March 2022 Tulsa Lawyer Magazine

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Judiciary & Courts



A Message from the President

Kara Vincent 2021-2022 TCBA President

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Law Day Speaker 2022 Bill Price

U.S. attorney & Republican candidate for high office who spearheaded prosecutions in the most pervasive public corruption spectacle in American history: the Oklahoma county commissioner scandal.

Golden Rule Award 2nd Quarter

M. Shane Henry

TULSA LAWYER

In this Issue

March 2022

2

Recognizing the Judiciary

4

Tee Time! Annual TCBF Charity Golf Tournament

5

Golf Registration Form

6

Golden Rule 2nd Quarter - M. Shane Henry

8

TCBA Nominations Notice for 2022-2023

9

Liberty Bell Nominations Sought

10

Judicial Q &A - Judge Kasey Baldwin Special Judge, Tulsa County District Court

12

Food from the Bar Challenge

13

Law Day - April 29th

14

Judicial Q & A - Judge Stacie Hixon, Oklahoma Court of Civil Appeals Court

16

VP's Corner - Animal Law Committee Benefits Tulsa SPCA & Remembers Faith Orlowski Mike Esmond

18

Community Outreach Committee- Food Bank Opportunity, May 7th

19

First Responders Will Clinic

20

The Lynn Miller Law Day Book Club for 2022

20

Judicial Dinner Sponsors - Thank You!

22

What Are the Main Differences Between a Class-Action Lawsuit and a Lawsuit in Multi-District Litigation? By Chad McLain

24

Check out the TCBA Spaces Available

25

TCBA Brown Bag CLE Continues!

26

The TCBA & Zone Academy

29

Ask-a-Laweyr: A New Beginning

30

Member Benefits

31

Thank You to our Golf Tourney Sponsors!

32

In Memory of...

33

Grapevine

35

Classifieds

36

TCBA Contacts & Committees


A Message from the President Kara Vincent

Honor the Judiciary This month at the TCBA, we honor the judiciary. With the bi-annual Judiciary Dinner last month, the TCBF together with the TCBA held an event the goal of which was to help give our Tulsa County Judges the tools they need to do their jobs effectively and efficiently. Some of those tools include technology improvements at the Tulsa County District Courthouse and all of them benefit not only the judges, but also the attorneys and the larger communities we all serve. I’m writing this article in February…so I’m going to be positive and state here that the event was wildly successful and we raised the necessary funds to really make a difference. Let’s hope I’m correct.

You might wonder if all the effort for the judiciary is worth the investment? I believe it is. I implore all readers of this article to consider, with me, how we can show our appreciation for the commitment to the community our local judges and their staff demonstrate every day. Judges are like everyone else. They are imperfect and mistakes happen. However, I’ve witnessed some of their struggles as they and their staff work hard to dispense justice – especially during the last two years. COVID has created a forced shift in the way things operate and our judges deal daily with its effects on both the processes and the people. Frankly, from my seat at counsel table, being a judge is no easy task. It must take great stamina and tenacity to face the attorneys and litigants who bring myriad, intricate legal questions for answering, complex family and other interpersonal conflicts for resolving, and varying socioeconomic perspectives for consideration. Our judges receive and digest vast amounts of information, process arguments, consider precedent and constantly changing statutes, and wade through all the personalities and extraneous factors to deliver decisions, opinions and outcomes that have very real effects on our community. Personally, I believe that being a part of the judiciary is a calling. There has to be something that draws these individuals into this type of service – into the trenches to help people resolve disputes and answer those legal questions.


We, the attorneys in the community, need a judiciary willing to heed that call. We need intelligent judges who will ignore the peripheral issues and focus on understanding the facts and applying the law to those facts to craft resolutions based in justice. We need sagacious judges who will render decisions even when those decisions go against esteemed counsel. We need compassionate judges who will show mercy and grace to the attorneys and their clients who are sometimes traumatized by the events that have brought them into their courtrooms. We need “Teflon” judges who will not hold a grudge against the attorneys who appeal those decisions at times. We need good judges and we need to honor the efforts of the ones we have serving currently. We need to recognize that they are human. We need to remember that most people don’t get up each day determined to screw up, so, we acknowledge that our judiciary are doing the best they know how with the cases, staff, and resources before them.

are the words we attorneys should utter first every time we enter a courtroom. Sometimes attorneys can feel alone in the struggle. Judges must too. Long before I ever darkened the doorstep of (the former) John Rogers Hall at the Tulsa University College of Law, I wanted to be a lawyer. When I was working as a CPA, I always thought about it, and when I finally got the opportunity to go to law school, I was thrilled that I had the chance to do something I had always dreamed of doing. Now, there are days that I’m living the dream … and then there are the days when I would prefer to let the dream die in quarantine. However, in all of that dreaming, it never occurred to me to consider being a judge. Perhaps that is why I am so grateful to have the task of highlighting the judiciary this month and giving them a written thanks for all they collectively do. Sincerely,

As I am writing this article, there’s a song Kara Vincent from the 1980’s running through my mind: “We’ve TCBA President, 2021-2022 Got Tonight.” While the song topic certainly doesn’t apply, the lyrics from the first verse may (bear with me, I have a point.): I know it’s late. I know you’re weary. And I know your plans don’t include me. Still here we are, both of us lonely. Longing for shelter from all that we see… chorus:

Being me, I can’t help but to draft my own We’ve got today. Maybe tomorrow. Don’t give me a continuance. Please let me stay.

