Meet Your Bar Association - President James R. "Jim" Hicks - Oklahoma Bar Association
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ALSO INSIDE: Filing a ‘Reservation of Time’ • At-Home Injuries Volume 93 — No. 1 — January 2022 Meet Your Bar Association President James R. “Jim” Hicks
contentsJanuary 2022 • Vol. 93 • No. 1 THEME: Meet Your Bar Association Editor: Lori Rasmussen Cover photo of James R. “Jim” Hicks by OBA Communications Specialist Lauren Rimmer FEATURES PLUS 6 Meet 2022 OBA President Jim Hicks 38 Filing a ‘Reservation Of Time’ Waives By Dawn Shelton Certain 12 O.S.§2012 (B) Defenses Because 12 Volunteers Who Guide Your Association the Rule Under Young May Have Been Superseded by Statute 22 OBA Departments and Services By Kraettli Q. Epperson 28 Member Benefits 44 At-Home Injuries: The Blurry Line Between 33 OKBar.org: Your Virtual HQ Compensability and Deniability By Dawn Shelton By D. Wade Christensen DEPARTMENTS 4 From the President 48 From the Executive Director 50 Law Practice Tips 54 Board of Governors Actions 57 Oklahoma Bar Foundation News 59 Young Lawyers Division 60 For Your Information 62 Bench & Bar Briefs PAGE 38 – Filing a ‘Reservation Of Time’ 64 In Memoriam 67 Editorial Calendar 72 The Back Page PAGE 44 – At-Home Injuries
From The President Ulihelisdi Atse Udetiyvsgv (Happy New Year) By Jim Hicks A S A PROUD MEMBER OF THE CHEROKEE Nation, I wish everyone a Happy New Year. I want to thank 2021 OBA President Mike Mordy for his hard assessment can be made of the association. From that data, we can then proceed with a search process to find John Morris Williams work this past year in guiding the association through 2.0. Our goal is to identify and hire a new the depths of the COVID pandemic along, with the executive director by this fall so they can gradual reopening of the courts and life in general. As “shadow” the OBA Annual Meeting to be held he mentioned in his January 2021 message, “I would at the new Oklahoma City Convention Center like to commend Oklahoma attorneys and the judiciary in November. in showing empathy, compassion and loyalty to each The 2021 Annual Meeting was a blend other this past year in working through a difficult situ- of virtual and in-person meetings. A spe- ation.” In a profession that sometimes lacks civility, the cial highlight was presenting the Liberty pandemic has shown the need for character and com- Bell Award to Carol Manning, who recently passion toward our fellow attorneys. retired as OBA Communications Director Longtime Executive Director John Morris Williams after 26 years of service to the association. has announced his retirement at the end of 2022. John Lori Rasmussen has ably taken over Carol’s has been a stalwart champion of the attorneys in this position, and we look forward to many years state and has represented our association well in his of positive impact going forward. Another interactions with the Supreme Court, the Legislature retirement is Debbie Brink, the longtime and local and national bar associations. In a recent assistant to the executive director. Debbie has meeting with the justices of the Oklahoma Supreme trained her replacement, Alisha Davidson. Court, many commented on the wonderful relation- Finally, the Diversity Awards Dinner was a ship John has forged with the stunning success with each honoree regaling court and how difficult it will be the audience with stories of their journey for to replace him as executive director. inclusion in the profession. Fellow member Nevertheless, that will be the goal and author Hannibal Johnson gave a fas- of 2022. cinating and thought-provoking discussion The Board of Governors will of the 1921 Tulsa Race Massacre. I especially likely engage the services of the enjoyed the Ton-Kon-Gah: Kiowa Warriors Oklahoma Center for Nonprofits to Black Legging Society who presented the help guide the selection process. It is colors on Veterans Day. envisioned that a survey of the entire 2022 is shaping up to be a bright new membership will be undertaken to year for the OBA, and I urge everyone to better understand the wants, needs become involved in the committees and and goals of our diverse membership. sections of our organization. I am deeply From Guymon to Poteau, Miami to honored and humbled by the opportunity to President Hicks practices Lawton and everywhere in between, lead this organization and will do my best in Tulsa. jhicks@barrowgrimm.com every attorney’s voice needs to to bring empathy, compassion and loyalty (918) 584-1600 be heard so that a comprehensive to every member. 4 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2022 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 93 — No. 1 — January 2022 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the content of their ads, and the OBA reserves JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair Editor-in-Chief the right to edit or reject any advertising copy johnw@okbar.org AARON BUNDY, Tulsa for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected LORI RASMUSSEN CASSANDRA L. COATS, Vinita by the Board of Editors. Information about Editor submissions can be found at www.okbar.org. lorir@okbar.org W. JASON HARTWIG, Clinton BAR CENTER STAFF LAUREN RIMMER C. SCOTT JONES, Oklahoma City John Morris Williams, Executive Director; Advertising Manager advertising@okbar.org JANA L. KNOTT, El Reno Gina L. Hendryx, General Counsel; Jim Calloway, Director of Management Assistance DAWN SHELTON Program; Craig D. Combs, Director of BRYAN W. MORRIS, Ada Digital Content Manager Administration; Janet K. Johnson, Director of dawns@okbar.org EVAN ANDREW TAYLOR, Norman Educational Programs; Beverly Petry Lewis, Administrator MCLE Commission; Lori KIEL KONDRICK Digital Content Specialist ROY TUCKER, Muskogee Rasmussen, Director of Communications; kielk@okbar.org Dawn Shelton, Director of Strategic DAVID E. YOUNGBLOOD, Atoka Communications and Marketing; Richard Stevens, Ethics Counsel; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve OFFICERS & Sullins, Assistant General Counsels BOARD OF GOVERNORS Les Arnold, Julie A. Bays, Gary Berger, Debbie Brink, Jennifer Brumage, Cheryl Corey, Alisha JAMES R. HICKS, President, Tulsa; MILES T. Davidson, Nickie Day, Ben Douglas, Melody PRINGLE, Vice President, Oklahoma City; BRIAN T. HERMANSON, Florence, Johnny Marie Floyd, Matt Gayle, President-Elect, Ponca City; MICHAEL C. MORDY, Immediate Past Suzi Hendrix, Debra Jenkins, Kiel Kondrick, President, Ardmore; ANGELA AILLES BAHM, Oklahoma City; S. SHEA Rhonda Langley, Jamie Lane, Durrel BRACKEN, Edmond; DUSTIN E. CONNER, Enid; MICHAEL J. DAVIS, Lattimore, Renee Montgomery, Whitney Durant; ALLYSON E. DOW, Norman; JOSHUA A. EDWARDS, Ada; Mosby, Lauren Rimmer, Tracy Sanders, Mark AMBER PECKIO GARRETT, Tulsa; BENJAMIN R. HILFIGER, Muskogee; Schneidewent, Kurt Stoner, Krystal Willis, ROBIN L. ROCHELLE, Lawton; KARA I. SMITH, Oklahoma City; Laura Willis & Roberta Yarbrough MICHAEL R. VANDERBURG, Ponca City; RICHARD D. WHITE JR., Tulsa; DYLAN D. ERWIN, Chairperson, OBA Young Lawyers Oklahoma Bar Association 405-416-7000 Toll Free 800-522-8065 Division, Oklahoma City FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Lawyers Helping Lawyers 800-364-7886 paid at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year. Law students registered with the OBA and Board of Bar Examiners 405-416-7075 senior members may subscribe for $30; all active members included in Oklahoma Bar Foundation 405-416-7070 dues. Single copies: $3 www.okbar.org Postmaster Send address changes to the Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 5
