Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
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Building Our Future
July 2015
Tulsa L awyer M agazine
The Official Publication for the Tulsa County Bar Association, Inc.
D. Kenyon (“Ken”) Williams, Jr.
A Message From the President
DIVIDE ET IMPERA — For those of you who may have forgotten your high school Latin (or were smart enough to take a “living” language like Spanish or French), this phrase means “DIVIDE AND RULE.” I retain only smatterings of Latin I and II that I endured in high school (although I still remember Latin II as the only “B” on my transcript, not that it bothered me…), so when I came across the phrase in The Federalist Papers, Number 7, I had to look it up. Recognizing that you may not be, as I am not, a Constitution nerd, I will pass along the information that the author(s) of The Federalist Papers was Publius, the nom de plume of Alexander Hamilton, James Madison and John Jay. Beginning in 1787, Publius wrote a series of 85 essays in support of adoption of the proposed United States Constitution. In the instance of Number 7 of The Federalist Papers, Publius was Alexander Hamilton. Number 7 is an essay setting forth Hamilton’s
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arguments in support of adoption of the Constitution by the State of New York on the grounds that a Union of States would be less contentious and vulnerable than individual States. Hamilton posited possible disputes between the States regarding: (i) territories, such as the then unallocated and undeveloped territories; (ii) competition in commerce; (iii) discriminatory regulations and monetary impositions; (iv) allocation of public debt incurred in common causes; (v) laws in violation of private contracts; and (vi) conflicting alliances by the respective States with foreign nations. It was in the context of Hamilton’s discussion of conflicting alliances with foreign nations that he used the Latin phrase, stating that “Divide et Impera must be the motto of every nation that either hates or fears us.” Hamilton was pointing out that, for enemies of our Country, creating divisions in the unity of these United States is the surest path toward defeating and conquering the wonderful experiment that our form of federal government represents. Since I have freely admitted that I am not a Constitution nerd, you might wonder why I would be reading The Federalist Papers. In anticipation of the upcoming national holiday of July 4th, I have been trying to remember from my childhood all of the ways that my parents and hometown of Skiatook used to try to make it a special patriotic event. (Have I mentioned how thoroughly I enjoy having grandchildren?) Certainly the parades, fireworks displays and cookouts are part of those memories, but I also recall times that Abraham Lincoln’s “house divided” speech was quoted, both in school and as part of the speeches given at the end of
some of the public celebrations. It seems to me that in grade school I was required to memorize and recite this portion of the speech: “A house divided against itself cannot stand. I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new — North as well as South.” Growing up in the 1950’s and 1960’s in a small community where the only minorities were native Americans, I was fairly untouched by the issues of segregation and integration of public schools, but the national debate was so much a part of the fabric of the country that even in Skiatook it was a topic of discussion. While I recall the exercise of memorization and recitation, I do not recall any of my teachers or the local politicians making the connection between Lincoln’s speech and Jesus’ parables recorded in the Bible in Matthew 12, Mark 3 and Luke 11: “If a kingdom is divided against itself, that kingdom cannot stand. If a house if divided against itself, that house cannot stand.” It was while researching the origin of Lincoln’s reference in his speech that I came across the reference to The Federalist Papers, which led to further reading, and these thoughts I share with you. continued on page 2
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From my perspective, the United States has avoided the weakness of “becoming a kingdom divided” through certain unifying social compacts. The United States Constitution is one of those unifying compacts. The proposed United States Constitution was considered by the American people only 4 years after the 13 colonies won their freedom from British rule. The Federalist Papers were penned and published only 11 years after the Declaration of Independence. The Declaration, with its passionate and elegant language, is another unifying compact that has protected our Republic from division: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it; and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” Although not often a topic of discussion (in my education), the Declaration of Independence was a “new thing under the sun!” As John Quincy Adams (then Secretary of State but later the 6th President of the United States) declared in his July 4, 1821 speech to the United States House of Representatives: “The Declaration of Independence … was a solemn exposition to the world, of the causes which had compelled the people of a small portion of the British empire, to cast off the allegiance and
renounce the protection of the British king; and to dissolve their connexion with the British people. In the annals of the human race, the separation of one people into two, is an event of no uncommon occurrence.” Adams went on to describe the Declaration of Independence as “… the first solemn declaration by a nation of the only legitimate foundation of civil government. … It demolished at a stroke the lawfulness of all governments founded upon conquest. It swept away all the rubbish of accumulated centuries of servitude. It announced in practical form to the world the transcendent truth of the unalienable sovereignty of the people. It proved that the social compact was not figment of the imagination; but a real, solid, and sacred bond of the social union. From the day of this declaration, the people of North America were no longer the fragment of a distant empire, imploring justice and mercy from an inexorable master in another hemisphere. … They were a nation, asserting as of right, and maintaining by war, its own existence. A nation was born in a day.” After reading the entire text of the Declaration of Independence to the House of Representatives, Adams went on to say: “… and here are we, fellow-citizens, assembled in the full enjoyment of its fruits, to bless the Author of our being for the bounties of His providence, in casting our lot in this favored land; to remember with effusions of gratitude the sages who put forth, and the heroes who bled for the establishment of this Declaration; and by the communion of soul in the reperusal and hearing of this instrument, to renew the genuine Holy Alliance of its principles, to recognize them as eternal truths, and to pledge ourselves and bind our posterity to a faithful and undeviating adherence to them.”