When I think about all that I “see” on a daily basis, it must pale in comparison to what our judges “see”. From arguments over custody in family court to allegations about the missing diamond ring in probate court (there’s ALWAYS a diamond ring), some days it must be more than a mere mortal can bear. When the sometimes less-than-professional conduct of attorneys is added in, I believe the line “I know you’re weary”




Golden Rule Award 2nd Quarter

M. Shane Henry

M. Shane Henry has been selected as this quarter’s Golden Rule Award Winner. Shane graduated from the University of Tulsa College of Law in 2006 and immediately began working all types of cases including criminal, domestic and civil. As do all attorneys, he has experienced both success and defeat in the courtroom and according to Judge Ann Keele, Shane “is always prepared, polite, and courteous towards opposing counsel and the court. He advocates for his clients with dignity and respect, and accepts the Court’s decision with grace and honor, even when unfavorable to his clients’ position.” Shane has served as section chair or co-chair for both the TCBA and OBA Family Law Sections and chair of the TCBA Litigation section. According to Melissa Fell, “he has always set the standard for providing meaningful content and interesting speakers, and inspired the rest of us to go above and beyond in our service to the bar, usually leading one of the other members of the firm to step into his space on a section as he moves on.” He has also given a lot of his time to support the Paralegal section with several presentations and providing content for their meetings, always recognizing what an integral part of the team they fulfill. Shane routinely volunteers for the TCBA Court Assistance Program or “CAP”. Since joining the Pro Bono Committee in July of 2019, and despite the evictions docket being closed for 6 months due to the COVID pandemic, Shane has managed 68 cases for 56.75 billable hours for an estimated $17,025 in legal fees (estimated at $150/hour)! That is quite a record to amass in a short amount of time says CAP Coordinator, Beth Nellis. Melissa Fell also adds “I remember every year he would make sure that as many of us as possible would show up to take holiday presents to the courthouse staff so that they knew we all appreciated them for all their hard work, rather than just having the gifts delivered by a runner. This, to me, goes to his essence, as someone who values everyone and he has never put himself above anyone else.” Thank you Shane, for truly being an exemplary example of what the Golden Rule award stands for. 6 Tulsa Lawyer

GOLDEN RULE 1: capitalized G&R : a rule of ethical conduct: do to others as you would have them do to you 2: a guiding principle


Golden Rule Award Criteria The Golden Rule award is given to lawyers who make outstanding contributions to their profession and have the highest of ideals and are willing to mentor to those with less experience. Criteria for Award: 1. Recognizes the ethical and professional obligations as an officer of the court as well as the spirit and intent of the Rules of Professional Conduct. 2. Practices ethically and honestly and is true to his/her word. 3. Strives for the traditional goals of moral excellence. 4. Exhibits the highest standards of fairness and integrity.

5. Sets a model example for conduct with members of the Bar and the Judiciary not only by words but more importantly by deeds.

Thank You to these in-kind sponsors of the TCBF Golf Tourney EAGLE

6. Is civil, courteous and respectful towards the court and his/her opponents. 7. Is loyal to his/her client without trickery and deception and without using abusive practices or misleading the court or opposing counsel. 8. Avoids the temptation to make his/her client’s case into a personal vendetta. 9. Conducts himself/herself in a manner that improves the image of the legal profession in the eyes of the public.

HOLE



Liberty Bell Award Nominations Previous recipients of the TCBA Liberty Bell Award 1984 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021

The Liberty Bell Award was established more than 50 years ago to acknowledge outstanding community service. The Liberty Bell is presented to a non-lawyer who has promoted better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government in the community. The Liberty Bell Award is one of the most prestigious awards the Tulsa County Bar Foundation can bestow on an individual or group of individuals.

Lois McIlroy Mary Jo Speaker Nancy McDonald Lynn Jones George Singer Jill Tarbel Ha Thi Crick Steven Dow Michael Reggio Marty Mundell Winona Tanaka Kim Camp Harriet Morgan Sally Howe-Smith Sandra K. Cousins Chester Cadieux Jane Kolesnik Channel 2 Tuesday Morning Miracle Workers Hamilton 6th Grade Teachers Community Service Council of Greater Tulsa Theresa Hansen Sherri Carrier Cortez Tunley & Tava Slocum Ralph Schaefer Cheryl Conklin Disabled American Veterans Bill Braun Julie Delcour Suzane Stewart Amley "Popsey" Floyd Christine Po Candace Pierce

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Please forward all nominations to

Lizzie Ritter, Law Week Chair lizzie.riter@okdhs.org

Nominees may be an individual or a group that has: • Promoted better understanding of the rule of law • Encouraged a greater respect for law and the courts • Stimulated a sense of civic responsibility • Contributed to good government in the community

Deadline for nominations is Thursday ~ March 31, 2022.


Judicial Q&A Judge Kasey Baldwin Special Judge

Tulsa County District Court You have primarily practiced in criminal law for the majority of your career, what other area(s) of the practice of law did you find most interesting? I find litigation interesting. Generally, if I’m in the courtroom I’ll be happy.· Please explain your philosophy of public involvement and practice of giving your time to community service. How do you anticipate your personal philosophy would What have you found most challenging about your translate to your service as a Special District Judge? job? I only have very brief experiences in the private practice of law. However, those experiences were enough to I litigated throughout my career, and now preside over teach me that the business aspects of the practice of law litigation. Getting used to my new role in the process, do not excite me. I learned early on that I am motivated one where I can’t jump in and do it myself is an by public service, following behind a long line of non- adjustment. I’m betting (hoping) that will become less legal public servants in my family before me. I take the challenging over time.· bench with a genuine desire to contribute positively to my community; the belief that I am fulfilling a necessary Everyone needs some down time, how do you like to role is what keeps me satisfied in my professional life. · relax when you are not working? I have three children and three large dogs - what is free Who or what has inspired you most in your professional time?!? I watch my fair share of trashy reality tv, but try to balance that with a good fiction book. I grew up as life and why? a fan of college basketball and became a football fan in I won’t embarrass anyone. However, I have great college. I cheer on my two alma maters – the University admiration for multiple judges in Tulsa County who are of Iowa Hawkeyes and University of Kansas Jayhawks. responsible for my being appointed to the bench. It’s I have also adopted my husband’s alma mater, and unlikely I would have applied, if not for their suggestion usually attend a handful of Oklahoma Sooners football and support in doing so. I will be lucky if I can emulate games each year. · their time on the bench. I have also been touched by kindness among the bar here in Tulsa. I came to Tulsa as a transplant from Chicago in 2016, knowing no one What was the most valuable piece of advice you in the legal community. Lawyers supporting lawyers received during your career as a Public Defender? is part of how I got an opportunity here in Tulsa, and All you can do is advise. It’s often hard to accept achieved success along the way. I try to repay that when a client does not listen to your advice; when the kindness in my everyday life.· consequences are severe, it can be mind-consuming. However, you will sleep much easier at night when


