indoor training area of more than 3,000 square feet and more than 3,500 square feet of outdoor functional workout space. 12 Tulsa Lawyer
The Hungry Ninja • Convenient and customizable ways to nourish yourself and your family. • Personal concierge service for you to order fully customized meals that can be delivered to your home or office or picked up from them. • Meals are prepared, packaged, delivered so all you have to do is refrigerate and heat when you are ready to enjoy them. • Breakfast, lunch, and dinner options, so you may never have to cook again! • Delivery is available in the greater Tulsa area either weekly or bi-weekly. • Call Ryan or Maegan at (918) 973-1963 to get started. Sacred Wellness Ashley Anne Ashton, LMT • Specializes in Trigger point, Sports, Active Release, Myo Fascial, I.A.S.T.M, Cupping, and Raindrop therapy • Facebook.com/aaa.sacred • Instagram: @aaa.sacred • Located off 51st between Yale and Harvard • Call for appointment: (253) 820-8708 and refer to TCBA member discount • Discount: 1 hour massage discounted to $55 (normally $70) Massage & Bodyworks by Michelle Michelle Hodges, LMT • Located at 1099 S. Aspen Ave., BA OK 74012 • Call for appointment: 918-641-4104 and refer to TCBA member discount • Discount: 50% off your first 1hr massage • 25% off any and all massages for the next year • Discount can apply to house-calls, or office setup • 50% off massage during birthday month
Make 2018 your best year yet!
Professionalism as a Moving Target: The Blurry Line Between “Best” and “Required” Practices, Part 1
By Tom C. Vincent II One of the reasons I became a lawyer, other than the fact that it allowed me to stay in school and avoid the real world for at least a few years more than undergraduate school, was the aspirational nature of the profession – lawyers just seemed to want to be better. In my limited experience, whether in the media or in the real world, attorneys worked to better themselves, their clients, and the practice of law itself. This effort to go beyond the minimum – typically referred to as “professionalism” – is distinguished from what is explicitly required in that lawyers are not required to be “professional,” but they are expected to be. 1 A continual issue in pursuing professionalism, however – i.e. “going beyond the minimum requirements” – is the changing nature of those minimum requirements, which can result in a particular practice being “professional” one year, “the minimum” the next, and “insufficient” after that. This fluidity of a minimum standard can be seen in the difference between the “minimum” and “professional” standards for lawyer education. The Oklahoma Rules of Professional Conduct (the “Rules”) require that, at a minimum, a lawyer must have the skill and preparation “reasonably necessary” to represent the client, while a lawyer upholding the Oklahoma Bar Association’s Standards of Professionalism (the “Standards”) must affirmatively recognize their limitations with
respect to the representation.2 This difference, and its implications, was recently manifested in the American Bar Association’s (the “ABA’s”) Formal Opinion 477R (the “Opinion”) regarding the protection of client information. While ABA guidance is at times seen as more aspirational than essential for lawyers, the specifics outlined in the Opinion speak to not only the level of technology understanding and implementation lawyers should have, but also where the minimum standards for such understanding and implementation actually are. Probably more than any other attorney obligation, client confidentiality depends not only upon the lawyer engaged by the client, but on the additional personnel engaged by the lawyer. While technology and its accompanying issues have traditionally been seen as outside the day-to-day practice of law, the increasing variety of formats in which client information is received and distributed have pulled such technology more and more into the realm of the “skill…and preparation necessary for [client] representation”3 The Opinion recognizes this in its explicit application of technical and technological requirements to the duties of competence and confidentiality. With regard to the former, the Opinion cites one conclusion of the ABA Commission on Ethics 20/20 Report 105A – “in order to keep abreast of changes in law practice in a digital age, lawyers necessarily need to understand basic features
1 See e.g. OBA Standards of Professionalism - Preamble (accessed December 10, 2017 at http://www.okbar.org/members/ethicscounsel/ standardsprofessionalism.aspx): “While the Rules of Professional Conduct establish the minimum standards a lawyer must meet to avoid discipline, the following Standards of Professionalism represent the level of behavior we expect from each other and the public expects from us in our dealings with the public, the courts, our clients and each other.” 2 For the minimum, see e.g. Rule 1.1 of the Oklahoma Rules of Professional Conduct:” A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. “ Compare to the aspirational Standard of Professionalism 2.1: “[Lawyers]” will continually engage in legal education and recognize our limitations of knowledge and experience.” Accessed December 11, 2017 at http://www.oscn.net/applications/oscn/ DeliverDocument.asp?CiteID=479335. 3 Id. at Rule 1.1. 14 Tulsa Lawyer
of relevant technology” – to highlight an affirmative duty of lawyers to understand not just the substance of their practice but the tools used in that practice. Similarly, regarding the duty of confidentiality, the Opinion reminds lawyers of their duty not just to refrain from revealing client confidences but to proactively take reasonable efforts to prevent such revelation.4 As clarified by the Opinion, the result of these clarified and combined duties is the responsibility of lawyers to “exercise reasonable efforts when using technology in communicating about client matters…What constitutes reasonable efforts is not susceptible to a hard and fast rule, but rather is contingent on a set of factors” which may vary based on the information communicated and the technology available.5 In other words, lawyers should be familiar not only with the type of information they are communicating, but also with particular security measures which may be appropriate for that type of information.