we have recited since childhood -possibly so many times that the true import of the words and our “pledge” no longer impacts us. “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” With each recitation, we are renewing our promise of allegiance to our republic as an indivisible nation that strives to provide liberty and justice for all of the nation’s citizens. “Weighty” promises, both by us and by our nation! In The Federalist Papers, Number 51, Publius (James Madison) argued for the importance of balance of powers in the federal government. One portion of the essay in particular captures my attention: “In a free government the security for civil rights must be the same as that for religious rights. … Justice is the end (purpose) of government. It is the end (purpose) of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.” (Emphasis and clarification are mine.) My hope is that each of you, my brothers and sisters in our noble profession, will take pride in the knowledge that our role in protecting civil rights, liberty and justice for all is at the core of the founding principles of our Republic. What you do matters and is important - not just to your clients but to our Republic. Best wishes for a safe and patriotic 4th of July celebration of the unifying principles and compacts that bind us together as a people and country. Thank you for your service! D. Kenyon (“Ken”) Williams, Jr. TCBA President 2014 - 2015
Another unifying compact that comes to mind is the Pledge of Allegiance, which
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Energy & Mineral Law Section Awards Scholarship The Energy and Mineral Law Section of the Tulsa County Bar Association recently awarded its annual scholarship to Helen Sgarlata, who just completed her second year at Tulsa University’s School of Law. Ms. Sgarlata has taken a number of energyrelated courses in law school and her Comment on Production Tax Incentives for Renewable Energy was published in this year’s TU Energy Law Journal. Ms. Sgarlata will serve as Managing Editor of the Energy Law Journal for the 2015-2016 school year. She is currently employed as a summer intern by Philips 66 in Bartlesville.
Helen Sgarlata, left, pictured with last year’s Energy and Mineral Law Section scholarship recipient, Paige Miller, and Energy and Mineral Law Section Executive Committee member, Kim Wendell Submitted by Anita Anthony
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Essays on Professionalism Essays on Professionalism is a project of the Tulsa County Bar Association. Essays is a compilation of articles on topics of professionalism which encourage lawyers to emphasize the importance of acting professionally in their practices and in their lives. Most of the articles first appeared in Tulsa Lawyer. The cover of Essays consists of an image of the bronze front doors of the United States Supreme Court. Each of the doors is comprised of four panels depicting major events in the Western Civilization evolution of the Rule of Law as we know it today in the United States. Three of the eight events depicted involve the publication of the Corpus Juris by Roman Emperor Justinian in the sixth century, the adoption of the Magna Carta by the King of England in 1215 and the seminal Supreme Court decision in Marbury v. Madison in 1803. We are celebrating the 800 anniversary of the signing of the Magna Carta this year. The importance of an independent judiciary is a key message of these panels. These eight events could not have happened without the scholarship and advocacy of early representatives of the legal profession. The emphasis is the resolution of disputes through negotiation and litigation rather than through force, violence or war. Resolving conflicts without violence requires collegiality, professionalism and mutual respect. The golden color of the doors implies that the Golden Rule is an essential quality in the preservation of the Rule of Law.
These six characteristics embody the definition of professionalism adopted in April, 2015 by the Tulsa County Bar Association as follows: “Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest levels of Character, Competence, Compliance, Courage Civility and Citizenship.� On behalf of the entire Tulsa County Bar Association, President Ken Williams presented a copy of Essays to each new graduate of the University of Tulsa School of Law upon their graduation. President Williams encouraged all new lawyers to act with professionalism throughout their careers and to become active in the organized bar association. Copies of Essays on Professionalism can be purchased from the Tulsa County Bar Association.
Some of the qualities of professionalism include: Character: Embracing the qualities of honesty, integrity, responsibility, fairness, trust, honor, virtue and a fundamental moral code. Competence: Knowing the law and applying the law to the facts with experience and knowledge. Compliance: Complying with the law, the rules which govern the legal profession and the standards of professionalism. Courage: Doing what is right, even against professional and personal opposition. Civility: Exercising respect, common courtesy and fairness to all persons. Citizenship: Serving the public interest by donating time, energy and effort to further the Rule of Law.
