Tulsa Lawyer Magazine November 2015

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November 2015

THANK YOU VETERANS Veterans Day November 11, 2015

Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Courage, Civility and Citizenship.



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In this Issue Veteran Reflections Page... 6 Fee Arb Committee

9 9 10 Special Allen David Veteran Smallwood Guten Feature

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Tulsa Lawyers For Children Videoshoot

Paralegal Section Your LRS Exciting Changes Questions Answered

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Travis Barnett

Capital Campaign

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Message from the President: A Season of Thanks 7 Winter CLE Schedule 25 Santa Brings A Law Suit 26 Lawyers Fighting Hunger 28 Grapevine 31 Classifieds

November 2015


A Message From the President

E. Zach Smith A Sea son of Tha nks There is too much to be written on the history of Thanksgiving to include in this month’s letter, however, I was able to pull an interesting article from the Center of Legislative Archives on the history of the date on which Thanksgiving was set. It is a relatively short article, but I found it interesting and enlightening, nonetheless. It is entitled “Congress Establishes Thanksgiving”, and it reads as follows: “On September 28, 1789, just before leaving for recess, the first Federal Congress passed a resolution asking that the President of the United States recommend to the nation a day of thanksgiving. A few days later, President George Washington issued a proclamation naming Thursday, November 26, 1789 as a “Day of Publick Thanksgivin” - the first time Tha nksgiving was celebrated under the new Constitution. Subsequent presidents issued Thanksgiving Proclamations, but the dates and even months of the celebrations varied. It wasn’t until President

Abraham Lincoln’s 1863 Proclamation that Thanksgiving was regularly commemorated each year on th last Thursday of November. In 1939, however, the last Thursday in November fell on the last day of the month. Concerned that the shortened Christmas shopping season might dampen the economic recovery, President Franklin D. Roosevelt issued a Presidential Proclamation moving Thanksgiving to the second to last Thursday of November. As a result of the proclamation, 32 states issued similar proclamations while 16 states refused to accept the change and proclaimed Thanksgiving to be the last Thursday in November. For two years two days were celebrated as Thanksgiving - the President and part of the nation celebrated it on the second to last Thursday in November, while the rest of the country celebrated it the following week. To end the confusion, Congress decided to


set a fixed-date for the holiday. On October 6, 1941, the House passed a joint resolution declaring the last Thursday in November to be the legal Thanksgiving Day. The Senate, however, amended the resolution establishing the holiday as the fourth Thursday, which would take into account those years when November has five Thursdays. The House agreed to the amendment, and President Roosevelt signed the resolution on December 26, 1941, thus establishing the fourth Thursday in November as the Federal Thanksgiving Day holiday.”

As a kid, I remember our family getting together to celebrate Thanksgiving each year at my maternal grandparents’ home. Each year everyone would arrive about the same time, a little before noon. We don’t have a particularly large family, but there were always between 20 and 30 people present, and we would congregate in the kitchen, dining room, and living room, where inevitably the Dallas Cowboys football game would be on at some point, playing the Detroit Lions. Everyone usually brought side dishes, including pies, cakes, casseroles, and the like, what you would typically expect of such a family gathering where mass quantities of food are to be consumed.

I found the article interesting, as I enjoy history a great deal. Thanksgiving has always been one of my favorite holidays, but even more so, just this entire time of year, from the beginning of October until the end of December and into New Year’s Day, I have always felt that some of the best days as an Oklahoman can be experienced during the final three months of the year. The weather finally cools off and the oppressive heat leaves us. If you are a sports fan, there truly is no better time of year, college football tailgating is at its best, the NFL dominates our TV sets on Sunday afternoons, and college basketball, NBA and NHL regular seasons are in full swing. Halloween, Thanksgiving, and finally, Christmas, will follow each other in succession. This time of year also seems to go by the fastest. Before long, we will all be saying, “I swear, it feels like we just had Thanksgiving. Where does the time go?”

As is tradition in many American families, my grandfather always prepared a Turkey, as well as his own homemade stuffing, and my mother made a huge bowl of mashed potatoes, a favorite of mine. I wasn’t a big turkey fan, so I more often than not opted for the ham. However, mash potatoes and gravy were a must! For some reason that only young boys know, as a kid, I thought Thanksgiving was an opportunity to see how much food I could eat at one setting, usually in competition with my cousin until one of us gave up because we were on the verge of “food comas”. (As a side note, this “tradition” continued into our late twenties until we both realized we “couldn’t eat like we used to eat”.) Just as many other children are innocent of the harsh realities of the world, my sisters, cousins and I we were not aware of just how fortunate we were to partake in this wonderful American tradition with our families. continued on page 4