As discussed above, some ABA guidance is seen as aspirational – however, please note that many protections have been established by statute or regulation for particular types of information – as well as particular clients – which may be required independently of the lawyer’s duties of competence and confidentiality. Any determination of “reasonable efforts” should recognize not only when such protections apply specifically to lawyers, but also when lawyers are not specifically excluded – and, also, when they apply to those individuals supervised by lawyers in representing their clients. In the second part of this discussion, we’ll review the specific considerations provided by the ABA – both as “above and beyond” and “at a minimum” – and go over different ways to address them depending on the size and complexity of your firm and practice areas.
The Opinion goes on to provide seven considerations for lawyers when communicating (and storing) electronic client information: 1) Understand the Nature of the Threat; 2) Understand How Client Confidential Information is Transmitted and Where It Is Stored; 3) Understand and Use Reasonable Electronic Security Measures; 4) Determine How Electronic Communications About Clients Matters Should Be Protected; 5) Label Client Confidential Information; 6) Train Lawyers and Nonlawyer Assistants in Technology and Information Security; and 7) Conduct Due Diligence on Vendors Providing Communications Technology. 4 See e.g. Opinion, pp. 3-4 (citing ABA Model Rule 1.6 and Comment 18). 5 Opinion, p. 4.
Tom C. Vincent II is an attorney with Gable Gotwals
Did you know?
In order to realign the Roman calendar with the sun, Julius Caesar added 90 extra days to the year 46 B.C. when he introduced his new Julian calendar. Tulsa Lawyer 15
Jerry R. Nichols, Esq.
A consummate professional in law and life By Michael P. Taubman
Sometimes in life, you recognize when an opportunity presents itself, and, if you’re really paying attention, you don’t miss it. Many years ago in the early 1990’s after returning to Tulsa, I met just such an opportunity, which led me down the path to the practice of law. It presented itself to me in the form of a man our legal community and his family lost recently, Jerry R. Nichols, who passed away surrounded by loved ones on November 22, 2017. Born in Los Angeles, California on March 24, 1942, Jerry Russell Nichols would grow up in the Oklahoma City area, attending Putnam City High School. Opportunity smiled upon him there in meeting the love of his life, Kris Bretz, with whom he would build a life and family together for over 49 years. Both Jerry and Kris would attend Oklahoma State University, where he was a four-year member of the OSU college of business honor roll and student council. Also, Nichols became a member of Sigma Nu Fraternity, which he would serve as its Recorder (Secretary) and Commander (President). His daughter, Nancy Van Doren, shared that “he was devoted to the brothers he found at Sigma Nu, and the lifelong friends he made during his time at OSU.” He would graduate Oklahoma State University in 1964 with a Bachelor of Science degree from the OSU College of Business. The Spears School of Business recognized Nichols recently in its “100 for 100” centennial celebration. He credited his courses and professors at OSU with inspiring his passion to be a businessman. In his profile on the Spears 100 for 100 website, Nichols was quoted as saying “I didn’t know what that meant until I went into the business program at OSU. There I learned to think like a businessman. It really helped me a lot to understand what I call ‘the world’”.
After OSU, Jerry Nichols would put his business degree to work in the insurance business for a few years, where he was exposed to hostile takeovers as smaller insurance companies were being acquired. This experience would lead him to earn his Juris Doctorate degree from the University of Tulsa College of Law in 1969, focusing his study of business law. This served him well throughout his professional life. Professionalism for lawyers and judges requires honesty, integrity, competence, civility and public service.1 Professionalism would be a defining trait exhibited by Jerry Nichols throughout his career, and one he carried over into all facets of his life. He would become president of the law firm bearing his name, Nichols, Wolfe, Stamper, Nally, Fallis & Robertson, from 1976 to 2006. Then in 2007, he would join Hall Estill as Of Counsel, where he remained engaged in the practice of law to the end. Ever passionate about being a businessman, he cofounded and served as a director of Fintube Limited Partnership, as well as numerous banks and savings and loan institutions in Oklahoma. As if practicing law and founding businesses wasn’t enough, he served tirelessly in supporting his community. He even co-owned and renovated Tulsa’s Old City Hall building, which is listed on the registries of both the Oklahoma and National Societies of Historic Structures. Throughout his life, Nichols would serve on numerous boards and committees. He was a Director of the University of Tulsa College of Law Alumni Association, the OSU Tulsa President’s Cabinet, the OSU Foundation Board of Governors and Trustees, and the OSU Alumni Association Executive Committee. He actively worked in support of the Tulsa Foundation, the Rotary Club, the Philbrook Museum of Art, the Nicholas Club of Tulsa 1 See “Definition” of “Professionalism” in OBA Standards of Professionalism, approved April 20, 2006.
