The Oklahoma bar journal

              Volume 83 u No. 2 u January 14, 2012
• Oklahoma Bar Center
Remodeling
• Transfer-on-Death Deeds
• Oklahoma’s Revised
Arbitration Act
• The iPad: How David
Bests Goliath
• Lawyers Helping Lawyers
Foundation
ALSO INSIDE
OBA President
Cathy Christensen
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 89
90 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
LAWYERS HELPING LAWYERS
ASSISTANCE PROGRAM
You are not alone.
Men Helping Men
Oklahoma City • Feb. 2, 2012
Time - 5:30-7 p.m.
Location
The Oil Center – West Building
2601 NW Expressway, Suite 108W
Oklahoma City, OK 73112
Tulsa • Jan. 26, 2011
Time - 5:30-7 p.m.
Location
The University of Tulsa College of Law
3120 East 4th Place, JRH 205
Tulsa, OK 74104
Women Helping Women
Oklahoma City • Feb. 9, 2012
Time - 5:30-7 p.m.
Location
The Oil Center – West Building
2601 NW Expressway, Suite 108W
Oklahoma City, OK 73112
Tulsa • Feb. 2, 2012
Time - 5:30-7 p.m.
Location
The University of Tulsa College of Law
3120 East 4th Place, JRH 205
Tulsa, OK 74104
Food and drink will be provided! Meetings are free and open to OBA members. Reservations are preferred (we want to have
enough space and food for all.) For further information and to reserve your spot, please e-mail kimreber@cabainc.com.
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 91
Plus
133 Transfer-on-Death Deeds 2.0
By Catheryn Koss
138 Oklahoma’s Revised Arbitration Act
By Ronald Ricketts
148 The iPad: How David Bests Goliath
By Janet Kyle Altman
150 Committee Revitalizes Lawyers
Helping Lawyers Foundation
By Travis Pickens
Departments
92 From the President
145 Editorial Calendar
151 From the Executive Director
156 Law Practice Tips
158 OBA Board of Governors Actions
160 Oklahoma Bar Foundation News
163 Young Lawyers Division
164 Calendar
166 For Your Information
168 Bench and Bar Briefs
170 In Memoriam
176 The Back Page
Features
95 Cathy Christensen to Lead OBA
in 2012
By Lori Rasmussen
99 OBA Officers and Board of
Governors: Volunteers Who Guide
Your Association
106 OBA Departments and the Member
Services They Provide
116 Member Perks: Benefits Your
Association Provides
122 A Few Things You Can Do at
www.okbar.org
123 Connect with the OBA through
Social Media
124 OBA Sections
Theme:
Meet Your Bar Association
contents January 14, 2012 • Vol. 83 • No. 2
pg. 151
Oklahoma Bar Center
Remodeling
pg. 150
Lawyers
Helping
Lawyers
Foundation
92 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
An individual’s year as president of the Okla-homa
Bar Association begins on Jan. 1, New Year’s Day. Each
incoming president enjoys a ceremonial swearing in before the
Oklahoma Supreme Court in early January. However, on the
morning of Jan. 1, the incoming president awakens to ponder
the honor and responsibility bestowed upon him or her. And so,
during the early morning of the first day
of 2012, I write my first letter as your
president. I extend to you my deepest and
heartfelt thanks for this honor. I am proud
to serve you. My focus this year will be
on, among other things, the Oklahoma
Lawyers for America’s Heroes program
and law-related education.
I express my gratitude to President
Reheard. Under her leadership, the OBA
has thrived. In 2011, the OBA traveled
new distances and reached greater
heights. The formation of the Oklahoma
Lawyers for America’s Heroes program
coincided with the largest deployment of
Oklahoman National Guard troops since
World War II. The volunteer attorneys
generously provided thousands of hours of free legal service to
our home state heroes — servicemen, women and veterans.
Many attorneys acknowledge that the reward for their legal
service is a renewed pride in the legal profession and the free-doms
we enjoy as Americans. The heroes pro-gram
will serve as a model for similar pro-grams
around the country.
The 2011 Annual Meeting was an unparal-leled
success! In the weeks following the Annu-al
Meeting, attorneys volunteered in record
number to join OBA committees and sections.
Many new attorneys “enlisted” to serve as
Oklahoma Lawyers for America’s Heroes. The
pride in our profession, our bar association and
our country is evident and strong.
I have made a commitment to continue
building the OBA heroes program. A free CLE
will be offered Feb. 22, 2012, in Tulsa. Attorneys
will receive 12 hours of free CLE in exchange
for a promise to volunteer at least 20 hours of
legal services in 2012. Service hours may be
satisfied by representing a hero or working at a
Yellow Ribbon post-deployment event answer-ing
legal questions posed by troops returning
home from service. Questions that require
more time and legal attention will be referred
to OBA Heroes Coordinator Susan Carey for
assignment to a hero attorney.
My initiative this year is to increase
opportunities for civic education
through the OBA Law-Related Educa-tion
Department. I am alarmed at
people’s lack of knowledge about the
American justice system, and I know
many OBA members
share this concern. We
owe Oklahoma stu-dents
the opportunity
to understand their
rights and responsibili-ties
in a nation gov-erned
by the rule of
law. Unfortunately, in
the quest to leave no
child behind, civic
education may have
been left at the bus
stop. Students do not
understand civics, the
three branches of gov-ernment
and the rule
of law in a civilized society. Students
must be taught how to become active
and engaged citizens.
Thankfully, Oklahoma has leaders
in law, education and government
who recognize the problem and are
committed to providing a solution. As
attorneys, we have a fundamental
responsibility to improve civic educa-tion
and awareness. There will be
several opportunities in 2012 for OBA
members to satisfy this responsibility.
On April 24, 2012, the OBA, in part-nership
with Oklahoma City Univer-sity,
will host retired Supreme Court
Justice Sandra Day O’Connor for a
day of events designed to enhance
civic education and increase apprecia-tion
of the justice system in Oklahoma.
Details will be provided in upcoming
bar journals, but to give you a hint, the
events will include “A Conversation
with Justice O’Connor and Chief Jus-tice
Steven Taylor” presented to a high
school and middle school audience,
which will be available for webcast to
every school in Oklahoma; an after-
FROM THE PRESIDENT
New Year — New OBA Initiatives
President Christensen
practices in Oklahoma City.
Cathy@
CathyChristensenLaw.com
405-752-5565
By Cathy Christensen
My initiative this
year is to increase
opportunities for
civic education
through the OBA
Law-Related
Education
Department.
cont’d on page 154
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 93
THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar
Association. All rights reserved. Copyright© 20 Oklahoma Bar Association.
The design of the scales and the “Oklahoma Bar Association” encircling the
scales are trademarks of the Oklahoma Bar Association. Legal articles carried
in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors.
The Oklahoma Bar Journal (ISSN 0030-1655) is published thre times
a month in january , February , March, April, May , August, Septem-ber,
October , November and December and bimonthly in June and
July . by the Oklahoma Bar Association , 1901 N. Lincoln Boulevard ,
Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla-homa
City, OK. POSTMASTER: Send adres changes to THE OKLAHOMA
BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip-tions
are $55 per year except for law students registered with the
Oklahoma Bar Association , who may subscribe for $25. Active mem-ber
are included as a portion of anual dues. Any
opinion expresed herein is that of the author and not necesar-ily
that of the Oklahoma Bar Association , or the Oklahoma Bar
Journal Board of Editors .
OF FICERS & BOARD OF GOVERNORS
Cathy M. Christensen, President, Oklahoma City
James T. Stuart, President-Elect, Shawnee
Peggy Stockwell, Vice President, Norman
Deborah A. Reheard, Immediate Past President,
Eufaula
Renée DeMoss, Tulsa
Gerald C. Dennis, Antlers
Glenn A. Devoll, Enid
Kimberly Hays, Tulsa
O. Chris Meyers II, Lawton
D. Scott Pappas, Stillwater
Nancy S. Parrott, Oklahoma City
David A. Poarch Jr., Norman
Ryland L. Rivas, Chickasha
Susan S. Shields, Oklahoma City
Bret A. Smith, Muskogee
Linda S. Thomas, Bartlesville
Jennifer Kirkpatrick, Oklahoma City,
Chairperson, OBA/Young Lawyers Division
BAR Center Staff
John Morris Williams, Executive Director;
Gina L. Hendryx, General Counsel;
Donita Bourns Douglas, Director of Educational
Programs; Carol A. Manning, Director of
Communications; Craig D. Combs, Director of
Administration; Travis Pickens, Ethics Counsel;
Jim Calloway, Director of Management Assistance
Program; Beverly Petry Lewis, Administrator
MCLE Commission; Jane McConnell, Coordinator
Law-related Education; Loraine Dillinder Farabow,
Debbie Maddox, Ted Rossier, Assistant General
Counsels; Katherine Ogden, Staff Attorney,
Tommy Butler, Sharon Orth, Dorothy Walos
and Krystal Willis, Investigators
Manni Arzola, Debbie Brink, Stephanie Burke,
Brenda Card, Morgan Estes, Johnny Marie
Floyd, Matt Gayle, Diedra Goss, Brandon
Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins,
Amy Kelly, Jeff Kelton, Durrel Lattimore,
Heidi McComb, Renee Montgomery, Wanda
Reece-Murray, Lori Rasmussen, Tracy Sanders,
Mark Schneidewent, Robbin Watson, Laura Willis
& Roberta Yarbrough
EDITORIAL BOARD
Editor in Chief, John Morris Williams, News
& Layout Editor, Carol A. Manning, Editor,
Melissa DeLacerda, Stillwater, Associate Editors:
Dietmar K. Caudle, Lawton; Sandee Coogan,
Norman; Emily Duensing, Tulsa; Erin L. Means,
Enid; Pandee Ramirez, Okmulgee; Mark Ramsey,
Claremore; Joseph M. Vorndran, Shawnee;
January Windrix, Poteau
NOTICE of change of address (which must be
in writing and signed by the OBA member),
undeliverable copies, orders for subscriptions
or ads, news stories, articles and all mail items
should be sent to the Oklahoma Bar Association,
P.O. Box 53036, Oklahoma City, OK 73152-3036.
Oklahoma Bar Association 405-416-7000
Toll Free (800) 522-8065 FAX 405-416-7001
Continuing Legal Education 405-416-7006
Ethics Counsel 405-416-7055
General Counsel 405-416-7007
Law-related Education 405-416-7005
Lawyers Helping Lawyers 800-364-7886
Mgmt. Assistance Program 405-416-7008
Mandatory CLE 405-416-7009
OBJ & Communications 405-416-7004
Board of Bar Examiners 405-416-7075
Oklahoma Bar Foundation 405-416-7070
events Calendar
For more events go to www.okbar.org/calendar
2012 subscriptions The Oklahoma Bar Association’s official website: www.okbar.org
JANUARY 2012
16 OBA Closed – Martin Luther King Jr. Day
17 OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar
Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact:
Barbara Swinton 405-713-7109
OBA Bar Center Facilities Committee Meeting; 3:30 p.m.;
Oklahoma Bar Center, Oklahoma City; Contact: Judy Hamilton Morse
405-235-7759
OBA Work/Life Balance Committee Meeting; 4 p.m.; Oklahoma Bar
Center, Oklahoma City; Contact: Sarah Schumacher 405-752-5565
18 OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar
Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact:
Deirdre Dexter 918-584-1600
Luther Bohanon American Inn of Court Meeting; 5 p.m.; Oklahoma
Bar Center, Oklahoma City; Contact: Maryann Roberts 405-740-3124
19 OBA Board of Governors Swearing-In Ceremony; 10:30 a.m.;
Ceremonial Supreme Court Courtroom, State Capitol; Contact:
John Morris Williams 405-416-7000
OBA Leadership Academy; 10:30 a.m.; Oklahoma Bar Center,
Oklahoma City; Contact: Heidi McComb 405-416-7027
OBA Board of Governors Meeting; 1:30 p.m.; Oklahoma Bar Center,
Oklahoma City; Contact: John Morris Williams 405-416-7000
OBA Justice Commission Meeting; 2 p.m.; Oklahoma Bar Center,
Oklahoma City; Contact: Drew Edmondson 405-235-5563
20 Oklahoma Bar Foundation New Trustee Orientation; 10:30 a.m.;
Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy
405-416-7070
OBA Lawyers Helping Lawyers Assistance Program Training;
12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Donita Douglas
405-416-7028
Oklahoma Bar Foundation Meeting; 1 p.m.; Oklahoma Bar Center,
Oklahoma City; Contact: Nancy Norsworthy 405-416-7070
23 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.;
Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa;
Contact: D. Michael O’Neil Jr. 405-239-2121
94 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
Young mom Cathy Christensen poses with her boys Blake and
Adam in 1986. Young athlete Cathy Gagliano prepares
for a middle school basketball game.
OBA President Cathy M. Christensen with her family (from left)
son John Ditmars, husband Jim Ditmars Jr., Blake Christensen and
Adam Christensen.
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 95
“These families appreciated America and
what it had to offer in terms of rights, liberties
and public education,” President Christensen
said. “These are people who appreciate every-thing
they have and take care of their town
and community. Growing up there gave me a
strong sense of frugality and appreciation of
fine arts, diversity and service to others.”
Her father was offered a job in Tulsa in 1973,
and the family relocated for her last two years
of high school. The family had been in their
new house just four days when a tornado
ripped through the area, touching down not
far from their home.
“Welcome to Oklahoma!” President Chris-tensen
laughs.
Her last two years of high school were spent at
Tulsa Memorial, and she even managed a Pizza
Hut before she graduated. When it came time for
college, she headed to OSU after falling in love
with Stillwater during a campus visit.
“My mother had been one of the first Navy
Waves, and she spent time in Stillwater during
her World War II military training. To us, the
campus just felt like home,” she said.
President Christensen said she knew by the
time she was a high school sophomore that her
goal was to be a lawyer. But family came first,
and she took some time off after her third year
of college to get married and have her first son,
Blake. When she returned to school, Baby Blake
attended classes with his mother back at OSU.
Christensen says she thoroughly enjoyed the
life of a non-traditional student, commuting to
Stillwater from Tulsa and staying at the Student
Union Hotel with Blake in a hotel crib.
“It was actually pretty special,” she said. “I
didn’t feel old, I just felt different. Sometimes I
Cathy Christensen
to lead OBA in 2012
By Lori Rasmussen
Meet Your
Bar Association
The importance of home and family has been a decisive
theme throughout OBA President Cathy Christensen’s life
and professional career. Her role models were her own parents,
who raised her and her four siblings in Norristown, Pa., a small
suburb of Philadelphia. President Christensen describes the
area as a fairly rural setting, yet the Gagliano family enjoyed
living just 30 minutes away from the rich history and culture of
the larger city. Her father was a family doctor and later a psy-chiatrist,
who saw patients from an office in the family home,
her mother a social worker. Her paternal grandparents were
Italian and Irish immigrants who came to this country through
Ellis Island. Many of her friends and neighbors growing up
came from similar backgrounds.