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We did not know there existed other, less-fortunate people in our state, country, and world, many of whom did not have either a family or a home with whom to share in such excess. Of course, as we grew older, we did become aware of our good fortune, and for me, it finally became apparent during our annual tradition of “giving thanks” before sitting down to enjoy our meal. Before anyone grabbed a plate, everyone in our family, including any guests, made a circle, held hands, and my grandfather would lead us in prayer. At the end of the prayer, we would then go around the room, and everyone would state for what they were thankful for that day, that year. For the most part, this tradition has carried on for all these years, and we still engage in this practice to this day. It is one of my favorite parts of Thanksgiving. I think the best part of Thanksgiving is exactly the purpose for which it exists, to give thanks, to recognize how fortunate one is. It is so easy as an American to

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take for granted the wonderful things we have in life. So often we can become sidetracked with the “struggles” of our daily lives, forgetting that we have so much given to us, so many blessings. My Mom used to say, “If everyone could put their problems in a pile and see everyone else’s, then everyone would want their problems back”. It is one of my favorite “sayings” of hers, and I feel that it is so true. Everything is relative in life. As I have gotten older, I have grown to really appreciate the meaning of this traditional American family gathering. While I am sure that each of you have your own family traditions, and while I am sure it may mean more or less to some, what becomes apparent at some point in life is just how important those gatherings are. Family, the cornerstone of all life, whether it be big or small, is what gets us through the rough times, as well as giving us people with whom to celebrate the good times. Friends and family give us purpose, support, and love. Over the years we can all recall fond


memories of the important people in our lives, many now long gone, who gave us that purpose, support, and love, and some of the best memories of them are from Thanksgiving Day gatherings. No matter how you and your family celebrate Thanksgiving this year, please have a wonderful time, and remember to truly give “thanks�. Make new, wonderful memories, and enjoy all of the blessings our great life has given us. I wish all of you a wonderful, Happy Thanksgiving!! E. Zach Smith TCBA President 2015-2106

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Fee Arbitration Committee News

At no cost to lawyers or former clients, this Committee resolves disputes involving the amount or reasonableness of attorney fees and/or costs charged or to be charged by the lawyer for professional services for the benefit of the former client.

For more information, contact Committee Chairperson, Tamera A. Childers of ChildersPost, PLLC, at 918-574-8990 or by email at tamera@childerspost.com.

The arguments of the lawyer and former client are received by an Investigator selected by and from the Committee members. The Investigator interviews the parties and summarizes their positions and presents those positions to the Committee in a closed hearing that is not open to the public or the parties. Committee decisions are made by majority vote of a quorum of at least 12 persons including both attorneys and non-attorneys. Decisions of the Committee are binding upon the parties and may be enforced by subsequent court action. This Committee does not resolve client grievances. Committee meetings are scheduled at 4:30 p.m. on the following dates:

November 18 December 9 January 13 February 10 March 9

HHW 2015-2016 SESSION Hudson Hall Wheaton Inn announces the 2015-2016 Session under the leadership of this year’s President Judge Deborrah Ludi Leitch. This year the Inn’s presentations will include a number of expert speakers who embody the professionalism, ethics, and legal skills that promote excellence in the legal community.

The Inn is looking forward to an exciting and eventful year.

April 13 May 11 June 8 July 13 August 10

President: Judge Deborrah Ludi Leitch Past Pres: Judge Kurt Glassco Administrators: Bryan Harrington Kristin Fulton Harrington Treasurer: J Schaad Titus Program Chair: Phil Richards Membership Chair: Craig A. Fitzgerald CLE Chair: Craig A. Fitzgerald Web Master: Judge Charles Hogshead Publicity Chairs: Ciera Freeman Name Tags: Leslie McGuire

www.hudsonhallwheaton.com 6 Tulsa Lawyer


TCBA offers top-quality seminars on a wide variety of topics to help attorneys stay current in their practice as well as meeting the mandatory continuing legal education requirements.


Veteran Reflections Veterans Day November 11, 2015

This Veterans Day we pay tribute to and thank our veterans for their service and sacrifices. We asked three of our TCBA Veterans to share on the topic of Veterans Day from any perspective they chose. We hope that you will reflect on their words and the next time you have the opportunity, Thank a Veteran. 8

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What Veterans Day Means To Me Allen M. Smallwood

