CLE-Sign Up Now!
October 2015
Artificial Accomplishments & Our Profession
American Bar Association Annual Meeting Review
Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Courage, Civility and Citizenship.
Tulsa Lawyer
In this Issue
s n o i n i Op e r o M & s w e i Rev
7
8
10
11
Sign Up for CLE
Turpen Time
OBA Annual Meeting
Legal Distraction
Winter Line-Up
A Book Review
13
14
18
22
Things To Do
American Bar Association
The Souding Board
Lawyers Fighting Hunger
ABA Delegate Review
Shopping in Chinatown
24
31
32
Diverstiy Committee
TCBA Contacts Committe & Section Information
Submission Guidelines
2
Message from the President: Artificial Accomplishments
26 Capital Campaign Update 28 Grapevine 30 Classifieds
October 2015
A Message From the President
E. Zach Smith
Artificial Accomplishments & Our Profession I recently watched a fascinating story on HBO as part of its Real Sports series with Bryant Gumbel. The title of the series was, “Trophy Nation”, and while I am paraphrasing, the major question posed was this: “Does giving trophies to all children participants, regardless of actual accomplishment, harm them in the long run”? What the story revealed was a practice that began in the late 90’s as part of a movement to increase self-esteem among children participants in sports. The practice involves giving a trophy to all children participants in athletics, regardless of actual outcome or merit. For example, if a child played on a team that finished dead last in a league of ten teams, that child and his or her teammates still received “All-Star” trophies. Some of the trophies given out by leagues can be as high as 17th Place, for example. Surprisingly, often times a team that finishes first-place is given a trophy identical to the trophies given to the “last-place” teams. The theory is that participation and “trying your best” should be rewarded, regardless of whether a kid finishes in first or last place. The purpose of this practice, according to its proponents, is to build confidence and self-esteem in children participants of athletics. Proponents of the practice are often administrators of sports leagues, schools, or parents of children who are participating in sporting events. One of the major administrators highlighted in the series stated he had “zero parents” come forward and oppose the practice, stating if a majority of parents were to do that they would then change their methods. However, he clearly believes in what he is doing, and he stated he “would rather have a child participate because he or she was going to get a trophy than not participate at all”. He stated, “Healthy kids tend to be healthy adults, and that is what we want”. The parents 2 Tulsa Lawyer
who support this practice said it brought them great joy to see the looks of satisfaction on the faces of their children, something everyone can certainly understand, but not something with which everyone agrees. Some parents have actually returned the trophies they felt were unnecessarily given to their children, and just last month, James Harrison, a famous linebacker for the Pittsburg Steelers of the NFL posted this message on his Instagram Account: “I came home to find out that my boys received two trophies for nothing, participation trophies! While I am very proud of my boys for everything they do and will encourage them till the day I die, these trophies will be given back until they EARN a real trophy. I’m sorry I’m not sorry for believing that everything in life should be earned and I’m not about to raise two boys to be men by making them believe that they are entitled to something just because they tried their best...cause sometimes your best is not enough, and that should drive you to want to do better...not cry and whine until somebody gives you something to shut u up and keep you happy. #harrisonfamilyvalues”. Harrison, like many opponents of the practice, feel that giving all participants a trophy is bad for children in the long run, as he feels it will not give them the motivation and desire necessary to improve. The opponents feel children who are given “something for nothing”, or automatically awarded something they “didn’t earn”, is a practice that sets a bad precedent and creates feelings of entitlement.
As part of its story, HBO had several experts in the field of psychology give their opinions on the long term affects of this practice. One of their experts stated, “These trophies aren’t even for trying or effort, but rather they are for participation, and this sets the bar pretty low. This is an issue of the culture changing”. Another expert stated, “I want kids to improve, and I want them to be engaged in the process of improving”. To this response, the interviewer asked her, “And if they get a trophy, they won’t want to improve?”, to which she replied, “Why would they, why do they need to?”. This practice deviates tremendously from when I was growing up and playing sports, something I did regularly. Before I write more, I think it is fair to point out that I do not have children yet (our first one is on the way, though), so I don’t know how I feel about this practice. I think for very young children, it is probably not a big deal, but as the
kids get older, I can’t help but feel this may create feelings of entitlement. Therefore, I am still trying to understand it and appreciate it before attacking it as an ill-advised practice. However, regardless of what I personally believe, I can’t ignore what has become an obvious benefit to the trophy industry. One of the major highlights of the series included the transformation of Mom and Pop trophy stores on main streets of small towns in America into a full-fledged, multi-million dollar industry. One trophy company, JDS Industries, Inc., was the centerpiece of that portion of the story, and what began as a Mom and Pop operation in the basement of a home in Sioux Falls, South Dakota with sales of approximately $30,000 to $40,000 a year, has turned into one of the largest award manufacturers in the world with sales in excess of $50 million a year. Ironically, when you go to the website of this company, the first
thing you see on their home page is, “Achievement Recognized”, and further down on the page it states, “Achievement Deserves Recognition”. Of course, I guess that depends on an individual’s interpretation of what it means to “achieve”. The Real Sports series stops short of answering the all-encompassing question of whether this practice is harming the youth of America. However, to illustrate its concern, one of the very interesting aspects of the series reveals a study of recent college students whose grades were in question. The vast majority of those college students interviewed felt they deserved at least a letter grade of a “B” just for showing up to class. This thought process is in line with a culture of kids raised in a world where simply participating is recognized. However, the sad reality for most of us is that in the real world this practice doesn’t apply. Or does it? continued om page 4
Tulsa Lawyer 3
You may be reading all of this and wondering what “Trophy Nation” has to do with our beloved profession and why I would bring any of this up in the Tulsa Lawyer. However, if any of you have been practicing law for the past 5-10 years, you may also be aware of the “artificial accomplishments” and “manufactured achievements” industry spawned by the legal profession and propped up by its many competitors. Every person desires mainly the same things, and of course, most everyone wants to be recognized and know their hard work has somehow paid off. I believe most people, at the least, whether or not they seek actual recognition, desire a certain level of respect for what they do for a living. This is of particular importance in any profession as competitive as the legal field. As was pointed out in my letter last month, the number of legal jobs is shrinking while the number of lawyers continues to grow. Due to the ultra-competitive nature of the current legal climate, our profession has become susceptible to attack by an onslaught of these “organizations” looking to line their pockets in a multi-million dollar industry to which the egos of many lawyers are not immune.