Meet Your Bar Association Meet 2022 OBA President Jim Hicks Executive Search, Member Outreach are Goals for Presidential Year By Dawn Shelton T HEY SAY THESE THINGS COME IN THREES. Although newly sworn in OBA President James R. “Jim” Hicks did not anticipate his leadership year would be defined by the search for a new association executive director, here he is. With John Morris Williams’ announced retirement at the end of 2022, Mr. Hicks said input will be sought from as many members as possible as part of the search process. He’s up to the challenge. Turns out he’s been in a similar position twice before. When Tulsa County Bar and led the task to procure a fair project and a two-year search pro- Association Executive Director and sound process to find her cess when Saint John’s Episcopal Sandra Cousins announced her successor. And as a senior warden Church in Tulsa sought a new retirement in 2013, Mr. Hicks was of his local church, he served for priest. For his service, he was hon- the incoming TCBA president eight years, leading a major capital ored to receive the Bishop’s Cross awarded by the Episcopal Bishop of Oklahoma. And now the search for a new OBA executive director. For such a time as this. This search for the new paid leader of the bar hits a little different. Not only will this decision help chart the next season for the Oklahoma Bar Association, but Mr. Hicks will be tasked with finding “John Morris Williams 2.0,” as he jok- ingly referred to the upcoming process. “From my view, John has done an excellent job.” They are contemporaries and friends. Executive Director Williams led the OBA Young Lawyers Division, and Mr. Hicks was chair just a few years later. “I Jim hikes at Grizzly Lake. was very involved and chair of the 6 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
Jim and Nancy attend an OU football game. Right: An early photo of Jim and Nancy’s twins, Stan and Hannah. YLD way back. Then when Nancy what you would call mental health and I were raising our twins, I or Lawyers Helping Lawyers type didn’t do a lot in those years. They of things. Our speaker’s topic was went off to college, and I got rein- about personality tests and how you volved when I had more time.” deal with people. Now that is quali- fied content, but back then, it wasn’t. A LITTLE NUDGE We took it to the board, and they As YLD chair, he remembers approved it for CLE. If it didn’t deal the group trying something a little strictly with civil procedure or rules controversial for the times in 1994. of evidence, which are important “We were having our YLD meet- skills, or traditional CLE, it would ing at Shangri-La, and we had a lot have been denied. I’m proud we of trouble getting our proposed CLE were nudging it.” approved,” Mr. Hicks said. “Back He said an emphasis on self-care then, they weren’t doing any type of and mental health for members THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 7
helps elevate the profession as much as it helps individual members. “It’s a high-stress profession, and you must have some outside interests,” he said. “If it’s running. Golf. Tennis. You’ve got to take time away. Being involved in the bar association shows you’re involved in a profession, more than just showing up at your office to do your job every day. It’s not just you. There’s a whole statewide organiza- tion trying to make us better.” The OBA is an organization Proud alumnus of Beta Theta Pi Enjoying a ski vacation with friends made up of dozens of commit- Fraternity and family. tees, from the Lawyers Helping Lawyers Assistance Program asking members to lead and serve generous and wanted to help, and to Membership Engagement, on those committees. if they didn’t, they had a good Awards, Disaster Response and “You feel bad reaching out to reason. It was never, ‘No, I’m not Relief and more. That’s a reality people and asking them to volun- interested.’ There were a few who brought home to Mr. Hicks as he teer,” he said. “Everyone, with very never called back, so I figured, spent the last few weeks of 2021 few exceptions, has been very okay, I’ve got the message!” The experience helped him focus and appreciate all the work the bar association does on the various committees. 2022 OBA President James “Jim” R. Hicks is of counsel “It’s amazing,” he said. “If at the Tulsa law firm of Barrow & Grimm PC. He practices you’re not involved, it’s easy to business and construction-related litigation in state and ignore and not focus on it.” federal courts. He met his wife, Nancy, when they were Still, Mr. Hicks recognizes that undergraduates at the University of Oklahoma, and they younger attorneys crave more out married in 1983 while Mr. Hicks was in law school at TU. of their volunteer service beyond He was chair of the OBA YLD when their twins were tod- attending meetings. dlers. Now, the twins are adults. His daughter, Hannah, He said, “They want to be and her husband, Matt, live in Tulsa with their daughters, involved in charitable legal clinics, Adrienne and Ellie; his son, Stan, lives in Chicago with his handing out coats and food, giving wife, Caitlin, and are expecting a baby girl, Mr. and Mrs. of their time. If you’re not involved Hicks’ third grandchild, in April. in a group doing that, it’s kind of ad Mr. Hicks, an involved member of the Cherokee Nation, hoc. At least we can try to coordi- was born in Blackwell, where his namesake great-grandfather nate those programs. If it works in made the Land Run of 1893. His father was a B-17 pilot Oklahoma City, you can replicate during WWII, flying missions over Germany from a base in it in Lawton or Guymon. That’s Ipswich, England. On his mother’s side, his ancestors were helpful to society at large, and it “old settlers” in Adair County and enrolled members of the makes an attorney feel good.” Cherokee Nation on the Dawes Rolls of 1906. After living in Norman, Mr. Hicks’ family moved to Denton, Texas, where THE GOOD, THE BAD he finished high school. He crossed the Red River again to AND THE UGLY pursue his undergraduate degree at OU. Mr. and Mrs. Hicks As a prelude to the search for a live in Tulsa, where they are active members of Saint John’s new executive director, a membership Episcopal Church. They love to travel and look forward to vis- survey will be sent via email soon. iting as many county bars and lawyers as possible this year. The Center for Nonprofits has been hired to craft and distribute the sur- vey to gauge members’ opinions and ideas about the OBA and its future. 8 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