you learn to let go of what you cannot control – the decision your client makes. If you have fully advised your client, you have done your job. Every client is different, but sometimes your calm acceptance of a client’s decision to proceed against your advice is enough to make that client reconsider. Your client is expecting you to hard-sell them on your position and when you don’t, they may convince themselves to come around instead. · Was there one piece of advice you received during your career from which all lawyers &/or judges could benefit? Somewhere, sometime during a presentation relatively early in my career, ethics counsel said the most common attorney bar complaint involved lack of communication. That surprised me at the time – it’s so simple. However, in my years of practice, it was such a common complaint that I witnessed clients and counsel voice in the courtroom or around the office. I believe a large part of my success with opposing counsel and client satisfaction was simply because I communicated often and responded promptly, even if all I reported was that there was nothing new to report. Saving communication with the client and/or opposing

counsel for the courtroom is a recipe for disaster and may end up costing you more of your time in the end.· If you could have been a jurist on any of the historical landmark decisions (e.g. Brown v. Bd. Of Ed., Roe v. Wade, Marbury v. Madison, etc.), which one and why? Gideon v. Wainwright, no question. That case is responsible for the majority of my legal career, and stands for something I truly believe in. Access to justice should be equal for all.

Stephanie Mitchell

Tulsa Lawyer 11


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Judicial Q&A Judge Stacie Hixon Oklahoma Court of Civil Appeals Court You spent your time as an attorney at Steidley & Neal Law Firm working on civil litigation matters. What other area(s) of the practice of law did you find most interesting? I liked insurance bad faith cases the best. For areas outside of my practice, though still civil matters, I once wanted to be an oil and gas attorney. We have a broad body of energy law with its own vernacular, in an industry which impacts everyone in our state in some way. I find it particularly interesting. Please explain your philosophy of public involvement and practice of giving your time to community service. How do you anticipate your personal philosophy would translate to your service at the Court of Civil Appeals? I believe it is important to devote our gifts to helping those in need. While I try to do that in private life, I wanted to join the Court to use what I learned professionally to serve in a different way. The courts serve real people in stressful circumstances who need expedient resolution and assurance of a fair process. For an appellate judge, I think the best way to provide that is to follow the law, render unbiased, timely decisions, and to explain our reasoning clearly, so that it can be understood, followed, or challenged on appeal if we have erred. That is my goal at COCA. Who or what has inspired you most in your professional life and why? I am inspired by my parents. We are not in the same field, but they have a strong work ethic, are dependable, and would never do only the bare minimum at a job. 14 Tulsa TulsaLawyer Lawyer

What have you found most challenging about your job? The biggest challenge has been learning the breadth of areas we handle, but it has also been the most enjoyable part. Everyone needs some down time, how do you like to relax when you are not working? I read, I cook, and I spend as much time as I can with my newly-teenage son doing things to embarrass him. What was the most valuable piece of advice you received during your career as an attorney? Buddy Neal taught me that courtesy and trustworthiness are not only obligations, they are a key to success and your own well-being. ·Was there one piece of advice you received during your career from which all lawyers &/or judges could benefit? Gil Steidley told me more than once (in response to my various worries), “if this is the worst thing that happens today, we are in good shape.” Lawyers are perfectionists and horrible to themselves. We have to be diligent and avoid those unfixable mistakes. But we need to be able to let minor things go, and not make ourselves miserable. No one is perfect.


Thank You for Your Support! The Official Sponsor of the TCBA & TCBF Gold Sponsor

Silver Sponsor

Friends of the Bar

If you are interested in being a sponsor of the Tulsa County Bar Association and Tulsa County Bar Foundation contact tamiw@tulsabar.com or 918-584-5243 Ext. 1002.


VP'S CORNER Mike Esmond

TCBA Vice President 2021-2022

Animal Law Committee Benefits Tulsa SPCA & Remembers Faith Orlowski My youngest daughter, Harper, wants a dog. Badly. We already have one dog, but for years Harper has wanted another to call her own. Last summer she struck a deal with me and my wife – if she gets straight A’s, she gets a dog. We’re now almost ¾ of the way through the school year and Harp’s on track to get her dog. A week doesn’t go by without her reminding us of our promise or showing us pictures of adoptable dogs that she thinks would fit in well with our family. One of her favorite places to search is the Tulsa SPCA – an organization close to my heart and a beneficiary of the generosity of the TCBA Animal Law Committee.

to positively impact the lives of animals and people. Events the Committee has recently hosted include “Santa Paws,” an opportunity to have pet photos taken with Santa (thanks, Paul McTighe!), and an evening at Pinot’s Palette in Jenks. Upcoming events will include an “Eat Out for a Cause” at Amelia’s Brasserie in early summer (look for details coming soon) in coordination with the Community Outreach Committee.

