Tulsa MagazineLawyer
Marvin Lizama,
A Message from the President Stephanie Jackson
LET’S TALK TECHNOLOGY!
As the seasons change, our Tulsa County Bar Association (TCBA) is embracing new opportunities and advancements that will shape the future of our legal community. In this article, I’m excited to share key initiatives and advancements focused on technology, Continuing Legal Education (CLE), and volunteerism that will help our members stay ahead in their practice and make a positive impact in our community.
Embracing Technology in the Legal Profession
Technology continues to revolutionize the legal profession, and the TCBA is committed to helping members leverage these advancements to improve their practice. For those who may not be aware, I am excited to share that Tulsa County has been selected as one of the first counties to participate in the soft launch of e-Filing in District Court. This initiative will initially focus on existing civil, non-confidential cases. For those wanting to register an account, the system is available
using this link, https://efile.oscn.net. Although more expansion can be anticipated in the future, presently only currently licensed Oklahoma attorneys who have filed a case in an Oklahoma Court Information System (OCIS) county, and State agency employees can register for an account. Once your information has been validated against the OCIS database, you should receive approval to begin e-Filing in Tulsa County. For those that are new to e-Filing, be sure to read the Rules, Guidelines for Filers, and the Terms and Conditions for using the Unified Case Management System (OUCMS) e-Filing portal. As a solo practice attorney, I truly believe the ability to utilize e-Filing will bring a modernized, efficient approach to case management. By integrating e-Filing into our existing court processes, this will hopefully help our law firms streamline operations, reduce paperwork, and enhance accessibility for all parties involved. This marks a significant step forward in the commitment to improving the judicial experience and leveraging technology to better serve our community.
Last month, I discussed the new self-help sheet created to help members better navigate our TCBA member portal. In an effort to continue encouraging use of our TCBA website and all it has to offer; this month I’m inviting members to login and check out our amazing On Demand Course Catalogue course offerings, which can be found on the “MyTCBA” page under the Member Benefits & Discount Codes section, by clicking on the “VocalMeet-OnDemand CLE” link. The On Demand Course Catalogue is an invaluable tool, that not only allows members unable to attend the in-person workshop the opportunity to watch it at their convenience, it also allows them to still earn the CLE credit for the course. Not only that, I believe, one of the best aspects is that many of the courses are led by our very own Tulsa County bench and bar members.
As we focus on embracing technology, let me highlight one On Demand course in particular that deals with the use of Artificial Intelligence (AI) in our legal practice. This course is led by our very own TCBA Business/Corporate Law section chair, Spencer Pittman, and is entitled [the] “Risks of Using General Artificial Intelligence as a Legal Tool.” In his course, Spencer educates the bench and bar about the risks and opportunities associated with the rapid expansion of
generative AI and its increased use in the legal profession. As the advancement of technology, use of AI, and the expansion of AI generative continues to increase, these type of courses not only help to enhance members professional development in using those tools, but also to ensure their preparedness with the risks and/or ethical implications of their use.
Continuing Legal Education (CLE) Opportunities
Professional development is at the heart of our mission, and in addition to our On Demand Course Catalogue we are proud to offer a robust selection of in-person CLE opportunities this fall and winter. From ethics, to Bench & Bar Brown Bag Series, to emerging areas of law, our CLE programs are designed to meet the diverse needs of our members. This season, as promised, I have placed an intentional focus on bringing in more judge-led CLEs from our Federal and District Court Judges. Our Litigation Section stepped up to the challenge and kicked off August and September with a riveting series entitled, A View From Within
I would like to extend my deepest gratitude to Chief Judge John Heil, III, of the Northern, Eastern, and Western Districts of Oklahoma Federal Court, and to District Court Judges Tracy Priddy and Rebecca Nightingale for their invaluable contributions to our recent CLE training series, A View From Within. On August 27, 2024, Tulsa County District Court Judges Tracy Priddy and Rebecca Nightingale conducted a lunchtime CLE at the Bar Center entitled “A View From Within: Navigating Practice in the Tulsa County District Court.” On September 27, 2024, Chief Judge Heil, continued the momentum with his series entitled “A View From Within: Navigating Federal Courts in Tulsa and Muskogee.” To ensure as many members as possible had the opportunity to attend Chief Judge Heil’s lunchtime CLE, the TCBA Litigation Section partnered with the University of Tulsa College of Law, who without hesitation hosted the event at the law school. All three of our Judges’ expertise, dedication, and willingness to share their knowledge have greatly enriched our members' understanding of key legal
issues and courtroom practices. The insights and guidance provided during these sessions have not only enhanced the professional development of our members but have also strengthened the bond between the judiciary and our TCBA legal community. On behalf of the entire Tulsa County Bar Association, we thank you for your continued support and commitment to our ongoing education.