Boys Home, Boy Scouts of America, United Way, and Tulsa Opera. Jerry Nichols was very generous with his time, bringing his talents and resources to bear for many groups, and he encouraged and mentored many into the practice of law, including this author. Always willing to help, his lifelong commitment to service included the board of directors of Monte Cassino school, the vestry of St. John’s Episcopal Church, and the Tulsa Tennis Club, which he remained an ardent fan of both playing and watching matches. His zeal for competition and tennis would be handed down to his children. His daughter, Erin Peters, said of her dad, “he instilled a great work ethic and competitive spirit [in us]. He enjoyed watching any sporting event involving his children, grandchildren, or OSU cowboys. He especially loved playing tennis and traveling to the major tennis tournaments.” Likewise, Nancy recalled “his love of tennis inspired him to co-found and co-own two of the firstever indoor tennis facilities in Oklahoma: Tulsa Southern Tennis Club (now The Grand/RH91) and Summerfield Racquet Club in Oklahoma City.” Jerry Nichols would become someone who influenced the trajectory of my life in a substantial and meaningful way. Both he and his wife, Kris, were exceptional people, as are their children whom I’ve had the pleasure to know for many years. As an undergraduate and uncertain about where my future would lead, Nichols offered me an opportunity to come work as a runner for the law firm, Nichols, Wolfe, Stamper, Nally, Fallis & Robertson. I can recall entering the Old City Hall building at 4th and Cincinnati and climbing the stairs to the receptionist station on the landing of the top floor, where a large statue of Lady Justice. When I started there, I had only known Jerry Nichols on a more casual, social basis, as Nancy’s and Erin’s dad. I found great experiences there, not only learning about the law, but Nichols demonstrated in the way he carried himself the definition of professionalism. Observing him in a trial involving the fracturing of a family over their business interests, I began to realize the seeds of interest in a career in the law. He was generally a very reserved man, speaking softly, but you knew from his demeanor the serious intent behind his instructions. On one occasion, I missed a late afternoon courthouse run due to an assignment to retrieve a certain item from a location in South Tulsa given to me by another member of
the firm. When I returned to the office, the note on my small desk summoned me to Nichols’ office. He was clearly displeased, but he used this opportunity to demonstrate to me the integrity that he showed throughout his life. After his memorial service, I shared stories with his daughters and other friends about his influence on our career choices. “Jerry always endeavored to mentor young people and try to bring them into the world of law and business. He enjoyed following the careers of our friends who grew up to become attorneys, and was always eager to ‘talk shop’”, said Nancy. In speaking with Erin about her dad, she remarked “he was a true gentleman and always had time to listen and help. He was very loyal to his friends and business partners. He was an incredible family man, highlighted by his devotion to our mom.” As reflected in the pictures included with this article, it is obvious Jerry Nichols had a love of family, travel, work and OSU. Nancy added, “he also had music playing all the time - in the house, car, office. He loved music and attending concerts. Boz Scaggs, Elton John, Steely Dan, and the Doobie Brothers were his favorites.” There’s a track by Michael McDonald on the Doobies’ album, Livin’ on the Fault Line, that I heard while working on this piece, which I’ll share: All through your life, anything that's meant to be will be. When tomorrow comes once again, you'll see That there's a light that shines on all people; sees them through. It waits and watches them move through their lives like people do.2 My heartfelt condolences to the Nichols family on their loss, and sincere thanks to Nancy and Erin for their willingness to share information and photos for this article. Preceded in death by his wife, Kris Bretz Nichols, his mother, June Smith, and his brother, John Nichols, Jerry Nichols is survived by his brother, Pat Nichols and sister-in-law, Debbie Nichols; his daughter, Nancy Van Doren and son-in-law, Blake Loveless; daughter, Erin Peters and son-in-law, John Peters; son, Justin Nichols; and his grandchildren, Erika, Blake, JJ and Vincent; and nephews, Cody Gotcher, Link Gotcher and Carter Nichols. A memorial service celebrating Jerry’s life was held December 1st at St John’s Episcopal Church, but please consider a donation to the American Heart Association in remembrance of him. 2 Doobie Brothers. "There’s a Light." Livin’ On The Fault Line, Warner Bros., 1977.
Why Caring For the Young Lawyer Is Caring For Your Firm
By Caroline Shaffer
for the Professionalism Committee You may have one, two, or a handful of “young lawyers” currently working in your firm as you are reading this. They may have been your clerk for a number of years or you may have taken a chance before they even got their bar results. Regardless of how long this baby shark has been working with you, to keep your firm growing you want to make sure the young lawyer is growing as well.
Grover Cleveland is a well-experienced attorney, having practiced for more than (20) twenty-years plus1 and author of “Swimming Lessons for Baby Sharks.” After having an opportunity to meet the esteemed Grover Cleveland, I read an article about the author’s reasons for writing this book. He recalled starting the practice of law was an “abrupt transition.” In fact, the reason he felt the need to right a book addressed to young lawyers were the repeated mistakes that a young At the most basic level, partners’ responsibilities associate tends to make.3 are described by the ABA’s Rule 5.1 regarding Despite having one of the most satisfying expectations of a Partner or Supervisory Lawyer. Indeed, Rule 5.1 provides the partner or supervising internships an attorney could have, new questions lawyer shall make reasonable efforts to ensure that the popped up as soon as I received that bar number. firm has in effect measures giving reasonable assurance Somehow, I just assumed everything would fall in to that all lawyers in the firm conform to the Rules of place easy once I passed the bar, but, as I discovered, Professional Conduct. This area is pretty clear that all there is still a learning curve to get where I want to be the partners and supervising attorneys are to make sure as an attorney. I have heard similar concerns from other your associates aren’t breaking the rules. However, young lawyers. Where do we go to get our questions should that truly be the extent of the supervising answered and our anxieties lessened? How do we get attorney or partner’s duties to a young lawyer? Rather, the supervising attorney to focus on us? is there more that can be done that will actually increase Too often, the pressures of billing hours, meeting the firm’s value and guarantee that the young lawyer court deadlines, taking care of family obligations, and you hired after that terrible two-day test is going to be concerns for collection and making payroll get in the more than a warm body in the firm? way of mentoring the young associate. This is true even when a short, actual conversation (not an email) The Young Lawyer Dilemma may clarify the associate’s question or concern. We are eager, hopeful, and want to work. Yet, since before I left law school, my fellow classmates that become attorneys all echoed, “I have no one to talk to at my firm.” Most would pass it off as a whine or grunt of the general work-place. However, partners or 1 Grover E. Cleveland, About Grover E. Cleveland, http://www. supervising attorneys may not realize that the bright, swimminglessonsforbabysharks.com/grover-cleveland-bio/ highly successful law student just needs a little more guidance as a young lawyer. 2 David Lat, Swimming Lessons for Baby Sharks, May 7, 2010, 18 Tulsa Lawyer
2
https://abovethelaw.com/2010/05/swimming-lessons-for-babysharks/?rf=1 3 Id.