Money raised this year will be donated to the Tulsa SPCA for a memorial it is building in memory of Faith. The permanent memorial will provide an outdoor space for potential adopters to meet and interact with dogs and an area inside the shelter for people and their newly adopted pets to take their "going home" photos. The memorial will not only remember Faith and the impact she had on the animals and people in our community, The Animal Law Committee was started years ago by but will also inspire others to try and fill the void left by Faith Orlowski. Before she passed away in 2020, Faith her passing. also served on the board of the Tulsa SPCA for many years, helped establish other nonprofit animal welfare I would love to have Harper meet her new dog and take organizations, and was well known for providing legal their “going home” photo with the new memorial. But advice and counsel (mostly pro bono) to numerous even if the timing doesn’t work out, I’m happy that I can animal organizations and animal lovers. The passion share my memories and help grow in her the same love that Faith had for animals and organizations dedicated to for animals and spirit of kindness that Faith embodied their welfare is closely rivaled by the current chairwoman and that Katy and the other members of the Animal Law of the Animal Law Committee, Katy Inhofe. Katy is a Committee carry on today. former president of the Tulsa SPCA and the founder of Pause-4-Paws, a local non-profit that fosters pets whose If you’re interested in joining the Animal Law Committee owners find themselves in crisis due to mental health, or just want to support its mission, please contact Julie Rivers. Donations and new committee members are substance abuse or other issues. always welcome. Under Katy’s leadership, the Committee focuses on raising funds to support efforts by local non-profits 16 Tulsa Lawyer


Animal Law at Pinot’s Palette $280.00 was raised for the Faith Orlowski Memorial at the Tulsa SPCA. Thank you to all who participated!

Chandler Moxley, Lacy Pulliam, Megan Szukala

Gloria Newman, Allen Pease, Beth and Dennis Davis, Carol Pease

CAP

VOLUNTEERS NEEDED • VOLUNTEERS NEEDED FOR "CAP"- COURT ASSISTANCE PROGRAM FORCIBLE ENTRY & DETAINER ("EVICTION" DOCKET) • MONDAY - THURSDAY AFTERNOONS • BEGINNING AT 2PM

Kelly Hunt, Carol & Allen Pease, Willam Searcy

Faith Orlowski 1954-2020

• JUVENILE JUSTICE CENTER 500 W. ARCHER • FREE PARKING.

CONTACT: BETH NELLIS, CAP COORDINATOR bethnellis@cox.net or 918-760-3945


Thank you to outgoing Presiding District Judge William D. Lafortune for your service! And welcome to the new Tulsa County District Court Presiding Judge Douglas E. Drummond. Be sure to check out photos of the Judicial Dinner in the April issue of Tulsa Lawyer Magazine

TCBF Community Outreach Committee New Volunteer Opportunity A fantastic opportunity to support the community and make your volunteer hours count! Two shifts to select from that is most convenient with your schedule.

 NOTE: Please make sure to follow the link in your confirmation email to register and complete your signup on the OK Food Bank site.

When:

Saturday, May 7th, 2022
 Option 1: 9am - 12pm
 Option 2: 1pm - 3pm

Where:

Community Food Bank of Eastern Oklahoma
 1304 N. Kenosha Ave, Tulsa 74106

Tasks:

Bagging, boxing, assembling, sorting, weighing and labeling food donations and product in the Volunteer Center

• • •

EVERY volunteer will need to create a new account and register for the timeslot you would like, even if you have previously set-up an account. See link in your confirmation email. Make sure to wear loose, comfortable clothing and closed toe shoes are required for safety. Masks are mandatory for unvaccinated AND vaccinated volunteers and staff.
 If you have additional questions, please contact Julie Rivers at JulieR@tulsabar.com or 918-584-5243 x1001



2020 Lynn Miller Law Day Book Club Sessions will be virtual with registration limited to 15 and prior registration is required. You may register by emailing Martha.carter@oscn.net for members and up to one guest per member. Thurs., March 24 Christy Caves will lead discussion of The Judge’s List by John Grisham

Thank You to our Judicial Dinner Table Sponsors

Tues., April 12 Magistrate Judge Paul Cleary will lead the discussion of Gunfight: The Battle Over the Right to Bear Arms in America by Adam Winkle May (Date TBD) Judge Daman Cantrell, will lead the discussion of Unworthy Republic, The Dispossession of Native Americans and the Road to Indian Territory by Claudio Saunt

University of Tulsa School of Law Tulsa County Bar Association Eller & Detrich, PC Doerner, Saunders, Daniel & Anderson, LLP Barber & Bartz, PC Titus, Hillis, Reynolds & Love, PC



What Are the Main Differences Between a Class-Action Lawsuit and a Lawsuit in Multi-District Litigation? By Chad McLain Class-action lawsuits find their origin in Medieval England from the 1200s. They were known then as “group litigation” and involved groups of people suing or being sued. In modern class actions, a plaintiff sues a defendant or number of defendants on behalf of a group, or class, of absent parties. Instead of each person bringing their own lawsuit, a class action allows all of the claims of all class members to be resolved in a single proceeding. Class-action lawsuits usually involve a relatively small harm caused to a large number of people. Where the damages suffered by one person would not justify pursuing the case, the damages suffered by many combined in one lawsuit may justify pursuing the case.

field between large corporations and average citizens. The class action provides a remedy to large groups of consumers who have suffered the same or similar harm. Federal Rule of Civil Procedure 23 and the cases interpreting this rule govern all the steps that are criteria for establishing a class action. Rule 23 sets out prerequisites that must exist to establish a class: 1) the class is so numerous that joinder of all members is impracticable; 2) there are questions of law or fact common to the class; 3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and 4) the representative parties will fairly and adequately protect the interests of the class.

Class-action lawsuits have always been a means to level the playing

The concept that ultimately resulted in the modern Multidistrict Litigation (“MDL”) started in the 1960s and arose from a backlog of cases involving a bid-rigging scheme on heavy equipment that power companies used to generate and transmit electricity. This backlog started with criminal prosecutions of some of the executives, and then came the civil lawsuits. There were over 1900 lawsuits alleging 25,000 separate claims against 20 different product lines filed in 36 different federal court divisions. The lawyers and judges worked together to devise a system that

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combined much of the discovery process and were able to combine some of the trials that involved similar claims against the same defendants. Most of these cases were resolved by the late 1960s. In 1968, Congress created the Joint Panel on Multidistrict Litigation (“JPML”).

to courts where they originated for the actual trial.