Right: Jim spends time with granddaughters Adrienne and Ellie. Middle right: Jim and Nancy’s dogs, Lola and Stella. Middle: Jim and Nancy toast nearly 40 years of marriage. Middle left: Avid golfer Jim and friends admire a luxury car during a golf outing. Bottom left: Jim and friends commemorate his hole-in-one. Bottom right: Jim and his team celebrate their first-place win in a golf tournament. THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 9
even taking part in bar work. It’s a time and money saver. “I live in Tulsa. I might drive an hour and a half to Oklahoma City for a one-hour meeting and then drive home. It’s now so easy to do it by Zoom – you get the same amount of work accomplished, and it’s just like you’re across the table from each other. You can do it at your office, and I think that’s been helpful for members to become involved with committees because now they can do it maybe on their lunch hour and not devote so much time to traveling to the bar center in Oklahoma City. Before the pandemic, that didn’t happen.” VIRTUAL IS HERE TO STAY Jim attends a wine tasting in Assisi, Italy. Enjoying a trip to Cinque Terre on the For two years, the OBA has Italian Riviera offered a virtual component to the Annual Meeting: In 2020, the meeting was all virtual, and the 2021 meeting offered a mixture of programming both in person and online. Mr. Hicks says the 2022 meet- ing will have both online options and in-person networking and programming at the Oklahoma City Convention Center and Omni Hotel. Finding a way to continue the successful tradition of networking among members is important to Mr. Hicks. After all, those YLD meetings and early bar work helped fill up his Rolodex with names of valued friends who are also colleagues. Those friends are now contacts on his smartphone. And colleagues who do more than just a job but are part of a profession and members of the bar. Jim and Nancy gather with their family for a beach holiday. President Hicks will lead the OBA through a transformational “It is a big undertaking and an can take that info and help develop year dominated by the search for exciting time,” he said. “A survey of a new strategic plan. It’s especially a new executive director. He plans the membership will help us find helpful to do this after the pandemic to embrace the task and enjoy the out the good, the bad and the ugly. because life has changed so dra- experience. For such a time as this. We will be surprised by some of the matically for so many people, and stuff, but it’s good to know because the practice of law especially.” if you don’t know about issues or He added that one change the ABOUT THE AUTHOR certain thoughts, you can’t address pandemic brought on is the nor- Dawn Shelton is OBA them. That will help us focus on the malization of online tools, whether strategic communications & type of executive director we need. they be used for court hearings, marketing director. After we hire that person, he or she depositions, client meetings or 10 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
PRESIDENTIAL TRIVIA What is your most important goal during your service on the OBA Board of Governors? Guiding the organization in the selection of a new executive director given the retirement of John Morris Williams at the end of 2022. What is something you wish you knew about practicing law before you entered the profession? The amazing opportunity to meet people from all walks of life and learn about their lives, professions and employment. What’s your favorite OBA member benefit? Online resources. In a post-pandemic world, what are you most looking forward to? Traveling and eating out again. What is the biggest challenge facing the legal profession? Use of technology and 24/7 communications expectations of clients via email, cell phone and social media. What phone app could you not live without? Camera. Best way to beat stress? Getting outdoors to hike, playing golf or drinking a glass of wine. What’s the best book you’ve read this year? The Compleat Victory: Saratoga and the American Revolution by Kevin Weddle. If I weren’t a lawyer, I’d be a… Ski lift operator and whitewater rafting guide. THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 11
Meet Your Bar Association Volunteers Who Guide Your Association BRIAN T. HERMANSON is why I believe so strongly in the need for continued President-Elect emphasis on the OBA Management Assistance Ponca City Program to aid the lawyers of our state in tackling those issues as they arise. Background: Born in What is your favorite OBA member benefit? As I said Milwaukee, Wisconsin, above, I am a big fan of the Management Assistance moved to Oklahoma in Program. While in private practice, I relied on the 1975. Married Ruslyn information provided by MAP and the programs in 1981; two daughters: they presented. The ability to be able to pick up the Brianna, an illustra- phone and find out information from an expert was tor in Northampton, and is an outstanding member benefit. Massachusetts, and In a post-pandemic world, what are you most looking Charlcy, director of music for Community Christian forward to? I have not eaten out at a restaurant in Church and lives in Stillwater. He and his family over a year and a half. That, along with finally hav- raised and bred quarter horses for about 25 years ing the ability to get rid of the masks, are high on before selling the ranch in 2017. my list of things I look forward to the most. Education: B.A. in history and political science from What is the biggest challenge facing the legal Carroll College in Waukesha, Wisconsin. J.D. from profession? I believe the lack of professionalism the OU College of Law. between lawyers is my biggest concern. All law- What is your most important goal during your yers must understand that they must be truthful to service on the OBA Board of Governors? My first the court at all times. Also, some attorneys try to goal is to find an outstanding replacement for our bully their opponents to create an advantage in the retiring Executor Director John Morris Williams. He courtroom. While I believe aggressive advocacy will be hard to replace. During my year as president, is certainly appropriate, advocates need to show I plan on holding Board of Governor meetings respect to the opposing counsel and not try to throughout the state of Oklahoma. I want the attor- demean or run over them. neys of Oklahoma to have an opportunity to meet What phone app could I not live without? I probably the new executive director. I also want to allow use my Garmin app more than anything else. the Board of Governors to show bar members that Best way to beat stress? I use the television to relax at we want to meet with them, get to know them and the end of the day. It may be with television shows, want to listen to their thoughts and concerns. movies, news or sports. I find it lets me put out What is something you wish you knew about prac- of my mind the things I have been dealing with ticing law before you entered the profession? during the course of the day. Before I started practicing law, I wish I had known how important the business of practicing law is to a successful practice. When I started practicing, I was ill-prepared for the running of a small business and all the financial decisions necessary to make it successful. Learning how to properly run a law office was sometimes learned the hard way. That 12 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
