Oklahoma Bar Association - Latest News

Bacharach Nominated to Appeals Court

Fri, 27 Jan 2012 14:49:21 -0600

Judge Robert E. Bacharach has received a presidential nomination for a position on the U.S. 10th Circuit Court of Appeals. He had served as a federal magistrate judge for the Western District of Oklahoma since 1999.

The Mississippi native holds a B.A. in history from OU, and earned his law degree in 1985 from Washington University in St. Louis. He began his career in 1985 as a law clerk to Judge William Holloway of the 10th Circuit Court. In 1987, he joined the Oklahoma City law firm Crowe & Dunlevy, where he was named a shareholder and director in 1994. He has been appointed to replace Robert H. Henry on the court.

Read more about Judge Bacharach's nomination at whitehouse.gov.

Nine Attorneys Recently Sworn in to OBA Board of Governors

Mon, 23 Jan 2012 15:04:41 -0600

Members of the 2012 Board of Governors take the oath of office before the Supreme Court during a January 19, 2012 ceremony.

This past Thursday, nine attorneys took the oath of office to serve on the OBA Board of Governors.

Cathy Christensen of Oklahoma City will lead the OBA in 2012. It will be a tremendous year filled with many events and opportunities. Relive the swearing in ceremony through the photo gallery.

New OBA Board Members Take Oath

Wed, 18 Jan 2012 13:52:28 -0600

Nine new members of the OBA Board of Governors were sworn in to their positions Jan. 19 at 10:30 a.m. in the Supreme Court Ceremonial Courtroom at the State Capitol. Officers and their new positions are Cathy Christensen, Oklahoma City, president; James Stuart, Shawnee, president-elect; and Peggy Stockwell, Norman, vice president.

Those sworn in to the Board of Governors to represent their judicial districts for three-year terms were Kimberly Hays, Tulsa; Nancy Parrott, at-large, Oklahoma City; Bret Smith, Muskogee; and Linda Thomas, Bartlesville.

Sworn in to one-year terms on the board were Deborah Reheard, Eufaula, immediate past president; and Jennifer Kirkpatrick, Oklahoma City, Young Lawyers Division Chairperson.

OBA’s ADR Section Looks to Identify Oklahoma Mediators

Fri, 13 Jan 2012 13:51:13 -0600

OBA member attorneys increasingly ask the OBA Alternative Dispute Resolution Section to identify OBA attorneys that hold themselves out to be qualified mediators. We are unaware of any statewide list of qualified attorney mediators or any list of Oklahoma attorneys that hold themselves out to the public as being qualified mediators.

This led the section to compile a database of attorneys in each county that hold themselves out to be mediators who are qualified by training, experience, or both. We are simply gathering this information at this time. Accordingly, if you represent yourself to the public to be a qualified attorney mediator, please complete, sign and return this questionnaire via mail or email.

Postjudgment and Prejudgment Interest for 2012 Determined

Thu, 12 Jan 2012 13:49:18 -0600

POSTJUDGMENT INTEREST: The State Treasurer has certified to the Administrative 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 calendar 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 business 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:

Year	Rate
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%

/s/ Michael D. Evans
Administrative Director of the Courts

Applicant List Released for February 2012 Bar Exam

Thu, 05 Jan 2012 15:14:33 -0600

The Oklahoma Rules of Professional Conduct impose on each member of the bar the duty to aid in guarding against the admission of candidates unfit or unqualified because of deficiency in either moral character or education. To aid in that duty, the following is a list of applicants for the bar examination to be given February 28–29, 2012.

The Board of Bar Examiners requests that members examine this list and bring to the board’s attention in a signed letter any information which might influence the board in considering the moral character and fitness to practice of any applicant for admission.

Send correspondence to:

Cheryl Beatty
Administrative Director
Oklahoma Board of Bar Examiners
P.O. Box 53036
Oklahoma City, OK 73152

Edmond

Ivory Chandler II
Christopher Morgan Dodd
Kari Anne Hoffhines
Stephen Moriarty
Hillary Dawn Raubach
John Christopher Scott
Amanda Leigh Smith
Jayme Kathryn Smith
Brice Adam Taylor
Joshua Allen Walker

Norman

Benjamin Howard Bailey
Courtney Cochran Blau
William Herbert Deveraux Jr.
Amanda Jo Ezell
James Lynn Franks
Amanda Elizabeth Garnand
James Garrison Greenleaf
David Wayne Houck
Kyle Roger Hurst
Steven Lamont Jaussi
Patrick Hayden Lane
Eric Thomas Meyers
Gregory Watson Morgan
Brett Adam Murphy
David Alan Puckett
Ethan Appleton Shaner
Kaben Lynn Smallwood
Nicholas Lee Stafford
Ryan Kevin Swartwood
Kate Cordray Thompson

Oklahoma City

Oreoluwatola Oluwadunsin Adesina
Petra Lois Dashner
Allen Nelson Doyel
Amanda Essaili
Nicholas Alexander Harrison
Kelli Brooke Hilgenfeld
Sharmeisha Jordan
James Michael Kerrigan II
Jared Alan King
Rebecca Jean King
Lisa Leigh Lopez
Joy Renee Maxwell
Jonathon Wilson McCartney
Ross William Miller
Nichole Rachele Moisant
Dustin Richard Murer
Lawrence Earlee Pecan III
John Thomas Poling
Michelle Lynn Roberts
Colby Lee Robertson
Celia Claire Roye
Jason David Sutton
Jill Elizabeth Swank
Andrew Richard Swartzberg
Ian Andrew Tennery
Christa Rochelle Uhland
Sabre Nichole Weathers
Edward Holmes Whalen
Robbi Jill Young

Tulsa

Meredith Leigh Baker
Benjamin Judson Brown
Amber Kay Burton
Kristen Diane Decker
Kimberly Golden Gore
Joshua Kyle Hefner
Martha Lynne Hyde
Annie Elizabeth Kellough
Jeffrey Price Krigel
Melissa Sue Kunz
Susannah Gale Mitchell
Rebecca Lynn Newman
Ryan John Patterson
Elizabeth Kathleen Pence
Erh Kang Perng
Charles Lee Reese V
Eric Lee Reynolds
Ravi Shankar Savitala
Alicia Rene Seyler
Lindsey Rebecca Snedden
Devesh Ramesh Taskar
Eric Richard Thorsen
David Andrew Walk

Other Oklahoma Cities and Towns

Heather Rosana Anderson, Broken Arrow
Jessica Katherine Bean, Ardmore
William Gregory Combs, Bethany
Alan Bruce Davidofsky, Yukon
Kristin Rena’ Edwards, McAlester
Ryan Jean Ellis, Broken Arrow
Ben Huston Ezzell, Enid
Stephanie Kay Fryar, Harrah
Johnathan Miles Gagnon, Yukon
Nicholas Eugene Grant, Spiro
John Thomas Green, Ponca City
Joshua James Holloway, Moore
Richard Joe Hunter, Anadarko
Jerrick Lee Irby, Broken Arrow
Cassandra Mae Kabat, Lawton
Tracian Marie Laignel, Broken Arrow
Lawrence Mitchell Lantz, Grove
Benjamin Michael Lepak, Claremore
Lisa Marie Loader, Enid
Pedro Juan Mari II, Broken Arrow
Kenneth Robert Massey, Shawnee
Angela Dee Mauch, Broken Arrow
Rachel Lynn McAlvain, Tahlequah
Venisa Maria McLaughlin, Stillwater
Jay C. Meyers, Lawton
Phelicia Ann Morton, Okmulgee
Jenna Leigh Newcomer, Howe
James Wesley Scott Pebsworth, Jenks
Melissa Jean Perez, Owasso
Jeremy Francis Plummer, Beggs
Thomas Price Purvis, Guthrie
Dahlia Nadeen Radcliffe-Castillo, Lawton
Claibourne E. Rick III, Yukon
Nicole Danielle Shanks-Cagle, Muskogee
Brittany J. Smith, Midwest City
Tonya Lynn Thurman, Bartlesville
James Edward Watzke, Broken Arrow
Lawrence Michael Wheeler, Chickasha

Out of State

Arya Affeldt Adibi, Fayetteville, AR
Nikki Lynn Baker, Henderson, NV
Denise Lynne Bakewell, Fairbanks, AK
Justin John Barth, Jamestown, ND
Raphael Berger II, Allen, TX
Max Werner Blaser, Lamar, MO
Tyler Robert Christians, Arlington, VA
Charles Newton Clarke, Brooklyn, NY
James Nicholas Crews, Kansas City, MO
Jacqueline Sue Cronkhite, Fort Smith, AR
Robert Scott Denton, Port Hueneme, CA
Melanie Kay Dockins, Arlington, VA
Sarai Geary, Glenpool, KS
Lindsay Erin Grisamer, Fort Worth, TX
Steven Tyler Hardt, Austin, TX
Robert Lee Harmon, Colleyville, TX
Amber Dawn Howard Cornelius, Pietermaritzburg, South Africa
Jacob Russell Lee Howell, Van Buren, AR
Louis Randy Jagodzinski, St. Joseph, MO
Tanner Bryce Jones, New York, NY
Mark William Keller, Arlington, TX
Jordan Louis Miller, Denver, CO
Coy David Morgan, San Antonio, TX
Richard Prince Jr., Lawrence, KS
Jason Anthony Sansone, Dallas, TX
Gwendolyn McKee Savitz, Philadelphia, PA
Keith Allen Schrodt, Frisco, TX
Patrick Robert Scott, Wichita Falls, TX
David Scott Shelton, Houston, TX
Susana G. Sosa, Katy, TX
Elizabeth Jo Tandy, Frisco, TX
Dustin Gabbard Thomas, Plano, TX
Thomas T. Tran, Fort Worth, TX
Amy Elizabeth White, Washington, DC
Lindsey Nicole Workman, Simi Valley, CA

Waivers Offered to Military Members

Fri, 23 Dec 2011 16:16:37 -0600

Dues waived for members serving in combat zones

The Oklahoma Supreme Court recently approved an amendment to the Rules Creating and Controlling the OBA allowing the waiver of annual bar dues for deployed military members: Active OBA members who are in an active duty and deployed status serving outside of the United States or one of its territories with the U.S. Armed Forces in a combat zone or receiving “Imminent Danger Pay” (combat pay) or “hardship duty pay” in any given year may request that dues be waived for that year.

A request for a waiver of dues, along with sufficient supporting documentation of service, shall be submitted to the OBA executive director as soon as reasonably practical. Members requesting such dues waiver shall have the right to appeal any administrative decisions made by the executive director to the OBA Board of Governors and ultimately to the Oklahoma Supreme Court. In the event the member is not able to submit the request personally, such request can be made by a family member, law partner or other such person having authority to act on behalf of the member.

Do you need an MCLE waiver, too?

Full-year duty

Members of the armed forces on full-time active duty during the entire calendar year shall be exempt from the educational requirement of the MCLE Rules. Online reporting will be available on MyOKBar after January 5, 2012. Such exemptions for 2011 must be reported prior to February 15, 2012.

Partial-year duty

Members of the armed forces on full-time active duty for a portion of the calendar year may be granted a full or partial waiver by the MCLE Commission upon written application by the attorney.

Applications may be obtained by contacting the MCLE department (405-416-7009 or mcle@okbar.org) or from the MCLE page on the website and should be submitted prior to the February 15 annual reporting deadline. Application for a waiver may be submitted by the OBA member, a family member, law partner or other person having authority to act on behalf of the member.

Law Day Contest Deadline Approaching

Tue, 20 Dec 2011 16:15:19 -0600

Dec. 31 is the last day to submit entries into this year’s Law Day art and writing contests, with prizes up to $500. “No Courts, No Justice, No Freedom” is the theme for this year’s Law Day, and all entries will be based on originality and interpretation of the theme.

Details are at www.okbar.org/lawday.

MCLE Deadlines Approaching as the Year Ends

Wed, 07 Dec 2011 16:36:13 -0600

We all know that the holidays are coming and that proverbial goose is getting fat, but do you remember that the deadline to earn your remaining CLE credit for 2011 is December 31?

If you’re not sure how much credit you need, just click Check MCLE Credits to get started.

We also have a Frequently Asked Questions Page to help you answer your MCLE questions. If you don’t find the answer to your question, we have a bonus round of FAQs. And if you still don’t find your answer, please call the MCLE department at 405-416-7009 or email mcle@okbar.org.

When you access your MCLE records online you can also pay your dues, sign up for section membership, donate to Lawyers Helping Lawyers and the Oklahoma Bar Foundation, and update your roster information (we need a good email address for you!).

So earn your required credit now and spend that $100 late compliance fee on something else…maybe a gift for me?

Valerie Couch Named OCU Law Dean

Mon, 05 Dec 2011 15:40:54 -0600

Federal Magistrate Judge Valerie K. Couch has been named the 12th dean of Oklahoma City University School of Law.

She was appointed United States magistrate judge for the Western District of Oklahoma in March 1999. Prior to that she was in private practice with the Oklahoma City firm Hartzog Conger & Cason, P.C., where she was an associate from 1983–88 and a director and shareholder from 1988–99.

She holds a juris doctor and a master’s degree in English literature from OU. She received her bachelor’s degree in English literature from UCLA.

Her official duties will begin July 1.

Read the full story at NewsOK.com.

Tech Toys for the Holidays

Thu, 01 Dec 2011 15:39:15 -0600

Jim Calloway, Director, Management Assistance Program of the Oklahoma Bar Association, teams with Sharon Nelson as hosts for the American Bar Association’s monthly podcast series called “The Digital Edge: Lawyers and Technology” for the Law Practice Today webzine. One of their most popular annual podcasts is “Tech Toys for the Holidays.” The podcast can be found at http://www.okbar.org/s/0oc1r and showcases everything from a wireless luggage finder and a mouse that scans to the DeLorean time machine and a robomower — and everything in between!

Some of our featured favorites are:

Listen to the podcast for details on these and other favorites. You’ll be glad you did!

State Bar Military Assistance Program Celebrates First-Year Success

Thu, 01 Dec 2011 15:20:40 -0600

State Bar Military Assistance Program Celebrates First-Year Success

Nearly 800 Oklahoma service members and veterans received no-cost legal help this year through the state bar association’s military assistance initiative. The Oklahoma Lawyers for America’s Heroes program has drawn more than 600 lawyers from across the state as volunteers, and the project is expected to grow even larger in 2012.

Annual Meeting 2011 Photo Gallery Now Online

Mon, 21 Nov 2011 15:14:05 -0600

If you missed the 2011 OBA Annual Meeting, well, we can’t describe how fun it was. Luckily for you, there are pictures to prove it.

For those of you that did attend, feel free to view the Annual Meeting photo gallery and remind yourself of the good times had!

Annual Meeting Bar Business Completed

Tue, 15 Nov 2011 15:12:19 -0600

For all those that attended the Annual Meeting Nov. 2-4 know what a great time it was. If you didn't, we certainly hope you participate next year! Either way, we've got business to get down to. On Friday, Nov. 4, your bar association's all-important business got underway.

House of Delegates actions went smoothly with all four resolutions being adopted along with the 2011 Title Examination Standards being approved. Also, the Board of Governors Elections were decided.

Did You Receive Your MCLE 2011 Interim Annual Report of Compliance?

Mon, 07 Nov 2011 15:11:08 -0600

Are you wondering about your CLE credit for 2011? Check your email inbox. You may have already received your 2011 Interim MCLE Report. You may have received an Interim Report by the regular mail if you do not have an email address in our records. If you are not exempt, you have until December 31, 2011 to earn any remaining credit you need for 2011 without having to pay a late fee.

You can also access your MCLE record at my.okbar.org. While you’re on MyOKBar, please take a minute to make sure that your contact information is correct. We want to continue to provide you with the most current information.

If credit is missing from your report, remember that sponsors have 30 days to report your attendance.

You can also make corrections or additions to your MCLE record for seminars attended from January 1, 2011 to September 15, 2011. Send documentation to the MCLE Department signed by the sponsor that verifies your hours of attendance for Oklahoma approved seminars. If your seminar has not yet been approved by the MCLE Department, applications for accreditation can be obtained at www.okbar.org/members/mcle or by contacting the MCLE department.

If we can help you, contact the MCLE Department at mcle@okbar.org, 405-416-7009, 800-522-8065. The large volume of questions we receive at this time of year could result in some delays. We will do our best to answer everyone as quickly as possible.

LHLAP Orientation - October 21st, 2011 - Noon to 2:30pm

Wed, 12 Oct 2011 15:09:44 -0600

This free orientation is for new and potential members and a “refresher” for current members. In this efficient two-hour lunch program you will learn the following:

Why LHL is vital to Oklahoma lawyers
How LHL operates and helps lawyers
The confidential referral process, step-by-step
How to support a lawyer in need
(Substance abuse and mental health issues)

Guest Speaker:
Greg Giltner, OKC Police Department, Chaplain and Coordinator for the Peer Support Program

TIME:
12:00 to 12:30 Lunch
12:30 to 2:30 Orientation/Training

PLACE:
OBA
1901 N. Lincoln Blvd.
Oklahoma City, OK 73152-3036

*Your valuable time will not be wasted. To reserve your box lunch, please RSVP by Wednesday, October 19th, to wandar@okbar.org.

Justice Teaching Program

Tue, 04 Oct 2011 15:08:25 -0600

Alarmed at people’s lack of knowledge about the American justice system, Florida Supreme Court Justice R. Fred Lewis started a statewide civic education effort in his home state to reach out to public schools. Five years later his Justice Teaching Program now involves 4,500 volunteer lawyers and judges donating at least two hours each month at every school in Florida.

On Thursday Sept. 29 at 9 a.m. at the Oklahoma Justice Center, 2100 N. Lincoln Blvd. in Oklahoma City, Justice Lewis shared details about his successful program with Oklahoma education leaders and legal professionals.

Justice Lewis came to Oklahoma at the invitation of the Oklahoma Bar Association.

Sharing concern about the decline of civic engagement and political apathy, OBA President-Elect Cathy Christensen of Oklahoma City has decided to place special emphasis on law-related education during her upcoming presidential year, with particular attention paid to the role of the courts.