96 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
looked at the other col-lege
students and felt
wiser. I was there with
one goal, and that was to
obtain a degree so I could
get into law school and
nothing was going to get
in my way.”
She attended TU Col-lege
of Law at night for
one year, later transfer-ring
to OCU, by then
pregnant with her second
son, Adam. She explains
that her post-secondary
education was colored by
motherhood in a benefi-cial
way.
“Being a mother during
law school helped me to
remain focused,” she
said. “I realized during
the limited time I had, I
really had to study. So I learned skills of time management;
I learned how to balance my life and integrate work and
family demands.”
She graduated law school in December 1986, but her life
had changed beyond the addition of two sons and a J.D.
degree. By this time, she was a single mom. She knew she
would have to work, but she decided to build her life and
her practice around her sons’ schedules. She realized this
would be impossible at a large firm, so she decided to stay
in the Oklahoma City area, hang out a shingle and go out
on her own right after law school. She credits her parents
with giving her the support and encouragement she need-ed
to go solo, having themselves been in private practice.
“I’ve always been totally involved in the lives of my chil-dren,
and being in private practice meant that I was able to
take off and be at important events, school functions and
games. It also meant a lot of late nights, reading and work-ing
after they’d gone to bed. On weekends when they were
with their dad, I was usually at the office working. But it
was all worth it. I also learned to appreciate the friendship
of non-working parents, because I often needed their help
with carpool.”
She married Jim Ditmars Jr., a podiatrist, in 1994. Her
third son, John, came along one year later. The two profes-sionals
have successfully juggled careers and family
demands by each arranging their own calendars around
the other’s schedule. Their hard work raising a family has
paid off; son Blake graduated from the OSU medical school
and is now in his second year of residency in OU’s anes-thesiology
program. Adam is one of the state’s newest law-yers,
sworn in this past September after graduating from
Personal
Trivia
Ideal vacation spot?
Cape Cod
Favorite movie?
Ice Castles
Most frequently visited
website?
gopokes.com
Biggest pet peeve?
Mean people
Favorite restaurant?
Red Rock Canyon Grill in
Oklahoma City
Favorite thing about being
a mom?
Watching my children grow
Favorite foods from
Pennsylvania?
Italian water ice, pizza and
cheese steaks
What’s your favorite kind
of music?
Adult contemporary
How did you meet
your spouse?
In a bowling alley, introduced
by our mutual friend, Owen
Canfield
Favorite sports teams?
OSU Cowboys, OKC Thunder
and New England Patriots
Hobby?
Spending time with my family
is my favorite activity.
Co-ed Cathy Gagliano poses for
a portrait in 1978.
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 97
OCU law school in May
earning his J.D./M.B.A.
degree. John is a sophomore
at Bishop McGuinness High
School, a basketball player
who is wavering between
seeking a medical degree or
a law degree after college.
“At every point in my chil-dren’s
lives, I have thought
to myself if I could freeze
time that this would be the
perfect time to stop and
never leave this chapter of
my life,” she said. “Then
that chapter closes and
another begins, and I have
the same thought. So right
now, this is one of those
times. I am so proud of my children, their choices, their
accomplishments and the people they are. I enjoy my
practice and my clients. Life is good.”
She says it is with the love and support of her family
as well as an incredible office staff and associates that she
takes over the reins as OBA president.
“The number one reason to go into bar leadership is to
serve. I love my lawyer colleagues; I love the practice of
law. I have appreciated the strength of the OBA, from the
day I was first admitted into the bar. I appreciated the
member services, the CLE, the community opportunities
and I wanted to be a part of it. So I began doing commit-tee
work and section work, and the more I was involved,
the more I liked it.”
As president she will be focusing on three initiatives
this year. Her first is to con-tinue
the work of the Okla-homa
Lawyers for America’s
Heroes program, which she
says got off to a fine start
last year.
“When I would attend the
Yellow Ribbon events with
President Reheard, many of
the service men and women
that we spoke to were the
same age as my children,
and that really touched me,”
she says. “Knowing how
young these troops are, the
commitment they are mak-ing
to our country and wit-nessing
their bravery to fight
for our freedom moved me
beyond belief. I want this
Cathy Gagliano Christensen
graduates from college.
If a movie was made of your
life, who would play you?
Susan Sarandon
Book or Kindle?
I am learning to appreciate
iBooks but still prefer an
“old-school,” traditional hard
cover book.
What is a goal you have for
yourself that’s yet to be
accomplished?
Master the art of fly fishing
What inspired you to become
a lawyer?
I grew up outside of Philadelphia
and enjoyed the history in Phila-delphia
and Washington DC. I
wanted to be a part of the Amer-ican
judicial system and do my
part to preserve democracy.
Favorite movie quote?
“Life moves pretty fast. You
don’t stop and look around once
in a while, you could miss it.”
Ferris Bueller’s Day Off
Most prized possession?
My photo albums
Where were you Sept. 11,
2001?
Dressing to attend a hearing in
Oklahoma County. I went to the
hearing and returned home by
10:30 to watch in horror and
fear as the day unfolded via the
news coverage.
If I wasn’t a lawyer, I’d be a
Physician
Favorite musical artist or
band?
James Taylor
Cathy Gagliano’s first
Communion
98 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
program to grow and be able to
serve our home state heroes who
are currently serving and our
home state veterans who have
previously served.”
Another focus this year is
civic education. She plans to
increase attorney involve-ment
in the Lawyers in the
Classroom Program and also
increase educational oppor-tunities
for the public about
the importance of the judicial
system as well as Americans’
rights and responsibilities as
citizens.
“I don’t think our electorate
is as educated as they should
be about the importance of the
judiciary and the importance
of the rule of law. Students
must be given the opportunity
to understand the third branch of government
and how it affects their lives daily,” she said.
“When middle school and high school stu-dents
don’t feel active and engaged in the
world around them, they begin to fall through
the cracks. I think it is important that they
realize they have rights and responsibilities.
Both students and adults must realize that
they can make an impact on those around
them and their local communities and
governments.
Oklahoma leaders in law, education and
government recognize that civic education in
our state has room for improvement. They are
committed to working together to find solu-tions
and implement those solutions.”
Her third focus is the Lawyers Helping
Lawyers Assistance Program Committee and
the new Lawyers Helping Lawyers Founda-tion.
President Christensen emphasizes that
the general public is the ultimate beneficiary
of the work of Lawyers Helping Lawyers
programs.
“If we can assist lawyers in times of need
before there is any harm to their clients, it is
doing a great service,” she said. “Sometimes I
look at it as a quiet service, because it
is behind the scenes and confiden-tial,
but it is definitely essential
to the health of our OBA and pro-tection
of the public. So we are
going to build a solid financial
foundation for the program to
grow on.”
And how will this busy law-yer
and mother find the time
to get this all done in one
year? She credits skills of time
management learned from her
experiences raising young chil-dren
while forging a successful
practice, bringing her family once
again to the forefront of her
motivation to leave the OBA a
little better than she found it.
“Becoming OBA president is
the fulfillment of a goal early in
my career, and that was to serve
the OBA, be actively involved and make a dif-ference,”
she said. “So my takeaway from all
this will be both personal satisfaction and
leaving the bar association a bit stronger for
my son Adam and maybe my son John.”
“Besides,” she smiles, “I’ve always found —
the more you have to do, the more you
get done.”
Lori Rasmussen is an OBA communications
specialist.
Young lawyer Cathy Christensen
sports the ubiquitous ’80s bow tie
at OCU Law commencement,
with children in tow.
Cathy Christensen with her husband Jim Ditmars Jr.
and their son John.
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 99
o Background: Born and
raised in Shawnee; grad-uated
from Shawnee
High School in 1971;
joined my law firm in
1979, the firm has been in
existence since 1904; mar-ried
to wife, Kathy, since
1977; three daughters --
Emily, Rachel and Sarah
o Education: B.B.A.,
Central State University,
1975; J.D., University of
Tulsa, 1978
o What’s your hobby?
Family activities
o If a movie was made of your life, who would
play you? Tom Cruise (Katie will play Kathy.)
o Traditional books or electronic reading devices?
Electronic
o Goal you have for yourself that’s yet to be
accomplished? To be debt free
o What inspired you to become a lawyer? My
mother was a legal secretary for Charles Henry
and Terry West.
o Favorite movie quote? “I’ll have what she’s
having.” When Harry Met Sally and “Leave the
gun, take the cannoli.” The Godfather
o Most prized possession? My home built by my
grandparents in 1928
o Where were you Sept. 11, 2001? In my law office
o If I wasn’t a lawyer, I’d be a… High school civics
teacher
o Favorite musical artist or band? The Moody
Blues
o Background: I was born
in Oklahoma City;
moved to Norman at age
5; been here ever since
o Education: B.A. OU 1978;
J.D. OU 1983
o What’s your hobby?
Making pot holders
o If a movie was made of
your life, who would
play you? Bea Arthur,
but she’s dead, so I
don’t know
o Traditional books or elec-tronic
reading devices?
Book, definitely
o Goal you have for yourself that’s yet to be
accomplished? Travel around the world
o What inspired you to become a lawyer?
Getting a job
o What is your favorite movie quote? “Frankly, my
dear, I don’t give a damn.” Gone with the Wind
o Most prized possession? My 1971 VW
convertible
o Where were you Sept. 11, 2001? In my office
o If I wasn’t a lawyer, I’d be a… Writer
o Favorite musical artist or band? The Beatles
Meet Your
Bar Association
Volunteers Who Guide Your Association
James Stuart
President-Elect
Shawnee
Peggy
Stockwell
Vice President
Norman
100 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
o Background: Raised on
a dairy farm outside
Vinita; first career as a
journalist
o Education: OSU, NSU,
TU Law School
o What’s your hobby?
OBA junkie
o If a movie was made of
your life, who would
play you? Jodie Foster
o Traditional books or
electronic reading
devices? Traditional
books
o Goal you have for yourself that’s yet to be
accomplished? Be the same weight as shown on
my driver’s license
o What inspired you to become a lawyer? Desire
to help people without visible bloodshed
o Favorite movie quote? “I’m your huckleberry.”
Said by Doc Holliday in Tombstone
o Most prized possession? My parents’ wedding
ring and a close second is the quilt Suzanne
Heggy made for me from Annual Meeting
bandanas
o Where were you Sept. 11, 2001? At the office
o If I wasn’t a lawyer, I’d be a… Veterinarian
o Favorite musical artist or band? George Strait
o Background: Born in
San Antonio, Texas;
raised in Stillwater and
Tulsa, lived in Arkansas
as a teenager and
young adult; moved to
Bartlesville in 1990;
taught public school
from 1977 until 1997
when I began practicing
law full time. Married
to Curt Thomas; chil-dren:
Brad Daniel and
his wife, Christy from
Charlotte, NC; Allison
Zelinski and her hus-band,
AJ, and my
grandchildren, Adam
(5) and Abby (3) from Austin, Texas; Amy Atkins
and her husband, Matt also from Austin
o Education: B.A. in speech pathology, B.A. in
Elementary Education; J.D. from University of
Tulsa College of Law, 1994
o What’s your hobby? Spending time with family,
especially grandchildren
o If a movie was made of your life, who would
play you? Sally Field
o Traditional books or electronic reading devices?
Traditional books
o Goal you have for yourself that’s yet to be
accomplished? Comfortable retirement
o What inspired you to become a lawyer?
Encouragement from my dad
o Favorite movie quote? “I’m just one stomach
flu away from my goal weight.” The Devil
Wears Prada
o Most prized possession? The ceramic nativity
scene my grandmother made for me
o Where were you Sept. 11, 2001? On the fifth floor
of the Professional Building in the law offices of
Brewer, Worten, Robinett watching the events
unfold on television
o If I wasn’t a lawyer, I’d be a… Full-time
grandmother
o Favorite musical artist or band? Sugarland
o Background: Married to
Rhonda Dennis, three
children (Zack, Michael
& Katie); Vietnam
veteran, served in the
infantry, 1971; served
in the Oklahoma State
Senate from 1980-1988;
served on the Eastern
Oklahoma State Univer-sity
Board of Regents
for 11 years; practiced
law at Dennis & Bra-nam
since 1975
o Education: Southeast
High School, Oklahoma
City; Southeastern State
College; OCU School
of Law
o What’s your hobby? Cooking, riding my motor-cycle
and playing with my grandchildren
o Traditional books or electronic reading devices?
Traditional books
o What inspired you to become a lawyer? The
movie, To Kill a Mockingbird
o Most prized possession? My grandchildren
o Where were you Sept. 11, 2001? At work
o If I wasn’t a lawyer, I’d be a… Teacher
o Favorite musical artist or band?
Simon & Garfunkel
Gerald
Dennis
Governor -
District No. Two
Antlers
Deborah
Reheard
Past President
Eufaula
Linda Thomas
Governor -
District No. One
Bartlesville
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 101
o Background: I grew up
in Bartlesville; went to
college and law school
in California and
worked for a large law
firm in San Francisco
for several years follow-ing
graduation from
law school. I am mar-ried
and have two sons,
ages 12 and 14. We
moved back to Oklaho-ma
in 1991, and I have
enjoyed living and
practicing law in
Oklahoma City since
that time.
o Education: Stanford
University and UCLA
School of Law
o What’s your hobby? Watching my sons play
baseball
o If a movie was made of your life, who would
play you? Julia Roberts seems like a good choice
o Traditional books or electronic reading devices?
Traditional books, but moving toward using a
Kindle
o Goal you have for yourself that’s yet to be
accomplished? Rafting the Grand Canyon
o What inspired you to become a lawyer? My
father, Allan Stocker
o Favorite movie quote? “What we’ve got here is
(a) failure to communicate.” Cool Hand Luke
o Most prized possession? Photos of my family
and paintings done by my mother
o Where were you Sept. 11, 2001? At the office,
watching coverage on the TV in the office kitch-en
o If I wasn’t a lawyer, I’d be a… Big wave surfer
o Favorite musical artist or band? Lately, it’s been
Weezer, but I also like Michael Bublé, so a pretty
wide variety
o Background: Born in
Altus
o Education: OCU Law
School
o What’s your hobby? I
have several, some of
which are grandkids,
walking my dogs, rid-ing
motorcycles, wood-working.
o If a movie was made of
your life, who would
play you? Clint East-wood
o Traditional books or
electronic reading
devices? Traditional
books
o Goal you have for yourself that’s yet to be
accomplished? Ride my bike in all lower 48
states
o What inspired you to become a lawyer? Another
lawyer, one of my dad’s friends
o Favorite movie quote? “It’s not my dog.”
Pink Panther
o Most prized possession? Apart from family, my
woodshop and my Harley
o Where were you Sept. 11, 2001? In my office
o If I wasn’t a lawyer, I’d be a… Retired and
a bum
o What is your favorite musical artist or band?
George Strait
o Background: Born Sept.