MILES T. PRINGLE MICHAEL C. MORDY Vice President Immediate Past President Oklahoma City Ardmore Background: I am an Background: I was born Oklahoma City native in Tulsa and grew up and third-generation in Ardmore. My wife, attorney. I live in Christy, and I were Oklahoma City with married in Oklahoma my wife, Andrea, and City in 1978 while I was two sons, Fischer and in law school at OCU. Harrison. I played bas- We moved to Ardmore ketball and ran track in high school and continue in 1985, where we currently reside. My daughter, to be a big basketball fan – particularly the Thunder Nataly, and her husband, Michael, live in Denver and Jayhawks. After graduating from law school, I and are expecting a baby boy in April or May. My moved back to Oklahoma City to practice with the son, Chase, and his wife, Jill, live in Los Angeles firm my parents founded. Currently, I am general with their 4-year-old daughter, Liv. counsel for The Bankers Bank. Education: I graduated from OU in 1977 and the OCU Education: I earned my bachelor’s degree from the School of Law in 1980. University of Kansas, where I double majored in What is your most important goal during your political science and history. I received my J.D. from service on the OBA Board of Governors? I would the University of Missouri – Kansas City, where I like to disseminate to the membership the free was a member of the National Moot Court Team. benefits that are available to OBA members. What is your most important goal during your What’s your favorite OBA member benefit? The service on the OBA Board of Governors? membership directory. Enhancing attorneys’ prestige in our Oklahoma In a post-pandemic world, what are you most looking community and meeting as many lawyers as I can. forward to? Regular travel. What is something you wish you knew about prac- What is the biggest challenge facing the legal ticing law before you entered the profession? How profession? Discovery issues. much I would need to know about IT to do the job. What phone app could you not live without? Weather What’s your favorite OBA member benefit? app. Fellowship and the fantastic CLE programs. Best way to beat stress? Go for a jog. In a post-pandemic world, what are you most looking What’s the best book you’ve read this year? The Bible. forward to? Shaking hands and less hand sanitizer. If I weren’t a lawyer, I’d be a… Park ranger. My hands are really cracking. What is the biggest challenge facing the legal profession? Administrative burdens on small MICHAEL R. law offices. Between staying on top of technology, VANDERBURG payroll and other administrative issues, it can be Governor – District No. One difficult (and very stressful) for smaller offices to Ponca City obtain clients and actually practice the law. What phone app could you not live without? Spotify. Background: Born in Little I love a good history podcast. Rock, Arkansas, cur- Best way to beat stress? Meditation, yoga, a glass of rently residing in Ponca wine and/or a good workout. City. Seven years in What’s the best book you’ve read this year? Hero of private practice, 39 years Two Worlds: The Marquis de Lafayette in the Age of of service to local gov- Revolution by my favorite history podcaster, Mike ernments. Family: wife Duncan. This book details the inspiring life of is Linda; adult children Robert and Lauren; and the Marquis de Lafayette and his relationship to grandchildren Isaac, Cort and Ellie. multiple revolutions. Education: Bachelor’s degree in political science and If I weren’t a lawyer, I’d be a... High school basketball J.D. both from the University of Arkansas. coach and history teacher. THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 13
What is your most important goal during your service in Oklahoma and support the continued relationship on the OBA Board of Governors? Working to between legal academia, including the three law improve the OBA’s communications with county bar schools of the state, and the bar association to the associations and various municipal organizations. best of my capacity. What is something you wish you knew about prac- What is something you wish you knew about prac- ticing law before you entered the profession? ticing law before you entered the profession? I wish I knew how so much good can be accom- Traditional lawyering is litigation, but you are just plished through government service and how as much of a lawyer when you work in compliance, personal it is at the local government level. real estate and other transactional or risk manage- What’s your favorite OBA member benefit? The ment roles. Never let anyone tell you otherwise! Oklahoma Bar Journal. What’s your favorite OBA member benefit? The In a post-pandemic world, what are you most looking Oklahoma Bar Journal and the brilliant essays and forward to? Personal travel and live theater. research articles contained within have been a pri- What is the biggest challenge facing the legal profes- mary source of professional development for me, and sion? Bringing young people into the profession to I look forward to each monthly issue. I think every replace an aging and retiring group of individuals. practicing attorney should carve out some time to What phone app could you not live without? Email contribute to the journal. Seeing your name in print and messaging. on a scholarly document that benefits the profession Best way to beat stress? Taking time to play with chil- is a heartwarming reward for the work it involves. dren and dogs. In a post-pandemic world, what are you most looking What’s the best book you’ve read this year? Six forward to? I expect to travel to both France and Amendments: How and Why We Should Change the Germany. Constitution by John Paul Stevens or Caste: The What is the biggest challenge facing the legal Origins of Our Discontents by Isabel Wilkerson. profession? On the civil side, the challenges of big If I weren’t a lawyer, I’d be… (with glasses) a teacher, data, prohibitively large digital discovery files and (without glasses) a pilot. restrictive shackles of tort reform have been serious hurdles. On the criminal side, the high frequency of light-handed plea agreements has placed domestic MICHAEL J. DAVIS violence victims in danger repeatedly. Governor – District No. Two What phone app could you not live without? The Durant New York Times Crossword app. Best way to beat stress? The New York Times Background: I am from Crossword app. Durant, where I am What’s the best book you’ve read this year? Where the involved with the Durant Crawdads Sing by Delia Owens. Rotary Club and serve If I weren’t a lawyer, I’d be a… Storm chaser. on the Durant Industrial Authority Board of Trustees. I am happily S. SHEA