I have always appreciated the willingness of our bench and bar members to volunteer their time to ensure our members stay informed and fulfill their CLE requirements. If you want to volunteer to teach a particular subject related to your area of practice, please don’t hesitate to reach out to a me, the Section Chair, or Tami Williams.
Balancing Volunteering and Personal Wellness
As much as I love talking technology, I also recognize the need to step away from long hours in front of the computer screens, tablet screens, and Smartphone screens, and the like. Remember, we must continue to balance our demanding careers with the meaningful work we do through the TCBA. It’s important to remember the significance of mental health and personal wellness. The dedication we show to our profession and our community is commendable, but it’s essential to also prioritize our well-being. Taking time to recharge, whether through mindfulness practices, exercise, or simply spending time with loved ones, is crucial for maintaining the energy and resilience needed to serve effectively. Remember, nurturing yourself is not only beneficial for you but also enhances your ability to contribute meaningfully to both your work and volunteer efforts. I look forward to seeing you at our upcoming events and continuing to work together to make a positive impact in our profession and our community. As always, please feel free to reach out to me or Tami Williams with any questions, suggestions, or concerns.
Sincerely,
Stephanie Jackson TCBA President,
2024-2025
Lynn Miller Book Club - Last Sessions of the Year!
October 8
The Nickel Boys, Colson Whitehead
November 26 H is for Hawk, Helen McDonald
• Registration is open for TCBA members for the Lynne Miller Law Day Book Club by emailing mruppcarter@yahoo.com.
• Registration is limited to the first fifteen registrants.
• All Book Club sessions are at the Bar Center and start at 5:30PM.
2024 TCBA & TCBF Annual Meeting
Solo/Small Firm Section is Waiting for You!
As a solo attorney or member of a small firm, you’re a Jack or Jill of all trades, wearer of many hats: first chair trial attorney, research and writing associate, advertising executive, HR department, IT specialist, and sometimes janitor. Nobody quite understands all you do to serve your clients, employees, community, and family, to keep the lights on, and to stay sane like your fellow solo/ small firm attorneys.
TCBA Solo/Small Firm Sections is here to help. We’re building a community of attorneys from a variety of practice areas, backgrounds, and interests to share ideas, resources, and understanding of the solo/small firm practitioner life. Below are a few of the solo/small firm offerings this coming membership year.
Mentorship
Solo/Small Firm Section has partnered with the Mentorship Committee to connect experienced solo/ small firm attorneys with members just starting their solo practice. If you’re just starting out on your solo/small firm journey as a young lawyer or are an experienced practitioner setting out on your own, connecting with an experienced solo/small firm mentor can be a great way to get feedback, ideas, and encouragement. If you’re an experienced solo/small firm attorney, your wealth of knowledge and practice management experience is a valuable commodity to share with those eager to hear your thoughts and philosophies of running a solo/small firm. The Mentorship Application can be found on My TCBA in the Solo/Small Firm Section Files.
Social Activities
The day-to-day of a solo/small firm attorney can get a bit lonely, especially for our colleagues working from a home office. Solo/Small Firm Section is rolling out a new regular social event this year: Coffee and Coworking on the second Friday of each month. Get out of the (home) office for a morning to enjoy comradery and conversation, along with a change of scenery. Our next coworking will be October 11 at Foolish Things Coffee in downtown Tulsa. Come and go from 8:0011:00 am. We’ll also be hosting happy hours throughout the year.
Discussions & CLEs
Solo/Small Firm Section’s monthly meetings focus on topics unique to the management of a solo/small firm practice, like budgeting for firm growth, practice management technology, best practices for billing and collection, and advertising. Each month, you’re invited to join in person or via zoom for discussion or CLE on a subject not covered by your practice-area specific sections. Our next meeting is October 22 where we’ll be discussing using Google ads and other marketing tools.
Forms & Resources
Through the My TCBA portal, as a member of the Solo/Small Firm Section, you can access forms, CLE materials, and other resources for your practice. Recently added was the inventory of books available at the Tulsa County Law Library.
Have an idea for a discussion topic or CLE? Want to organize a social event?
Reach out to Section Chair Mary Clement at mary@clementlegalok.com.
Representation Matters: Hispanic Heritage Month
By Marvin Lizama, Diversity Committee Chair
It is October and Fall is here! From now henceforth, we are on an inevitable path of celebrations. The crisp chill in the night air and the colorful turning of the leaves briskly reminds us that Halloween, Thanksgiving, and the Christmas holiday season are near.