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OKLAHOMA CITY, Okla. (May 14, 2015) – Special Olympics Oklahoma has named Hall Estill Labor and Employment Attorney Elaine R. Turner the 2015 Volunteer of the Year. Turner has organized Capitol Area Special Olympic events since 1996. Each year Special Olympics Oklahoma presents the Volunteer of the Year award to outstanding volunteers who are committed to the athletes and who put their all into volunteering for Special Olympics Oklahoma. “Elaine juggles a family, many friends and a successful law practice, but she still makes time to dedicate countless hours to Special Olympics,” said Stephanie Palmgren, a friend who nominated Turner for the award. “Elaine has worked tirelessly to organize every single Capitol Area event for the past 19 years, and she is a member of the original Capitol Area Management Team.” Turner’s award was presented during the 2015 Summer Games Opening Ceremonies in at Oklahoma State University’s Gallagher Iba Arena. “I am truly honored to have been selected as a Special Olympics Oklahoma Volunteer of the Year,” Turner said. “Working for the Special Olympics is tremendously rewarding. Witnessing the excitement and huge effort put forth by each athlete to do his or her best is all the inspiration I need to return event after event, year after year.” Special Olympics, a global nonprofit organization, provides year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities, providing continuing opportunities to develop physical fitness, demonstrate courage, experience joy and participate in a sharing of gifts, skills and friendship with their families, other Special Olympics athletes and the community. The goal of Special Olympics is for all persons with intellectual disabilities to have the opportunity to become useful and productive citizens who are accepted and respected by their families, friends and in their communities.
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There is much debate and no consensus about what constitutes “professionalism” or even what characteristics are to be found in the “professional” lawyer. In 2006, the Oklahoma Bar Association adopted the following definition:
advantage by playing games in discovery or by filing motions out of time or under circumstances where the opponent does not have a fair opportunity to respond. The professional lawyer plays by the rules and plays fairly. The professional lawyer demonstrates courage by doing what is right, even if doing so is highly unpopular or runs counter to long held community standards. Sometimes the professional lawyer is required to challenge laws or rules in order to seek justice. Often the professional lawyer takes positions that expose the lawyer and the lawyer’s family to great personal risk. The professional lawyer is civil. The professional lawyer demonstrates respect, courtesy and collegiality to the clients, the opponents, the opposing counsel and the courts and their staffs. Civility often dampens emotions and reduces the friction between the parties, so that reason and mutually agreed solutions can be achieved. Acting with civility facilitates problem-solving and dispute resolutions. The professional lawyer is a good citizen who volunteers time and effort to improve the community and to insure equal justice for all. Good citizenship means that the professional lawyer takes a leadership role in not-for-profit, community and faith-based organizations. The professional lawyer often sacrifices more lucrative positions to stand for election as a judge or as a representative of the people. Whether a public servant or a private citizen, the professional lawyer is a citizen with a special role in preserving and improving the Rule of Law. On the other hand, lawyers who act unprofessionally typically adopt a win-at-all-costs, Rambo attitude. They often engage in extreme behavior, believing that their arrogance, attitude and conduct is justified by a distorted view of the duty of zealous representation to their clients. They usually demonstrate some of the following characteristics:
“Professionalism for lawyers and judges requires honestly, integrity, competence, civility and public service.” All would agree that these characteristics are required for a lawyer to be viewed as “professional,” but many would argue that more is required. In April, 2015 the Tulsa County Bar Association adopted the following definition: “Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest levels of Character, Competence, Compliance, Courage, Civility and Citizenship.” Professionalism requires that lawyers not only personally and actively demonstrate the characteristics of professionalism but also that they encourage and promote those concepts in others. Professionalism is not a passive concept, and professionalism is not simply hollow high-minded phrases which never see the light of day in daily practice. Professionalism requires active and intentional conduct. The professional lawyer is a person of high moral character. The professional lawyer is honest, trustworthy, dependable and responsible. The professional lawyer demonstrates a commitment to high moral standards and both mutual respect and fairness to all. The professional lawyer is competent. The competent lawyer knows the facts and the law and uses good judgment and experience to further the client’s position. Competence requires the lawyer to listen carefully to the client, to be responsive and responsible to the client and to pursue the client’s goals and objectives with diligence, reason and good faith. The competent lawyer returns phone calls daily, responds to emails promptly and copies the client with all papers sent and received. The professional lawyer complies with both procedural and substantive laws, rules and regulations; observes the Rules of Professional Conduct and follows the Standards of Professionalism. The professional lawyer does not seek an unfair
They are rude, offensive or abrasive. They are discourteous, disrespectful or dishonest. They engage in harassing, humiliating or embarrassing conduct. They are sleazy, obnoxious or vulgar. They are unprincipled, immoral or uncivilized. They are overly combative, aggressive or competitive They use disparaging remarks, name calling or half-truths. 10
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They disregard procedural rules, delay responses and file documents out of time.