“Each student in Oklahoma is entitled to understand the third branch of government,” Christensen said. “We owe our students the opportunity to understand their rights and responsibilities in a nation governed 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 civic education, the three branches of government and the rule of law in a civilized society.”

Justice Lewis began his program with monthly visits to four schools. At the completion of his first semester, he realized success when students organized to improve the quality of cafeteria food at their school.

Christensen, along with the OBA Law-related Education Committee, chaired by OBA Vice President Reta Strubhar of Piedmont, and the Special Committee on Public Education, chaired by Suzanne Heggy of Yukon, share Justice Lewis’ vision for justice teaching and are coordinating the justice’s presentation with the belief that a similar program could work well here in Oklahoma.

Christensen said, “I know Oklahoma attorneys and judges have long been committed to donating their time in Oklahoma schools. OBA-LRE would like to increase participation of lawyers and judges in the classroom and ensure that each school in Oklahoma, public or private, large or small, receives the benefit of an attorney or judge in their classroom.”

She said the OBA envisions duplicating the Florida model to provide a service to Oklahoma students.

The OBA and our membership are dedicated to creating successful students today who become citizen leaders tomorrow,” Christensen said. “An understanding of civics is a gift that every student deserves.”

Welcome New Members!

Wed, 28 Sep 2011 15:05:48 -0600

Welcome New Members!

This past Thursday, 300-plus new lawyers were welcomed to the Oklahoma Bar Association! New members were sworn in by the Oklahoma Supreme Court in the House of Representatives Chambers. The ceremony was followed by a reception in the rotunda courtesy of the OBA Young Lawyers Division.

OBA Annual Meeting — A Tradition of Pride

Thu, 22 Sep 2011 16:42:59 -0600

As I write this message, I am beginning my ninth month as president of this association. While I am proud of the work our organization has accomplished this year, the biggest challenge of my presidency may lie ahead.

On Nov. 2-4, our association will meet in Tulsa for its 107th Annual Meeting. So why is that so challenging? The challenge is to bring back the tradition of attending the Annual Meeting.

Read the full article at http://am.okbar.org/2011/presidents-message/

Constitution Day Celebrated in Oklahoma

Sat, 17 Sep 2011 16:40:54 -0600

Independence Day, Veterans Day, and Memorial Day observations remind us of the value and cost of our freedom. Activist Louise Leigh saw the need to venerate the document that expressed and guaranteed these ideals of freedom. Leigh began her crusade to promote Constitution Day in 1997; seven years later the federal government passed legislation requiring federally funded schools to use Constitution Day as a time to teach students about the Constitution.

The need to educate our children and community about the Constitution, representative democracy, and the legal system is essential in developing a responsible citizenry and preserving our freedoms. Commemorating Constitution Day allows an opportunity to share with the next generation respect for and understanding of the Constitution and their responsibility to continue this legacy of liberty.

The members of the Oklahoma Bar Association are committed to the support of educational programs that further the understanding of the democratic system. To further this cause, free Pocket Constitutions are available for distribution to students and community organizations through the Law-related Education Department. Attorneys are encouraged to contact local schools to assist with Constitution Day and Freedom Week activities.

July 2011 Oklahoma Bar Exam Results Released

Fri, 09 Sep 2011 11:17:40 -0600

The Oklahoma Board of Bar Examiners has released the results of the July 2011 Bar Exam. A total of 381 took the exam, with 317 passing (an 83% pass rate).

The complete list and swearing-in info can be found at okbar.org.

2011 Mona Salyer Lambird Spotlight Award Recipients Announced

Wed, 07 Sep 2011 11:15:39 -0600

Since 1996 the Spotlight Awards have been given annually to five women who have distinguished themselves in the legal profession and who have lighted the way for other women. In 1998 the award was named to honor the late Mona Salyer Lambird, the first woman president of the Oklahoma Bar Association, and one of the award’s first recipients.

The award is sponsored by the OBA Women in Law Committee. Each year all previous winners nominate and select the current year’s recipients. A plaque bearing the names of all recipients hangs at the Oklahoma Bar Center in Oklahoma City.

The 2011 recipients are...

Governor Fallin Selects Judge Tom Thornbrugh to Fill Vacancy on Oklahoma Civil Appeals Court

Wed, 07 Sep 2011 11:14:21 -0600

Governor Mary Fallin announced Friday she has selected Judge Tom Thornbrugh of Tulsa to fill the vacancy on the Oklahoma Court of Civil Appeals District Three.

Since 1997, Thornbrugh has served as district court judge for the 14th Judicial District and currently serves as presiding judge. He has presided over more than 200 jury trials involving civil and criminal felony matters.

Read the rest of this article here…

Muskogee County Bar Hosts Free Legal Clinic for Veterans

Tue, 06 Sep 2011 11:12:21 -0600

The Muskogee County Bar Association held the first legal advice clinic for area military service members and veterans on Aug. 13. The clinic was staffed by volunteer attorneys from the county bar, including OBA President Deborah Reheard, District 7 Gov. Lou Ann Moudy and OBA Executive Director John Morris Williams.

As part of the Oklahoma Lawyers for America’s Heroes program, similar free legal clinics will take place across the state on Nov. 11, 2011.

Legal advice and a listening ear

Through the course of the clinic, members assisted some 30 veterans with legal questions covering estate planning, veteran’s benefits, contracts and real estate. Any veteran with a question warranting further action was either referred to the Oklahoma Lawyers for America’s Heroes volunteer attorney bank or was self-referred to the volunteer attorney at intake.

The number of “thank-yous” received was incredible and was, as described by one volunteer, humbling to have the opportunity to give back to these men and women who have served our country admirably in the wars and conflicts of history.

More than one veteran broke down in tears at simply having the opportunity to have someone listen to his legal issue and advise him of his options. One 83-year-old veteran admitted to having been taken advantage of financially when he loaned money to someone close to him who had long since stopped returning his calls. Many others reported that they’ve been unable to recover benefits to which they were entitled.

Fast resolution for legal issues

A week after his clinic visit, the elderly veteran has been fully paid back the money he was due, and volunteer attorneys also assisted him in drafting an estate plan to further protect it. Those who had been denied benefits are now on the path to receive them, and those with questions now have answers and more importantly, options.

You can help our veterans!

These free legal clinics are available because Oklahoma attorneys are active in their communities and support America’s service members. There are several clinics scheduled state-wide for Veterans Day, Nov. 11, 2011. If you are an OBA member, sign up to volunteer for one. If you are or know of a veteran who needs legal assistance, visit www.okbar.org/heroes and sign up to meet with a volunteer attorney.

Opening Your Law Practice — 2011 Edition

Mon, 29 Aug 2011 15:29:29 -0600

Opening Your Law Practice is a free seminar for new lawyers, those returning to private practice or venturing out on their own. The program will address the nuts and bolts of setting up a law practice, including marketing, available resources, law office technology, client relations, professionalism, financial management, ethics and trust accounting, malpractice insurance, accounting and tax for law firms, and risk management.

This informative seminar is free with pre-registration and lunch is provided by Oklahoma Attorneys Mutual Insurance Company. Speakers are:

Gina Hendryx, Oklahoma Bar Association General Counsel
Jim Calloway, Director, OBA Management Assistance Program
Judge David B. Lewis, Oklahoma Court of Criminal Appeals
Ted Blodgett, CPA, CVA, JD, Gray, Blodgett and Company, CPA's
Phil Fraim, President, Oklahoma Attorneys Mutual Insurance Company

Get complete details and registration information here.

Military Assistance Program Thrives

Tue, 16 Aug 2011 12:14:08 -0600

Military Assistance Program Thrives

by OBA President Deb Reheard

Free CLE for New Volunteers

We are more than halfway through the inaugural year of our Oklahoma Lawyers for America’s Heroes project, what we believe will be the first of many years for this important community service program for our association. So far, more than 300 military service members and veterans have requested our assistance with their legal challenges, and we stand ready for action. Hundreds of Oklahoma lawyers have stepped up and are volunteering pro bono representation of American heroes.

We continue to encourage bar members to sign up for the project, because as news of the program spreads, we anticipate the demand for our services will increase dramatically. With that in mind, the OBA Continuing Legal Education Department is offering a free CLE this month for lawyers who volunteer to provide 20 hours of pro bono assistance to service members in need.

The free CLE is set for 8:30 a.m., Aug. 19 at the Northwestern Oklahoma State University — Enid Campus, 2929 E. Randolph. Participating attorneys will receive seven hours of MCLE including one hour of ethics. The CLE will touch on the practice areas in which service members are most likely to encounter issues, such as family law, consumer or credit issues, estate planning and disability law.

The program is being co-sponsored by the Garfield County Bar Association. Our partner organization, Pros4Vets, is also sponsoring the event and will provide lunch for attendees. To sign up, visit www.okbar.org/s/7sdpi or call 405-416-7006.

Why Should You Volunteer?

We have found that younger reservists who are paid the least are often the most at-risk for legal problems. They are in stressful situations and are separated from their families. This stress can lead to trauma, substance abuse and suicide. As an association, our goal is to step in and prevent these problems from spiraling out of control. As attorneys, this program gives us the opportunity to serve those who have served us in defending our freedom. As your president, I encourage you to repay the debt we owe these American heroes for the sacrifices they make on the battlefield and back home.

The Aug. 19 CLE in Enid mirrors a similar program that took place in Oklahoma City in February. That “OBA Boot Camp: Oklahoma Lawyers Representing America’s Heroes,” was an amazing event that made me proud to lead this association. In addition to becoming better educated in the best practices for representing our service members, we had a lot of fun. A surprise visitor included NFL standout and former Sooner Roy Williams. While we can’t guarantee football legends at every CLE, we can guarantee that this will be a rewarding and fulfilling experience for lawyers who sign up.

We already anticipate more than $1 million worth of legal services will be donated to our military members as a result of this program. While that’s a great number, it’s only a start. We hope that OBA members who could not attend the CLE in Oklahoma City will make the trip to Enid and join us in our efforts. Please ask yourself this question: “For those who serve, will you serve?”

Chinese Students Visit Bar Center

Thu, 04 Aug 2011 09:19:15 -0600

The OBA recently hosted a luncheon for law students from four universities in China. The students were in Oklahoma City to attend the Certificate in American Law Course at the OCU School of Law. Among those attending were (from left) OCU Law Dean Emeritus Lawrence Hellman, Andrew Chen, Roxannie Zhang and OBA President Deborah Reheard.

Reward with an Award!

Thu, 28 Jul 2011 09:18:16 -0600

Do you know a lawyer or nonlawyer who has positively impacted the community or an individual? Feel that this person needs to be recognized? The OBA Annual Meeting Awards nominations are exactly what you need! From ethics to judicial excellence, public service to professionalism, there are several categories that might fit your need.

Read more about the 2011 OBA Annual Meeting Awards and nominate someone today!

Educators Attend Founding Documents Institute

Wed, 27 Jul 2011 09:15:41 -0600

Oklahoma and Texas educators attended the Hatton W. Sumners Founding Documents Institute in Norman July 11–15. Teachers participated in sessions with scholars providing content and background on the Declaration of Independence, Federalist/Anti-Federalist writings, the U.S. Constitution and the First Amendment. Law-Related Education-trained teacher/consultants Kathy Aldridge and Dodie Kasper provided practical lessons and strategies to utilize the content in classrooms.

This opportunity was offered through the Texas Law-Related Education Department and made possible by a grant from the Hatton W. Sumners Foundation.

Video Highlights Good Times at SSF 2011

Tue, 26 Jul 2011 16:16:30 -0600

WARNING: If you watch this video, you won’t be able to resist registering for the 2012 OBA Solo and Small Firm Conference.

As you can see, fun was had by all at this year’s conference. Watch for a 2012 "Save the date" soon.

Tucker Wins JNC District 1 Runoff Election

Mon, 18 Jul 2011 12:08:13 -0600

Tulsa attorney John Tucker has been elected to serve on the state’s Judicial Nominating Commission. Tucker will serve as one of six lawyers on the 15-member commission, which plays a key role in the selection of Oklahoma judges.

Get the details here.

Supreme Court Approves Rules Change

Fri, 15 Jul 2011 12:06:13 -0600

The Oklahoma Supreme Court has approved a proposed amendment to the Rules Creating and Controlling the Oklahoma Bar Association. The amendment provides that the budget shall be approved by the Board of Governors prior to being submitted to the Supreme Court.

The order and amendment can be downloaded as a PDF on the OBA website; the amended rule will be available on OSCN.net.

Judicial Nominating Commission Runoff Ballots Due

Mon, 11 Jul 2011 16:00:27 -0600

Election ballots must be turned in by 5 p.m. Friday, July 15 in the runoff election to determine the JNC District One (Creek and Tulsa counties) winner. Attorneys Guy Fortney and John Tucker were the top two finishers in the initial race, but neither candidate garnered more than 40 percent of the vote. Ballots were distributed to lawyers residing in District One last month.

More information about the 2011 JNC elections is available at www.okbar.org/jnc.

Educators Study Foundations of Democracy at Annual Institute

Wed, 29 Jun 2011 14:15:20 -0600

The fourth annual Hatton W. Sumners Foundations of Democracy Institute was held June 13-17, 2011, at the National Center for Employee Development in Norman. The 19 Oklahoma teachers in attendance were joined by three Slovakian educators. The institute highlighted the four essential concepts essential for establishing and maintaining a democracy: Responsibility, Privacy, Authority, and Justice.

Read the full story at www.okbar.org.

Education, Social Activities Make 2011 Solo & Small Firm Conference a Success

Tue, 21 Jun 2011 15:56:58 -0600

What Oklahoma event featured football legends Barry Switzer and Billy Sims, along with rock stars Tina Turner and Mick Jagger? The surprising answer is the 2011 OBA Solo and Small Firm Conference. The football legends both attended in person, while the rock stars were there via homages from our outstanding musical entertainment, New Odyssey.

Solo and small firm lawyers wear many hats. They are management and labor. They are professional service providers who also have all of the roles of any small business owner. On any given day, they may serve as chief marketing officer, chief information officer, budget director and custodian.

Juggling all of these various roles while serving clients can be challenging. The OBA Solo and Small Firm Conference is designed to help these lawyers with information about managing their practices and updates on substantive law. Many lawyers take their families with them for an early summer break in a pleasant location. The conference combines fun and networking opportunities with a packed schedule of programming that includes 12 hours of CLE presentations.

John Brewer, an Oklahoma City lawyer, was at the very first OBA SSF at Shangri La and estimates he has been to 10 conferences. "Educational programming is always at the top of the scale," Brewer says. "This year’s breakouts were particularly good. My advice for those who attended is to find time to read the materials. There is a lot there that the speakers couldn’t cover and for the breakout sessions you didn’t attend.”

Before the educational sessions started, we were pleased to welcome special guests and football legends Barry Switzer and Heisman Trophy winner Billy Sims. Barry Switzer showed that he still knows how to work a room, even if the “room” was poolside at the Downstream Resort. Billy Sims made a surprise appearance after he learned from one of the conference attendees that Barry was going to be there. Everyone who wanted their picture taken with one or both of them had an opportunity to do so.

The 2011 SSF Conference programming opened with the ever-popular 50 Tips in 50 Minutes and included sessions on improving client communication, handling expungements, advising clients on Medicaid and nursing home eligibility issues, and how lawyers can use an iPad in their practice.

New Odyssey was much more than just three guys playing 30 instruments. They put on a great show and those who left early for the casino or hospitality suites missed a treat. Some well-known OBA members were dancing on the dance floor and even on stage.

Ponca City lawyer Carolyn Smith has only missed two or three conferences. She has wound down her practice now, but spent her career as a true solo lawyer with no support staff, always in the same office space. Among the reasons she cited for attending the OBA SSF included “The materials, especially law office management/tech stuff aimed at the solo, socializing with OBA-Netters, and feeling like I really belong.” Carolyn was a big winner at this year’s conference, taking home a top of the line iPad 2. “I'm still giddy. This is too cool for words. I well remember when flash drives were coveted prizes,” she said.

Nominate Someone for an OBA Award Today

Thu, 16 Jun 2011 11:28:00 -0600

The time is now! If you know a lawyer who deserves to be recognized for an OBA Award, you need to nominate them soon.

Awards will be presented at the Annual Meeting to be held Nov. 2–4 in Tulsa. The deadline for nominations is Aug. 17. Anyone can submit an award nomination, and anyone nominated can win. Nominations don’t have to be long; they can be as short as a one-page letter or as long as five, single-sided pages. Want to keep it really simple? More information and forms are available at www.okbar.org/awards.

Leadership Academy Deadline Approaches

Mon, 13 Jun 2011 11:29:18 -0600

The 2011-12 Leadership Academy is accepting applications through Wednesday, June 15, 2011.

Participants will learn communications, networking, and service through a series of sessions taught by leaders in the legal community.

Visit www.okbar.org/leadership to get details about the Academy and how to apply.

Annual Solo & Small Firm Conference Kicks Off

Fri, 10 Jun 2011 11:26:56 -0600

The 2011 OBA Solo & Small Firm kicked off Thursday evening at the Downstream Resort and Casino in Quapaw, Okla. Over 150 lawyers and their families will attend the annual conference, which runs through Saturday, June 11.

You can keep track of what’s happening at the event by following @oklahomabar on Twitter, and using the official hashtag #OKBarSSF. Event details are at www.okbar.org/solo.

State Bar Offers Free Legal Advice to Tornado Victims

Wed, 01 Jun 2011 10:18:10 -0600

Attorneys are gearing up to offer no-cost legal services to recent tornado disaster victims through a special program coordinated by the Oklahoma Bar Association. People needing legal advice on issues related directly to the recent tornadoes should go to www.okbar.org/DisasterRelief or call (800) 522-8065 on weekdays from 8:30 a.m. to 5 p.m.

This free service begins immediately; complete details are available on www.okbar.org.

Candidates for Judicial Nominating Commission Announced

Wed, 01 Jun 2011 10:17:00 -0600

Elections for Districts 1 and 2 of the Judicial Nominating Commission will take place June 3-17, 2011. Ballots will be mailed to members June 3.

This year, 5 candidates are running in District 1; 2 candidates face off in District 2.

