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TULSA LAWYER
In this Issue
A Message from
Ann E. Keele
2018-2019 TCBA President
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Reflections on Interpreting the Law, Applying it to Facts and Rendering Judgment An exercise in practical professionalism By Edward Main
January 2019
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Join the Diversity Committee - MLK Parade
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Lawyers Against Hunger - The Day in Photos
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YLD - Grab your bowling shoes!
11 DAV Recognizes TCBF Golf 12 Mark Your Calendars - May 6th! 2019 TCBF Charity Golf 19 Diversity Committee News 20 Challenge Met! Natalie Sears 21
The Sky’s the Limit The Joe Dial Story A Review By Michael P. Taubman
23 Don't Let CLE Deadlines Get You Down!
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Won’t You Be Oh Won’t You Be My Paralegal By Rhonda Ford
24 A Book Review C.H. Rosenstein: 70 Years in the
“Thickets of the Law” Author: Francine Ringold
Review by Michael P. Taubman
27 Annual Family Law CLE 28 Santa's Law Suit - A Landslide Victory! 30 Grapevine 32 Classifieds
Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Courage, Civility and Citizenship. Tulsa Lawyer 1
A Message from the President
Ann E. Keele Happy New Year I hope you all had a healthy and joyful holiday season. January is a month of new beginnings, and to make resolutions to improve our lives. As we move forward in this new year, there are some upcoming TCBA events to look forward to, so be sure to watch for the weekly email updates from Tammi. Here is a preview of two events happening this month: • YLD Bowling League is starting in January, so if you are interested in signing up, then please contact YLD Chair Natalie Sears at nsears@cordelllaw. com. • Tulsa Oilers Hockey, come watch the team on Saturday, January 26! Tickets are first come, first serve, and are FREE to TCBA Members. Watch for the email announcement on how to reserve your tickets!
support, and to Ashley Webb and the TCBF Community Outreach Committee who coordinated the restaurant night. Thanks to all of you who made the 2018 Holiday Challenge a great success! Remember that we will be celebrating Martin Luther King, Jr. Day on Monday, January 21, 2019, and the Tulsa County Courthouse and the TCBA Center will be closed that day in observance thereof. I’m very excited to announce that the TCBA Diversity Committee will be participating in the MLK Day Parade in Tulsa! The parade will start at 11:00 a.m. on January 21, so let’s attend the parade and show our support! According to the MLK Day Parade website, “annually more than 10,000 people attend the annual parade that now lines up at Martin Luther King Jr. Boulevard and John Hope Franklin and meanders down through historic Greenwood Avenue to Archer. According to JET Magazine, the Tulsa MLK Commemoration Parade is one of the largest parades in the United States touting 200 plus entries every year.” Go to https:// www.mlktulsa.com/mentoring-programs for more information.
Thank you to all who participated in the 2018 Holiday Challenge benefitting Family & Children’s Services. It was a successful and rewarding project that helped meet the needs of many Tulsa area families. A detailed report will be published in the February issue This issue of the Tulsa Lawyer focuses on of the Tulsa Lawyer Magazine. A special thank you to Delasandro’s Italian Restaurant for their generous professionalism. Lawyers are expected to live within
Advertising is easy! Let us help you promote your business.
Contact tulsabarnews@yahoo.com 2 Tulsa Lawyer
Tulsa County Bar Center Holiday Hours Closed Jan. 1st for New Years Day. Closed January 21st for Martin Luther King, Jr. Day.
compliance of the Oklahoma Rules of Professional Conduct, which are found in Title 5 of the Oklahoma Statutes, Chapter 1, Appendix 3-A. Not only are we expected to comply with these standards in the practice of law, but also when acting in a nonprofessional capacity. 5 O.S. Ch. 1, App. 3-A, ¶ 3. “A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs.” Id. at ¶ 5. “Lawyers play a vital role in the preservation of society.” Id. at ¶ 13. Lawyers should be exemplary in their business dealings and personal conduct, being honest and dependable, civil and courteous. Our learned profession should be respected and admired, rather than the punchline in jokes. Let’s do our part to show that lawyers are upright and good citizens. I hope you have a great January and succeed in keeping your New Year’s resolutions. Sincerely, Ann E. Keele TCBA President, 2018-2019
You are invited to walk with the Diversity Committee! TCBA members interested in walking with the TCBA Diversity Committee in the 2019 Martin Luther King, Jr Day Parade are invited to come to the diversity meeting on January 9th at noon or contact committee chair, Judge April Siebert. In the January meeting they will be finalizing decisions on signage, donuts, coffee and location for staging for the parade. Contact Judge Siebert at April.Seibert@oscn.net The parade will be held Monday, January 21st! Please join us!
Lawyers Against Hunger was a huge success thanks to the many donations and the volunteers who participated. Â
Saturday November 7 2018
The cost per family is approx. $50 per family for the turkey and items that go with it. And as you can see from all the great photos it was a great day and event. To learn more about the program you may contact Hugh Robert at hugh@sm-oklaw.com or visit their website at lawyersfightinghunger.org A very special thank you to Harold Dorsey (pictured at left w/ Judge LInda Morrisey) for capturing the day in photos and being a part of this event.