Lawyers who resort to unprofessional tactics usually hurt their clients, cause unnecessary expense, delay the resolution of the problem and destroy any chance of having a good name or reputation. “A good name is more desirable than great riches; to be esteemed is better than silver or gold.� Proverbs 22:1 (NIV). There is simply no place in our profession for those that abuse or game the system by resorting to the attitudes and characteristics of the unprofessional lawyer described above. The legal profession needs men and women who demonstrate high moral character, competence, compliance, courage, civility and citizenship. These lawyers are the fabric which upholds the American dream and the Rule of Law. Our clients and our profession depend upon the professional lawyer. They deserve nothing less. We owe them nothing less.
They misrepresent the facts, mischaracterize the record or misquote the law. They use false, reckless or misleading statements. They omit important facts, spin the truth, exaggerate some facts and disregard others. They are antagonistic, annoying and obstructive. They are acrimonious and overly zealous. They are arrogant, egotistic or self-absorbed. They are uncompromising and deliberatively uncooperative. They create friction, animosity and distrust.
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The Liberty Bell Award was established more than 40 years ago to acknowledge outstanding community service. The Liberty Bell is presented to a non-lawyer who has promoted better understanding of the rule of law, encouraged greater respect for law and the courts, stimulated a sense of civic responsibility, or contributed to good government in the community. The Liberty Bell Award is one of the most prestigious awards the Tulsa County Bar Foundation can bestow on an individual or group of individuals and this year the Tulsa County Bar recognizes Tulsa World reporter Bill Braun for his 31 years of dedicated, unbiased and accurate reporting of the state court activities. Mr. Braun has promoted a better understanding of the rule of law, encouraged a greater respect for law and the courts, stimulated a sense of civic responsibility and contributed to good government in our community.Through his professional conduct, Bill is held in high esteem by the Editors of The Tulsa World, and he is also admired and respected by the District Court.
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2015 TCBF CHARITY GOLF TOURNAMENT Jim Hicks, TCBF Golf Chair Bistro for the Closest to the Pin contest on #8 and Ken Coldwell won on #5. Needless to say, some “left it all” on the golf course. Sadly, TCBF President, James R. Gotwals, won nothing.
Despite record rainfall over the previous weeks, the Tulsa County Bar Foundation’s annual Charity Golf Tournament enjoyed beautiful weather on May 18, 2015. Azure blue skies behind billowing white clouds greeted the 112 players at Bailey Ranch Golf Club in Owasso, the new site for this year’s tournament. TCBA staffers Kevin Cousins, Julie Cook, Bethany Lyon and Jody Geiger handled and oversaw the registration of golfers.Trisha Archer and Amber Peckio-Garrett toured the course with refreshments and were a welcome sight after especially tough holes. Comments like “That’s a peach;” “Weeee” and “Man, I’m hot today” were heard around the course.
Many thanks to all of our great sponsors. The $2,500 Eagle Sponsors were McAfee & Taft; Mazzio’s Corporation; Richards & Connor; Seed Technologies; Sonoma Bistro & Wine Bar and Litgistix Business Solutions. The $1,500 Birdie Sponsors were Barrow & Grimm; Land Rover Tulsa; Moyers Martin; Works & Lentz; Insurica – Joe West Company and Hall Estill. Par Sponsors were Baker’s Custom Golf; Central States Orthopedics; Crowe & Dunlevy; Head Johnson Kachigian; Leonard & Rineer and James R. Gotwals & Associates. In addition, many hole sponsors helped to make the tournament a financial success.
Bob Allen, Disabled American Veterans Commander and other Post 32 members presented the colors before the start of the tournament. After reciting the Pledge of Allegiance, a shotgun start began the tournament. Members of Blue Star Mothers and DAV helped set up the event and monitor holes where prizes were awarded to golfers.All agreed that the #17 par 3 hole was impossible! The Range Rover parked near the green was an impossible dream.
I would like to personally thank the golf committee which did an outstanding job of planning the tournament and obtaining sponsorships, prizes and gift items. Committee members included Larry Leonard, Brad Williams, Trisha Archer, Amber Peckio- Garrett, Christina Vaughn, Bruce Roach, Michael Jones, Gerald Hilsher, Rebekah Guthrie, William Kellough, Paul Naylor, Malcom Smith and Caroline Wall. TCBA Past President, Jim Hicks, while chairing the committee, was virtually no help whatsoever. This sentiment was echoed the day of the tournament by Brad Heckenkemper, Allen Barrow and Nick Jones! Seriously, the tournament was a pleasant success and most everyone enjoyed the day out of the office raising money for the TCBF’s charities. Many thanks to all participants. See you next year!