In order for all of us to fully understand the significance of Veterans Day, in my opinion, it needs to be placed in its historical context. While our country has been made from wars (at least 10 by my counting), November 11th gained a significance from what was then called The Great War, what we now call World War I (that was back in the naïve days before we realized we were going to have to start numbering the world wars). WWI ceased by agreement of all belligerence at the 11th minute of

the 11th hour of the 11th month in 1918. Interestingly, most accounts indicate there were between 5,000 – 10,000 KIA’s (Killed In Action) in the 24 hours leading up to November 11, 1918. As a result of the WWI armistice, November 11th became known in this country as Armistice Day (Remembrance Day in Great Britain) and, God knows what in France, Germany, Austria, Italy, etc. Armistice Day became a federal holiday in the United States in 1938 and after the slaughter of the WWII and the Korean War, Armistice Day became Veterans Day by act of Congress and executive order of President Eisenhower. I happen to believe the American male is the luckiest and most privileged member of our species who has ever lived. With such luck and privilege comes responsibility. Part of that responsibility is that as a result of our position in the world (at least since 1900) as well as our adherence to values of freedom and democracy we have been engaged in most if not all of the significant conflicts in the world for the last century and a quarter. While most

of the dying has been by American males, we must never forget the contribution of the American female to both the military, in an active sense, as well as extraordinary contributions to auxiliary services such as non-combat physicians and medical personnel. I do not consider any veterans, certainly including myself, as heroes in any sense of the word but merely as individuals who suited up when their country needed their service (and often times their lives) in exchange for the extraordinary privilege to live in this wonderful country. None of us have earned that, we are only here by the blindest of luck but failing to recognize our privileged position would be a sin against the memory of our country. Therefore, what Veterans Day means to me is the grateful acknowledgment of a generous country to those of us who, when called upon, gave all that we had including some who in Abraham Lincoln’s immortal words gave “the last full measure of devotion.” Happy Veterans Day to all!

Veterans History Project of the American Folklife Center First-hand accounts of U.S. Veterans - Visit www.loc.gov/vets Consider how you can contribute to the preservation of our veterans stories and history.

The Veterans History Project of the American Folklife Center collects, preserves, and makes accessible the personal accounts of American war veterans so that future generations may hear directly from veterans and better understand the realities of war.

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A VETERAN’S APPRECIATION David A. Guten, Maj, USAF

Thank you. To a Veteran there may never be a more powerful set of words than the sincere expression of appreciation for the sacrifices and commitments made to defending our freedom and our country. And while no service member would ever expect praise for his or her duty, this simple expression can sometimes mean more than any medal or ribbon could. As I sit here trying to decide what to write, searching for words on a topic that is very near and dear to my own heart, I catch myself staring at a blinking cursor. Writing and deleting, writing and deleting…more blinking cursor. I could write about my deployments over the years and the things I’ve done, but quite frankly some of it is probably pretty boring, and the rest is classified- I could tell you, but then I’d have to kill you. I’m sure I could easily fill a page with historical information about the significance of November 11th and Armistice Day, but if you really wanted a history les-

son you could look it up on Wikipedia. More blinking cursor. I can’t help but reflect on the last 12 months of my life, having spent 7 of them away from home. Relatively speaking, when you consider all the things you have to remember in a day- I need to call that client back, I have a meeting over lunch, did I remember to feed the dog this morning, did my son grab his lunch box when we left the house, where is so-and-so’s file, I have to finish that brief this afternoon- being in combat is pretty simplistic. Not fun or easy, just simplistic. You know your job, and you do it. That’s it. I left in October of 2014 for what was to be my 7-month getaway at the foothills of the Hindu Kush Mountains, living inside 10 foot tall concrete walls lined with razor wire stretching over a 6 mile radius at Bagram Airfield, Afghanistan. It wasn’t exactly a 5 star resort, but I’ve certainly seen worse. But despite the frequent incoming rockets and small-arms fire, or the fact that you knew some of the locals that we, the US Government, had hired to work on the base were the same guys who were providing intel to Al Qaida, missing the holidays was the hardest part of the deployment by far. I missed all the boys’ birthdays, my wife’s birthday, Halloween, Thanksgiving, Christmas, New Years, my birthday, Valentine’s Day, Spring Break, St. Patrick’s Day (she’s Irish, so it’s a big deal), Easter, and maybe not so ironically, Veteran’s Day. I remember heading

Pictured Center

TCBA Member & Veteran David A. Guten, Maj, USAF

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up the ramp of an AC-130 Gunship, huddling together with the 11-man crew, arms over each other’s shoulders, heads together, saying a simple prayer before we departed for the evening’s mission. When it was done, the aircraft commander looked at all of us and reminded us that it was Veteran’s Day, and thanked us all for our service. I don’t know that I can adequately describe the overwhelming sense of pride that I felt at that moment, along with lump that formed in my throat. But as I sit here trying to fit something meaningful into “900 words or less”, I realize that I’m not the only one who has made sacrifices. My wife may never have to don a chem suit, or put on a gas mask, or eat an MRE, or have to walk around with a 60 lb ruck (although if she did I’m sure it would be Louis Vuitton), but I can assure you that her dedication to my military career is just as significant as my own. My obligation to duty means that while I’m gone, she’s essentially a single parent, juggling a full-time job, 3 kids with baseball and soccer and golf and birthday parties and parent-teacher conferences and making sure their teeth are brushed,