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Tulsa Lawyer 5
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lawyersfightinghunger.org
It's that time of year again! Join us for the
YLD Bowling League! Teams of 4 that are interested in joining, please email Natalie Sears at nsears@ cordelllaw.com. Bowling league will begin January 10th at 6 p.m. at Sheridan Lanes and run for a total of 10 weeks.
Play starts January 10th so act quickly!
Each Thursday night, join up for 3 games and compete against other attorneys! $320 for a team of 4 for all 10 weeks of play.
SIGN UP NOW!
Reflections on Interpreting the Law, Applying it to Facts and Rendering Judgment An exercise in practical professionalism By Edward Main I have been a lawyer since the waning decades of the last millennium. I do legal research for an insurance-defense firm, where I write monstrous documents, which only a perverse sense of scale would call briefs. From reading depositions, examining the documentary evidence, and looking at the physical evidence, I try to develop an approach to a particular issue. What interests me is that this kind of work is right on the cusp between the General and the Particular; that is, the problem of determining how a general concept, a law, a regulation, a rule, a principle, applies to a given set of circumstances. Stated another way (although I have no judicial capacity), the question is how to pass judgment? As lawyers, we enact these behaviors as an everyday exercise in practical professionalism.
A man’s most valuable trait is a judicious sense of what not to believe. -Euripides (c. 480 – 406 B.C.E.), Helen, ll. 1617-1618. [B]lest are those Whose blood and judgment are so well commingled That they are not a pipe for fortune’s finger To sound whatever stop she please. -William Shakespeare (1564 – 1616), Hamlet, Act III, scene 2. ‘Tis with our judgments as our watches, none Go just alike, yet each believes his own. -Alexander Pope (1688 – 1744), An Essay on Criticism, Part 1.
Independent of the legal use of the term, Nevertheless, insofar as the law is concerned, “Judgment in general is the faculty of thinking the particular as contained under the universal.” the goal is to get the judgment right: Immanuel Kant (1724 – 1804), The Critique of A judgment is the final determination of the Judgment. Part I, Sec. 4, p. 179, ll. 7-15. The problem rights of the parties in an action. is, which “universal” to apply to the “particular.” Will Rogers once said: “Good judgment comes -12 O.S. 2011, §861. from experience, and a lot of that comes from bad judgment.” Observations about the possibility for errors of judgment have a long history:
The need for the correct application of the law to the facts has long been recognized. The emperor who codified Roman law stipulated: [W]e have to treat of the duties of a judge; of which the first is not to judge contrary to the statutes, the imperial laws, and custom. -Justinian (483 – 565), Institutes or Elements, Book IV, Title 17. The same principle lies at the heart of English common law: We will not make justiciars, constables, sheriffs or bailiffs except of such as know the law of the realm and are well inclined to observe it. -Magna Carta, Sect. 45, June 15, 1215. The emphasis on knowing the law may suggest that a judgment is a simple matter of logical deduction: In fact, a judgment is but the conclusion in a syllogism having for its major and minor premises the issues raised by the pleadings and the proof thereon. -Spindle v. Hyde, 247 Mo. 32, 152 S.W. 19, 24 (1912). However: General propositions do not decide concrete cases. The decision will depend on a judgment or intuition more subtle than any articulate major premise. -Lochner v. New York, 198 U.S. 45, 78 (1905), opinion by Oliver Wendell Holmes (1841 – 1935). Neither Justice Holmes nor I recommend disregarding governing law or established precedents. Instead, the point is that how the law applies to the facts is often not as straight-forward as it might seem at first glance.
Edward Main is a partner with Secrest, Hill, Butler & Secrest, in Tulsa, and practices mainly in the areas of appellate advocacy and legal research; he has been with the firm for thirty years. He received his J.D. with honors from the University of Tulsa College of Law. He also holds both an M.A. and Ph.D. in philosophy from Southern Illinois University at Carbondale, as well as a B.A. in history from the University of Tulsa.
Actual human conduct is diverse; motives are various and levels of intent are notoriously hard to ascertain. To illustrate, I refer to some parodies and satires on British legal opinions written mostly in the 1930’s. One was based on a (fictitious) a regatta on the Thames River. On a dare one person jumps off a bridge and into the river; as he is swimming to shore he is taken by the police, who tried to figure out just exactly what it is he did wrong. Part of the (equally fictitious) appellate opinion affirming the sentence stated: It may be said at once in any case no blame whatever attaches to the persons responsible for framing these charges, who were placed in a most difficult position by the appellant’s unfortunate act. It is a principle of English law that a person who appears in a police court has done something undesirable, and citizens who take it upon themselves to do unusual Tulsa Lawyer 9
actions which attract the attention of the police should be careful to bring those actions into one of the recognized categories of the crimes and offenses, for it is intolerable that the police should be put to the pains of inventing reasons for finding them undesirable.