One of the most significant benefits of an MDL is that each client’s individual needs can be considered while still providing many of the same benefits that a class-action lawsuit may provide. The ability to pool resources often makes it easier for the representative When a large number of individual lawsuits are attorneys to work together to find the best ways to take filed against one or multiple defendants across many on colossal pharmaceutical or medical companies that different jurisdictions, the cases are generally referred have virtually unlimited resources. to as a mass tort. A mass tort is when the same alleged In a class action, if the plaintiff wins, all members of defective drug or device has caused the same or similar the class are usually entitled to receive an equal share harm to multiple people. Many times, the plaintiffs, of the settlement funds. In an MDL, each party usually defendants, or sometimes both sides will move to receives a portion of an award or settlement based on consolidate the litigation to be handled by one judge. At the nature and extent of their individual injuries. In the federal level, the decision on whether to consolidate a class action, if the plaintiff loses, all members are or not is handled by the JPML. If the JPML decides to bound by the decision. In an MDL, each plaintiff can consolidate proceedings, it will also decide the judge pursue their own lawsuit in the court of origin if they who will handle the consolidated proceedings. This disagree with the terms of a settlement or the litigation. then becomes an MDL. The purpose of consolidating the litigation is to streamline the process, promote The attorneys at Graves McLain handle defective consistency in decisions, and facilitate resolution in a drug and device cases in MDLs all over the country. cost-effective manner. We are currently investigating cases involving drugs that cause cancer, including but not limited to, Zantac In contrast to class-action lawsuits, civil cases involving and Valsartan. In addition, we are investigating cases one or more common questions of fact can end up in against the makers of Enfamil and Similac because cow an MDL. This process allows other legal actions to be milk based baby formula has been linked to causing consolidated for pre-trial proceedings, including an Necrotizing Enterocolitis or “NEC”. extensive discovery phase, but they may be sent back

Everyone Loves a Snack!

Snack Sponsors Needed for the Street Law Project • $100 = Snacks for one session • Feeds 20 students and 10 adults • Contact Tami Williams to sign up! • tamiw@tulsabar.com -or6! 918.584.5243 Ext. 1002 pg 2

See

Steidley & Neal, PLLC is pleased to announce that Jamie A. Rogers has joined the firm. Steidley & Neal, PLLC is pleased to announce that Jamie Rogers has joined the firm as an associate Jamie graduated from Ponca City High School in 1996. She graduated Summa Cum Laude from Oklahoma State University in 1999, then received her Juris Doctorate with highest honors from the University of Oklahoma in 2003. She was a member of the Oklahoma Law Review and The Order of the Coif. She was awarded multiple American Jurisprudence awards while at OU and was named a Comfort Scholar. She and her husband enjoy sailing.


Brown Bag Wednesday, Feb. 16th Right: Kevinn Matthews presented Justice Reif a thank you gift on behalf of the TCBA for being our speaker. Top Far Right: Judge Wiseman introducing Justice Reif Be sure to sign up for Brown Bag CLE! See the remaining programs on the facing page.

Need a Space to Hold a Meeting?

Benefactor's Room

Boardroom 24 Tulsa Lawyer

With the TCBA offices newly remodeled and re-purposed spaces, you have the opportunity to rent the meeting rooms for mediations, depositions, staff meetings & classes…or whatever you may need! Each room upstairs will accommodate various size needs from 2 – 26 and most have A/V capabilities. We also have the Seminar Room downstairs that will accommodate a classroom size of 80. We have rates for both Members and non-members of the Association. If you would like to check the availability, contact Julie Rivers at julier@tulsabar.com

Seminar Room

Deposition Room

Past President's Room


The Bar Center will be CLOSED on Friday, April 15th for Good Friday.


The TCBA & Zone Academy Street Law, Inc, is a global, nonpartisan, nonprofit organization with more than 40 years of experience developing classroom and community programs that educate young people about law and government. The program and content is designed using current research and best practices in the fields of civic education, youth development, teacher professional development, and democracy education.

Legal Life Skills Program Remaining Schedule *This schedule is fluid and could change due to unforeseen circumstances. In that case, a notice will be made to all participants. March 3 – Tour of the Juvenile Justice Center

March 10 – Street Law Lesson: Intro to Juvenile Since its inception in 1972, Street Law has been Justice System providing a legal community partnership program to March 24 – Tour of Barber & Bartz teach practical law to young people and adults who are most vulnerable to injustice. This program ensures March 31 – Street Law Lesson: Landlord/Tenant that participants know their rights and build key life Rights & Responsibilities skills to help them advocate for themselves and their April 7 – Tour of GableGotwals communities. April 14 – Street Law Lesson: Financial Literacy By utilizing the Street Law, Inc Legal Life Skills Program of Street Law, the TCBA aims to provide April 20 – Legal Life Skills with Special Guest Lucky students from the Zone Academy “opportunities to Lamons & Year End Wrap Up Party develop the legal knowledge, skills, and confidence needed to live as informed, empowered, and civicallyengaged community members”. With help from the TU To participate or sponsor snacks School of Law Student Bar Association, several TCBA for sessions contact tamiw@tulsabar.com members, and various members of the community like police officers and Judges we have a schedule of “Everyday of your life is a another lesson. activities and lessons for the coming semester. We will be meeting for one hour weekly with no more than 15 students ranging in ages from middle school to high school. All meetings will occur from 4-5p at the Zone Academy, 1401 Charles Page Blvd, unless otherwise noted. Contact Tami Williams at tamiw@ tulsabar.com if you are interested in participating or sponsoring snacks for these weekly sessions.

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If you learn the lesson well and apply it; whether positive or negative, you determine what happens in your tomorrow.” ~ David Kofi Awusi

Jan. 20th – Meet & Greet


Feb. 10th – Street Law Lesson: Should it be a Crime?