13, 1949, in Tipton,
Okla.; married to Bren-da
Kaye Rivas, 42 years;
two children, Ryland II,
OCU Law, and Mere-dith
Kaye Brockman,
OU Law; three grand-children;
member of the
Comanche Indian Tribe,
first tribal member law-yer;
former Magistrate
for the Court of Indian
Offenses, Chief Justice
Cheyenne and Arapaho
Supreme Court, 1998-
2009; practice in civil,
Indian and criminal
law, Chickasha City
Council 1995-1999;
Board of Directors,
Bank of Verden
Glenn A.
Devoll
Governor -
District No. Four
Enid
Susan S.
Shields
Governor -
District No. Three
Oklahoma City
Ryland L.
Rivas
Governor -
District No. Five
Chickasha
102 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
o Education: Lawton High School – 1967; Oklaho-ma
University, B.B.A., majors in economics and
finance - 1971; OU College of Law - 1974
o What’s your hobby? Fishing of all kinds
o If a movie was made of your life, who would
play you? Al Pacino
o Traditional books or electronic reading devices?
Real books
o Goal you have for yourself that’s yet to be
accomplished? Retire happily
o What inspired you to become a lawyer?
Injustice I saw growing up
o Favorite movie quote? “Here’s looking at you,
kid.” Casablanca
o Most prized possession? A pistol and handmade
holster carried by my grandfather and used in
more than one shootout; the last one occurred
on his Indian allotment in 1910
o Where were you Sept. 11, 2001? Downtown
Oklahoma City
o If I wasn’t a lawyer, I’d be a… Writer of chil-dren’s
books
o Favorite musical artist or band? Rolling Stones
o Background: Born in
Tulsa; graduated from
Tulsa Memorial High
School, Class of 1986;
attended OSU and met
my husband, Alan
Souter, in Eskimo Joes
and we married in 1993.
We have two children
— Noelle, age 13, and
Parker, age 9; Began
practicing law in 1993
with my father, James
R. Hays, in Tulsa and
after his death in 1994 I
joined a firm for a short
time and then opened
my solo practice in
Tulsa in 1998. My legal
assistant/friend, Steph-anie
Pierce, has been with me since 1996. I practice
exclusively in the area of family law.
o Education: B.A., Oklahoma State University,
1990; J.D., University of Kansas School of
Law, 1993
o What’s your hobby? Running half marathons
(13.1 miles). I am fortunate to have a fantastic
group of girlfriends to run with, and we travel
to races together. Running is cheaper than thera-py!
I also like to work with the flowers in our
yard, many of which came from my mother’s
and grandmother’s gardens.
o If a movie was made of your life, who would
play you? Reese Witherspoon (from the movie
Legally Blonde)
o Traditional books or electronic reading devices?
I prefer traditional books, but my recent iPad
purchase is starting to change my mind.
o Goal you have for yourself that’s yet to be
accomplished? Running a second marathon
o What inspired you to become a lawyer? My
inspiration was my father, James R. Hays. He
was an attorney in Tulsa and a special judge
when I was very young. I grew up watching
him practice law, and I worked in his law
office. He taught me that an attorney’s word is
his/her bond and the importance of integrity
and professionalism.
o Favorite movie quote? Tie between “Life moves
pretty fast. If you don’t stop and look around
once in a while, you could miss it.” Ferris Buel-ler’s
Day Off and “It would be so nice if some-thing
made sense for a change….We’re all mad
here!” Alice in Wonderland
o Most prized possession? The cards and artwork
my children make for me, especially when they
were very young, and my race medals I have
earned for my one marathon and my seven half
marathons, so far
o Where were you Sept. 11, 2001? Tulsa County
District Court in an attorney fee hearing. During
a break, the judge told us about the bombing.
As soon as the hearing was finished, I rushed
back to the office to watch the coverage on tele-vision.
I remember watching the images of the
devastation the rest of the day and praying for
the victims and people responding to the
unimaginable tragedy.
o If I wasn’t a lawyer, I’d be a… Either a psy-chologist
(I guess it is already part of my job
description as a family law attorney) or any
job I could find working on a beach
o What is your favorite musical artist or band?
Country singer Kenny Chesney
o Background: Born in
Kingfisher on Jan. 6,
1964; an Okie from
Muskogee since 1968;
honorably discharged
from the Oklahoma
Army National Guard
in 1987; was a partner
with Bill Haworth
and Mike Finerty –
Haworth, Finerty &
Smith; now president
of Bret A. Smith, Attor-ney
at Law, P.C.
Kimberly
Hays
Governor -
District No. Six
Tulsa
Bret Smith
Governor -
District No. Seven
Muskogee
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 103
o Education: Graduated OU, B.A. political science
1986; graduated TU law school 1990
o What’s your hobby? Hunting, fishing, flying,
cycling and boating
o If a movie was made of your life, who would
play you? George Clooney
o Traditional books or electronic reading devices?
Books
o Goal you have for yourself that’s yet to be
accomplished? Retirement
o What inspired you to become a lawyer? Retired
District Judge John C. Garrett was the most
influential person; I wanted to follow his path
— OU football player and attorney
o Favorite movie quote? “Lisa, I don’t need this. I
swear to God, I do not need this right now,
okay? I’ve got a judge that’s just aching to throw
me in jail. An idiot who wants to fight me for
$200, slaughtered pigs. Giant loud whistles. I
ain’t slept in five days. I got no money, a dress
code problem AND a little murder case, which
in the balance holds the lives of two innocent
kids. Not to mention your biological clock —
my career, your life, our marriage, and let me
see, what else can we pile on the top of the out-come
of this case? Is it possible?” Joe Pesci in
My Cousin Vinny
o Most prized possession? My two daughters,
Lizzie and Leah
o Where were you Sept. 11, 2001? Home watching
the event on TV
o If I wasn’t a lawyer, I’d be a… Marine biologist
o Favorite musical artist or band? Boston
o Background: Born and
raised in Stillwater,
where my family has
had the Ford dealership
since 1919; raised my
daughter in New York
before coming back to
marry my husband,
whom I have known
since sixth grade
o Education: Graduated
from C.E. Donart High
School in Stillwater;
B.A. in history from
OSU; J.D. from Ford-ham
University School
of Law, New York
o What’s your hobby?
Right now, the most
time I spend outside of work involves growing
in my faith. I also enjoy the great outdoors, eat-ing
great food wherever it can be found, danc-ing,
trying new recipes/making them my own,
reading and handiwork projects, like cross stitch.
o If a movie was made of your life, who would
play you? If they were still alive, as a child -
Shirley Temple, as a young adult - Vivian Leigh
and as an older adult - Maureen O’Hara
o Traditional books or electronic reading devices?
Definitely traditional books that I can hold and
turn each page – I have fond memories of going
to the library as a child and still love to lose
track of time in a good book store.
o Goal you have for yourself that’s yet to be
accomplished? Creating solutions at the local
level that could be the basis for solving
national issues
o What inspired you to become a lawyer? The
pursuit of justice and the drama of a trial
o Favorite movie quote? “Let’s get on with it.
We’ve got a world to conquer!” The Ultimate Gift
o Most prized possession? My integrity
o Where were you Sept. 11, 2001? Glued to my TV
at home
o If I wasn’t a lawyer, I’d be a… Culinary-trained
chef
o Favorite musical artist or band? Right now,
Michael Bublé
o Background: Born and
raised in Shawnee; have
lived and practiced in
Lawton since 1971
o Education: Graduated
Shawnee High School
in 1962; OU undergrad-uate,
1966; OU College
of Law, 1969; George-town
for LLM in tax,
1971
o What’s your hobby?
Sailing, fly fishing and
hunting
o If a movie was made of
your life, who would
play you? Woody
Harrelson
o Traditional books or electronic reading devices?
Traditional books
o Goal you have for yourself that’s yet to be
accomplished? Sail to Tahiti
o What inspired you to become a lawyer?
Lawyers and judges I met while growing up
in Shawnee
D. Scott
Pappas
Governor –
District No. Eight
Stillwater
O. Christopher
Meyers II
Governor -
District No. Nine
Lawton
104 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
o Favorite movie quote? “No, we’ll pay for it, me
and Shane.” after the fight in the movie, Shane
o Most prized possession? My sailboat, “It’s
Prime Time”
o Where were you Sept. 11, 2001? At my home get-ting
ready for work, watched on TV
o If I wasn’t a lawyer, I’d be a… Rancher
o Favorite musical artist or band? Jimmy Buffett
o Background: I was born
in Oklahoma but grew
up in the California Bay
Area in a small town of
2,500 people about 30
miles east of San Fran-cisco.
Went in the Army
out of high school;
returned to Oklahoma
for college and law
school after I got out.
Been here since 1969.
Married, two grown
sons and three grand-children
o Education: B.A. Univer-sity
of Central Oklaho-ma
1973; J.D. University
of Oklahoma 1977
o What’s your hobby? Golf and reading
o If a movie was made of your life, who would
play you? Harry Morgan or someone like him
o Traditional books or electronic reading devices?
Books
o Goal you have for yourself that’s yet to be
accomplished? Raft the Colorado River
o What inspired you to become a lawyer?
To help…
o Favorite movie quote? “What we’ve got here is
(a) failure to communicate.” Cool Hand Luke
o Most prized possession? My mother’s Bible
o Where were you Sept. 11, 2001? At a breakfast
meeting with a client
o If I wasn’t a lawyer, I’d be a… Psychiatrist or a
lounge singer
o Favorite musical artist or band? Frank Sinatra
or Tony Bennett
o Background: Born and
raised in Oklahoma;
shareholder with
GableGotwals
o Education: B.A. summa
cum laude from OCU, J.
D. with honors from
OU
o What’s your hobby?
Swimming and flyball
o If a movie was made of
your life, who would
play you? An actress
named Renée – either
Zellweger or Russo
o Traditional books or electronic reading devices?
Books
o Goal you have for yourself that’s yet to be
accomplished? Mastering electronic devices
o What inspired you to become a lawyer? A
history/political science degree and love of
reading
o Favorite movie quote? “It’s merely a flesh
wound.” Monty Python and the Holy Grail
o Most prized possession? My border collie, my
schnoodle and a nativity set from my mom
o Where were you Sept. 11, 2001? On my way to a
deposition
o If I wasn’t a lawyer, I’d be an… Animal trainer
or a personal shopper
o Favorite musical artist or band? Tom Petty and
the Heartbreakers
o Background: Born and
raised in Atoka. Taught
high school English
before going to OCU
law school at night and
running a commercial
interior decorating busi-ness.
Was in private law
practice then marshal
of Oklahoma Supreme
Court for 25 years. Two
grown daughters, six
grandsons and one
granddaughter
David A.
Poarch Jr.
Governor -
At Large
Norman
Renée
DeMoss
Governor -
At large
Tulsa
Nancy Parrott
Governor -
At large
Oklahoma City
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 105
o Education: Undergraduate degrees in English,
speech and French from University of Oklaho-ma.
University of Grenoble, France. Masters
degree in family counseling from North Texas
State University. Law degree from OCU
o What’s your hobby? Playing harmonica and
doing everything I can with precious grandkids
o If a movie was made of your life, who would
play you? Sally Field
o Traditional books or electronic reading devices?
Definitely traditional books so I can underline
and mark good parts
o Goal you have for yourself that’s yet to be
accomplished? Being a really good wife
o What inspired you to become a lawyer? Two
hungry kids and a divorce — and a hope that I
could help someone
o Favorite movie quote? “Remember, George, no
man is a failure who has friends.” It’s a Wonder-ful
Life
o Most prized possession? A silver tea service my
students bought me in 1971, pooling all their
money and signing “for our techur from ????”
o Where were you Sept. 11, 2001? At my desk, of
course (It was a workday.)
Io If I wasn’t a lawyer, I’d be a… Junk dealer
o Favorite musical artist or band? Elvis or Bob
Wills — good dancin’ music
o Background: I was born
in Midwest City and
have lived in Oklahoma
all my life except for a
brief stint in Holly-wood,
Fla. in the fourth
grade. I am the oldest
of eight kids (no, I’m
not LDS or Catholic).
I live in Edmond with
the two most wonderful
little boys, Aiden and
Brody and Sugar, the
un-wonder dog.
o Education: B.A. (the-ater)
from Cameron
University 1996; M.A.
(communication)
University of Oklahoma 1999; J.D. Oklahoma City
University School of Law 2002
o What’s your hobby? I don’t think I really have a
hobby other than being an OBA/ABA junkie!
When I’m not working, hanging out with my
boys or working on an OBA project, I like to
read and sing
o If a movie was made of your life, who would
play you? Ashley Judd or Emma Stone
o Traditional books or electronic reading devices?
Traditional books — nothing beats the smell and
feel of a good book
o Goal you have for yourself that’s yet to be
accomplished? Someday I am going to run a
marathon
o What inspired you to become a lawyer? The
intellectual challenge of the law inspired me to
become a lawyer
o What is your favorite movie quote? “Just smile
and nod boys…smile and nod…” Madagascar
o What is your most prized possession? My
grandmother’s piano
o Where were you Sept. 11, 2001? I was in my car
on the way to Prof. Hart’s oil and gas law class
at OCU
o If I wasn’t a lawyer, I’d be a… Tony-winning
Broadway actress or a TV news anchor
o Favorite musical artist or band? I’m an Aero-smith
and Rolling Stones junkie. My younger
son’s middle name was inspired by the Stones.
Jennifer
Kirkpatrick
Governor -
YLD Chair
106 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
Executive Director
OBA Bylaws, Article IV, Section 4:
(a). The Executive Director shall keep the
roster of the members of the Association and of
the House of Delegates entitled to vote therein.
He or she shall record and be the custodian of
the minutes, journal and records of the Associa-tion
and of the House of Delegates and of the
Board of Governors.
(b). The Executive Director shall act as Trea-surer,
and be the custodian of the funds of the
Association. No funds shall be withdrawn
except in the manner approved by the Board
of Governors.
(1) The expenditures of the Association shall
be in accordance with the provisions of the
Rules Creating and Controlling the Oklahoma
Bar Association as promulgated by the Oklaho-ma
Supreme Court.
(2) The Executive Director shall maintain at all
times a fidelity bond executed by a surety com-pany
as surety, the amount thereof and the sure-ty
to be approved by the Board of Governors.
(c). He shall supervise the office of the Asso-ciation
and its personnel and shall see that the
work of the Association is properly performed.
He or she shall also perform such other duties
as the House of Delegates, the Board of
Governors or the President of the Association
may direct.
Rules Creating and Controlling the OBA,
Article VI, Section 4:
The Executive Director shall perform such
duties and services as may be required by these
Rules or the Bylaws and as may be directed by
the Board of Governors or the President of the
OBA Departments and the
Member Services They Provide
Meet Your
Bar Association
Volunteer leaders may be the chief engineers who keep any
professional association on track, but it is the staff who
provides the power to move forward. Member services are
an essential part of the Oklahoma Bar Association. Learn more
about what each department offers members, and put a name
together with a face in photos of the employees who work for
you — bar association members.