October is also Hispanic Heritage Month and Indigenous People’s Day in Oklahoma. In 1968 President Lyndon Johnson issued a Proclamation creating a one-week period of celebration of Hispanic and Latinos and their contributions to the nation. Yearly proclamations were issued thereafter by President Johnson’s successors. In 1988, the Congress passed, and President Ronald Reagan signed, Public Law 100-402–officially making the 31-day period from September 15 to October 15, Hispanic Heritage Month. The month-long celebration of Hispanic and Latino history and culture coincides with the Independence Day celebrations of numerous Latin American countries who declaimed their independence from Spain on September 15, 1821. For Latinos in the United States, the celebration allows an opportunity to showcase the impact that Latinos have upon everyday life, in every state in the country.
According to the 2020 U.S. Census, the U.S. Latino population is over 65.21 million people; they make up 19.5% of the total U.S. population, and they make up the largest racial or ethnic group. In terms of representation, Latinos and Latinas find themselves at the forefront, breaking barriers and shattering glass ceilings. The first Latino attorney in the United States was Dennis Chavez. Born and raised in New Mexico, educated in Georgetown Law, he became a lawyer in 1920. He was elected to the U.S. House of Representatives in 1930, and he became the first Latino U.S. Senator in 1935. Manuel Ruiz, a California native, became the first Latino to graduate from USC Law in 1930, and he became the first Latino lawyer to argue a case before the U.S. Supreme Court in 1951 when he argued on behalf of the Appellants, a group of taxicab drivers, in the case Buck v. California, 343 U.S. 99 (1952). Judge Reynaldo Guerra Garza became the first Latino federal judge when he was appointed to the United States District Court for the Southern District of Texas by President John F. Kennedy in 1962. In 2001, Alberto R. Gonzalez became the first Latino lawyer to be appointed as White House Counsel under President George W. Bush, and, in 2005, he became the first Latino to be appointed U.S. Attorney General. In 2009, U.S. Supreme Court Justice Sonya Sotomayor became the first Latina and only the third woman to serve on the U.S. Supreme Court.
Latinos continue to thrive in all areas and in all the states across the nation. According to the U.S. Census Bureau, as of July 2023, there are 13 states with a population of 1 million or more Latinos. Nationwide, Latinos account for almost 20% of the total population. In Oklahoma, over 12% of the state’s total population is Latino, and the state ranks 25th in the list of states with the most Latino population. Presently, there are 57 Latino members of Congress, making up just over 9% of the U.S. Congress,2 including 7 Latino U.S. Senators.3
1 Source: https://www.census.gov/newsroom/facts-for-features/2024/hispanic-heritage-month.html
2 Source: https://crsreports.congress.gov/product/pdf/R/ R46705
3 Source: https://www.pewresearch.org/shortreads/2023/01/09/u-s-congress-continues-to-grow-inracial-ethnic-diversity/
But whereas Latinos make up 30% of the total number of baseball players in Major League Baseball, Latinos are overwhelmingly underrepresented in the legal profession. In 2020, the American Bar Association conducted a survey of its members and discovered that just over 5% of all U.S. lawyers are Latinos,4 and its numbers moved very little over the previous decade. In 2022, the Oklahoma Bar Association conducted its membership survey, and it was discovered that just over 1% of all Oklahoma attorneys are Latinos.5 The good news is that there is room for improvement. Oklahoma City and Tulsa are two of the Oklahoma counties with some of the highest Latino populations. These two cities happen also to house the three law schools in the State of Oklahoma. It seems that more awareness and education is needed for
4 Source: https://www.americanbar.org/groups/young_ lawyers/about/initiatives/men-of-color/lawyer-demographics/
5 Source: https://ams.okbar.org/eweb/content/pdf/OBAMemberSurveyResults.pdf
Latino students to lean about scholarship money for law school. We also need more career opportunities for Latino attorneys. Considering that Latinos make up almost 10% of all criminal defendants charged in State Court in Oklahoma, and 11% of the total Oklahoma prison population, it is imperative that law schools admit more qualified Latinos into Oklahoma law schools; and it is necessary for solo practitioners, law firms, judges, and government agencies to be more inclusive by hiring Latino lawyers whenever they create employment opportunities in the legal field.
Representation matters. No matter the field, no matter the issue, no matter the cause, the diversification of the legal profession should be considered “best practice” if we are truly champions of diversity, equity, and inclusion in the legal profession.