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ASK-A-LAWYER 2022 (A NEW BEGINNING)

I am very pleased to announce that the Law Day ASK-A-LAWYER Program has a new permanent home—our very own Tulsa County Bar Center!! For over 30 years the OETA and the OBA had partnered together to provide a venue and a forum for this program. As technology and changing needs have evolved dramatically over the last 30 years, the OBA felt it was time for ‘a new beginning.’ It would be accurate to say that over the last 32 years, I have watched the ASK-A-LAWYER program in Tulsa undergo a series of changes that produced fewer calls as the years went on. The change from analog phone systems to digital systems produced some unexpected side effects. Where we once had 20 phones ringing constantly to the 6 phones last year that only saw sporadic calls, we knew it was time for a change.

protocol iPads combined with individual headsets for each volunteer. We will have special software installed on each IPAD that will share all calls with OKC through a single phone number that all callers will use. No longer will we have different phone numbers for Tulsa vs OKC callers. What do we need then here in Tulsa for this year? What is needed are 8 attorneys every 2 hours who can fill 2-hour slots from 9AM to 9PM. I already have 2 volunteer attorneys who have agreed to join me in a marathon 12-hour performance. The slots will fill up quickly this year I predict, so if you want to join us for this ‘New Beginning’, sign up with me now. You may email me at liondc@gmail.com or call 918-240-7331 (my direct line). There will be food/drink provided all 12 hours as is customary. If you have questions or concerns, please don’t hesitate to make contact with me. See you soon!

MEMBER EVENT

There will no longer be a 1-hour PBS show on Law Day; that will be replaced with a series of wellproduced short videos that will saturate social media platforms with the idea of those videos having year round access to the public. We will not ‘borrow’ phones Dan Crawford anymore; the OBA and the TCBF will own the VOIP



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The Honorable Thomas Robert Cornish Gerald Gordon "Pete" Stamper Gerald Gordon “Pete” Stamper passed away on December 21, 2021. He was 85 years old. Pete practiced law in Tulsa for over 50 years. His experience included work with Thornton and Stamper, serving as General Counsel for Manhattan Construction Company, partnership in Nichols, Wolfe, Stamper, Nally, Fallis & Robertson, and as Of Counsel to Barrow & Grimm. Pete was a skilled and effective lawyer in all phases of the construction industry. He represented general contractors, subcontractors, design professionals and owners. He also served as an arbitrator for construction disputes, including arbitrating disputes over the construction of the Superdome in New Orleans. Pete was also proud of his service in the Judge Advocate General Corps of the United States Navy. Pete is survived by his wife of 65 years, Pat, his daughters Kim King (Dan) and Michele Efron (Mark), and 5 grandchildren. The family requests that any donations in Pete’s memory be made to the Alzheimer’s Association or Clarehouse. Arrangements for a memorial service are pending.

Richard Ravits Richard Ravits, 69, died on Thursday, Jan. 27. At the time of publication, plans for funeral arrangements and/or a memorial service have not been finalized. Please check Schaudt’s Tulsa Funeral Service for more information at a later date.

Thomas Robert Cornish, retired United States Bankruptcy Judge for the Eastern District of Oklahoma, passed away on February 2, 2022. Judge Cornish served the Tenth Circuit from 1994 until his retirement on September 1, 2021. He was born August 22, 1944, in Ft. Worth, Texas. He obtained a B.S. in Business from Oklahoma State University, and was awarded his Juris Doctorate from the University of Oklahoma in 1968. Judge Cornish was an attorney for the Department of institutions, Social and Rehabilitative Services, was a municipal prosecutor for the City of McAlester and was vice-chairman of the Juvenile Delinquency Committee of the Crime Commission, and was on the Oklahoma Bar Association's Committee on Media in the Courtroom. He was appointed to the Oklahoma Court of Criminal Appeals at the age of 33, the youngest appointee in that Court's history. During his court tenure, he was a special justice on the Oklahoma Supreme Court and was a judge of the Appellate Division of the Court on the Judiciary. He served the Oklahoma Court of Criminal Appeals with distinction until 1984 and then returned to private practice in Oklahoma City. In1994, Judge Cornish was appointed to the United States Bankruptcy Court for the Eastern District of Oklahoma. He was also a founding member of the Tenth Circuit Court of Appeals Bankruptcy Appellate Panel. He served on the Board of Governors of the National Conference of Bankruptcy Judges, and its committee on international Relations, Elections, and Site Selection. He was a leader in a variety of important committees and organizations and in the legal community. He is survived by his wife, Gayle Freeman Cornish; daughter Tricia Cornish Meeks and husband Darren; son, Abe Cornish, and wife Connie; brother Fred Cornish and wife Lee; sister Cloyd Cornish; nephews, William and Richard Cornish and Richards wife Ginger; nieces, Christina, Claire and her husband Joel, and Elizabeth, as well as grandson Nolan Meeks and his Wife Collette, and their children Garret and Lilyette, and over one hundred members of his mother's Pool Family and Cornish cousins. Memorials in Tom's name may be made to St. Gregory’s Abbey, Shawnee, Oklahoma, Uganda Martyrs Catholic Church, Okmulgee, Oklahoma, Free to Live in Oklahoma City, or a charity of your choice.