The Reason to Care and to Take on the Mentor Role It’s a false premise for a supervising attorney to believe that simply taking care of his or her own business is all it takes to be successful. It’s not just the young attorney’s skin that’s on the line – the firm’s reputation is at risk as well as its duties to the firm’s clients. RPC Rule 5.1 requires supervising lawyers to have in place measures giving reasonable assurance that all lawyers conform to the Rules of Professional Conduct, and that includes RPC Rule 1.1 (Competence). Law firms make an economic investment by hiring these young attorneys, so it would seem intuitive to ensure you’re developing that investment. Make time for your idealistic, determined young lawyers. Take them to lunch and open up the conversation to what they are doing and what questions they have. A lunch is less intimidating for the young lawyer; it creates a separate time to talk about specific case issues, client handling strategies, or general office matters. Make time for them when they come to you with questions, and more than that, welcome the questions. Professional satisfaction for the young lawyer comes from knowing that you are doing a good job, that you have good questions or spotted significant heretofore unrecognized issues, not from having to guess because your supervising lawyer won’t spend the time to walk through a question with you. The idea of throwing a young lawyer in the pond to see if they can swim is a recipe for disaster. Stupid mistakes that could have been prevented with a little care can damage the morale of an otherwise shining star. Spend the time, open your door, be accessible – that’s what your young lawyer wants and needs from you. Caroline Marie Shaffer is a member of the Tulsa County Bar Associaton’s Professionalism and Pro Bono Committee, and the 2018 Oklahoma Bar Association’s Young Lawyer Division’s Director for the Tulsa District. She is currently an associate attorney at Allen Garrett Peckio Masters, PLLC. Tulsa Lawyer 19
IS CIVILITY DEAD? By Angelyn Dale
My answer to the title question is “no.” Although I have been practicing law since moments after the earth’s crust cooled and have seen many uncivil actions by lawyers, I still believe civility is possible (and preferable) in our profession. Infusing each legal event with courtesy and civility, while zealously representing our clients, creates an atmosphere where justice can be meted out effectively and appropriately while maintaining respect for both the process and the professionals who perform it. I think there are three rules to follow to promote civility in the legal practice. (1)
PROTECT YOUR REPUTATION THROUGHOUT YOUR PRACTICE.
I am occasionally asked to speak to law students and I exhort them as follows: You begin your practice with a sparkling clean reputation, unsullied by any error or uncivil act. Protect that reputation, because you won’t get another when this one is dirtied. Make sure your word is good; if you verbally grant an opponent an extension of time, make sure you abide by your word. If you state facts during settlement negotiation, ensure they are true. If you cite a case in a brief, be positive that it stands for the proposition for which you are citing it and is still good law. Always be forthright with the Court. Lawyers get so caught up in legal battles that they forget they will be litigating against these opposing counsel and appearing before these Courts throughout their practice. Never give up your reputation by cutting corners or shading honesty for today’s client, because tomorrow’s client will need you to still have that sterling reputation. Opposing counsel will remember sleazy tactics for years, and judiciary will remember it for life! You value your degree and your job; remember to value your reputation just as much.
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(2) MAKE SURE YOU ARE READY FOR THE LEVEL OF TASK YOU ARE ATTEMPTING. Every lawyer is anxious to move up the experience ladder and try more complex tasks. Few want to spend their career carrying someone else’s briefcase. But knowing what you do and don’t know is an absolute prerequisite to avoid disaster. Back when dinosaurs roamed the earth and I was a new lawyer, a partner asked me to handle a hearing in Bankruptcy Court. I had never even been to Bankruptcy Court, much less handled a hearing on my own. Yet I was too green to ask why he was lobbing this ball to me. “Sure,” I babbled. “But I don’t know anything about the case.” “Hearing starts at 1:30. It’s 12:55 now. I’ll have my secretary bring down the file.” “Wait,” I mercifully remembered to ask. “What do I say at the hearing?” “That’s easy,” he promised. “When Judge Wilson calls for our client’s representative, just say that we agree with the position taken by the Bankruptcy Trustee.” I raced to the courthouse and found the courtroom was packed with 15 to 20 senior partners of every major firm in town. And me. Yikes! Judge Wilson, who sometimes ate lawyers alive if they weren’t well prepared, took the bench. He called our case and I realized that everyone in the room was here for the same matter. Two different senior partners made arguments I thought sounded incredibly erudite, and Judge Wilson excoriated their arguments with detailed questions. Then Judge Wilson said he wanted to hear from counsel for my client. I strode to the podium, doing my best impression of a lawyer who knew what she was doing and delivered my one line, “Your Honor, we agree with the position taken by the Bankruptcy Trustee.” I turned to go, but was stopped by Judge Wilson saying, “Just a minute, Ms. Dale. Please return to the podium because I have more questions for you.” This was a problem because I had already said everything I knew to say on the subject of this case. But he was the judge, so I went weakly back to the podium. “Now, then, Ms. Dale,” Judge Wilson intoned, “I would like to hear your thoughts on the Uniform Fraudulent Conveyance Act.”