hair combed and that they’re wearing clean clothes, did their homework, making sure the house is clean, yard mowed, trash taken out…there’s not a “thank you” big enough to begin to show the appreciation I have for what she does while I’m away. So maybe that’s my Veteran’s Day submission: a simple letter of appreciation from me to all of the husbands and wives, mothers and fathers, brothers and sisters, and children of service members. Thank you for YOUR service. Thank you for the sacrifices you make in order to allow us to be able to do what we do. To the guys in my office and my good friends, Anthony, Zach and Travis- thank you. To Mary Ann for holding down the fort, thank you. To my close friends, my family, and to our judges, thank you for the love and support. To Sean, Aidan and Jacob for all the pictures you drew for me at school and for all the 3 minute Skype calls, thank you. And while I know she’ll likely never read this article, to my wife, Maura. Thank you from the bottom of my heart.

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SELFLESS SERVICE:

BRIDGING THE DUALITY OF MAN Travis Barnett

One more year has passed and once again I am asked to write an article to honor our November Veteran’s issue. I am always honored to write these articles and this year as my thoughts turn to what has become for me the most solemn of holidays I think of what to say to you my colleagues in our most noble of professions. The answer for me this year is service, not only service but selfless service. In my life I have two competing personalities, as stated in the movie Full Metal Jacket, a duality of man which struggles within myself; soldier and attorney. For the most part I keep them contained in their respective roles in my life but it has increasingly become more and more difficult to do so. This past year I had an epiphany in that these two roles are not necessarily mutually exclusive in that both roles emphasize service. The army has core values which are Leadership, Duty, Respect, Selfless Service, Honor, Integrity, and Personal Courage. These are the traits taught to all who are worthy to be called soldier. When I began my career twenty one years ago these values were not so succinctly spelled out but where there nonetheless, in everything taught to me in basic training and on. These values drive our soldiers to be the most professional Army in the world and I will take just one to explain. The Army has defined Selfless service as:

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Selfless Service: Put the welfare of the Nation, the Army and your subordinates before your own. The Army Value of Selfless Service represents our willingness to endure and sacrifice much despite obstacles and challenges. We serve a greater purpose and sacrifice for each other because of our love for our country, family, fellow Soldiers and for freedom. Essentially to sacrifice yourself for the greater good. It is how I have tried to spend my career as a Non-Commissioned Officer. The little sacrifices each and every time I am on duty. I am the last to eat, the last to drink, the last to sleep and the first to awake; everything is geared toward accomplishment of the mission and well-being of my soldiers. To me it’s simple, it just makes sense, for me to ask my soldiers to bear depravity to accomplish the mission I must first endure it myself and bear the brunt of it if need be. This type of commitment has in recent years been “codified” in the Warrior Ethos of the United States Army: WARRIOR ETHOS I will always place the mission first. I will never accept defeat. I will never quit. I will never leave a fallen comrade. Four simple lines that tells you all you need to know of what it means to be a United States Soldier, a warrior, the only Army in the world that is willing to risk their soldier’s lives in the defense of other nations and strangers. So how does this relate to being an attorney? Well I looked at myself and my attitude as it relates to my other role as attorney and realized if I was part of a profession which is at its essence designed to help others. Granted this is a profession and how I make my


All of these are designed for us to be more than lawyers. We are to strive to benefit the greater good. To serve our community and make it a better place. To do so in a manner that we at times sacrifice our financial benefit for the good of our community. These rules call us to perform Selfless Service just as the Army requires of its soldiers.

living and support my family but I realized that if I do not conduct myself in a manner that my works help people in their lives then it was a hollow job. Our Standards of professionalism in their firs rules state: 1. We understand that the law is a learned profession and that among its tenets are devotion to public service, improvement of the administration of justice, and access to justice for our fellow citizens. 2. A lawyer’s word should be his or her bond. We will not knowingly misstate, distort or improperly exaggerate any fact, opinion or legal authority, and will not improperly permit our silence or inaction to mislead anyone. Further, if this occurs unintentionally and is later discovered, it will immediately be disclosed or otherwise corrected. 3. We will donate legal services to persons unable to afford those services. 4. We will participate in organized activities designed to improve the courts, the legal system and the practice of law.

I do not advocate that all work is pro bono, or that attorneys should donate all of their time, I simply realized that if I am able to use my skills, knowledge, and expertise to help my community or fellow man, then I should do so. The good news is I believe most of my colleagues do this and despite the lawyer jokes abound, most of us do selfless service for our community. So during this past year I have spent time reconciling my role as soldier and my role as attorney. I have found much common ground but none so clear as our call to service and service to others. Selfless Service has become the bridge linking my duality of soldier and attorney. On this veteran’s day let us remember those whose selfless service has protected our nation, bettered our community, and preserved the American way of life; and let us not forget those who did not come home.