The 1st Place team was “Land Rover Tulsa” comprised of Chris Molina, Steve Odea, Bill Sanders and Greg Meier with a net score of 48.6. Second Place was the Rogers & Bell team comprised of Matt Farris, Clint Swanson, Anthony Richardson and Pat Churchwell with a net score of 56.2. TCBA President, Ken Williams, and his brothers each won golf swing evaluations from Golf Tech. Prizes for Longest Drive in the Fairway were awarded to Chris Molina on #9; Chase Boles on #14 and Don Davis on #18. And let me tell you, these long drives were enviable. Prizes for Longest Putt Made were awarded to Ryan Ritchie on #3; Justin Munn on #10 and Chris Molina on #16. Clearly, some people are spending too much time on the golf course. Pat Churchwell won a $50 gift certificate from Sonoma
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USE OF DISCOVERY MASTERS IN CIVIL AND DOMESTIC MATTERS By Marshall Dyer On November 1, 2015, a new law, to be codified at 12 OS §3225.1, will create the statutory position of “Discovery Master” (DM). In any civil action, the Court, with or without Motion of a Party, may appoint a DM.
any potential conflict disclosed. Before performing any duties, the DM must execute and file an oath that he/she will faithfully execute the duties of a DM.
AUTHORITY APPOINTMENT
Unless limited by the terms of the Appointing Order, the DM has a broad range of powers, including regulating all proceedings and ruling on Motions within the scope of the appointment, calling Discovery Conferences and conducting evidentiary hearings, which includes the power to take and record evidence and compel the attendance of parties and witnesses. The DM may recommend any sanction to the Court, and issue Orders, Reports and Recommendations. When the DM files a Report, Recommendation or Order, any party may, within 14 days of the filing, file a Motion to Adopt or an Objection to such Report, Recommendation or Order. Any non-moving party must file a response within 15 days of the filing of the Motion to Adopt or Objection. In ruling on any Motion or Objection, factual findings are reviewed De Novo, unless the parties stipulate that clear error shall be the standard, or where an Order Appointing DM by agreement stipulated that factual findings of the DM are conclusive. All legal conclusions are reviewed De Novo. Decisions of procedural matters may be set aside only for abuse of discretion. The decision can be after hearing, or upon the written materials of the parties. The Judge may adopt, affirm or reverse, in whole or in part, the decision of the DM, or resubmit the matter to the DM with instructions on how to proceed. It should also be noted that the DM is not an “all or nothing” position. The Order Appointing the DM can specifically limit the scope of authority to only certain Motions or other aspects of the Discovery process. Any Special Master or Referee appointed by another statute is not subject to the Order Appointing DM unless the Order Appointing DM so specifies.
Unless waived by the parties, there must be a hearing on any Motion, whether by a party or the Court, to appoint a DM. At the hearing, the Court must consider the fairness of imposing the potential cost to the parties and any measures necessary to avoid unnecessary delay. Any party may nominate someone to act as DM. The Court may appoint a DM to “perform duties related to discovery, consented to by the parties” or “address pretrial and posttrial discovery matters to facilitate effective and timely resolution.” If the Court is proceeding under the latter of the two, the Order appointing the DM must contain specific findings. After the appointment, the DM must disclose any potential conflict that would serve as the basis of a disqualification. Disqualification is required if the DM has any relationship to a party, attorney, court or action that would disqualify a Judge in the action. Possible conflicts must be reported within 14 days of the appointment. A Motion to disqualify a DM must be made within 14 days of the required disclosure. Any Motion to disqualify a DM is decided by the DM. The decision of the DM can be appealed to the Trial Judge, then the Presiding Judge, then by Writ of Mandamus to the Supreme Court. The Order appointing a DM must direct the DM to proceed with all reasonable diligence. Whether by agreement, or over objection, the Order must contain specific elements. The Court can direct the DM to circulate an Order for comment prior to its final entry. Special care should be used to draft the Order, as the statute is silent on when a DM may make an Order, as opposed to a Recommendation or Finding. The Order may be amended at any time, after notice and opportunity for hearing. As written, the statute seems contradictory, as there is the requirement to disclose potential conflicts within 14 days of appointment, but requires a great deal of detail in the Order appointing the DM. It would seem an awful lot of effort is required to fashion an Order without benefit of knowing if disqualification will be warranted. One possible framework would be to have a minute entry Order appointing the DM which directs the appointee to circulate an Order simultaneously with the written notice of potential conflicts. The entry of a Journal Entry on the record could then act as a waiver by the parties of
COMPENSATION Before or after Judgment, the Court can fix the DM’s compensation, either based on the terms of the Order Appointing, or, after notice and opportunity for hearing, upon a new basis set by the Court. The compensation may come from the parties, or from a designated fund within the control of the Court.