Job postings will stay posted for 30 days unless asked to remove early. TCBA reserves the right to refuse any job posting for any reason.
VP's Corner Billy Duncan
As the Vice President of the Tulsa County Bar Association, I am thrilled to share some of the exciting events we have planned for the 2024-2025 fiscal year. Our goal is to foster a sense of community and collaboration among our members, and we have curated a diverse lineup of events to cater to everyone's interests. From informative CLE sessions to engaging social gatherings, there is something for everyone. We encourage all members to take advantage of these opportunities to connect, learn, and grow together.
We believe that active participation is key to the success of our association, and we are committed to providing valuable experiences for all our members. Whether you are a seasoned attorney or new to the profession, we invite you to join us at these events and make the most of what TCBA offers. Your involvement enriches your professional life and strengthens our legal community as a whole. We assure you your time at these events will be well worth it. We look forward to seeing you there!
Upcoming Events:
October
• Holiday Challenge Kick-Off – Register to adopt a family for the holidays
• 10/10 - YLD Happy hour at Fassler Hall
• 10/16 - Octoberfest Corporate night – Member tickets available
• 10/19 - Meals on Wheels PAWS pet food delivery –Volunteer opportunity
• 10/22 - Eat Out for A Cause at KEOs on Peoria, benefitting Susan G. Komen Foundation
November
• 11/8 - WINe IT ALL – Wine tasting competition and party hosted by the YLD
• 11/11 - Veteran’s Day Parade – Walk with the Military/ Veterans Committee
• 11/12 - Eat Out for A Cause at Dalesandro’s, benefitting Fostering Connections
December
• 12/14 - Holiday Challenge Cocoa and Cookies Party
• 12/16 - Santa Brings a Law or “Leisure” Suit Clothing Drive Due Date
January
• 1/20 - Rev. Dr. Martin Luther King Junior Day Parade – Walk with the Diversity Committee
April
• 4/7 - Annual TCBF Charity Golf Tournament
• TBA - Law Day Luncheon
May
• 5/1 - Ask-A-Lawyer Phone Bank at the Bar Center
June
• 6/12 - YLD Trivia Night
August
• 8/21 - Annual Meeting and Awards Luncheon
Please stay tuned for many more opportunities for learning, leisure, and philanthropy that will be added in the coming months. If you have any questions or want to learn how to become more involved, please get in touch with Tami Williams at Tamiw@tulsabar.com. We hope to see you at these events and many more throughout the year!
Billy Duncan, TCBA Vice President 2024-2025
"Diversity: the art of thinking independently together."
Community Outreach Committee News
The TCBF Community Outreach partnered with Amelia’s Wood Fire Cuisine and raised $2,000 for Spay Oklahoma at a recent Eat Out for a Cause night. The mission of Spay Oklahoma is to eliminate pet overpopulation by providing low-cost spay-and-neuter services to pet owners who cannot afford this critical step in caring for their dogs and cats. To learn more about the organization or to make a direct donation, visit their website at www.spayok.com
“The meaning of life is to find your gift. The purpose of life is to give it away.” ~Pablo Picasso
Celebrating New Beginnings in Justice: Swearing-In Ceremony
for New Specials Judges
The TCBA is excited to announce the swearing-in of two new judges, Judge Kevin Keller and Judge Greg Lavender, who will serve in the Tulsa District Court. Several members of the TCBA community attended the ceremony and expressed their unwavering support for the judiciary. Their presence underscores the vital partnership between the legal community and the courts, working together to ensure that justice is served with integrity and respect. Join us in welcoming Judge Keller and Judge Lavender to their new roles. We look forward to their contributions to making our justice system more accessible and equitable.
Judge David Guten, Judge Greg Lavender, and TCBA President Stephanie Jackson
Presiding Judge Dawn Moody swears in Kevin Keller
Stephanie Jackson and Judge Kevin Keller Judge David Guten swears in Greg Lavender
Members Encouraged to Participate in National Disability Employment Awareness Month
October is National Disability Employment Awareness Month (NDEAM), and the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) encourages businesses and organizations across the country to participate. Held annually, NDEAM educates about disability employment topics and celebrates the many and varied contributions of America's workers with disabilities. Although national in scope, NDEAM’s true spirit lies in the many observances held at the grassroots level. Employers of all sizes and in all industries can take part. For specific ideas about how your firm or organization can support National Disability Employment Awareness Month, visit dol.gov/NDEAM. Suggestions range from simple, such as putting up a poster, to comprehensive, such as implementing a disability education program. Regardless, all play an important part in fostering a more accessible and equitable workforce, one where all people are recognized for their abilities—every day of every month.