For a complete list of candidates and their bios, visit www.okbar.org/jnc.

Bar Exam Candidate List Released

Wed, 25 May 2011 14:03:20 -0600

The Board of Bar Examiners has released the candidate list for the July 2011 bar exam and requests that members examine this list and bring to the board’s attention in a signed letter any information which might influence the board in considering the moral character and fitness to practice of any applicant for admission.

View the list of candidates here.

Celebrity to Attend Reception at Solo & Small Firm Conference

Mon, 23 May 2011 10:32:37 -0600

Celebrity to Attend Reception at Solo & Small Firm Conference

Barry Switzer, the former Oklahoma Sooners’ head coach who led his team to three national championships, 12 Big 8 Conference championships and eight bowl wins (as well as a Super Bowl Championship as the head coach for the Dallas Cowboys), will attend the opening reception. He’ll be available for photos and autographs.

OSU Cowboy fans will also find many activities to enjoy at the conference to be held June 9–11, 2011 at the Downstream Resort in Quapaw (in the far northeastern corner of the state).

For more information about the conference, including a complete schedule of presentations, please visit www.okbar.org/solo. You can also register online on the site while you’re there.

Leadership Academy Accepting Applications for 2011-12

Fri, 13 May 2011 15:38:46 -0600

The OBA is now accepting applications for the 2011-12 OBA Leadership Academy starting Oct. 2011. Sessions generally run two days during select months.

Any OBA member is eligible to apply, and there is no cost to participate (besides travel). Application deadline is June 15.

Find out more about this program at www.okbar.org/leadership.

Project Citizen State Showcase Held in Oklahoma City

Thu, 12 May 2011 15:36:54 -0600

The We the People: Project Citizen State Showcase was held at the Oklahoma Bar Center in Oklahoma City, Oklahoma on May 4, 2011.

We the People: Project Citizen is a curricular program that promotes competent and responsible participation in local and state government. The program helps young people learn how to monitor and influence public policy. In the process, they develop support for democratic values and principles, tolerance, and feelings of political efficacy.

Entire classes of students or members of youth organizations work cooperatively to identify a public policy problem in their community. They research the problem, evaluate alternative solutions, develop their own solution in the form of a public policy, and create a political action plan to enlist local or state authorities to adopt their proposed policy. Participants develop a portfolio of their work and present their project in a hearing showcase before a panel of civic-minded community members.

The Project Citizen program is administered with the assistance of a national network of state and congressional district coordinators in every state. It is funded by the U.S. Department of Education by act of Congress.

Congratulations to the following classes:

First Place: Diane Reece - 5^th/6^th Grade Classes, Bokoshe Elementary, Bokoshe
Danger Fly Ash is in the Air We Breathe

Second Place: Shelley Zevnik Breece - Union 8th Grade Center, Broken Arrow
Bridge Over Troubled Waters

Third Place: Janet Cook - 5^th Grade Girls, Laverne Elementary, Laverne
Climbing to Safety

The National Project Citizen Showcase competition will be held in San Antonio, Texas August 8–10. Representing the state of Oklahoma will be Diane Reece's 5^th and 6^th grade portfolio Danger Fly Ash is in the Air We Breathe from Bokoshe, Oklahoma.

In Oklahoma, this program is administered by the Oklahoma Bar Association’s Law‑related Education Department.

Christian Heritage Academy Places 13th in National Competition

Mon, 09 May 2011 16:26:50 -0600

Nine students from Christian Heritage Academy in Del City competed in the National High School Mock Trial Competition, held May 4–8 in Phoenix, and placed 13^th in the final standings.

The Christian Heritage Academy team earned the right to advance to nationals by defeating Clinton High School in the state championship. The national competition featured 48 championship-winning teams, including teams from Guam, Australia and South Korea and first place teams from across the country. Indiana’s team took home first place honors.

“The mock trial program is such a tremendously beneficial program,” said Christian Heritage Academy’s attorney coach Jennifer Miller. “It not only teaches the students about the law and courtroom procedure, but also develops skills which will benefit each student throughout their life. The program helps the students become more confident in public speaking as students, whether portraying an attorney or a witness, gain the ability to think and reason quickly. The students gain self-esteem, poise and confidence.”

Jerrid Eischen is the teacher coach for the team. Team members are John Campbell, Katie Ceyler, Walker Clay, Kristen Copeland, Stone Hendrickson, Jared Miller, Ryan Morrisett, Taylor Palmer and Susie Wilson.

Mock Trial Coordinator Judy Spencer said, “Attorneys and mock trial committee members Nicole Longwell, Jennifer Bruner and Christine Cave joined 28 other observers in supporting our team during the fierce competition. I feel honored to be a part of this incredible program and the support it receives from Oklahoma’s legal community. I express my heartfelt gratitude and congratulations to all on a job well done throughout the 2010–2011 mock trial season.”

The state and national competitions involve teams of students taking on the roles of attorneys and defendants. During the “trials,” which are heard by judges and attorneys in a courtroom setting, individual and team performances are evaluated. In national competition, all teams begin with a new case.

The judges scored the students based on their familiarity of the case and the formulation of their arguments. The competition encourages the development of oral advocacy, critical thinking and communication skills. The quality of preparation, level of teamwork and adherence to the rules are also important factors in the competition.

The annual state competition is sponsored by the OBA Young Lawyers Division and the Oklahoma Bar Foundation.

Sovereignty Symposium 2011 Details Announced

Tue, 03 May 2011 09:44:08 -0600

The 2011 Sovereignty Symposium will be held in Oklahoma City June 1–2.

Sponsored in part by the OBA Indian Law Section, the symposium is an annual event established to provide a forum in which ideas concerning common legal issues can be exchanged in a scholarly, non-adversarial environment.

This year’s theme is Seeds of Sovereignty, with featured speaker Baroness Nicholson of Winterbourne.

For a complete schedule of events, visit the OSCN Sovereignty Symposium website.

Local Court Rules for Western District Court Updated

Mon, 02 May 2011 14:55:58 -0600

The United States District Court, Western District of Oklahoma has updated the local court rules effective May 1, 2011.

There are several changes reflected in the 101–page document (pdf) which can be found on the Western District Court website.

TV Show to Discuss Oklahomans’ Legal Rights

Thu, 28 Apr 2011 15:38:43 -0600

Oklahomans will get a glimpse into the legal system when the annual, award-winning Ask A Lawyer call-in show airs Thursday, April 28, at 7 p.m.

This is the 33^rd year OETA and the Oklahoma Bar Association have co-produced the show, designed to share information about legal issues in easy‑to‑understand language.

Read more…

Welcome New Members!

Mon, 25 Apr 2011 17:13:51 -0600

Welcome to all the new members of the Oklahoma Bar Association! It’s exciting to have you join the ranks of those who are serving Oklahomans. Here’s some information to help get you started:

Senior Citizens to Receive Free Legal Advice

Thu, 21 Apr 2011 17:12:37 -0600

Members of the OBA Young Lawyers Division will be offering free legal advice to senior citizens in Muskogee on Saturday, April 23, 2011. These services will be provided from 11 a.m. to 3 p.m. at the Muskogee Public Library, 801 West Okmulgee.

Serving our Seniors (S.O.S.) is a project in which lawyers will be counseling low-income seniors with their estate planning needs at no cost. Volunteer lawyers will work with individuals by counseling them and drawing the proper documents to fulfill their needs. Documents provided will be a last will and testament, durable power of attorney and living will.

Law Day Contest Winners Announced

Tue, 12 Apr 2011 17:10:29 -0600

Twenty students from across the state were recently recognized at the State Capitol for their winning Law Day art and writing contest entries. Supreme Court Chief Justice Steven Taylor met with the first-place winners and spoke to them about this year’s Law Day theme, “The Legacy of John Adams: Defending the Rights of the Accused.”

Bar Exam Results Announced

Fri, 08 Apr 2011 10:39:41 -0600

The Oklahoma Board of Bar Examiners has announced the results of the Feb. 2011 Bar Exam. This cycle boasts an 84% pass rate for the 115 test-takers.

The swearing-in ceremony for new members will take place April 21, 2011 at the Oklahoma Supreme Court.

Get the full details and complete results list here.

Opening Your Law Practice

Thu, 07 Apr 2011 16:38:22 -0600

The Opening Your Law Practice seminar (formerly the New Lawyers Experience) is designed for both starting and transitioning lawyers.

The OBA Opening Your Law Practice will be held Wednesday, April 27, 2011 at the Oklahoma Bar Center. The program covers the basics of law office operations in the areas of marketing, management, finance and technology. It’s free, and you do not need to be a new lawyer to attend.

A free lunch will be provided by Oklahoma Attorneys Mutual Insurance Co. You do need to preregister by calling Mark Schneidewent at (405) 416-7026 or emailing him at marks@okbar.org.

More details and the program schedule are available online.

MCLE Compliance: Orders to Show Cause

Mon, 04 Apr 2011 16:36:23 -0600

Are you compliant with your MCLE requirements for 2010? If you are not and you are able to comply by April 8, 2011, you may avoid receiving the late notice we plan to send by certified mail.

To comply you must:

earn the required credit
file the 2010 Final Annual Report of Compliance
pay $200 for late compliance and late reporting

If you are eligible to report an exemption that you did not report or was not recorded for you by our office, you must:

mark the appropriate exemption on the 2010 Final Annual Report of Compliance
pay $100 for late filing

If you are unsure about your compliance for 2010, you can check your MCLE record online at my.okbar.org and log in using your bar number and your PIN. You can also download a blank 2010 Final Annual Report of Compliance. If you feel that our records are in error or if you have questions, please contact the MCLE office at (405) 416-7009 or mcle@okbar.org.

Members sometimes miss notices from the OBA due to an incorrect address. All members of the Association are required to provide the Association with a current address and shall promptly inform the Association of any changes in address in accordance with Article 11, Section 1 of the Rules Creating and Controlling the Oklahoma Bar Association and Rule 13.1 of the Rules Governing Disciplinary Proceedings. You can update your address at my.okbar.org or contact Tracy Sanders at (405) 416-7068 or tracys@obkar.org.

Bar Members Celebrate Membership Anniversaries

Fri, 01 Apr 2011 09:26:51 -0600

New members will be sworn in to the bar in a few weeks, full of ambition to serve others through the practice of law. Many of our members took that same oath what may to them seem a lifetime ago, and are still proudly serving as officers of the court.

The Oklahoma Bar Association applauds those members who in 2011 will reach significant milestone anniversaries - 50, 60 and 70 years of membership in the association.

View the list here, then take a moment to write, call, or email one of them today to thank them for serving our profession.

Justice Gurich to Formally Swear In as Supreme Court Justice

Thu, 31 Mar 2011 09:38:11 -0600

All OBA members are invited to the formal swearing-in ceremony of Justice Noma Gurich, which will take place March 31 at 2p.m. in the Supreme Court Courtroom at the State Capitol.

A reception hosted by the OBA Women in Law Committee will follow immediately after the ceremony.

Bar Member Changing Lives as a Cub Scout Leader

Tue, 29 Mar 2011 09:36:49 -0600

Legal service is the business side of what lawyers do, and community service is another way they show the public their compassionate side—working together to make a difference in the lives of others in our society.

A recent story in The Oklahoman shares one OBA member’s contribution to his community.

Criminal defense lawyer David Slane helps teach important lessons to one particular Cub Scout Pack that combines homeless boys from the Positive Tomorrows program with Villa Teresa School in inner Oklahoma City. The merger is providing to be a success with one Scout saying that this is the best thing that he has ever had in his life.

Read the entire story…

Supreme Court Recognizes School/Teacher of the Year

Thu, 24 Mar 2011 09:35:29 -0600

The 2011 Oklahoma Supreme Court Teacher of the Year is Julie Valsaint who teaches second grade at Broken Arrow’s Westwood Elementary School, and the 2011 Oklahoma Supreme Court School of the Year is Cherokee Elementary School in Muskogee.

Awards were presented to the winners in a ceremony at the Oklahoma Supreme Court on March 7.

Read the full story here…

Register Now for the 2011 OBA Solo & Small Firm Conference and YLD Mid-year Meeting

Tue, 22 Mar 2011 09:31:15 -0600

Boot Camp: Back to Basic Training is our theme for this year’s Solo and Small Firm Conference. This year we will feature numerous “how to” sessions. This format gives lawyers who are familiar with a certain area of practice a chance to brush up on their skills and gives lawyers who may want to expand their practice into a certain area the basics on how to start serving those clients.

So whether it’s learning how to handle expungement cases, how to advise clients who are planning a needy relative’s admission into a nursing facility or how to obtain records from government agencies, we want you to leave this year’s conference with new skills to handle new and different matters.

Visit okbar.org/solo for complete details and registration.

New Photo Galleries Available

Mon, 21 Mar 2011 09:29:50 -0600

Photos from recent OBA related events are now available at http://albums.okbar.org, the OBA's official online photo gallery.

Recent updates include the 45th Brigade send-off as part of Oklahoma Lawyers for America's Heroes, OBA/LRE's Supreme Court School/Teacher of the Year awards, and the Oklahoma High School Mock Trial finals.

View and download pictures from these events and more…

State Mock Trial Championship Decided

Fri, 04 Mar 2011 10:41:46 -0600

Christian Heritage Academy in Del City defeated Clinton High School (Gold team) in the final round of competition to claim the Oklahoma High School Mock Trial Championship. Christian Heritage Academy will represent Oklahoma in the national competition, to be held in Phoenix in May.

Oklahoma Bar Association President Deborah Reheard of Eufaula said, "All of the teams have shown an understanding of the law and are getting a valuable lesson in how legal issues impact both individuals and businesses."

The final round of competition was held Tuesday evening in the Bell Courtroom at the OU Law Center in Norman. The two teams argued a case centered around a high school senior who filed a lawsuit against his school and its principal for violating two provisions of the First Amendment. The student was banned from running for office based on the religious content of his platform and campaign speech. The court granted a temporary restraining order stating that the elections cannot take place until the conclusion of a full evidentiary hearing and a ruling on the merits of a permanent injunction.

This year's winners of the best attorney awards were Ryan Morrisett of Christian Heritage Academy and Chase Maxwell of Clinton. Katie Ceyler of Christian Heritage Academy and Donticia Banks of Clinton were chosen as the best witnesses.

The annual competition is sponsored by the OBA Young Lawyers Division and the Oklahoma Bar Foundation. Teams are paired with volunteer attorney coaches.

The judges evaluated the students based on their familiarity of the case and the formulation of their arguments. Students received points for each phase of the trial, opening, direct and cross examination, closing argument and how well their witnesses responded.

Out of the 36 teams across the state that began competing in January, the top finishers are, in second place, Clinton High School (Gold team); third, Ada High School (Maroon team); fourth, Ada High School (White team); fifth, Okarche High School; sixth, Jenks High School (Athena team); seventh, Owasso High School (Red team); and eighth, Owasso High School (Rams team).

Retired Judge Edward Cunningham served as presiding judge during the contest finals. Scoring judges were Judge Kenneth Dickerson, Judge David B. Lewis, Judge Jequita Napoli, Judge Dana L. Rasure and Judge Millie Otey.

Nicole Longwell, a Tulsa attorney with McDaniel, Longwell, Acord & Kroll PLLC, chaired the Young Lawyers Division Mock Trial Committee.

Nearly 400 judges and attorneys volunteered their time to work with mock trial teams as coaches and to conduct the competitions.

State Mock Trial Finals Set for This Week

Mon, 28 Feb 2011 10:39:48 -0600

The Oklahoma High School Mock Trial Championship is set for Tuesday, March 1 in the Bell Courtroom at the OU Law Center in Norman. The competition will begin at 5:30 p.m

Clinton High School will compete against reigning champion Del City's Christian Heritage Academy. The winner will represent Oklahoma at the national finals in Phoenix, May 5 – 7.

OBA Committee Offers List of Proposed State Legislative Bills

Wed, 23 Feb 2011 10:38:34 -0600

As a result of its “Bill Reading Day,” the Legislative Monitoring Committee has compiled a list of bills that may be of interest to OBA members. The list is not reflective of any OBA position and does not signify opposition or support of any measure. The list of bills of interest is lengthy at this time, and it will shorten as the session progresses when bills begin to be eliminated. Making it easier to review, the list is an abbreviated summary of the legislation. To read a complete version of any bill, go to the Oklahoma Legislature home page. OBA members can do quick searches on the front page or sign into the system to do extensive bill tracking.

The following bills are part of the OBA Legislative Agenda: SB940, SB941, SB 942 and SB943. OBA members who are attending OBA Day at the Capitol on March 8, 2011, are encouraged to bring copies of any bills of interest with them to share with legislators in discussing the particular bill(s). Legislators see hundreds of bills this early in the session and having an actual copy of the legislation may make the conversation more meaningful.

Legislative Monitoring Committee Begins Efforts to Review Bills

Wed, 16 Feb 2011 10:36:46 -0600

By Duchess Bartmess

It is that time of year again. By the time this issue of the bar journal went to press, the first Session of the 53rd Oklahoma Legislature will have convened. That means the Legislative Monitoring Committee has begun its work. Because this is the first session of a new Legislature and, as always, there are a number of new members, traditionally a lot of bills and joint resolutions are introduced. This year, 1,213 bills and joint resolutions have been introduced in the House and 1,015 bills and joint resolutions have been introduced in the Senate. The LMC does not review simple resolutions and concurrent resolutions as they do not have the force and effect of law.

Read full article here...

Gurich Sworn in to High Court

Wed, 16 Feb 2011 10:34:58 -0600

Oklahoma Supreme Court Justice Noma Gurich has reported for duty at the State Capitol. District Judge Jerry Bass administered the oath of office to Justice Gurich Feb. 15 during a small ceremony at her church.

Justice Gurich, who was appointed to the post in January by then-Gov. Brad Henry, postponed taking the oath until the Supreme Court resolved a lawsuit involving the Judicial Nominating Commission. The court decided Tuesday the commission was comprised constitutionally and the decision to appoint Gurich was ruled valid.

A formal swearing in ceremony will be held in the Supreme Court chambers within the next few weeks.

Justice Gurich is only the third woman in state history to serve on the Oklahoma Supreme Court.