Executive Director John Morris Williams and
Executive Assistant Debbie Brink
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 107
Association. He shall also keep a complete
and accurate list of the members of the Asso-ciation;
notify delinquent members and certify
the names of delinquent members to the
Supreme Court as required by these Rules;
certify to the Supreme Court records and
other matters as provided by these rules.
Phone: 405-416-7014
Administration
The responsibilities of the Administration
Department are multi-faceted, but its primary
emphasis is handling finances, human
resources, Annual Meeting planning, bar cen-ter
operations and maintaining official
membership information. Specific
duties include:
o scheduling bar center meeting rooms
o coordinating and scheduling
meetings utilizing video conference
equipment in Oklahoma City and
Tulsa
o assisting committees and sections
with mailings to their members
o providing mailing labels of bar
members to committees and sections
o tracking expenditures for all
committees and sections
o providing monthly committee and section
accounting reports upon request
o ensuring the bar center interior and exterior
facilities are maintained so members can take
pride in their building
o maintaining and updating member roster
information
o invoicing senior members and non-members
for Oklahoma Bar Journal
subscriptions
o managing the Legal Intern Program
o producing certificates of good
standing for our members
o processing expense claims for OBA
officers, YLD officers, and section and
committee members
Phone: 405-416-7000
Membership: 405-416-7080
Communications
The Communications Department
has responsibility for the OBA’s
member communications and
external public relations efforts. Areas
of major emphasis are:
o publishing 34 issues of the Oklahoma Bar
Journal every year
o responsible for social media responsibilities
such as the OBA’s official Facebook page and
Twitter account
ADMINISTRATION – (Front Row) Roberta Yarbrough,
Suzi Hendrix, Tracy Sanders and Wanda Murray;
(Back Row) Director Craig Combs and Durrel
“Doc” Lattimore
COMMUNICATIONS — Director Carol Manning,
Lori Rasmussen and Jeff Kelton
108 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
o assisting the Law Day Committee in
accomplishing extensive Law Day statewide
activities and community service projects
that generate significant positive public
recognition for the legal profession
o publishing the OBA Annual Meeting
program and House of Delegates book and
promoting award winners, the meeting itself
and election results
More specific duties that benefit members
are:
o editing information submitted by and about
bar members for the FYI and Bench & Bar
Briefs section of the bar journal
o publishing the monthly E-News for OBA
members with e-mail addresses
o expediting information requests from the
news media
o issuing news releases about association
events
o assisting OBA committees, sections and
divisions in publicizing their projects
to both members and the media
o working with sections to publish
short law articles related to the
section’s focus
o assisting sections and committees
with placing and designing free ads
in the bar journal to promote their
activities to other members
The department serves as a liaison
for one board and several committees
and assists in accomplishing their
goals. Responsibilities include:
o working with the 10-member Board
of Editors that reviews articles
submitted and plans for future
theme-related Oklahoma Bar Journal
issues; once articles are approved for
publication, the staff has charge of
editing, proofreading and layout
o assisting the Communications Committee in
its projects including overseeing the
publication of 16 brochures on such topics as
divorce, landlord/tenant rights and estate
planning; Brochures are distributed free as a
community service to individuals, libraries,
nonprofit organizations, etc., and staff
handles the continuous demand for those
materials to be mailed across the state
o working with the Law Day Committee to
conduct statewide contests for Oklahoma
students, provide county Law Day
chairpersons with both event and promotion
ideas for county celebrations, coordinate the
statewide Ask A Lawyer community service
project in which volunteer attorneys give
free legal advice to people who call in,
implement marketing strategies to promote
the Ask A Lawyer free legal advice and
produce a one-hour, interview-style TV
program, in cooperation with OETA (the
state’s PBS affiliate) that shows how lawyers
work to improve the lives of all Oklahomans
The department also assists the Awards
Committee, Disaster Response and Relief
Committee, Lawyers Helping Lawyers Assis-tance
Program Committee and Young Law-yers
Division.
Phone: 405-416-7004
Continuing Legal Education
OBA/CLE wants to be your continuing
legal education provider. Call CLE Director
Donita Bourns Douglas at 405-416-7028 with
your program ideas.
Department services include:
o developing and producing over 150 live
seminars, webinars and webcasts
o offering video replays of the live seminars
CLE — Stephanie Burke, Brandon Haynie, Director
Donita Douglas, Heidi McComb, Renee Montgomery
and Mark Schniedewent
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 109
o developing and producing online video and
audio seminars, including webcast seminars
o offering recent seminar publications, digital
book chapters and CDs for sale to association
members
o developing and producing CLE at the OBA
Annual Meeting
o coordinating with the Management
Assistance Program to plan and administer
the annual Solo and Small Firm Conference
o coordinating with the Women in Law
Committee to plan the annual Women in
Law Conference
o coordinating with OBA officers to plan
leadership training for OBA members
o coordinating with various OBA sections in
the planning of OBA/CLE section
cosponsored CLE seminars
o attracting and securing nationally recognized
experts to present continuing legal education
programming to OBA members
o publishing volumes (non-seminar) to
members to assist in their practice, including
form books, practice manuals and treatises
o providing online registration for OBA/CLE
members
o applying attendance credit electronically
to enable members to have an up-to-date
view of accumulated OBA/CLE credit on
my.okbar.org
Phone: 405-416-7006
E-mail: cle@okbar.org
Ethics Counsel
The Office of Ethics Counsel is a member-ship
service available only to OBA members.
It was created to assist members with conflict
dilemmas, confidentiality questions, commu-nication
concerns and other ethical inquiries
unique to the profession. The Office of Ethics
Counsel is completely autonomous from and
independent of the Office of the General
Counsel. Members seeking assistance with
ethical questions are afforded an “attorney/
client” relationship with the full expectation
of confidentiality of disclosed information.
Through the Office of Ethics Counsel, Oklaho-ma
Bar Association members can obtain infor-mal
guidance and advisory interpretations of
the rules of professional conduct. Responsibil-ities
of the Ethics Counsel include:
o answering ethics questions from members of
the Oklahoma Bar Association
o researching and writing ethics materials for
the Oklahoma Bar Association website,
seminars and the Oklahoma Bar Journal
o preparing and presenting CLE programs on
the topics of ethics and professionalism
o acting as a liaison to the Bench and Bar and
Lawyers Helping Lawyers committees
o monitoring the OBA diversion program and
teaching related classes
Phone: 405-416-7055
E-mail: travisp@okbar.org
ETHICS COUNSEL –
Ethics Counsel Travis Pickens
110 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
General Counsel
The Office of the General Counsel is
charged with the responsibility of:
o reviewing and investigating allegations of
lawyer misconduct or incapacity
o reviewing and investigating allegations of
the unauthorized practice of law
o prosecuting violations of the Oklahoma
Rules of Professional Conduct
o administering the Clients’ Security Fund
In addition to these enumerated duties, the
Office of the General Counsel:
o serves as liaison to the OBA Board of
Governors advising the governing group on
legal matters
o processes and approves the
registration for attorneys
from other jurisdictions
o administers the trust
account overdraft
notification program
Phone: 405-416-7007
Information Systems
The Information Systems
Department is responsible
for desktop computer sup-port
to staff, network man-agement
of internal servers
and externally accessible
servers, Web application development and
maintenance, mailing list management, devel-opment
of association management system
and database, network security, audio/visual
support to staff, monitoring of evolving tech-nologies
and assistance to all departments to
utilize technology in their departments. The
Information Systems Department’s functions
are mostly of an internal nature; however, ser-vices
directly benefiting members are:
o providing a mailing list for each committee
and section through the list servers to
communicate with members easily and in a
cost effective manner
SUPPORT STAFF — Diedra Goss, Misty
Hill, Laura Willis and Manni Arzola (seated)
GENERAL COUNSEL — Katie Ogden, Loraine Farabow,
Ted Rossier, General Counsel Gina Hendryx and Debbie Maddox
INVESTIGATORS — (Front Row)
Krystal Willis and Dorothy Walos;
(Back Row) Tommy Butler and Sharon Orth
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 111
o maintaining a committee chairperson list
and a section chairperson list serve to allow
communication between the association and
the chairs, as well as between the chairs
themselves
o providing a website to include a members-only
section where members can update
roster information, pay dues, register for
CLE, review MCLE credits, etc.
o promotes the online presence of association
through the OBA website and various social
media outlets
o providing free sign-up for the
www.okbar.org/findalawyer.com
lawyer referral service
Phone: 405-416-7045
Law-related Education
The Law-related Education (LRE) Depart-ment
of the Oklahoma Bar Association was
established in 1989 to further the OBA’s goals
of increasing public service and enhancing
public understanding of the law and the legal
system. To that end, LRE endeavors to edu-cate
citizens in a constitutional democracy
and to create an active, responsible citizenry.
LRE conducts programs independently and
in partnership with nonprofits, civic organiza-tions
and educational groups. Programs
include professional development for teachers
and others in the civic community via institu-tions
and workshops. Classroom materials are
created and distributed for programs adminis-tered
by LRE at no cost to educators.
LRE aims to join the education and law
communities in its mission of fostering civic-mindedness.
An understanding of the role of
the law in society is essential to informed par-ticipation
in democracy. Creating active citi-zens
requires active civic education. LRE is
under the direction of Jane McConnell, Law-related
Education coordinator and Debra Jen-kins,
administrative assistant. Information
about specific LRE programs and resources is
available on the OBA website at www.okbar.
org/public/lre.
Phone: 405-416-7024
E-mail: janem@okbar.org
Management Assistance Program
The OBA Management Assistance Program
focuses on helping Oklahoma lawyers with
the nuts and bolts of running their law offices.
From “basic training” for the new lawyer to
providing management and technology
advice for the seasoned professional, the
department has a wide array of information to
assist every lawyer in every practice setting.
o Free Telephone Hotline — The OBA-MAP
staff attempts to answer brief questions
about management and technology issues.
Our number is 405-416-7008. The toll-free
number is 800-522-8065. Advice provided is
confidential.
o OBA Solo and Small Firm Conference —
Attend great CLE programs with nationally
recognized experts, network with other small
LRE — Coordinator Jane McConnell and
Debra Jenkins
INFORMATION SYSTEMS – Interim
Manager Robbin Watson, Morgan Estes
and Matt Gayle
112 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
firm lawyers from across the state and meet
with vendors in a fun family setting. Join us
for the 14th Annual Solo and Small Firm
Conference June 9-11, 2011, at Downstream
Casino Resort in Quapaw.
o OBA-MAP Lending Library — Attorneys can
borrow books on law practice management
and technology from the OBA-MAP Lending
Library. Thanks to a recent grant from the
OBA Law Office Management and
Technology Section, there will soon be
multiple copies of several of the more
popular titles.
o Discounts on practice management books
(and other ABA titles) — If you prefer to
own a book rather than borrow it, we have
partnered with the American Bar Association
for a 15 percent discount on ABA
publications. Whether or not you’re a
member of the ABA, your OBA membership
entitles you to 15 percent off the list price of
any of the ABA’s more than 300 titles.
Simply enter PAB9EOKB in the Discount
Code Number field when placing your order
on the ABA website.
o OBA-NET — This is an online resource that
is free to all OBA members. It is our online
community for the legal profession.
Oklahoma lawyers post questions and
brainstorm with other lawyers online. There
are many files and forms available that have
been uploaded by other OBA members.
o Jim Calloway’s Law Practice Tips Blog —
Weekly postings of Internet tips, law practice
tips and hot news in law office management
and technology are available by visiting the
blog website, subscribing to the e-mail alerts
or subscribing to the RSS news feed. Visit
the blog at http://jimcalloway.typepad.com
o Office “Health Checks” — These
consultations take place in the lawyer’s
office on a fee for services basis. A wide
range of management issues can be covered.
Typically all staff and attorneys will be
involved both in group and individual
interviews.
o Free Consultations at the bar center — Any
lawyer who is setting up a new practice or
has encountered a difficult issue that cannot
be comfortably handled over the telephone is
welcome to schedule a free 50-minute
appointment with the OBA-MAP director.
o Your Law Practice — This innovative
program consists of a one-day seminar,
scheduled in Oklahoma City twice a year
(Spring and Fall) and in Tulsa in the fall, to
assist attorneys setting up new solo practices.
A companion project is the “Starting a Law
Practice Web Directory” which is available to
any attorney at www.okbar.org/members/
map/practice.htm.
o Oklahoma Bar Journal articles — Each theme
issue of the Oklahoma Bar Journal contains the
regular column “Law Practice Tips” by OBA-MAP
Director Jim Calloway.
o Local Bar Presentations — The OBA-MAP
director is available to speak at your county
bar meetings or other organized lawyer
groups at no charge.
Phone: 405-416-7008
Mandatory Continuing
Legal Education
The OBA Mandatory Continuing Legal Edu-cation
Department is the regulatory office
concerned with the accreditation of all con-tinuing
legal education programs and the
compliance by all Oklahoma bar members
with the MCLE requirement. Often confused
with the CLE Department, the MCLE Depart-ment
does not sponsor CLE seminars.
Mandatory Continuing Legal Education, a
program adopted by the Oklahoma Supreme
Court in 1986, establishes minimum require-ments
for continuing legal education for Okla-homa
attorneys. The program is administered
by the OBA Mandatory Continuing Legal
MAP — Director Jim Calloway and Amy Kelly
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 113
Education Commission, which consists of nine
members, that has general supervisory
authority over the rules and may adopt regu-lations
consistent with the rules.
Member services provided include:
o reviewing seminars for accreditation
o accreditation of teaching activities
o responding to requests for clarification of the
Rules of the Oklahoma Supreme Court for
Mandatory Continuing Legal Education
o processing the annual reports of compliance
o helping each member receive all the credit
he or she is entitled to for qualified CLE
activities
o keeping a record of the Oklahoma approved
seminars attended by members
Phone: 405-416-7009
E-mail: mcle@okbar.org
Don’t Know
Whom to Contact?
If you need more information about which
employee in a department to contact, check
out the staff list at www.okbar.org/public/
about/staff.htm. You will find a list of each
OBA staff member, a summary of his or her
responsibilities, and their e-mail address.
MANDATORY CONTINUING LEGAL
EDUCATION - Brenda Card, Administrator
Beverly Petry and Johnny Floyd
114 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
LAWYERS HELPING LAWYERS
ASSISTANCE PROGRAM
Free 24-hour confidential assistance
• depression/anxiety
• substance abuse
• stress
• relationship challenges
800.364.7886
www.okbar.org/lhl
Counseling and
peer support
are available.
Some services
free as a member
benefit.
You are not alone.
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 115
NOTICE
RE: POSTJUDGMENT AND PREJUDGMENT INTEREST
January 3, 2012
POSTJUDGMENT INTEREST: The State Treasurer has certified to the Administra-tive
Director of the Courts that the prime interest rate as listed in the first edition of
the Wall Street Journal published for calendar year 2012 is 3.25 percent. In accordance
with 12 O.S. §727.1 (I), the postjudgment interest rate shall be the prime interest rate
plus two (2%) percentage points, which equals 5.25 percent.