Tool Helps Employers Understand Disability Nondiscrimination Laws
The U.S. Department of Labor (DOL) provides an online tool to help America's employers ensure their employment policies and practices do not discriminate against qualified individuals with disabilities.
The online Disability Nondiscrimination Advisor helps employers quickly determine which Federal disability nondiscrimination laws apply to their business or organization and their responsibilities under them. It asks users to answer a few relevant questions, such as nature of organization, size of staff and whether the business or organization receives Federal financial assistance. Based on responses provided, the Advisor then generates a customized list of Federal disability nondiscrimination laws that likely apply, along with easy-to-understand information about employers' responsibilities under each of them.
This Advisor can also help employees, job applicants, and people applying for or participating in Federally funded programs learn more about their rights under disability nondiscrimination laws. In addition, it includes a Guide on Employing People with Disabilities that outlines resources available to help employers comply with disability nondiscrimination laws.
The Disability Nondiscrimination Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by DOL to help employers and employees understand Federal employment laws. To access it, visit the elaws website at www.dol.gov/elaws. To learn more about DOL's efforts to increase employment opportunities for people with disabilities, visit the ODEP website at www.dol.gov/odep.
TCBA will be Closed for Thanksgiving Closing at 2p on Nov 27 through the 29th.
Save the Date Past President’s Luncheon
President’s Day, February 17
CELEBRATE & FUND THE FOUNDATIO
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 shown here.
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.
Sooner State Overhauls Trust Laws
Aaron Jack, “AJ” CEO, Argent Trust Oklahoma
The Oklahoma legislature has enacted significant changes to state trust laws under the Oklahoma Trust Reform Act of 2024. The Act, which was passed on May 31, 2024, will take effect on November 1, 2024.
The Oklahoma Trust Reform Act of 2024, further detailed in Oklahoma HB3962, introduces the Oklahoma Uniform Directed Trust Act of 2024, the Oklahoma Qualified Disposition in Trust Act, and addresses other substantive additions and modifications to trust law.
While an exhaustive review of the Act is beyond the scope of this article, this overview will highlight some of the upcoming changes.
Oklahoma Uniform Directed Trust Act of 2024
The Oklahoma Uniform Directed Trust Act of 2024 (“OUDTA”) addresses the growing use of directed trusts, where specific powers over a trust are granted to multiple powerholders. Before the OUDTA, there was no clear mechanism within the Oklahoma Trust Act to allow a trustor to divide roles and duties among trustees and other fiduciaries.
Under the OUDTA, a non-trustee (referred to as a “trust director”) may be granted power over one or more aspects of a trust’s administration. Generally, a trust director has the same fiduciary duties as a trustee in a similar position and under similar circumstances. For example, if a trust instrument grants a trust director control over investment decisions, the trust director is required to act in the best interest of the beneficiaries.
Powers that may be granted to a trust director include authority over the investment, management, or distribution
of trust property, or control over other aspects of trust administration. While not exhaustive, trustors may grant certain powers to trust directors, including the power to:
1. Direct investments, including the power to:
• Acquire, dispose of, exchange, or retain an investment,
• Make or take loans,
• Vote proxies for securities held in trust,
• Adopt a particular valuation of trust property or determine the frequency or methodology of valuation,
• Adjust between principal and income or convert to a unitrust,
• Manage a business held in the trust, or
• Select a custodian for trust assets;
2. Modify, reform, terminate, or decant a trust;
3. Direct a trustee’s or another director’s delegation of their powers;
4. Change the principal place of administration, situs, or governing law of the trust;
5. Ascertain the occurrence of an event that affects the administration of the trust;
6. Determine the capacity of a trustee, settlor, director, or beneficiary of the trust;
7. Determine the compensation to be paid to a trustee or trust director;
8. Prosecute, defend, or join an action, claim, or judicial proceeding relating to the trust;
9. Grant permission before a trustee or another director may exercise a power; or
10. Release a trustee or another trust director from liability for an action proposed or previously taken.
A trust instrument may adjust a trust director’s duties and responsibilities to the same extent that a trustee’s duties can be varied by the terms of a trust.
Under the OUDTA, a trustee is required to follow a trust director’s directive unless doing so would involve willful misconduct. Furthermore, the OUDTA states that a trustee does not have a duty to monitor a trust director or inform
or advise others (trustors, beneficiaries, or trust directors) if they would have acted differently. Similarly, a trust director has no duty to monitor or inform a trustee.
