2012-01-14 Ok Bar Journal
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Volume 83 u No. 2 u January 14, 2012 • Oklahoma Bar Center Remodeling • Transfer-on-Death Deeds • Oklahoma’s Revised Arbitration Act • The iPad: How David Bests Goliath • Lawyers Helping Lawyers Foundation ALSO INSIDE OBA President Cathy Christensen Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 89 90 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM You are not alone. Men Helping Men Oklahoma City • Feb. 2, 2012 Time - 5:30-7 p.m. Location The Oil Center – West Building 2601 NW Expressway, Suite 108W Oklahoma City, OK 73112 Tulsa • Jan. 26, 2011 Time - 5:30-7 p.m. Location The University of Tulsa College of Law 3120 East 4th Place, JRH 205 Tulsa, OK 74104 Women Helping Women Oklahoma City • Feb. 9, 2012 Time - 5:30-7 p.m. Location The Oil Center – West Building 2601 NW Expressway, Suite 108W Oklahoma City, OK 73112 Tulsa • Feb. 2, 2012 Time - 5:30-7 p.m. Location The University of Tulsa College of Law 3120 East 4th Place, JRH 205 Tulsa, OK 74104 Food and drink will be provided! Meetings are free and open to OBA members. Reservations are preferred (we want to have enough space and food for all.) For further information and to reserve your spot, please e-mail email@example.com. Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 91 Plus 133 Transfer-on-Death Deeds 2.0 By Catheryn Koss 138 Oklahoma’s Revised Arbitration Act By Ronald Ricketts 148 The iPad: How David Bests Goliath By Janet Kyle Altman 150 Committee Revitalizes Lawyers Helping Lawyers Foundation By Travis Pickens Departments 92 From the President 145 Editorial Calendar 151 From the Executive Director 156 Law Practice Tips 158 OBA Board of Governors Actions 160 Oklahoma Bar Foundation News 163 Young Lawyers Division 164 Calendar 166 For Your Information 168 Bench and Bar Briefs 170 In Memoriam 176 The Back Page Features 95 Cathy Christensen to Lead OBA in 2012 By Lori Rasmussen 99 OBA Officers and Board of Governors: Volunteers Who Guide Your Association 106 OBA Departments and the Member Services They Provide 116 Member Perks: Benefits Your Association Provides 122 A Few Things You Can Do at www.okbar.org 123 Connect with the OBA through Social Media 124 OBA Sections Theme: Meet Your Bar Association contents January 14, 2012 • Vol. 83 • No. 2 pg. 151 Oklahoma Bar Center Remodeling pg. 150 Lawyers Helping Lawyers Foundation 92 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 An individual’s year as president of the Okla-homa Bar Association begins on Jan. 1, New Year’s Day. Each incoming president enjoys a ceremonial swearing in before the Oklahoma Supreme Court in early January. However, on the morning of Jan. 1, the incoming president awakens to ponder the honor and responsibility bestowed upon him or her. And so, during the early morning of the first day of 2012, I write my first letter as your president. I extend to you my deepest and heartfelt thanks for this honor. I am proud to serve you. My focus this year will be on, among other things, the Oklahoma Lawyers for America’s Heroes program and law-related education. I express my gratitude to President Reheard. Under her leadership, the OBA has thrived. In 2011, the OBA traveled new distances and reached greater heights. The formation of the Oklahoma Lawyers for America’s Heroes program coincided with the largest deployment of Oklahoman National Guard troops since World War II. The volunteer attorneys generously provided thousands of hours of free legal service to our home state heroes — servicemen, women and veterans. Many attorneys acknowledge that the reward for their legal service is a renewed pride in the legal profession and the free-doms we enjoy as Americans. The heroes pro-gram will serve as a model for similar pro-grams around the country. The 2011 Annual Meeting was an unparal-leled success! In the weeks following the Annu-al Meeting, attorneys volunteered in record number to join OBA committees and sections. Many new attorneys “enlisted” to serve as Oklahoma Lawyers for America’s Heroes. The pride in our profession, our bar association and our country is evident and strong. I have made a commitment to continue building the OBA heroes program. A free CLE will be offered Feb. 22, 2012, in Tulsa. Attorneys will receive 12 hours of free CLE in exchange for a promise to volunteer at least 20 hours of legal services in 2012. Service hours may be satisfied by representing a hero or working at a Yellow Ribbon post-deployment event answer-ing legal questions posed by troops returning home from service. Questions that require more time and legal attention will be referred to OBA Heroes Coordinator Susan Carey for assignment to a hero attorney. My initiative this year is to increase opportunities for civic education through the OBA Law-Related Educa-tion Department. I am alarmed at people’s lack of knowledge about the American justice system, and I know many OBA members share this concern. We owe Oklahoma stu-dents the opportunity to understand their rights and responsibili-ties in a nation gov-erned by the rule of law. Unfortunately, in the quest to leave no child behind, civic education may have been left at the bus stop. Students do not understand civics, the three branches of gov-ernment and the rule of law in a civilized society. Students must be taught how to become active and engaged citizens. Thankfully, Oklahoma has leaders in law, education and government who recognize the problem and are committed to providing a solution. As attorneys, we have a fundamental responsibility to improve civic educa-tion and awareness. There will be several opportunities in 2012 for OBA members to satisfy this responsibility. On April 24, 2012, the OBA, in part-nership with Oklahoma City Univer-sity, will host retired Supreme Court Justice Sandra Day O’Connor for a day of events designed to enhance civic education and increase apprecia-tion of the justice system in Oklahoma. Details will be provided in upcoming bar journals, but to give you a hint, the events will include “A Conversation with Justice O’Connor and Chief Jus-tice Steven Taylor” presented to a high school and middle school audience, which will be available for webcast to every school in Oklahoma; an after- FROM THE PRESIDENT New Year — New OBA Initiatives President Christensen practices in Oklahoma City. Cathy@ CathyChristensenLaw.com 405-752-5565 By Cathy Christensen My initiative this year is to increase opportunities for civic education through the OBA Law-Related Education Department. cont’d on page 154 Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 93 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 20 Oklahoma Bar Association. The design of the scales and the “Oklahoma Bar Association” encircling the scales are trademarks of the Oklahoma Bar Association. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. The Oklahoma Bar Journal (ISSN 0030-1655) is published thre times a month in january , February , March, April, May , August, Septem-ber, October , November and December and bimonthly in June and July . by the Oklahoma Bar Association , 1901 N. Lincoln Boulevard , Oklahoma City, Oklahoma 73105. Periodicals postage paid at Okla-homa City, OK. POSTMASTER: Send adres changes to THE OKLAHOMA BAR ASSOCIATION, P.O. Box 53036, Oklahoma City, OK 73152-3036. Subscrip-tions are $55 per year except for law students registered with the Oklahoma Bar Association , who may subscribe for $25. Active mem-ber are included as a portion of anual dues. Any opinion expresed herein is that of the author and not necesar-ily that of the Oklahoma Bar Association , or the Oklahoma Bar Journal Board of Editors . OF FICERS & BOARD OF GOVERNORS Cathy M. Christensen, President, Oklahoma City James T. Stuart, President-Elect, Shawnee Peggy Stockwell, Vice President, Norman Deborah A. Reheard, Immediate Past President, Eufaula Renée DeMoss, Tulsa Gerald C. Dennis, Antlers Glenn A. Devoll, Enid Kimberly Hays, Tulsa O. Chris Meyers II, Lawton D. Scott Pappas, Stillwater Nancy S. Parrott, Oklahoma City David A. Poarch Jr., Norman Ryland L. Rivas, Chickasha Susan S. Shields, Oklahoma City Bret A. Smith, Muskogee Linda S. Thomas, Bartlesville Jennifer Kirkpatrick, Oklahoma City, Chairperson, OBA/Young Lawyers Division BAR Center Staff John Morris Williams, Executive Director; Gina L. Hendryx, General Counsel; Donita Bourns Douglas, Director of Educational Programs; Carol A. Manning, Director of Communications; Craig D. Combs, Director of Administration; Travis Pickens, Ethics Counsel; Jim Calloway, Director of Management Assistance Program; Beverly Petry Lewis, Administrator MCLE Commission; Jane McConnell, Coordinator Law-related Education; Loraine Dillinder Farabow, Debbie Maddox, Ted Rossier, Assistant General Counsels; Katherine Ogden, Staff Attorney, Tommy Butler, Sharon Orth, Dorothy Walos and Krystal Willis, Investigators Manni Arzola, Debbie Brink, Stephanie Burke, Brenda Card, Morgan Estes, Johnny Marie Floyd, Matt Gayle, Diedra Goss, Brandon Haynie, Suzi Hendrix, Misty Hill, Debra Jenkins, Amy Kelly, Jeff Kelton, Durrel Lattimore, Heidi McComb, Renee Montgomery, Wanda Reece-Murray, Lori Rasmussen, Tracy Sanders, Mark Schneidewent, Robbin Watson, Laura Willis & Roberta Yarbrough EDITORIAL BOARD Editor in Chief, John Morris Williams, News & Layout Editor, Carol A. Manning, Editor, Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Sandee Coogan, Norman; Emily Duensing, Tulsa; Erin L. Means, Enid; Pandee Ramirez, Okmulgee; Mark Ramsey, Claremore; Joseph M. Vorndran, Shawnee; January Windrix, Poteau NOTICE of change of address (which must be in writing and signed by the OBA member), undeliverable copies, orders for subscriptions or ads, news stories, articles and all mail items should be sent to the Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152-3036. Oklahoma Bar Association 405-416-7000 Toll Free (800) 522-8065 FAX 405-416-7001 Continuing Legal Education 405-416-7006 Ethics Counsel 405-416-7055 General Counsel 405-416-7007 Law-related Education 405-416-7005 Lawyers Helping Lawyers 800-364-7886 Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 OBJ & Communications 405-416-7004 Board of Bar Examiners 405-416-7075 Oklahoma Bar Foundation 405-416-7070 events Calendar For more events go to www.okbar.org/calendar 2012 subscriptions The Oklahoma Bar Association’s official website: www.okbar.org JANUARY 2012 16 OBA Closed – Martin Luther King Jr. Day 17 OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Barbara Swinton 405-713-7109 OBA Bar Center Facilities Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Judy Hamilton Morse 405-235-7759 OBA Work/Life Balance Committee Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Sarah Schumacher 405-752-5565 18 OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Deirdre Dexter 918-584-1600 Luther Bohanon American Inn of Court Meeting; 5 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Maryann Roberts 405-740-3124 19 OBA Board of Governors Swearing-In Ceremony; 10:30 a.m.; Ceremonial Supreme Court Courtroom, State Capitol; Contact: John Morris Williams 405-416-7000 OBA Leadership Academy; 10:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Heidi McComb 405-416-7027 OBA Board of Governors Meeting; 1:30 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: John Morris Williams 405-416-7000 OBA Justice Commission Meeting; 2 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Drew Edmondson 405-235-5563 20 Oklahoma Bar Foundation New Trustee Orientation; 10:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy 405-416-7070 OBA Lawyers Helping Lawyers Assistance Program Training; 12 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Donita Douglas 405-416-7028 Oklahoma Bar Foundation Meeting; 1 p.m.; Oklahoma Bar Center, Oklahoma City; Contact: Nancy Norsworthy 405-416-7070 23 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.; Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: D. Michael O’Neil Jr. 405-239-2121 94 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 Young mom Cathy Christensen poses with her boys Blake and Adam in 1986. Young athlete Cathy Gagliano prepares for a middle school basketball game. OBA President Cathy M. Christensen with her family (from left) son John Ditmars, husband Jim Ditmars Jr., Blake Christensen and Adam Christensen. Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 95 “These families appreciated America and what it had to offer in terms of rights, liberties and public education,” President Christensen said. “These are people who appreciate every-thing they have and take care of their town and community. Growing up there gave me a strong sense of frugality and appreciation of fine arts, diversity and service to others.” Her father was offered a job in Tulsa in 1973, and the family relocated for her last two years of high school. The family had been in their new house just four days when a tornado ripped through the area, touching down not far from their home. “Welcome to Oklahoma!” President Chris-tensen laughs. Her last two years of high school were spent at Tulsa Memorial, and she even managed a Pizza Hut before she graduated. When it came time for college, she headed to OSU after falling in love with Stillwater during a campus visit. “My mother had been one of the first Navy Waves, and she spent time in Stillwater during her World War II military training. To us, the campus just felt like home,” she said. President Christensen said she knew by the time she was a high school sophomore that her goal was to be a lawyer. But family came first, and she took some time off after her third year of college to get married and have her first son, Blake. When she returned to school, Baby Blake attended classes with his mother back at OSU. Christensen says she thoroughly enjoyed the life of a non-traditional student, commuting to Stillwater from Tulsa and staying at the Student Union Hotel with Blake in a hotel crib. “It was actually pretty special,” she said. “I didn’t feel old, I just felt different. Sometimes I Cathy Christensen to lead OBA in 2012 By Lori Rasmussen Meet Your Bar Association The importance of home and family has been a decisive theme throughout OBA President Cathy Christensen’s life and professional career. Her role models were her own parents, who raised her and her four siblings in Norristown, Pa., a small suburb of Philadelphia. President Christensen describes the area as a fairly rural setting, yet the Gagliano family enjoyed living just 30 minutes away from the rich history and culture of the larger city. Her father was a family doctor and later a psy-chiatrist, who saw patients from an office in the family home, her mother a social worker. Her paternal grandparents were Italian and Irish immigrants who came to this country through Ellis Island. Many of her friends and neighbors growing up came from similar backgrounds. 