“One lives in the hope of becoming a memory.” ~Antonio Porchia 32 Tulsa Lawyer


Grapevine News

Conner & Winters, LLP, announced its commitment to helping Afghans who recently arrived in Tulsa as part of the resettlement program being coordinated by Catholic Charities of Eastern Oklahoma. Conner & Winters will assist in the asylum application process and will devote at least 500 hours of pro bono legal work this year. “It’s truly an honor and privilege to serve these new members of the Tulsa community. As lawyers, we feel a duty to help where we think we can have a significant impact. The need for assistance is huge, and we encourage our friends and colleagues in the legal community to join in the effort in any way they can,” said Isaac Ellis, a partner with Conner & Winters. Conner & Winters is just one of several law firms in the Tulsa area committed to helping Afghan evacuees gain legal status through the asylum process. As of today's release, more than 670 evacuees have arrived in Tulsa. The families that have arrived were evacuated from Afghanistan after it was seized by the Taliban in August 2021. Some of the individuals arriving in Tulsa assisted our U.S. servicemen and women in Afghanistan and were permitted to come to the United States as part of a special immigrant visa program.“ As Oklahoma has welcomed the largest number of Afghan evacuees per capita in the nation, we have been so pleased to see how the broader Tulsa community has stepped up to welcome them and assist with their living and legal needs. We are thrilled that such an influential law firm like Conner & Winters has agreed to partner with us to help ensure that our new Afghan neighbors will be able to stay and build new lives here in Tulsa,” said Kojo Asamoa-Caesar, pro bono coordinator for Catholic Charities Immigration Legal Services. The U.S. State Department asked Catholic Charities, the primary evacuee resettlement agency for Oklahoma, to receive 800 Afghan citizens and help them relocate to the Tulsa Area. The organization will provide everyone with the basics needed to live in the community, while the legal community works in tandem to offer legal counsel. Catholic Charities will host an all-day virtual attorney training on Friday, January 28 from 8:30 to 4:30 p.m., with CLE (continuing legal education) credit

eligibility, pending application approval. If you or your law firm are interested in joining the united effort being contributed by so many in the legal profession, please email Asamoa-Caesar at kasamoa-caesar@cceok.org.

JOHNSON & JONES, P.C. is pleased to announce that Joshua D. Poovey was admitted as a shareholder of the Firm effective January 1, 2022. Mr. Poovey graduated from the University of Tulsa College of Law with Highest Honors in 2014 and joined the Firm in 2016. He maintains an active litigation practice in the areas of insurance defense, business litigation, and trust litigation. The Firm is also pleased to announce that Kenneth E. Dornblaser has returned to the Firm in an active Of Counsel role to serve select clients. Mr. Dornblaser is an original founding shareholder of the Firm and previously practiced with the Firm from 1994 to 2011. He has over 40 years of experience in the area of securities, acquisitions, mergers, and general corporate law. Most recently, he retired as Senior Vice-President and General Counsel of Laredo Petroleum, Inc., a publicly-traded oil and natural gas exploration and development company with headquarters in Tulsa.

G a b l e G o t w a l s welcomes Philip Feist as a shareholder in the Tulsa office where he is a member of the Firm’s Wills, Trusts, Estate Planning & Probate and Tax Law groups. He advises clients on estate planning, family business planning, and asset protection planning issues. Philip’s extensive experience includes: providing technical legal and drafting advice to the Oklahoma State Legislature on its revisions to the Oklahoma Family Wealth Preservation Trust Act, publishing articles regarding the developments relating to tax law, trust law, fiduciary law, probate, and asset protection, in addition to being a nationally


published author for Thomson Reuters Westlaw on a wide range of legal treatises, and presenting at multiple continuing legal education seminars sponsored by the Oklahoma Bar Association and by the Tulsa County Bar Association in the areas of estate planning, tax-sensitive estate planning, family business succession planning, family entity planning, and asset protection planning. GableGotwals’ attorneys have extensive experience and expertise in estate planning, and they work closely with clients to identify goals, plan for contingencies, and create a comprehensive estate plan to assure that financial and personal goals are achieved. “Philip brings a wealth of knowledge and experience to the Firm’s Wills, Trusts, Estate Planning & Probate and Taw Law Groups, and we are excited to have him,” said John D. Dale, Shareholder and CEO of GableGotwals. Philip is recognized as a leading lawyer by Super Lawyers for Estate Planning & Probate and Best Lawyers for Trusts and Estates in Oklahoma. He received his J.D. from the University of San Diego School of Law, his Th.M in Theology from the Dallas Theological Seminary, and his B.A. from the University of California at Davis. The board of directors of McAfee & Taft has appointed shareholders Matthew K. Brown, Robert L. Garbrecht, Judy Burdg, Michael J. LaBrie, and H. Cole Marshall to serve as new practice leaders for the 2022 term. Matt Brown has been named leader of the firm’s Banking and Financial Institutions Group. Brown is a corporate, securities and banking attorney whose practice encompasses a broad range of business matters, including corporate governance, securities offerings and regulation, mergers and acquisitions, lending transactions, regulatory compliance, franchising, and contract drafting and negotiation As the new leader of the firm’s Employee Benefits & Executive Compensation Group, Judy Burdg oversees one of the largest teams of ERISA attorneys in the region. Her practice encompasses a broad range of employee benefits matters involving retirement plans, health and welfare plans, and executive compensation.

Commercial transactions lawyer, Rob Garbrecht has been appointed leader of the firm’s Business Transactions and Finance Group. His practice is focused in the areas of real estate, business acquisitions, finance, and state and local taxation law. Garbrecht has previously served as leader of the firm’s Real Estate Group. Mike LaBrie has been named leader of the firm’s Intellectual Property Group. His practice is concentrated in all aspects of intellectual property law, including patent, trademark and copyright law and related litigation, throughout his entire legal career. Cole Marshall has been appointed to lead the firm’s Real Estate Group. He is a business lawyer whose practice encompasses a broad range of business transactional matters, including all aspects of real estate, general business, corporate governance, healthcare and agriculture.

“May your troubles be less, and your blessings be more, and nothing but happiness come through your door.”