This straightforward approach to dividing fiduciary duties has been successful in many other jurisdictions across the United States. When considering bifurcating trust powers and duties, trustors and practitioners should: (a) consider the trustor’s objectives; (b) draft a clear instrument addressing the powers, duties, and liabilities of all powerholders; and (c) ensure that the trust and powerholders prioritize the beneficiaries' best interests.
Oklahoma Qualified Dispositions into Trust Act
For years, Oklahomans seeking asset protection through trusts had to look to foreign jurisdictions. With the enactment of the Oklahoma Dispositions into Trust Act (the “Act”), Oklahoma now joins twenty other states that allow the creation of domestic asset protection trusts (“DAPT”).
Under the new Act, individuals can establish a DAPT for their own benefit, protecting against most future creditors' claims.
An Oklahoma DAPT must meet strict requirements, including: (1) Oklahoma law must govern the DAPT; (2) the DAPT must be irrevocable; (3) the DAPT must include a spendthrift clause (preventing beneficiaries from transferring their interest in the trust); and (4) the trustee of the DAPT must be a qualifying Oklahoma individual or corporate trustee.
The transferor, who transfers assets into the DAPT, may receive income and principal distributions at the trustee's discretion and may have the right to receive a certain percentage of the DAPT property’s value annually. Additionally, the transferor may retain certain powers, such as the power to veto distributions, exercise a limited power of appointment, serve as a non-controlling member of a distribution committee, and reacquire trust assets by substituting property of equal value.
Assets held in a DAPT are generally protected against future creditor claims, except for fraudulent transfer claims, for qualified dispositions up to Ten Million Dollars ($10,000,000.00).
Creditors can file claims against the property subject to the qualified disposition at any time, but they must do so within five years of obtaining a final, unappealable judgment against the transferor. Claims by existing creditors are not extinguished by a qualified disposition into a DAPT, although it is unclear how long existing creditors have to file a claim against a transferor. Any action brought by a creditor against the transferor, trustee, or advisors must be proven by clear and convincing evidence.
The Act does not apply to transferors indebted for support or alimony payments at the time of the qualified disposition.
Additionally, a DAPT cannot be used to circumvent state or federal laws.
In summary, a DAPT offers a powerful planning tool for individuals, advisors, and estate planning professionals. While it comes with specific requirements, the DAPT structure can be incredibly beneficial.
Non-Judicial Settlement Agreements
In addition to expanding a trustee’s ability to bifurcate duties and benefit from codified creditor protection, HB 3962 also introduces the option to resolve certain trust-related matters without court approval. When judicial trust modification is not an option or is undesirable, a non-judicial settlement agreement may be used to modify one or more terms of the trust, transfer the principal place of administration, expand or restrict the trustee’s powers, or approve certain fiduciary decisions. The following matters can be addressed through a non-judicial settlement agreement, as outlined in HB 3962:
1. The interpretation or construction of the terms of the trust;
2. The approval of a trustee’s report or accounting;
3. Directions for a trustee to refrain from a particular act or the grant of a necessary or desirable power;
4. The resignation or appointment of a trustee and determination of their compensation;
5. Transfer of the trust’s principal place of administration;
6. Liability of a trustee for actions related to the trust;
7. The extent or waiver of a trustee's bond;
8. The governing law of the trust;
9. Criteria for distributions to a beneficiary where the trustee has discretion;
10. The resignation, appointment, and establishment of powers and duties for trust protectors or advisors; and
11. The approval of an investment decision, delegation, policy, plan, or program.
For a non-judicial settlement agreement to be effective, it must be signed by all “qualified beneficiaries” and the trustee. Generally, a qualified beneficiary is one who would need to consent to the change proposed by the settlement agreement if it had been submitted to the court. The identity of the qualified beneficiary or beneficiaries may vary depending on the proposed changes.
Oklahoma’s Task Force on Trust Administration and Review
In addition to passing the Act, the Oklahoma legislature
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established a seven-member Task Force on Trust Administration and Review, as further detailed in Oklahoma HB3973. This task force will review and recommend changes to Oklahoma’s trust administration statutes to provide an efficient framework for current and future trust administration. The task force, unique in the country, will include representatives from the Bankers Association, State Chamber, and Oklahoma’s trust industry. The formation of this task force underscores the importance of the trust industry to Oklahoma and our commitment to ensuring that our state remains a leading trust jurisdiction.
Miscellaneous Law Changes
Other trust laws addressed by this bill include the payment of fees from trust assets for certain professionals (attorneys, accountants, agents, and brokers), abolishing the fiduciary exception to attorney-client privilege, establishing that trusts may have a perpetual duration, and limiting the time in which a beneficiary may bring an action against a trustee.