PREJUDGMENT INTEREST: In accordance with 12 O.S. §727.1 (I) and (K), the
prejudgment interest rate applicable to actions filed on or after January 1, 2010, shall
be “a rate equal to the average United States Treasury Bill rate of the preceding calen-dar
year.” The State Treasurer has certified to the Administrative Director of the
Courts that the average United States Treasury Bill rate of the preceding calendar year
is 0.05 percent.
These interest rates will be in effect from January 1, 2012 until the first regular busi-ness
day of January, 2013.
Interest rates listed below for each year prior to the current year were calculated in
accordance with the statute in effect for that year.
Interest Rates since January 1, 2010, are as follows:
Year Postjudgment Interest Rate Prejudgment Interest Rate
2010 5.25% 0.14%
2011 5.25% 0.13%
2012 5.25% 0.05%
Interest rates from November 1, 1986, through December 31, 2009, are as follows:
/s/ Michael D. Evans
Administrative Director of the Courts
1986 11.65%
1987 10.03%
1988 9.95%
1989 10.92%
1990 12.35%
1991 11.71%
1992 9.58%
1993 7.42%
1994 6.99%
1995 8.31%
1996 9.55%
1997 9.15%
1998 9.22%
1999 8.87%
2000 8.73%
2001 9.95%
2002 7.48%
2003 5.63%
2004 5.01%
2005 7.25%
2006 9.25%
2007 10.25%
2008 9.25%
2009 5.25%
116 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
ONLINE SERVICES
OKNewsBar (www.okbar.org/oknewsbar.htm)
— Designed with the needs of OBA members in
mind, OKNewsBar has been created to allow
you to quickly access new Oklahoma and U.S.
Supreme Court opinions as well as up-to-date
legal news and law practice management tips.
Fastcase — The OBA offers online legal research
software as a free benefit to all OBA members.
The OBA has contracted with Fastcase to pro-vide
the member benefit, which includes national
coverage, unlimited usage, unlimited customer
service and unlimited free printing at no cost
to bar members as a part of their existing bar
membership. To use Fastcase, sign in with your
MyOKBar username (OBA number) and pass-word
on the OBA website at www.okbar.org.
www.okbar.org — Main website of the OBA with
links to all other OBA Web presences. Informa-tion
is primarily geared for members, but con-tains
a great deal of information for the public.
MyOKBar (my.okbar.org) — password-protected
portion of the OBA’s website. Easy to do every-thing
from changing your official address, enroll-ing
in a CLE course, checking your MCLE cred-its,
paying your annual dues, joining a section to
listing your practice areas on the Internet so
potential clients can find you. You can also
receive electronic communications from the bar
by adding your email address to the roster. Plus,
a new feature allows you to print a temporary
bar card and print receipts from previous dues
and CLE payments.
OBA-NET (www.oba-net.org) — Members-only
interactive service. Free basic service with pre-mium
services available to enhance the member
benefit. This is where lawyers are empowered to
help each other through online discussions and
an online document repository. You must agree
to certain terms and be issued a password to
participate.
E-News (www.okbar.org/newsletter) — Cur-rent
OBA news and information to assist in
your law practice that is sent once a month to
members with an email address as part of their
official roster information.
Member Perks: Benefits Your
Association Provides
Your state bar association offers you a broad selection of
opportunities to make the most of your membership. You
may not even be aware of some of the professional bene-fits
available to you as an Oklahoma Bar Association member.
Check this list to be sure you are taking full advantage of the
member services provided.
Meet Your
Bar Association
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 117
Online CLE (legalspan.com/okbar) — Quality
OBA/CLE online programming, plus online
webcast and archived seminar programs from
other state bar associations.
Oklahoma Find A Lawyer (www.okbar.org/
findalawyer) — The OBA’s official lawyer listing
service. Free to members and the public. It is also
a useful tool for lawyers to identify attorney
practice area expertise in specific geographic
areas. Sign up through MyOKBar.
Online research links (www.okbar.org/research)
— A quick way to find the Oklahoma Supreme
Court website is to look up Oklahoma cases and
statutes online. Can be used to find the online
site of the Court of Criminal Appeals or any of
Oklahoma’s District Courts, locate a state or fed-eral
agency, locate a federal court site, find a
municipal ordinance or find the rules from local
or federal courts. As a bonus there are many
other links to assist in your legal and factual
research.
Website design and hosting — Provided by the
OBA staff to committees, sections and county
bar associations.
Prepared speeches for community/civic groups
(http://bit.ly/publicspeeches) — Speeches, out-lines
and handouts prepared by the OBA’s
Bench and Bar Committee on selected topics for
presentation to public groups.
PUBLICAT IONS
Oklahoma Bar Journal (www.okbar.org/obj) —
34 issues annually, contains articles, court opin-ions,
substantive law, state bar news, profes-sional
changes, member news (moves, kudos,
additions to firms, etc.), master calendar of judi-cial
and bar events, $55 annual subscription, free
to members. Specially printed binders to keep
bar journals organized are provided to members
at $15.95 each.
Continuing Legal Education materials — Semi-nar
materials and form books are available for
purchase, an affordable way to get quality, state-specific
practice aids. Prices start at approximate-ly
$40. A complete list of topics is available online,
or come by the CLE Dept. at the Oklahoma Bar
Center Monday – Friday, 8:30 a.m. – 5 p.m., and
review the books available. CLE materials are
also available in an electronic format, by chapter,
at www.legalspan.com/okbar/e-pubs.asp.
Consumer information brochures (www.okbar.
org/public/brochures) — Pamphlets on 15 top-ics
covering commonly asked questions to give
to clients, sold to OBA members at a minimal
cost of $16 for 100. Brochure topics are: wills,
probate, joint tenancy, home buying, tenant
rights and duties, landlord rights, divorce, small
claims court, employee rights, bankruptcy, trial
juror information, lawyers & legal fees, living
wills (brochure and form), criminal law and
resolving conflicts and disputes. As a commu-nity
service, the OBA distributes the brochures
free to courthouses and libraries throughout the
state. There’s an order form online.
PRACTICE MANAGEMENT/
PROFESIONALISM
Young Lawyers Division — The YLD is a profes-sional
service network offering the chance to par-ticipate
in community and bar-related programs.
Lawyers of any age who have been in practice less
than 10 years are automatically members. No
dues are required. Find information about YLD
programs at www.okbar.org/yld.
118 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
Continuing Legal Education seminars (www.
okbar.org/cle) — The OBA creates and coordi-nates:
live seminars, webcasts and videotaped
programs. The OBA also offers materials on a full
spectrum of legal topics. OBA members can come
to the bar center anytime during regular business
hours to watch a seminar video of your choice and
earn CLE, but please call in advance to schedule.
Call Renee Montgomery at 405-416-7029.
Practice management/ technology hotline ser-vice
— Free telephone calls to the Management
Assistance Program (MAP) staff and the OBA
Director of Information Systems for brief answers
about practical management and technology
issues, such as law office software, under-standing
computer jargon, staff and personnel
problems, software training opportunities,
time management and trust account manage-ment.
Call 405-416-7008.
Office “health checks” — In-depth personal or
group consultations that take place in the law-yer’s
office, consultations may focus on technol-ogy,
office procedures or other areas agreed
upon by attorney and MAP Coordinator. Fee is
$500 per day for small law firms (five attorneys
or less) or $750 per day for medium or larger
firms (more than five attorneys), program offered
by OBA’s MAP Department. Call 405-416-7008
to schedule.
MAP workshops — Customized day-long pre-sentations
on technology and office procedures
conducted on-site to a group of attorneys
and staff members from different firms using a
multimedia approach, may include computer-generated
presentation, videotapes on such
topics as professionalism and trust accounting
procedures and workshop exercises, afternoon
session devoted to answering specific questions
anonymously submitted. This is for firms who
wish to share costs and have more general infor-mation
presented to them.
Book purchasing program — OBA members
can purchase ABA Law Practice Management
Section books at the same discount as ABA/
LPM members through the OBA Management
Assistance Program.
Lending library — Law practice management
books, video and audio tapes available for law-yers
to check out and review. There is no fee for
checking out materials to take home. The com-plete
list of materials is online at www.okbar.
org/members/map/lending.htm.
Ethics Counsel — Assists members with ethical
questions and inquiries on subjects such as con-flicts,
confidentiality and client concerns. The
Ethics Counsel also presents continuing educa-tion
programs on the topics of ethics and profes-sionalism.
Call 405-416-7055.
Crisis Counseling Services — Need help with
stress, depression or addiction? Call the Law-yers
Helping Lawyers Assistance Program toll-free
at 800-364-7886. The OBA offers all bar
members up to six hours of free crisis counseling.
It’s strictly confidential and available 24 hours a
day. Plus, members can take advantage of free
lawyer support groups that meet monthly in
Tulsa and Oklahoma City. Details about the
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 119
women’s groups are online at www.okbar.org/s/
women, and information about the men’s groups
are at www.okbar.org/s/men.
OBA sections — 24 substantive law sections
that offer professional development and interac-tion,
experience professional growth by learn-ing
from colleagues in your practice area
and develop new contacts, benefits vary by
section with a growing number of sections
holding midyear or quarterly meetings that
offer free or discount CLE to section members,
some sections publish member newsletters.
For a list of sections and their annual dues, go
to www.okbar.org/members/sections/.
County bar association and civic group speak-ers
— OBA officers, Board of Governors mem-bers
and staff members are available (for the
price of a meal) to speak at luncheons and ban-quets
on a wide variety of topics including legis-lative
issues, ethics, law office management and
law practice tips.
NETWORKING
Leadership opportunities — Boards, commit-tees,
sections, and commissions are some of the
volunteer opportunities that offer career devel-opment
and ways to interact with other attor-neys
and judges. Members may volunteer to
serve on a committee at anytime during the year.
The link to sign up can be found at www.okbar.
org. Scroll down to find the “Get Involved” box
and click on “Join a committee.”
Annual Meeting — Participate in CLE pro-grams,
section and committee meetings, have a
voice in determining the OBA’s legislative pro-gram
and electing future state bar leaders, take
advantage of networking opportunities with
attorneys and judges from throughout the state.
The 2012 Annual Meeting will be Nov. 14-16 at
the Sheraton Hotel in Oklahoma City.
Solo & Small Firm Conference/YLD Midyear
Meeting — Lawyers have the opportunity to get
to know one another and to take advantage of a
CLE seminar in a relaxed family setting. Watch
for details to be announced soon.
OTHER SERVICES
Direct dial and 24-hour messaging to OBA staff
members — Bypass waiting for the OBA recep-tionist
to answer your call by dialing a staff
person or department directly, a list of phone
numbers is published in the Oklahoma Bar Jour-nal
next to the events calendar, leave a voice
message anytime (nights and weekends too).
After-hour calls to the general phone numbers
405-416-7000 or 800-522-8065 are automated and
will list department extension numbers to punch
in if you don’t know the direct phone number.
Video conferencing — Available at the Tulsa
County Bar Center and OSU Tulsa so that com-mittee
and section members can join in on meet-ings
without traveling to Oklahoma City.
Legislative services — The OBA’s executive
director works for adoption of legislative issues
approved by the House of Delegates, and the
Legislative Monitoring Committee provides a
periodic legislative report highlighting the sta-tus
of selected bills during the session. The
report is published in the Oklahoma Bar Journal
and on the website while the Legislature is in
session.
Meeting rooms at Bar Center — Many size
rooms to choose from to accommodate small
and large group meetings, client conferences
and depositions. Free to members during week-day
business hours, nominal fee for evenings.
Toll-free phone number — In-state OBA mem-bers
who live outside the Oklahoma City metro
calling area can place free calls to the Oklahoma
Bar Center by dialing 800-522-8065, which con-nects
you to our receptionist (a real, live person
120 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
— not a machine) to direct your call to the prop-er
person or department.
OPTIONAL MEMBER PURCHASE
Oklahoma Legal Directory — Official directory
of OBA members with addresses and phone
numbers, roster alphabetical and by county,
includes guide to county, state and federal offic-es
plus departments of the U.S. and Oklahoma
government, complete digest of courts, profes-sional
associations including OBA officers, com-mittees
and sections. Published by Legal Direc-tories
Publishing Co. in both hard bound and
electronic editions; $60 + shipping and sales tax.
Call 800-447-5375 ext. 2 to request order form or
go to www.legaldirectories.com.
Title Examination Standards — Contains all the
presently effective Oklahoma Title Examination
Standards and reflects all revisions, produced by
the OBA Real Property Law Section, $5 per copy,
free to section members. The 2012 Title Examina-tion
Standards are expected to arrive at the bar
center in February. To be mailed a copy, email
Wanda Reece-Murray for the exact shipping cost
at wandar@okbar.org.
OBA-sponsored insurance programs — Keep
rates low through group buying power. For
information about OBA programs for life, health
(employer-group and individual), individual
disability, personal umbrella liability, long-term
care and other insurance plans, contact Beale Pro-fessional
Services 405-521-1600, 800-530-4863;
www.bealepro.com. For professional liability,
Oklahoma Attorneys Mutual Insurance Co. is the
only insurer owned by OBA members, 405-471-
5380, 800-318-7505; www.oamic.com. They also
offer a broad range of court bonds with more
information at oklahoma.onlinecourtbonds.com.
ABA Retirement Funds — The ABA Retirement
Funds program is designed to provide unique,
full service 401(k) plans to the legal community,
and ABA membership is not required. It was cre-ated
over 45 years ago by the American Bar
Association. By leveraging the size of the ABA
Retirement Funds Program which brings togeth-er
nearly 4,000 firms, the program offers a fund
lineup and services traditionally only available
to the largest corporate plans. These services are
offered at no out-of-pocket expense to law firms
of all sizes with institutionally priced funds for
their participants. Couple these benefits with
the oversight that the ABA Retirement Funds
Board provides over the entire program and
you have a retirement solution that may enable
firms to hire and retain quality employees,
control expenses and assist them with their
fiduciary responsibilities. Contact a program
representative at 800-826-8901 for a program
prospectus or visit www.abaretirement.com for
more information.
MEMBER DISCOUNTS
FedEx Shipping Services — Members are eligi-ble
to receive valuable discounts of up to 26
percent on select FedEx® shipping services.
There are no costs and no minimum shipping
requirements to take advantage of this great new
member benefit. OBA members can save:
• Up to 26 percent on FedEx Priority Overnight®
and FedEx Standard Overnight® envelopes.
• Up to 20 percent on FedEx Priority Overnight,
FedEx Standard Overnight, FedEx 2Day® and
FedEx Express Saver® paks and packages, and
FedEx International Priority® and FedEx
International Economy® shipments.
• Up to 12 percent on FedEx Ground® and
FedEx Home Delivery® shipments, depend-ing
on the weight of the package.
• Up to 70 percent on FedEx Freight® and FedEx
National LTLSM services.