96 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 looked at the other col-lege students and felt wiser. I was there with one goal, and that was to obtain a degree so I could get into law school and nothing was going to get in my way.” She attended TU Col-lege of Law at night for one year, later transfer-ring to OCU, by then pregnant with her second son, Adam. She explains that her post-secondary education was colored by motherhood in a benefi-cial way. “Being a mother during law school helped me to remain focused,” she said. “I realized during the limited time I had, I really had to study. So I learned skills of time management; I learned how to balance my life and integrate work and family demands.” She graduated law school in December 1986, but her life had changed beyond the addition of two sons and a J.D. degree. By this time, she was a single mom. She knew she would have to work, but she decided to build her life and her practice around her sons’ schedules. She realized this would be impossible at a large firm, so she decided to stay in the Oklahoma City area, hang out a shingle and go out on her own right after law school. She credits her parents with giving her the support and encouragement she need-ed to go solo, having themselves been in private practice. “I’ve always been totally involved in the lives of my chil-dren, and being in private practice meant that I was able to take off and be at important events, school functions and games. It also meant a lot of late nights, reading and work-ing after they’d gone to bed. On weekends when they were with their dad, I was usually at the office working. But it was all worth it. I also learned to appreciate the friendship of non-working parents, because I often needed their help with carpool.” She married Jim Ditmars Jr., a podiatrist, in 1994. Her third son, John, came along one year later. The two profes-sionals have successfully juggled careers and family demands by each arranging their own calendars around the other’s schedule. Their hard work raising a family has paid off; son Blake graduated from the OSU medical school and is now in his second year of residency in OU’s anes-thesiology program. Adam is one of the state’s newest law-yers, sworn in this past September after graduating from Personal Trivia Ideal vacation spot? Cape Cod Favorite movie? Ice Castles Most frequently visited website? gopokes.com Biggest pet peeve? Mean people Favorite restaurant? Red Rock Canyon Grill in Oklahoma City Favorite thing about being a mom? Watching my children grow Favorite foods from Pennsylvania? Italian water ice, pizza and cheese steaks What’s your favorite kind of music? Adult contemporary How did you meet your spouse? In a bowling alley, introduced by our mutual friend, Owen Canfield Favorite sports teams? OSU Cowboys, OKC Thunder and New England Patriots Hobby? Spending time with my family is my favorite activity. Co-ed Cathy Gagliano poses for a portrait in 1978. Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 97 OCU law school in May earning his J.D./M.B.A. degree. John is a sophomore at Bishop McGuinness High School, a basketball player who is wavering between seeking a medical degree or a law degree after college. “At every point in my chil-dren’s lives, I have thought to myself if I could freeze time that this would be the perfect time to stop and never leave this chapter of my life,” she said. “Then that chapter closes and another begins, and I have the same thought. So right now, this is one of those times. I am so proud of my children, their choices, their accomplishments and the people they are. I enjoy my practice and my clients. Life is good.” She says it is with the love and support of her family as well as an incredible office staff and associates that she takes over the reins as OBA president. “The number one reason to go into bar leadership is to serve. I love my lawyer colleagues; I love the practice of law. I have appreciated the strength of the OBA, from the day I was first admitted into the bar. I appreciated the member services, the CLE, the community opportunities and I wanted to be a part of it. So I began doing commit-tee work and section work, and the more I was involved, the more I liked it.” As president she will be focusing on three initiatives this year. Her first is to con-tinue the work of the Okla-homa Lawyers for America’s Heroes program, which she says got off to a fine start last year. “When I would attend the Yellow Ribbon events with President Reheard, many of the service men and women that we spoke to were the same age as my children, and that really touched me,” she says. “Knowing how young these troops are, the commitment they are mak-ing to our country and wit-nessing their bravery to fight for our freedom moved me beyond belief. I want this Cathy Gagliano Christensen graduates from college. If a movie was made of your life, who would play you? Susan Sarandon Book or Kindle? I am learning to appreciate iBooks but still prefer an “old-school,” traditional hard cover book. What is a goal you have for yourself that’s yet to be accomplished? Master the art of fly fishing What inspired you to become a lawyer? I grew up outside of Philadelphia and enjoyed the history in Phila-delphia and Washington DC. I wanted to be a part of the Amer-ican judicial system and do my part to preserve democracy. Favorite movie quote? “Life moves pretty fast. You don’t stop and look around once in a while, you could miss it.” Ferris Bueller’s Day Off Most prized possession? My photo albums Where were you Sept. 11, 2001? Dressing to attend a hearing in Oklahoma County. I went to the hearing and returned home by 10:30 to watch in horror and fear as the day unfolded via the news coverage. If I wasn’t a lawyer, I’d be a Physician Favorite musical artist or band? James Taylor Cathy Gagliano’s first Communion 98 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 program to grow and be able to serve our home state heroes who are currently serving and our home state veterans who have previously served.” Another focus this year is civic education. She plans to increase attorney involve-ment in the Lawyers in the Classroom Program and also increase educational oppor-tunities for the public about the importance of the judicial system as well as Americans’ rights and responsibilities as citizens. “I don’t think our electorate is as educated as they should be about the importance of the judiciary and the importance of the rule of law. Students must be given the opportunity to understand the third branch of government and how it affects their lives daily,” she said. “When middle school and high school stu-dents don’t feel active and engaged in the world around them, they begin to fall through the cracks. I think it is important that they realize they have rights and responsibilities. Both students and adults must realize that they can make an impact on those around them and their local communities and governments. Oklahoma leaders in law, education and government recognize that civic education in our state has room for improvement. They are committed to working together to find solu-tions and implement those solutions.” Her third focus is the Lawyers Helping Lawyers Assistance Program Committee and the new Lawyers Helping Lawyers Founda-tion. President Christensen emphasizes that the general public is the ultimate beneficiary of the work of Lawyers Helping Lawyers programs. “If we can assist lawyers in times of need before there is any harm to their clients, it is doing a great service,” she said. “Sometimes I look at it as a quiet service, because it is behind the scenes and confiden-tial, but it is definitely essential to the health of our OBA and pro-tection of the public. So we are going to build a solid financial foundation for the program to grow on.” And how will this busy law-yer and mother find the time to get this all done in one year? She credits skills of time management learned from her experiences raising young chil-dren while forging a successful practice, bringing her family once again to the forefront of her motivation to leave the OBA a little better than she found it. “Becoming OBA president is the fulfillment of a goal early in my career, and that was to serve the OBA, be actively involved and make a dif-ference,” she said. “So my takeaway from all this will be both personal satisfaction and leaving the bar association a bit stronger for my son Adam and maybe my son John.” “Besides,” she smiles, “I’ve always found — the more you have to do, the more you get done.” Lori Rasmussen is an OBA communications specialist. Young lawyer Cathy Christensen sports the ubiquitous ’80s bow tie at OCU Law commencement, with children in tow. Cathy Christensen with her husband Jim Ditmars Jr. and their son John. Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 99 o Background: Born and raised in Shawnee; grad-uated from Shawnee High School in 1971; joined my law firm in 1979, the firm has been in existence since 1904; mar-ried to wife, Kathy, since 1977; three daughters -- Emily, Rachel and Sarah o Education: B.B.A., Central State University, 1975; J.D., University of Tulsa, 1978 o What’s your hobby? Family activities o If a movie was made of your life, who would play you? Tom Cruise (Katie will play Kathy.) o Traditional books or electronic reading devices? Electronic o Goal you have for yourself that’s yet to be accomplished? To be debt free o What inspired you to become a lawyer? My mother was a legal secretary for Charles Henry and Terry West. o Favorite movie quote? “I’ll have what she’s having.” When Harry Met Sally and “Leave the gun, take the cannoli.” The Godfather o Most prized possession? My home built by my grandparents in 1928 o Where were you Sept. 11, 2001? In my law office o If I wasn’t a lawyer, I’d be a… High school civics teacher o Favorite musical artist or band? The Moody Blues o Background: I was born in Oklahoma City; moved to Norman at age 5; been here ever since o Education: B.A. OU 1978; J.D. OU 1983 o What’s your hobby? Making pot holders o If a movie was made of your life, who would play you? Bea Arthur, but she’s dead, so I don’t know o Traditional books or elec-tronic reading devices? Book, definitely o Goal you have for yourself that’s yet to be accomplished? Travel around the world o What inspired you to become a lawyer? Getting a job o What is your favorite movie quote? “Frankly, my dear, I don’t give a damn.” Gone with the Wind o Most prized possession? My 1971 VW convertible o Where were you Sept. 11, 2001? In my office o If I wasn’t a lawyer, I’d be a… Writer o Favorite musical artist or band? The Beatles Meet Your Bar Association Volunteers Who Guide Your Association James Stuart President-Elect Shawnee Peggy Stockwell Vice President Norman 100 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 o Background: Raised on a dairy farm outside Vinita; first career as a journalist o Education: OSU, NSU, TU Law School o What’s your hobby? OBA junkie o If a movie was made of your life, who would play you? Jodie Foster o Traditional books or electronic reading devices? Traditional books o Goal you have for yourself that’s yet to be accomplished? Be the same weight as shown on my driver’s license o What inspired you to become a lawyer? Desire to help people without visible bloodshed o Favorite movie quote? “I’m your huckleberry.” Said by Doc Holliday in Tombstone o Most prized possession? My parents’ wedding ring and a close second is the quilt Suzanne Heggy made for me from Annual Meeting bandanas o Where were you Sept. 11, 2001? At the office o If I wasn’t a lawyer, I’d be a… Veterinarian o Favorite musical artist or band? George Strait o Background: Born in San Antonio, Texas; raised in Stillwater and Tulsa, lived in Arkansas as a teenager and young adult; moved to Bartlesville in 1990; taught public school from 1977 until 1997 when I began practicing law full time. Married to Curt Thomas; chil-dren: Brad Daniel and his wife, Christy from Charlotte, NC; Allison Zelinski and her hus-band, AJ, and my grandchildren, Adam (5) and Abby (3) from Austin, Texas; Amy Atkins and her husband, Matt also from Austin o Education: B.A. in speech pathology, B.A. in Elementary Education; J.D. from University of Tulsa College of Law, 1994 o What’s your hobby? Spending time with family, especially grandchildren o If a movie was made of your life, who would play you? Sally Field o Traditional books or electronic reading devices? Traditional books o Goal you have for yourself that’s yet to be accomplished? Comfortable retirement o What inspired you to become a lawyer? Encouragement from my dad o Favorite movie quote? “I’m just one stomach flu away from my goal weight.” The Devil Wears Prada o Most prized possession? The ceramic nativity scene my grandmother made for me o Where were you Sept. 11, 2001? On the fifth floor of the Professional Building in the law offices of Brewer, Worten, Robinett watching the events unfold on television o If I wasn’t a lawyer, I’d be a… Full-time grandmother o Favorite musical artist or band? Sugarland o Background: Married to Rhonda Dennis, three children (Zack, Michael & Katie); Vietnam veteran, served in the infantry, 1971; served in the Oklahoma State Senate from 1980-1988; served on the Eastern Oklahoma State Univer-sity Board of Regents for 11 years; practiced law at Dennis & Bra-nam since 1975 o Education: Southeast High School, Oklahoma City; Southeastern State College; OCU School of Law o What’s your hobby? Cooking, riding my motor-cycle and playing with my grandchildren o Traditional books or electronic reading devices? Traditional books o What inspired you to become a lawyer? The movie, To Kill a Mockingbird o Most prized possession? My grandchildren o Where were you Sept. 11, 2001? At work o If I wasn’t a lawyer, I’d be a… Teacher o Favorite musical artist or band? Simon & Garfunkel Gerald Dennis Governor - District No. Two Antlers Deborah Reheard Past President Eufaula Linda Thomas Governor - District No. One Bartlesville Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 101 o Background: I grew up in Bartlesville; went to college and law school in California and worked for a large law firm in San Francisco for several years follow-ing graduation from law school. I am mar-ried and have two sons, ages 12 and 14. We moved back to Oklaho-ma in 1991, and I have enjoyed living and practicing law in Oklahoma City since that time. o Education: Stanford University and UCLA School of Law o What’s your hobby? Watching my sons play baseball o If a movie was made of your life, who would play you? Julia Roberts seems like a good choice o Traditional books or electronic reading devices? Traditional books, but moving toward using a Kindle o Goal you have for yourself that’s yet to be accomplished? Rafting the Grand Canyon o What inspired you to become a lawyer? My father, Allan Stocker o Favorite movie quote? “What we’ve got here is (a) failure to communicate.” Cool Hand Luke o Most prized possession? Photos of my family and paintings done by my mother o Where were you Sept. 11, 2001? At the office, watching coverage on the TV in the office kitch-en o If I wasn’t a lawyer, I’d be a… Big wave surfer o Favorite musical artist or band? Lately, it’s been Weezer, but I also like Michael Bublé, so a pretty wide variety o Background: Born in Altus o Education: OCU Law School o What’s your hobby? I have several, some of which are grandkids, walking my dogs, rid-ing motorcycles, wood-working. o If a movie was made of your life, who would play you? Clint East-wood o Traditional books or electronic reading devices? Traditional books o Goal you have for yourself that’s yet to be accomplished? Ride my bike in all lower 48 states o What inspired you to become a lawyer? Another lawyer, one of my dad’s friends o Favorite movie quote? “It’s not my dog.” Pink Panther o Most prized possession? Apart from family, my woodshop and my Harley o Where were you Sept. 11, 2001? In my