small, dark spots inside the blotches, argued the dog was entitled to a double-subsidy because it had two kinds of spots and spots within spots. One of the king’s ministers suggested requiring at least three spots, each no smaller than 10 mm, but they could not agree whether the size should be measured from -A.P. Herbert, “Rex v. Haddock,” the tips of the dog’s hairs or from their roots, or Uncommon Law, p. 24 (Methuen & Co.: whether to round measurements up or to round them down. Nor could they agree how far apart the spots London, 1935). had to be from each other, or whether they could It’s a parody, it’s humorous, but the idea is that the touch at any point. rule governs and behavior has to be squeezed into The basic idea is that laws are generalities; the rules. they establish classes of actions. Any such general The converse also occurs: any rule that law will have edges and any degree of precision attempts to frame a “bright line” distinction between specified is also a degree of imprecision. Anytime what is permitted and what is not, any categorization there’s a border, anytime there is a rule, anytime that stipulates different legal treatment for different there is an edge, there are going to be disputes about activities, will inevitably be vague and imprecise precisely where that edge is.
to some degree. That is, to stipulate a degree of Don’t get me wrong; I’m not arguing that any precision also stipulates the extent of tolerable attempt to apply the law in a particular case is doomed variance. to failure. I do suggest, in contrast, that the process I recall an anecdote my tax law professor used of thinking through the law and its application is decades ago; I do not remember the details of his serious business, and it needs to be sensitive to the account, and I do not know if it was original to varieties of human conduct and motives. That’s why him. My version of the general theme I call “The we have lawyers and judges. Moreover, we must Fable of the King and the Dogs.” One day, the king imbue the concept of professionalism to students in went out on a boar hunt; he had his hunting dogs our law schools and lawyers in our firms and across with him, one was spotted and one was solid color. the table, which are best exemplified by our judges They tracked down a boar and the boar attacked and the lawyers who lead others through positions the king, the spotted dog defended the king, but of our bar associations and in our firms. Even the dog with the solid coat retreated, so the king more important, we must commit to living by our declared that spotted dogs are noble and brave and professional standards in our own lives within and solid color dogs are base and cowardly; he granted without our services as members of the bar, so the a subsidy for owners of spotted dogs and imposed community at large continues their trust and reliance a tax on people with solid colored dogs to support on our professionalism to guide them. the subsidy. Immediately there were problems: The owner of a dog with one big spot argued that one spot was sufficient for the subsidy, as the dog clearly did not have a solid coat, but then the owner of a dog with a single tuft of contrasting-colored hair on its chest argued that the size of the spot does not matter and either the solid coat appearance was actually just one really big spot, or, alternatively, tuft was just a very small spot. The owner of another dog with large blotches of medium shade and numerous
Would you like to share your expertise & knowledge with the legal community and your peers? mptaubman@taubmanlawoffice.com tulsabarnews@yahoo.com
Disabled American Veterans (DAV), Post 32, Recognizes support from the Tulsa County Bar Foundation The DAV was the recipient of funds raised at the 2018 TCBF Charity Golf Tournament. Receiving the award on behalf of the TCBF is Pat Mensching, chair of the 2018 TCBF Charity Golf Tournament. The award was presented at DAV’s Annual Christmas Meeting, Saturday, December 15th.
Mark you calendars NOW for the 2019 TCBF Golf Tourney, May 6, 2019 See page 12 for details!
Tulsa Lawyer 11
Sponsorships Available!
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CLE PACKED HOUSE
The Dec. 13th Annual Estate Planning/Probate CLE was sold out this year. Thank you to Henry Will for his longtime and continued commitment to organize and present this quality Continuing Legal Education seminar.And thank you to all of our speakers who volunteer to be a part of it. We could not do it without you!
Won’t You Be – Oh Won’t You Be – My Paralegal By Rhonda Ford, TCBA Paralegal Section Chair Recently, my co-chair and I attended a Career Day session at Tulsa Community College for students pursuing paralegal studies. While sharing a bit of insight about the p a r a l e g a l p r o f e s s i o n , I was reminded of the variety of firms and institutions I have worked for over the years, as well as some of the tasks I was asked to do. During my very first law firm job, I had to run lots (LOTS) of errands and perform certain tasks, some of which were not business-related. In today’s world, some of the things I was required to do would not be perceived as part of my job in accordance with Labor and Employment rules and regulations. Thankfully, I don’t pick up dry cleaning and kids from tennis lessons or make bank runs for “new money” instead of wrinkled, dirty “old money” anymore on Friday afternoons, but lots of other things have changed as well. Over the years, I have been fortunate to have worked with some great people who are also my friends.
and salaries are very specific and publicly advertised. The corporate environment is similar and is divided into departments. So even though you are in the Legal Department of Company X, you are still a company employee. And as a legal representative, one or more of the other company employees may at some time become a “client.” No matter the place or space and the amount of experience of a paralegal, one of the most valuable skills to master is the ability to be flexible. We embrace our role in a profession of constant learning as a reliable “go-to” team player. Even though we can be flexible on any given day, we also know the importance of time management and know when to say, “no.”