The Bar Center will be closed, Wednesday, November 11, 2015 in honor of Veterans Day.

Thank you for your service and sacrifices.

5. We will contribute time on a pro bono basis to community activities.

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Tulsa Lawyers for Children

TLC Videoshoot Bringing Awareness Tulsa Lawyers for Children TLC is a nonprofit organization dedicated to providing legal services through its volunteer lawyers. Private practice attorneys volunteer their time to represent children and their “expressed interests” in hearings which determine whether their clients remain in foster care, or reunited with their parents or are freed for adoption. (TLC), Executive Director Elizabeth Hocker, Special District Judge Rodney Sparkman and Oklahoma Bar Foundation Grants and Awards Chair, Millie Otey participated in a videoshoot designed to bring awareness to its viewers about the needs of the abused and neglected children in DHS custody. Judge Sparkman is currently assigned to the Juvenile Bureau and knows, first hand, the difficulties faced by the abused and neglected children that are basis for TLC. “Judge Sparkman goes out of his way to make sure TLC attorneys are recognized and heard on each of his cases. He respects the time TLC volunteers dedicate to visiting children in their homes, especially when the children are place4d in foster care,” said Ms. Hocker. TLC is a recent grant recipient of the Oklahoma Bar Foundation. “The OBF recognizes the essential work of TLC in providing vital services to one of the most vulnerable segments of our society: Children. It is the mission of the OBF to help financially support programs of this nature,” stated Millie Otey. Funds provided by the OBF are used to provide training for volunteer attorneys on the intricacies of Title 10 A. and direct services to child clients. According to Executive Director Hocker, “These children grow up and will

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carry with them the memory of how they were treated in and out of Court and how much they benefited from a lawyer who helped them through what is probably the worst time of their lives.” Since June, 2015, TLC has almost doubled the number of active volunteers representing abused and neglected children at the Tulsa County Juvenile Bureau District Court. Much of the good work in recruiting volunteers can be attributed to Ms. Paige Hoster Good of Newton O’Connor law firm.


• Membership renewal and forms are available online. • Fill out your Committee Request Form • Join Sections • Pick up your TCBA Member Directory • Sign up for Continuing Legal Education

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TCBA Paralegal Section

Exciting Changes, Roundtable Discussions & More Several of the TCBA Paralegal Section members met this summer to decide on topics and agendas for 2015 – 2016. It was decided that we would change our usual “business meeting” format to one that would include round table discussions and guest speakers. It is the intention of the section to provide information to our membership that will assist them in their daily work. The Section’s first meeting, “How to Wow in Adobe”, was a round table discussion led by Deborah Woodruff on how she utilizes Adobe-Pro in her workload. Demonstrations regarding using Adobe and several handouts were given to the attendees. These handouts included how to split a 300 page pdf into separate documents by using a bates number, how to use Adobe to redact by using search terms or phrases and how to rename files using a bates number when the file is named something

other than the bates number. Karlyn Apon and Rhonda Leeds discussed an alternative to Adobe-Pro which had similar functions and was less expensive to purchase. Numerous members joined in the discussion which also included information on litigation software packages.

welcome members, old and new, and any attorneys that would like to attend. Section meetings are held the first Thursday of each month at the TCBA center. Members receive lunch and non-members pay $5.00 for lunch. The next meeting is November 5th.

The October 1st meeting feature was “Excel … A Paralegal’s Best Friend”. Several of the members discussed how they use Excel in their workload utilizing it for time entries, deposition and trial exhibit lists, medical records summaries and expenses, as well as use in family law and other practice areas. Other areas of discussion included where to find and how to use formulas and timelines.

Please join us this year for upcoming topics which will include litigation software, how to protectclient’s electronic data, the basics on computer security, database management and other current topics. If you have topics that you would like to receive information on or would like to see discussed, please forward them to:

Deborah Woodruff, Chairperson Section members seem to be dwoodruff@fellersnider.com pleased with the new format and we have noticed several new fac- Karlyn Apon, Vice Chair es in our meetings! As always, we kapon@dsda.com

The Bar Center will be CLOSED November 26th & 27th Tulsa Lawyer 19


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.

Some Types of Referrals That We Receive

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 Do You Join?