In summary, these sweeping changes to Oklahoma’s trust laws position the Sooner State as one of the most attractive states in the nation for trusts and trust services. Oklahoma has now become a leading contender in the national race for trust business.
TCBA HAPPENINGS
YLD Trivia Night - August 15th
MC'd by Isaiah Brydie.
Charcuteray Night - July 30th
1st Place - The Broken Clocks
2nd Place - Up She Goes
3rd Place - Graves McBrains!
Championship WinnersTeam Charney Brown
Team Conner Winters
Atkinson Brittingham Team Child Support
YLD Softball League 2024
Virtual
Shiraya with Charcuteray
Judge & Chad Moody's Board
Greg Lavender's Board
Kathy Keener's Board
Gr apevine News
Molly A. Sullivan has returned to the Tulsa law firm of Savage O’Donnell Affeldt & Weintraub as Of Counsel. She previously was an associate attorney focused on domestic relations & family law. From 2019 to 2023, Molly expanded her practice areas to direct political campaign work, logistics, business operations and election law. She primarily practices in civil litigation, specializing in family disputes including divorce, domestic violence, child custody, business disputes, evictions, and appellate work. Ms. Sullivan received her J.D. from the University of Denver Sturm College of Law in 2016.
Adam Scott Weintraub has been appointed to Oklahoma's Ethics Commission by Speaker of the House Charles McCall. His term with the Commission expires in July 2029.
Adam has over 30 years of extensive litigation experience in Federal, State, and Tribal courts representing
local, regional, national, and tribal clients. He has perfected or defended appeals brought before the Oklahoma Supreme Court, the 10th Circuit Court of Appeals, and the Supreme Court of the Muscogee Creek Nation.
Adam has been named to America’s Top 100 Civil Defense Litigators and holds a Judicial AV rating from Martindale-Hubbell. He has mediated hundreds of cases, both as a litigator and as a mediator. He holds a Certificate in mediation from the Straus Institute for Dispute Resolution and serves as an Adjunct Settlement Judge for the Northern District of Oklahoma.
Adam is a partner at Savage O’Donnell Affeldt & Weintraub in Tulsa. After receiving his undergraduate and law degrees from the University of Oklahoma, Adam began his legal career as an Assistant District Attorney for Tulsa County and now focuses on general civil litigation. Adam serves as an Adjunct Professor of Law at the University of Tulsa College of Law, lives in Tulsa with his family and attends Temple Israel, his house of faith.
The Oklahoma Supreme Court and Management Information Services/Administrative Office of the Courts is pleased to announce the release of Electronic Filing (E-Filing).
The Administrative Office of the Court’s MIS division continues to develop the e-Filing portal in collaboration with Oklahoma’s court clerks to enhance the information capabilities available to court personnel and constituents.
The E-Filing portal is available on the Oklahoma State Courts Network website at www.oscn.net. For the initial release, registered users can electronically submit filings into existing civil, non-confidential district court cases in specific counties see map below. Future phased releases will grow participation by (1) enabling registration by additional types of filers, (2) e-filing to create new civil cases, e-filing in existing criminal cases, and e-filing in appellate cases.
Boutique Tulsa business litigation/business transaction law firm is in need of a 1-5 year associate. Salary will be commensurate with the candidate’s level of experience. Application and interview process will be held in the strictest confidence. Please send correspondence and resumes to 401lmaher@gmail.com.
In Loving Memory....
Tony Lee Waller passed from this life on Friday July 26, 2024 in Tulsa, Ok at the age of 88 years. Tony graduated from The University of Tulsa College of Law. Tony is survived by his niece.