office o If I wasn’t a lawyer, I’d be a… Retired and a bum o What is your favorite musical artist or band? George Strait o Background: Born Sept. 13, 1949, in Tipton, Okla.; married to Bren-da Kaye Rivas, 42 years; two children, Ryland II, OCU Law, and Mere-dith Kaye Brockman, OU Law; three grand-children; member of the Comanche Indian Tribe, first tribal member law-yer; former Magistrate for the Court of Indian Offenses, Chief Justice Cheyenne and Arapaho Supreme Court, 1998- 2009; practice in civil, Indian and criminal law, Chickasha City Council 1995-1999; Board of Directors, Bank of Verden Glenn A. Devoll Governor - District No. Four Enid Susan S. Shields Governor - District No. Three Oklahoma City Ryland L. Rivas Governor - District No. Five Chickasha 102 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 o Education: Lawton High School – 1967; Oklaho-ma University, B.B.A., majors in economics and finance - 1971; OU College of Law - 1974 o What’s your hobby? Fishing of all kinds o If a movie was made of your life, who would play you? Al Pacino o Traditional books or electronic reading devices? Real books o Goal you have for yourself that’s yet to be accomplished? Retire happily o What inspired you to become a lawyer? Injustice I saw growing up o Favorite movie quote? “Here’s looking at you, kid.” Casablanca o Most prized possession? A pistol and handmade holster carried by my grandfather and used in more than one shootout; the last one occurred on his Indian allotment in 1910 o Where were you Sept. 11, 2001? Downtown Oklahoma City o If I wasn’t a lawyer, I’d be a… Writer of chil-dren’s books o Favorite musical artist or band? Rolling Stones o Background: Born in Tulsa; graduated from Tulsa Memorial High School, Class of 1986; attended OSU and met my husband, Alan Souter, in Eskimo Joes and we married in 1993. We have two children — Noelle, age 13, and Parker, age 9; Began practicing law in 1993 with my father, James R. Hays, in Tulsa and after his death in 1994 I joined a firm for a short time and then opened my solo practice in Tulsa in 1998. My legal assistant/friend, Steph-anie Pierce, has been with me since 1996. I practice exclusively in the area of family law. o Education: B.A., Oklahoma State University, 1990; J.D., University of Kansas School of Law, 1993 o What’s your hobby? Running half marathons (13.1 miles). I am fortunate to have a fantastic group of girlfriends to run with, and we travel to races together. Running is cheaper than thera-py! I also like to work with the flowers in our yard, many of which came from my mother’s and grandmother’s gardens. o If a movie was made of your life, who would play you? Reese Witherspoon (from the movie Legally Blonde) o Traditional books or electronic reading devices? I prefer traditional books, but my recent iPad purchase is starting to change my mind. o Goal you have for yourself that’s yet to be accomplished? Running a second marathon o What inspired you to become a lawyer? My inspiration was my father, James R. Hays. He was an attorney in Tulsa and a special judge when I was very young. I grew up watching him practice law, and I worked in his law office. He taught me that an attorney’s word is his/her bond and the importance of integrity and professionalism. o Favorite movie quote? Tie between “Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” Ferris Buel-ler’s Day Off and “It would be so nice if some-thing made sense for a change….We’re all mad here!” Alice in Wonderland o Most prized possession? The cards and artwork my children make for me, especially when they were very young, and my race medals I have earned for my one marathon and my seven half marathons, so far o Where were you Sept. 11, 2001? Tulsa County District Court in an attorney fee hearing. During a break, the judge told us about the bombing. As soon as the hearing was finished, I rushed back to the office to watch the coverage on tele-vision. I remember watching the images of the devastation the rest of the day and praying for the victims and people responding to the unimaginable tragedy. o If I wasn’t a lawyer, I’d be a… Either a psy-chologist (I guess it is already part of my job description as a family law attorney) or any job I could find working on a beach o What is your favorite musical artist or band? Country singer Kenny Chesney o Background: Born in Kingfisher on Jan. 6, 1964; an Okie from Muskogee since 1968; honorably discharged from the Oklahoma Army National Guard in 1987; was a partner with Bill Haworth and Mike Finerty – Haworth, Finerty & Smith; now president of Bret A. Smith, Attor-ney at Law, P.C. Kimberly Hays Governor - District No. Six Tulsa Bret Smith Governor - District No. Seven Muskogee Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 103 o Education: Graduated OU, B.A. political science 1986; graduated TU law school 1990 o What’s your hobby? Hunting, fishing, flying, cycling and boating o If a movie was made of your life, who would play you? George Clooney o Traditional books or electronic reading devices? Books o Goal you have for yourself that’s yet to be accomplished? Retirement o What inspired you to become a lawyer? Retired District Judge John C. Garrett was the most influential person; I wanted to follow his path — OU football player and attorney o Favorite movie quote? “Lisa, I don’t need this. I swear to God, I do not need this right now, okay? I’ve got a judge that’s just aching to throw me in jail. An idiot who wants to fight me for $200, slaughtered pigs. Giant loud whistles. I ain’t slept in five days. I got no money, a dress code problem AND a little murder case, which in the balance holds the lives of two innocent kids. Not to mention your biological clock — my career, your life, our marriage, and let me see, what else can we pile on the top of the out-come of this case? Is it possible?” Joe Pesci in My Cousin Vinny o Most prized possession? My two daughters, Lizzie and Leah o Where were you Sept. 11, 2001? Home watching the event on TV o If I wasn’t a lawyer, I’d be a… Marine biologist o Favorite musical artist or band? Boston o Background: Born and raised in Stillwater, where my family has had the Ford dealership since 1919; raised my daughter in New York before coming back to marry my husband, whom I have known since sixth grade o Education: Graduated from C.E. Donart High School in Stillwater; B.A. in history from OSU; J.D. from Ford-ham University School of Law, New York o What’s your hobby? Right now, the most time I spend outside of work involves growing in my faith. I also enjoy the great outdoors, eat-ing great food wherever it can be found, danc-ing, trying new recipes/making them my own, reading and handiwork projects, like cross stitch. o If a movie was made of your life, who would play you? If they were still alive, as a child - Shirley Temple, as a young adult - Vivian Leigh and as an older adult - Maureen O’Hara o Traditional books or electronic reading devices? Definitely traditional books that I can hold and turn each page – I have fond memories of going to the library as a child and still love to lose track of time in a good book store. o Goal you have for yourself that’s yet to be accomplished? Creating solutions at the local level that could be the basis for solving national issues o What inspired you to become a lawyer? The pursuit of justice and the drama of a trial o Favorite movie quote? “Let’s get on with it. We’ve got a world to conquer!” The Ultimate Gift o Most prized possession? My integrity o Where were you Sept. 11, 2001? Glued to my TV at home o If I wasn’t a lawyer, I’d be a… Culinary-trained chef o Favorite musical artist or band? Right now, Michael Bublé o Background: Born and raised in Shawnee; have lived and practiced in Lawton since 1971 o Education: Graduated Shawnee High School in 1962; OU undergrad-uate, 1966; OU College of Law, 1969; George-town for LLM in tax, 1971 o What’s your hobby? Sailing, fly fishing and hunting o If a movie was made of your life, who would play you? Woody Harrelson o Traditional books or electronic reading devices? Traditional books o Goal you have for yourself that’s yet to be accomplished? Sail to Tahiti o What inspired you to become a lawyer? Lawyers and judges I met while growing up in Shawnee D. Scott Pappas Governor – District No. Eight Stillwater O. Christopher Meyers II Governor - District No. Nine Lawton 104 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 o Favorite movie quote? “No, we’ll pay for it, me and Shane.” after the fight in the movie, Shane o Most prized possession? My sailboat, “It’s Prime Time” o Where were you Sept. 11, 2001? At my home get-ting ready for work, watched on TV o If I wasn’t a lawyer, I’d be a… Rancher o Favorite musical artist or band? Jimmy Buffett o Background: I was born in Oklahoma but grew up in the California Bay Area in a small town of 2,500 people about 30 miles east of San Fran-cisco. Went in the Army out of high school; returned to Oklahoma for college and law school after I got out. Been here since 1969. Married, two grown sons and three grand-children o Education: B.A. Univer-sity of Central Oklaho-ma 1973; J.D. University of Oklahoma 1977 o What’s your hobby? Golf and reading o If a movie was made of your life, who would play you? Harry Morgan or someone like him o Traditional books or electronic reading devices? Books o Goal you have for yourself that’s yet to be accomplished? Raft the Colorado River o What inspired you to become a lawyer? To help… o Favorite movie quote? “What we’ve got here is (a) failure to communicate.” Cool Hand Luke o Most prized possession? My mother’s Bible o Where were you Sept. 11, 2001? At a breakfast meeting with a client o If I wasn’t a lawyer, I’d be a… Psychiatrist or a lounge singer o Favorite musical artist or band? Frank Sinatra or Tony Bennett o Background: Born and raised in Oklahoma; shareholder with GableGotwals o Education: B.A. summa cum laude from OCU, J. D. with honors from OU o What’s your hobby? Swimming and flyball o If a movie was made of your life, who would play you? An actress named Renée – either Zellweger or Russo o Traditional books or electronic reading devices? Books o Goal you have for yourself that’s yet to be accomplished? Mastering electronic devices o What inspired you to become a lawyer? A history/political science degree and love of reading o Favorite movie quote? “It’s merely a flesh wound.” Monty Python and the Holy Grail o Most prized possession? My border collie, my schnoodle and a nativity set from my mom o Where were you Sept. 11, 2001? On my way to a deposition o If I wasn’t a lawyer, I’d be an… Animal trainer or a personal shopper o Favorite musical artist or band? Tom Petty and the Heartbreakers o Background: Born and raised in Atoka. Taught high school English before going to OCU law school at night and running a commercial interior decorating busi-ness. Was in private law practice then marshal of Oklahoma Supreme Court for 25 years. Two grown daughters, six grandsons and one granddaughter David A. Poarch Jr. Governor - At Large Norman Renée DeMoss Governor - At large Tulsa Nancy Parrott Governor - At large Oklahoma City Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 105 o Education: Undergraduate degrees in English, speech and French from University of Oklaho-ma. University of Grenoble, France. Masters degree in family counseling from North Texas State University. Law degree from OCU o What’s your hobby? Playing harmonica and doing everything I can with precious grandkids o If a movie was made of your life, who would play you? Sally Field o Traditional books or electronic reading devices? Definitely traditional books so I can underline and mark good parts o Goal you have for yourself that’s yet to be accomplished? Being a really good wife o What inspired you to become a lawyer? Two hungry kids and a divorce — and a hope that I could help someone o Favorite movie quote? “Remember, George, no man is a failure who has friends.” It’s a Wonder-ful Life o Most prized possession? A silver tea service my students bought me in 1971, pooling all their money and signing “for our techur from ????” o Where were you Sept. 11, 2001? At my desk, of course (It was a workday.) Io If I wasn’t a lawyer, I’d be a… Junk dealer o Favorite musical artist or band? Elvis or Bob Wills — good dancin’ music o Background: I was born in Midwest City and have lived in Oklahoma all my life except for a brief stint in Holly-wood, Fla. in the fourth grade. I am the oldest of eight kids (no, I’m not LDS or Catholic). I live in Edmond with the two most wonderful little boys, Aiden and Brody and Sugar, the un-wonder dog. o Education: B.A. (the-ater) from Cameron University 1996; M.A. (communication) University of Oklahoma 1999; J.D. Oklahoma City University School of Law 2002 o What’s your hobby? I don’t think I really have a hobby other than being an OBA/ABA junkie! When I’m not working, hanging out with my boys or working on an OBA project, I like to read and sing o If a movie was made of your life, who would play you? Ashley Judd or Emma Stone o Traditional books or electronic reading devices? Traditional books — nothing beats the smell and feel of a good book o Goal you have for yourself that’s yet to be accomplished? Someday I am going to run a marathon o What inspired you to become a lawyer? The intellectual challenge of the law inspired me to become a lawyer o What is your favorite movie quote? “Just smile and nod boys…smile and nod…” Madagascar o What is your most prized possession? My grandmother’s piano o Where were you Sept. 11, 2001? I was in my car on the way to Prof. Hart’s oil and gas law class at OCU o If I wasn’t a lawyer, I’d be a… Tony-winning Broadway actress or a TV news anchor o Favorite musical artist or band? I’m an Aero-smith and Rolling Stones junkie. My younger son’s middle name was inspired by the Stones. Jennifer Kirkpatrick Governor - YLD Chair 106 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 Executive Director OBA Bylaws, Article IV, Section 4: (a). The Executive Director shall keep the roster of the members of the Association and of the House of Delegates entitled to vote therein. He or she shall record and be the custodian of the minutes, journal and records of the Associa-tion and of the House of Delegates and of the Board of Governors. (b). The Executive Director shall act as Trea-surer, and be the custodian of the funds of the Association. No funds shall be withdrawn except in the manner approved by the Board of Governors. (1) The expenditures of the Association shall be in accordance with the provisions of the Rules Creating and Controlling the Oklahoma Bar Association as promulgated by the Oklaho-ma Supreme Court. (2) The Executive Director shall maintain at all times a fidelity bond executed by a surety com-pany as surety, the amount thereof and the sure-ty to be approved by the Board of Governors. (c). He shall supervise the office of the Asso-ciation and its personnel and shall see that the work of the Association is properly performed. He or she shall also perform such other duties as the House of Delegates, the Board of Governors or the President of the Association may direct. Rules Creating and Controlling the OBA, Article VI, Section 4: The Executive Director shall perform such duties and services as may be required by these Rules or the Bylaws and as may be directed by the Board of Governors or the President of the OBA Departments and the Member