For more information or to enroll, please go
to www.1800members.com/new/oba or call
1-800-MEMBERS 7 a.m. – 5 p.m. CST, M-F.
Vol. 83 ��� No. 2 — 1/14/2012 The Oklahoma Bar Journal 121
Colcord Hotel — A boutique hotel near Brick-town
in downtown Oklahoma City, the Colcord
Hotel offers OBA members a discounted rate of
$133 per night for a deluxe king or deluxe dou-ble
double room. Call the hotel at (866) 781-3800
to make your reservation and mention that you
are an OBA member for the special discount or
make your reservation online utilizing the cor-porate
rate: access code is OKLBar.
LawPay Merchant Account — Credit card pro-cessing
designed for attorneys that safeguards
and separates client funds into trust and operat-ing
accounts. Credit cards attract clients, win
business, improve cash flow and reduce collec-tions.
To learn more call 866-376-0950 or visit
www.affiniscape.com/oklahomabar.
LawWare — Bar members may subscribe to the
document assembly, document management
and client management software program at a
discounted group rate. Created by Oklahoma
attorneys in 1991, LawWare streamlines the pro-cess
of organizing and generating legal forms
and related documents for law offices of any
size. With the OBA endorsement, members may
subscribe to LawWare at a discounted rate of $49
per month for the first copy and $10 per month
for each additional office copy. To inquire about
LawWare or to order a subscription, call 866-
LAW-WARE or visit www.LawWare.com.
Online Data Backup & Recovery — CoreVault
offers bar members data backup and recovery
services at a discounted rate. The service is auto-mated
and centrally managed to help law firms
protect their data. It provides daily offsite protec-tion,
fast restores, encrypted data and customer
service. In addition, CoreVault’s two private
data centers are geographically separated and
possess redundant systems. Don’t worry
about losing your data and not being able to
restore it due to virus, hard drive crash, acci-dental
deleting of data, natural disaster, flood
and the many other ways that could cause
you to lose your data. To sign up or get more
information, visit www.corevault.net/oba or
call 888-265-5818.
International Travel — Go Next has been in
business for 38 years. They provide high quality,
recreational travel to destinations around the
globe. Group rates on trips are available to you,
your family and your friends. All trips include
airfare from either Oklahoma City or Tulsa,
accommodations, transfers, breakfast buffet and
other amenities. See highlights of the current
trip offerings at www.GoNext.com. Call Go
Next toll-free at 800-842-9023 for more informa-tion
and/or reservations.
WESTLAW discounts — West Publishing Corp.
offers OBA members a variety of discounts on its
products and services, members receive Oklaho-ma’s
jurisdictional CD-ROM libraries with the
first billable monthly subscription charge
waived. For information on other offers avail-able
call (800) 762-5272.
WordPerfect Licensing Program — The OBA
has signed on to Corel Corporation’s bar asso-ciation
licensing program, allowing OBA
members to purchase licenses of the award-winning
WordPerfect® Office Suite at substan-tially
reduced prices. To place an order, go to
www.corel.com/barassociation.
122 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 123
124 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
ALTERNATIVE DISPUTE RESOLUTION
SECTION
D. Michael O’Neil Jr., Co-Chairperson (OKC)
210 Park Ave., Suite 700
Oklahoma City, OK 73102
405-232-2020
Michael@christensenlawgroup.com
Michael A. Simpson, Co-Chairperson (Tulsa)
Atkinson, Haskins, Nellis, Brittingham, Gladd
& Carwile
1500 ParkCentre
525 S. Main
Tulsa, OK 74103-4524
918-582-8877 (x4224)
msimpson@ahn-law.com
Andrea Braeutigam, Treasurer
2017 N.W. 47th St.
Oklahoma City, OK 73118
405-640-2819
Andrea.braeutigam@ag.ok.gov
Robert J. Carlson, Co-Secretary
1100 OneOk Plaza
100 W. 5th St.
Tulsa, OK 74103-4217
918-595-4873
rcarlson@gablelaw.com
Justin Munn, Co-Secretary
Smakal, Munn & Mathis
320 S. Boston Ave., Suite 718
Tulsa, OK 74103
918-582-3400
jmunn@smakalmunnmathis.com
APPELLATE PRACTICE SECTION
Greg Eddington, Chairperson
1004 N.W. 39th St.
Oklahoma City, OK 73118
405-208-5973
gregeddington@gmail.com
OBA Sections
Meet Your
Bar Association
Want a way to network with other attorneys in your
practice area from across the state? The OBA supports
24 substantive law sections that offer professional
development and interaction. Experience professional growth
by learning from colleagues in your practice area and develop
new contacts, benefits vary by section with a growing number
of sections holding midyear or quarterly meetings that offer free
or discount CLE to section members, some sections publish
member newsletters. The following is a list of those who are
leading the sections in 2012.
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 125
Collin R. Walke, Chairperson-Elect
101 Park Ave., Suite 800
Oklahoma City, OK 73102
405-235-1333
cwalke@kirkandchaney.com
Mark T. Koss, Treasurer
P.O. Box 720804
Oklahoma City, OK 73172-0804
405-720-6868
Mark-okc@msn.com
Allison Thompson, Secretary
1915 N. Stiles, Suite 357
Oklahoma City, OK 73105
405-522-1564
Allison.thompson@oscn.net
BANKRUPTCY AND REORGANIZATION
SECTION
Layla J. Dougherty, Chairperson
Mock, Schwabe, Waldo, Elder Reeves
& Bryant PLLC
Two Leadership Square
211 N. Robinson, 14th Floor
Oklahoma City, OK 73102
405-348-2445
ldougherty@mswerb.com
E. Therese Buthod, Chairperson-Elect
111 W. 4th St.
P.O. Box 1347
Okmulgee, OK 74447-1347
918-549-7221
Therese_buthod@okeb.uscourts.gov
John B. Jarboe, Secretary/Treasurer
Jarboe & Stoermer
401 S. Boston, Suite 1810
Tulsa, OK 74103-4018
918-582-6131
jjarboe@jarboelaw.com
BUSINESS AND CORPORATE LAW
SECTION
Mark Schell, Chairperson
Unit Corporation
P.O. Box 702500
Tulsa, OK 74170-2500
918-493-7700
Mark.schell@unitcorp.com
CRIMINAL LAW SECTION
Cindy Danner, Chairperson
Oklahoma Indigent Defense System
P.O. Box 926
Norman, OK 73070-0926
405-801-2727
Cindy.danner@oids.ok.gov
Charles S. Rogers, Chairperson-Elect
2816 W. 15th Ave.
Stillwater, OK 74074-1824
405-521-3921
Charles.rogers@oag.ok.gov
Virginia Sanders, Secretary
Oklahoma Indigent Defense System
P.O. Box 926
Norman, OK 73070
405-801-2727
virginia.sanders@oids.ok.gov
Russ Cochran, Treasurer
7301 Deerberry Lane
Oklahoma City, OK 73150
russ.cochran@dac.state.ok.us
Doug Drummond, Publications
Tulsa County District Attorney’s Office
500 S. Denver Ave.
Tulsa, OK 74105
918-596-4865
ddrummond@tulsacounty.org
Mike Wilds, Publications
Criminal Justice Professor & Attorney at Law
3100 E. New Orleans St., D-230
Broken Arrow, OK 74014
918-449-6532
wilds@nsuok.edu
Ben Brown, CLE Planning
Oklahoma County Public Defender’s Office
5905 Classen Court
Oklahoma City, OK 73118
405-713-6770
bbrown2@oklahomacounty.org
126 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
ENERGY AND NATURAL RESOURCES
LAW SECTION
Pamela S. Anderson, Chairperson
Hall Estill
320 S. Boston Ave., Suite 200
Tulsa, OK 74103-3704
918-594-0448
panderson@hallestill.com
Lisa Silvestri, Chairperson-Elect
GableGotwals
1100 Oneok Plaza
100 W. 5th St.
Tulsa, OK 74103-4217
918-595-4800
lsilvestri@gablelaw.com
Brad Gungoll, Secretary/Treasurer
Gungoll Jackson
3030 Chase Tower
100 N. Broadway
Oklahoma City, OK 73102
405-272-4710
Gungoll@gungolljackson.com
Eric Huddleston, Budget Director
Elias, Books, Brown & Nelson
Two Leadership Square
211 N. Robinson Ave., Suite 1300
Oklahoma City, OK 73102
405-232-3722
ehuddleston@eliasbooks.com
L. Vance Brown, Immediate Past Chairperson
Elias, Books, Brown & Nelson
Two Leadership Square
211 N. Robinson, Suite 1300
Oklahoma City, OK 73102-7114
405-232-3722
vbrown@eliasbooks.com
ENVIRONMENTAL LAW SECTION
Michael C. Wofford, Chairperson
Doerner, Saunders, Daniel & Anderson
201 Robert S. Kerr Ave., Suite 700
Oklahoma City, OK 73102-4203
405-319-3504
mwofford@dsda.com
Jeri R. Fleming, Chairperson-Elect
5508 E. 32nd Ave.
Stillwater, OK 74074
405-744-9994
Jeri.fleming@okstate.edu
Laura J. Finley, Secretary
5801 N.W. 86th St.
Oklahoma City, OK 73132
405-249-0517
laurajfinley@hotmail.com
Betsey Streuli, Treasurer
Oklahoma Dept. of Environmental Quality
P.O. Box 1677
Oklahoma City, OK 73101
405-702-7189
Betsey.streuli@deq.ok.gov
ESTATE PLANNING, PROBATE AND
TRUST SECTION
Gale Allison, Chairperson
The Allison Firm
P.O. Box 700116
Tulsa, OK 74170
918-492-4500
gallison@theallisonfirm.com
Kara M. Greuel, Chairperson-Elect
Curzon, Cumbey & Junkel PLLC
5100 E. Skelly Drive, Suite 1040
Tulsa, OK 74135
918-491-4036
kara@cckcpa.com
Keith Peters, Secretary
Two Leadership Square
211 N. Robinson, 10th Floor
Oklahoma City, OK 73102
405-471-6106
Keith.peters@mcafeetaft.com
Donna J. Jackson, Treasurer
2812 N.W. 57th St., Suite 104
Oklahoma City, OK 73112
405-840-1874
donnajacksonlaw@aol.com
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 127
Kendra M. Robben, Co-Mid-Year Meeting
Coordinator
Robben & Associates LLC
2932 N.W. 44th St.
Oklahoma City, OK 73112-6005
405-496-2607
Kendra@robbenlaw.com
Brian Hill, Co-Mid-Year Meeting Coordinator
Heritage Trust Co.
2802 W. Country Club Drive
Oklahoma City, OK 73116
405-848-8899
brian@heritagetrust.com
Michelle Nelson, Legislative Liaison
2112 East 15th St.
P.O. Box 472142
Tulsa, OK 74147-2142
918-398-7526
mnelsonok@prodigy.net
FAMILY LAW SECTION
Tamera A. Childers, Chairperson
3800 First Place Tower
15 E. 5th St.
Tulsa, OK 74103-4309
918-581-8200
tchilders@jonesgotcher.com
Ron Little, Chairperson-Elect
Two W. 2nd St., Suite 700
Tulsa, OK 74103-3117
918-582-1211
rlittle@dsda.com
Heather Flynn Earnhart, Secretary
320 S. Boston, Suite 200
Tulsa, OK 74103
918-594-0400
hearnhart@hallestill.com
Kimberly K. Hays, Budget Officer/Treasurer
248 W. 16th St.
Tulsa, OK 74119
918-592-2800
kimberlyhayslaw@aol.com
Ron Little, CLE Chair
Two W. 2nd St., Suite 700
Tulsa, OK 74103-3117
918-582-1211
rlittle@dsda.com
David A. Tracy, Awards & Nominations
1701 S. Boston Ave.
Tulsa, OK 74119
918-582-8000
David.tracy@nwtlaw.com
Virginia Henson, Practice Manual Co-Editor
(aka Technology)
314 E. Comanche, Suite 102
P.O. Box 1243
Norman, OK 74070-1243
405-310-3956
Virginia@phmlaw.net
Jon R. Ford, Practice Manual Co-Editor
(aka Technology)
One Grand Center
201 N. Grand, Suite 400
Enid, OK 73701-4341
580-234-0253
jon@jfordlaw.com
Phillip J. Tucker, Practice Manual Co-Editor
(aka Technology)
P.O. Box 601
Edmond, OK 73083
405-348-1789
pjtlaw@juno.com
David Tracy, Practice Manual Co-Editor
(aka Technology)
1701 S. Boston Ave.
Tulsa, OK 74119
918-582-8000
David.tracy@nwtlaw.com
Ron Little, Practice Manual Co-Editor
(aka Technology)