Adoption, Civil Rights Violations, Consumer Problems, Contracts, Credit Problems, Estate & Probate, Foreclosure, Bankruptcy, Criminal Actions, Increase Your Client Base Divorce, Employment Law, Landlord/Tennant, Many of the individuals who use the Lawyer Re- Immigration, Oil & Gas, Workers’ Compensation, ferral Service can afford an attorney, they just need Writing a Will, Wrongful Termination and much advice on what kind to use. All of our referrals are more! Whatever your practice we can help clients potential clients for you. find you!

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.

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 ½ price - $37.50! ****

If you have any questions or would like You are then contacted by our office either by phone additional information please contact or via email with information on the referral. The Julie Cook at 918-584-5243 ext. 221 or referral client pays the TCBA a $25 referral fee and juliec@tulsabar.com you provide the first ½ hour of consultation. After that, if you decide to take the case, additional services and fees are arranged between you and your client. 20 Tulsa Lawyer



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THE TULSA COUNTY BAR FOUNDATION’S ANNUAL

Santa Brings A Law Suit Professional Clothing Drive

Once again, the Tulsa County Bar Foundation, in conjunction with the TCBA, is gearing up for its ever-popular “Santa Brings a Law Suit” clothing drive. The drive annually provides business attire to men and women in need so they may make the best possible impression during a critical job interview or their first day of work. The legal community is particularly well “suited” for this task as so many of us wear professional attire every day. If you have professional or business casual clothes for men or women – suits, dresses, skirts, blouses, dress pants and shirts, ties, belts, shoes, etc. – please begin to put them aside for the benefit of needy and deserving Tulsans.

DATES

DROP-OFF LOCATIONS:

This year’s drive begins on November 10th and runs through December 11th. Clothing can be dropped off at the locations listed below during regular business hours. All items should be clean, on hangers and ready to wear. At the conclusion of this year’s drive, the TCBF’s Community Outreach Committee will deliver the clothing to Tulsa area charitable organizations, including the Salvation Army, John 3:16 Mission, Goodwill and Women in Recovery, who truly appreciate and utilize your donation of professional attire to better our community. Your generosity is greatly appreciated (and tax deductible.) Tax receipts will be made available if you leave your name, mailing address, and a general description of the items donated at the time you drop off your donations.

Let’s have a wonderful holiday season, and build on the past success of this drive by cleaning out our closets and helping Tulsans get back to work!

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Lawyer Referral ServiceNotice: The TCBA Lawyer Referral Service is currently seeking attorneys who practice in the following areas of law:

Landlord/Tenant Employment Please consider joining us to meet the needs of these clients. Many are in need of simple answers and your expertise can make a difference for them. Where would you go if you were in their shoes? See page 20 of this issue of Tulsa Lawyer to see how you can join us. Or contact Julie 918-5984-5243 Ext. 221, juliec@tulsabar.com Tulsa Lawyer 27


Grapevine News Curtis Craig, General Counsel of Explorer Pipeline, and Chris Paul, General Counsel at Blueknight Energy Partners, both of Tulsa, presented a program at the 2015 Association of Oil Pipe Lines’ Annual Business Conference in Atlanta, Georgia on Comprehensive Compliance Programs – Issues and Tools. The presentation covered challenges faced by counsel in dealing with compliance in a highly regulated environment, and the tools that they use to help their Riane Fern & Anna Lukeman organizations stay in compliance and address issues of noncompliance. both state and federal courts and in arbitration proceedings. Fern graduated summa cum laude with a bach McAfee & Taft, has announced the addition of elor of arts degree from the University of Oklahoma Riane T. Fern as an associate in its Oklahoma City of- in 2011 and summa cum lade from the Oklahoma City fice and Anna C. Lukeman as an associate in its Tulsa University School of Law in 2015. While in law school office. she was a member of the Oklahoma City University Riane Fern is a trial lawyer whose civil litiga- Law Review, earned 17 CALI Awards for top academic tion practice involves the resolution of a broad range of performance and was selected by the law school faculty complex commercial and business disputes in to receive the Outstanding Senior Law Student Award presented by the Oklahoma Bar Association.