“Institute” claiming they have “recognized” me as a top lawyer in my area of practice. All I have to do is pay them a $300 “processing fee”, and they will send me a plaque for my wall to show everyone that I have been “recognized” by them as a “top lawyer” in my industry. The vast majority of my law firm’s legal work involves Personal Injury and Criminal Defense, and currently 99% of what I handle involves DUI or DUI Manslaughter Defense. So, it hasn’t been a surprise that in the last year alone I have received “recognition letters” from the following: “The American Institute of Criminal Law Attorneys”, “The National Academy of Personal Injury Attorneys”, “The American Society of Legal Advocates”, “The National Academy of Criminal Defense Attorneys”, “The National Advocacy for DUI Defense”, “The American Institute of DUI/DWI Attorneys”, “The American Academy of Trial Lawyers”, “The National Trial Lawyers’ Association Top 100 Trial Lawyers”, and finally, “The National Trial Lawyer’s Association Top 40 Under 40”. As you can see, to sound more legitimate, their names include words such as “Institute”, “Academy” and “Association”.
In the past five years, I receive approximately one offer every six to eight weeks from some “Association” or
Like most of you I am sure, I was raised to understand if I was truly awarded something, an honor, if you will, to be bestowed upon me, I wasn’t expected to pay for it. Much like the lottery scams of today, most of these so-called “organizations” want you to pay them a “processing fee” in order for you to be “recognized”. I have honestly never heard of someone being given a valid award or true recognition for which that person had to pay any sum of money. Just imagine how you would feel if the “Professionalism Award” handed out by the TCBA was given to someone who paid for it!! Further, these organizations’ letters often state if you choose to forego accepting their “award”, then your place will go to an “alternate” attorney. I am sure if your mind works the way mine does, at this point you will begin to wonder just how many attorneys are listed in their “Top 40 Under 40”. As much as I would love to think I am such a wonderful lawyer all of these “organizations” are wanting to “recognize” me, I understand all they really want is for me to pay them, specifically, to tell everyone how great they think I am. Talk about playing to one’s ego!! It would be nice to know there is a legitimate reason for these organizations finding me in
4 Tulsa Lawyer
their list of top lawyers other than their desire to get paid, but when my law partner, who doesn’t even handle a certain area of practice gets the exact same letters I do, or when I receive the same letters for areas of practice he normally handles, then it becomes very clear the motive and desire of these “organizations”. Most, if not all of these organizations, don’t really do or stand for anything, and their “recognition” of me is no better than as a “participant” in the legal field in which I have established myself. They don’t really know anything about me or the other lawyers in my field, and they know very little, if anything, about the attorneys to whom they are sending these “recognitions”. They do not care about any accomplishments or valid credentials. All they know is we are all participants in the practice of law in our established areas and our profession’s competitive nature will assure them that some of its “participants” will pay them to call them a “top lawyer”. We may know the “recognition” from these organizations doesn’t mean anything, but the general public do not know that. That is why the use of these organizations is so misleading, just as is there “recognition”. By definition, an award is, “a prize or other mark of recognition given in honor of an achievement”. It is not historically given, in any profession, for “participation”. As I have pointed out, if you have practiced law in the past 10 years or longer, you will also know there are several new organizations that claim to rank lawyers in a fair and impartial manner. Some, such as Avvo.com, go so far as to say that one cannot pay for a better ranking (which illustrates the fact this practice does occur). However, it is always curious to me how an attorney who has been out of law school all of one or two years can receive a “Superb” ranking from Avvo, above other, very well-known attorneys in our community, and coincidentally that young attorney is listed as an “Avvo Pro”, or someone who is paying Avvo money each month. Further, I have found it interesting that some of the other well-known organizations that annually list attorneys who are “Superb” lawyers in the community, claim to do so by investigating the legal community and asking other lawyers for their opinions on the attorneys listed in their rankings. However, and maybe I am the only one, I have never had any of these organizations call and ask my opinion or thoughts on any lawyer, ever. Maybe I am the only one not being called and asked, or maybe the process of ranking attor-
neys isn’t quite what these organizations claim that it is. None of what I have written to this point even addresses the issue of “reviews” written by supposed clients on the websites of these organizations. On many of the websites, such as “Avvo.com”, attorneys have profile pages wherein clients are able to write reviews about the attorney and whether or not he or she was satisfied with the attorney’s work. Further, if an attorney receives a certain number of reviews, then the attorney is “recognized” even further by receiving a “Client’s Choice Award” for them to display on their website. While this may have an air of legitimacy to it, the one major problem with this practice is it also allows for anyone to write an unlimited number of reviews from any IP address at any time. This means friends, colleagues or employees (such as secretaries and paralegals) of an attorney can write reviews for them. Incidentally, it is not uncommon for some attorneys to have several reviews written on the same day or clumped together on consecutive days in the same month. While I cannot point to any specific example, it goes without saying any attorney who is willing to pay one of these “organizations” a sum of money to receive an “award” and be “recognized” is also someone who could very well write, or have written at their direction, as many positive “reviews” about themselves as they choose. What we are left with blurs the line between fact and fiction, and it is misleading the public at best. Whether or not there is a current detriment to the legal profession is up for debate. However, I can’t help but feel this is a formula for disaster. What is absolutely true is the legal profession supports a multi-million dollar industry that ranks its very own, and each year more and more of these organizations pop up, asking each of us to pay them to be “ranked” or “placed” among the other “top lawyers” in our communities, pitting lawyers against each other. Further, more students than ever before are graduating law school and starting their own practices immediately, and with the advent of the internet, they are capable of creating their own websites and putting any information they want on these sites. The sad reality is a growing trend among solo and small firms in America (I assume Tulsa is not the only city where this is a problem) to sign up for so-called “recognition” and these “awards”, and they pay money so they can tell their potential clients and the rest of the continued on page 6 Tulsa Lawyer 5