Justice Gurich replaces Justice Marian Opala, who died late last year.

Don't be Late! Pay Your Dues Today and Avoid Late Fees

Tue, 15 Feb 2011 10:33:29 -0600

The deadline to avoid late charges is Tuesday, February 15, 2011, and the OBA offers several easy ways to pay.

Online:

MyOKBar lets you pay securely with your credit card. All you need to get started is your bar number and PIN/password. Visit my.okbar.org to get started.

Phone:

Our Membership Department is ready to help! You can pay with your credit card by calling (800) 522-8065 during regular business hours.
(M-F, 8:30 a.m. - 5:00 p.m.)

Paper:

If you prefer to pay by mail, please use the statement that was mailed to you. Your envelope must be US Postal Service postmarked by no later than Tuesday, February 15, 2011.

In Person:

We love to have our members visit the Bar Center! If you wish to pay in person, our office address is 1901 N. Lincoln Blvd., Oklahoma City (corner of 18^th & Lincoln - one block south of the Capitol).

Our office hours are 8:30 a.m. to 5:00 p.m. , Monday through Friday.

If you have any questions about your payment, please contact Membership at (405) 416-7080.

Law Day 2011 Contest Winners Announced

Thu, 10 Feb 2011 10:32:15 -0600

Law Day 2011 contest winners have been announced. Students from pre–kindergarten to 12th grade submitted entries on the subject of "The Legacy of John Adams: Defending the Rights of the Accused." Students learned about John Adams and did a great job submitting artwork in categories of coloring, drawing, collage, creative writing, visual arts, creative free for all and YouTube categories.

See the list of winners here…

We the People: The Citizen and the Constitution State Finals

Fri, 04 Feb 2011 10:30:33 -0600

January 22, 2011, schools representing two Congressional Districts arrived at the Oklahoma Bar Center to participate in the We the People: Citizen and the Constitution State Finals. The competing schools included Enid High School and district finalists from Norman High School.

The competition allows students to exhibit their knowledge of the foundations and philosophies of the US Constitution through participation in a simulated congressional hearing. The hearing is a cumulating activity for the WTP: Citizen and the Constitution curriculum developed by the Center for Civic Education. A panel of judges interview students assigned to a specific textbook unit.

See the 2011 State Finalists and Unit Award Winners…

Edmondson to Chair Justice Commission

Fri, 28 Jan 2011 10:28:15 -0600

Former Oklahoma Attorney General Drew Edmondson has been appointed to chair the newly formed Oklahoma Justice Commission. The commission is dedicated to preventing wrongful convictions in light of a growing number of individuals across the United States who were convicted of crimes and later exonerated through DNA evidence.

Oklahoma Bar Association President Deborah Reheard of Eufaula appointed Edmondson to the post this week. She said Edmondson, now an attorney with the law firm of GableGotwals, was chosen because a person of his reputation as a fair and honest public servant is exactly what the commission was looking for.

Read the full story here…

Important 2010 Mandatory CLE Reminders

Tue, 25 Jan 2011 10:26:13 -0600

2010 Mandatory Continuing Legal Education Final Annual Reports of Compliance

- WHEN WILL THE PAPER VERSION 2010 FINAL ANNUAL REPORT OF COMPLIANCE BE MAILED?
Around 1,000 OBA members recently received a 2010 Final Annual Report of Compliance. Only those members who appear to be non-compliant according to MCLE records, or who need to report an exception were sent a paper version. If you believe you should have received one and haven’t yet, please contact the MCLE department directly (contact details below).

- THE INFORMATION ON THIS REPORT COULD BE OUT OF DATE
The data for this report was prepared on January 10, 2011. We are adding credit information to your records on a daily basis. Please check your MCLE record at MyOKBar for your most current information. If your online record shows that you are compliant, please disregard the paper version of the Annual Report.

- IF COURSES ARE MISSING FROM YOUR ONLINE RECORD AND/OR THE PAPER VERSION OF YOUR ANNUAL REPORT please add the missing seminar information to the paper version of your 2010 Final Annual Report of Compliance and return it to the MCLE office. If you are reporting credit you earned in 2011, you must also include a $100 late compliance fee. You will also be asked to provide something in writing from the sponsor that verifies your attendance.

Important information for members who are exempt from the MCLE educational requirement for 2010

The Rules of the Supreme Court of the State of Oklahoma for Mandatory Continuing Legal Education allow certain exemptions from the educational requirements. If you are unsure whether you are entitled to report an exemption, please review MCLE Rule 2.

- IF YOU DETERMINE THAT YOU ARE ELIGIBLE TO REPORT AN EXEMPTION FOR 2010, you can report your exemption online at MyOKBar. Sign in and look for the link that says "If you need to report an MCLE exemption for 2010, click here." You can also mark the appropriate exemption on the paper version of your report and return it to our office.

- THE MCLE REPORTING DEADLINE to report exemptions or credits is February 15, 2011 . If you are reporting credit you earned in 2011 to complete your 2010 educational requirement, the late compliance fee is $100. If you send the paper version of your report by the regular mail, please make sure that your documents have a post office postmark no later than February 15, 2011.

After February 15, 2011, the fee for reporting exemptions or credits is $100.

What should you do if you have attended seminars that have not been approved by the MCLE department?

If the seminars you attended have not be approved by the MCLE department, you will need to complete and submit a Uniform Application for Accreditation of a CLE Activity to the MCLE department along with the required attachments and a $15 application fee.

If you have other questions, please contact the MCLE department at (405) 416-7009, (800) 522-8065 or mcle@okbar.org. We are receiving a large number phone calls and emails during this time; we appreciate your patience as we work to assist everyone.

Constitution Competition to Showcase Local Students

Wed, 19 Jan 2011 11:04:21 -0600

(Oklahoma City – Jan. 19, 2011) – Students from Enid High School and Norman High School will head to Oklahoma City Saturday to participate in the “We the People…The Citizen and the Constitution” competition. The annual competition involves simulated congressional hearings that give the students the opportunity to evaluate, take and defend positions on historical and contemporary issues. The competition kicks off at 8:30 a.m. at the Oklahoma Bar Center.

Three teams totaling 76 students from Enid High School and Norman High School are competing in the program. To prepare, the students have studied a curriculum that focuses on the history and principles of the U.S. Constitution. For competition, each team will form six small groups with each group making remarks on a different topic in the hearing format. Following prepared presentations, students must answer questions, and judges score the team on its efforts in both segments.

“The We the People instructional program curriculum enhances students’ understanding of the institutions of American constitutional democracy,” said Oklahoma Bar Association Law-related Education Coordinator Jane McConnell. “Our simulated congressional hearings provide an avenue for high school students to demonstrate their knowledge and understanding of constitutional principles. The results of a nationwide research study affirm that students utilizing the We the People curriculum display significantly greater ‘political tolerance’ and commitment to principles and values of the Constitution and Bill of Rights.”

We the People is sponsored by the California-based Center for Civic Education and the U.S. Department of Education. The OBA administers the We the People program locally through its Law-related Education Program.

OBA members as judges are Judge David Lewis, Judge Jerry Bass, Judge Daman Cantrell, Breea Bacon, Jack G. Clark Jr., Brian Hermanson, Kelly File, Richard Goralewicz, John Thomas Hall, Judge Lisa Hammond, David Hopper, Barbara Kinney, Jan Meadows, Jane Pennington, Jeri Towler and Mike Wofford. Other volunteer judges are Rep. Gary Banz, Jill Daughtery, Eugene Earsom, Margaret Ellis and Jim Sheffield.

State Alumni Representative and OBA member Brady Henderson will serve as a district coordinator along with Miguel Portillo, Rep. Ed Cannaday, Cheri Franklin, Dianna Morgan and Becky Walderbach. Other event volunteers are Karina Henderson and OBA member Adam Wilson, both program alumni.

The 16,000-member Oklahoma Bar Association, headquartered in Oklahoma City, was created by the Oklahoma Supreme Court to advance the administration of justice and to foster and maintain learning, integrity, competence, public service and high standards of conduct among Oklahoma’s legal community.

Meet 2011 OBA President Deb Reheard

Tue, 18 Jan 2011 11:02:35 -0600

"Hardworking" has been a defining characteristic of new OBA President Deborah Reheard since her childhood in Vinita, where she grew up on a dairy farm just outside the Northeastern Oklahoma community. She credits her small-town upbringing, along with her parents, for instilling her with good common sense and the strong work ethic she applies in her law practice and personal life today.

"Dad milked cows everyday at 6 a.m., working a herd of 100 head and farming 2,000 acres,” the Eufaula attorney said. “My parents worked very hard so we would have it better than they did."

From childhood in a two-room schoolhouse she moved on to Vinita High School, where she was a member of the first ever Blue Pride Drill Team. "We thought we were the Dallas Cowboys Cheerleaders," she said. It was winning an essay contest and a trip to Washington, D.C., that convinced Ms. Reheard to put pompoms aside and instead pick up a pen to pursue a career in journalism.

Her lifelong love for animals initially sent her to Oklahoma State University where she planned to focus her studies on veterinary medicine and agricultural journalism. Ultimately she completed her studies at Northeastern State University in Tahlequah, working all the while for her small-town newspaper. She wrote and served as editor for a number of community newspapers after graduating, reporting on crime and courts. That was where her interest in the law began to take shape. President Reheard said, "I thought to myself 'I can do that,' and realized I would like it. When I was 27 years old, the opportunity came along to go to the TU College of Law full time, so I took it."

While in school, she interned at the city attorney’s office in Tulsa, eventually landing a full-time job there after graduating and passing the bar exam in 1987. Later she worked as an assistant district attorney in Craig, Mayes, Rogers, Ottawa and Delaware counties. "My mentor, Rockey Boydston, gave me the opportunity to take over his solo practice in Eufaula in 1991," she said. "I've been there ever since."

President Reheard says the majority of her practice is focused on family law and criminal defense, but she takes on a wide variety of cases. "In a small town you draw a bit of everything. What draws me to the law is the advocacy work, and what I enjoy most is trial work. What I love about being a lawyer in a small community is that it’s about problem solving and helping people."

She believes her nearly two decades in private practice are strong qualifications for her leadership of the Oklahoma Bar Association this year. "The law is a tough business to be in, so we need to be able to provide our members with the services they need to be effective in their practices," she said. "I travel around the state to work on cases, I don't practice in one county, and I am out of my office a lot in court. I think I've got a good handle on what the vast majority of the attorneys want, need and think about our association."

President Reheard is a self-described "bar junkie," having served on the OBA Board of Governors since 2006. She also served a six-year term on the Judicial Nominating Commission, including serving as its chairperson, and is a frequent CLE presenter on the topic of bar disciplinary proceedings. In fact, she estimates for the last 10 years, almost all of her spare time has been spent on bar activities. "When I am doing trial work, there are clients, there is opposing counsel, people are not always on their best behavior and there are interactions that lead to problems," she said. "There are just a lot of people who are mad at each other. When I am doing bar work, I am around other attorneys who love the profession and the association. It's a way to interact with other attorneys advocating toward a common goal rather than butting heads in a courtroom."

President Reheard says taking a leadership role was important to her personally because she had specific projects she wanted to work on as bar president. Providing legal assistance for military service members and veterans is her top priority.

"I was thinking about things I need to do and my term happened to coincide with a year our state will be sending 4,000 troops to Afghanistan," she said. “So we created Oklahoma Lawyers for America's Heroes, working with the Pros 4 Vets organization to provide legal services. I had limited exposure to the military growing up, but I was seeing so many people come through my office that we could trace a lot of their problems to their military service. Service members have made sacrifices for us. We need to do a better job of helping them when they come back.

We have also started a special committee to deal with the unauthorized practice of law. Oklahomans are being taken in by unscrupulous people pretending to be attorneys, and we are going to put a stop to it. It's about protecting the public."

With a busy legal practice of her own to maintain in Eufaula, it’s natural to wonder whether there are enough hours in day to accomplish all the goals President Reheard has laid out for her term.

"I have great staff and family support," she responds. "I have planned for this. I have a longtime assistant, Kim Wegner, and another very competent attorney in my office, Steve Barnes, plus a part-time secretary, Cindy Bacon. We will adjust and it will all work out."

President Reheard has been married 22 years to Dale Gill, who is originally from Texas. Together they own a working ranch in Checotah, where they breed, train, and show reining and working cow horses. Their work recently extended from the equine to the canine, when they began breeding Fell terriers, hunting dogs originating in England and Ireland. The couple occasionally travels across the Atlantic together to import the dogs to Oklahoma. In addition, President Reheard has four pet dogs of her own. Bruiser is a Fell terrier who was abandoned by his mother. Maxie and Zeb are Jack Russell terriers the couple rescued from owners who were unprepared for the challenges of the rambunctious breed. Then there is the alpha dog, Tater, a rat terrier who came to the couple through a case of mistaken identity.

"I was doing an adoption for a family who raised rat terriers," she explained. "I told the mother that my husband always wanted one of those, even though what he really wanted was a completely different kind of dog. But then this little girl comes into my office with a box of puppies about eight weeks old, so small you could hold them in the palm of your hand. The little girl tells me she'd like me to have one, because I was the one making her ‘daddy’ her real father for the rest of her life. And that's how I got Tater, who is the meanest damn dog you’ve ever seen in your life."

President Reheard believes her competence as an attorney along with her desire to work exceptionally hard is what best qualifies her to lead the OBA. She notes that 2011 is a historic year for the association; for the first time in its 106 years a woman is serving in the three top spots on the Board of Governors: herself as president along with Cathy Christensen serving as president-elect and retired Judge Reta Strubhar serving as vice president.

"I watched Melissa (DeLacerda, 2003 OBA president) and Mona (Salyer Lambird, 1996 OBA president) and saw what they did to promote not just women but promote all attorneys, and I thought we had come a long way. I’ve never wanted to be the first ‘woman’ anything. I just go out and do what I need to do. Sometimes because I didn't know any better," President Reheard laughs. "I think we've come to the point where we are taking leadership roles not because we are women, but because we are great attorneys who just happen to be women."

New Bar Leaders Take Oath, Women in Top Three Offices

Tue, 11 Jan 2011 11:00:58 -0600

Oklahoma Supreme Court Chief Justice Steven Taylor will swear in nine attorneys to the Oklahoma Bar Association Board of Governors at 10:30 a.m. Friday [Jan. 14] in the Supreme Court Courtroom at the state Capitol.

For the first time in the association's 107-year history, women will occupy the top three offices on its Board of Governors. Eufaula attorney Deborah Reheard will be sworn in as president, Oklahoma City attorney Cathy Christensen will serve as president-elect, and retired Judge Reta Strubhar of Piedmont will take the oath of office as vice president.

Reheard has been a solo practitioner since 1991 and was admitted to the Oklahoma Bar Association in 1987. Her law practice focuses on family law as well as criminal defense and bar disciplinary defense. She earned her J.D. from the University of Tulsa College of Law in 1987, after receiving a bachelor’s degree from Northeastern State University. She worked as a journalist before entering law school, covering general news assignments is several communities in northeastern Oklahoma. She will continue to operate her law practice while serving as president of the bar association.

Reheard's top goal for the OBA is launching a program that will provide free legal assistance to military service members in need.

Christensen will become OBA president on Jan. 1, 2012. She has practiced in Oklahoma City since 1986, focusing on family law and general civil litigation. In addition to a term as a board member on the OBA Board of Governors, she previously served as the association’s vice president in 1994.

Strubhar was the first woman to serve on the Oklahoma Court of Criminal Appeals. She served on that court from 1993 to 2005 and was its presiding judge from 1999-2000. As vice president, she will serve a one-year term along with Tulsa attorney Allen Smallwood, who is the bar association’s immediate past president.

Other OBA Board of Governors members being sworn in for three-year terms are Gerald Dennis, Antlers; Renée DeMoss, Tulsa; Christopher Meyers, Lawton; and Scott Pappas, Stillwater. Young Lawyers Division Chairperson Roy Tucker of Muskogee will take the oath of office to serve on the board for one year.

Gov. Henry names Judge Noma Gurich to Supreme Court

Mon, 10 Jan 2011 10:58:20 -0600

On Friday, Jan. 7, 2011, Governor Brad Henry announced the appointment of Judge Noma Gurich to the Oklahoma Supreme Court.

Judge Gurich, who has served as a district judge in Oklahoma County since 1998, will succeed Justice Marian Opala, who passed away late last year.

She is only the third woman in state history to be appointed to the Oklahoma Supreme Court.

“This was an extremely difficult decision because all of the candidates are well respected and highly qualified,” said Gov. Henry. “I could not go wrong selecting any one of the nominees, but I could only choose one, and in the final analysis, I felt Noma Gurich had the best qualifications and experience to serve on the state’s highest court.

“During her distinguished legal career, Judge Gurich has compiled an exemplary record of service on the bench and has consistently demonstrated the judicial temperament and intellect necessary to be an outstanding Supreme Court Justice. I know she will perform her new duties with great professionalism and integrity, and I greatly appreciate her willingness to serve.”

Gov. Henry selected Judge Gurich from a list of three candidates compiled by the Judicial Nominating Commission.

Judge Gurich has been a district judge in Oklahoma County since 1998 and acted as presiding judge from 2003-2004. She has also overseen the multi-county grand jury. Additionally, she served on the Oklahoma Workers Compensation Court for 10 years and worked in private practice.

Judge Gurich holds a bachelor’s degree from Indiana State University and a law degree from the University of Oklahoma College of Law. She resides in Oklahoma City with her husband.

Applicant List Released for February 2011 Bar Exam

Wed, 05 Jan 2011 16:32:40 -0600

Get the full list online at okbar.org.

New Chief Justice a Man with a Mission

Tue, 04 Jan 2011 13:47:32 -0600

Chief Justice Steven W. Taylor was sworn in to his new position Monday during a short ceremony at the state Capitol. Afterwards, he commented that “It is not a job—it is a mission,” and that the court “had work to do.”

Justice Taylor will serve a two-year term, succeeding Justice James Edmondson. Serving as Vice-Chief Justice is Tom Colbert.