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During her final semester of law school, Fern served as a judicial extern for The Honorable Robert E. Bacharach of the U.S. Court of Appeals for the Tenth Circuit. Anna Lukeman is a labor and employment attorney who represents management exclusively in all aspects of dispute resolution arising from the employer-employee relationship, including litigation before state and federal courts, arbitration panels, and regulatory and administrative agencies. She also counsels employers on such issues as wage and hour matters, employee discipline and discharge, handbook development and personnel policy violations, anti-discrimination and anti-harassment, employee contracts and non-compete agreements, confidentiality agreements, and litigation avoidance and compliance with other state and federal laws. The Tulsa native graduated with special distinction with a bachelor of business administration degree in human resource management from the University of Oklahoma in 2012 and with highest honors from the University of Tulsa College of Law in 2015. While in law school, Lukeman served as editor of the Tulsa Law Review and as president of Phi Alpha Delta legal fraternity and was named to the Order of the Curule Chair. Cybersecurity and Data Privacy are complex and interrelated issues impacting nearly all corporations today. Due to technological advances that allow for the collection and storage of tremendous amounts of computerized data, corporations now manage significantly more information than ever before and are faced with an increased risk that such information will be improperly accessed or used. GableGotwals attorneys have been assisting clients in safeguarding and protecting data as required by law and based on best practices. Our attorneys also assist clients in identifying their responsibilities should such data be breached and in fulfilling those obligations. Due to the significant increase in cybersecurity issues across the country and throughout the world, GableGotwals has formalized a Cybersecurity and Data Privacy Group to assist clients in navigating these complicated issues. With extensive backgrounds in compliance and employment law, Tom C. Vincent, II and Diana Tate Vermeire, lead the GableGotwals Cybersecurity and Data Privacy Group. Tom has significant experience in banking, financial services, and trust company compliance, as both Chief Compliance Officer and Bank Secrecy Act/ Anti-Money Laundering Officer. A Certified Regulatory Compliance Manager, Tom’s hands-on industry

experience helps him guide clients though the myriad of state and federal laws, regulations and requirements to ensure compliance and protect them from potential lawsuits and regulatory action. Tom’s experience in data security, employee training and policy development allow him to assist clients in fulfilling their cybersecurity responsibilities with solutions tailored to their particular circumstances. Diana has extensive experience in the corporate and nonprofit sectors bringing experience in the areas compliance review that includes an analysis of work place policies and procedures, identifying areas of exposure for potential litigation, and offering solutions that not only ensure compliance, but also the adoption of better corporate practices, particularly in the areas of employment law and cybersecurity and data privacy. In addition, her practice often involves Government Relations and representing clients with policy makers in order to negotiate compromises that are best for all parties.

Lauren M. Marciano has joined the firm of Rhodes, Hieronymus, Jones, Tucker and Gable as an associate. Her practice is concentrated in civil defense litigation. Lauren was born and raised in Pittsburgh, Pennsylvania. She earned her Bachelor of Arts in Political Science, magna cum laude, with an additional concentration in Neuroscience, from the University of Pittsburgh. Lauren moved to Tulsa in 2012 to attend the University of Tulsa, College of Law, where she obtained her Juris Doctorate with highest honor. Lauren was elected to The Order of the Barristers and served as a Director and Senior Director of the Board of Advocates. Ms. Marciano competed in the National Health Law Moot Court Competition and the National Native American Law Students Association Moot Court Competition. She is a member of the Phi Delta Phi Legal Honor Society and the Delta Theta Phi law fraternity. Awards: Family Law Negotiation Competition, March 2013: Second Place; Hager Torts Appellate Competition, February 2014: First Place; Business Transaction Negotiation, October 2014: First Place; CALI Excellence for the Future Awards: Military Law

Tulsa Lawyer 29


Sherwood, McCormick, & Robert is proud to announce that Grant A. Carpenter has joined the firm as an associate. He graduated from the University of Oklahoma College of Law in 2015 and Southern Methodist University in 2012, with a Bachelor of Music in Voice Performance. While in law school, Mr. Carpenter participated in the Early Settlement Program, a service providing free mediations for small claims and family cases. His practice will focus on business litigation, non-profit law, personal injury and elder law.

Hall Estill, announced today the addition of three new associates. Courtney Kelley and Joel Johnston have joined the firm’s Tulsa office, and Ashley Roche has been added to the firm’s Oklahoma City office. “Courtney, Joel and Ashley are three very diverse individuals who each bring their own areas of strength to the firm,” said Mike Cooke, managing partner for Hall Estill. “They will be great assets to the firm and our clients. “ Kelley is a graduate of the University of Colorado and received her Juris Doctorate at Washburn University School of Law. During law school, Kelley served as a staff writer for the Washburn Law Journal, as well as secretary for the Oil, Gas and Energy Law Society. In addition, Kelley received the Joe Rudd Scholarship from the Rocky Mountain Mineral Law Foundation during her second year of law school. Kelley will practice primarily in Energy & Natural Resources. After graduating from Colorado State University, Johnston began his career as an environmental and energy consultant. He received his Juris Doctorate from the University Of Tulsa College Of Law. During law school, he served as a Notes and Comments Editor for the Energy Law Journal and was a Chesapeake Energy Corporation Scholar his second year. Johnston is also a licensed professional/registered geologist in Arizona, Missouri, Nebraska and Wyoming. Johnston will primarily focus his practice in Environmental Services. 30 Tulsa Lawyer

Roche graduated from Oklahoma State University and received her Juris Doctorate from Southern Methodist University Dedman School of Law. As an undergraduate, Roche was named an Outstanding Senior at OSU and received the Raymond D. Thomas Award which recognizes the top Senior in the business school based on academic achievement and community involvement. While in law school, Roche was the Senior Note Editor of the Science & Technology Law Review, as well as Program Director Chair for the Association of Public Interest Law. Roche’s primary focus will be Energy & Natural Resources.