world on their websites just what they have “achieved”. As deserving as many of the attorneys and participants are, there are also just as many, if not more, who are less qualified than advertised. There are a growing number of attorneys fresh out of law school paying to compete with you now, and if you have been working hard for the past 20-30 years building your name and practice, you may find someone who has been practicing all of two years is ranked higher than you are in an area of law you helped establish in this community. There are attorneys right
6 Tulsa Lawyer
now paying someone to send them a little medal for their website to place for everyone to see, and they hang plaques on their walls in the office, bought and paid for, to let everyone know they are “special”, “deserving”, and have been “recognized” for their “achievements”. How does our profession solve this problem? I don’t have an easy answer, but I have been saying for years, the reason these multi-million dollar third-party support industries exist is because they are doing for the legal profession what the legal profession is not doing for itself. Certainly our profession is
capable of recognizing its own, and it does with awards from the OBA and local bar associations each year. However, that isn’t enough to compete with the likes of Avvo and Findlaw, companies that are growing stronger each year while collecting millions of dollars in advertising revenue. We need to police our own and soon. We need to be ranking our own and recognizing true achievement. This problem is going to become much worse before it improves, and the sooner our profession addresses it, the better. E. Zach Smith TCBA President 2015-2106
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.
Turpen Time A Review By Frederick K. Slicker
Mike Turpen is one of Tulsa’s most colorful attorneys. Mike has recently published Turpen Time, The Wit and Wisdom of Mike Turpen, which is available at www. amazon.com. Turpen Time illustrates how one committed lawyer can make a huge difference in the lives of others, if her or she is willing to be available to the challenges and opportunities presented. Turpen Time is the story of Mike’s birth in Skiatook through graduation from McLain High School, Oklahoma State University and the University of Tulsa School of Law. Mike’s first legal job was as an assistant in and later as Muskogee County District Attorney. Mike prosecuted Charles Troy Coleman for a brutal double murder. Coleman escaped from jail and threatened to kill Mike. Coleman was the first person in Oklahoma executed via lethal injection. Mike saw the criminal justice system as grossly imbalanced in favor of the accused to the detriment of victims. Through Mike’s leadership, a victim’s compensation fund was created, and a victim’s bill of rights became law in many states. Mike was soon elected Attorney General, where he argued a case before the US Supreme Court. Mike ran for Governor, but lost a close Democratic primary. The defeat was devastating, but later Mike concluded that the defeat became an unanswered prayer. As a partner at Riggs Abney, he represented Oklahoma in the historic settlement with the tobacco industry. Mike has for many years co-hosted Flash Point, a weekly award-winning public affairs TV program in Oklahoma City. Mike is a gifted and sought after public speaker. Through Mike’s leadership, the Oklahoma City Lyric Theatre, the Oklahoma City National Memorial and many other charities have received millions. The PriceTurpen Court Room at Tulsa University Law is one of Mike’s proudest achievements. Mike is the recipient of many public service and professional awards. Mike is widely known for his “Turpenisms.” Turpen 8 Tulsa Lawyer
Time presents many of these “Turpen Truths” in the context of Mike’s storied career. Some of these one-liners include: Life involves separating the ever-fleeting from the everlasting. (13) A few mistakes are better than perfect inaction. (15) The lessons of experience are bumps and bruises, and the school colors are black and blue. (17) When facing adversity, the most important thing is: “Life goes on.” (23) If you don’t take it personally, don’t take it at all. (31) You will win more cases in the law library than in the court room. (45) If you ain’t givin,’ you ain’t livin.’ (55) Accomplish enough to be respected, but humble enough to be liked. (75) When you take a fall, take a bow. (79) ES, EM, ED means Every Second, Every Moment, Every Day count. (87) Every person has a chance to add to or subtract from the happiness, peace and joy of others. (104) I believe in a God of second chances. (109)
I am committed to civility, even when we are poles apart politically and philosophically. (117)
You cannot antagonize and persuade at the same time. (255)
We do not have to agree to get along. (119)
Turn setbacks into comebacks. (267)
Good poetry speaks to the soul. It can soothe and excite, enrich and enlighten. (129)
If you believe it, you can achieve it. (280)
I will take what I’ve got, and be thankful that I have it. (131) On marriage success, just say: I love you. You look beautiful. Let’s eat out. Can I help? It’s my fault. Don’t worry about what other people think about you. Truth is, they don’t think much about you at all. (149) Thank God for unanswered prayer. (153) The best thing for women is for men to have daughters. (159)
I exist to assist. (288) Mike loves poetry. He challenged his son to memorize, If by Rudyard Kipling, a portion of which follows: If you can keep your head when all about youAre losing theirs and blaming it on you , . . If you meet with Triumph and DisasterAnd treat those two impostors the same . . . Yours is the Earth and everything that’s in it,And---which is more---you’ll be a Man, my son!