Services They Provide Meet Your Bar Association Volunteer leaders may be the chief engineers who keep any professional association on track, but it is the staff who provides the power to move forward. Member services are an essential part of the Oklahoma Bar Association. Learn more about what each department offers members, and put a name together with a face in photos of the employees who work for you — bar association members. Executive Director John Morris Williams and Executive Assistant Debbie Brink Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 107 Association. He shall also keep a complete and accurate list of the members of the Asso-ciation; notify delinquent members and certify the names of delinquent members to the Supreme Court as required by these Rules; certify to the Supreme Court records and other matters as provided by these rules. Phone: 405-416-7014 Administration The responsibilities of the Administration Department are multi-faceted, but its primary emphasis is handling finances, human resources, Annual Meeting planning, bar cen-ter operations and maintaining official membership information. Specific duties include: o scheduling bar center meeting rooms o coordinating and scheduling meetings utilizing video conference equipment in Oklahoma City and Tulsa o assisting committees and sections with mailings to their members o providing mailing labels of bar members to committees and sections o tracking expenditures for all committees and sections o providing monthly committee and section accounting reports upon request o ensuring the bar center interior and exterior facilities are maintained so members can take pride in their building o maintaining and updating member roster information o invoicing senior members and non-members for Oklahoma Bar Journal subscriptions o managing the Legal Intern Program o producing certificates of good standing for our members o processing expense claims for OBA officers, YLD officers, and section and committee members Phone: 405-416-7000 Membership: 405-416-7080 Communications The Communications Department has responsibility for the OBA’s member communications and external public relations efforts. Areas of major emphasis are: o publishing 34 issues of the Oklahoma Bar Journal every year o responsible for social media responsibilities such as the OBA’s official Facebook page and Twitter account ADMINISTRATION – (Front Row) Roberta Yarbrough, Suzi Hendrix, Tracy Sanders and Wanda Murray; (Back Row) Director Craig Combs and Durrel “Doc” Lattimore COMMUNICATIONS — Director Carol Manning, Lori Rasmussen and Jeff Kelton 108 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 o assisting the Law Day Committee in accomplishing extensive Law Day statewide activities and community service projects that generate significant positive public recognition for the legal profession o publishing the OBA Annual Meeting program and House of Delegates book and promoting award winners, the meeting itself and election results More specific duties that benefit members are: o editing information submitted by and about bar members for the FYI and Bench & Bar Briefs section of the bar journal o publishing the monthly E-News for OBA members with e-mail addresses o expediting information requests from the news media o issuing news releases about association events o assisting OBA committees, sections and divisions in publicizing their projects to both members and the media o working with sections to publish short law articles related to the section’s focus o assisting sections and committees with placing and designing free ads in the bar journal to promote their activities to other members The department serves as a liaison for one board and several committees and assists in accomplishing their goals. Responsibilities include: o working with the 10-member Board of Editors that reviews articles submitted and plans for future theme-related Oklahoma Bar Journal issues; once articles are approved for publication, the staff has charge of editing, proofreading and layout o assisting the Communications Committee in its projects including overseeing the publication of 16 brochures on such topics as divorce, landlord/tenant rights and estate planning; Brochures are distributed free as a community service to individuals, libraries, nonprofit organizations, etc., and staff handles the continuous demand for those materials to be mailed across the state o working with the Law Day Committee to conduct statewide contests for Oklahoma students, provide county Law Day chairpersons with both event and promotion ideas for county celebrations, coordinate the statewide Ask A Lawyer community service project in which volunteer attorneys give free legal advice to people who call in, implement marketing strategies to promote the Ask A Lawyer free legal advice and produce a one-hour, interview-style TV program, in cooperation with OETA (the state’s PBS affiliate) that shows how lawyers work to improve the lives of all Oklahomans The department also assists the Awards Committee, Disaster Response and Relief Committee, Lawyers Helping Lawyers Assis-tance Program Committee and Young Law-yers Division. Phone: 405-416-7004 Continuing Legal Education OBA/CLE wants to be your continuing legal education provider. Call CLE Director Donita Bourns Douglas at 405-416-7028 with your program ideas. Department services include: o developing and producing over 150 live seminars, webinars and webcasts o offering video replays of the live seminars CLE — Stephanie Burke, Brandon Haynie, Director Donita Douglas, Heidi McComb, Renee Montgomery and Mark Schniedewent Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 109 o developing and producing online video and audio seminars, including webcast seminars o offering recent seminar publications, digital book chapters and CDs for sale to association members o developing and producing CLE at the OBA Annual Meeting o coordinating with the Management Assistance Program to plan and administer the annual Solo and Small Firm Conference o coordinating with the Women in Law Committee to plan the annual Women in Law Conference o coordinating with OBA officers to plan leadership training for OBA members o coordinating with various OBA sections in the planning of OBA/CLE section cosponsored CLE seminars o attracting and securing nationally recognized experts to present continuing legal education programming to OBA members o publishing volumes (non-seminar) to members to assist in their practice, including form books, practice manuals and treatises o providing online registration for OBA/CLE members o applying attendance credit electronically to enable members to have an up-to-date view of accumulated OBA/CLE credit on my.okbar.org Phone: 405-416-7006 E-mail: firstname.lastname@example.org Ethics Counsel The Office of Ethics Counsel is a member-ship service available only to OBA members. It was created to assist members with conflict dilemmas, confidentiality questions, commu-nication concerns and other ethical inquiries unique to the profession. The Office of Ethics Counsel is completely autonomous from and independent of the Office of the General Counsel. Members seeking assistance with ethical questions are afforded an “attorney/ client” relationship with the full expectation of confidentiality of disclosed information. Through the Office of Ethics Counsel, Oklaho-ma Bar Association members can obtain infor-mal guidance and advisory interpretations of the rules of professional conduct. Responsibil-ities of the Ethics Counsel include: o answering ethics questions from members of the Oklahoma Bar Association o researching and writing ethics materials for the Oklahoma Bar Association website, seminars and the Oklahoma Bar Journal o preparing and presenting CLE programs on the topics of ethics and professionalism o acting as a liaison to the Bench and Bar and Lawyers Helping Lawyers committees o monitoring the OBA diversion program and teaching related classes Phone: 405-416-7055 E-mail: email@example.com ETHICS COUNSEL – Ethics Counsel Travis Pickens 110 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 General Counsel The Office of the General Counsel is charged with the responsibility of: o reviewing and investigating allegations of lawyer misconduct or incapacity o reviewing and investigating allegations of the unauthorized practice of law o prosecuting violations of the Oklahoma Rules of Professional Conduct o administering the Clients’ Security Fund In addition to these enumerated duties, the Office of the General Counsel: o serves as liaison to the OBA Board of Governors advising the governing group on legal matters o processes and approves the registration for attorneys from other jurisdictions o administers the trust account overdraft notification program Phone: 405-416-7007 Information Systems The Information Systems Department is responsible for desktop computer sup-port to staff, network man-agement of internal servers and externally accessible servers, Web application development and maintenance, mailing list management, devel-opment of association management system and database, network security, audio/visual support to staff, monitoring of evolving tech-nologies and assistance to all departments to utilize technology in their departments. The Information Systems Department’s functions are mostly of an internal nature; however, ser-vices directly benefiting members are: o providing a mailing list for each committee and section through the list servers to communicate with members easily and in a cost effective manner SUPPORT STAFF — Diedra Goss, Misty Hill, Laura Willis and Manni Arzola (seated) GENERAL COUNSEL — Katie Ogden, Loraine Farabow, Ted Rossier, General Counsel Gina Hendryx and Debbie Maddox INVESTIGATORS — (Front Row) Krystal Willis and Dorothy Walos; (Back Row) Tommy Butler and Sharon Orth Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 111 o maintaining a committee chairperson list and a section chairperson list serve to allow communication between the association and the chairs, as well as between the chairs themselves o providing a website to include a members-only section where members can update roster information, pay dues, register for CLE, review MCLE credits, etc. o promotes the online presence of association through the OBA website and various social media outlets o providing free sign-up for the www.okbar.org/findalawyer.com lawyer referral service Phone: 405-416-7045 Law-related Education The Law-related Education (LRE) Depart-ment of the Oklahoma Bar Association was established in 1989 to further the OBA’s goals of increasing public service and enhancing public understanding of the law and the legal system. To that end, LRE endeavors to edu-cate citizens in a constitutional democracy and to create an active, responsible citizenry. LRE conducts programs independently and in partnership with nonprofits, civic organiza-tions and educational groups. Programs include professional development for teachers and others in the civic community via institu-tions and workshops. Classroom materials are created and distributed for programs adminis-tered by LRE at no cost to educators. LRE aims to join the education and law communities in its mission of fostering civic-mindedness. An understanding of the role of the law in society is essential to informed par-ticipation in democracy. Creating active citi-zens requires active civic education. LRE is under the direction of Jane McConnell, Law-related Education coordinator and Debra Jen-kins, administrative assistant. Information about specific LRE programs and resources is available on the OBA website at www.okbar. org/public/lre. Phone: 405-416-7024 E-mail: firstname.lastname@example.org Management Assistance Program The OBA Management Assistance Program focuses on helping Oklahoma lawyers with the nuts and bolts of running their law offices. From “basic training” for the new lawyer to providing management and technology advice for the seasoned professional, the department has a wide array of information to assist every lawyer in every practice setting. o Free Telephone Hotline — The OBA-MAP staff attempts to answer brief questions about management and technology issues. Our number is 405-416-7008. The toll-free number is 800-522-8065. Advice provided is confidential. o OBA Solo and Small Firm Conference — Attend great CLE programs with nationally recognized experts, network with other small LRE — Coordinator Jane McConnell and Debra Jenkins INFORMATION SYSTEMS – Interim Manager Robbin Watson, Morgan Estes and Matt Gayle 112 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 firm lawyers from across the state and meet with vendors in a fun family setting. Join us for the 14th Annual Solo and Small Firm Conference June 9-11, 2011, at Downstream Casino Resort in Quapaw. o OBA-MAP Lending Library — Attorneys can borrow books on law practice management and technology from the OBA-MAP Lending Library. Thanks to a recent grant from the OBA Law Office Management and Technology Section, there will soon be multiple copies of several of the more popular titles. o Discounts on practice management books (and other ABA titles) — If you prefer to own a book rather than borrow it, we have partnered with the American Bar Association for a 15 percent discount on ABA publications. Whether or not you’re a member of the ABA, your OBA membership entitles you to 15 percent off the list price of any of the ABA’s more than 300 titles. Simply enter PAB9EOKB in the Discount Code Number field when placing your order on the ABA website. o OBA-NET — This is an online resource that is free to all OBA members. It is our online community for the legal profession. Oklahoma lawyers post questions and brainstorm with other lawyers online. There are many files and forms available that have been uploaded by other OBA members. o Jim Calloway’s Law Practice Tips Blog — Weekly postings of Internet tips, law practice tips and hot news in law office management and technology are available by visiting the blog website, subscribing to the e-mail alerts or subscribing to the RSS news feed. Visit the blog at http://jimcalloway.typepad.com o Office “Health Checks” — These consultations take place in the lawyer’s office on a fee for services basis. A wide range of management issues can be covered. Typically all staff and attorneys will be involved both in group and individual interviews. o Free Consultations at the bar center — Any lawyer who is setting up a new practice or has encountered a difficult issue that cannot be comfortably handled over the telephone is welcome to schedule a free 50-minute appointment with the OBA-MAP director. o Your Law Practice — This innovative program consists of a one-day seminar, scheduled in Oklahoma City twice a year (Spring and Fall) and in Tulsa in the fall, to assist attorneys setting up new solo practices. A companion project is the “Starting a Law Practice Web Directory” which is available to any attorney at www.okbar.org/members/ map/practice.htm. o Oklahoma Bar Journal articles — Each theme issue of the Oklahoma Bar Journal contains the regular column “Law Practice Tips” by OBA-MAP Director Jim Calloway. o Local Bar Presentations — The OBA-MAP director is available to speak at your county bar meetings or other organized lawyer groups at no charge. Phone: 405-416-7008 Mandatory Continuing Legal Education The OBA Mandatory Continuing Legal Edu-cation Department is the regulatory office concerned with the accreditation of all con-tinuing legal education programs and the compliance by all Oklahoma bar members with the MCLE requirement. Often confused with the CLE Department, the MCLE Depart-ment does not sponsor CLE seminars. Mandatory Continuing Legal Education, a program adopted by the Oklahoma Supreme Court in 1986, establishes minimum require-ments for continuing legal education for Okla-homa attorneys. The program is administered by the OBA Mandatory Continuing Legal MAP — Director Jim Calloway and Amy Kelly Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 113 Education Commission, which consists of nine members, that has general supervisory authority over the rules and may adopt regu-lations consistent with the rules. Member services provided include: o reviewing seminars for accreditation o accreditation of teaching activities o responding to requests for clarification of the Rules of the Oklahoma Supreme Court for Mandatory Continuing Legal Education o processing the annual reports of compliance o helping each member receive all the credit he or she is entitled to for qualified CLE activities o keeping a record of the Oklahoma approved seminars attended by members Phone: 405-416-7009 E-mail: email@example.com Don’t Know Whom to Contact? If you need more information about which employee in a department to contact, check out the staff list at www.okbar.org/public/ about/staff.htm. You will find a list of each OBA staff member, a summary of his or her responsibilities, and their e-mail address. MANDATORY CONTINUING LEGAL EDUCATION - Brenda Card, Administrator Beverly Petry and Johnny Floyd 114 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM Free 24-hour confidential assistance • depression/anxiety • substance abuse • stress • relationship challenges 800.364.7886 www.okbar.org/lhl Counseling and peer support are available. Some services free as a member benefit. You are not alone. Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 115 NOTICE RE: POSTJUDGMENT AND PREJUDGMENT INTEREST January 3, 2012 POSTJUDGMENT INTEREST: The State Treasurer has certified to the Administra-tive Director of the Courts that the prime interest rate as listed in the first edition of the Wall Street Journal published for calendar year 2012 is 3.25 percent. In accordance with 12 O.S. §727.1 (I), the postjudgment interest rate shall be the prime interest rate plus two (2%) percentage points, which equals 5.25 percent. PREJUDGMENT INTEREST: In accordance with 12 O.S. §727.1 (I) and (K), the prejudgment interest rate applicable to actions filed on or after January 1, 2010, shall be “a rate equal to the average United States Treasury Bill rate of the preceding calen-dar year.” The State Treasurer has certified to the Administrative Director of the Courts that the average United States Treasury Bill rate of the preceding calendar year is 0.05 percent. These interest rates will be in effect from January 1, 2012 until the first regular busi-ness day of January, 2013. Interest rates listed below for each year prior to the current year were calculated in accordance with the statute in effect for that year. Interest Rates since January 1, 2010, are as follows: Year Postjudgment Interest Rate Prejudgment Interest Rate 2010 5.25% 0.14% 2011 5.25% 0.13% 2012 5.25% 0.05% Interest rates from November 1, 1986, through December 31, 2009, are as follows: /s/ Michael D. Evans Administrative Director of the Courts 1986 11.65% 1987 10.03% 1988 9.95% 1989 10.92% 1990 12.35% 1991 11.71% 1992 9.58% 1993 7.42% 1994 6.99% 1995 8.31% 1996 9.55% 1997 9.15% 1998 9.22% 1999 8.87% 2000 8.73% 2001 9.95% 2002 7.48% 2003 5.63% 2004 5.01% 2005 7.25% 2006 9.25% 2007 10.25% 2008 9.25% 2009 5.25% 116 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 ONLINE SERVICES OKNewsBar (www.okbar.org/oknewsbar.htm) — Designed with the needs of OBA members in mind, OKNewsBar has been created to allow you to quickly access new Oklahoma and U.S. Supreme Court opinions as well as up-to-date legal news and law practice management tips. Fastcase — The OBA offers online legal research software as a free benefit to all OBA members. The OBA has contracted with Fastcase to pro-vide the member benefit, which includes national coverage, unlimited usage, unlimited customer service and unlimited free printing at no cost to bar members as a part of their existing bar membership. To use Fastcase, sign in with your MyOKBar username (OBA number) and pass-word on the OBA website at www.okbar.org. www.okbar.org — Main website of the OBA with links to all other OBA Web presences. Informa-tion is primarily geared for members, but con-tains a great deal of information for the public. MyOKBar (my.okbar.org) — password-protected portion of the OBA’s website. Easy to do every-thing from changing your official address, enroll-ing in a CLE course, checking your MCLE cred-its, paying your annual dues, joining a section to listing your practice areas on the Internet so potential clients can find you. You can also receive electronic communications from the bar by adding your email address to the roster. Plus, a new feature allows you to print a temporary bar card and print receipts from previous dues and CLE payments. OBA-NET (www.oba-net.org) — Members-only interactive service. Free basic service with pre-mium services available to enhance the member benefit. This is where lawyers are empowered to help each other through online discussions and an online document repository. You must agree to certain terms and be issued a password to participate. E-News (www.okbar.org/newsletter) — Cur-rent OBA news and information to assist in your law practice that is sent once a month to members with an email address as part of their official roster information. Member Perks: Benefits Your Association Provides Your state bar association offers you a broad selection of opportunities to make the most of your membership. You may not even be aware of some of the professional bene-fits available to you as an Oklahoma Bar Association member. Check this list to be sure you are taking full advantage of the member services provided. Meet Your Bar Association Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 117 Online CLE (legalspan.com/okbar) — Quality OBA/CLE online programming, plus online webcast and archived seminar programs from other state bar associations. Oklahoma Find A Lawyer (www.okbar.org/ findalawyer) — The OBA’s official lawyer listing service. Free to members and the public. It is also a useful tool for lawyers to identify attorney practice area expertise in specific geographic areas. Sign up through MyOKBar. Online research links (www.okbar.org/research) — A quick way to find the Oklahoma Supreme Court website is to look up Oklahoma cases and statutes online. Can be used to find the online site of the Court of Criminal Appeals or any of Oklahoma’s District Courts, locate a state or fed-eral agency, locate a federal court site, find a municipal ordinance or find the rules from local or federal courts. As a bonus there are many other links to assist in your legal and factual research. Website design and hosting — Provided by the OBA staff to committees, sections and county bar associations. Prepared speeches for community/civic groups (http://bit.ly/publicspeeches) — Speeches, out-lines and handouts prepared by the OBA’s Bench and Bar Committee on selected topics for presentation to public groups. PUBLICAT IONS Oklahoma Bar Journal (www.okbar.org/obj) — 34 issues annually, contains articles, court opin-ions, substantive law, state bar news, profes-sional changes, member news (moves, kudos, additions to firms, etc.), master calendar of judi-cial and bar events, $55 annual subscription, free to members. Specially printed binders to keep bar journals organized are provided to members at $15.95 each. Continuing Legal Education materials — Semi-nar materials and form books are available for purchase, an affordable way to get quality, state-specific practice aids. Prices start at approximate-ly $40. A complete list of topics is available online, or come by the CLE Dept. at the Oklahoma Bar Center Monday – Friday, 8:30 a.m. – 5 p.m., and review the books available. CLE materials are also available in an electronic format, by chapter, at www.legalspan.com/okbar/e-pubs.asp. Consumer information brochures (www.okbar. org/public/brochures) — Pamphlets on 15 top-ics covering commonly asked questions to give to clients, sold to OBA members at a minimal cost of $16 for 100. Brochure topics are: wills, probate, joint tenancy, home buying, tenant rights and duties, landlord rights, divorce, small claims court, employee rights, bankruptcy, trial juror information, lawyers & legal fees, living wills (brochure and form), criminal law and resolving conflicts and disputes. As a commu-nity service, the OBA distributes the brochures free to courthouses and libraries throughout the state. There’s an order form online. PRACTICE MANAGEMENT/ PROFESIONALISM Young Lawyers Division — The YLD is a profes-sional service network offering the chance to par-ticipate in community and bar-related programs. Lawyers of any age who have been in practice less than 10 years are automatically members. No dues are required. Find information about YLD programs at www.okbar.org/yld. 118 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 Continuing Legal Education seminars (www. okbar.org/cle) — The OBA creates and coordi-nates: live seminars, webcasts and videotaped programs. The OBA also offers materials on a full spectrum of legal topics. OBA members can come to the bar center anytime during regular business hours to watch a seminar video of your choice and earn CLE, but please call in advance to schedule. Call Renee Montgomery at 405-416-7029. Practice management/ technology hotline ser-vice — Free telephone calls to the Management Assistance Program (MAP) staff and the OBA Director of Information Systems for brief answers about practical management and technology issues, such as law office software, under-standing computer jargon, staff and personnel problems, software training opportunities, time management and trust account manage-ment. Call 405-416-7008. Office “health checks” — In-depth personal or group consultations that take place in the law-yer’s office, consultations may focus on technol-ogy, office procedures or other areas agreed upon by attorney and MAP Coordinator. Fee is $500 per day for small law firms (five attorneys or less) or $750 per day for medium or larger firms (more than five attorneys), program offered by OBA’s MAP Department. Call 405-416-7008 to schedule. MAP workshops — Customized day-long pre-sentations on technology and office procedures conducted on-site to a group of attorneys and staff members from different firms using a multimedia approach, may include computer-generated presentation, videotapes on such topics as professionalism and trust accounting procedures and workshop exercises, afternoon session devoted to answering specific questions anonymously submitted. This is for firms who wish to share costs and have more general infor-mation presented to them. Book purchasing program — OBA members can purchase ABA Law Practice Management Section books at the same discount as ABA/ LPM members through the OBA Management Assistance Program. Lending library — Law practice management books, video and audio tapes available for law-yers to check out and review. There is no fee for checking out materials to take home. The com-plete list of materials is online at www.okbar. org/members/map/lending.htm. Ethics Counsel — Assists members with ethical questions and inquiries on subjects such as con-flicts, confidentiality and client concerns. The Ethics Counsel also presents continuing educa-tion programs on the topics of ethics and profes-sionalism. Call 405-416-7055. Crisis Counseling Services — Need help with stress, depression or addiction? Call the Law-yers Helping Lawyers Assistance Program toll-free at 800-364-7886. The OBA offers all bar members up to six hours of free crisis counseling. It’s strictly confidential and available 24 hours a day. Plus, members can take advantage of free lawyer support groups that meet monthly in Tulsa and Oklahoma City. Details about the Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 119 women’s groups are online at www.okbar.org/s/ women, and information about the men’s groups are at www.okbar.org/s/men. OBA sections — 24 substantive law sections that offer professional development and interac-tion, experience professional growth by learn-ing from colleagues in your practice area and develop new contacts, benefits vary by section with a growing number of sections holding midyear or quarterly meetings that offer free or discount CLE to section members, some sections publish member newsletters. For a list of sections and their annual dues, go to www.okbar.org/members/sections/. County bar association and civic group speak-ers — OBA officers, Board of Governors mem-bers and staff members are available (for the price of a meal) to speak at luncheons and ban-quets on a wide variety of topics including legis-lative issues, ethics, law office management and law practice tips. NETWORKING Leadership opportunities — Boards, commit-tees, sections, and commissions are some of the volunteer opportunities that offer career devel-opment and ways to interact with other attor-neys and judges. Members may volunteer to serve on a committee at anytime during the year. The link to sign up can be found at www.okbar. org. Scroll down to find the “Get Involved” box and click on “Join a committee.” Annual Meeting — Participate in CLE pro-grams, section and committee meetings, have a voice in determining the OBA’s legislative pro-gram and electing future state bar leaders, take advantage of networking opportunities with attorneys and judges from throughout the state. The 2012 Annual Meeting will be Nov. 14-16 at the Sheraton Hotel in Oklahoma City. Solo & Small Firm Conference/YLD Midyear Meeting — Lawyers have the opportunity to get to know one another and to take advantage of a CLE seminar in a relaxed family setting. Watch for details to be announced soon. OTHER SERVICES Direct dial and 24-hour messaging to OBA staff members — Bypass waiting for the OBA recep-tionist to answer your call by dialing a staff person or department directly, a list of phone numbers is published in the Oklahoma Bar Jour-nal next to the events calendar, leave a voice message anytime (nights and weekends too). After-hour calls to the general phone numbers 405-416-7000 or 800-522-8065 are automated and will list department extension numbers to punch in if you don’t know the direct phone number. Video conferencing — Available at the Tulsa County Bar Center and OSU Tulsa so that com-mittee and section members can join in on meet-ings without traveling to Oklahoma City. Legislative services — The OBA’s executive director works for adoption of legislative issues approved by the House of Delegates, and the Legislative Monitoring Committee provides a periodic legislative report highlighting the sta-tus of selected bills during the session. The report is published in the Oklahoma Bar Journal and on the website while the Legislature is in session. Meeting rooms at Bar Center — Many size rooms to choose from to accommodate small and large group meetings, client conferences and depositions. Free