BRACKEN married to my wife, Katy, Governor – District No. Three who is from Antlers. In my free time, I cheer for the Edmond University of Oklahoma Sooners and volunteer with nonprofit organizations. Background: I grew up Education: I am a graduate of Southeastern Oklahoma and graduated high State University, and I received my J.D. from the OU school in Stillwater. I College of Law in Norman. I also have a Ph.D. in joined the U.S. Marine criminal justice leadership from the University of Corps after high school, the Cumberlands in Williamsburg, Kentucky. which included a deploy- What is your most important goal during your ment to Fallujah, Iraq. service on the OBA Board of Governors? My goal Following deployment, has been to serve my fellow attorneys with integrity I completed my education and started practicing and diligence, prioritize systems that protect the law. I work with Maples, Nix & Diesselhorst and professionalism and esteem of the legal profession primarily practice catastrophic injury and medical 14 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
negligence cases. I have an amazing wife, Lindsay, knowledge to members in my district and across and two wonderful daughters, Makenna and Teagan. the state. Education: B.A. from OSU in 2008; J.D. from the OCU What is something you wish you knew about prac- School of Law in 2011. ticing law before you entered the profession? Not What is your most important goal during your able to easily take time off. service on the OBA Board of Governors? To get What’s your favorite OBA member benefit? The OBA members more involved with the OBA, especially forums for discussion of various topical issues and us young lawyers and millennials. questions. What is something you wish you knew about prac- In a post-pandemic world, what are you most looking ticing law before you entered the profession? forward to? Traveling and the reduction in back- Every single family member, friend and distant ordered items. relative would need “legal advice” on a daily basis. What is the biggest challenge facing the legal What’s your favorite OBA member benefit? The won- profession? The loss of civility. derful events and networking. What phone app could you not live without? Email In a post-pandemic world, what are you most looking and calendar. forward to? Being around people and traveling, Best way to beat stress? Woodworking and spending especially OSU and Thunder games. time with family and friends. What is the biggest challenge facing the legal If I weren’t a lawyer, I’d be a… Professional traveler. profession? Dealing with bad internet connections during Zoom depositions and hearings. What phone app could you not live without? ESPN ALLYSON E. DOW and Bleacher Report. Governor – District No. Five Best way to beat stress? Turn off the Oklahoma State Norman game, go for a run and listen to relaxing music. What’s the best book you’ve read this year? A True Background: I am from History of the United States by Daniel Sjursen. Tulsa. I graduated high If I weren’t a lawyer, I’d be a… Guest Host on TV school from Metro shows like Booze Traveler – travel the world and Christian Academy and try different craft beers. attended college at the University of Oklahoma. I graduated with a bach- DUSTIN E. CONNER elor’s degree in account- Governor – District No. Four ing as well as human resource management in May Enid 2007. Then, I moved to Texas to work as an internal auditor and accountant for two different firms. I Background: I was born and began law school at the OU College of Law and raised in Garfield County. graduated in May 2012. Since then, I have practiced I attended Garber schools, primarily in family law and have a firm with my graduating in 2002. After brother, Shane Henry. I am married to Mick Dow, law school, I came back to and we have two little boys, Max and Beau. We Garfield County to serve currently live in Norman. the community and have Education: B.A. in accounting and human resource been with Gungoll Jackson management from OU; J.D. from the OU College of Law. Box & Devoll since graduating from law school. I have What is your most important goal during your two daughters, Averly and Emerie, and a son, Charlie. service on the OBA Board of Governors? I hope to I enjoy working with community groups, attending reach more members of the bar and the local com- Oklahoma State athletic events and spending time munity to bring assistance to any areas needed. chasing my kids to school and athletic events. What is something you wish you knew about prac- Education: B.S. from OSU in 2006; and a J.D. from the ticing law before you entered the profession? Time OCU School of Law in 2011. management is crucial. Work can take over your life What is your most important goal during your if you allow it to do so. I believe in the saying, work service on the OBA Board of Governors? Learn all to live rather than live to work. of what the association has to offer and spread that THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 15
What’s your favorite OBA member benefit? The com- What phone app could you not live without? Google munity. I have met wonderful friends and mentors Maps. through the OBA, and I would not have had the Best way to beat stress? Maintain a balanced lifestyle opportunity to connect with them without the OBA. that sets aside sufficient time for family, hobbies In a post-pandemic world, what are you most looking and other interests. forward to? I am most looking forward to seeing What’s the best book you’ve read this year? The Last how people, communities and the world define the Lion, a biography of Winston Churchill by William “new normal.” Manchester and Paul Reid. What is the biggest challenge facing the legal If I weren’t a lawyer, I’d be a… College professor. profession? I truly believe the work-life balance is such a struggle for a lot of attorneys. Work is won- derful, and it is a way we can truly help the com- BENJAMIN R. HILFIGER munity, but our own mental health and personal Governor – District No. Seven boundaries are also very important. It is difficult Muskogee to prioritize our time. What phone app could you not live without? Venmo. Background: I was born Best way to beat stress? Having a consistent relation- in Muskogee, where I ship with the Lord, exercise and scheduled time off. graduated from high What’s the best book you’ve read this year? The Judge’s school. I met my wife, List by John Grisham. Amber, at a singles din- If I weren’t a lawyer, I’d be an… Accountant. Boring, ner on Valentine’s Day I know. in Austin, Texas. Three months later, we were engaged. We have three kids and a dog, and we spend RICHARD D. WHITE JR. most of our free time at our family cabin on the Baron Governor – District No. Six Fork River. I work in private practice with my father, Tulsa Roger Hilfiger, and Jay Cook. I practice in criminal and family law, and I am also a certified mediator. Background: I’m from Education: J.D. from Loyola University New Orleans Long Beach, California, College of Law; M.S. in energy legal studies from OCU and I currently