He’s got that quality I like in people: he likes me. (163) Some say forgive and forget. I say forgive but remember. (167) Don’t be interesting; be interested. (191) We must think in terms in right and wrong, not right and left. (197) The style of an orator is less important than his sincerity. (209) You must be laborious before you can be glorious. (209) Choose your battles. Do not dance every dance. (227) Stand up but stand for something. (229) Three things I know: the power of prayer, the power of medicine and the power of positive thinking. (244)
Turpen Time is easy and comfortable to read, often funny, thoroughly entertaining and genuinely enlightening, just like Mike himself. I recommend Turpen Time without reservation. Thanks, Mike, for sharing your thoughts, your wisdom and your life.
Tulsa Lawyer 9
Upcoming OBA Annual Meeting to Focus on Leadership “Leadership U” is the theme for this year’s OBA Annual Meeting, set to take place in Oklahoma City at the Sheraton Hotel Nov. 4 – 6. The conference will focus on the role lawyers play as leaders in society as citizens whose specialized knowledge and training who can make a positive contribution to their communities. Presentations of annual awards and bar business including election of officers will take place during the conference along with several social events. OBA President David Poarch of Norman selected the meeting’s focus, observing that service and leadership are core values of the legal profession. “Many of us can relate to the notion that service beyond self and a willingness to contribute to the greater good in some way pointed us in the direction of law school,” said Mr. Poarch. “In Oklahoma from the beginning lawyers have served as elected officials, judges, prosecutors, general counsel, law firm managing partners, heads of corporations, and government and nonprofit organizations. And we continue to do so. But we must continually challenge and develop the qualities of effective leaders among our members.”
“Mr. Liu brings an interesting perspective that will challenge us all to look at the morality of our individual politics on all sides and examine what it means to be a true American patriot,” Mr. Poarch said. “I’m confident our members will find his message thought provoking and that we will have the opportunity to hear him speak during our Annual Luncheon at noon on Thursday, Nov. 5.”
Don’t miss out on this meeting! Register for all events using the Annual Meeting registration form Serving as keynote speaker for the meeting is Eric Liu, found in the Sept. 12 Oklahoma Bar Journal or ona Harvard-educated lawyer, professor and author, and line at www.amokbar.org. For the best price, register the founder of Citizen University, a nonprofit initiaby Oct. 13. Questions? Contact Mark Schneidewent tive encompassing projects aimed at the work of comat 405-416-7026, 800-522-8065 or marks@okbar.org. munity-building and teaching leadership in civic life.
10 Tulsa Lawyer
L AW
BOARDROOM
AT TORNEY
CLE
TCBA
OKL AHOMA
TULSA
MEMBERSHIP
PROBATE
LITIGATION
IMMIGR ATION
BANKRUPTCY
SECTION
CRIMINAL
COMMIT TEE TCBF
D is tr ac tion
FELLOWS
Le gal
L AW YER
Tulsa Lawyer 11
OCTOBER THINGS TO DO Tulsa Farmers’ Market Oct. 3, 10, 17, 24 / 7 to 11 a.m. Cherry Street - 1500 S. Quaker Ave. www.tulsafarmersmarket.org Tulsa State Fair Oct 1, 2015 - Oct 11, 2015 $6-$10 Kids 5 and under get in free. Mega Ride Passes cost $70-$75. Linde Oktoberfest Tulsa Oct 23, 2015 to Oct 25, 2015 11:00 am until 1:00 am daily, every weekday. www.tulsaoktoberfest.org ShalomFest Oct 11, 2015 -Celebrate Jewish life an culture at the 22nd annual ShalomFest , 2004 E 22nd Pl Wizard World Comic Con Oct 23, 2015 to Oct 25, 2015 Cox Business Center - 100 Civic Center - Tulsa 18th & Boston Block Party Oct 24, 2015
American B ar Ass o c i at ion
ANNUAL MEETING Update by Molly Aspan, TCBA ABA Delegate I was honored to serve as the Tulsa County Bar Association Delegate at the 2015 ABA Annual Meeting held in Chicago last month. The ABA House of Delegates is made up of 559 members representing state and local bar associations, ABA entities, and ABA-affiliated organizations. Renee DeMoss, Past President of the Oklahoma Bar Association, and Dwight Smith, Delegate for the ABA Solo, Small Firm and General Practice Division, were other Tulsa attorneys serving as Delegates. Additionally, Leonard Pataki participated at the Annual Meeting as he was sworn in as the President of the National Conference of Bar Foundations. Highlights of the meeting included a welcome by the Rahm Emanuel, Mayor of Chicago, a keynote address by U.S. Attorney General Loretta E. Lynch, and the passing of the presidential gavel from William C. Hubbard to New Jersey lawyer Paulette Brown, the first African-American woman to serve as the association’s president. The Commission on the Future of Legal Services (which includes Dwight Smith) also presented TED-style talks from Avvo founder
14 Tulsa Lawyer
Rahm Emanuel Mayor of Chicago
and CEO Mark Britton, Los Angeles County Superior Court Judge Carolyn Kuhl, Executive Director of the Bay Area Legal Aid Alex Gulotta, and Director of the Office for Access to Justice for the U.S. Department of Justice Lisa Foster, as well as Washington Supreme Court Chief Justice Barbara A. Madsen who spoke at the TCBA Annual Meeting about Washington’s Limited Legal License Technician (LLLT) program. The ABA House of Delegates approved new policies related to the mental health inquiries for bar admissions. Specifically, the Delegates voted to replace a 1994