If/when someone conducts an autopsy on me, they will find that sentence emblazoned across my brain, because I will NEVER forget a single word. There were multiple problems with responding to him, not the least of which was I had zero knowledge of the Uniform Fraudulent Conveyance Act. In the nanosecond I had to process this, I decided that if I was about to be eviscerated by a federal bankruptcy judge, at least I would go down with humor. So I responded by saying politely, “Frankly, Your Honor, I don’t think about the Uniform Fraudulent Conveyance Act all that often.” There was a sharp inhalation of breath all over the courtroom as the attorneys waited for Judge Wilson to shred me. But when I looked at him, I realized he had his hand in front of his mouth and was laughing! He finally said, “Well, Ms. Dale, if you did think about the Uniform Fraudulent Conveyance Act, I imagine that you would think . . . “ and proceeded to deliver an unbelievable argument in favor of our client. When he finished, I said, “Yes, Your Honor, I would be very fortunate if that were what I was thinking.” At that point he excused me to sit down.
The lesson to be learned here is that I never should have been at that podium. My hubris in wanting to advance quickly in my career caused me to accept an assignment for which I was absolutely out of my depth. Candidly, the partner never should have ducked the hearing by foisting it on me. But I learned from this to slow down and serve my clients well by actually knowing how to do the work I took on for them. (3) BEHAVE AS IF YOU ARE A HUMAN BEING. You would think this comes naturally, wouldn’t you? But I began to wonder about the humanity of our profession on December 24th, 1984. I was working at a Tulsa firm (not my current firm). My Christmas plan was to leave at noon after the firm closed to drive to Clinton, Oklahoma, celebrate the holiday with my parents, and return to work. However, about 30 minutes before the firm closed at noon, a partner gave me a new assignment. He said I would need to start immediately, work all afternoon and evening on the 24th, all day on the 25th, and have the result
on his desk by 7:30 a.m. on the 26th. I was so excited to have such an important project that I didn’t stop to think about how this was going to gut my Christmas plans. Instead, I thanked him for trusting me and started to work. I called my parents to tell them their only child couldn’t come home for Christmas. But they were troopers and packed up the presents and food, and drove to Tulsa. During the few hours I was home over the next 36 hours, we celebrated briefly in my apartment. By 7:30 a.m. on December 26th, there was a detailed memo, proofread and polished, placed on the partner’s desk. I noticed he wasn’t there at 7:30, or at 8:30 or 9:30 when I went to discuss it with him, but I assumed he was running late. Finally, his secretary noticed me loitering outside his office and asked if I needed something. “Yes,” I said proudly. “Mr. [Name Deleted] had me do a memo for him that he needed at 7:30 this morning. I was just checking to see if he needs any follow up.” “He assigned it to you to be ready for him at 7:30 this morning?” she asked. I nodded. “When did he assign it?” “Just before lunch on Christmas Eve,” I said. She looked at me pityingly and then said gently, “He and his family have gone skiing until after New Year’s. They go every year at this time. He knew that when he made the assignment.” I drifted back to my office in a fog, thinking about the kind of person who takes pleasure in deliberately ruining another person’s Christmas holiday. When he returned from his ski trip, I went to him and said, “The memo you wanted was on your desk by 7:30 in the morning on the 26th.” “Of course it was,” he said. “But the situation has changed and I don’t need it now. So I won’t be reading it.” He looked as if he hoped that I would cry or tell him how miserable he had made me. But I just turned and went back to my desk. He taught me a lot with that one assignment. He taught me how I never want to behave toward another human being; how power should be used and how it looks and feels when it has become twisted and vitriolic; and that fake deadlines and fake projects are demeaning and belittling. He taught me that every person has something he or she views as worthwhile of their personal time, whether it is spending Christmas Day with their aging parents or something else. To the extent there is legitimate client work that must be done during one of the personal moments, every lawyer can look back with regret at personal events missed to get the work done when it counted. But when it is merely hazing the new lawyer or 22 Tulsa Lawyer
flexing a muscle of power, when it is merely proving that I am higher on the management food chain than you and can therefore FORCE you to do this work at this time whether or not it is rational, then it is beneath all of us. Never, ever forget that you were fortunate to develop a skill beyond that of others around you, to have intellect that enables you to understand language and concepts that most of the world finds unintelligible, to be educated in ways that give you abilities to sort through masses of information and find tiny pieces of data, and once you have found them, to actually know what to DO with them. To the extent your job brings you into contact with others who don’t have these skills, who can merely deliver boxes where you point or type words on a page as you direct, or mark documents as you indicate, never forget you are first and foremost a human being. A human being with strong intellect and, in some settings, more power than most, but always at your core, a human being. As such a smart and motivated human being, always use your power to pull up the people around you, to encourage others in the work you perform together, to interject humor where possible, and to be the person whose trust they covet, whose admiration they seek, and whose friendship they value. If you can do that, then you will have created civility from which all of us will benefit.
Angelyn L. Dale is the Executive Director & General Counsel for Boston Avenue United Methodist Church and a former shareholder with Hall Estill in its Labor & Employment practice. The Bar Center will be closed
Happy New Year from the TCBA staff!