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CONCLUSION get out of something what you put into it. Counsels that simply throw together an Order Appointing Discovery Master without taking the time to carefully craft the provisions will find themselves spending additional time litigating the terms of the Order than accomplishing meaningful Discovery.
Like the Parenting Coordinator in Domestic cases, the Discovery Master will not be suitable in a majority of matters, but for those civil and domestic matters where the issues will require complex or integrated Discovery, the use of a DM will ultimately save time and money. The caveat, however is in the idea that you
12 OS §3225.1(A)(1) If the appointment and scope are agreed, no specific findings are necessary. If there is objection by one or more parties,12 OS §3225.1(A)(2) requires specific findings that: (a) [T]he appointment and referral are necessary in the administration of justice due to the nature, complexity or volume of the materials involved, or for other exceptional circumstances, (b) [T]he likely benefit of the appointment of a discovery master outweighs its burden or expense, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, the importance in the referred issues in resolving the matter or proceeding in which the appointment is made, and (c) [T]he appointment will not improperly burden the rights of the parties to access to the courts. 12 OS §3225.1(B)(1) 12 OS §3225.1(B)(2)through(6) Pursuant to 12 OS §3225.1(C)(2), the Order must state: (a) [T]he DM’s duties, including, but not limited to, investigation and enforcement; (b) [T]he circumstances under which the DM may engage in ex parte communications with the parties; (c) [T]he limitations on the DM’s communications with the Court; (d) [T]he nature of materials to be preserved and/or filed with the Court; (e) [T]he time limits, method of filing, procedures and standards for reviewing the orders, findings and recommendations of the DM (f) [T]he terms and procedures for fixing the compensation of the DM. 12 OS §3225.1(C)(3) 12 OS §3225.1(D)(1) 12 OS §3225.1(E) and (F) 12 OS §3225.1(F)(3) 12 OS §3225.1(F)(4) 12 OS §3225.1(F)(5) 12 OS §3225.1(H) 12 OS §3225.1(G)
Marshall Dyer is in general private practice in Broken Arrow. He accepts appointment as Discovery Master in civil and domestic matters in Tulsa and Wagoner Counties, and as a mediator in domestic cases. For sample Motions and Orders to appoint DM’s, you can email a request to mkdyer11@gmail.com.
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Attorneys recognized include: Corporate/Commercial—Health Care, Robert Glass (Band 2)
Grapevine
Energy & Natural Resources Steve Adams (Band 2) Dale Cottingham (Band 2) Richard B. Noulles (Band 3) Terry Ragsdale (Band 2) Rob Robertson (Band 3) Intellectual Property Paul Johnson (Senior Statesmen)
McAfee & Taft announces the addition of associate attorney Rachael F. Hughes to its Litigation Group. Hughes is a trial lawyer whose practice encompasses the areas of business litigation, appellate advocacy, insurance litigation, and administrative proceedings with an emphasis on research and writing. She is a member of the Oklahoma Bar Rachael F. Hughes Association, Oklahoma Associate of Defense Counsel, and Council Oak/Johnson-Sontag American Inn of Court. Hughes is a 2013 honors graduate of the University of Tulsa College of Law and holds a bachelor’s degree from Oklahoma State University. While in law school, she served as a judicial intern for the Honorable Paul Cleary of the U.S. District Court for the Northern District of Oklahoma, as a legal intern for the U.S. Attorney’s Office for the Northern District of Oklahoma, and as a legal intern for the Federal Election Commission in Washington, D.C. McAfee & Taft is Oklahoma’s largest law firm and one of the nation’s 250 largest law firms as ranked by the National Law Journal. The firm’s Litigation Group has been perennially top-ranked in Oklahoma by the publishers of the Chambers USA Guide to America’s Leading Lawyers for Business and Benchmark Litigation. _________
Litigation—Mediators Steve Barghols (Band 1) Litigation—General Commercial David Bryant (Band 2) Sidney Dunagan (Band 2) Oliver Howard (Band 2) Dean Luthey (Band 3) James Sturdivant (Senior Statesmen) Native American Law Dean Luthey (Band 1) Real Estate Stephen Schuller (Band 3) _________
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Fellers Snider announced the recipients of its third annual diversity and inclusion scholarships. “We received a stellar collection of applications from the three Oklahoma law schools. The applicants’ academic achievements, service to the community, and understanding of the importance of diversity and inclusion were impressive,” stated Liz Davies, chair of the Fellers Snider Diversity & Inclusion Committee. Cassia Carr will be a third year student at the University of Tulsa College of Law. In addition to excelling in her studies, Ms. Carr spends time volunteering at Tulsa Hope Academy and Pipeline Plus. Andrea Fryar, now a third year student at the Oklahoma City University School of Law, has been on the Dean’s List every semester. Last year, outside of her academics, Ms. Fryar worked with the Canadian County Court Appointed Special Advocates (CASA) to review and amend its training. Loreli Randolph, who just completed her first year at the University of Oklahoma College of Law, worked at the Oklahoma Department of Human Services prior to law school. In addition to participating in law school organizations, Ms. Randolph volunteers with the Victim Protective Order Program.