policy and urge state and territorial bar licensing entities to eliminate from applications required for admission to the bar any questions that ask about mental health history, diagnoses, or treatment, and instead to use questions that focus on conduct or behavior that impairs an applicants’ ability to practice law in a competent, ethical, and professional manner. Advocates argued that many states in their admissions to the bar process use a form similar to one provided by the National Conference of Bar Examiners which asks for mental health information related to a diagnosis rather than conduct of an applicant. This presents a dilemma for law students who might want to seek professional treatment for a mental health issue but are afraid that they would need to self-report that detail to the licensing agency during the admissions process or risk being accused later of lying to the licensing body. The resolution does recognize, however, that bar licensing entities are not precluded from making reasonable and narrowly tailored follow-up inquiries concerning an applicant’s mental health history under certain circumstances. The Delegates also approved action by the Council of the Section of Legal Education and Admissions
2015 to the Bar in making several technical amendments to the ABA Standards and Rules of Procedure for Approval of Law Schools. The House also adopted the recommendations of the ABA Task Force on the Financial of Legal Education, which include: mandating enhanced financial counseling for prospective and current students on student loans and repayment programs; urging all participants in the student loan business and process, including law schools, to develop and publish easily understood versions of the terms of various loan and
repayment programs; encouraging the Council of the Section of Legal Education and Admissions to the Bar to return to collecting expenditure, revenue, and financial aid data annually for each law school and to make public the information on legal education that it maintains; and encouraging law schools to be innovating in developing ways to lower costs for law students. Additionally, the House approved changes to the ABA Constitution and Bylaws as part of a decennial review. The changes add 41 additional members to the House to bring membership up to 600 Paulette Brown was sworn in as the first female African American ABA President.
The ABA Annual Meeting was held in Chicago, July 30th August 4th, 2015.
and added other governance positions. The governance resolutions are aimed, in part, at emphasizing the ABA’s continuing focus on more diversity in the legal profession and in its internal matters. The following is a summary of legislative resolutions approved by the Delegates: Sexual Orientation and Gender Identity. Voted to enact a policy that recognizes that lesbian, gay, bisexual, transgender, and queer people have the right to be free from attempts to change their sexual orientation and gender identity and urges governments to enact laws that prohibit state-licensed professionals from using conversion therapy on minors. Domestic and Sexual Violence at Colleges and Universities. Voted to urge Congress to increase funding for the Office of Civil Rights in the Department of Education and the Office on Violence Against Women in the Department of Justice to support efforts to enforce Title IX of the Education Amendments of 1972 and other relevant laws to assure that fair procedures are utilized in the hearing and disposition of complaints of sexual harassment, sexual assault, stalking, gender-based violence, and intimate partner violence at colleges and universities. Voted to urge governments to adopt meaningful remedies and vigorous enforcement mechanisms, including civil continued on page 17 Tulsa Lawyer 15
2014 ABA President, William Hubbard disucssed his year as President and presented the gavel to Paulette Brown.
16 Tulsa Lawyer
remedies, while assuring that the rights of the accused agencies to provide the funding necessary to develop, are recognized,respected, and protected, and to fully implement, and maintain appropriate cybersecurity fund implementation of such remedies and enforcement. programs for the courts and to train court personnel on methods to counter threats and protect judicial inforCivil Protection Orders. Voted to urge govern- mation systems from cyber intrusions or date breaches. ments to enact civil protection order statutes regarding domestic, intimate partner, sexual, dat- Wait Time at Polls. Voted to urge election adminising, and stalking violence that extend protection to trators, officials, and legislators at the federal, state. lesbian, gay, bisexual, and transgender individuals. Local, territorial, and tribal levels to adopt and implement policies designed to achieve a 30-minGender-based Violence. Voted to urge govern- ute maximum per-voter wait time at the polls. ments to recognize freedom from domestic, dating, and sexual violence and stalking and all other forms Election Observers. Voted to support observaof gender-based violence as fundamental human tion of elections in the United States by observers rights and adopt resolutions affirming the right duly selected by the Organization for Security and of women, men, and children to live free from Cooperation in Europe and other international orgadomestic, dating, and sexual violence and stalking. nization of which the United State is a member. Juvenile Delinquency Records. Voted to adopt the Model Act Governing the Confidentiality and Expungement of Juvenile Delinquency Records, which mandates that courts, probation officers, and law enforcement agencies keep juvenile court and law enforcement records confidential.