Kick off 2011 with OBA/CLE Webcast Replays

Mon, 03 Jan 2011 13:42:34 -0600

Miss one of last year’s programs or still need a little credit? Then check out our listing of webcast replays on the calendar, and make sure to visit OBA/CLE’s online archive for a full listing of programs.

Military Members Allowed MCLE Waiver

Wed, 29 Dec 2010 16:08:45 -0600

OBA members who were called to active duty during 2010 may request that the Mandatory Continuing Legal Education Commission grant a waiver of any remaining CLE credit for 2010.

Members need to complete and submit a copy of the Application to Request a Waiver just as soon as possible.

OBA members who were active duty for the entire year do not need to request a special waiver, but do need to report their exemption.

Affected members are eligible to report an exemption from earning and reporting CLE. Online reporting of exemptions for 2010 takes place in January and early February 2011. The reporting deadline is February 15, 2011. Please don't miss this deadline because there is a $100 charge for late reporting.

Thank you for your service and please let us know if there is anything we can do to assist you. Contact the MCLE department by e-mail at mcle@okbar.org or by phone at (405) 416-7009.

MCLE Deadlines Approaching as the Year Ends

Mon, 20 Dec 2010 11:56:33 -0600

We all know that the holidays are coming and that proverbial goose is getting fat, but did you remember that the deadline to earn your remaining CLE credit for 2010 is December 31?

If you’re not sure how much credit you need, go to Check MCLE Credits on MyOKBar to get started.

We also have a Frequently Asked Questions Page to help you answer your MCLE questions. If you don’t find the answer to your question, read the full article online for a bonus round of FAQs. And if you still don’t find your answer, please call the MCLE department at (405) 416-7009 or email mcle@okbar.org.

When you access your MCLE records online, you can also pay your dues, sign up for section membership, donate to Lawyers Helping Lawyers and the Oklahoma Bar Foundation.

The Burnout Pandemic: Accommodating Workaholism in the Practice of Law

Fri, 17 Dec 2010 15:13:25 -0600

This month's Oklahoma Bar Journal features an article from a former Oklahoma lawyer who struggled with depression until it took everything he held dear.

Take time to read this personal description of the downward spiral of depression that caused a laywer to lose his license, and how reaching out to LHL could have helped.

Read one former lawyer’s story: Don’t let this happen to you.

Find out more about Lawyers Helping Lawyers at okbar.org/LHL.

Committee Signup Deadline Extended

Mon, 13 Dec 2010 15:10:40 -0600

Looking for a way to get more involved in your association? The OBA has several committees looking for members.

Committees are an essential part of the OBA; membership is a way to be involved in a meanful way, and to be on the "leading edge" of the practice of law today.

The deadline for the committee nomination process has been extended to Dec. 17.

~~It takes only a few moments to sign up online, so don't delay - sign up today!~~

Lawyers Helping Lawyers Support Group Meeting

Tue, 07 Dec 2010 11:37:32 -0600

To help support a healthy work/life balance, Lawyers Helping Lawyers hosts monthly support group meetings for OBA members. This month, Men Helping Men will meet Thursday, Dec. 9 @ 5:30 p.m. in Oklahoma City.

For more information about Lawyers Helping Lawyers, visit okbar.org/LHL.

OBA/CLE Presents: Writing to Win

Mon, 06 Dec 2010 11:30:35 -0600

Featuring award-winning author William Bernhardt, this OBA/CLE seminar will be presented in Oklahoma City (12/10) and Tulsa (12/17).

Free Legal Advice: Wills and Trusts

Wed, 01 Dec 2010 13:52:37 -0600

The Oklahoma Bar Association provides several free brochures covering a variety of legal topics. They are available in many libraries and courthouses, and online at the OBA website.

One of the more popular online brochure is theDo You Need a Will or Trust?, which provides some information about the differences between the two, and who can benefit from having one of these documents.

Read more about this brochure at www.okbar.org/s/wills.

OBA House of Delegates Elects 2011 Board of Governors

Fri, 19 Nov 2010 14:15:28 -0600

Eufaula lawyer Deborah A. Reheard will serve as president of the Oklahoma Bar Association for 2011. Members of the OBA Board of Governors elected to serve with her were announced at the OBA’s 106^th Annual Meeting Friday in Tulsa.

Cathy Christensen of Oklahoma City will serve as president-elect during 2011, and Judge Reta M. Strubhar of Piedmont will fill the office of vice president.

This marks the first time in the OBA’s 106-year history that women will hold its top three leadership positions.

Governor Receives Award of Appreciation at OBA Annual Meeting

Thu, 18 Nov 2010 14:13:23 -0600

Oklahoma Governor Brad Henry was recognized by the Oklahoma Bar Association at its 106th Annual Meeting, held in Tulsa this week.

OBA President Allen Smallwood presented Gov. Henry with the Award of Appreciation for his hard work on behalf of all the people of Oklahoma, compassion for low-income Oklahomans and dedication to the rule of law.

106th Annual Meeting Kicks Off

Tue, 16 Nov 2010 10:59:16 -0600

The Oklahoma Bar Association will hold its 106th Annual Meeting Nov. 17-19 at the Crowne Plaza Hotel in Tulsa.

Approximately 500 lawyers are expected to attend the meeting, which returns to Green Country after a four-year run in Oklahoma City.

For complete details, visit okbar.org/annualmeeting10.

Preparing for a Spring Deployment

Wed, 17 Nov 2010 17:31:41 -0600

Each year, we take time to celebrate and honor those who have served in our nation’s military. Parades and ceremonies, frivolity and solemnity—these are the hallmarks of Veterans Day. We honor America’s veterans for their patriotism, love of country and willingness to serve and sacrifice for the common good.

This year, we also want to do a bit more.

The OBA is proud to announce Oklahoma Lawyers for America’s Heroes, an initiative to provide legal services to service members, veterans, and their families.

Find out more about this great program, including how to get involved, at www.okbar.org/heroes.

Free Legal Information: Rights and Duties of a Tenant

Fri, 12 Nov 2010 10:57:39 -0600

The Oklahoma Bar Association provides several free brochures covering a variety of legal topics. They are available in many libraries and courthouses, and online at the OBA website.

The most popular online brochure is the Rights and Duties of a Tenant, with over 14,000 views in the past 12 months.

Read more about this brochure at www.okbar.org/s/tenant.

Governor Appoints Judge to State Supreme Court

Fri, 05 Nov 2010 16:17:04 -0600

Gov. Brad Henry has appointed Pottawatomie County Presiding District Judge Douglas L. Combs to the Oklahoma Supreme Court.

He will replace Justice Rudolph Hargrave, who will retire Dec. 31.

Judge Combs is a Shawnee native who earned his juris doctorate from Oklahoma City University in 1976. He has served as district judge for Pottawatomie County since 2003. He previously served as a special judge in Pottawatomie County from 1995 through 2003 and was in private practice prior to that.

“Judge Combs has the temperament, intellect and experience to be an outstanding Supreme Court justice,” Gov. Henry said. “He has a long history of public service and I know he will perform his new duties with the greatest professionalism, integrity and sense of duty to the citizens of our state.”

Free Legal Information Available Online

Thu, 04 Nov 2010 16:13:13 -0600

Did you know the OBA provides free legal guides for both the public and for attorneys?

The OBA produces print versions of several brochures covering topics such as landlord/tenant relationships and agreements, living wills, and divorce; they are found in most libraries and courthouses throughout the state. We also have the text of these brochures available online for free.

In the coming weeks, we will be highlighting some of these brochures and some innovative ways to use them.

In the meantime, visit okbar.org/public/brochures for more information.

Celebrating Pro Bono Week

Sat, 30 Oct 2010 09:22:02 -0600

October 24-30 marks Pro Bono Week, a nationwide recognition of helping those in need of legal aid who might not be able to afford it.

In celebration of this special week, the OBA is highlighting the efforts of some of our members in this area.

Read the first installment: Pro Bono Service Gives People Hope

Update: The second article is now online. Read Making Time to Do It — Pro Bono Publico online now.

Courthouse Book to Benefit Bar Foundation

Mon, 25 Oct 2010 15:58:24 -0600

The Oklahoma Bar Foundation will receive part of the proceeds from the sales of a book about Oklahoma's courthouses, which is slated for a November 1, 2010 release. The book titled, Oklahoma Courthouse Legends is the work of photographer David Fitzgerald and author and attorney Kent F. Frates.

In words and pictures, Oklahoma Courthouse Legends tells stories that are handed down and sometimes even embellished around Oklahoma’s courthouses. The book features a rich historical cast of fearless lawmen, ferocious prosecutors, noted judges, evil criminals and noteworthy lawyers. Marshall Bill Tighlman, “Machine Gun” Kelly, “Pretty Boy Floyd”, Temple Houston and Belle Starr are just some of the people chronicled in the book. You will also get a glimpse of the trial of Governor David Hall, the integration of Oklahoma University Law School, the capture of Timothy McVeigh and U.S. Supreme Court Justice Thurgood Marshall’s court appearances in the Sooner State.

Each courthouse’s appearance and character is captured by Fitzgerald’s photographs of Oklahoma’s 77 county courthouses and 4 United States District Courthouses.

For more information, and to order the book, visit CourthouseLegends.com.

OBA Members “Make a Difference”

Fri, 22 Oct 2010 16:07:49 -0600

Each year, the Oklahoma City-based Journal Record's "50 Making a Difference" program has honored women serving their communities and beyond. Each year, OBA members are proudly part of those nominated and selected, and 2010 is no exception.

Out of the 50 selectees, 9 of them are members of the Oklahoma Bar Association, including a judge and members of the OBA's Board of Governors.

The OBA salutes these women, and all those who serve the people of Oklahoma.

OBA members "Making a Difference" in 2010

Renée DeMoss, GableGotwals, Tulsa
Sarah Hansel, Hall Estill, Tulsa
Karen Keith, Tulsa County Courthouse, Tulsa
Jacqueline Miller, Oklahoma Corporation Commission, Oklahoma City
Susan Shields, McAfee & Taft, Oklahoma City
Natalie Shirley, Oklahoma Department of Commerce, Oklahoma City
Michelle Skeens, Holden & Carr, Tulsa
G. Gail Stricklin, private practice attorney, Oklahoma City
Molly Tolbert, Crowe & Dunlevy, Oklahoma City

OBA Sponsors Peer Mediation for Students

Wed, 13 Oct 2010 14:51:50 -0600

The OBA's Law-related Education Department hosted a day of Peer Mediation Training provided for elementary and secondary school students through the Peaceful Resolutions for Oklahoma Students program. The PROS program operates through a partnership between the Administrative Office of the Supreme Court and the OBA's Law-related Education Department.

Interim MCLE Reports Sent to Members

Wed, 13 Oct 2010 14:50:07 -0600

Are you wondering about your CLE credit for 2010? Check your email inbox. You may have already received your 2010 Interim MCLE Report. If you are not exempt, you have until December 31, 2010 to earn any remaining credit you need for 2010 without having to pay a late fee.

Death of Supreme Court Justice Marian Opala Mourned

Tue, 12 Oct 2010 17:41:12 -0600

Justice Marian P. Opala passed away on Monday, Oct. 11, 2010, after suffering a massive stroke. Funeral services will be held at 4 p.m. on Monday, Oct. 18, at All Souls’ Episcopal Church, 6400 N. Pennsylvania Ave., Oklahoma City.

Update: Tributes to the late Justice.

He was born in 1921 in Lodz, Poland and became a United States citizen in 1953, the same year he graduated from the Oklahoma City University School of Law. In 1957, he earned a BSB degree in economics from OCU and in 1968 his master of law degree from New York University School of Law. Justice Opala began his legal career as assistant county attorney in Oklahoma County and held this position until 1956 when he entered private practice. He first served the Supreme Court of Oklahoma as a referee from 1960 to 1965. Later he was staff lawyer for Justice Rooney McInerney. For nine years (from 1969 to 1977) he directed the state's court system as its first administrative director. He served as judge on the State Industrial Court when it was renamed (in 1977-1978) the Workers’ Compensation Court.

On Nov. 21, 1978, the then-governor, now OU President David Boren appointed him to the Supreme Court of Oklahoma. Voters retained him in 1980 for the unexpired term of his predecessor. In 1982, 1988 and 1994 he was retained for six-year terms. He served as the court's chief justice from Jan. 1, 1991 to Dec. 31, 1992. The author of numerous legal papers, Justice Opala was an adjunct professor in three law schools—at the University of Oklahoma, Oklahoma City University and the University of Tulsa—and a frequent lecturer at various national judicial and legal education programs. Since 1982, he had been an Oklahoma commissioner in the National Conference of Commissioners on Uniform State Laws. A member of the Order of the Coif and the American Law Institute, he was appointed in December 1993 as a public member of the Administrative Conference of the United States.

OBA President Allen Smallwood of Tulsa said, “Justice Opala was a well respected legal scholar, a true intellect and a giant in developing the jurisprudence in this state. In addition to his work on the bench, he was very generous in the giving of his time to teaching and lecturing on the law, which was his true passion. Justice Opala was a classic American immigrant success story. As a teenager he fought the Germans in the Second World War for his native Poland, immigrated to the United States and ended up as a justice on the Oklahoma Supreme Court. We will all miss him, and he leaves tremendously large shoes to fill.”

View a recent 60-minute television interview with Justice Opala, conducted by OBA member and OETA news anchor Dick Pryor. You can also read Mr. Pryor's review of that interview on his blog.

OBA Announces 2010 Award Winners

Mon, 04 Oct 2010 15:02:55 -0600

There are many things to be proud of when it comes to the legal profession, and the OBA wants to recognize the people and groups whose work is a shining example to others. OBA award winners are being recognized for their achievements that distinguish them as role models within the legal community.

The 2010 OBA award winners are…

Five Honored with 2010 Lambird Spotlight Awards

Mon, 04 Oct 2010 15:01:45 -0600

Each year 5 women are honored with the Spotlight Award, which is presented at the annual Women in Law Conference.

The award is named for the first female OBA President and early award winner Mona Salyer Lambird. Nominees are selected by previous award winners; winners names appear on a plaque in the Oklahoma Bar Center.

And the winners are…

OBA Creates Justice Commission

Tue, 05 Oct 2010 09:37:46 -0600

At its Sept. 24 meeting, the OBA Board of Governors approved a resolution creating the Oklahoma Justice Commission, which will be dedicated to enhancing the reliability and accuracy of convictions.

Committee members will represent a wide range of people from the criminal justice community including district attorneys from urban and rural areas, defense attorneys, judges, law enforcement officers, legal scholars, legislators, public defenders, forensic science experts and victim advocates.

Read the full resolution…

LRE Hosts Citizenship Training

Tue, 05 Oct 2010 09:36:29 -0600

Workshops for Representative Democracy in America and Project Citizen were held for Oklahoma teachers at the Oklahoma Bar Center in Oklahoma City on Sept. 25.

Welcome New Members

Thu, 30 Sep 2010 14:05:55 -0600

We want to welcome all the new members of the Oklahoma Bar Association. It's exciting to have you join the ranks of those who are serving Oklahomans. Here's some information to help get you started:

Bar Exam Results Announced

Fri, 10 Sep 2010 16:20:02 -0600

The Board of Bar Examiners has released the results of the July 2010 exam. A total of 317 passed the test - an 85% pass rate.

Get the complete list here, with details about the swearing-in ceremonies scheduled for Thursday, Sept. 23.

Opening Your Law Practice

Thu, 09 Sep 2010 16:20:22 -0600

New lawyer? Rejoining private practice? Hanging up your own shingle? Join us for a special free program: Opening Your Law Practice!

Get more info here…

OBA 106th Annual Meeting

Tue, 07 Sep 2010 16:35:58 -0600

Registration is open for the Oklahoma Bar Association's Annual Meeting, held Nov. 17-19 at the Crowne Plaza Hotel in Tulsa.

Find out more about the event, including the multi-track CLE offerings, meetings, and entertainment at okbar.org/annualmeeting10.

Changes in Latitudes, Changes in Attitudes

Tue, 07 Sep 2010 16:34:04 -0600

The OBA's Women in Law Conference 2010 is just around the corner! Join your fellow attorneys for this annual celebration featuring Dr. Arin Reeves as the guest speaker.

Get all the details and register online at okbar.org/women.

Citizenship Training Provided to State Educators

Fri, 27 Aug 2010 16:31:47 -0600

The Oklahoma Bar Association Law-related Education Department held the annual state workshop for the We the People: the Citizen and the Constitution program on August 21, 2010.

CIVITAS World Congress on Civic Education

Wed, 18 Aug 2010 16:32:58 -0600

The Center for Civic Education’s fourteenth annual World Congress on Civic Education was held in Jakarta, Indonesia from July 23 – July 27, 2010. The theme was “Embracing Diversity and Building Unity through Civic Education”.

Blaine County Bar President Elects New President

Fri, 06 Aug 2010 16:29:36 -0600

Blaine County Attorney Veva Daugherty was recently elected as the Blaine County Bar President. Ms. Daugherty is a sole practitioner with emphasis in the areas of real estate and probate.

Ms. Daugherty plans to work with other lawyers in the community in order to plan meetings and law day activities that will be interesting and informative.

She graduated in May of 1977 from Oklahoma City University and has practiced continuously since that time in Watonga, with emphasis in the area of real estate and probate. She also serves on the Board of Directors for the Oklahoma Land Title Association, and is the Past President of the Watonga Chamber of Commerce. Her hobbies are her grandchildren.

Find out more about all 77 of the Oklahoma County Bar Presidents at okbar.org/members/countybars.

OBA Welcomes Delegation from China

Fri, 30 Jul 2010 16:46:56 -0600

In July the OBA hosted a reception and dinner for Chinese law students from Nankai University and lawyers from the Tianjin Bar Association who were in Oklahoma City to attend the Certificate in American Law Course at the OCU School of Law.

You can view some of the photos taken at the reception online at okbar.org/albums.

Unlicensed Practice of Law Special Committee Formed

Tue, 27 Jul 2010 16:45:33 -0600

President-Elect Deborah Reheard has identified as one of her initiatives for 2011 a study of the unauthorized practice of law. The initial meeting of the UPL Special Committee was held recently comprised of members of the Professional Responsibility Commission and other attorneys and judges from across the state who have expressed an interest in dealing with UPL issues.

