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Tulsa County Bar Association1446 S. Boston Ave.Tulsa, OK 74119

The Official Publication for the Tulsa County Bar Association, Inc.

Tulsa Lawyer Magazine

Building Our Future July 2015

1July 2015

DIVIDE ET IMPERA —

For those of you who may have forgottenyour high school Latin (or were smartenough to take a “living” language likeSpanish or French), this phrase means“DIVIDE AND RULE.” I retain onlysmatterings of Latin I and II that I enduredin high school (although I still rememberLatin II as the only “B” on my transcript,not that it bothered me…), so when Icame across the phrase in The FederalistPapers, Number 7, I had to look it up.

Recognizing that you may not be, as I amnot, a Constitution nerd, I will pass alongthe information that the author(s) of TheFederalist Papers was Publius, the nomde plume of Alexander Hamilton, JamesMadison and John Jay. Beginning in 1787,Publius wrote a series of 85 essays insupport of adoption of the proposedUnited States Constitution. In the instanceof Number 7 of The Federalist Papers,Publius was Alexander Hamilton. Number7 is an essay setting forth Hamilton’s

arguments in support of adoption of theConstitution by the State of New York onthe grounds that a Union of States wouldbe less contentious and vulnerable thanindividual States. Hamilton positedpossible disputes between the Statesregarding: (i) territories, such as thethen unallocated and undevelopedterritories; (ii) competition in commerce;(iii) discriminatory regulations andmonetary impositions; (iv) allocation ofpublic debt incurred in common causes;(v) laws in violation of private contracts;and (vi) conflicting alliances by therespective States with foreign nations. Itwas in the context of Hamilton’sdiscussion of conflicting alliances withforeign nations that he used the Latinphrase, stating that “Divide et Imperamust be the motto of every nation thateither hates or fears us.” Hamilton waspointing out that, for enemies of ourCountry, creating divisions in the unity ofthese United States is the surest pathtoward defeating and conquering thewonderful experiment that our form offederal government represents.

Since I have freely admitted that I am nota Constitution nerd, you might wonderwhy I would be reading The FederalistPapers. In anticipation of the upcomingnational holiday of July 4th, I have beentrying to remember from my childhoodall of the ways that my parents andhometown of Skiatook used to try tomake it a special patriotic event. (Have Imentioned how thoroughly I enjoy havinggrandchildren?) Certainly the parades,fireworks displays and cookouts are partof those memories, but I also recall timesthat Abraham Lincoln’s “house divided”speech was quoted, both in school and aspart of the speeches given at the end of

some of the public celebrations. It seemsto me that in grade school I was requiredto memorize and recite this portion of thespeech: “A house divided against itselfcannot stand. I believe this governmentcannot endure, permanently, half slaveand half free. I do not expect the Union tobe dissolved — I do not expect the houseto fall — but I do expect it will cease tobe divided. It will become all one thing orall the other. Either the opponents ofslavery will arrest the further spread of it,and place it where the public mind shallrest in the belief that it is in the course ofultimate extinction; or its advocates willpush it forward, till it shall become alikelawful in all the States, old as well as new— North as well as South.”

Growing up in the 1950’s and 1960’s in asmall community where the onlyminorities were native Americans, I wasfairly untouched by the issues ofsegregation and integration of publicschools, but the national debate was somuch a part of the fabric of the countrythat even in Skiatook it was a topic ofdiscussion. While I recall the exercise ofmemorization and recitation, I do notrecall any of my teachers or the localpoliticians making the connectionbetween Lincoln’s speech and Jesus’parables recorded in the Bible in Matthew12, Mark 3 and Luke 11: “If a kingdom isdivided against itself, that kingdom cannotstand. If a house if divided against itself,that house cannot stand.” It was whileresearching the origin of Lincoln’sreference in his speech that I came acrossthe reference to The Federalist Papers,which led to further reading, and thesethoughts I share with you.

continued on page 2

A Message From the PresidentD. Kenyon (“Ken”) Williams, Jr.

From my perspective, the United Stateshas avoided the weakness of “becoming akingdom divided” through certainunifying social compacts. The UnitedStates Constitution is one of those unifyingcompacts. The proposed United StatesConstitution was considered by theAmerican people only 4 years after the13 colonies won their freedom fromBritish rule. The Federalist Papers werepenned and published only 11 years afterthe Declaration of Independence. TheDeclaration, with its passionate andelegant language, is another unifyingcompact that has protected our Republicfrom division:

“We hold these truths to be self-evident,that all men are created equal, that theyare endowed by their Creator with certainunalienable Rights, that among these areLife, Liberty and the pursuit of Happiness.That to secure these rights, Governmentsare instituted among Men, deriving theirjust powers from the consent of thegoverned. That whenever any Form ofGovernment becomes destructive of theseends, it is the Right of the People to alteror abolish it; and to institute newGovernment, laying its foundation on suchprinciples and organizing its powers insuch form, as to them shall seem mostlikely to effect their Safety andHappiness.”