Diversity Jurisdiction. Voted to urge Congress to amend 28 U.S.C. § 1332 to change the definition of “citizenship� to provide that any unincorporated association shall, for diversity jurisdiction purposes, be deemed a citizen of its state of organization and the state where the entity maintains its principal place of business.
Monitors. Adopts standards for monitors - individuals who serve as external compliance officers or inspector generals who have become popular judicial, regulatory, and conflict resolution tools - which include guidelines that cover a range of areas from the selection process of monitors to their filing reports.
Detailed information is available for each of these resolutions adopted by the House of Delegates. Please do not hesitate to contact me if you would like to discuss or want additional information on any of the resolutions. Again, thank you for allowing me to represent the Tulsa County Bar Association at the ABA House of Delegates.
Pell Grant Eligibility. Voted to urge Congress to restore Pell Grant eligibility for prisoners who qualify under existing need-based criteria in order to facilitate reentry and reduce recidivism. Legal Education on Forensic Science. Voted to urge the National Commission on Forensic Science, established by the Department of Justice in 2013, to develop a model curriculum in law and forensic science and to provide training in that curriculum for federal, state, local, territorial, and tribal judges.
The Bar Center will be CLOSED Monday, Oct. 12th Columbus Day.
Cybersecurity. Voted to urge legislatures and government Tulsa Lawyer 17
Shopping in Chinatown Kalan Chapman Lloyd
But what if the joke was on the law yers, and if instead of just “ thin king” about law school, those par t y-goers got an associate’s deg ree, spent some time in “legal prep” classes, had some monitored super vision and voila, were allowed to practice law? Craz y talk? Perhaps, unless you’re in the State of Washing ton, where this is the latest integ rated and w r itten-into-reg ulations practice in an effor t to reach out to g roups of people who, allegedly, other wise would n’t seek or could n’t afford legal care.
“I thought about going to law school.” “Me too. And then I did.” The old saying goes, that, at par ties, when a law yer tells a new acquaintance their profession, the somewhat likely response is, “I thought about going to law school.” Law yers of ten joke that if they had a dollar for each time a person said that, they could use it to pay for malpractice insu rance.
I’m a non-practicing at tor ney. I was a consultant for accounting f ir ms th roughout my career and recently went in-house for one of my for mer clients. I’m asked to speak of ten on the subject of “alter native legal careers.” Generally, the audience is young law st udents, eager, but wor r ied about life af ter g raduation. I offer them my stor y, my career t rajector y, and tell them that the most impor tant thing they will lear n in law school is how to thin k. Law school doesn’t teach you the law. Law
18 Tulsa Lawyer
school doesn’t teach you just the r ight thing to say to clients. Law school doesn’t teach you how to best utilize for ms. Law school doesn’t teach you how to wear appropr iate cou r t at tire. Law school teaches you to thin k differently f rom the rest of the world. You are different when you come out of law school. You r brain is different, which is why people at par ties, generally, an noy you. Because they can’t see the clear issues, list of solutions, and number of outcomes to those solutions. Quickly and decisively.
impression I was get ting any thing more than a poor man’s Prado. In Spain, they come out af ter dark, their goods at tached to sheets, at tached to cables that they quickly pull up and take off with if the police star t to wander dow n the st reet. Here, I k new my Ray Ban z were nothing but fake, but still… W hen you (highly illegally) shop k nock-off, you k now you’re get ting fake. It’s still a pu rse. Still sunglasses. With the essence of desig ner, inspired by desig ner, and with a nod to expensive. But not desig ner. Not expensive. You’re still get ting something, and it might look good, and you r less-t rained f r iends can’t tell the difference, but it is not the same as what you can legally buy. The labor, love, at tention to detail, and depth of k nowledge are lacking. As my Papa used to say, “it’s like taking a k nife to a g unf ight.”
There is a method to the mad ness of the Socratic Method. There is reasoning and pu rpose to what feels like apparent pandemonium that accompanies the different st yles of teaching in the f irst, second and third year of law school. It changes, molds, and creates legal analyzers out of mere mor tals. The best law st udents are not the ones who come into law school with an supposed k nowledge of the law. The best law st udents are the ones eager to be Hence why, in a mat ter of six months, both pieces of illegally pu rchased crap fell apar t taught how to thin k like a law yer. and went into the t rash can. “Legal advisors” without this essential t raining beg the question: A re you really offer ing Most law yers k now that the stor y you hear on “legal care” if these u nderser ved people aren’t a phone intake vastly differs f rom the stor y you get af ter an initial meeting with a potenget ting legal care? tial client. Not because a client is necessar ily I am going to confess here, I have com mit- misleading, but because as at tor neys, we are ted t wo cr imes in my life. Both in the name t rained to f lesh out the nuances of the issues. of fashion. Since the stat ute of limitations Find the possibilities, the facts, and lay out has r u n on one and there is no ju r isdictional the likely scenar ios. Give a client options and author it y regarding the other, I’ll pony up to choices, based on an analysis of the law. One option may be for m-d r iven, but it is my opinmy cr imes. ion, only a t rained thin ker can legitimately In New York Cit y, in a lit tle chu n k of the cit y offer proper legal counsel. Proper legal care. called Chinatow n, vendors hawk their k nockoff wares out of store f ronts that can quickly be rolled dow n and sealed off when reg ular raids continued on page 20 occu r. I bar tered hear tily for a Prada handbag, and came away t r iumphant one Tuesday af ter noon. At no point in time was I u nder the Tulsa Lawyer 19
In suppor t of the prog rams there are practical A nd it’s a rare instance when someone who needs to go to the cou r thouse for something applications offered: other than a mar r iage license doesn’t deser ve good and zealous counsel. It is cheaper. Ever y legal problem doesn’t need a law yer.