to members during week-day business hours, nominal fee for evenings. Toll-free phone number — In-state OBA mem-bers who live outside the Oklahoma City metro calling area can place free calls to the Oklahoma Bar Center by dialing 800-522-8065, which con-nects you to our receptionist (a real, live person 120 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 — not a machine) to direct your call to the prop-er person or department. OPTIONAL MEMBER PURCHASE Oklahoma Legal Directory — Official directory of OBA members with addresses and phone numbers, roster alphabetical and by county, includes guide to county, state and federal offic-es plus departments of the U.S. and Oklahoma government, complete digest of courts, profes-sional associations including OBA officers, com-mittees and sections. Published by Legal Direc-tories Publishing Co. in both hard bound and electronic editions; $60 + shipping and sales tax. Call 800-447-5375 ext. 2 to request order form or go to www.legaldirectories.com. Title Examination Standards — Contains all the presently effective Oklahoma Title Examination Standards and reflects all revisions, produced by the OBA Real Property Law Section, $5 per copy, free to section members. The 2012 Title Examina-tion Standards are expected to arrive at the bar center in February. To be mailed a copy, email Wanda Reece-Murray for the exact shipping cost at firstname.lastname@example.org. OBA-sponsored insurance programs — Keep rates low through group buying power. For information about OBA programs for life, health (employer-group and individual), individual disability, personal umbrella liability, long-term care and other insurance plans, contact Beale Pro-fessional Services 405-521-1600, 800-530-4863; www.bealepro.com. For professional liability, Oklahoma Attorneys Mutual Insurance Co. is the only insurer owned by OBA members, 405-471- 5380, 800-318-7505; www.oamic.com. They also offer a broad range of court bonds with more information at oklahoma.onlinecourtbonds.com. ABA Retirement Funds — The ABA Retirement Funds program is designed to provide unique, full service 401(k) plans to the legal community, and ABA membership is not required. It was cre-ated over 45 years ago by the American Bar Association. By leveraging the size of the ABA Retirement Funds Program which brings togeth-er nearly 4,000 firms, the program offers a fund lineup and services traditionally only available to the largest corporate plans. These services are offered at no out-of-pocket expense to law firms of all sizes with institutionally priced funds for their participants. Couple these benefits with the oversight that the ABA Retirement Funds Board provides over the entire program and you have a retirement solution that may enable firms to hire and retain quality employees, control expenses and assist them with their fiduciary responsibilities. Contact a program representative at 800-826-8901 for a program prospectus or visit www.abaretirement.com for more information. MEMBER DISCOUNTS FedEx Shipping Services — Members are eligi-ble to receive valuable discounts of up to 26 percent on select FedEx® shipping services. There are no costs and no minimum shipping requirements to take advantage of this great new member benefit. OBA members can save: • Up to 26 percent on FedEx Priority Overnight® and FedEx Standard Overnight® envelopes. • Up to 20 percent on FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day® and FedEx Express Saver® paks and packages, and FedEx International Priority® and FedEx International Economy® shipments. • Up to 12 percent on FedEx Ground® and FedEx Home Delivery® shipments, depend-ing on the weight of the package. • Up to 70 percent on FedEx Freight® and FedEx National LTLSM services. For more information or to enroll, please go to www.1800members.com/new/oba or call 1-800-MEMBERS 7 a.m. – 5 p.m. CST, M-F. Vol. 83 ��� No. 2 — 1/14/2012 The Oklahoma Bar Journal 121 Colcord Hotel — A boutique hotel near Brick-town in downtown Oklahoma City, the Colcord Hotel offers OBA members a discounted rate of $133 per night for a deluxe king or deluxe dou-ble double room. Call the hotel at (866) 781-3800 to make your reservation and mention that you are an OBA member for the special discount or make your reservation online utilizing the cor-porate rate: access code is OKLBar. LawPay Merchant Account — Credit card pro-cessing designed for attorneys that safeguards and separates client funds into trust and operat-ing accounts. Credit cards attract clients, win business, improve cash flow and reduce collec-tions. To learn more call 866-376-0950 or visit www.affiniscape.com/oklahomabar. LawWare — Bar members may subscribe to the document assembly, document management and client management software program at a discounted group rate. Created by Oklahoma attorneys in 1991, LawWare streamlines the pro-cess of organizing and generating legal forms and related documents for law offices of any size. With the OBA endorsement, members may subscribe to LawWare at a discounted rate of $49 per month for the first copy and $10 per month for each additional office copy. To inquire about LawWare or to order a subscription, call 866- LAW-WARE or visit www.LawWare.com. Online Data Backup & Recovery — CoreVault offers bar members data backup and recovery services at a discounted rate. The service is auto-mated and centrally managed to help law firms protect their data. It provides daily offsite protec-tion, fast restores, encrypted data and customer service. In addition, CoreVault’s two private data centers are geographically separated and possess redundant systems. Don’t worry about losing your data and not being able to restore it due to virus, hard drive crash, acci-dental deleting of data, natural disaster, flood and the many other ways that could cause you to lose your data. To sign up or get more information, visit www.corevault.net/oba or call 888-265-5818. International Travel — Go Next has been in business for 38 years. They provide high quality, recreational travel to destinations around the globe. Group rates on trips are available to you, your family and your friends. All trips include airfare from either Oklahoma City or Tulsa, accommodations, transfers, breakfast buffet and other amenities. See highlights of the current trip offerings at www.GoNext.com. Call Go Next toll-free at 800-842-9023 for more informa-tion and/or reservations. WESTLAW discounts — West Publishing Corp. offers OBA members a variety of discounts on its products and services, members receive Oklaho-ma’s jurisdictional CD-ROM libraries with the first billable monthly subscription charge waived. For information on other offers avail-able call (800) 762-5272. WordPerfect Licensing Program — The OBA has signed on to Corel Corporation’s bar asso-ciation licensing program, allowing OBA members to purchase licenses of the award-winning WordPerfect® Office Suite at substan-tially reduced prices. To place an order, go to www.corel.com/barassociation. 122 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 123 124 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 ALTERNATIVE DISPUTE RESOLUTION SECTION D. Michael O’Neil Jr., Co-Chairperson (OKC) 210 Park Ave., Suite 700 Oklahoma City, OK 73102 405-232-2020 Michael@christensenlawgroup.com Michael A. Simpson, Co-Chairperson (Tulsa) Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile 1500 ParkCentre 525 S. Main Tulsa, OK 74103-4524 918-582-8877 (x4224) email@example.com Andrea Braeutigam, Treasurer 2017 N.W. 47th St. Oklahoma City, OK 73118 405-640-2819 Andrea.firstname.lastname@example.org Robert J. Carlson, Co-Secretary 1100 OneOk Plaza 100 W. 5th St. Tulsa, OK 74103-4217 918-595-4873 email@example.com Justin Munn, Co-Secretary Smakal, Munn & Mathis 320 S. Boston Ave., Suite 718 Tulsa, OK 74103 918-582-3400 firstname.lastname@example.org APPELLATE PRACTICE SECTION Greg Eddington, Chairperson 1004 N.W. 39th St. Oklahoma City, OK 73118 405-208-5973 email@example.com OBA Sections Meet Your Bar Association Want a way to network with other attorneys in your practice area from across the state? The OBA supports 24 substantive law sections that offer professional development and interaction. Experience professional growth by learning from colleagues in your practice area and develop new contacts, benefits vary by section with a growing number of sections holding midyear or quarterly meetings that offer free or discount CLE to section members, some sections publish member newsletters. The following is a list of those who are leading the sections in 2012. Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 125 Collin R. Walke, Chairperson-Elect 101 Park Ave., Suite 800 Oklahoma City, OK 73102 405-235-1333 firstname.lastname@example.org Mark T. Koss, Treasurer P.O. Box 720804 Oklahoma City, OK 73172-0804 405-720-6868 Markemail@example.com Allison Thompson, Secretary 1915 N. Stiles, Suite 357 Oklahoma City, OK 73105 405-522-1564 Allison.firstname.lastname@example.org BANKRUPTCY AND REORGANIZATION SECTION Layla J. Dougherty, Chairperson Mock, Schwabe, Waldo, Elder Reeves & Bryant PLLC Two Leadership Square 211 N. Robinson, 14th Floor Oklahoma City, OK 73102 405-348-2445 email@example.com E. Therese Buthod, Chairperson-Elect 111 W. 4th St. P.O. Box 1347 Okmulgee, OK 74447-1347 918-549-7221 Therese_buthod@okeb.uscourts.gov John B. Jarboe, Secretary/Treasurer Jarboe & Stoermer 401 S. Boston, Suite 1810 Tulsa, OK 74103-4018 918-582-6131 firstname.lastname@example.org BUSINESS AND CORPORATE LAW SECTION Mark Schell, Chairperson Unit Corporation P.O. Box 702500 Tulsa, OK 74170-2500 918-493-7700 Mark.email@example.com CRIMINAL LAW SECTION Cindy Danner, Chairperson Oklahoma Indigent Defense System P.O. Box 926 Norman, OK 73070-0926 405-801-2727 Cindy.firstname.lastname@example.org Charles S. Rogers, Chairperson-Elect 2816 W. 15th Ave. Stillwater, OK 74074-1824 405-521-3921 Charles.email@example.com Virginia Sanders, Secretary Oklahoma Indigent Defense System P.O. Box 926 Norman, OK 73070 405-801-2727 firstname.lastname@example.org Russ Cochran, Treasurer 7301 Deerberry Lane Oklahoma City, OK 73150 email@example.com Doug Drummond, Publications Tulsa County District Attorney’s Office 500 S. Denver Ave. Tulsa, OK 74105 918-596-4865 firstname.lastname@example.org Mike Wilds, Publications Criminal Justice Professor & Attorney at Law 3100 E. New Orleans St., D-230 Broken Arrow, OK 74014 918-449-6532 email@example.com Ben Brown, CLE Planning Oklahoma County Public Defender’s Office 5905 Classen Court Oklahoma City, OK 73118 405-713-6770 firstname.lastname@example.org 126 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 ENERGY AND NATURAL RESOURCES LAW SECTION Pamela S. Anderson, Chairperson Hall Estill 320 S. Boston Ave., Suite 200 Tulsa, OK 74103-3704 918-594-0448 email@example.com Lisa Silvestri, Chairperson-Elect GableGotwals 1100 Oneok Plaza 100 W. 5th St. Tulsa, OK 74103-4217 918-595-4800 firstname.lastname@example.org Brad Gungoll, Secretary/Treasurer Gungoll Jackson 3030 Chase Tower 100 N. Broadway Oklahoma City, OK 73102 405-272-4710 Gungoll@gungolljackson.com Eric Huddleston, Budget Director Elias, Books, Brown & Nelson Two Leadership Square 211 N. Robinson Ave., Suite 1300 Oklahoma City, OK 73102 405-232-3722 email@example.com L. Vance Brown, Immediate Past Chairperson Elias, Books, Brown & Nelson Two Leadership Square 211 N. Robinson, Suite 1300 Oklahoma City, OK 73102-7114 405-232-3722 firstname.lastname@example.org ENVIRONMENTAL LAW SECTION Michael C. Wofford, Chairperson Doerner, Saunders, Daniel & Anderson 201 Robert S. Kerr Ave., Suite 700 Oklahoma City, OK 73102-4203 405-319-3504 email@example.com Jeri R. Fleming, Chairperson-Elect 5508 E. 32nd Ave. Stillwater, OK 74074 405-744-9994 Jeri.firstname.lastname@example.org Laura J. Finley, Secretary 5801 N.W. 86th St. Oklahoma City, OK 73132 405-249-0517 email@example.com Betsey Streuli, Treasurer Oklahoma Dept. of Environmental Quality P.O. Box 1677 Oklahoma City, OK 73101 405-702-7189 Betsey.firstname.lastname@example.org ESTATE PLANNING, PROBATE AND TRUST SECTION Gale Allison, Chairperson The Allison Firm P.O. Box 700116 Tulsa, OK 74170 918-492-4500 email@example.com Kara M. Greuel, Chairperson-Elect Curzon, Cumbey & Junkel PLLC 5100 E. Skelly Drive, Suite 1040 Tulsa, OK 74135 918-491-4036 firstname.lastname@example.org Keith Peters, Secretary Two Leadership Square 211 N. Robinson, 10th Floor Oklahoma City, OK 73102 405-471-6106 Keith.email@example.com Donna J. Jackson, Treasurer 2812 N.W. 57th St., Suite 104 Oklahoma City, OK 73112 405-840-1874 firstname.lastname@example.org Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 127 Kendra M. Robben, Co-Mid-Year Meeting Coordinator Robben & Associates LLC 2932 N.W. 44th St. Oklahoma City, OK 73112-6005 405-496-2607 Kendra@robbenlaw.com Brian Hill, Co-Mid-Year Meeting Coordinator Heritage Trust Co. 2802 W. Country Club Drive Oklahoma City, OK 73116 405-848-8899 email@example.com Michelle Nelson, Legislative Liaison 2112 East 15th St. P.O. Box 472142 Tulsa, OK 74147-2142 918-398-7526 firstname.lastname@example.org FAMILY LAW SECTION Tamera A. Childers, Chairperson 3800 First Place Tower 15 E. 5th St. Tulsa, OK 74103-4309 918-581-8200 email@example.com Ron Little, Chairperson-Elect Two W. 2nd St., Suite 700 Tulsa, OK 74103-3117 918-582-1211 firstname.lastname@example.org Heather Flynn Earnhart, Secretary 320 S. Boston, Suite 200 Tulsa, OK 74103 918-594-0400 email@example.com Kimberly K. Hays, Budget Officer/Treasurer 248 W. 16th St. Tulsa, OK 74119 918-592-2800 firstname.lastname@example.org Ron Little, CLE Chair Two W. 2nd St., Suite 700 Tulsa, OK 74103-3117 918-582-1211 email@example.com David A. Tracy, Awards & Nominations 1701 S. Boston Ave. Tulsa, OK 74119 918-582-8000 David.firstname.lastname@example.org Virginia Henson, Practice Manual Co-Editor (aka Technology) 314 E. Comanche, Suite 102 P.O. Box 1243 Norman, OK 74070-1243 405-310-3956 Virginia@phmlaw.net Jon R. Ford, Practice Manual Co-Editor (aka Technology) One Grand Center 201 N. Grand, Suite 400 Enid, OK 73701-4341 580-234-0253 email@example.com Phillip J. Tucker, Practice Manual Co-Editor (aka Technology) P.O. Box 601 Edmond, OK 73083 405-348-1789 firstname.lastname@example.org David Tracy, Practice Manual Co-Editor (aka Technology) 1701 S. Boston Ave. Tulsa, OK 74119 918-582-8000 David.email@example.com Ron Little, Practice Manual Co-Editor (aka Technology) Two W. 2nd St., Suite 700 Tulsa, OK 74103-3117 918-582-1211 firstname.lastname@example.org Brad Cunningham, Membership Chair 320 S. Boston, Suite 725 Tulsa, OK 74103 918-779-3800 email@example.com 128 The Oklahoma Bar Journal Vol. 83 �� No. 2 — 1/14/2012 Noel K. Tucker, Legislative Co-Chair P.O. Box 601 Edmond, OK 73083-0601 405-348-1789 firstname.lastname@example.org Phillip J. Tucker, Legislative Co-Chair P.O. Box 601 Edmond, OK 73083 405-348-1789 email@example.com Rees T. Evans, Historian 501 N.W. 13th St. Oklahoma City, OK 73103-2203 405-232-4311 Rees.firstname.lastname@example.org William G. LaSorsa, Bylaws Chairperson 15 E. 5th St., Suite 3800 Tulsa, OK 74103-4309 918-581-8200 email@example.com Keith Jones, Social Co-Chair 5801 E. 41st St., Suite 300 Tulsa, OK 74135-5628 918-770-4890 firstname.lastname@example.org LeAnne McGill, Social Co-Chair 3839 S. Boulevard, Suite 150 Edmond, OK 73013 405-285-8048 email@example.com Donelle Ratheal, Trial Advocacy Institute Committee Chairperson 4045 N.W. 64th St., Suite 