TCBA Young Lawyers Division is excited to announce that this year's YLD Bowling League will start on Thursday, January 11, 2018 at Sheridan Lanes (31st and Sheridan). Games will be every Thursday night beginning at 6:00 p.m. The last game of the season will be Thursday, March 15. Whether you are playing or spectating, it is a fun-filled evening that doesn't disappoint! We hope to see everyone there! Tulsa Lawyer 23
Why I'm a Lawyer... Profiles of the TCBA Board of Directors & Committee Chairs
Jim Hicks
My path to a law career was not planned or mapped out in advance. After graduation from college with a degree in Finance, I took the LSAT and applied to law school. My recollection is that I sort of drifted into the law with my family encouraging a medical degree. During my second semester at TU, my father passed away suddenly and my family’s world changed dramatically. Then I became engaged and married halfway through law school. During this time I matured quickly and became more focused on my studies. I have always enjoyed meeting people and learning about the many varied ways of life. My law practice has allowed me to meet a broad spectrum of people and interact in positive ways in their lives. As with any career, there are good days and bad. My involvement with the Bar Association has provided many opportunities and helped me meet other lawyers from across the State. This interaction has been a great benefit to my practice through the years. There are challenges and difficulties in the practice of law, but at the end of the day, I look back on many happy memories and good times and realize that I wouldn’t trade my career for any other.
@tulsabar 24 Tulsa Lawyer
Gerald Hilsher
The idea of being a lawyer was first presented to me during my high school debate tournaments. Ordinary folks would be forced into service as judges, and I kept being told, “You ought to be a lawyer.” That’s when the light bulb turned on. I enjoyed the intellectual challenge of forming logical and compelling arguments, and researching topics for pithy quotes of doomsday scenarios whether the resolution we were debating succeeded or failed. Beside the intellectual challenge and the strategy plays, what drives me as a lawyer today is a long-held passion for justice. As a kid, I always wanted to be a super hero, like my favorite comic book characters. I wanted to be George Reeves, the TV Superman, “fighting a never ending battle for truth, justice, and the American way!” As a young district attorney in Austin, my job satisfaction came from helping return victims of sexual assault to the life they knew before their assault. As a private practitioner, I’ve taken on clients defrauded by their attorney, clients where promises were broken of great riches to be gained by “helping to grow the company,” and persons prosecuted unfairly as a result of deficient investigation, biased accusers, and the tunnel vision of prosecutors whose only goal is to win, not to do justice. I believe in fairness, playing by the rules, and telling the truth. What I love about being a lawyer is leveling the playing field, stopping the bully, protecting the vulnerable, and making sure the rules are followed.
BREAKING UP IS HARD TO DO: How do you know when to fire a a client? When asked to write this article, I was actually shocked. Over the past year a client assaulted me in a courtroom, and another former client is charged with murdering our party opponent. Years ago, a client threatened the life of the judge in his case. These are profound events in my career and I reflect on them almost daily. It is often said “wisdom comes from experience”, so maybe the former will be imparted upon you from my latter. The First Date Much like dating, the successful attorney-client relationship begins on the first date/appointment. You have a first impression. You have a gut. Is this someone worthy of your help? Do you like this client? Is their story compelling? Everybody has a right to representation, but, as a lawyer, you don’t have to represent everybody. Assuming your practice is primarily a commercial endeavor, not a pro bono one, you will be mercenary and take many cases simply for fee revenue. Indeed, the point of our practice is to earn a living, but there should be a minimum standard to which you uphold of client worthiness. For example, the client who assaulted me offered “to take care of” a disgruntled former client whom the new client shared the reception area before our appointment. I politely, yet somewhat awkwardly, declined his offer thinking he was joking, but I should have refused his divorce case. He was creepy. I discovered later that he had a long history of violence dating back to his childhood. Clients like this can be dangerous, posing a threat to the attorney, his family and staff. The first and most obvious time to fire a client is before they hire you. It is really as simple as just saying “no”.
By Ed Lindsey
When Things Go Sour It is not always obvious from the beginning that you should not take on a client. The relationship may sour during the representation too. I love being a lawyer. My proudest moments are when I genuinely help a client make their life better. Conversely, sometimes we are blinded by hubris thinking we can help everyone who walks into our office with a retainer. The first thing to realize is we won’t be successful with every client. Not every client will like the result we achieve. Not every client will take our advice. Like in life, there are winners and losers in the law. The sooner we come to peace with these realities the better. Consequently, this recognition makes the successful results even sweeter. The first paragraph of the preamble of the Oklahoma Rules for Professional Responsibility gives guidance as to the specific roles attorneys serve. It states: [1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. [Emphasis supplied.] So what happens when being a representative of a client conflicts with our role as an officer of the court or our role as a public citizen? As such, we are dutybound to adhere to our ethical standards and the rule of law. Moreover, we must comply with our own sense of morality and lead exemplary lives. When these roles conflict in the representation of a client, we must examine whether going forward first meets our professional ethics and complies with the law. Secondly but as equally important, we must determine if it meets our own personal standards and conscience. The next paragraph of the preamble defines our roles as a representative of the client [2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others. [Emphasis supplied.]