It makes the marginalized populations more comfor table. Then that’s ou r fault as law yers. It makes the named populations more We should hire bet ter inter preters. We should comfor table. take care in the way we speak to ever yone. We should respect people where they are. Most It reg ulates an activit y already happening. good law yers do this and I thin k it’s a skewed and outdated view that people are intimidated My response? So what. by law yers. It’s cheaper. You usually get what you pay for. A nd why would n’t it be cheaper? You’re not paying for the ser vices of someone heavily invested and vested in the practice of law. If they were, they’d have gone to law school. Ever y legal problem doesn’t need a law yer. I beg to differ. That’s why they’re legal problems.
20 Tulsa Lawyer
It reg ulates an activit y already occu r r ing. Much like mar ijuana, I suppose. Just because people are doing it, doesn’t mean it’s for the g reater good. Yes, the unauthor ized practice of law occu rs. But author izing it doesn’t make it r ight.
Justice Owens, in his dissent f rom the adoption of the r ule implementing “Limited Practice for Legal Tech nicians” by the Washington Supreme Cou r t, ack nowledges “ that there is a g reat u n met need for legal ser vices and… the legal profession [has] an obligation to look for appropr iate ways to expand the availabilit y of legal assistance to the public.”1
Universit y and the Universit y of Tulsa College of Law and has been a member of the Oklahoma Bar since 2008. She and her husband, Grant, enjoy parenting their st rong-willed, left-handed children. Kalan is the author of the acclaimed series, The MisAdventures of Miss Lilly, starring f ictional small -town Oklahoma law yer, Lilly Atkins. Critics
I ag ree. But handing someone a f ree Guccee when they thin k they’re being delivered a Gucci is something so in herently u nethical it makes me blanch. A nd I went to law school.
call the series “hilarious” and “delight fully refresh ing.” Find Kalan at w w w.kalanchapmanlloyd.com. 1
In the Mat ter of the Adoption of New APR 28, Washington
Supreme Cour t, Order No. 2570 0 - A -10 05, June 15, 2012.
Kalan Chapman Lloyd is an attorne y and author in Tulsa, Oklahoma. She enjoys big hair, Supreme Court Decisions on Intellectual Propert y, hats, the sound of const r uction and the feel of brand ne w sweatshirts. She attended Oklahoma State
The Sounding Board -To contribute to The Sounding Board, send your idea or article to tulsabarnews@yahoo.com. Tulsa Lawyer does not endorse the views expressed in The Sounding Board and reserves the right to withhold submissions from publication.
Tulsa Lawyer 21
Join or renew your TCBA membership... www.tulsabar.com 22 Tulsa Lawyer
Tulsa Lawyer Submissions
Tulsa Lawyer depends on submissions by members and those in our community. Please consider sharing your talents, ideas and stories. Questions and ideas can be submitted to tulsabarnews@yahoo.com. Tulsa Lawyer 23
TCBA DIVERSITY COMMITTEE As the incoming chair of the TCBA Diversit y Com mit tee, I am excited for the 2015-2016 year. We had some g reat events last year and I would like to than k Lorena R ivas for her leadership. We already have some exciting things for the upcoming year in the mix: possible speaking engagements at local high schools, ou r f irst time sponsorship of a high school Mock Tr ial team, Minor it y Law Awareness Day at TU, College of Law, and ou r Second A n nual Minor it y Net working Event at TU, College of Law. The Minor it y Net working Event had a wonderf ul t u r n out last year and the feedback f rom the st udents was ext remely positive. We have already set the date for
this year, Monday, November 16, 2015, TU, College of Law. If you are interested in promoting diversit y and equalit y in the law then please join the TCBA Diversit y Com mit tee!! Or if you interested in lear ning more d rop by, we meet ever y month on the second Thu rsday over the lu nch hou r. Committee Chair – Valer y Giebel , vgiebel @ praywalker.com
TCBA SECTIONS Please share your activities and updates with members. Email your news to tulsabarnews@yahoo.com. Pictures are welcome!