A couple of years after high school, I became the secretary/paralegal/office manager/mail clerk to an attorney in a two-room suite who specialized in estate planning and succession (the Louisiana term for probate) law. In that particular kind of office, one must assume all of the paralegal and clerical duties. Years later, when working as a paralegal in a large firm, I was “assigned” to one or more attorneys who usually specialize in a particular area of law. Although this is the norm most days, sometimes you are recruited to assist another paralegal or attorney who is up against a deadline and is in need of reinforcements. I have never worked in a local, state or federal government agency, but I know that they function differently where job titles
When looking to hire a paralegal, his or her expertise can vary like that of the lawyer’s who will be supervising the work performed. For instance, I have a lot of litigation skills learned by working on cases in private law firms, but I also work with the preparation and negotiation of contracts. Most paralegals are excellent at organizing records and files, keeping track of deadlines, drafting pleadings and other documents, and are generally very detail-oriented. And if I am a paralegal working in the Legal Department of XYZ Inc. that same role will be different than a law firm paralegal. I would help monitor all activities from inside the company and act as liaison to outside counsel with the law firm that handles the litigation of the case. I would also be a
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One of our members tells the story of representing one of the paralegal organizations at an annual vendor function when a new attorney approached her table full of brochures and other items. As he thumbed through one of the handouts, he asked her, “where do I find a paralegal and what can she/he do?” She enlightened him about her experience and skills as well as some of the obvious benefits a paralegal can offer as an assistant to any lawyer. Then she told him he could find one at the Paralegal Store on Utica. Not really. But there are various agencies that place paralegals, and many of our members have suggestions as well.
direct contact for employees/custodians of documents who may be familiar with the facts and circumstances surrounding actions or events that became the basis for the case. For the company, scheduling employee witnesses for internal meetings and management of their documents become a primary focus.
Other non-billable tasks that come to mind are office management, library maintenance, and mail-related activities.
According to the American Bar Association’s website information, the Standing Committee on Paralegals of the American Bar Association drafted, and the ABA So what can a paralegal do? These are some tasks to House of Delegates adopted the ABA Model Guidelines assign and supervise that may or may not fall under the for the Utilization of Legal Assistant Services in 1991. American Bar Association Guidelines (more about that Prior to that, the term, “legal assistant” was approved by later). This is by no means a comprehensive list, so a the Board of Governors. In 1997, the definition of legal lot depends on your needs and the capabilities of the assistant was amended and defined as: paralegal: “A legal assistant or paralegal is a person qualified • Draft and revise pleadings, motions, reports, by education, training or work experience who corporate and financial reporting documents, is employed or retained by a lawyer, law office, contracts, correspondence, chronologies, corporation, government agency or other entity workers’ compensation filings, regulatory who performs specifically delegated substantive filings; legal work for which a lawyer is responsible.” •
Conduct fact and expert witness interviews;
Some states have also adopted state-specific recommendations or guidelines in addition to the ABA. Both national organizations, the National Federation • Organize files and handle case and database of Paralegals (NFPA) and National Association of management, and docket deadlines; Legal Assistants (NALA) have codes and guidelines which are referenced throughout the ABA Guidelines • Proofread attorney authored documents and first published in 2012, and paralegals must maintain check legal research authorities; a certain number of continuing legal education (CLE) • Prepare exhibits for various filings and trial; hours each year. The ABA’s ten guidelines describe • Attend trial and trial presentation (sometimes a lawyer’s responsibilities in delegating legal-related we even stash your favorite gum and mints. tasks to paralegals as well as responsibilities regarding And don’t forget the Tylenol!) the paralegal-client relationship. Comments and background information about each guideline are • Perform fact and legal research, provided as well. Of note, labor and employment rules I’m exhausted just from compiling the list! Some and regulations regarding hourly vs. salaried employees, paralegals may also transition into office management as well as overtime compensation apply to paralegals, within law firms and many private and public companies even though their work may be billed to a client. have corporate-type roles for someone with legal skills, such as regulatory reporting, risk management, Included in the ABA Guidelines are some activities that export compliance, human resources, and property are NOT consistent with tasks handled by paralegals. management to name a few. Two paralegals I know The third Guideline specifically outlines the Big 3 became Corporate Secretaries for public oil and gas which cannot be delegated to a paralegal by a lawyer. A lawyer cannot delegate to a paralegal/legal assistant the exploration and production companies. responsibility of: As mentioned above, there are various guidelines available which should be adhered to as much as 1. Establishing an attorney-client relationship; possible. Of particular note, paralegals cannot bill for 2. Setting the fee arrangement for the attorney-client clerical tasks such as answering phones for attorneys relationship; and and staff, typing or transcribing correspondence or 3. The legal opinion rendered to a client regarding his/ pleadings unless he or she is actively preparing them. her case. •
Attend various inspections or act as case liaison with clients;
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As an extension to #1 above, I always identify myself initially as a paralegal when talking to a client, other case personnel, vendors, etc. As paralegals, we know how important it is to project a professional image for the firm and the people we work with. And one of the things we do best is help take care of clients. When the attorney isn’t available, a client needs to be able to reach someone even if we don’t immediately know the answer to the question. So, visit the ABA’s site and learn more about its position on paralegal services and benefits to attorneys and clients. Be sure to check out the ABA’s Top Ten Reasons for Utilizing Paralegals and listen to a podcast on hiring your first paralegal. Hopefully you have been somewhat enlightened about a paralegal’s skills and abilities can help make your life easier and more productive so you can do what you do best. We function as an extension of the attorney and his/her practice – not a replacement.