“It has been about 20 years since the Association has taken a real good look at this issue. The Oklahoma Supreme Court has charged the OBA through the Professional Responsibility Commission and the General Counsel’s office with the regulatation and prosecution of the unauthorized practice of law. During the time I was running for President, many attorneys and members of the public expressed concern that this was an area which needed to be addressed by OBA leadership. Our General Counsel’s office is currently seeking civil remedies in several of these cases. Greater awareness of the scope and extent of the problem can only result in us doing a better job protecting the public from unscrupulous unlicensed persons preying on the unsuspecting,” Reheard said.

The special committee works closely with the PRC which has the responsibility to review complaints and authorize litigation when protecting the public becomes necessary. PRC members and past OBA Presidents Melissa Delacerda and Bill Grimm are co-chairing the UPL Special Committee.

Committee members are:

Deborah Reheard
Cathy Christensen
Doug Stump
Julie Bays
Judge Mary Fitzgerald
Judge James Croy
Judge Rick Bozarth
Chad Locke
Bill Nunn
Michelle Nelson
David Tracy
Julie Strong
Mark Hixson
David Poarch
Stephen Beam
Tony Blasier
Gina Hendryx
Katie Ogden
John Williams

Look for further stories and details as the special committee continues its work.

E-mail Lists Enhance Section Communications

Thu, 29 Jul 2010 17:07:17 -0600

OBA sections cover many substantive areas of law from the Family Law Section to the Intellectual Property Law Section. Some of you may not be aware of how the Oklahoma Bar Association's sections can communicate and share information with their members through e-mail lists.

OBA's Management Assistance Program Director Jim Calloway takes a look at how these e-mail lists are enhancing quick communication between members.

Chief Justice Edmondson to Appear on The Verdict

Sat, 17 Jul 2010 14:44:09 -0600

Oklahoma Supreme Court Chief Justice James E. Edmondson will appear on The Verdict this Sunday, July 18^th at 9:00 a.m. The Verdict is a television show hosted by OBA member Kent Meyers and Oklahoma City Mayor Mick Cornett where guests discuss legal or social issues of general interest to the viewers.

This week’s topic is “Hail to the Chief!”; several items are slated for discussion, including selection of the justices and the status of the new building for the Court.

For a complete listing of topics and show times, visit The Verdict’s website.

Update: re-broadcasts are scheduled for Monday, July 19 at 9:30 a.m., Tuesday, July 20 at 10:00 a.m. and Wednesday, July, 21 at 10:00 a.m.

Several Oklahoma Attorneys Seeking Election in 2010

Fri, 16 Jul 2010 17:04:19 -0600

The summer heat is here, and with it, the hotly contested seats in Oklahoma government.

Oklahoma Lawyers Association Executive Director Thad Balkman gives a rundown on the over 40 OBA members who are looking to fill the role of elected official.

Officer Nominations Being Accepted

Fri, 16 Jul 2010 17:03:11 -0600

Nominations are now being accepted for positions on the OBA Board of Governors.

Elections for contested positions will be held at the House of Delegates meeting Nov. 19, during the OBA Annual Meeting.

View the nominees and download nomination packets at okbar.org/bog.

Awards Nominations Deadline Set

Fri, 16 Jul 2010 16:55:15 -0600

Each year the OBA presents awards to deserving people who have served the legal community in a special way during the year. These awards are presented during the Annual Meeting in November, and are the direct result of nominations by OBA members.

You can nominate someone today by filling out a nomination form and sending it in before August 11, 2010.

Find out more about the awards process at okbar.org/awards.

Local Court Rules Revised

Tue, 06 Jul 2010 10:19:30 -0600

Some of the Local Court Rules for the 7^th and 26^th Administrative Judicial Districts have recently been revised. As a courtesy to the public, the Oklahoma County Law Library has printed a booklet containing the Local Rules including the revisions, which is available at the Law Library located on the second floor of the Oklahoma County Courthouse. Booklets are $3.00 each.

The Local Court Rules as revised are also available on line at the Oklahoma County Law Library website.

For more information contact the Law Library at (405) 713-1353.

I Wonder What Happened to 'You'?

Fri, 02 Jul 2010 10:20:37 -0600

OBA president Allen Smallwood has served in many capacities in his career—including as a Marine serving in Vietnam. It was there that Mr. Smallwood encountered 'You'.

As America prepares to celebrate another year of independence, take a look into the life of a man whose service helped promote independence throughout the globe.

Tulsa Veterans Treatment Court a National Model

Fri, 02 Jul 2010 09:58:19 -0600

Oklahoma is home to over 329,000 veterans; over 47,000 of them reside in Tulsa County alone. With such a concentrated population, the courts were seeing an increase in arrests of veterans—an average now of 300 a month, up from 150 in 2008.

That's one of the reasons Tulsa District Court Judge Sarah Day Smith worked with Veterans Affairs to start a court for nonviolent felons in December 2008 with 38 eligible offenders. Now less than two years later, the court is a model throughout the nation.

Read the rest of the story on okbar.org.

Tahlequah Attorney Cooks it Up on Local TV Show

Thu, 01 Jul 2010 16:01:52 -0600

OBA member and Assistant Attorney General of the Cherokee Nation, Chrissi Nimmo, is hosting a cooking show on INTV Channel 25 on Tahlequah Cable. The first two episodes have already aired, and future episodes will air every other week.

INVT is only available on television in Tahlequah, but you can watch all the episodes on YouTube. The first segment is here, along with links to the others.

Special Judge Appointed in Cleveland County

Wed, 30 Jun 2010 15:54:16 -0600

Attorney Steven L. Stice was recently appointed to the bench in Cleveland County. Expected to be sworn in July 1, Mr. Stice will replace the recently vacated seat of Judge Rod Ring, who most recently held the position before taking over as district judge.

Mr. Stice has been a member of the Oklahoma Bar since 1996 and currently practices in Norman.

Law-related Education Continues with Foundations of Democracy Program

Mon, 28 Jun 2010 09:54:56 -0600

Twenty educators representing eighteen Oklahoma schools and two representatives from the Center for Civic Education attended the third annual Hatton W. Sumners Foundations of Democracy Institute.

The Institute was held June 14-18, 2010, at the Renaissance Hotel and Convention Center in Tulsa. The institute highlighted the four essential concepts essential for establishing and maintaining a democracy; Responsibility, Privacy, Authority, and Justice.

2008 and 2009 MCLE Compliance

Thu, 24 Jun 2010 09:54:07 -0600

There are only a few more days to satisfy any outstanding MCLE obligations that you might have for 2008 and 2009.

If you are suspended for noncompliance with the MCLE requirements for 2008 or have yet to complete your 2009 MCLE obligations, you have until Tuesday, June 29. All credit must be earned and reported, all the required documents filed and all fees paid by the close of business on that day.

If you have questions, please contact the MCLE Department at (405) 416-7009 or e-mail mcle@okbar.org.

Mobile Computing for Attorneys

Wed, 23 Jun 2010 16:14:44 -0600

With the launch of Apple's iOS 4 software for the iPhone on June 21^st and the new iPhone hardware shipping July 14, many more attorneys are looking to mobile devices to assist them in their practice.

OBA’s Management Assistant Program director Jim Calloway takes a look at some of the features of the iPhone platform, and how mobile computing is helping shape the future of business.

The OBA is Hiring!

Mon, 21 Jun 2010 14:49:02 -0600

The Oklahoma Bar Association is hiring a Publications Specialist for the Continuing Legal Education department. This person is primarily responsible for compiling and preparing for dissemination, hard copy and electronically, all materials for seminars given by OBA/CLE.

For more information about this position, and to find out how to apply, visit okbar.org/jobs.

Bar Foundation Grant Benefits Oklahoma Juvenile Bureau

Tue, 15 Jun 2010 14:41:29 -0600

The Oklahoma County Juvenile Bureau recently received the Oklahoma Bar Foundation (OBF) Court Grant Award for Physical Court Improvements. The funds from the grant were used to build a new waiting area for persons attending juvenile court hearings.

A dedication ceremony took place May 11 at the Oklahoma County Juvenile Bureau to officially open the new waiting area. A plaque presented by the OBF was unveiled to commemorate the new waiting room.

Facebook: Fired Up or Just Fired?

Tue, 15 Jun 2010 14:38:59 -0600

There’s no doubt that Facebook participation can be an asset to any business. The question is, how can you use it to promote your practice and firm and still maintain caution in the way you use it? What should the partners and office manager post? Where is the line between personal and professional?

Knowing the good, the bad and the ugly of Facebook for business can help you take full advantage of this tool and watch your practice grow.

Read the rest of this article, and remember to check out the OBA/CLE Webinar on social media.

Cleveland County Gets New District Judge

Fri, 11 Jun 2010 15:00:52 -0600

Judge Rod Ring was recently sworn in as the district judge for Cleveland county. He had served as special district judge for the county for the past 19 years.

Judge Ring was one of three people nominated by the Judicial Nominating Commission to fill the unexpired term of William Hetherington, Jr. following his appointment to the Court of Civil Appeals.

Attorney General Candidates to Participate in Election Forum

Tue, 08 Jun 2010 08:59:23 -0600

Wednesday, June 9
7 p.m.
OCU School of Law (get directions)

The three candidates in this year’s race for Oklahoma attorney general will discuss their platforms at a forum to be held Wednesday, June 9 at Oklahoma City University School of Law.

Ryan Leonard and Jim Priest, both of Oklahoma City, and Scott Pruitt of Broken Arrow will participate in the discussion, which will be moderated by OETA deputy director and managing editor Dick Pryor.

The event begins at 7 p.m. in the Homsey Family Moot Courtroom at Sarkeys Law Center on the OCU campus. A post-forum reception will be held at 8:30 p.m. in the law center’s outdoor courtyard.

Wednesday’s forum is sponsored by OCU Law, the Journal Record and the Oklahoma Lawyers Association.

The event is free and open to the public, but seating is limited. Visit the Oklahoma Lawyers Association website at www.oklawyers.org to reserve a seat.

Lawyers Helping Lawyers Sponsors “Women Helping Women” Program for OBA Members

Thu, 03 Jun 2010 15:55:45 -0600

The Oklahoma Bar Association’s Lawyers Helping Lawyers Assistance Program Committee (LHL) is hosting a series of monthly meetings entitled “Women Helping Women” for all female attorneys in the OKC Metro and beyond, at whatever stage of life or practice.

These meetings will be led by women on the LHL Committee and are intended to provide an intimate setting for the group leaders and participants to ask questions, provide support, and share information with fellow women of the Bar.

Meeting details and registration information is available at the Women Helping Women page.

Oklahoma Lawyers Offer Free Online Legal Advice to Storm Victims

Tue, 01 Jun 2010 08:59:03 -0600

The Oklahoma Bar Association Disaster Relief and Recovery Committee and the Young Lawyers Division of the Oklahoma Bar Association are offering free legal advice to persons affected by the recent storms.

For more details and to submit your legal questions, visit okbar.org/disasterrelief.

OBA Announces Two New Member Benefits

Fri, 28 May 2010 09:27:36 -0600

Do you know about the extra benefits of being a member of the Oklahoma Bar (besides the sheer joy of working with over 16,000 likeminded professionals!)?

There are several, and the OBA has added two more to that list: special discounts on FedEx services and discounted rates at the Colcord Hotel in Oklahoma City.

Find out more about these and other benefits on the OBA member benefits page.

Applicants for July 2010 Oklahoma Bar Exam

Fri, 28 May 2010 09:26:22 -0600

Get more info and view the applicant list here…

Deadline for 2009 MCLE Compliance Approaches

Fri, 14 May 2010 17:26:31 -0600

Are you compliant with your MCLE requirements for 2009? If not, you should have received a notice of noncompliance by certified mail in April 2010. This notice established June 15, 2010 as the final deadline to comply before suspension.

To comply you must:

earn the required credit
file the 2009 Final Annual Report of Compliance
complete and file an affidavit of compliance
pay $200 for late compliance and late reporting

If you are eligible to report an exemption that you did not report or was not recorded for you by our office, you must:

file the 2009 Final Annual Report of Compliance after marking the appropriate exemption
complete and file an affidavit of compliance
pay $100 for late filing

If you are unsure about your compliance for 2009, you can check your MCLE record online at myOKbar and log in using your bar number and your PIN. You can also download a blank 2009 Final Annual Report of Compliance. If you feel that our records are in error or if you have questions, please contact the MCLE office at (405) 416-7009 or mcle@okbar.org.

Free Legal Advice for Storm Victims

Fri, 14 May 2010 17:25:24 -0600

Cleveland County Bar Association members will be providing free legal advice to the May 10 storm victims, including their family members, who have suffered property damage or personal injury due to the storms.

Free legal advice will be provided by Cleveland County Bar Association members May 17–19, from 5:30–8:30 p.m. at the Norman Public Library, 225 North Webster. Storm victims may receive legal advice in person only. No appointments are necessary, and victims do not need to bring anything with them unless they have a particular document they need to discuss.

The Cleveland County Bar Association is committed to serving our community in a number of ways. The damage from the May 10 tornado outbreak has left numerous Cleveland County residents in immediate need of legal advice in such matters as insurance claims, home or business repairs and landlord-tenant issues. In keeping with the bar's tradition of helping our community, bar members want to do what we can to provide free legal advice at a time when that advice is critical to help storm victims return their lives to normal as soon as possible, said Cleveland County Bar Association President Craig Sutter.

A training session for the Cleveland County Bar Association volunteer lawyers will be held at Norman Public Library Sunday [May 16], from 4–5 p.m. Jim Calloway, Director, Oklahoma Bar Association Management Assistance Program will be the presenter at the training seminar.

The purpose of the training will be to familiarize volunteers with unique issues arising from natural disasters and how these issues impact legal advice regarding life, medical and property insurance claims, landlord-tenant problems, home/business repair contracts, consumer protection and replacement of vital legal documents destroyed by the storms.

While our disaster response is prompted by our concern for residents in our community, we will be glad to provide legal advice to any victim of the May 10 tornado outbreak who appears, regardless of where they may live, Sutter said.

The Cleveland County Bar Association has 321 members and is working with the Oklahoma Bar Association, Oklahoma Attorneys Mutual Insurance Co. and the Norman Public Library in providing this free service.

Children's Events Featured at Solo & Small Firm Conference

Fri, 14 May 2010 17:23:21 -0600

It’s not just babysitting! Children attending the 2010 Solo and Small Firm Conference will have the opportunity to learn about Native culture, including the culture of the Quapaw people. Art, storytelling, dance and much more will be the focus of the children’s activities scheduled for Friday and Saturday of the conference.

Find out more at okbar.org/solo.

State Project Citizen Winners Announced

Fri, 14 May 2010 17:21:09 -0600

Click for larger view

Students participating in the Project Citizen Program learn how to address problems within their school or community. The four panels illustrate the steps for developing public policy: 1) identify and explain the problem, 2) examine alternative policies, 3) propose a public policy, and 4) form an action plan. Each board is accompanied by a documentation binder containing support information for each panel.

This year a panel of judges, consisting of LRE Committee Members and LRE community volunteers, reviewed five portfolios submitted from across the state. Janet Cook’s 5th grade boys from Laverne Elementary took first place for their portfolio, "Don’t Speed It’s a Bad Deed". The portfolio addressed the problem of speeding in school zones and presented strategies for eliminating the problem. Second place winners, Janet Cook’s 5th grade girls from Lavern Elementary addressed the issue of replacing the community rocket slide which had become unsafe for children. The fifth grade girls titled the portfolio, "Houston We Have a Problem". Union 8th Grade received third place honors for "Proceed with Caution", addressing traffic flow dangers in three local elementary schools.

The first place portfolio will advance to the National Competition to be held July 25-29, at the National Conference of Legislatures in Louisville, KY.

Oklahoma School Competes in National Mock Trial

Fri, 07 May 2010 11:05:21 -0600

Christian Heritage Academy of Del City is in the City of Brotherly Love. CHA students, who claimed the Oklahoma High School Mock Trial Championship are representing our state in Philadelphia at the national competition.

This year’s case, Commonwealth of Pennsylvania v. Maddox Hale, focuses on a high school student charged with a number of crimes including aggravated assault and solicitation to commit aggravated assault when he led a protest rally at a local mall. He was widely suspected as the leader behind the gang Children of Liberty, who were organized through social networking that directed their resentment toward new Principal Carter G. Braxton for his new school policies.

This year’s winning mock trial team was coached by teacher Jerrid Eischen and attorney coach Jennifer Miller. Returning for a third year on the “Crusaders” team are Jarred Miller and Ryan Morrisett. Second-year team members are Katie Ceyler, Karis Cherry, Kristin Copeland and Maddison Williams. This is Stone Hendrickson’s first year on the team.

The tournament runs through Saturday, May 8, with the championship trophy being awarded at an evening banquet. Good luck to Christian Heritage Academy!

For more on the National High School Mock Trial Championship 2010, visit http://www.2010nationalmocktrial.com.

The OBA Mock Trial Program homepage is www.okbar.org/mocktrial.

Statewide Community Service Project Benefits Libraries

Fri, 30 Apr 2010 09:18:49 -0600

OBA Young Lawyers Division celebrates Law Day with day of service

One of the purposes of the YLD is to provide its members with a more effective means to participate in activities promoting involvement in public service activities. Along these lines, the YLD is often referred to as the “public service arm of the bar.” In order to effectuate this purpose, the YLD created a Community Service Committee and is planning and organizing a Statewide Community Service Project Day benefiting public libraries to be held on Saturday, May 1, in conjunction with Law Day.

The YLD Board of Directors consists of directors elected from each of Oklahoma’s nine judicial districts and at-large. Each of this year’s directors has taken responsibility for a project in their area. Thus, on May 1, the YLD is hosting its first ever Statewide Community Service Project Day at 13 public libraries across the state. We would like to encourage all members of the YLD, as well as any other attorneys who would like to be involved, to select a library to help on May 1. Each of these projects are "done-in-a-day" projects and will most likely last, at most, a few hours. This event provides an avenue for lawyers across the state to network with each other while giving back to their local communities. We hope to have a good turnout at each of these libraries to show Oklahoma how attorneys care about the public and our communities. The libraries and contact information for each project are:

Guthrie Public Library

Project Coordinator: LeAnne McGill (405) 285-8048

The Guthrie Public Library has requested our assistance cleaning the Oklahoma history section and helping to rebind some books. Please meet at the Guthrie Public Library at 9 a.m. to help with this project.