Two W. 2nd St., Suite 700
Tulsa, OK 74103-3117
918-582-1211
rlittle@dsda.com
Brad Cunningham, Membership Chair
320 S. Boston, Suite 725
Tulsa, OK 74103
918-779-3800
bcunningham@cordelllaw.com
128 The Oklahoma Bar Journal Vol. 83 �� No. 2 — 1/14/2012
Noel K. Tucker, Legislative Co-Chair
P.O. Box 601
Edmond, OK 73083-0601
405-348-1789
pntucker@juno.com
Phillip J. Tucker, Legislative Co-Chair
P.O. Box 601
Edmond, OK 73083
405-348-1789
pjtlaw@juno.com
Rees T. Evans, Historian
501 N.W. 13th St.
Oklahoma City, OK 73103-2203
405-232-4311
Rees.evans@sbcglobal.net
William G. LaSorsa, Bylaws Chairperson
15 E. 5th St., Suite 3800
Tulsa, OK 74103-4309
918-581-8200
blasorsa@jonesgivens.com
Keith Jones, Social Co-Chair
5801 E. 41st St., Suite 300
Tulsa, OK 74135-5628
918-770-4890
kajoneslaw@gmail.com
LeAnne McGill, Social Co-Chair
3839 S. Boulevard, Suite 150
Edmond, OK 73013
405-285-8048
leanne@mcgillrodgers.com
Donelle Ratheal, Trial Advocacy Institute
Committee Chairperson
4045 N.W. 64th St., Suite 210
Oklahoma City, OK 73116
405-842-6342
donnelle@rathealpc.com
Noel K. Tucker, Policies/Procedures Manual
P.O. Box 601
Edmond, OK 73083-0601
405-348-1789
pntucker@juno.com
Noel K. Tucker, Publications/Journal
P.O. Box 601
Edmond, OK 73083-0601
405-348-1789
pntucker@juno.com
Virginia Henson, Publications/Journal
314 E. Comanche, Suite 102
P.O. Box 1243
Norman, OK 74070-1243
405-310-3956
Virginia@phmlaw.net
Judge Mary Fitzgerald (Tulsa), Judicial Liaison
Co-Chair
2729 E. 22nd St.
Tulsa, OK 74114
918-596-5000
Mary.fitzgerald@oscn.net
Judge Barry Hafar (OKC), Judicial Liaison
Co-Chair
10451 Stone Gate Drive
Arcadia, OK 73007
405-713-1166
Barry.hafar@oscn.net
Noel K. Tucker, ABA Liaison
P.O. Box 601
Edmond, OK 73083-0601
405-348-1789
pntucker@juno.com
Kimberly K. Hays, Immediate Past
Chairperson
248 West 16th St.
Tulsa, OK 74119
918-592-2800
918-592-4143 (fax)
Kimberlyhayslaw@aol.com
FINANCIAL INSTITUTIONS AND
COMMERCIAL LAW SECTION
J. Mark Lovelace, Chairperson
Phillips Murrah PC
Corporate Tower, 13th Floor
101 N. Robinson Ave.
Oklahoma City, OK 73102
405-235-4100
jmlovelace@phillipsmurrah.com
TBA, Vice Chairperson
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 129
Brian W. Pierson, Secretary/Treasurer
BancFirst
P.O. Box 26788
Oklahoma City, OK 73126
405-270-4791
bpierson@bancfirst.com
Robert T. Luttrell III, Program Coordinator
McAfee & Taft
Two Leadership Square, 10th Floor
211 N. Robinson
Oklahoma City, OK 73102-7103
405-552-2291
bob.luttrell@mcafeetaft.com
Mike Rubenstein, List Serve Liaison
Rubenstein, McCormick & Pitts PLLC
1503 E. 19th St.
Edmond, OK 73013
405-340-1900
mrubenstein@oklawpartners.com
GENERAL PRACTICE-SOLO AND
SMALL FIRM SECTION
James A. Slayton, Interim Chairperson
4808 Classen Blvd.
Oklahoma City, OK 73118
405-848-9898
slaytonlaw@aol.com
GOVERNMENT AND ADMINISTRATIVE
LAW PRACTICE SECTION
Tamar Graham Scott, Chairperson
200 N.E. 21st St.
Oklahoma City, OK 73105
405-521-2635
tscott@odot.org
Gary Payne, Chairperson-Elect
2328 N.W. 118th St.
Oklahoma City, OK 73120
405-271-12669
gpaynelaw@aol.com
Scott Boughton, Treasurer/Budget Officer
3545 N.W. 58th St., Suite 1000
Oklahoma City, OK 73112-4712
405-717-8957
sboughton@sib.ok.gov
HEALTH LAW SECTION
Beau Patterson, Chairperson
Two Leadership Square, 10th Floor
211 N. Robinson Ave.
Oklahoma City, OK 73102
405-552-2276
beau.patterson@mcafeetaft.com
Cori Loomis, Vice Chairperson
20 N. Broadway, Suite 1800
Oklahoma City, OK 73102-8273
405-234-3238
cori.loomis@crowedunlevy.com
Elizabeth Tyrrell, Secretary
Two Leadership Square, 10th Floor
211 N. Robinson Ave.
Oklahoma City, OK 73102
405-235-9621
Elizabeth.tyrrell@mcafeetaft.com
Karen Rieger, Budget Officer
20 N. Broadway, Suite 1800
Oklahoma City, OK 73102
405-235-7788
riegerk@crowedunlevy.com
HOUSE COUNSEL SECTION
Brent Mills, Chairperson
P.O. Box 53036
Oklahoma City, OK 73152-3036
918-520-6886
bmills@crimsontech.edu
INDIAN LAW SECTION
Chrissi R. Nimmo, Chairperson
Assistant Attorney General
Cherokee Nation
P.O. Box 948
Tahlequah, OK 74465
918-458-6998
Chrissi-nimmo@cherokee.org
Brandy L. Shores, Chairperson-Elect
1800 S. Baltimore, Suite 500
Tulsa, OK 74119
918-382-7523
bshores@lswsl.com
130 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
Susan M. Arkeketa, Secretary
110 W. 32nd St.
Sand Springs, OK 74063
918-408-6444
sarkeketa@cs.com
Trisha Archer, Budget Officer
9242 S. Sheridan Road, Suite K
Tulsa, OLK 74133
918-619-9191
trisha@archer-law.com
INSURANCE LAW
Jon Starr, Chairperson
McGivern, Gilliard & Curthoys
P.O. Box 2619
Tulsa, OK 74101-2619
918-584-3391
jstarr@mcgivernlaw.com
Ryan C. Harper, Vice Chairperson
10441 S. Regal Blvd., Suite 200
Tulsa, OK 74133-7192
918-970-2000
rharper@lswsl.com
J.M. Scott Ryan, Treasurer
Taylor, Ryan, Schmidt & Van Dalsem PC
850 Boulder Towers
1437 S. Boulder Ave.
Tulsa, OK 74119
918-948-6958
sryan@trsvlaw.com
Susan L. Eads, Secretary
Angela D. Ailles & Associates
One Benham Place
9400 N. Broadway Ext., Suite 500
Oklahoma City, OK 73114
405-475-9707
Susan.eads.pldb@statefarm.com
INTELLECTUAL PROPERTY LAW
SECTION
Julianna G. Deligans, President
Hall, Estill, Hardwick, Gable,
Golden & Nelson PC
Chase Tower, Suite 2900
100 N. Broadway
Oklahoma City, OK 73102
405-553-2828
jdeligans@hallestill.com
Scott R. Zingerman, Vice President
Fellers, Snider, Blankenship, Bailey
& Tippens PC
321 S. Boston, Suite 800
Tulsa, OK 74103-3318
918-599-0621
szingerman@fellerssnider.com
Barbara Krebs Yuill, Secretary/Treasurer
Dunlap & Coding PC
1601 N.W. Expressway, Suite 1000
Oklahoma City, OK 73118
405-607-8600
byuill@dunlapcodding.com
David M. Sullivan, Director
Crowe & Dunlevy
20 N. Broadway, Suite 1800
Oklahoma City, OK 73102
405-235-7700
David.sullivan@crowedunlevy.com
Andrew B. Peterson, Director
McAfee & Taft
Two Leadership Square
211 N. Robinson Ave., 10th Floor
Oklahoma City, OK 73102-7103
405-235-9621
Andy.peterson@mcafeetaft.com
Sean V. O’Connell, Director-at-Large/
Immediate Past Chairperson
3212 Timberline Place
Edmond, OK 73013
405-229-9709
sean@oconnellpllc.com
LABOR AND EMPLOYMENT LAW
SECTION
Christine Cave, Chairperson
Employers Legal Resource Center
301 N.W. 63rd St., Suite 390
Oklahoma City, OK 73116
405-702-9797
ccave@okemployerlaw.com
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 131
Adam W. Childers, Vice Chairperson
Crowe & Dunlevy PC
20 N. Broadway, Suite 1800
Oklahoma City, OK 73102
405-235-7741
adam.childers@crowedunlevy.com
Nicole M. Longwell, Secretary
320 S. Boston Ave., Suite 700
Tulsa, OK 74103
918-382-9200
nlongwell@mlak-law.com
Amber L. Hurst, Treasurer
Hammons, Gowens, Hurst & Assoc.
325 Dean A. McGee Ave.
Oklahoma City, OK 73102
405-235-6100
amberh@hammonslaw.com
LAW OFFICE MANAGEMENT AND
TECHNOLOGY SECTION
Phil Tucker, Chairperson
P.O. Box 601
Edmond, OK 73083
405-348-1789
pjtlaw@juno.com
LITIGATION SECTION
Renée DeMoss, Chairperson
100 W. 5th St., Suite 1100
Tulsa, OK 74103-4217
918-595-4800
rdemoss@gablelaw.com
Larry Lipe, Vice Chairperson
4000 One Williams Center
Tulsa, OK 74172-0148
918-586-8512
llipe@cwlaw.com
MILITARY AND VETERANS LAW
SECTION
Robert Donald Gifford II, Chairperson
210 Park Ave., Suite 400
Oklahoma City, OK 73102
405-553-8736
Robert.gifford@us.army.mil
REAL PROPERTY LAW SECTION
Scott W. Byrd, Chairperson
Riggs, Abney, Neal, Turpen, Orbison & Lewis
3726 E. 43rd St.
Tulsa, OK 74135
918-587-9762
Swbyrd42@hotmail.com
Jeff Noble, Chairperson-Elect
4040 N. Tulsa
Oklahoma City, OK 73112
405-942-4848
jnoble@oldrepublictitle.com
Christopher J. Smith, Budget Officer
1000 W. Wilshire, Suite 428
405-919-6876
Chris.smith.ok@gmail.com
Rebecca Sherwood, Secretary
American Eagle Title
7306 S. Lewis, Suite 105
Tulsa, OK 74136
918-894-4150
rsherwood@ameagletitle.com
Lucas J. Munson, Member at Large
247 N. Broadway
Edmond, OK 73034
405-513-7707
lmunson@munsonfirm.com
Matt Winton, Member-at-Large
Vaughn & Winton PLLC
3233 E. Memorial Road, Suite 103
Edmond, OK 73013
405-478-4818
mlw@vaughnandwinton.com
Kraettli Epperson, Title Examination
Standards Committee Chairperson
50 Penn Place
1900 N.W. Expressway, Suite 1400
Oklahoma City, OK 73118
405-848-9100
kqelaw@aol.com
132 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
Jason Soper, Legislative Liaison
Committee Chairperson
P.O. Box 1292
Oklahoma City, OK 73101
405-415-1503
jsoper@firstam.com
John B. Wimbish, Title Examination Standards
Handbook Editor-in-Chief
5314 S. Yale, Suite 200
Tulsa, OK 74135
918-494-3770
jwimbish@riddlewimbish.com
TAXATION LAW SECTION
W. Todd Holman, Chairperson
1257 W. 112th St. S.
Jenks, OK 74037
918-599-7755
tholman@barberbartz.com
Alan G. Holloway, Vice Chairperson
Two Leadership Square
211 N. Robinson, 10th Floor
Oklahoma City, OK 73102-7109
405-552-2344
alan.holloway@mcafeetaft.com
Charlotte Abigail Dillsaver, Secretary
Oklahoma Tax Commission
120 N. Robinson, Suite 2000W
Oklahoma City, OK 73102-7471
405-319-8550
adillsaver@oktax.state.ok.us
Ralph “Ted” Blodgett, Treasurer
629 24th Ave. S.W.
Norman, OK 73069
405-360-5533
tedb@cpagray.com
Kurt M. Schneiter, Member-at-Large (West)
2200 Classen Blvd., No. 3123
Norman, OK 73071
405-833-4595
kurt@schneiterlaw.com
Kenneth L. Hunt, Member-at-Large (East)
320 S. Boston Ave., Suite 200
Tulsa, OK 74103-3708
918-594-0420
khunt@hallestill.com
Julie M. Holmes Chapel, IRS Liaison
55 N. Robinson, Room 830
Oklahoma City, OK 73102
405-297-4823
Julie.m.chapel@irscounsel.treas.gov
Sheppard F. Miers Jr., OTC Liaison
100 W. 5th St., Suite 1100
Tulsa, OK 74103-4217
918-595-4800
smiers@gablelaw.com
WORKERS’ COMPENSATION SECTION
Jennifer E. Jackson, President
224 E. Main St.
Oklahoma City, OK 73104
405-418-2083
jackson@berryfirm.com
Molly Hanna Lawyer, President-Elect
825 S. Indianapolis Ave.
Tulsa, OK 74112
918-382-7523
mlawyer@lswsl.com
John Shears, Treasurer
210 Park Ave., Suite 700
Oklahoma City, OK 73102
405-232-2020
john@christensenlawgroup.com
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 133
RECENT AMENDMENTS TO THE ACT
The following amendments were made to
the Nontestamentary Transfer of Property Act
and went into effect Nov. 1, 2011.
Acceptance by the Grantee Beneficiary
One of the most significant changes to the
law addresses how a grantee beneficiary
accepts the property following the owner’s
death. A grantee beneficiary is required to file
a notarized affidavit with the county clerk’s
office where the property is located. The affi-davit
must verify the record owner’s death,
indicate whether or not the owner and the
grantee were married at the time of death, and
provide a legal description of the property.
Under the old version of the law, if the record
owner and grantee beneficiary were not mar-ried,
a death certificate and estate tax release
were required to be attached to the affidavit.
There was no time frame in which this affida-vit
had to be filed.3
The 2011 amendments eliminated the require-ment
of filing the estate tax release, but made a
death certificate mandatory for all grantee ben-eficiaries
regardless of marital relations with
the record owners. More importantly, the new
law requires that the affidavit be filed within
nine months of the record owner’s death. Fail-ure
to file the affidavit will cause the convey-ance
to lapse and the property will revert back
to the record owner’s estate.4
Disclaimer
Under the old statute, a grantee beneficiary
had nine months from the record owner’s
death to disclaim an interest in the property.
Furthermore, the law specifically authorized a
guardian or other legal representative to exe-cute
a disclaimer on behalf of a legally incom-petent
grantee beneficiary.5 Under the new law,
this disclaimer provision has been removed.
Presumably, a grantee beneficiary who wishes
to disclaim the property needs only to fail to
file the affidavit accepting the property.
Transfer-on-Death Deeds 2.0
Statutory Changes Answer Some Questions,
But Raise New Ones
By Catheryn Koss
SCHOLARLY ARTICLE
The Nontestamentary Transfer of Property Act,1 originally
enacted in 2008, allows owners of real property to execute
revocable deeds that take effect only upon the owners’
death. In March 2011, Dale L. Astle published an article in the
Oklahoma Bar Journal2 highlighting several problems with the law.
During the 2011 session, the Oklahoma Legislature addressed
many of the issues raised by Astle and passed significant amend-ments
to the statute. This article describes the recent changes and
discusses some new questions these amendments raise.
134 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
Spousal Rights
The original Nontestamentary Transfer of
Property Act was silent on the issue of how an
interest in property conveyed by a TOD deed
would be affected by the spousal rights of the
record owner’s surviving husband or wife. The
amended statute states that, at least in cases
when the record owner married after executing
the TOD deed, the grantee beneficiary takes an
interest in the real estate free of any spousal
claims under Title 84 O.S. §44.6
Joint Tenancy in Grantee Beneficiaries
Under the old law, if a grantee beneficiary
died prior to the record owner, the transfer
would lapse unless an alternative grantee ben-eficiary
was named in the TOD deed.7 The
statute did not address the effect of the death of
one grantee beneficiary when the TOD deed
conveyed the property to multiple beneficia-ries
as joint tenants with rights of survivorship.
The amended statute now clarifies that if a
TOD deed designates grantee beneficiaries as
joint tenants with right of survivorship, the
joint tenancy is not invalidated if one or more
of the beneficiaries predeceases the record
owner.8
NEW QUESTIONS
While the recent amendments to the Nontes-tamentary
Transfer of Property Act resolve
several important issues, they raise quite a few
new ones. In particular, the requirement that
grantee beneficiaries file an affidavit accepting
the real property within nine months of the
record owner’s death is fraught with potential
problems, a few of which are discussed below.
Multiple Grantee Beneficiaries
The requirement of filing an affidavit accept-ing
the property within nine months of the
record owner’s death raises several possible
problems in situations where there are either
multiple grantee beneficiaries or one grantee
beneficiary and an alternate beneficiary.