reside in and BI.S. in multi-disciplinary studies, commerce Broken Bow. I’m married theory with a minor in communications from OU. and have five children What is your most important goal during your and 10 grandchildren. service on the OBA Board of Governors? To repre- Education: Bachelor’s degree sent my district as best as I can. in criminal justice from What is something you wish you knew about prac- California State University Long Beach; J.D. from ticing law before you entered the profession? How the TU College of Law. fun it is to be in the courtroom. What is your most important goal during your What’s your favorite OBA member benefit? Fastcase! service on the OBA Board of Governors? To pro- Free legal research!!! vide leadership in participation in the governance In a post-pandemic world, what are you most looking of our bar association during a time of change in forward to? Taking my family on vacations and our profession and our professional associations. social interaction in large groups. What is something you wish you knew about prac- What is the biggest challenge facing the legal ticing law before you entered the profession? The profession? Adapting to technology. time demands to properly prepare a case for trial. What phone app could you not live without? They make it look so easy on television. Professionally, Clio. What’s your favorite OBA member benefit? Continuing Best way to beat stress? Walking around my neighbor- legal education offerings. hood with my wife and kids. In a post-pandemic world, what are you most looking What’s the best book you’ve read this year? Lonesome forward to? Getting rid of masks. Dove or Beneath a Scarlett Sky. What is the biggest challenge facing the legal If I weren’t a lawyer, I’d be a… Professional student. profession? Inadequate judicial resources. Justice delayed is often justice denied. 16 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
JOSHUA A. EDWARDS ROBIN L. ROCHELLE Governor – District No. Eight Governor – District No. Nine Ada Lawton Background: I was raised Background: Native of by my parents, Mark and Lawton and married Shelia Edwards, in the with three adult kids. small town of Weleetka Education: Bachelor’s (go Outlaws!). I went to degree in accounting OU for college, where I from OU and J.D. from met my wonderful wife, the University of San Amanda. I stayed at OU Diego School of Law. for law school, then moved to Ada to begin my career What is your most important goal during your as an attorney in private practice. The bulk of my service on the OBA Board of Governors? Bringing practice is family law and criminal defense, and my local concerns of the bar to the board. wife works as a special education teacher in Davis What is something you wish you knew about prac- Education: I graduated from OU with a B.A. in sociology- ticing law before you entered the profession? criminology in 2007 and received my J.D. from the The great camaraderie of our bar and attorneys OU College of Law in 2010. in Oklahoma. What is your most important goal during your What’s your favorite OBA member benefit? CLE. service on the OBA Board of Governors? I would In a post-pandemic world, what are you most looking like to increase our community’s knowledge of the forward to? Getting back to traveling. services that attorneys provide. What is the biggest challenge facing the legal What is something you wish you knew about prac- profession? Burnout. ticing law before you entered the profession? That, What phone app could you not live without? Google for the most part, other lawyers are very helpful with Calendar. advice and responsive to questions from new law- Best way to beat stress? My dogs Boo, Belini and yers. In other words, to not be afraid to ask for help. Paisley. What’s your favorite OBA member benefit? I appre- What’s the best book you’ve read this year? The ciate the ability to call the OBA Ethics Counsel for Whistler by John Grisham. advice when dealing with unusual situations. If I weren’t a lawyer, I’d be a… Teacher. In a post-pandemic world, what are you most looking forward to? I am looking forward to traveling with- out restrictions or COVID tests. ANGELA AILLES BAHM What is the biggest challenge facing the legal Governor – At Large profession? Protecting the community from Oklahoma City non-lawyer “legal” advice and informing the public of the need to seek quality legal representation. Background: I was born What phone app could you not live without? Google in Berlin, Germany, and Maps. was raised in an Air Best way to beat stress? Being creative in the kitchen. Force family. Altus is What’s the best book you’ve read this year? The Book my “hometown.” My Thief by Markus Zusak. husband, Mark, has a If I weren’t a lawyer, I’d be a… Barbecue-circuit public accounting firm. champion! Our daughter, Isabella, is about to graduate from the Savannah College of Art and Design. Education: Undergrad at OU with B.A. in economics and BAC in accounting. Law school also at OU. What is your most important goal during your service on the OBA Board of Governors? To learn, to educate and to represent. And to hire a first-rate executive director (big shoes to fill!). THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 17
What is something you wish you knew about prac- Best way to beat stress? I haven’t found one yet, but ticing law before you entered the profession? Not I’m using the Lawyers Helping Lawyers Assistance to make lawyer jokes. Program to find out. What’s your favorite OBA member benefit? The What’s the best book you’ve read this year? I don’t Legislative Monitoring Committee’s information think I have gotten to finish one yet. and free CLEs. If I weren’t a lawyer, I’d be an… Art gallery owner. What is the biggest challenge facing the legal profession? Lack of confidence due to politics in the judiciary. KARA I. SMITH What phone app could you not live without? My Governor – At Large contacts list – and yes, Candy Crush. Oklahoma City Best way to beat stress? Talking to my hubby. What’s the best book you’ve read this year? Killers of Background: I was born the Flower Moon. in Oklahoma City but If I weren’t a lawyer, I’d be a… Teacher. moved to Newalla at an early age and attended and graduated from AMBER PECKIO GARRETT McLoud Public Schools. Governor – At Large Following a brief stint in Tulsa private practice, I contin- ued my legal career as a public servant, as gen- Background: My hometown eral counsel to the Oklahoma Office of Personnel is McAlester, but I moved Management, chief assistant attorney general and twice a school year from chief of the Civil Rights Unit at the Oklahoma the third grade until Attorney General’s Office and now as general coun- the seventh grade. Then sel with the Oklahoma Health Care Authority. I am I went to high school also an adjunct professor of law at the OCU School in Savanna (south of of Law. I have two grown children, Marcel (grand- McAlester), where I grad- kids Jordan and Allayna) and Kameron (who is a uated. I have lived in Tulsa for the last 20 years. junior at OSU), and two fur babies, Mojo and