Paragraph 9 of the preamble further teaches us in pertinent part as follows: [9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living… As an advocate, we are to zealously assert our client’s position. If this is not well grounded in fact or the law, then our course of action is self-evident. Advise otherwise or withdraw from representation. What if our client’s position is legal and factual but morally repugnant? It is the lawyer’s personal decision to move forward or terminate the representation. Recently, I had a client who wanted to give up her parental rights to her son in exchange for the father to give up his rights to their daughter. She wanted to raise her daughter to the exclusion of the father and vice versa. It would be a legal and factually consistent result in that the parents were both alienated from their opposite sex children, but I couldn’t do it. As a father of daughters, I couldn’t be a part of a result permanently alienating children from their parents. It is the client’s right to assert their position. Likewise, it is the lawyer’s option to decline the representation as well. When
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this happens it’s time to say goodbye. She found another lawyer, I closed the file. When It Gets a Little Crazy In my first few years as a lawyer, I represented a disturbed client accused of assaulting and kidnapping his girlfriend. The allegations included putting a gun to her head and threatening her life. The day before trial, I met the client to prepare him. During the appointment, he threatened to assassinate the judge. The judge was African-American and the client kept referring to him with racial slurs. At first, it seemed like he was making an inappropriate joke, but he kept talking about it even after I asked him to stop. In the end, I believed he was capable of carrying through with his threat. He was a frightening and offensive man. I concluded the meeting. As an officer of the court I owe a duty to report any future crime disclosed by a client. I called the judge’s chambers requesting an immediate audience with the Court. I told the judge about the threats and requested to withdraw from the case. On the morning of the trial, the Court allowed me to withdraw and raised the client’s bond to $1,000,000 taking him into custody. Two months later my former client, represented by the public defender, was acquitted. A few weeks later on Christmas morning, I received a call from the client. He said he knew what I did and he was “thinking of
me”. Its been over twenty years now. Nothing came of it, but I wonder if he’s still out there “thinking of me”. Recently, I litigated a custody case where the party opponent was murdered. She was found by her eleven-year old son, the subject of the custody case. I fired the client months before this event. He lost in District Court, lost in the Court of Appeals and was denied cert by the Oklahoma Supreme Court. A month after the client’s final judicial defeat, the mother was dead. The client and his girlfriend are presently charged with the murder. I received a cryptic and somewhat threatening email the day of the homicide on the girlfriend’s email account. Apparently from the evidence in the case, I am alleged to be on the client’s “hit list” of people he wanted to kill. As unnerving as it seems, the email was turned over to law enforcement as I was no longer his attorney when he sent it and owe no privilege to him or his girlfriend regarding it. This client was unhinged, somewhat desperate, and always in a dark mood. Looking back now at the many red flags, I should have taken my exit much sooner. Relationship post-mortem Criminal defense attorneys must represent clients who are accused and often later convicted of terrible crimes. Family law attorneys represent people at their most desperate and unhappy times with their lives falling apart. These realities are part of the deal in our profession. Nevertheless if your gut is telling you someone is dangerous and unstable or they make overt threats, it is time to sever your representation. If your client takes a position you just can’t stomach, you don’t have to be a part of it. Let the client go. There will be others.
Since earning his license in 1992, Ed Lindsey has operated a private law practice, focused on criminal defense, family relations and civil litigation. He’s been an active member of Tulsa Lawyers Helping Children, the American Trial Lawyers Associations, the Oklahoma Trial Lawyers and Oklahoma Criminal Defense Lawyers Associations, and The National Crime Victims Bar Association. Also, he serves as a visiting assistant professor at Oklahoma State University in the Economics and Legal Studies Department.
Tulsa Lawyer Cover Photo Contest
Not a writer but love the lens? Submit your photos for a chance to be featured on the cover of a future Tulsa Lawyer Magazine. The deadline is always the first of the month prior to the month of publication. Example: Dec. 1st to be considered for the January issue. Send to jodyg@tulsabar.com.
Each winner will be awarded a
$25.00 gift card! Photo must be your work and you must own the rights to it.
GRAPEVINE SUBMISSION REQUIREMENTS: Grapevine submissions that exceed these limits will be edited as necessary. Submissions should be emailed to tulsabarnews@yahoo.com Firms: Firm announcements that include multiple persons should not exceed 350 words maximum. Individual Announcements: Individual announcements, relocation notices, award announcements, solo notices and similar items should not exceed 175 words. Pictures: Pictures for individuals mentioned in announcements are welcome. Please use the name of the person as the title of the picture when submitting. Submission Deadlines: All grapevine submissions should be received by the 1st of the month prior to the month of publication. Example: April 1st is the deadline for the May issue. Tulsa Lawyer will make every attempt to include announcements received by the deadline in the next available issue. If space runs low, we will hold your announcement until the next issue that has available space. Large announcments such as Super Lawyers, etc. may be withheld from publication if space is limited in any given issue.
28 Tulsa Lawyer
Grapevine News Best Lawyers, the only purely peer review guide to the legal profession, announced the 24th Edition of The Best Lawyers in America on August 15, 2017. McDonald, McCann, Metcalf & Carwile, LLP is pleased to announce that five of its partners, John J. Carwile, James P. McCann, Gary M. McDonald, Steven K. Metcalf and William H. Spitler, have each been named again to this prestigious list based on recognition by their peers for professional excellence in the practice of law. In addition, the firm is pleased to announce that James P. McCann has been recognized by Best Lawyers as the Tulsa Area’s 2018 "Lawyer of the Year" in the area of Mediation, and Steven K. Metcalf has been recognized by Best Lawyers as the Tulsa Area’s 2018 “Lawyer of the Year” in the area of Construction Litigation. "Lawyer of the Year" honorees receive this award based on extremely high overall feedback from practicing lawyers within specific practice areas and metropolitan regions. You may read the complete bios of the Firm’s members at www.mmmsk.com.