What would happen if the primary grantee
beneficiary does not timely file an affidavit but
there is an alternate beneficiary named? For
example, Joe Smith is named as grantee benefi-ciary,
with Sue Jones as alternate beneficiary. Joe
Smith has nine months to file an affidavit claim-ing
the property, but fails to do so. The revised
statute does not give the alternate beneficiary
any additional time to file an affidavit before the
property reverts to the estate of the deceased
owner of record. Could the alternate grantee
beneficiary file an affidavit accepting the prop-erty
in the event the first grantee beneficiary
fails to accept the property? Could the primary
grantee beneficiary file a disclaimer (even though
the language regarding how to disclaim has
been revoked), giving the alternate grantee ben-eficiary
an opportunity to accept?
Likewise, in the case of multiple grantee ben-eficiaries,
how would failure of one or more
beneficiaries to file the affidavit accepting the
property affect the interests of those who do?
Would the grantee beneficiary who fails to file
be treated as having predeceased the record
owner, thus allowing the share (at least when
the grantee beneficiaries are joint tenants with
right of survivorship) to pass the other grantee
beneficiaries? Or, would the unclaimed share
Under the old law, if a
grantee beneficiary died prior to
the record owner, the transfer
would lapse unless an alternative
grantee beneficiary was named in
the TOD deed.
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 135
of the property revert back to the record own-er’s
estate?
Failure to File the Affidavit as de facto Disclaimer
It would appear that a grantee beneficiary
who fails to timely file an affidavit accepting the
property is by default disclaiming his or her
interest in the property. Unlike an affirmative
disclaimer, it is unclear when the disclaimer
would take effect. In situations when disclaiming
an interest in property would be treated as a gift
— such as for persons receiving or who will
receive assistance through the Medicaid (Sooner-
Care) program — when a grantee beneficiary is
deemed to have an interest in the property and
when failure to claim that interest is treated as
a disclaimer could have significant conse-quences,
including disqualification from public
benefits.
Incapacitated or Deceased Beneficiaries
A provision in the original statute, now
revoked, specifically authorized a guardian or
other representative to execute a disclaimer on
behalf of a legally incompetent grantee benefi-ciary.
9 The 2011 version of the statute is silent
on the issue of whether or not a legal represen-tative
of a grantee beneficiary may execute the
affidavit necessary to accept the property.
To the extent that executing and filing an affi-davit
may be characterized as collecting a debt
owed to the ward under 30 O.S. §4-702 of the
Oklahoma Guardianship and Conservatorship
Act, the statute could be interpreted to authorize
a guardian to execute the affidavit claiming the
property on behalf of an incapacitated grantee
beneficiary without a court order.
With regard to agents acting under durable
powers of attorney, a Durable Power of Attor-ney
executed pursuant to the Uniform Dura-ble
Power of Attorney Act may grant to the
attorney-in-fact limited or complete authority
with respect to the principal’s real property.10
To avoid potential legal challenges, it may be
advisable to expressly include the authority to
execute the required affidavit.
Likewise, the Uniform Statutory Form Power
of Attorney Act authorizes an attorney-in-fact,
acting under a statutory power of attorney that
includes estate, trust and other beneficiary
transactional powers, “to act for the principal
in all matters that affect a trust, probate estate…
or other fund from which the principal is, may
become, or claims to be entitled, as a benefi-ciary,
to a share or payment.”11 The act also
authorizes an agent who is granted power with
respect to real property to accept or reject an
interest in real property on behalf of the princi-pal.
12 If the affidavit is signed by an attorney-in-
fact on behalf of a grantee beneficiary, the
Durable Power of Attorney should be filed in
the county clerk’s office where the property is
located.13
A related question is whether a legal repre-sentative
may decide on behalf of a ward not to
file an affidavit accepting the property (in
effect disclaiming the interest). A guardian act-ing
pursuant to 30 O.S. §4-702 may discharge
debts owed to the ward, but only with court
approval. To the extent failure to file the affida-vit
is treated as a discharge of a debt, it may be
necessary for a guardian to seek the court’s
approval to refrain from filing an affidavit
claiming the property.14
However, 60 O.S. §752 authorizes a guardian
or other legal representative to disclaim interest
in property on behalf of a minor or incapacitated
person with or without a court order if the
guardian determines such an act would be in the
best interest of and not detrimental to the benefi-ciary.
Therefore, to the extent failure to file an
affidavit is analogous to a disclaimer, a guardian
may be authorized to refrain from accepting the
property without a court order. The sections
relating to powers of attorneys-in-fact under
Titles 15 and 58, discussed above, would also
apply to any rejection of interest in real property
accomplished on behalf of a principal.
The statute also does not address whether
the nine-month period for filing an affidavit is
tolled in the event the grantee beneficiary is
incapacitated or otherwise under a legal impair-ment.
Nor does it address whether the legal
representative can file an affidavit accepting
the property on behalf of the estate of a grantee
beneficiary who is living at the time of the
record owner’s death but dies prior to filing
the affidavit.
CONCLUSION
The Nontestamentary Transfer of Property
Act provides an excellent and much-needed
means by which property owners, particularly
low and middle income people, can pass on
their estate without the costs and delays of
probate. However, because of the new require-ment
that grantee beneficiaries affirmatively
accept the property within nine months of the
136 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
record owner’s death, there is potential for
confusion and unintended consequences.
1. 58 O.S. §1251, et seq.
2. Astle, Dale L. “Transfer-on-Death Deeds in Oklahoma.” The
Oklahoma Bar Journal, Vol 82, No. 8 (March 12, 2011).
3. 58 O.S. §1255.
4. 58 O.S. §1252 (effective Nov. 1, 2011).
5. 58 O.S. §1254(D).
6. 58 O.S. §1255(A) (effective Nov. 1, 2011).
7. 58 O.S. §1255(C).
8. 58 O.S. §1255(B) (effective Nov. 1, 2011).
9. 58 O.S. §1254(D).
10. 58 O.S. §1072.1.
11. 15 O.S. §1013.
12. 15 O.S. §1006; 15 O.S. §1012 also authorizes an attorney-in-fact
who is granted authority over insurance and annuity transactions to
designate or change a beneficiary under an insurance contract. However,
the agent may only designate himself as a beneficiary if he was already
designated a beneficiary under a contract executed by the principal prior
to the execution of the durable power of attorney. It is likely that an agent
who designates himself as grantee beneficiary would likely be breaching
his fiduciary duty by engaging in self-dealing.
13. Title Examination Standard 6 §6.7.
14. 30 O.S. §4-702.
Catheryn Koss is the execu-tive
director of the Senior Law
Resource Center, a nonprofit
organization providing legal
information and services to
elders and caregivers. She also
teaches elder law and wills,
trusts and estates as an adjunct
professor at Oklahoma City
University School of Law. In addition to a J.D. from
OCU, she has an undergraduate degree in anthro-pology
from Smith College and a master’s degree in
adult education-gerontology from the University of
Central Oklahoma.
About The Author
INVESTIGATOR
OFFICE OF THE GENERAL COUNSEL
OKLAHOMA BAR ASSOCIATION
Applications are now being accepted for an entry level position as an Investigator for the
Office of the General Counsel, Oklahoma Bar Association. The investigators review
allegations against members of the bar which may involve violations of the rules of
professional conduct. Duties include interviewing witnesses, reviewing legal documents
and financial statements, preparing reports, and testifying at disciplinary and
reinstatement hearings before the Professional Responsibility Tribunal. Applicants
should have a degree from an accredited university or comparable work experience,
possess excellent writing skills and be able to work independently. Some travel may be
required. Law enforcement, accounting, legal or investigative experience strongly
preferred. Salary negotiable, depending upon credentials and experience. Excellent
benefits including retirement, health and life insurance. Resumes and cover letters
Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152 or electronically
to ginah@okbar.org.
THE OKLAHOMA BAR ASSOCIATION IS AN EQUAL OPPORTUNITY EMPLOYER
should be submitted by January 31, 2012 to Gina L. Hendryx, General Counsel,
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 137
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138 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012
The National Conference of Commissioners
on Uniform State Laws promulgated the Uni-form
Arbitration Act (UAA) in 1955. The UAA
was adopted in Oklahoma in 1978.3
Due to the increased use and growing com-plexity
of arbitration in the last half of the 20th
century, the national conference appointed a
drafting committee to consider revising the
UAA. The drafting committee’s work resulted in
the national conference adopting the Revised
Uniform Arbitration Act in 2000. In 2005 Okla-homa
adopted the revised act and codified it at
12 Okla.Stat. §§1852-1881 (ORUAA). At the same
time Oklahoma repealed the UAA it had adopt-ed
in 1978. The ORUAA now governs an agree-ment
to arbitrate without regard to whether the
arbitration agreement was made before or after
the effective date of the ORUAA.4
If interstate commerce, is involved it is pos-sible
that an arbitration agreement will be sub-ject
to the FAA. There are two exceptions: First,
where interstate commerce is deemed insuffi-cient
to engage the FAA;5 Second, where the
parties have expressly provided in the arbitra-tion
agreement that the arbitration will be con-ducted
under state law. In the second instance,
state law principles will trump the preemptive
effect of the FAA, so long as those principles do
not conflict with the FAA’s prime directive that
agreements to arbitrate be enforced.6 With this
background considered, this article will note
some of the important sections of ORUAA and
decisions that have been decided following its
enactment.
THE ARBITRAT ION AGREMENT
Arbitration arises from the agreement of the
parties to submit to private dispute resolution.
Courts will not require arbitration when the
parties have not agreed to it because “arbitra-tion
is a matter of consent, not coercion.”7 To
assure that the parties have consented to arbi-tration,
the court decides 1) whether a valid
enforceable arbitration agreement exists, 2)
whether the parties are bound by the arbitra-tion
agreement and 3) whether the parties
agreed to submit the particular dispute to arbi-tration.
8 State contract law applies in determin-ing
whether parties have agreed to arbitrate.9
When Oklahoma adopted the UAA in 1978,
commerce was mostly conducted through
paper transactions. Arbitration agreements
were required to be “written” to be enforce-able.
ORUAA §1857A now requires the arbitra-tion
agreement to be contained in a “record”
which §1852(6) defines as not only a written
document in a tangible medium, but also
“information … that is stored in an electronic
or other medium and is retrievable in perceiv-able
form.” This change accommodates the
Oklahoma’s Revised
Arbitration Act
By Ronald Ricketts
SCHOLARLY ARTICLE
At common law, arbitration was not accepted as an appro-priate
method to resolve disputes.1 Congress enacted the
Federal Arbitration Act (FAA) in 1925 and that marked
the beginning of a change in the attitude toward arbitration.
Today, both federal and Oklahoma law reflect a “strong presump-tion
in favor of arbitration.”2
Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 139
technological revolution in electronic and digi-tal
communication that followed the UAA.
ORUAA §1855 allows the parties to an arbi-tration
agreement to waive, or vary, the require-ments
of the ORUAA, with certain exceptions.
This is an attempt to balance the philosophy of
providing sufficient flexibility to the parties so
they can draft an agreement that satisfies their
needs, while still protecting the inherent fair-ness
in the arbitration process. Nonwaivability
falls into two categories: 1) Those provisions of
the ORUAA that cannot be waived or varied
before a dispute arises, and 2) those provisions
that can never be waived, either before or after
the dispute arises.
ORUAA §§1855(B)(1) and (B)(4) set forth
those provisions that cannot be waived in a pre-dispute
context. They include: §1859(A) (access
to judicial relief); §1857(A) (necessity for a
valid enforceable arbitration agreement); §1859
(remedies from the court or arbitrator); §1868(A)
and (B) (availability of subpoenas and deposi-tions);
§1877 (relating to enforcement of arbi-tration
agreements); §1879 (relating to appeals
from certain court orders); and §1867 (right to
legal representation). Additionally, §1855(B)(2)
prohibits the unreasonable restriction of the
right to notice under §1860, and §1855(B)(3)
prohibits the unreasonable restriction of the
right to disclosure of facts by the arbitrator
under §1863.
ORUAA §1855(C) includes those provisions
that are not waivable at any time — regardless
of when the dispute arises. These provisions
involve fundamental rights without which
there could be no fair arbitration process. They
cover access to the judicial process and an
arbitrator’s inherent rights. The parties cannot
waive the right to compel or stay arbitration,
the right to move to confirm or vacate an
award, or the immunity rights of an arbitrator
and arbitration organization.
As a general proposition, only parties to an
arbitration agreement are compelled to arbitrate
and an arbitration clause cannot be invoked by
or against a non-party. The Oklahoma Supreme
Court first addressed the issue of whether, or in
what manner, a nonsignatory may be bound by
an arbitration agreement in Carter v Schuster.10 In
Carter the Supreme Court said11
The United States Court of Appeals for the
Second Circuit has identified five theories
for binding nonsignatories to arbitration
agreements: 1) incorporation by reference,
when a party has entered into a separate
contractual relationship with the nonsigna-tory
incorporating the existing arbitration
clause; 2) assumption, when subsequent
conduct indicates nonsignatory has assumed
the obligation to arbitrate; 3) agency, when
traditional principles of agency law may
bind a nonsignatory to an arbitration agree-ment;
4) veil-piercing/alter ego, when the
corporate relationship between a parent and
its subsidiary are sufficiently close to justify
piercing the corporate veil and holding one
corporation legally accountable for the
actions of the other, such as, to prevent fraud
or other wrong or when a parent dominates
and controls a subsidiary; and 5) estoppel,
when the claims are integrally related to the
contract containing the arbitration clause.
Thomson-CSF, S.A. v American Arbitration
Ass’n, 64 F.3d 773, 776-779 (2d Cir. 1995).
An example of incorporation by reference is
found in High Sierra Energy, L.P. v Hull, et al.12
where a purchase and sale agreement con-tained
an arbitration agreement while two
related, but separate, employment agreements
did not. The employees moved to compel arbi-tration
because the purchase and sale agree-ment
and the employment agreements each
incorporated by reference the other. The trial
court denied the motion to compel. The deci-sion
was reversed because the trial court did
not resolve ambiguities in the agreements in
favor of arbitration. The appellate court con-cluded
that it could not say with positive
assurance that the employment agreements
were not subject to the arbitration clause in the
purchase and sale agreement.13
Construction subcontracts often incorporate
by reference the “general conditions” of the
prime contract and those conditions typically
contain an arbitration clause. Highland Crossing
L.P. v Ken Laster Co.14 involved a case where the
owner signed the prime contract with the gen-eral
contractor. The prime contract bound the
owner to arbitrate “any claim arising out of or
related to the contract.” After an arbitration was
commenced between the general contractor and
a subcontractor, the subcontractor joined the
owner and received an award against him. The
award was confirmed despite the owner’s con-tention
he was a party to only the prime con-tract,
and not to the subcontract. The award was
affirmed on appeal since the “contract demon-strates
owner’s agreement to arbitrate claims
related