Do you have photos of a TCBA event? Have you spotted a TCBA Member in a random act of kindness? Know of an attorney or firm that goes above and beyond to help our community? Please share with the Tulsa Lawyer! Email to mptaubman@taubmanlawoffice.com or tulsabarnews@yahoo.com
Rhonda Ford grew up in Shreveport, Louisiana and later moved to Oklahoma City where she worked as a legal secretary and then paralegal for several organizations, including Crowe & Dunlevy, Hartzog Conger & Cason, Fellers Snider, Kerr McGee and Sandridge Energy. She currently works as a global compliance and technology contracts paralegal in one of the Claremore facilities for Baker Hughes, a GE Company. She holds a BA from the University of Central Oklahoma and certificate in paralegal studies from the University of Oklahoma School of Law. Hobbies include reading, traveling, gardening, traveling, and attending performing arts programs.
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Diversity Committee News Update by Benjamin Fu
The Diversity Committee of the Tulsa County Bar Association held its October and November meetings at the Tulsa County Bar Association. Judge April Seibert, special judge for Tulsa County, led a discussion regarding strategies for reaching out to those in need of legal services in the Tulsa community as well as ideas to improve minority, female, and LGBTQ representation in Tulsa’s legal community. Also in attendance were several leaders of various University of Tulsa College of Law student-led organizations who were invited to join the Committee and participate in monthly meetings.
The Committee will continue to meet on a monthly basis to organize various projects aimed at connecting under-served people with quality legal services as well as increasing the visibility and impact of minority, female, and LGBTQ attorneys in the community. Any members of the Tulsa legal community who are interesting in joining the committee or sharing ideas for how to make our bar association more inclusive are encouraged to contact Judge Seibert at april.seibert@oscn.net
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Challenge Met!
By Natalie Sears
Happy New Years! As we reflect on 2018, I want A detailed report will be published in the next issues of to thank all who participated in the 2018 Holiday the Tulsa Lawyer Magazine. However, I want to thank Challenge benefitting Family & Children’s Services. It all who stepped up to adopt families this year: was another wonderfully successful year! We were able to adopt out 25 families this holiday season!!!!
• Children & the Law Committee – Team Leader: Natalie Sears
• Tulsa County 3rd Floor Judges & Staff – Team Leader: Shana Grandstaff
• Robinett, Swartz & Aycock – Team Leader: Jake Aycock • TU Law ½ Ls – Team Leader: Cassandra Bosch
• Conner & Winters – Team Leader: Anne Sublett
• Holden & Montejano – Team Leader: Jennifay Richardson • Monroe & Keele – Team Leader: Lauren Rostykus • Stafford Family – Team Leader: Lizzie Stafford
• L&L Construction – Team Leader: Gina Gardner
• Bowman Family – Team Leader: Jessica John Bowman • McAfee & Taft – Team Leader: Gerald Hilsher
• Vaughn Family – Team Leader: Christina Vaughn • Cordell & Cordell – Team Leader: Natalie Sears
• Tulsa County Bar Association Staff – Team Leader: Tami Williams • Ray Family – Team Leader: Stephanie Ray • TU Law SBA – Team Leader: Carter Fox
• Bullock Family – Team Leader: Anne Sublett
• Sanders & Associates – Team Leader: Esther Sanders
• Secrest Hill Butler & Secrest – Team Leader: Jennifer Struble
• Aston Mathis Campbell Clarke & Tiger – Team Leader: Judy Hesley • Milton Family – Team Leader: Jim Milton
• Smith Family – Team Leader: Morgan Smith
• Attorneys at 1515 Law Offices (Karen Keith Wilkins, Tony McAuliff, Matthew Schultz, Scott Keith, Randy Rankin, Nikolas Rankin, Thomas Bingham) – Team Leader: Karen Keith Wilkins
• Jones Gotcher (Maren Minnaert Lively, James Weger, Patrick Waddel, Julia Strong, Brittany Rosa, and Kevin Shank) – Team Leader: Maren Lively
• Legal Aid of Oklahoma (Kimberly Moore, Karen Langdon, Becky McCracken, Natalie Tupta, Benjamin Moser) – Team Leader: Kimberly Moore
Again, a detailed report of all families that were adopted and all donations given to benefit this great cause will be in the next issue of the Tulsa Lawyer Magazine. A special thank you to Dalesandro’s Italian Restaurant for their generous support, and to Ashley Webb and the TCBF Community Outreach Committee who coordinated the restaurant event. 20 Tulsa Lawyer
Cordell & Cordell Holiday Challenge. From left to right: Â Rebecca Gore, Ron Gore, LeeAnne Starks, Kate Lewis, Natalie Sears, Jill Coleman, Ryan Nanney, and Colby Pearce.
Left: Greg Gordon, TCBA Executive Director and Tami Williams, TCBA Membership Director
Below: Children and the Law wrapping party. Committee members shown, left to right:Â Lizzie Stafford, Natalie Sears, Megan Beck, and Barbara Sears.
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Unfinished CLE got you down?
The TCBA can help with Continuing Legal Education video replays. Check the website and watch your inbox for a full schedule!
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The Tulsa County Bar Association wil be offering CLE video replays during January and February. So if time has slipped by too fast and you are still in need, be sure to check out our schedule.