Hall Estill, Oklahoma’s leading law firm, with offices in Tulsa, Oklahoma City, Denver and Northwest Arkansas, announces that William “Bill” W. O’Connor and Jerrick L. Irby have joined the firm as Shareholders, and Margo E. Shipley and John “Jack” W. Dowdell and have joined as Associates in the Tulsa office. Bill has been practicing law for nearly 30 years and concentrates his practice in the litigation arena, specifically complex litigation in energy, pharmaceutical and medical device, employment, securities, antitrust, class action, intellectual property, construction, and tort and insurance law. He has been recognized as a Best Lawyer in America in Commercial Litigation, as well as an Oklahoma Super Lawyer in Business Litigation, where he has been named among the top 50 attorneys in the state. Jerrick has focused his legal career in the litigation arena, assisting clients in the areas of complex business and general litigation. While in law school, he served as managing editor of the Tulsa Law Review and was inducted into the Order of Curule Chair. Jerrick has been named a Rising Star in Business Litigation by Super Lawyers. Margo will concentrate her practice in litigation, assisting clients in the areas of complex business and general litigation. She represented immigrant clients through the Immigrants’ Rights Project at the University of Tulsa College of Law Boesche Legal Clinic and was inducted into the Order of the Curule Chair. In addition, she served as the Notes and Comments editor of the Tulsa Law Review while in law school. Jack will also concentrate his practice in litigation, assisting various clients with complex business needs and other general litigation issues. While in law school, he served as the Notes & Comments editor of the Tulsa Law Review. Further, Jack represented immigrant clients through the Immigrants’ Rights Project at the University of Tulsa’s Boesche Legal Clinic. “We are thrilled to have four outstanding attorneys join our team and we know they will be great representatives of our firm,” said Mike Cooke, Managing Partner for Hall Estill. “The
knowledge and experience that Bill, Jerrick, Margo and Jack bring will be additional assets to our clients. They are excellent additions to our growing firm, and we know they will continue to build on the firm’s reputation for excellence.” Bill received his J.D. from the University of Oklahoma College of Law where he was a member of the Oklahoma Law Review. He serves on the Board of Directors for the William K. Warren Foundation, the Oklahoma Center for Community and Justice, and Special Olympics – Oklahoma. Bill is also an AV-rated attorney through Martindale-Hubbell, a Benchmark Litigation honoree, and was inducted into the Bishop Kelley High School Hall of Fame in 1999. Jerrick received his J.D. with highest honors from the University of Tulsa College of Law and is licensed to practice in Oklahoma, Missouri and Kansas. Margo received her J.D. summa cum laude from the University of Tulsa College of Law and is a volunteer with Tulsa Lawyers for Children. Jack received his J.D. with honors from the University of Tulsa College of Law
Tulsa attorney Chad McLain of Graves McLain, PLLC, has been named President of Oklahoma Association for Justice (“OAJ”) at the Association’s November Annual Meeting. OAJ, formerly known as Oklahoma Trial Lawyers Association, is an organization of Oklahoma Trial Lawyers, who are committed to protecting the rights of injured Oklahomans. For over 50 years OAJ has worked tirelessly in the courtroom and at the statehouse to protect the rights of everyday Oklahomans. OAJ and its members work to: 1) Advocate for the civil justice system; 2) Enhance the practice of law; 3) Improve our local communities with important programs that give back and help; and, 4) Promote accountability & safety against wrongdoers and powerful corporations. As President of OAJ, Chad will to continue building relationships with legislators, and advance this important, progressive organization in their many community and consumer oriented goals and missions. On October 27, 2017, D. Kenyon (“Ken”) Williams, Jr., a Shareholder of Hall Estill Hardwick Gable Golden & Nelson, PC, presented on “Legal Aspects of Industrial Hygiene” at the Fall Conference of the Oklahoma Local Section of the American Industrial Hygiene Association, which was held at the MooreNorman Technology Center.
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Contact Us Doerner, Saunders, Daniel & Anderson, LLP welcomes associate attorney Helen M. Sgarlata to its Tulsa office. Her focus will be transactional and litigation matters. Helen is a 2016 graduate of the University of Tulsa School of Law where she earned her Juris Doctor degree and an LL.M. in Energy and Natural Resources. She completed her undergraduate degree at Oklahoma State University with a Bachelor of Science in Finance and a minor in Accounting. Previously, Helen worked at Eller & Detrich, P.C. During law school, she interned for two judges including the Honorable Judge Elizabeth Crewson Paris of Washington, D.C. and the Honorable Judge Dana Kuehn of Tulsa, OK.
TULSA COUNTY BAR SECURITY MEASURES: Recently the Tulsa County Bar Association underwent a series of security upgrades to our facility. These security upgrades were installed just this past week in an effort to ensure the safety of the all of those who are served by the Tulsa County Bar Association and who use its facility. We have installed security cameras in several key locations, and will be monitoring entry into the building. The main entrance is now secured with a magnetic lock controlled by staff. Beginning on Monday, December 18th, when you arrive, you will need to press the intercom button and announce yourself by name, bar number and purpose of visit. Staff will then remotely unlock the door. This is similar to security systems installed inside some courthouses, such as Rogers County, controlling access to court chambers. We at the TCBA will continue evaluating the best methods of providing for the safety and comfort of those who use the facility. Thank you for your continued support of this effort. 30 Tulsa Lawyer
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