Travis. Education: I graduated from Southeastern Oklahoma Education: I received my B.A. in political science with State University (alma mater of Reba McEntire and a minor in legal studies (Price College of Business) North Korean Ambassador Dennis Rodman) in from OU in 1999 and my J.D. from the OCU School 2000 with dual bachelor’s degrees in economics and of Law in 2002. political science. I received my J.D. in 2003 from the What is your most important goal during your TU College of Law and a mini-MBA from TU in 2007. service on the OBA Board of Governors? To What is your most important goal during your honor my duties as a member of the OBA Board service on the OBA Board of Governors? To serve of Governors and contribute to the efficient and an organization that has given so much to me. diligent governance of this most esteemed organi- What is something you wish you knew about practic- zation. I strive to best represent the members of this ing law before you entered the profession? How to wonderful organization. set boundaries and thereby preserve space for me to What is something you wish you knew about prac- just be. ticing law before you entered the profession? I am a What’s your favorite OBA member benefit? Fastcase first-generation lawyer in my family, and I wish I had and discounts on so many different legal services a better understanding of the legal community and the like Ruby. profession before entering it. Do not get me wrong, I In a post-pandemic world, what are you most looking have had some wonderful mentors and colleagues who forward to? Solo and Small Firm Conferences, like have really helped shape my experiences and career the next one at the Choctaw Casino and Resort in paths, and to experience things within this great pro- Durant. fession on your own is something we all have to navi- What is the biggest challenge facing the legal gate. What I am saying is, there are certain aspects of it profession? Upholding the rule of law. that if I had better knowledge would have had a more What phone app could you not live without? Twitter. meaningful impact on my life in this legal profession. 18 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
What’s your favorite OBA member benefit? I would literature and a minor in classical cultures. A few have to say the ability to be connected to lawyers months after graduating college, I began my legal from all over the state through bar service, whether it studies at the OU College of Law. I obtained my J.D. be volunteering for OBA programs or being involved in 2014. with sections and committees. I have met lawyers What is your most important goal during your who I have gotten to know better, like Charles service on the OBA Board of Governors? My main Chesnut, who I would have probably not met if not goal, and the idea that will flavor all my decisions, for my involvement with the OBA and OBF. is inclusion. I want the OBA to be for everyone, and In a post-pandemic world, what are you most looking I want everyone to feel welcome in the OBA. forward to? Normalcy, unrestricted vacationing What is something you wish you knew about prac- (I am oh so missing the beach), no mask, a better ticing law before you entered the profession? appreciation in our society for each other regardless Being right and being clever can rarely co-exist of our diverse cultures and backgrounds. peacefully in the same oral argument. What is the biggest challenge facing the legal What’s your favorite OBA member benefit? I’m a very profession? Diversity and attracting and retaining big fan of the Lawyers Helping Lawyers Assistance talent. Program. A lot of people don’t realize that as OBA What phone app could you not live without? Text members, we have access to up to six hours of free, messaging app. short-term, problem-focused or crisis counseling. Best way to beat stress? Find time to enjoy life and It’s so comforting to know we aren’t alone, and unwind. The pandemic has put some restrictions on there’s always help if we need it. this, but my advice is to find new ways to relax that In a post-pandemic world, what are you most looking may be right in your own backyard. For me, during forward to? I’m excited to travel again. Leslie and I the height of the pandemic, I focused on projects in had tickets to go to Italy and Scotland in September my backyard and enhanced my backyard space. 2020, but the world had other plans. Instead, we ate What’s the best book you’ve read this year? The best pizza and watched Outlander. Same thing, right? has to be reading various books of the Bible, then What is the biggest challenge facing the legal next, I would have to say reading A Promised Land profession? Perception. Both our perception of by the 44th President Barack Obama. ourselves and the country’s perception of us. As If I weren’t a lawyer, I’d be a… Veterinarian. they say, there’s a reason there are a lot more lawyer jokes than doctor jokes. What phone app could you not live without? My DYLAN D. ERWIN “Podcasts” app keeps me sane and helped me Governor – YLD Chair through 2020. Oklahoma City Best way to beat stress? Physical activity has always been one of the only things that can truly help me Background: I was born beat stress. My wife and I joke that the better shape and raised in Lawton. My I’m in, the more stressed I am. family has been in south- What’s the best book you’ve read this year? As hum- west Oklahoma since the drum as it sounds, the best book I read in 2021 was land lottery, and I have Les Misérables by Victor Hugo. I tackled a chapter a the privilege of calling day for Lent, and it completely changed my outlook myself a fifth-generation on life, faith and sacrifice – truly no hyperbole here. Oklahoman. Growing If I weren’t a lawyer, I’d be a… College literature pro- up, my dad practiced at a small firm in Lawton; so I fessor. I distinctly remember standing in my back- spent my young life being slowly marinated in the yard senior year of college on the phone with my profession that would ultimately be my own. I cur- dad, trying to determine if I wanted to register for rently live in Oklahoma City with my wife, Leslie, the LSAT or the GRE. Spoiler: I chose the LSAT. who is also an attorney, and our daughter, Eloise, who is not an attorney but, rather, a newborn. In my free time, I enjoy writing and reading fiction. Education: After graduating from Lawton High School in 2007, I attended the University of Oklahoma and graduated in 2011 with a bachelor’s degree in English THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 19