~ Video Replay Topics ~ Veterans Law (1.0 Hour) Age Diversity in the Workplace (1.0 Hour) The Business of the Cannabis Law (1.0 Hour) Ethical Considerations for serving on Non-Profit Boards (1.0 Ethics Hour) When Do I Have to Call DHS? (1.0 Hour) 2018 Annual Employment Law (3.0 Hours) Guardianship Bootcamp (3.0 Gen Hours & 1.0 Ethic Hour) New Court Rules for Juvenile Law (2.0 Hours) Annual Estate Planning (6.0 Gen Hours & 1.0 Ethic Hour) You Can’t Take it With You…Make Sure Your Ex Can’t Either (1.0 Hour) Are You Me? How Fraud and Identity Theft Occur (1.0 Hour) Criminal Law: DUI Basics (1.0 Hour) RGDP Rules 6 & & - When Can You Have Sex with a Client (1.0 Ethics Hour) Valuing Commercial Property (1.0 Hour) Bankruptcy Law Update (1.0 Hour) Basic Estate Administration and Probate (2.0 Hour) Treatment Courts (2.0 Hours) The Inside/Outside Counsel Relationship (1.0 Hour) Is Something Wrong with Legal Education? (1.0 Hour) Valuing Commercial Property (1.0 Hour) But the Declarant is on the Stand. Why is it Still Hearsay? (2.0 Hour)
Prices: Members Non-Members 1.0 - $35 1.0 - $50 2.0 - $65 2.0 - $90 3.0 - $90 3.0 - $125 4.0 - $100 4.0 - $140 7.0 - $160 7.0 - $225
Questions? Contact Tami Williams tamiw@tulsabar.com 918-584-5243 Ext. 223
A Book Review - C.H. Rosenstein: 70 Years in the “Thickets of the Law” Author: Francine Ringold
~ By Michael P. Taubman
A few reading this review personally knew and/ or practiced with/against Claude Houston Rosenstein, Esq., so I hope to do him justice, since I never had the pleasure of knowing him. Some may be asking, why are you reviewing a book that published 33 years ago in 1985? What’s the point?
The history of Claude Rosenstein’s coming to the law and navigating his career through the “thickets” wove an interesting tale. As recounted by J. Douglas Mann in the Foreward to this book, this biography reminds us of a life spent in dedication to the law and in service to all, describing Claude Rosenstein as “a man who stands not only for the majesty of the law but for Professionalism, that’s the point in the most the sanctity of human endeavor.” Mann confesses his succinct term. I received a call, quite unexpectedly, prejudice in favoring Rosenstein, summarizing him as from a mentor and friend Larry Yadon (also a “a soft-spoken advocate whose eloquence came not only predecessor editor of Tulsa Lawyer) asking me to read from his words but from his gentlemanly manner.”2 this biography of C.H. Rosenstein’s 70 year career in the practice of law. I suspect there were (are or ever shall be) few attorneys on our rolls whose careers Ringold, Francine. C.H. Rosenstein: 70 Years span nearly three and a half score, much less become 1 in the "Thickets of the Law". Franson Press, memorialized in a book about that career. To the point 1985. See Foreward. of January’s Tulsa Lawyer magazine, Professionalism repeated itself throughout the pages of this book. 2 Ibid. 1
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Professionalism appears to have been a hallmark of Claude Rosenstein, carrying in his briefcase a quote to remind himself daily to continuously endeavor to improve his skills. The quote reads: “First class trial men… are a breed to themselves. Trial men are men who love the law. Men who adjust to its idiocies, shake off incompetent appellate decisions and go on trying cases. Trial men are generally men of fair honor who exist for the courtroom, substituting its life for their own lives. Generally, they are the best left of what has become a very tricky profession again in these years of the individual.”3
The quote speaks not only to professing the practice of law, but it goes to the heart of the word, affirming what surely was Rosenstein’s faith and allegiance to the principles of law. May we all be so inspired and passionate about this life in the law Claude graduated in 1913 as a member of the Order of that we’ve chosen, even if just for a little while in the Coif with the second graduating class from OU with a our careers. Bachelor of Law, before being admitted on a motion. Born August 31, 1893, Claude H. Rosenstein only attended one year at the University of Oklahoma after finishing high school in Norman, planning to study engineering. He was drawn to the newly founded school of law in the basement of the library at OU after he went to see a murder trial out of curiosity for the sensational news coverage of that day. Rosenstein recounts his applying to OU law school, stating: It was 1910, the fall following my hearing that trial. I went out and enrolled in law school. That’s about all you had to do was show up and tell them you wanted to go to law school. At that time, you could go to law school even without a high school diploma, but they preferred you to have one. So I went and signed up and finished.”4
Rosenstein also recounted that diplomas cost extra, “our class didn’t get sheepskins. A diploma would have cost each person $5.00.” From the onset of his graduation, he fought for future graduates, explaining “[s]o the class of 1913 decided that the $5.00 charge was outrageous, and refused to pay it contending that since the University of Oklahoma was a state institution, graduates shouldn’t be charged for their diplomas.”4 The book reports that Claude would receive his diploma many years later at no charge, which I suppose (technically) qualifies as his first win of his career. 3
Throughout his storied career, Rosenstein represented tribal members on their allotments as well as oil barons. He formed non-profits, such as the Tulsa Psychiatric Hospital, and, in a substantial manner, he shaped the Tulsa 3
Ibid.