210 Oklahoma City, OK 73116 405-842-6342 firstname.lastname@example.org Noel K. Tucker, Policies/Procedures Manual P.O. Box 601 Edmond, OK 73083-0601 405-348-1789 email@example.com Noel K. Tucker, Publications/Journal P.O. Box 601 Edmond, OK 73083-0601 405-348-1789 firstname.lastname@example.org Virginia Henson, Publications/Journal 314 E. Comanche, Suite 102 P.O. Box 1243 Norman, OK 74070-1243 405-310-3956 Virginia@phmlaw.net Judge Mary Fitzgerald (Tulsa), Judicial Liaison Co-Chair 2729 E. 22nd St. Tulsa, OK 74114 918-596-5000 Mary.email@example.com Judge Barry Hafar (OKC), Judicial Liaison Co-Chair 10451 Stone Gate Drive Arcadia, OK 73007 405-713-1166 Barry.firstname.lastname@example.org Noel K. Tucker, ABA Liaison P.O. Box 601 Edmond, OK 73083-0601 405-348-1789 email@example.com Kimberly K. Hays, Immediate Past Chairperson 248 West 16th St. Tulsa, OK 74119 918-592-2800 918-592-4143 (fax) Kimberlyhayslaw@aol.com FINANCIAL INSTITUTIONS AND COMMERCIAL LAW SECTION J. Mark Lovelace, Chairperson Phillips Murrah PC Corporate Tower, 13th Floor 101 N. Robinson Ave. Oklahoma City, OK 73102 405-235-4100 firstname.lastname@example.org TBA, Vice Chairperson Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 129 Brian W. Pierson, Secretary/Treasurer BancFirst P.O. Box 26788 Oklahoma City, OK 73126 405-270-4791 email@example.com Robert T. Luttrell III, Program Coordinator McAfee & Taft Two Leadership Square, 10th Floor 211 N. Robinson Oklahoma City, OK 73102-7103 405-552-2291 firstname.lastname@example.org Mike Rubenstein, List Serve Liaison Rubenstein, McCormick & Pitts PLLC 1503 E. 19th St. Edmond, OK 73013 405-340-1900 email@example.com GENERAL PRACTICE-SOLO AND SMALL FIRM SECTION James A. Slayton, Interim Chairperson 4808 Classen Blvd. Oklahoma City, OK 73118 405-848-9898 firstname.lastname@example.org GOVERNMENT AND ADMINISTRATIVE LAW PRACTICE SECTION Tamar Graham Scott, Chairperson 200 N.E. 21st St. Oklahoma City, OK 73105 405-521-2635 email@example.com Gary Payne, Chairperson-Elect 2328 N.W. 118th St. Oklahoma City, OK 73120 405-271-12669 firstname.lastname@example.org Scott Boughton, Treasurer/Budget Officer 3545 N.W. 58th St., Suite 1000 Oklahoma City, OK 73112-4712 405-717-8957 email@example.com HEALTH LAW SECTION Beau Patterson, Chairperson Two Leadership Square, 10th Floor 211 N. Robinson Ave. Oklahoma City, OK 73102 405-552-2276 firstname.lastname@example.org Cori Loomis, Vice Chairperson 20 N. Broadway, Suite 1800 Oklahoma City, OK 73102-8273 405-234-3238 email@example.com Elizabeth Tyrrell, Secretary Two Leadership Square, 10th Floor 211 N. Robinson Ave. Oklahoma City, OK 73102 405-235-9621 Elizabeth.firstname.lastname@example.org Karen Rieger, Budget Officer 20 N. Broadway, Suite 1800 Oklahoma City, OK 73102 405-235-7788 email@example.com HOUSE COUNSEL SECTION Brent Mills, Chairperson P.O. Box 53036 Oklahoma City, OK 73152-3036 918-520-6886 firstname.lastname@example.org INDIAN LAW SECTION Chrissi R. Nimmo, Chairperson Assistant Attorney General Cherokee Nation P.O. Box 948 Tahlequah, OK 74465 918-458-6998 Chrissiemail@example.com Brandy L. Shores, Chairperson-Elect 1800 S. Baltimore, Suite 500 Tulsa, OK 74119 918-382-7523 firstname.lastname@example.org 130 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 Susan M. Arkeketa, Secretary 110 W. 32nd St. Sand Springs, OK 74063 918-408-6444 email@example.com Trisha Archer, Budget Officer 9242 S. Sheridan Road, Suite K Tulsa, OLK 74133 918-619-9191 firstname.lastname@example.org INSURANCE LAW Jon Starr, Chairperson McGivern, Gilliard & Curthoys P.O. Box 2619 Tulsa, OK 74101-2619 918-584-3391 email@example.com Ryan C. Harper, Vice Chairperson 10441 S. Regal Blvd., Suite 200 Tulsa, OK 74133-7192 918-970-2000 firstname.lastname@example.org J.M. Scott Ryan, Treasurer Taylor, Ryan, Schmidt & Van Dalsem PC 850 Boulder Towers 1437 S. Boulder Ave. Tulsa, OK 74119 918-948-6958 email@example.com Susan L. Eads, Secretary Angela D. Ailles & Associates One Benham Place 9400 N. Broadway Ext., Suite 500 Oklahoma City, OK 73114 405-475-9707 Susan.firstname.lastname@example.org INTELLECTUAL PROPERTY LAW SECTION Julianna G. Deligans, President Hall, Estill, Hardwick, Gable, Golden & Nelson PC Chase Tower, Suite 2900 100 N. Broadway Oklahoma City, OK 73102 405-553-2828 email@example.com Scott R. Zingerman, Vice President Fellers, Snider, Blankenship, Bailey & Tippens PC 321 S. Boston, Suite 800 Tulsa, OK 74103-3318 918-599-0621 firstname.lastname@example.org Barbara Krebs Yuill, Secretary/Treasurer Dunlap & Coding PC 1601 N.W. Expressway, Suite 1000 Oklahoma City, OK 73118 405-607-8600 email@example.com David M. Sullivan, Director Crowe & Dunlevy 20 N. Broadway, Suite 1800 Oklahoma City, OK 73102 405-235-7700 David.firstname.lastname@example.org Andrew B. Peterson, Director McAfee & Taft Two Leadership Square 211 N. Robinson Ave., 10th Floor Oklahoma City, OK 73102-7103 405-235-9621 Andy.email@example.com Sean V. O’Connell, Director-at-Large/ Immediate Past Chairperson 3212 Timberline Place Edmond, OK 73013 405-229-9709 firstname.lastname@example.org LABOR AND EMPLOYMENT LAW SECTION Christine Cave, Chairperson Employers Legal Resource Center 301 N.W. 63rd St., Suite 390 Oklahoma City, OK 73116 405-702-9797 email@example.com Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 131 Adam W. Childers, Vice Chairperson Crowe & Dunlevy PC 20 N. Broadway, Suite 1800 Oklahoma City, OK 73102 405-235-7741 firstname.lastname@example.org Nicole M. Longwell, Secretary 320 S. Boston Ave., Suite 700 Tulsa, OK 74103 918-382-9200 email@example.com Amber L. Hurst, Treasurer Hammons, Gowens, Hurst & Assoc. 325 Dean A. McGee Ave. Oklahoma City, OK 73102 405-235-6100 firstname.lastname@example.org LAW OFFICE MANAGEMENT AND TECHNOLOGY SECTION Phil Tucker, Chairperson P.O. Box 601 Edmond, OK 73083 405-348-1789 email@example.com LITIGATION SECTION Renée DeMoss, Chairperson 100 W. 5th St., Suite 1100 Tulsa, OK 74103-4217 918-595-4800 firstname.lastname@example.org Larry Lipe, Vice Chairperson 4000 One Williams Center Tulsa, OK 74172-0148 918-586-8512 email@example.com MILITARY AND VETERANS LAW SECTION Robert Donald Gifford II, Chairperson 210 Park Ave., Suite 400 Oklahoma City, OK 73102 405-553-8736 Robert.firstname.lastname@example.org REAL PROPERTY LAW SECTION Scott W. Byrd, Chairperson Riggs, Abney, Neal, Turpen, Orbison & Lewis 3726 E. 43rd St. Tulsa, OK 74135 918-587-9762 Swbyrd42@hotmail.com Jeff Noble, Chairperson-Elect 4040 N. Tulsa Oklahoma City, OK 73112 405-942-4848 email@example.com Christopher J. Smith, Budget Officer 1000 W. Wilshire, Suite 428 405-919-6876 Chris.firstname.lastname@example.org Rebecca Sherwood, Secretary American Eagle Title 7306 S. Lewis, Suite 105 Tulsa, OK 74136 918-894-4150 email@example.com Lucas J. Munson, Member at Large 247 N. Broadway Edmond, OK 73034 405-513-7707 firstname.lastname@example.org Matt Winton, Member-at-Large Vaughn & Winton PLLC 3233 E. Memorial Road, Suite 103 Edmond, OK 73013 405-478-4818 email@example.com Kraettli Epperson, Title Examination Standards Committee Chairperson 50 Penn Place 1900 N.W. Expressway, Suite 1400 Oklahoma City, OK 73118 405-848-9100 firstname.lastname@example.org 132 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 Jason Soper, Legislative Liaison Committee Chairperson P.O. Box 1292 Oklahoma City, OK 73101 405-415-1503 email@example.com John B. Wimbish, Title Examination Standards Handbook Editor-in-Chief 5314 S. Yale, Suite 200 Tulsa, OK 74135 918-494-3770 firstname.lastname@example.org TAXATION LAW SECTION W. Todd Holman, Chairperson 1257 W. 112th St. S. Jenks, OK 74037 918-599-7755 email@example.com Alan G. Holloway, Vice Chairperson Two Leadership Square 211 N. Robinson, 10th Floor Oklahoma City, OK 73102-7109 405-552-2344 firstname.lastname@example.org Charlotte Abigail Dillsaver, Secretary Oklahoma Tax Commission 120 N. Robinson, Suite 2000W Oklahoma City, OK 73102-7471 405-319-8550 email@example.com Ralph “Ted” Blodgett, Treasurer 629 24th Ave. S.W. Norman, OK 73069 405-360-5533 firstname.lastname@example.org Kurt M. Schneiter, Member-at-Large (West) 2200 Classen Blvd., No. 3123 Norman, OK 73071 405-833-4595 email@example.com Kenneth L. Hunt, Member-at-Large (East) 320 S. Boston Ave., Suite 200 Tulsa, OK 74103-3708 918-594-0420 firstname.lastname@example.org Julie M. Holmes Chapel, IRS Liaison 55 N. Robinson, Room 830 Oklahoma City, OK 73102 405-297-4823 Julie.email@example.com Sheppard F. Miers Jr., OTC Liaison 100 W. 5th St., Suite 1100 Tulsa, OK 74103-4217 918-595-4800 firstname.lastname@example.org WORKERS’ COMPENSATION SECTION Jennifer E. Jackson, President 224 E. Main St. Oklahoma City, OK 73104 405-418-2083 email@example.com Molly Hanna Lawyer, President-Elect 825 S. Indianapolis Ave. Tulsa, OK 74112 918-382-7523 firstname.lastname@example.org John Shears, Treasurer 210 Park Ave., Suite 700 Oklahoma City, OK 73102 405-232-2020 email@example.com Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 133 RECENT AMENDMENTS TO THE ACT The following amendments were made to the Nontestamentary Transfer of Property Act and went into effect Nov. 1, 2011. Acceptance by the Grantee Beneficiary One of the most significant changes to the law addresses how a grantee beneficiary accepts the property following the owner’s death. A grantee beneficiary is required to file a notarized affidavit with the county clerk’s office where the property is located. The affi-davit must verify the record owner’s death, indicate whether or not the owner and the grantee were married at the time of death, and provide a legal description of the property. Under the old version of the law, if the record owner and grantee beneficiary were not mar-ried, a death certificate and estate tax release were required to be attached to the affidavit. There was no time frame in which this affida-vit had to be filed.3 The 2011 amendments eliminated the require-ment of filing the estate tax release, but made a death certificate mandatory for all grantee ben-eficiaries regardless of marital relations with the record owners. More importantly, the new law requires that the affidavit be filed within nine months of the record owner’s death. Fail-ure to file the affidavit will cause the convey-ance to lapse and the property will revert back to the record owner’s estate.4 Disclaimer Under the old statute, a grantee beneficiary had nine months from the record owner’s death to disclaim an interest in the property. Furthermore, the law specifically authorized a guardian or other legal representative to exe-cute a disclaimer on behalf of a legally incom-petent grantee beneficiary.5 Under the new law, this disclaimer provision has been removed. Presumably, a grantee beneficiary who wishes to disclaim the property needs only to fail to file the affidavit accepting the property. Transfer-on-Death Deeds 2.0 Statutory Changes Answer Some Questions, But Raise New Ones By Catheryn Koss SCHOLARLY ARTICLE The Nontestamentary Transfer of Property Act,1 originally enacted in 2008, allows owners of real property to execute revocable deeds that take effect only upon the owners’ death. In March 2011, Dale L. Astle published an article in the Oklahoma Bar Journal2 highlighting several problems with the law. During the 2011 session, the Oklahoma Legislature addressed many of the issues raised by Astle and passed significant amend-ments to the statute. This article describes the recent changes and discusses some new questions these amendments raise. 134 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 Spousal Rights The original Nontestamentary Transfer of Property Act was silent on the issue of how an interest in property conveyed by a TOD deed would be affected by the spousal rights of the record owner’s surviving husband or wife. The amended statute states that, at least in cases when the record owner married after executing the TOD deed, the grantee beneficiary takes an interest in the real estate free of any spousal claims under Title 84 O.S. §44.6 Joint Tenancy in Grantee Beneficiaries Under the old law, if a grantee beneficiary died prior to the record owner, the transfer would lapse unless an alternative grantee ben-eficiary was named in the TOD deed.7 The statute did not address the effect of the death of one grantee beneficiary when the TOD deed conveyed the property to multiple beneficia-ries as joint tenants with rights of survivorship. The amended statute now clarifies that if a TOD deed designates grantee beneficiaries as joint tenants with right of survivorship, the joint tenancy is not invalidated if one or more of the beneficiaries predeceases the record owner.8 NEW QUESTIONS While the recent amendments to the Nontes-tamentary Transfer of Property Act resolve several important issues, they raise quite a few new ones. In particular, the requirement that grantee beneficiaries file an affidavit accepting the real property within nine months of the record owner’s death is fraught with potential problems, a few of which are discussed below. Multiple Grantee Beneficiaries The requirement of filing an affidavit accept-ing the property within nine months of the record owner’s death raises several possible problems in situations where there are either multiple grantee beneficiaries or one grantee beneficiary and an alternate beneficiary. What would happen if the primary grantee beneficiary does not timely file an affidavit but there is an alternate beneficiary named? For example, Joe Smith is named as grantee benefi-ciary, with Sue Jones as alternate beneficiary. Joe Smith has nine months to file an affidavit claim-ing the property, but fails to do so. The revised statute does not give the alternate beneficiary any additional time to file an affidavit before the property reverts to the estate of the deceased owner of record. Could the alternate grantee beneficiary file an affidavit accepting the prop-erty in the event the first grantee beneficiary fails to accept the property? Could the primary grantee beneficiary file a disclaimer (even though the language regarding how to disclaim has been revoked), giving the alternate grantee ben-eficiary an opportunity to accept? Likewise, in the case of multiple grantee ben-eficiaries, how would failure of one or more beneficiaries to file the affidavit accepting the property affect the interests of those who do? Would the grantee beneficiary who fails to file be treated as having predeceased the record owner, thus allowing the share (at least when the grantee beneficiaries are joint tenants with right of survivorship) to pass the other grantee beneficiaries? Or, would the unclaimed share Under the old law, if a grantee beneficiary died prior to the record owner, the transfer would lapse unless an alternative grantee beneficiary was named in the TOD deed. Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 135 of the property revert back to the record own-er’s estate? Failure to File the Affidavit as de facto Disclaimer It would appear that a grantee beneficiary who fails to timely file an affidavit accepting the property is by default disclaiming his or her interest in the property. Unlike an affirmative disclaimer, it is unclear when the disclaimer would take effect. In situations when disclaiming an interest in property would be treated as a gift — such as for persons receiving or who will receive assistance through the Medicaid (Sooner- Care) program — when a grantee beneficiary is deemed to have an interest in the property and when failure to claim that interest is treated as a disclaimer could have significant conse-quences, including disqualification from public benefits. Incapacitated or Deceased Beneficiaries A provision in the original statute, now revoked, specifically authorized a guardian or other representative to execute a disclaimer on behalf of a legally incompetent grantee benefi-ciary. 