Two new associates have joined GableGotwals this fall. Andrea Pickryl and James M. Scears are both transactional attorneys who will be working in the Tulsa office. Andrea’s primary focus will be Transactional law including areas such as Mergers & Acquisitions, Corporate & Securities Law, Energy, Oil & Gas, Banking & Financial Institutions, and Health Care. Andrea worked as a summer intern at GableGotwals in 2013 and 2014. Andrea received her JD with honors from the University of Tulsa School of Law in 2015 and her undergraduate degree from Baylor University in 2011. James will focus his practice on tax law, as well as estate and trust planning. Scears returns to Oklahoma after practicing law in Zurich, Switzerland, where he focused his practice on private wealth management, international taxation, and estate and trust planning. He graduated from the University of Oklahoma College of Law in 2012 with honors and holds an LL.M. in Taxation from New York University School of Law. He earned his undergraduate degree from the University of Oklahoma in 2009.

Grapevine News Send to tulsabarnews@yahoo.com


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Tulsa Lawyer Magazine Official Publication of the Tulsa County Bar Association

The Tulsa Lawyer is a full-color monthly publication of the Tulsa County Bar Association and is distributed to its membership of over 2,100 attorneys, Tulsa County Courthouse, the Law Library, the Oklahoma Bar Association and all advertisers.The Tulsa Lawyer accepts advertisements for products or services that have an existing or potential market in the Tulsa Legal Community. Space reservations may be requested, but no guarantee of ad placement can be made. The Tulsa Lawyer reserves the right to reject any advertisement. SUBSCRIPTIONS • Subscriptions are available for $40.00 a year for those who are not Tulsa County Bar Association members or advertisers. CLASSIFIED ADS • Classified ads are accepted at a charge of $35.00 for 40 words and .25 cents for each additional word. • You can add a small picture or color logo for $10.00. DEADLINE FOR SUBMISSIONS • The deadline for submitting advertisements is 5:00 PM on the 10th of the month preceding publication. • Example: Oct 10 for the Nov issue) Ads accepted after this date will be published if space and time allow. PAYMENTS • Due upon receipt of invoice. Please make check payable to TCBA. • Credit card payments can be made at our website www. tulsabar.com a small convenience fee will be charged. Advertising Rates - Please visit www.tulsabar.com or contact TCBA at 918-584-5243 for ad sizes & rates. Submit: Send files to accounting@tulsabar.com PRODUCTION REQUIREMENTS Preferred Material: Digital files are preferred. Four-color CMYK film is acceptable but file must be built to the correct ad dimensions. We cannot accept ads in the following formats: Microsoft Word, Publisher, Powerpoint or Corel Draw. Black only ads can be submitted as camera-ready copy.

File Formats Accepted: Color ads: All digital files must contain only CMYK data. No RGB or any other color space accepted.

Files must have a resolution of at least 300 dpi. Files will be output with a line screen of 133. The following are acceptable formats. Keep in mind, printer will not be able to make corrections in these formats: 1. CMYK or grayscale EPS All fonts must be outlined. 2. CMYK or grayscale TIFF 3. PDF 1.4 or lower version (Write a postscript file and use Acrobat Distiller to make PDF file; do not use an export PDF plug-in within program to make PDF. Distiller must be set up for 300 dpi, CMYK output.) 4. Fonts must be embedded. The following formats are also acceptable. All fonts and artwork must be provided along with page layout file. Printer will be able to make minor corrections if necessary: 1. QuarkXpress 6.5 or lower (PC or Mac version) 2. Illustrator CS2 or lower (PC or Mac version) 3. InDesign CS2 or lower (PC or Mac) Pagemaker 7.0 or lower (PC or Mac version)

Black and White ads:

Files must have a resolution of at least 200dpi. If you are not familiar with the technical terms above, please feel free to call or email for clarification – Jody at accounting@tulsabar.com or 918-584-5243 ext 240. If staff assistance is required or requested to prepare any display advertisement there will be an additional “set-up” charge at $40 per hour, with a 1 hour minimum. This includes attempting to rearrange existing layout of an ad submitted. All advertising must be accompanied by a written request including: • • • • • •

Ad size Number of insertions and dates Position preference Full name & mailing address Contact full name & address Magazine mailing address



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

Without liberty, law loses its nature and its name, and becomes oppression. Without law, liberty also loses its nature and its name, and becomes licentiousness.

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