Mary Kimberly Library (Kiowa)

Project Coordinator: Hannah Cable (918) 426-6765

The Mary Kimberly Public Library has a particular tie to the OBA, as it was started a few years ago by a local attorney, Kimberly Adams, who saw a need for a library in the rural community. The Mary Kimberly Library sits on a large double lot and needs some landscaping help. Please meet at 10 a.m. on May 1 to help us plant 10 Bradford pear trees along one side of the lot and plant five maple trees in front. We also plan to make the library a flower bed to add some color.

Lawton Public Library

Project Coordinator: Nathan Johnson (580) 581-3266

In honor of Law Day, the lawyers of Comanche County will be helping to beautify the Lawton Public Library. We will be washing windows and picking up trash around the library grounds. Please plan to join us at the Lawton Public Library on May 1 at 8 a.m.

Library of Enid and Garfield County

Project Coordinators: Kaleb Hennigh (580) 234-8447 & Robert Faulk (580) 249-9100

The Library of Enid and Garfield County has requested our assistance rearranging several areas of the library and moving books from one area to another. Please skip your weight lifting regimen and join us on May 1 at 10 a.m. We will have lunch following this workout, so please be sure to let us know if you plan to volunteer.

Muskogee Public Library

Project Coordinators: Roy Tucker (918) 684-6276 & Doris Gruntmeir (918) 577-3983

The Muskogee Public Library has requested our assistance in a redesign of the rest area outside the front entrance to the facility, which will include the preparation for expanding the existing sidewalk area and general cleanup of the surrounding grounds. Those interested in participating should meet at the front entrance of the library by 10 a.m. on Saturday, May 1.

Norman Public Library

Project Coordinator: Breea McCorkle (405) 473-5974

We will be hosting a two-part service project at the Norman Public Library. From noon to 2 p.m., we will be assisting in organizing, re-shelving and alphabetizing the library’s ever-growing collection of DVDs. Then at 2 p.m. we will be setting up for the Law Day Celebration, a program to be held in the Children’s Department. This program will involve crafts, games and guest speakers like Mayor Cindy Rosenthal, Rep. Martin, Rep. Collins, Officer Flores of the Norman Police Department, other elected city officials and many more! Come for either part of the project or participate in both!

Oklahoma City Metropolitan Library System

Project Coordinators:

Jennifer Kirkpatrick (405) 232-3722
Lane Rudder Neal (405) 713-1600
Karolina Roberts (405) 232-3722
Jeff Trevillion (405) 297-3844
Collin Walke (405) 752-6000

The Oklahoma City Metropolitan Library System has requested our assistance cleaning up the outdoor area and landscaping around the Belle Isle Library located at 5501 N. Villa (just north of Northwest Expressway between May & Penn) in Oklahoma City. Please meet at 9 a.m. with your gloves and gardening tools ready.

Perry Carnegie Public Library

Project Coordinator: Bryon Jay Will (405) 308-4272

We will be meeting at the Perry Carnegie Library at 9 a.m. on May 1 to do a project inside the library since the city will be celebrating Mayfest with festivities around the town square that day.

Ponca City Library

Project Coordinator: Jacob Biby (580) 765-9967

The Ponca City Library has requested our assistance cleaning out flower beds and planting new flowers, as well as replacing some glass on coffee tables. Please meet at the Ponca City Library at 9 a.m. on May 1 to help with this project.

Shawnee Public Library

Project Coordinator: Joe Vorndran (405) 833-2005

Please meet at the Shawnee Public Library at 10 a.m. with your gardening tools in hand! We will be removing some old plants and planting many new ones and well as general upkeep and mulching.

Tulsa City-County Library System

Project Coordinators:

Molly Aspan (918) 594-0595
Kimberly Moore-Waite (918) 295-9433
Amber Peckio Garrett (918) 895-7216
Briana Ross (918) 894-4150

The Tulsa City-County Library System has identified three branches in Tulsa for volunteers to help spruce up the landscaping outside by cleaning out flower beds and planting new flowers and plants. The branches and their addresses are:

Brookside Library - 1207 E. 45th Place (near 45th & Peoria)
Schusterman-Benson Library - 3333 E. 32nd Place (near 32nd & Harvard)
Nathan Hale Library - 6038 E. 23rd Street (near 21st & Sheridan)

Please join us at one of the three branches to help at 10 a.m. on May 1. Also, don’t forget to bring your gardening gloves and any gardening tools you may have!

Four books on legal topics are also being donated to each library - the American Bar Association Complete Personal Legal Guide – The Essential Reference for Every Household, ABA Guide to Wills and Estates, ABA Guide to Resolving Legal Disputes Inside and Outside the Courtroom and ABA Guide to Credit and Bankruptcy.

The YLD will purchase plants where landscaping is being performed and has budgeted $500 for each location.

Oklahoma Celebrates Law Day With Special Events

Wed, 28 Apr 2010 14:23:17 -0600

Ask A Lawyer Free Legal Advice
Thursday, April 29

Oklahoma residents on Thursday can call (800) 456-8525 from 9 a.m. to 9 p.m. for free legal advice on any topic at no cost. The hotline will be staffed on that day only by volunteer lawyers in Oklahoma City and Tulsa. Spanish-speaking lawyers and translators will be available. Other counties are also part of the project and provide another local option for residents in those areas.

This is the 32^nd year for lawyers to provide this service as part of a national Law Day celebration. About 300 attorneys will be volunteering. Last year 2,600 people called in to receive help.

Ask A Lawyer TV Show on OETA
Thursday, April 29 * 7 – 8 p.m.

Tune into OETA, Oklahoma’s PBS station, at 7 p.m. on Thursday to watch Ask A Lawyer, a TV show that will provide information about child support, children and the law and consumer protection – in easy to understand language. Check out the show preview for a sneak peek.

Learn about an alternative sentencing program for a parent behind on child support, the experience of a former foster child, a youth conference for foster children and tips to protect yourself when making a large purchase. Plus, find out Oklahoma’s special connection to Law Day and see the winning entries in the OBA’s Law Day art and writing contests.

Job Opening: Management Assistance Program Assistant

Thu, 22 Apr 2010 13:42:51 -0600

The OBA seeks a staff assistant for the Management Assistance Program. The OBA Management Assistance Program has been nationally recognized for delivery of management and technology assistance to OBA members. The program oversees a variety of member service programs and focuses on cutting–edge trends in office management and technology.

The MAP assistant assists the department director with many projects. Organization and proofreading skills are important, as well as a friendly customer service-oriented attitude. For more information about the department, visit okbar.org/map.

Requirements:

Three or more years experience working in a law firm or legal department.
Fast, accurate keyboarding skills. Proficiency in Microsoft Word and PowerPoint.
Familiarity with other software applications and Internet tools.

Competitive benefit package. EOE.

Deadline April 30, 2010

Submit resume and cover letter to:

OBA-MAP Assistant Search
Oklahoma Bar Association
P.O. Box 53036
Oklahoma City, OK 73152-3036

Bar Examiners Announce Pass List from February 2010 Exam

Mon, 19 Apr 2010 10:49:56 -0600

A total of 95 took the exam; 67 passed; pass rate 71%.

The following list includes EVERYONE who passed the February 2010 exam.

No applicants are eligible for re-testing on the subject of professional responsibility.

INCLUSION ON THIS LIST DOES NOT INDICATE THAT THE INDIVIDUAL HAS COMPLETED ALL THE REQUIREMENTS FOR ADMISSION. A letter with the test results and admission status has been mailed to each applicant who took the exam.

The Admission Ceremony will be Thursday, April 22, at 9:00 a.m.; in the Supreme Court Courtroom at the State Capitol. Attendance is required. If there are circumstances that prevent an applicant from being present, please advise the office of the Board of Bar Examiners.

REMINDER: Successful applicants who have met character and fitness approval and have passed the Multistate Professional Responsibility Exam are not eligible to practice law UNTIL the Oklahoma Supreme Court enters an Order for admission, AND the applicants take the Oath of Attorney and sign the Roll of Attorneys on April 22, 2010.

The following list includes EVERYONE who PASSED the exam.

Suma Ananthaswamy
Jennifer Hope Barrett
Jessica Noel Battson
Rebecca Davis Bauer
Amy Charlat Blom
Shanna Dee Bokoff
Bradley Edward Bowlby
Mosemarie Dora Boyd
Saundra Ann Burrus
Gregory Pierre Chansolme
Wesley James Cherry
Brett Alan Claar
Nicholas Olsen Codding
Dustin Lane Compton
Scott Lee Cravens
Malori Riah Dahmen
Christin Murphy Donovan
Adam Lawrence Finfrock
Michele Ann Freeman
Matthew Ryan Gile
Kendra Daishon Gill
Adam Don Green
Elijah Jacob Lancaster Haahr
Marcus Lorrell Haberichter
David Kelso Hale
Nathan Hugh Harper
Andrew Ashby Cornell Harrell
Andrew Ralph Harroz
Heath Robert Hasenbeck
Nathan Drew Hendrickson
Barbara Ellen Hill
Amanda Vernell Hopson
Roger Cliffton Johns
Sean Vincent Johnson
Melody Joan Jones
Kristina Nicole Kirkpatrick
Richard Lamont Koller
Christine Marie Larson
James Eric Lemon
Andrew Joseph Maloney
Robert Granville Martin
Lori Christine Barker McInnes
Laura Elizabeth Miller
Andrea Nicole Monachella
Austin Tyler Murrey
Ryan Curtis Mushrush
Audrey Jean Myers
John Richard Olson
Julie Kathryn Owen
Shiny Rachel Pappy
Christopher Eugene Phillips
Stephanie Marie Powers
Stacy Suby Ramdas
Craig Marshall Regens
Peary Livingston Robertson
Mark Andrew Schantz
Chase Harrison Schnebel
Heidi Leigh Shadid
Elizabeth Cynita Thomas
Christopher David Tyler
Gigit Tranae Underwood
Samuel Ryan Vanover
Seth Grant Von Tungeln
Kathleen Wendlocher Wallace
Benjamin David Waters
Christina Louise Whitehurst
Glen L Work

Supreme Court Rules on Foreign Nationals and Deportation

Mon, 19 Apr 2010 10:48:27 -0600

SUPREME COURT OF THE UNITED STATES
PADILLA v. KENTUCKY

certiorari to the supreme court of kentucky

No. 08–651. Argued October 13, 2009 — Decided March 31, 2010

The Supreme Court issued a decision on March 31, 2010, protecting the right to counsel for noncitizens charged with committing a crime. The Court held that criminal defense lawyers must inform noncitizen clients of any deportation consequences for a particular crime if they enter a guilty plea. The case, Padilla v. Kentucky, involved a Vietnam War veteran who was a lawful permanent resident of the United States. LPRs may still face deportation in certain circumstances, including convictions for certain crimes. The Court recognized that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions.

Padilla alleged his criminal defense lawyer told him not to worry about the immigration consequences of pleading guilty to a crime, but advice was wrong. In fact, the guilty plea made Mr. Padilla subject to mandatory deportation from the United States. The state of Kentucky said that Mr. Padilla had no right to withdraw his plea when he learned of the deportation consequence. The landmark decision reversed the Kentucky court, but more importantly rejected the position adopted by several courts that a noncitizen is protected only from "affirmative misadvice" and not from a lawyer's failure to provide any advice about the immigration consequences of a plea.

Get the pdf version of the decision here.

New York Law Journal article about the decision.

Are You in Compliance?

Wed, 07 Apr 2010 17:19:02 -0600

Are you compliant with your MCLE requirements for 2009? If you are not and you are able to comply by April 15, 2010, you may avoid receiving the late notice we plan to send by certified mail.

Compliance

To comply you must:

earn the required credit
file the 2009 Final Annual Report of Compliance (login required)
pay $200 for late compliance and late reporting

Exemptions

If you are eligible to report an exemption that you did not report or was not recorded for you by our office, you must:

mark the appropriate exemption on the 2009 Final Annual Report of Compliance
pay $100 for late filing

If you are unsure about your compliance for 2009, you can check your MCLE record online at my.okbar.org and log in using your bar number and your PIN. You can also download the 2009 Final Annual Report of Compliance and mail it in with the appropriate late fees. If you feel that our records are in error or if you have questions, please contact the MCLE office at (405) 416-7009 or mcle@okbar.org.

Address Updates

Pirate Day at the OBA

Tue, 06 Apr 2010 15:33:00 -0600

Last week, future OBA leaders met for two days of learning and networking at the Oklahoma Bar Center. Visit www.okbar.org/albums to view the photos of this and other events.

Internet for Lawyers

Mon, 05 Apr 2010 13:42:39 -0600

Do lawyers have a duty to Google?

Join us as we help you learn how the Internet is changing the way to research in order to competently represent your clients - and to avoid ethical or malpractice issues!

Quickly learn to be your own cybersleuth by using specific Web sites to unearth factual and investigative information FREE (or at low cost) on the net.

This program will also be webcast. Register here.

What Can You do With a Law Degree?

Thu, 01 Apr 2010 14:49:30 -0600

It's a tough job market for everyone these days, but here's an extra boost for lawyers. Anthony Balderrama writes for CareerBuilder.com and has an article featuring 6 career options for folks holding a law degree who are looking at areas outside of traditional practice.

Read the article online here.

Check Scams That Target Lawyers

Tue, 16 Mar 2010 13:55:00 -0600

By Robert T. Luttrell III

Numbers of lawyers, and the general public, are being targeted with a scam that goes something like this: A message, usually e-mail, arrives requesting services or wanting to buy goods. The sender usually checks out in an Internet search. (Web sites aren’t that hard to set up.) At some point a check arrives in what appears to be a legitimate business trans-action. The check may be in response to a demand letter from a lawyer in the payment of a claim or as a retainer to pay for services in advance or for the purchase price of a car. You get the picture. The check looks and feels like a real check, maybe even a cashier’s check. Usually, it purports to be issued by (or drawn on) a bank at a remote location with no local branches.

Almost immediately after the check arrives, there is a request to send part of the funds by wire transfer. The client may want the amount collected less fees. The client may have overpaid the retainer and want a refund. The car buyer may have paid for shipment and now says they have taken care of this expense directly and would like a refund. There are an infinite number of variations on the basic theme: 1) apparently legitimate transaction, 2) arrival of check and 3) request to wire out funds.

Once the funds are wired, they are almost impossible to recover. UCC §4A-211. The wire is usually to an account in another country. And, in any event, the funds are typically again wired to another institution out of reach as soon as they hit the designated bank. So, the victim is left to hope that the check is “good.” It never is.

These scams work because of a basic misunderstanding of how checks are collected and when the funds represented by those checks are “good,” i.e. they cannot be reclaimed. Because of complaints that deposits were not available for use in a timely manner, Congress adopted the Expedited Funds Availability Act (12 USC §4001-4010). The Federal Reserve Board adopted Regulation CC (12 CFR §229.1 et seq.) to implement it. Among other things, they mandate the latest time when funds of various types of deposits must be “made available” to the depositors. Funds from cashier’s checks must be “made available” within two business days. Many banks have adopted shorter “availability schedules.” These schedules do not bear any relationship to how long it may take to discover that a check will not be paid.

Checks that are “sent through clearing” (all deposited checks) do not have positive confirmation of payment. The funds become “available” for withdrawal based on the bank’s availability schedule (with the maximum limit governed by FRB Reg CC). “Available” funds do not equal collected funds. A check can be returned after the funds have been “made available.” Having the funds “available” is not the same as knowing that the check has paid. If a check is sent through clearing, you get a negative confirmation that the check is not paid when it is returned. This will generally take three to four days at best. The check is handled electronically. Scammers gain additional time by using a fake bank routing number. Then, the counterfeit check bounces around in the clearing system until it kicks out to get human attention. In those cases, the check can take a week or more to find its way back to your account.

Numerous time frames are thrown out about when it is safe to “assume” that a check is “good:” “midnight deadline,” 11 days or a week. There really is no time after which it is safe to assume that the check has paid. (Obviously the longer the time, the more likely it has paid. But that is a rule of probability, not a rule of law.)

The best practice to be safe is to go to your bank and ask to send the check for “collection.” Ninety percent of the tellers may not know what you mean. This is done all the time with oil and gas lease drafts. UCC 4-501. When you finally find someone who does, the check will go out of the bank under a “collection letter,” not “through clearing” under a “cash letter.” Then you will receive positive confirmation some days later that the check has been paid. As you would expect, there is a fee for this special handling.

Some people want to talk to the bank and rely on what the bank “said.” What the bank “says” may not be what the customer “hears.” When talking to the bank, either the depositary or the payor, the customer must listen carefully to the “bank speak.” All the payor bank will generally say is that “a check in that amount will clear at this time,” not that “we will pay your check when presented.” Or the depositary bank will say that the “funds will be available on,” not that “these funds are good.” Any commitment that a particular check represents “good” funds and will be paid according to its terms should be in writing. That will clear up the ambiguity. I have never seen a bank give such an assurance.

To recap, the standard check collection process contains no positive feedback that a check is “good.” If a depositor wants to know that a check has paid, the check should be sent by the bank “for collection.” Then the collection is outside the normal system and a positive response “up or down,” as they say in government, is received. There are lots of ways for the bad guys to trick the regular check collection system so that a check may bounce around for days or weeks before it finds its way back. If the money is gone, the depositor is liable. See UCC §3-415 and the bank’s deposit account agreement.

As a further aside and to keep you up at night, the way some of these scams work is to alter a legitimate check. In such a case, a claim against the depositor for breach of warranty can exist for as long as three years. UCC §§4-111 & 4-207(a)(3). Altered checks are usually, but not always, caught within about 60 days. But that is well outside the time that lawyers would be required to forward client funds. MRPC Rule 1.15(d). This warranty liability cannot be disclaimed by a non-recourse indorsement. UCC §4-207(b). It may be possible to disclaim this warranty in the collection letter by sending the check “without recourse and disclaiming any warranties created by the contract of indorsement,” but that is an open question.