9 The 2011 version of the statute is silent on the issue of whether or not a legal represen-tative of a grantee beneficiary may execute the affidavit necessary to accept the property. To the extent that executing and filing an affi-davit may be characterized as collecting a debt owed to the ward under 30 O.S. §4-702 of the Oklahoma Guardianship and Conservatorship Act, the statute could be interpreted to authorize a guardian to execute the affidavit claiming the property on behalf of an incapacitated grantee beneficiary without a court order. With regard to agents acting under durable powers of attorney, a Durable Power of Attor-ney executed pursuant to the Uniform Dura-ble Power of Attorney Act may grant to the attorney-in-fact limited or complete authority with respect to the principal’s real property.10 To avoid potential legal challenges, it may be advisable to expressly include the authority to execute the required affidavit. Likewise, the Uniform Statutory Form Power of Attorney Act authorizes an attorney-in-fact, acting under a statutory power of attorney that includes estate, trust and other beneficiary transactional powers, “to act for the principal in all matters that affect a trust, probate estate… or other fund from which the principal is, may become, or claims to be entitled, as a benefi-ciary, to a share or payment.”11 The act also authorizes an agent who is granted power with respect to real property to accept or reject an interest in real property on behalf of the princi-pal. 12 If the affidavit is signed by an attorney-in- fact on behalf of a grantee beneficiary, the Durable Power of Attorney should be filed in the county clerk’s office where the property is located.13 A related question is whether a legal repre-sentative may decide on behalf of a ward not to file an affidavit accepting the property (in effect disclaiming the interest). A guardian act-ing pursuant to 30 O.S. §4-702 may discharge debts owed to the ward, but only with court approval. To the extent failure to file the affida-vit is treated as a discharge of a debt, it may be necessary for a guardian to seek the court’s approval to refrain from filing an affidavit claiming the property.14 However, 60 O.S. §752 authorizes a guardian or other legal representative to disclaim interest in property on behalf of a minor or incapacitated person with or without a court order if the guardian determines such an act would be in the best interest of and not detrimental to the benefi-ciary. Therefore, to the extent failure to file an affidavit is analogous to a disclaimer, a guardian may be authorized to refrain from accepting the property without a court order. The sections relating to powers of attorneys-in-fact under Titles 15 and 58, discussed above, would also apply to any rejection of interest in real property accomplished on behalf of a principal. The statute also does not address whether the nine-month period for filing an affidavit is tolled in the event the grantee beneficiary is incapacitated or otherwise under a legal impair-ment. Nor does it address whether the legal representative can file an affidavit accepting the property on behalf of the estate of a grantee beneficiary who is living at the time of the record owner’s death but dies prior to filing the affidavit. CONCLUSION The Nontestamentary Transfer of Property Act provides an excellent and much-needed means by which property owners, particularly low and middle income people, can pass on their estate without the costs and delays of probate. However, because of the new require-ment that grantee beneficiaries affirmatively accept the property within nine months of the 136 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 record owner’s death, there is potential for confusion and unintended consequences. 1. 58 O.S. §1251, et seq. 2. Astle, Dale L. “Transfer-on-Death Deeds in Oklahoma.” The Oklahoma Bar Journal, Vol 82, No. 8 (March 12, 2011). 3. 58 O.S. §1255. 4. 58 O.S. §1252 (effective Nov. 1, 2011). 5. 58 O.S. §1254(D). 6. 58 O.S. §1255(A) (effective Nov. 1, 2011). 7. 58 O.S. §1255(C). 8. 58 O.S. §1255(B) (effective Nov. 1, 2011). 9. 58 O.S. §1254(D). 10. 58 O.S. §1072.1. 11. 15 O.S. §1013. 12. 15 O.S. §1006; 15 O.S. §1012 also authorizes an attorney-in-fact who is granted authority over insurance and annuity transactions to designate or change a beneficiary under an insurance contract. However, the agent may only designate himself as a beneficiary if he was already designated a beneficiary under a contract executed by the principal prior to the execution of the durable power of attorney. It is likely that an agent who designates himself as grantee beneficiary would likely be breaching his fiduciary duty by engaging in self-dealing. 13. Title Examination Standard 6 §6.7. 14. 30 O.S. §4-702. Catheryn Koss is the execu-tive director of the Senior Law Resource Center, a nonprofit organization providing legal information and services to elders and caregivers. She also teaches elder law and wills, trusts and estates as an adjunct professor at Oklahoma City University School of Law. In addition to a J.D. from OCU, she has an undergraduate degree in anthro-pology from Smith College and a master’s degree in adult education-gerontology from the University of Central Oklahoma. About The Author INVESTIGATOR OFFICE OF THE GENERAL COUNSEL OKLAHOMA BAR ASSOCIATION Applications are now being accepted for an entry level position as an Investigator for the Office of the General Counsel, Oklahoma Bar Association. The investigators review allegations against members of the bar which may involve violations of the rules of professional conduct. Duties include interviewing witnesses, reviewing legal documents and financial statements, preparing reports, and testifying at disciplinary and reinstatement hearings before the Professional Responsibility Tribunal. Applicants should have a degree from an accredited university or comparable work experience, possess excellent writing skills and be able to work independently. Some travel may be required. Law enforcement, accounting, legal or investigative experience strongly preferred. Salary negotiable, depending upon credentials and experience. Excellent benefits including retirement, health and life insurance. Resumes and cover letters Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152 or electronically to firstname.lastname@example.org. THE OKLAHOMA BAR ASSOCIATION IS AN EQUAL OPPORTUNITY EMPLOYER should be submitted by January 31, 2012 to Gina L. Hendryx, General Counsel, Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 137 A freshman-year science film inspired Jenny to apply for a youth conservation program at Yellowstone National Park. She returned to Holland Hall filled with passion to establish programs for Earth Day, Ban the Bottle and more. “What I love about this place is that everyone is different. Everyone is passionate. And we are supported 100 percent.” Unbottle your child’s potential by contacting Richard Hart, Director of Admission, at (918) 481-1111. Discover the Advantage. hollandhall.org “DON’ T KEEP YOUR PAS S ION BOT TLED UP.” – Jenny, Holland Hall Senior 138 The Oklahoma Bar Journal Vol. 83 — No. 2 — 1/14/2012 The National Conference of Commissioners on Uniform State Laws promulgated the Uni-form Arbitration Act (UAA) in 1955. The UAA was adopted in Oklahoma in 1978.3 Due to the increased use and growing com-plexity of arbitration in the last half of the 20th century, the national conference appointed a drafting committee to consider revising the UAA. The drafting committee’s work resulted in the national conference adopting the Revised Uniform Arbitration Act in 2000. In 2005 Okla-homa adopted the revised act and codified it at 12 Okla.Stat. §§1852-1881 (ORUAA). At the same time Oklahoma repealed the UAA it had adopt-ed in 1978. The ORUAA now governs an agree-ment to arbitrate without regard to whether the arbitration agreement was made before or after the effective date of the ORUAA.4 If interstate commerce, is involved it is pos-sible that an arbitration agreement will be sub-ject to the FAA. There are two exceptions: First, where interstate commerce is deemed insuffi-cient to engage the FAA;5 Second, where the parties have expressly provided in the arbitra-tion agreement that the arbitration will be con-ducted under state law. In the second instance, state law principles will trump the preemptive effect of the FAA, so long as those principles do not conflict with the FAA’s prime directive that agreements to arbitrate be enforced.6 With this background considered, this article will note some of the important sections of ORUAA and decisions that have been decided following its enactment. THE ARBITRAT ION AGREMENT Arbitration arises from the agreement of the parties to submit to private dispute resolution. Courts will not require arbitration when the parties have not agreed to it because “arbitra-tion is a matter of consent, not coercion.”7 To assure that the parties have consented to arbi-tration, the court decides 1) whether a valid enforceable arbitration agreement exists, 2) whether the parties are bound by the arbitra-tion agreement and 3) whether the parties agreed to submit the particular dispute to arbi-tration. 8 State contract law applies in determin-ing whether parties have agreed to arbitrate.9 When Oklahoma adopted the UAA in 1978, commerce was mostly conducted through paper transactions. Arbitration agreements were required to be “written” to be enforce-able. ORUAA §1857A now requires the arbitra-tion agreement to be contained in a “record” which §1852(6) defines as not only a written document in a tangible medium, but also “information … that is stored in an electronic or other medium and is retrievable in perceiv-able form.” This change accommodates the Oklahoma’s Revised Arbitration Act By Ronald Ricketts SCHOLARLY ARTICLE At common law, arbitration was not accepted as an appro-priate method to resolve disputes.1 Congress enacted the Federal Arbitration Act (FAA) in 1925 and that marked the beginning of a change in the attitude toward arbitration. Today, both federal and Oklahoma law reflect a “strong presump-tion in favor of arbitration.”2 Vol. 83 — No. 2 — 1/14/2012 The Oklahoma Bar Journal 139 technological revolution in electronic and digi-tal communication that followed the UAA. ORUAA §1855 allows the parties to an arbi-tration agreement to waive, or vary, the require-ments of the ORUAA, with certain exceptions. This is an attempt to balance the philosophy of providing sufficient flexibility to the parties so they can draft an agreement that satisfies their needs, while still protecting the inherent fair-ness in the arbitration process. Nonwaivability falls into two categories: 1) Those provisions of the ORUAA that cannot be waived or varied before a dispute arises, and 2) those provisions that can never be waived, either before or after the dispute arises. ORUAA §§1855(B)(1) and (B)(4) set forth those provisions that cannot be waived in a pre-dispute context. They include: §1859(A) (access to judicial relief); §1857(A) (necessity for a valid enforceable arbitration agreement); §1859 (remedies from the court or arbitrator); §1868(A) and (B) (availability of subpoenas and deposi-tions); §1877 (relating to enforcement of arbi-tration agreements); §1879 (relating to appeals from certain court orders); and §1867 (right to legal representation). Additionally, §1855(B)(2) prohibits the unreasonable restriction of the right to notice under §1860, and §1855(B)(3) prohibits the unreasonable restriction of the right to disclosure of facts by the arbitrator under §1863. ORUAA §1855(C) includes those provisions that are not waivable at any time — regardless of when the dispute arises. These provisions involve fundamental rights without which there could be no fair arbitration process. They cover access to the judicial process and an arbitrator’s inherent rights. The parties cannot waive the right to compel or stay arbitration, the right to move to confirm or vacate an award, or the immunity rights of an arbitrator and arbitration organization. As a general proposition, only parties to an arbitration agreement are compelled to arbitrate and an arbitration clause cannot be invoked by or against a non-party. The Oklahoma Supreme Court first addressed the issue of whether, or in what manner, a nonsignatory may be bound by an arbitration agreement in Carter v Schuster.10 In Carter the Supreme Court said11 The United States Court of Appeals for the Second Circuit has identified five theories for binding nonsignatories to arbitration agreements: 1) incorporation by reference, when a party has entered into a separate contractual relationship with the nonsigna-tory incorporating the existing arbitration clause; 2) assumption, when subsequent conduct indicates nonsignatory has assumed the obligation to arbitrate; 3) agency, when traditional principles of agency law may bind a nonsignatory to an arbitration agree-ment; 4) veil-piercing/alter ego, when the corporate relationship between a parent and its subsidiary are sufficiently close to justify piercing the corporate veil and holding one corporation legally accountable for the actions of the other, such as, to prevent fraud or other wrong or when a parent dominates and controls a subsidiary; and 5) estoppel, when the claims are integrally related to the contract containing the arbitration clause. Thomson-CSF, S.A. v American Arbitration Ass’n, 64 F.3d 773, 776-779 (2d Cir. 1995). An example of incorporation by reference is found in High Sierra Energy, L.P. v Hull, et al.12 where a purchase and sale agreement con-tained an arbitration agreement while two related, but separate, employment agreements did not. The employees moved to compel arbi-tration because the purchase and sale agree-ment and the employment agreements each incorporated by reference the other. The trial court denied the motion to compel. The deci-sion was reversed because the trial court did not resolve ambiguities in the agreements in favor of arbitration. The appellate court con-cluded that it could not say with positive assurance that the employment agreements were not subject to the arbitration clause in the purchase and sale agreement.13 Construction subcontracts often incorporate by reference the “general conditions” of the prime contract and those conditions typically contain an arbitration clause. Highland Crossing L.P. v Ken Laster Co.14 involved a case where the owner signed the prime contract with the gen-eral contractor. The prime contract bound the owner to arbitrate “any claim arising out of or related to the contract.” After an arbitration was commenced between the general contractor and a subcontractor, the subcontractor joined the owner and received an award against him. The award was confirmed despite the owner’s con-tention he was a party to only the prime con-tract, and not to the subcontract. The award was affirmed on appeal since the “contract demon-strates owner’s agreement to arbitrate claims related
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