34 Tulsa Lawyer

~ Irish Blessing


March Birthday Celebrations? HAPPY BIRTHDAY! We are striving to take care of our members as well as taking care of the community. If there’s anything we can do to help you, please let us know. We are here to support your business and we want you to be successful. By being a member of the TCBA, you are also a member of the Tulsa County Bar Foundation. As a general rule, the funds that come into the Foundation are the result of a fundraising event for our community and the monies raised are immediately distributed back out into the community through non-profit organizations. In an effort to assist the Foundation, we have implemented a monthly “Fund the Foundation” program. To participate we are asking each member who has a birthday this month to consider making a donation to the Foundation. You can do so with the QR Code to the below. If you are not currently a Fellow, please consider joining that program. As a thank you (and let’s be honest, an encouragement to other members), if you donate before the 10th of the month we will include a shout out to you in the next issue of Tulsa Lawyer Magazine. If you wish to donate or joint the Fellows program, please contact Tami Williams or Julie Rivers and they can assist you. We value your membership & Happy Birthday! Sincerely, Kara Vincent, TCBA President

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2021-2022 TCBA CONTACTS, COMMITTEE & SECTION CHAIRS

www.tulsabar.com

PHONE: 918-584-5243 FAX: 918-592-0208 1446 South Boston, Tulsa, OK 74119-3612 Executive Director Tami Williams tamiw@tulsabar.com Ext. 1002

Front Desk Coordinator

General Inquiries

frontdesk@tulsabar.com Ext. 1000

Membership Director Accounting CLE, Sections & Committees accounting@tulsabar.com Julie Rivers julier@tulsabar.com Ext. 1001 Lawyer Referral & Community Resource Navigator Jeril Haug jerilh@tulsabar.com Ext. 1003

Tulsa Lawyer Editor - Michael Taubman michael@tulsafirm.com Associate Editor - Milly Dunlap Tulsa Lawyer Submissions - tulsabarnews@yahoo.com

TCBA OFFICERS

President................................................................ Kara Vincent Past President.........................................................Kimberly Moore President-Elect.........................................................Philip D. Hixon Vice President.......................................................... Mike Esmond Secretary..............................................................Stephanie Jackson Treasurer................................................................. Lesa Creveling Budget/Internal Operations..................................Michael Taubman Foundation President ............................................Hon. Ann Keele Director at Large (1) Large Firm.................................Austin Birnie Director at Large (2) Large Firm.......................... Philip Hixon Director at Large (1) Medium Firm........................Jennifer Struble Director at Large (2) Medium Firm.................. Kara Pratt Director at Large (1) Small Firm...........................Linda Morrissey Director at Large (2) Small Firm...........................Tamera Childers Director at Large (2) Public Sector.........................Hon. Ann Keele ABA Delegate............................................................. Molly Aspan OBA Delegate................................................................Rick White Library Trustee (1)......................................................Kim Vojvoda Library Trustee (2)........................................................ Julie Evans Presiding Judge .......................................... Hon. Doug Drummond U.S. District Court .................................. Hon. John Dowdell C.J., Tulsa Municipal Court............................. Hon. Gerald Hofmeister TU Law School Student Representative...............Trevion Freeman

FOUNDATION APPOINTMENTS

Law Day ......................................................................Lizzie Riter Community Outreach................................................ Ashley Webb Golf Chair.......................................................... ...Kimberly Moore Scholarship Chair........................................................Randy Lewin

Submission, Grapevine & Advertising- Visit www.tulsabar.com Subscriptions to Tulsa Lawyer are available for $40.00 a year to those who are not Tulsa County Bar Association members or others who do not currently receive the publication. Contact tamiw@tulsabar.com

FOUNDATION

President.............................................................. ...Hon. Ann Keele Foundation Vice President............................................Justin Munn Treasurer..................................................................... Philip Hixon Trustee....................................................................... Lizzie Riter Trustee........................................................................Chad McLain Trustee......................................................................... Jim Gotwals Trustee................................................................Catherine Hoopert Trustee...........................................................................Rick White Trustee..................................................................Michael Taubman TCBA President..........................................................Kara Vincent TCBA Pres. Elect....................................................Philip D. Hixon

COMMITTEE CHAIRPERSONS

Access to Justice..........................................Pansy Moore-Shrier Animal Law..................................................... ..........Katy Inhofe Bench & Bar.................................................... Kevinn Matthews Children & the Law......................................... ........Lizzie Riter Children & the Law Vice Chair..........Timothy Michaels-Johnson CLE ................................................................. ...Michon Hughes Diversity Development...........................................Deborah Reed Fee Arbitration................................................. ..........Gary Crews Law Related Education..........................................................TBD Lawyer Referral............................................... .......Karen Wilkins Membership Services....................................................Kara Pratt Mentoring......................................................... ......................TBD Military/Veterans ............................................. ...Mitchell Garrett Military/Veterabs Co-Chair.............................. Hon. David Guten Nominations & Awards.................................... ..Kimberly Moore Pro Bono............................................................... Mac Finlayson Professionalism................................................ ...........Rick White Public Relations....................................................Steve Layman Social Media.........................................................Collaborative Special Events.................................................. .......Natalie Sears Tulsa Lawyer.................................................... Michael Taubman Young Lawyers Division..............................Colton Richardson Young Lawyers Division............................... ........Billy Duncan

SECTION CHAIRPERSONS

ADR/Mediation..........................................................Melissa Fell Bankruptcy....................................................... ........Paul Thomas Business/Corporate.......................................... .............................. Criminal Law................................................... ........Daniel Levy Employment Law..............................................Kassidy Quinten Energy & Mineral Law.................................... .......Ryan Pittman Family Law...................................................... ..Jordan Dalgleish Health Law ...................................................... ..... Kristen Evans Health Law Vice Chair..................................... Whitney Dockrey Juvenile Law.................................................... ..........Lizzie Riter Juvenile Law Co-Chair.......................Timothy Michaels-Johnson Litigation...............................................................Mark A. Smith Municipal Law.......................................................................TBD Paralegals/Legal Assistant.......................................Karlyn Apon Paralegal /Legal Assistants Vice Chair............ Kathyrin Keener Probate/Estate/Elder......................................... ....................TBD Tax ......................................................... .....Ashlee Crouch Technology ...................................................Pansy Moore-Shrier Workers Comp................................................. ............................ * Section Chairs will be updated as positions are filled. Tulsa Lawyer is a monthly publication of the TCBA. The TCBA does not necessarily share or endorse the opinions expressed in the materials published. The views are those of thoughtful contributors. Similarly, advertising does not imply endorsement by the TCBA of products or services or any statements concerning them.



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

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