In the days of a flat world it may be increasingly difficult, but the way for lawyers to keep out of trouble is to know their client.

Read more about scams targeting attorneys at okbar.org/scams.

ABOUT THE AUTHOR

Robert T. Luttrell III is an attorney with McAfee & Taft. He has more than 35 years experience representing banks, savings associations and other financial institutions and lenders in all areas of banking, including commercial lending, real estate and consumer finance, regulatory compliance and deposit-taking activities.

Legislative Program Updates

Tue, 16 Mar 2010 13:44:26 -0600

Each session of the Oklahoma Legislature brings bills to the table that directly affect our state's attorneys and the practice of law. To assist in getting this information out to our members, the OBA has the Legislative Monitoring Committee, which monitors legislation that affects the practice of law and coordinates with county bar associations and individual lawyers in an attempt to favorably affect the creation of suitable legislation.

This session, the committee is bringing legislative news to our members through a special portion of okbar.org, which will be updated reguarly with news, bill summaries and contact info for legislators.

Learn more at okbar.org/legislative.

Family Law Section Premieres New Journal

Thu, 11 Mar 2010 16:07:04 -0600

The Family Law Section is partnering with the OBA to publish their section journal online, and that means new features for everyone!

A few months back, we ran a trial on "flip book"-style online publications to find a way to give our members the same "feel" of a magazine that they could view on their computers. With the premier issue of the FLS Journal, we're rolling out this new feature for all our publications online using the Issuu.com publishing service.

You can read the Family Law Section's Journal online at www.okbar.org/family/newsletter and give the new flip book a try. We'll be converting all our online documents to this new feature in the coming months so you can read them on your computer and mobile devices.

As with any new feature, there's bound to be some hiccups, so please be sure to let us know so we can work on them. Of course, you can still right-click on a publication's link to download it directly to your computer.

Gambling Concerns? Lawyers Helping Lawyers Can Help

Thu, 11 Mar 2010 16:04:38 -0600

By Rebecca Williams, LPC CEAP, Director of Caba Employee Assistance Services

The holidays are over, the Super Bowl and the Olympics, and we are back to the end-of-winter doldrums of the daily grind, with few events on the calendar to anticipate and feeling beaten down by what has been a relentless cold season. Studies show that it is often during these times of fewer distractions, that we are more vulnerable to creating distractions or escapes, some good, some not so good.

During these slow times, we are not our own best counsel, and many of us need perspective to preserve ourselves and protect our relationships. Knowing this before a tragedy, loss or crisis is preferable but not always the case. Regardless of where you are with an issue, Lawyers Helping Lawyers is a program through the OBA designed to provide a short-term counseling intervention to help you get perspective and make a plan. It can help with a broad range of emotional and addiction issues, not simply drugs and alcohol. It’s confidential and is provided at no cost to the member.

Here are some identifiers for a gambling addiction.

About Problem & Compulsive Gambling

10 Indications of Problem or Compulsive Gambling Behavior

You have often gambled longer than you had planned.
You have often gambled until your last dollar was gone.
Thoughts of gambling have caused you to lose sleep.
You have used your income or savings to gamble while letting bills go unpaid.
You have made repeated, unsuccessful attempts to stop gambling.
You have broken the law or considered breaking the law to finance your gambling.
You have borrowed money to finance your gambling.
You have felt depressed or suicidal because of your gambling losses.
You have been remorseful after gambling.
You have gambled to get money to meet your financial obligations.

If you or someone you know answers "Yes" to any of these questions, consider seeking assistance from LHL (800.364.7886), or by calling the National Problem Gambling HelpLine Network (800.522.4700) toll free and confidential throughout the U.S.

Tax Planning at the Beginning of the Year

Mon, 22 Feb 2010 10:37:28 -0600

By Kenneth W. Klingenberg
Klingenberg & Associates, P.C.

I generally receive a number of telephone calls from my clients and attorneys (who are not my clients) during the last two weeks of each calendar year. These calls typically request end of the year tax planning ideas which I am happy to provide. However, I have always believed that tax planning starts on the first day of the year and continues throughout the year. The following beginning of the year tax planning ideas are ones that I believe are important and helpful to all my clients, including those who are attorneys.

Although this suggestion may seem out of place, complete and file your prior year’s tax return as soon as is reasonably possible. We find our clients may have some feel for their prior year tax results and burdens, but there are also many times when the client is surprised by the amount of his end of the year tax liability. An overpayment or underpayment may change your cash flow requirements for the current year. It is best not to be surprised in the current year by a prior year’s tax liability.
Keep organized and accurate records starting with the first check you write and the first deposit you make in the year. Good record keeping reduces tax return preparation costs and will help you keep track of your net income long before December arrives. A good bookkeeping system does not have to be complex nor sophisticated, but it should provide an accurate net income number at any point during the year.
Do a better job of keeping track of your cash expenses. Our office often receives receipts for cash expenses from clients with no description and no way of knowing if they are ordinary and necessary business expenses. In addition, clients often tell us that they have deductible cash expenses, but they do not know the amount spent and are unable to substantiate those expenses. This is a problem both for the tax preparer and the taxpayer if an audit occurs. The Internal Revenue Code plainly states it is the taxpayers obligation to substantiate all expenses whether paid by check or cash. Whenever cash is spent at an office supply store, a restaurant or anywhere else, you should always retain the receipt. I put the receipt in my pocket and later mark it appropriately. I then put it in a folder and from time to time go through that folder to organize and classify those expenses. On the receipt, you should include the date, amount, place, business purpose and, if it is a meal or entertainment expense, the name of the clients who were with you.
Never make an expenditure merely because it is “tax deductible”. It is vitally important that money is not spent solely on tax-deductibility. The needs and cash flow requirements of the business should always factor into your spending decisions. I am not saying that you should not obtain a special piece of electronic equipment or something that would make your life easier in the work you perform. However, I am saying do not invest in any program and do not purchase any equipment that you truly do not need and will not use. Do not forget that one dollar spent does not equal one dollar in tax savings.
If you do not have a financial and tax background, telephone your tax preparer prior to entering into any business relationship, agreement, or purchase that is of an unusual nature for you. I am not saying call your tax preparer before you make any expenditure. However, if the expenditure or investment is unusual, there may be better ways to structure the arrangement that would be more beneficial to you. It is our experience that when we receive that quick telephone call from our clients, many times the client gets the same economic result with better tax results.
Do not treat your bookkeeping process and tax preparation process like a step child. We have found that many attorneys with whom we work ask a legal secretary or legal assistant within their firms to accumulate the bookkeeping information and prepare the bookkeeping records for tax preparation purposes. Too many times the legal secretary or legal assistant has case matters that are put in front of maintaining and creating the appropriate tax records. This is certainly understandable as attorneys are often facing strict deadlines. However, you should create an atmosphere where the bookkeeping is processed in a timely manner and by a knowledgeable person.
Be certain to pay your estimated tax payments and payroll tax payments timely. Also file your payroll tax returns timely. Filing and paying estimated taxes and payroll taxes will save you the costs of late filing and payment penalties along with additional interest. These penalties are not tax deductible and can be substantial. The interest expense may also not be deductible.
Tax advice is often given by family and friends who have absolutely no tax background or knowledge. Many times this information is not correct. Frequently this information is given out during a cocktail party and it has been our experience that cocktail party tax advice is never as good as the bubbly you are sipping at the time you get the advice.

There are many other beginning of the year tax planning ideas that could have been included. However, in our experience those that I have included are useful and will be helpful to you as you conduct your business throughout the year.

Kenneth W. Klingenberg is an attorney and Certified Public Accountant. His practice focuses on business litigation, tax preparation, tax planning, tax litigation, probate, business planning, estate planning, and litigation support. He is with the firm of Klingenberg & Associates, P.C., 330 N.W. 13th Street, Oklahoma City, OK 73103, (405) 236-1985.

Acknowledging our Leaders

Tue, 16 Feb 2010 16:23:04 -0600

In honor of Black History Month, the OBA wishes to recognize prominent African-American members of Oklahoma’s legal profession with outstanding career accomplishments. Each unique story is the culmination of years of hard work invested in the study and practice of law. The landmark achievements of the following people reflect their dedication to justice and ability to influence change in our state and beyond.

John Green, Civil Rights Advocate

Nine years after Brown v. Topeka Board of Education, Oklahoma City’s public school district remained segregated. John Green took on the school district as a client and served as the lead attorney in Dowell v. School Board of Oklahoma City Public Schools, the case that forced the Oklahoma City school system to integrate all public schools and make education in Oklahoma equal for all races. Throughout his legal career, Mr. Green has made a name for himself as a pioneer in the pursuit of racial equality. Soon after he was admitted to the OBA in 1957, Mr. Green started a private practice that focused on Oklahoma City segregation issues. Mr. Green was instrumental in a state lawsuit resulting in African-Americans obtaining access to all restaurants.

Mr. Green is accustomed to risk taking. After graduating from high school in Idabel, he attended Morehouse College in Georgia, where he became a close friend and confidant of fellow fraternity brother, Dr. Martin Luther King, Jr. Mr. Green earned a distinguished combat record in the Korean War, where he was awarded the Combat Infantryman’s Badge and Bronze Star Medal in a newly integrated army. Following his military service, Mr. Green became the second African-American to graduate from the OU College of Law.

During his career, Mr. Green broke still other racial barriers. He was the first African-American to serve in the Oklahoma County District Attorney’s Office as a prosecutor, as the U.S. Attorney for the Western District of Oklahoma and on the OBA Board of Governors. Outside the legal profession, he created the Southwestern Urban Foundation, which has raised more than $2 million during the past four years. Its mission targets financial support for the struggles within the African-American and other ethnic communities in Oklahoma. Even in retirement, Mr. Green continues to mentor young attorneys and advises the governor and other state leaders on the selection of judicial appointments.

Judge Vicki Miles-LaGrange, U.S. District Court for the Western District of Oklahoma

Judge Vicki Miles-LaGrange was the first African-American Chief U.S. District Court Judge for the Western District of Oklahoma. She was also the first woman U.S. attorney in Oklahoma and among the first in the nation. She was appointed by President Bill Clinton, who also honored her with the lifetime appointment as federal judge. In 1986, Judge Miles-LaGrange was also the first African-American female elected to the Oklahoma State Senate, during which time she chaired the Judiciary Committee, the Legislative Black Caucus and the Law and Justice Committee of the National Conference of State Legislators.

A cum laude graduate of Vassar College in New York and a J.D. graduate of Howard University School of Law in Washington, DC, Judge Miles-LaGrange has many notable accomplishments. She is a member of the International Judicial Relations Committee of the Judicial Conference of the United States, to which she was appointed by U.S. Supreme Court Justice William Rehnquist. In 2000, she was part of the American/China Civil Trial Procedure Workshop Delegation to the People’s Republic of China and Hong Kong, sponsored by the National Committee on U.S./China Relations. She had previously served as a professor of graduate business at Tianjin University of Finance and Economics and lectured at Tsinghua University School of Law, both in China. In her early career, Judge Miles-LaGrange served as an assistant district attorney in Oklahoma County, a trial attorney for the U.S. Department of Justice, a law clerk for U.S. District Judge Woodrow Seals and a congressional aide for Speaker of the U.S. House of Representatives Carl Albert.

Judge Miles-LaGrange is an Oklahoma fellow of the American Bar Foundation, a member of the American Bar Association, National Bar Association, American Inns of Court, Oklahoma Bar Association and Oklahoma City Association of Black Lawyers. She is an emerita master of the William J. Holloway, Jr. Inn of Court. She has received numerous civic and professional honors and awards including induction into the Oklahoma Women’s Hall of Fame, the Oklahoma African-American Hall of Fame, the Oklahoma Bar Association’s Woman Trailblazer Award, Honorary Distinguished Alumnus Award from Langston University, Oklahoma District Attorney’s Association Legislative Leadership Award; Oklahoma School of Science and Mathematics Founders’ Award and Ebony Tribune’s Keeper of the Dream Award, to name a few. She also co-authored a book titled “A Passion for Equality…The Life of Jimmy Stewart,” which was a 2000 Oklahoma Book Award Finalist. In 2006, Judge Miles-LaGrange received the OBA Fern Holland Courageous Lawyer Award for her courageous work to improve the legal systems of Rwanda, Liberia and Ghana.

Judge Jerome Holmes, 10^thCircuit U.S. Court of Appeals

The first ever African-American to serve as an OBA officer was Judge Jerome A. Holmes, who held the position of vice president in 2006. He also served on the OBA’s Board of Governors for several years. Judge Holmes has been an active leader of his profession since he graduated law school in 1988 from Georgetown University, in Washington D.C., where he was the editor in chief of the Georgetown Immigration Law Journal. Before earning his J.D., Judge Holmes received a bachelor’s degree in history, cum laude, from Wake Forest University in North Carolina. He went on to get a master’s degree in public administration from Harvard University’s John F. Kennedy School of Government, where he was a John B. Pickett Fellow in criminal justice policy and management.

Judge Holmes served as a law clerk for James E. Alley of the U.S. District Court for the Western District of Oklahoma and then for Judge William J. Holloway, Jr. of the 10^thCircuit. After his clerkships, Judge Holmes worked for the D.C. firm of Steptoe & Johnson before moving back to Oklahoma, where he served as an Assistant U.S. Attorney for the Western District of Oklahoma from 1994–2005. During that time, he focused on the investigation and prosecution of white collar and public corruption crime.

While at the U.S. Attorney’s Office, Judge Holmes served as deputy chief of the criminal division and anti-terrorism coordinator, during which time he worked for almost one year on the prosecution team for the Oklahoma City bombing. He also worked as a director at the Oklahoma City firm of Crowe & Dunlevy, where he focused on litigation of complex civil disputes and continued his work on white collar crime. Judge Holmes encouraged the establishment of a diversity committee at the firm and served as its first chair.

Judge Holmes was nominated to the U.S. Court of Appeals for the 10^thCircuit on May 4, 2006, by Senators James Inhofe and Tom Coburn and the Senate confirmed his nomination on July 25, 2006. When he took the oath of office on Aug. 10, 2006, Judge Holmes became the first African-American to ever serve on the 10^thCircuit. Judge Holmes is currently a master of the Judge William J. Holloway, Jr. American Inn of Court and also serves on the American Bar Association’s Commission on Homelessness and Poverty.

Judge David Lewis, Oklahoma Court of Criminal Appeals

In 1980, Judge David B. Lewis received a bachelor’s degree in business administration and economics, with high honors. He then went on to earn his J.D. from the OU College of Law in 1983. After graduating law school, Judge Lewis worked as an attorney at the Clark Law Offices in Lawton until he moved on to serve as Comanche County Assistant District Attorney until 1991. He also began his judicial career in Comanche County, where he was later appointed by Gov. Frank Keating as district judge of Comanche, Stephens, Cotton and Jefferson Counties on April 2, 1999. From 2002–2005, Judge Lewis served as chief judge of the Comanche County Courthouse, until Gov. Brad Henry appointed him to the Oklahoma Court of Criminal Appeals for the Fifth Judicial District on Aug. 5, 2005.

Some of Judge Lewis’ honors include serving as president of the Oklahoma Judicial Conference in 2004. He previously served on the Oklahoma Access to Justice Commission, the board of directors of Goodwill Industries in Lawton, the Lawton Chamber of Commerce Board of Directors, the Black Achievers Program Board of Directors, the OBA Professionalism Committee and the OBA National Mock Trial Task Force. In Lawton, he was also a member of the Kiwanis Club, served on the board of directors of the Christian Family Counseling Center and mentored in the public schools system. Judge Lewis has received a number of awards for his dedicated service to the law community and other state organizations.

Justice Tom Colbert, Oklahoma Supreme Court

Justice Tom Colbert, the first African-American to serve on the Supreme Court of Oklahoma, was born in Oklahoma City. He graduated from Sapulpa High School, earned an associate’s degree from Eastern Oklahoma State College in 1970 and a bachelor’s degree from Kentucky State University in 1973. While at Kentucky State, Justice Colbert was named an All-American in track and field. Justice Colbert served in the United States Army and received an honorable discharge in 1975. He then earned a master of education degree from Eastern Kentucky University in 1976 and taught in the public schools in Chicago.

Justice Colbert received his J.D. from the OU College of Law in 1982. He was an assistant dean at Marquette University Law School from 1982–1984 and an Oklahoma County Assistant District Attorney from 1984-1986, before entering private law practice at Miles-LaGrange & Colbert from 1986–1989. Justice Colbert continued his practice under the name Colbert and Associates from 1989–2000. He also served as an attorney for the Oklahoma Department of Human Services from 1988–89 and in 1999.

In March of 2000, Justice Colbert became the first African-American appointed to the Oklahoma Court of Civil Appeals, serving as chief judge in 2004. On Oct. 7, 2004, Gov. Brad Henry appointed Justice Colbert to the Supreme Court of Oklahoma.

Justice Colbert is a member of the American Bar Association, the National Bar Association, the OBA and the Tulsa County Bar Association. He also participates in many civic programs such as the Track & Field Masters Level, a mentoring program for young men; a summer reading program for children; and speaks at schools frequently.

Join the OBA for a Day at the Capitol

Mon, 08 Feb 2010 12:07:36 -0600

In 2009, nearly 400 attorneys responded to the call and marched to the Capitol to let their position be known on pending legislation. It certainly was one successful day. The OBA is once again calling upon you for your help and attendance this year on March 2^nd.

Allow 2010 OBA President Allen M. Smallwood to welcome you and listen to comments from Chief Justice James Edmondson of the Oklahoma Supreme Court.

After briefing sessions, enjoy a buffet lunch provided by the OBA and gear up to head to the Capitol to meet with your legislators. Can’t come for the entire day? Attend whatever you have time for, and remember the reception begins at 5 p.m.

Don’t miss this year’s opportunity to visit with members of your Oklahoma Legislature as part of the OBA Day at the Capitol to get up-to-speed on the OBA legislative agenda!

Get the agenda and other details online at okbar.org/capitol.