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Chambers USA Recognizes 14 Attorneys and the Firm Overall GableGotwals has been recognized as a Leading Firm in the areas of Energy and Natural Resources (Band 2), General Commercial Litigation (Band 2) and Corporate/Commercial (Band 3). The qualities on which Chambers USA rankings are assessed include technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client. Interviews are conducted with peers outside of the firm and clients in order to determine inclusion and rankings. Fourteen GableGotwals attorneys have also been named as 'Leaders in their Field' in the 2014 Chambers USA rankings. Areas of law ranked include Corporate Commercial: Health Care, Energy & Natural Resources, Intellectual Property, Litigation, Mediation, Native American Law and Real Estate.
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Attorneys are selected for these awards based on work within specific practice areas. Local Litigation Stars and Plaintiff Local Litigation Stars are chosen from a list of attorneys recommended consistently as reputable and effective litigators by clients and peers. Future Stars are chosen from a list of partners referenced by peers and clients as litigators who are likely to be become Local Litigation Stars in future years. The following Crowe & Dunlevy attorneys were recognized as 2015 Oklahoma Local Litigation Stars:
Fellers Snider created these scholarships to encourage and promote the importance of diversity in the legal profession. _________
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Family laws attorneys, Tamera A. Childers and Rebecca L. Post announce the opening of their new firm, ChildersPost, PLLC. Their practice will concentrate on divorce, paternity, guardianships, child custody, child support, visitation, enforcement & modification, and protective orders. Since graduation from the University of Tulsa College of Law in 2003, Tamera Childers has worked for some of Tulsa’s finest attorneys and law firms, focusing her practice in the area of family law. Tamera is listed as one of the Top 10 Family Law Attorneys in Oklahoma by the National Academy of Family Law Attorneys. She is an AV-rated lawyer by Martindale-Hubbell* Bar Register of Preeminent Women Lawyers, exclusively for women attorneys who have received the highest possible rating in both legal ability and ethical standards from their peers. Less than 5% of women lawyers have been recognized with an AV Preeminent Rating. Tamera also serves as the Municipal Court Judge for the City of Bixby. After graduating from the University of Tulsa College of Law in 2003, Becky worked for Domestic Violence Intervention Services (DVIS) where she was involved in heavy litigation practice focusing on high conflict matters involving domestic Violence. Following DVIS, Becky accepted a full time teaching position at Community CareCollege, where she taught Business Law, Critical Thinking, Human Resources, Principles of Business, Principles of Management and Business Communications. After leaving teaching behind, she formed Post Investments, LLC in 2013 and focused on investing and consulting with businesses. ChildersPost is located at 21 Centre Park, 2642 East 21st Street, Suite 240, Tulsa, Oklahoma 74114; phone number is 918-574-8990; and their email address are tamera@childerspost.com and becky@childerspost.com. _________
1 Joe E. Edwards – Securities and White Collar Crime 2.Jimmy K. Goodman – Insurance and Product Liability 3.Kevin D. Gordon – Antitrust, Insurance and Intellectual Property 4.William H. Hoch – Antitrust, Bankruptcy and Intellectual Property 5.D. Michael McBride III – General Commercial and Native American 6.D. Kent Meyers – Antitrust, General Commercial and White Collar Crime 7.Mack J. Morgan III – Antitrust, General Commercial, Intellectual Property 8.Clyde A. Muchmore – Antitrust, Appellate, General Commercial, Insurance, Intellectual Property and Media and Entertainment 9.Brooke S. Murphy – Insurance and Securities 10.Timila S. Rother – Appellate, Health Care and Insurance 11.Anton J. Rupert – Construction, General Commercial, Personal Injury and Product Liability 12.Terry M. Thomas – Bankruptcy and General Commercial Susan E. Huntsman, Gerald L. Jackson, Drew T. Palmer and Thomas B. Snyder were recognized as 2015 Future Stars, a title given to litigators who show promise and are expected to earn the title of Local Litigation Stars in coming editions. Judy Hamilton Morse, along with Morgan and Rupert, were recognized as 2015 Oklahoma Plaintiff Local Litigation Stars by Benchmark Plaintiff, the definitive guide to America’s leading plaintiff litigation firms and attorneys. Earlier this year, Benchmark Litigation named Crowe & Dunlevy the 2015 Oklahoma Firm of the Year. This is the second year in a row the firm has received this recognition, which is awarded to one firm per state per year and is based on the firm’s case matters in 2014, including potential precedent set or verdicts with notably high dollar amount at stake. _________ __________