2024-2025 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
Membership Director CLE, Sections & Committees
Heather Heck heatherh@tulsabar.com Ext. 1001
Front Desk Coordinator General Inquiries frontdesk@tulsabar.com Ext. 1000
Accounting accounting@tulsabar.com
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 ..............................................................Stephanie Jackson Past President.............................................................Mike Esmond
President-Elect.....................................................Michael Taubman
Vice President..............................................................Billy Duncan
Secretary....................................................................Shena Burgess
Treasurer..........................................................Mbilike Mwafulirwa
Budget/Internal Operations........................................John Gotwals
Foundation President ..................................................Justin Munn
Director at Large (1) Large Firm.................................Natalie Sears
Director at Large (2) Large Firm................................ Alex Telarik
Director at Large (1) Medium Firm.................................Kara Pratt
Director at Large (2) Medium Firm........................Jennifer Struble
Director at Large (1) Small Firm..............................Mary Clement
Director at Large (2) Small Firm...........................Linda Morrissey
Director at Large (2) Public Sector................. Judge April Seibert
ABA Delegate............................................................. Molly Aspan
OBA Delegate..............................................................Philip Hixon
Library Trustee (1).........................................................Julie Evans
Library Trustee (2).................................................... Kim Vojvoda
Presiding Judge .......................................... Hon. Dawn Moody
Chief Judge, U.S. District Court ...................Hon. John F. Heil, III
Chief Judge, Tulsa Municipal Court..........Hon. Gerald Hofmeister
TU Law School Student Representative ...................Eugene Flynn
TU Law School Representative.................................. Natalie Frost
YOUNG LAWYERS DIVISION BOARD
YLD Chair............................................................Lacy Williamson
YLD Past-Chair.................................................Colton Richardson
YLD Chair Elect.............................................................Kyle Trice
YLD Vice President...................................................Isaiah Brydie
YLD Treasurer..........................................................Morgan Smith
YLD Secretary..........................................................Kaia Kennedy
FOUNDATION APPOINTMENTS
Law Day Chair ....................................................Tana Van Cleave
Community Outreach................................................ Ashley Webb
Community Outreach Co-Chair...................... Madison Cataudella
Golf Chair................................................................Michael Thelen
Scholarship Chair........................................................Randy Lewin
FOUNDATION
President.....................................................................Justin Munn Treasurer...........................................................Catherine Hoopert
Trustee........................................................................Jim Gotwals
Trustee...........................................................................Ann Keele
Trustee..........................................................................Rick White
Trustee.........................................................................Lizzie Riter
Trustee ..................................................................Chad McLain
Trustee ...................................................................Kara Vincent
Trustee .................................................................Mike Esmond
TCBA President................................................Stephanie Jackson
TCBA Pres. Elect..............................................Michael Taubman
COMMITTEE CHAIRPERSONS
Access to Justice...............................................Pansy Moore-Shrier
Access to Justice Co-Chair... .............Katie Dilks
Animal Law ............Katy Inhofe
Animal Law Co-Chair .........Erica Grayson
Bench & Bar........................................................Kevinn Matthews
Bench & Bar Co-Chair.................................... ...........Diana Cupps
Children & the Law.......................................................Lexie Allen
Childfre & the Law Co-Chair .......Michael Nesser
CLE..................................................................Pansy Moore-Shrier
Diversity Development...........................................Marvin Lizama
Diversity Development Vice-Chair ...........Matt Ingham
Fee Arbitration.............................................................Scott Savage
Law Related Education / Street Law.........................Pierre Robertson
Law Related Education/Street Law Co-Chair............ Kara Vincent Lawyer Referral .............................................. ............Alan Barker
Mentoring ........................................................ ........Shena Burgess
Military/Veterans ......Mitchell Garrett
Nominations & Awards ..........Mike Esmond
Pro Bono................................................................. Shandi Stoner
Pro Bono Co-Chair ...............Eric Yoder
Professionalism .............Rick White
Membership & Special Events ..........Natalie Sears
Membership & Special Events Co-Chair ...............Kara Pratt
Publications......................................................Rhiannon Thoreson
Publications Co-Chair ..................................... Madison Cataudella
SECTION CHAIRPERSONS
ADR/Mediation.................................................O pen
Bankruptcy ..Hon. Paul Thomas
Business/Corporate................................................Spencer Pittman
Criminal Law ............Daniel Levy
Energy & Mineral Law.............................................Buford Pollett
Employment Law ............................................ ..........Chris Vaught
Family Law Co-Chairs..........................Anastasia Krich-Mahoney ..............................................................................Jordan Dalgleish
Health Law................................................................Shelby Fields
Immigration ................................................................Elissa Stiles
Juvenile Law. .......Michael Nesser
Juvenile Law Co-Chair..................................................Lexie Allen
Litigation................................Mbilike Mwafulirwa & Mark Smith
Municipal Law..................................................Rhiannon Thoreson
Paralegals/Legal Assistant.......................................Danna Malone
Paralegal /Legal Assistants Vice Chair.....................Sabrina Nitz
Paralegals / Legal Assistant - Secretary.......................Sheri Ward
Probate/Estate/Elder Co-chairs.........Kelly Jones/ Phillip Jennings
Solo/Small Firm .......................................................Mary Clement
Tax Co-Chairs..............................John Gotwals / Lauren Peterson
Technology ...............................................................Trevor Riddle
Workers Comp...........................................................Valerie Evans
Workers Comp Co-Chair ................................ ..........Micah Felton
* Section Chairs will be updated as positions are filled