Meet Your Bar Association OBA Departments and Services S ERVING MEMBERS IS THE MOST IMPORTANT PRIORITY of the Oklahoma Bar Association, and staff are responsible for ensuring member services are expertly delivered. Staff not only maintain daily business operations of the bar center, but also support leadership’s projects and initiatives to continue to improve your association. OFFICE OF THE EXECUTIVE DIRECTOR Phone: 405-416-7014 OBA Bylaws, Article IV, Section 4: (a) The Executive Director shall keep the roster of the members of the Association and of the House of Delegates entitled to vote therein. He or she shall record and be the custodian of the minutes, journal and records of the Association and of the House of Delegates and of the Board of Governors. (b) The Executive Director shall act as Treasurer, and be the custodian of the funds of the Association. No funds shall be withdrawn except in the manner approved by the Board of Governors. (1) The expenditures of the Association Executive Director John Executive Assistant Alisha shall be in accordance with the Morris Williams Davidson provisions of the Rules Creating and Controlling the Oklahoma Bar Association as promulgated by the Rules Creating and Controlling the OBA, Article VI, Oklahoma Supreme Court. Section 4: (2) The Executive Director shall maintain The Executive Director shall perform such at all times a fidelity bond executed duties and services as may be required by by a surety company as surety, the these Rules or the Bylaws and as may be amount thereof and the surety to be directed by the Board of Governors or the approved by the Board of Governors. President of the Association. He shall also keep (c) He shall supervise the office of the Association a complete and accurate list of the members of and its personnel and shall see that the work of the Association; notify delinquent members the Association is properly performed. He or and certify the names of delinquent members she shall also perform such other duties as the to the Supreme Court as required by these House of Delegates, the Board of Governors or Rules; certify to the Supreme Court records the President of the Association may direct. and other matters as provided by these rules. 22 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
(Back row) Director Craig Combs, Durrel Lattimore; (front row) Roberta Yarbrough, Debra Jenkins, Tracy Sanders Director Lori Rasmussen, Kiel Kondrick, Lauren Rimmer and and Suzi Hendrix Dawn Shelton ADMINISTRATION AND COMMUNICATIONS & MARKETING DEPARTMENT MEMBERSHIP DEPARTMENTS The department has responsibility for member com- Administration Department Phone: 405-416-7000 munications and public relations, including: Membership Department Phone: 405-416-7080 Publishing the Oklahoma Bar Journal, including Membership Department Email: membership@okbar.org working with the Board of Editors, editing and proofreading articles, managing advertisements, The responsibilities of the Administration and graphic design support, as well as copywriting Membership departments are multifaceted, including: and editing information for news stories and the Maintaining and updating the member roster FYI and Bench & Bar Briefs sections Invoicing for senior and nonmember Oklahoma Publishing the electronic Courts & More and Bar Journal subscriptions eNews newsletters Processing requests for certificates of good standing Managing and monitoring social media Assisting committees and sections with Issuing news releases and expediting information member communications requests from the news media Maintaining reports for all committees and sections Updating and maintaining website information Scheduling meetings, both at the bar center for www.okbar.org and other OBA websites and via video or phone conference Publicizing the Annual Meeting including Planning and coordinating the Annual Meeting designing the Annual Meeting logo and website Managing the Legal Intern Program and creating content for special programs like Finances and human resources in memoriam and awards announcements Maintaining bar center facilities Working with sections to publish short articles related to sections’ focus Working with the Law Day Committee to con- duct statewide student contests, support county Law Day chairpersons, coordinate and promote the statewide Ask A Lawyer day of free legal advice, produce the Ask A Lawyer TV program and implement public marketing strategies THE OKLAHOMA BAR JOURNAL JANUARY 2022 | 23
Assisting the Member Engagement Committee Producing MYOBACLE digital catalog of in its projects, including publication and promo- programs tion of 15 legal-topic brochures Providing online CLE registration and access Assisting additional entities, including Awards to materials through MyOKBar and timely and Diversity committees and the Young application of attendance MCLE credit for Lawyers Division OBA/CLE programs Sharing information with members regarding COVID-19 including court closures and executive OFFICE OF THE ETHICS COUNSEL orders Phone: 405-416-7055 Publicizing programs for the OBA CLE Email: ethics@okbar.org Department and communicating information for MCLE The Office of the Ethics Communicating with OBA members about Counsel was created members services, programs and events to assist members with Surveying OBA members to gauge their conflict dilemmas, confi- communication needs dentiality questions, com- munication concerns and CONTINUING LEGAL EDUCATION DEPARTMENT other ethical inquiries Phone: 405-416-7029 unique to the profession. Email: clestaff@okbar.org Through the Office of the Ethics Counsel, mem- The CLE Department is the state’s leading continuing bers can obtain informal legal education provider. The staff works to provide rele- guidance and advisory vant programs to meet members’ needs. To suggest pro- interpretations of the grams, contact Director of Educational Programs Janet Ethics Counsel Richard Stevens Rules of Professional Johnson at 405-416-7028. Department services include: Conduct. The Office of Developing and producing in-person seminars the Ethics Counsel is autonomous from and indepen- and live webcasts as well as online, on-demand dent of the Office of the General Counsel. Members programs and audio seminars seeking assistance with ethical questions are afforded Offering recent seminar materials in print or an attorney-client relationship with the full expectation electronic format of confidentiality. Responsibilities include: Coordinating seminars and conferences with Answering ethics questions from members sections and committees for cosponsored Researching and writing ethics materials for the events and administrative and webcast website, seminars and the Oklahoma Bar Journal, services for noncosponsored events as well as presenting OBA/CLE programs on Planning and coordinating the OBA the topics of ethics and professionalism Leadership Academy Acting as a liaison to the Bench and Bar, Professionalism and Lawyers Helping Lawyers Assistance Program committees and the Legal Ethics Advisory Panel Monitoring the Diversion Program and teaching related classes OFFICE OF THE GENERAL COUNSEL Phone: 405-416-7007 The Office of the General Counsel is charged with the responsibility of: Reviewing and investigating allegations of lawyer misconduct or incapacity Reviewing and investigating allegations of the unauthorized practice of law Renee Montgomery, Gary Berger, Director Janet Johnson and Prosecuting violations of the Oklahoma Rules Mark Schneidewent of Professional Conduct 24 | JANUARY 2022 THE OKLAHOMA BAR JOURNAL
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