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Seventeen Crowe & Dunlevy attorneys were recently recognized with individual distinctions by Benchmark Litigation and Benchmark Plaintiff, the annual guides to the United States’ leading litigation and plaintiff firms and attorneys. Twelve attorneys were named 2015 Oklahoma Local Litigation Stars, and four were recognized as Future Stars. In addition, three attorneys were named 2015 Oklahoma Plaintiff Local Litigation Stars. “We’re honored that our firm and individual attorneys are consistently ranked by legal guidebooks as the best in our industry, which demonstrates our dedication to providing top quality, comprehensive legal services to clients,” said Crowe & Dunlevy President and CEO Kevin Gordon. “As one of the largest and most experienced law firms in the state, we are proud to receive these honors and will continue to strive for excellence in all that we do.” July 2015
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Hall Estill was recently recognized for having the fourth highest percentage of minority partners in Law 360’s list of the 50 Best Firms for Minority Partners. Law360 surveyed 289 U.S. firms regarding their overall and minority head count numbers and then ranked the firms based on the percentage of equity partners who are minorities. Through the survey it was determined minorities make up 22 percent of Hall Estill’s partners; more than three times the national average of 7 percent. 25
“Of the many recognitions which Hall Estill has received, this one stands out as very special to us,” Hall Estill Managing Partner Mike Cooke said. “Hall Estill’s strong percentage of minority partners does not simply reflect an emphasis on diversity at our firm, but really speaks to the broad range of talented attorneys, from all different backgrounds, we are fortunate to have at Hall Estill.” The Law360 Minority Report found that nationally just 7 percent of equity partners are minorities, despite the fact that minorities have made up more than 20 percent of law school enrollees for nearly a decade. Hall Estill is the only Oklahoma law firm to make Law360’s Top 50 list. “The real beneficiaries of our diversity are our clients,” Cooke said. “Given the intricacies and complexity of law, there is an undeniable advantage in having different perspectives and backgrounds working on a case or situation.” _________ __________
Joseph H. Bocock (Litigation), Timothy J. Bomhoff (Energy), Courtney Bru (Employment), Jennifer H. Callahan (Employment), Mark D. Christiansen (Energy & Natural Resources), W. Chris Coleman (Corporate/Commercial), Mary Quinn Cooper (Litigation), Bruce Crum (Corporate/Commercial), Robert W. Dace (Litigation), Sam Fulkerson (Employment), Gary Fuller (Corporate/Commercial: Tax), Robert L. Garbrecht (Real Estate), Lloyd T. Hardin, Jr. (Real Estate), John N. Hermes (Litigation), Stephen Hetrick (Corporate/Commercial), Frank Hill (Real Estate), Richard P. Hix (Litigation), James Dudley Hyde (Employment), Michael E. Joseph (Corporate/Commercial: Healthcare), Robert Joyce (Energy & Natural Resources: Environment), Michael J. LaBrie (Intellectual Property), Myrna Latham (Real Estate), Michael F. Lauderdale (Labor & Employment), Kathy R. Neal (Employment), Charles S. Plumb (Employment), Tony G. Puckett (Employment), Anthony Rahhal (Intellectual Property), Richard A. Riggs (Real Estate), Reid Robison (Litigation), Patricia A. Rogers (Corporate/Commercial: Healthcare), James W. Sharrock (Real Estate), Joshua D. Smith (Corporate/Commercial), C. David Stinson (Energy), N. Martin Stringer (Corporate/Commercial), Jeff L. Todd (Litigation), Elizabeth D. Tyrrell (Corporate/Commercial: Healthcare), Peter Van Dyke (Employment), Christina M. Vaughn (Native American Law), Nathan L. Whatley (Employment), and Elizabeth Scott Wood (Employment) Researchers with London-based Chambers & Partners Publishing, publishers of the 2015 guide, conducted in-depth interviews of attorneys and clients throughout the United States to identify and rank the nation’s leading business lawyers. The final rankings are based on such factors as technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment, and other qualities most valued by the client.
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McAfee & Taft received top marks in the 2015 edition of the Chambers USA Guide to America’s Leading Lawyers for Business, earning top rankings in the areas of corporate/commercial (including tax and healthcare), energy and natural resources, intellectual property, labor and employment, litigation and real estate law. The firm’s Native American law practice was also highly ranked. In addition, 43 of the firm’s attorneys were honored as leading lawyers in their respective practice areas. Bill G. Freudenrich was named a first-time honoree in the area of employment law, and John A. Kenney was honored in two categories, litigation and intellectual property, for the sixth consecutive year. Others re-named to the prestigious list were T. Michael Blake (Corporate/Commercial: Tax), Rachel Blue (Intellectual Property),
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Building Our Future
July 2015
Tulsa L awyer M agazine
The Official Publication for the Tulsa County Bar Association, Inc.