4
See pp. 19-20.
Public Schools system for over forty years, including Rosenstein believed in working tirelessly for the everything from desegregation to taxation. Handwritten client and the firm, which he instilled in his associates notes from Rosenstein’s personal journals appear in the as well. Tony Ringold shared the following story: text, showing how he diligently noted cases he read to inform his opinions for the Board of Education. In "I came to work for him in 1957. He believed 1932, he stood up against then-Gov. “Alfalfa” Bill in working, and expected his young lawyers Murray when the Board came under attack, and Murray, to work, six days a week, 8-5. After about through the O.A.G.’s office, had Rosenstein and the a year, I was asked by a prospective client Board members jailed on a specious claim of criminal to play golf with him on an afternoon of conduct regarding the expenditures of the school the following week. Seeking to do a little district. After making bond, Rosenstein filed a motion marketing, I asked Mr. Rosenstein if I could to dismiss the case, which sat pending until Murray’s take the afternoon off for that purpose. He term as governor expired and was then granted. frowned, then smiled and said “Sure, and you can take the rest of the afternoons off I contacted several members of Claude too.” The message was clear. He was a fine Rosenstein’s firm, including Douglas Mann, Tony person and lawyer, highly respected by his Ringold and Coleman Robinson about my interest in employees and the bar." the book. They generously offered some additional thoughts on their personal remembrance of working Rosenstein gifts continue to this day, as Mann, with Claude Rosenstein. In particular, Mr. Robinson Ringold and Robinson shared in their mutual response shared this: that they felt most fortunate and grateful to claim Claude Rosenstein as a giving teacher, mentor, partner “One of my most cherished remembrances of and friend. May we all be so well remembered for Claude occurred when I was a young lawyer our professionalism. Although first printed in 1985 with the firm, and Claude was age 90 or so. I (three years after Rosenstein’s retirement), this book was doing some legal research on an oil and is available, in limited supply, on Amazon and other gas issue and happened upon a 1922 decision book outlets. The hardcover edition, if you find one of the Oklahoma Supreme Court. I observed available, reads quickly being only 73 pages; although, that Claude had represented an oil company the PDF version formatting shortens up to an easily defendant in the trial court and in the appeal. accessible 45 pages. A portable document formatted I thought I will have some fun with Claude version (PDF) is available on the website of the firm, and question him about the evidence he had Rosenstein, Fist & Ringold (www.rfrlaw.com). presented to the court - then some 70 years ago.. To my amazement, Claude told me, without hesitation, that he had traveled to Oklahoma City, by train, on a frigid winter day in 1922, to argue the matter before the Supreme Court, where in Oklahoma City he had breakfast that day, his friendship with opposing counsel, the then whereabouts of most of the parties and witnesses in the case, as well as the case law he had relied mptaubman@taubmanlawoffice.com on. Claude’s memory/total recall was totally amazing.”
Are you interested in submitting a book review? Contact Michael Taubman
“a man who stands not only for the majesty of the law but for the sanctity of human endeavor.” ~ J. Douglas Mann, Esq. 26 26 Tulsa Tulsa Lawyer Lawyer
Annual Family Law CLE 01/25/19 7.0 Credit Hours
9am-10am CONTOURS OF BEST INTEREST The statutory framework regarding custody. Critical case law on custody. Current court trends in custody. • Joint as default. • Relocation issues, and relocation issues that don’t violate the relocation statute but disrupt parenting time and custody. • Rarity and reasons for sole custody determinations, and methodologies for getting to sole. 10am-11am PARENT COORDINATORS PANEL. Are the people who PC’s serve progressing with joint custody? Or are they using the PC as another battleground? Is joint custody and relatedly that “strong” PC serving the “best interests” of children. 11am-12pm THERAPIST’S PANEL. How important is preference in custody matters? What are therapists seeing in regard to children whose parents are joint custodians? Is joint from the therapist’s standpoint beneficial? Would the children benefit psychologically from a determination of custody? How does the system, from the therapist’s standpoint, further the best interests of the children they see? What does the psychological literature say about joint/sole in regard to best interests? What percentage of our population’s children benefit from joint custody? What percentage of our population’s children suffer as a result of joint custody. 1pm-2pm JUDICIAL PANEL. What do our judges look at in making a determination of custody? Do they have a bias towards joint, and if so why? If we need to try joint custody in most cases, when do we know its failed. What are the factors that tip the scales for the court on joint or sole? What role does child preference play, and when and why? 2pm-3pm GAL PANEL. First, how has the legal change affected the GAL’s role in assisting the Court in determining best interests. What is best interest to the GAL. What protocols does each GAL use in arriving at a determination and/or recommendation? How does that further their determinations. What role does preference play in their determinations? 3pm-4pm EVALUATOR PANEL. Ph’d’s who do custody work. Who are we? What personality types comprise the population served in the system on custody cases? How are they harming their children’s best interests? What is “psychological best interests of a child”? What does the evaluator look for in making a custody recommendation? What are the protocols of the evaluator in doing their evaluation? How can the system better serve those interests? What role does child preference play?