24 Tulsa Lawyer
Tulsa Lawyer 25
26 Tulsa Lawyer
Tulsa Lawyer 27
Grapevine News
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, recently named 19 Crowe & Dunlevy attorneys to the annual 2016 Lawyers of the Year list. Lawyer of the Year is awarded to one lawyer in each practice area and designated metropolitan area, making this recognition particularly significant. The recipients are selected based on especially impressive voting averages received during the peer-review assessments. “Our firm and our attorneys continue to be recognized on a national level for our expertise and client service,” said Crowe & Dunlevy president and CEO Kevin D. Gordon. “We are proud to be selected by Best Lawyers for inclusion yet again on this prestigious list.” Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast almost 5 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or
allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers the most respected referral list of attorneys in practice. The following Crowe & Dunlevy attorneys were selected as Lawyers of the Year in the Tulsa area: D. Michael McBride III – Gaming Law, Native American Law Malcolm E. Rosser IV – Real Estate Law Michael J. Gibbens – Litigation – Securities Randall J. Snapp – Litigation – Labor and Employment Terry M. Thomas – Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law The law firm of Norman Wohlgemuth Chandler Jeter Barnett & Ray is pleased to announce that Barrett Powers has joined the firm as an associate. Mr. Powers earned his J.D., with honors from the University of Tulsa, College of Law in 2015. During law school, Mr. Powers served as articles and research editor on the Tulsa Law Review. He is a member of the Oklahoma Bar Association. Mr. Powers’ practice will focus on complex civil litigation. The law firm of Norman Wohlgemuth Chandler Jeter Barnett & Ray is pleased to announce that Alex Telarik has joined the firm as an associate. Mr. Telarik earned his J.D. from Wake Forest University, School of Law in 2015. During law school, Mr. Telarik served as Articles Editor for the Wake Forest Journal of Business and Intellectual Property Law. He is a member of the Oklahoma Bar Association. Mr. Telarik’s practice will focus on complex civil litigation.
28 Tulsa Lawyer
McAfee & Taft, the state’s largest law firm, has announced that trial lawyer Julia A. Palmer has joined its Litigation Group. Her state and federal practice is focused on the resolution of complex business disputes in state and federal courts as well as through commercial arbitration and mediation. Throughout the course of her career, Palmer has represented clients in cases encompassing the areas of commercial litigation, shareholder disputes, breach of fiduciary duty disputes, corporate governance, insurance coverage, bankruptcy, franchise disputes, intellectual property, antitrust, and fraud and RICO actions. As part of her practice, she has also participated in large internal corporate investigations, prepared comprehensive audit reports, and presented those findings to corporate boards of directors. Prior to joining McAfee & Taft, the Tulsa native worked as an associate with a boutique litigation firm in Atlanta, GA, and served on the faculty of the Kessler-Eidson Program for Trial Techniques at her alma mater, Emory University School of Law. Her career experience also includes serving as a law clerk for the Honorable John Preston Bailey, Chief Judge of the U.S. District Court for the Northern District of West Virginia, for three years. The firm employs nearly 350 Oklahomans, more than 175 attorneys, and has offices in both Tulsa and Oklahoma City.
Tulsa Lawyer 29
Classified Ads CLUGSTON POLYGRAPH & INVESTIGATING SERVICES FBI National Academy graduate, 25 years law enforcement experience. See our Website at www. clugston-polygraph.com or call (918) 622-7008 for information about our services. Corporate internal investigations, criminal defense, divorce, child custody, loss prevention….We can help answer your questions.
The City of Tulsa is seeking qualified applicants for a Municipal Court Reporter. Responsibilities include taking and transcribing verbatim the proceedings of court. Two years training in court reporting required along with two years’ experience. Apply on-line: www.cityoftulsa.org/ jobs or contact K. Van Arsdale – 918 596 7382. EOE
Mediators & Arbitrators of Oklahoma, LLC Jon Starr * Michael Gassett Scott McDaniel * Jack Crews Mark Smiling * David Wilson Scott Ryan * Robert Coffey, Jr. Mark A. Warman * Truman Rucker Peter Erdoes * Jeff Curran Call (918) 693-7850 to schedule you next mediation
Need to place a Classified Ad? Email accounting@tulsabar.com 30 Tulsa Lawyer
MoreLaw Suites Legal Suites and Virtual Office 406 South Boulder & 624 South Denver Starting at $165 www.morelawsuites.com 918-582-3993 Info@MoreLaw.com Receptionist 4 You Legal Professional Answering Service Starting at $100 Per Month 918-582-3993 Would you like to be part of a fast-paced, highly collaborative litigation team? If you’re a litigation paralegal with at least 5 years’ experience and you love working on a team where initiative and proactive think-ing are highly valued, please contact us now. This position requires Microsoft Suite, litiga-tion software, document production planning and analysis, and heavy document manage-ment, including e-discovery and trial prep. Our team-based client focus makes this a special place to work. If you have the required experience, and like working pro-actively on teams and dealing directly with clients or vendors, submit your resume to TulsaLawFirmContact@gmail.com The National Christian Foundation Heartland is seeking an attorney to fill the role of Vice President of Outreach This role will be based in Tulsa, OK. This personal will have strong relational skills, public speaking and writing skills. A strong component of this role will be to build relationships in the local community to grow donor advised funds and non liquid gifting in the community. The National Christian Foundation Heartland is an affiliate of NCF, the 12th largest charity in the country and the largest Christian grant making organization in the country. Please email an initial inquiry with resume and 3 references to Rick McGlocklin at rmcglocklin@nationalchristian.com
_ /\. . lr
Current and new advertisers: Please review the new submission requirements for our full color magazine.
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 918.857.2124 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
2395_HolemanMediation_Tulsa Lawyer Magazine M.indd 1
7/31/15 11:53 AM
Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
Thinking about your end of the year tax deductible donations? Make a memorial donation or become a Fellow. Its a great way to support your Foundation! PRSRTD STD US POSTAGE PAID Pontiac, Illinois PERMIT# 592
Contact the Bar Center at 918.584.5243 ext. 240 accounting@tulsabar.com