Register online at www.tulsabar.com or contact Tami Williams at tamiw@tulsabar.com 918-584-5243 ext 223
Santa's Law Suit was a Landslide Victory
28 Tulsa Lawyer
Friday, Dec. 14th the Community Outreach Committee, volunteers and the TCBA staff, sorted and prepared the hundreds of donations to Santa's Law Suit. Left1st Step Male Diversion Program Receives Donation from TCBF
Tulsa Lawyer 29
Grapevine News The Tulsa law firm of Atkinson, Haskins, Nellis, Brittingham, Gladd & Fiasco announces that Ashley A. Janzen has joined the firm as an associate. Ashley A. Janzen graduated with highest honors from the University of Tulsa College of Law in 2018, after earning a B.S. in Organizational Management and Ethics from Oklahoma Wesleyan University in 2014. While in law school, Ashley was a member of the legal honor society, Phi Delta Phi. She received CALI Awards in Financing Land Transactions, Medical Consumerism and the Immigrants’ Rights Project. Ashley is a member of the Oklahoma Bar Association and currently practices in the area of civil litigation with an emphasis in research.
GableGotwals welcomes Tim Sullivan. Tim Sullivan joins the law firm of GableGotwals as of counsel in the Tulsa office where he will focus his practice on the oil and gas industry and counseling clients on legal issues concerning upstream, midstream, and downstream operations. He spent eight years in Washington D.C. guiding clients through complex litigation as well as having an active pro bono practice. Tim received his law degree from Notre Dame Law School and his bachelor’s degree from Loyola University.
Also, GableGotwals welcomes Kyle Evans. Kyle Evans joins GableGotwals in the Oklahoma City office as of counsel and will focus his practice on a diverse range of commercial matters with a special The BERLIN LAW emphasis on insurance law. He also has extensive FIRM is pleased to announce experience in the areas of healthcare, bad faith, fraud, that Andrea Brown has employment discrimination, breach of contract, class joined the firm as an associate actions, negligence, and business torts. Kyle received attorney. Mrs. Brown obtained his law degree from the University of Oklahoma College her JD from the SMU Dedman of Law and his bachelor’s degree from Oklahoma State School of Law. As a former University. felony prosecutor with the Tulsa County District GableGotwals l i k e w i s e w e l c o m e s Jeff Attorney’s Office for the past twelve (12) years, Mrs. Roderick. Jeff Roderick joins the Tulsa office of Brown will concentrate her practice in the defense GableGotwals as an associate and will focus on of persons charged with Sex Crimes, Crimes Against commercial and business law. He clerked for the Children, and Domestic Assault and Battery. Honorable Gregory K. Frizzell of the U.S. District Court for the Northern District of Oklahoma. Jeff received his law degree from Harvard Law School and The BERLIN LAW his bachelor’s degree from Oklahoma State University. FIRM is pleased to announce that Kyle Killam has joined the firm as an associate Send Grapevine news to attorney. Mr. Killam obtained his JD from the TU School tulsabarnews@yahoo.com of Law. Prior to joining the Berlin Law Firm Mr. Killam Firm additions, birth spent 17 years in criminal defense and 3 years in family announcements, law as a solo practitioner. Mr. weddings, promotions. Killam will concentrate his practice in the defense of persons charged with miscellaneous criminal matters Share your news. with his primary focus on domestic assault and battery.
30 Tulsa Lawyer
Deric McClellan and Alexander Sokolosky were recently named as associates in the Tulsa office of Crowe & Dunlevy. McClellan handles general litigation matters in the Appellate, Energy, Environment & Natural Resources and Indian Law & Gaming Practice Groups. He previously served as a law clerk to Senior Judge Stephanie K. Seymour on the 10th U.S. Circuit Court of Appeals. A graduate of the University of Tulsa College of Law, McClellan was honored with the Order of the Curule Chair and was named the Oklahoma Bar Association Outstanding Senior Law Student in his graduating class. In addition, he served as the articles research editor for the Tulsa Law Review and received the CALI Award for Excellence in torts, criminal law, property, legal writing III, administrative law, evidence, trusts and estates, land use controls, advanced torts, international law, basic oil and gas and remedies. Sokolosky is a member of the firm’s Bankruptcy & Creditor’s Rights, Indian Law & Gaming and Litigation & Trial Practice Groups. He served as a judicial intern for Justice Yvonne Kauger of the Oklahoma Supreme Court and Judge Daman Cantrell of the 14th Judicial District of Oklahoma. Graduating with honors from the University of Oklahoma College of Law, Sokolosky was inducted into the Order of the Coif and the Order of the Scribes and received American Jurisprudence Awards in legal research and writing I, legal research and writing II, advanced persuasive writing, advanced legal research, constitutional law, contracts and conflict of laws. Participating in moot court competitions during law school, Sokolosky won Best Brief in the First Year Moot Court Competition, the Ruby Vale Corporate Law Moot Court Competition and the National Moot Court Competition’s regional round.
TULSA COUNTY BAR
FOUNDATION FELLOWS
Become a TCBF Fellow today or make your existing pledge current. Fellows pledge to donate $1000.00 to the TCBF. Payment may be made in one sum or billed annually at $100 per year. Becoming a Fellow is a great way to support the Foundation!
Contact the TCBA for more information! 918.584.5243
Did you know you can also make a memorial donation to the Tulsa County Bar Foundation?
Tulsa Lawyer 31
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