Although not often a topic of discussion(in my education), the Declaration ofIndependence was a “new thing under thesun!” As John Quincy Adams (thenSecretary of State but later the 6thPresident of the United States) declared inhis July 4, 1821 speech to the UnitedStates House of Representatives:

“The Declaration of Independence …was a solemn exposition to the world, ofthe causes which had compelled thepeople of a small portion of the Britishempire, to cast off the allegiance and

renounce the protection of the Britishking; and to dissolve their connexion withthe British people. In the annals of thehuman race, the separation of one peopleinto two, is an event of no uncommonoccurrence.”

Adams went on to describe theDeclaration of Independence as “… thefirst solemn declaration by a nation of theonly legitimate foundation of civilgovernment. … It demolished at a strokethe lawfulness of all governments foundedupon conquest. It swept away all therubbish of accumulated centuries ofservitude. It announced in practical formto the world the transcendent truth of theunalienable sovereignty of the people. Itproved that the social compact was notfigment of the imagination; but a real,solid, and sacred bond of the socialunion. From the day of this declaration,the people of North America were nolonger the fragment of a distant empire,imploring justice and mercy from aninexorable master in anotherhemisphere. … They were a nation,asserting as of right, and maintaining bywar, its own existence. A nation was bornin a day.”

After reading the entire text of theDeclaration of Independence to the Houseof Representatives, Adams went on to say:“… and here are we, fellow-citizens,assembled in the full enjoyment of itsfruits, to bless the Author of our being forthe bounties of His providence, in castingour lot in this favored land; to rememberwith effusions of gratitude the sages whoput forth, and the heroes who bled for theestablishment of this Declaration; and bythe communion of soul in the reperusaland hearing of this instrument, to renewthe genuine Holy Alliance of its principles,to recognize them as eternal truths, and topledge ourselves and bind our posterityto a faithful and undeviating adherenceto them.”

Another unifying compact that comes tomind is the Pledge of Allegiance, which

we have recited since childhood --possibly so many times that the trueimport of the words and our “pledge” nolonger impacts us. “I pledge allegianceto 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.” Witheach recitation, we are renewing ourpromise of allegiance to our republic asan indivisible nation that strives to provideliberty and justice for all of the nation’scitizens. “Weighty” promises, both by usand by our nation!

In The Federalist Papers, Number 51,Publius (James Madison) argued for theimportance of balance of powers in thefederal government. One portion of theessay in particular captures my attention:“In a free government the security for civilrights must be the same as that forreligious rights. … Justice is the end(purpose) of government. It is the end(purpose) of civil society. It ever hasbeen and ever will be pursued until itbe obtained, or until liberty be lost inthe pursuit.” (Emphasis and clarificationare mine.)

My hope is that each of you, my brothersand sisters in our noble profession, willtake pride in the knowledge that our rolein protecting civil rights, liberty andjustice for all is at the core of the foundingprinciples of our Republic. What you domatters and is important - not just to yourclients but to our Republic.

Best wishes for a safe and patriotic 4th ofJuly celebration of the unifying principlesand compacts that bind us together as apeople and country. Thank you for yourservice!

D. Kenyon (“Ken”) Williams, Jr.TCBA President 2014 - 2015

2 July 2015

Presidents letter continued

3July 2015

4 July 2015

5July 2015

Energy & Mineral Law SectionAwards Scholarship

The Energy and Mineral Law Section of the Tulsa County Bar Association recently awarded its annual scholarship to HelenSgarlata, who just completed her second year at Tulsa University’s School of Law. Ms. Sgarlata has taken a number of energy-related courses in law school and her Comment on Production Tax Incentives for Renewable Energy was published in this year’sTU 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’sEnergy and Mineral Law Section scholarshiprecipient, Paige Miller, and Energy and MineralLaw Section Executive Committee member,Kim Wendell

Submitted by Anita Anthony

6 July 2015

Essays on Professionalism is a project of the Tulsa CountyBar Association. Essays is a compilation of articles on topics ofprofessionalism which encourage lawyers to emphasize theimportance of acting professionally in their practices and in theirlives. Most of the articles first appeared in Tulsa Lawyer.

The cover of Essays consists of an image of the bronze frontdoors of the United States Supreme Court. Each of the doors iscomprised of four panels depicting major events in the WesternCivilization evolution of the Rule of Law as we know it today in theUnited States. Three of the eight events depicted involve thepublication of the Corpus Juris by Roman Emperor Justinian inthe sixth century, the adoption of the Magna Carta by the King ofEngland in 1215 and the seminal Supreme Court decision inMarbury v. Madison in 1803. We are celebrating the 800anniversary of the signing of the Magna Carta this year. Theimportance of an independent judiciary is a key message of thesepanels. These eight events could not have happened without thescholarship and advocacy of early representatives of the legalprofession. The emphasis is the resolution of disputes throughnegotiation and litigation rather than through force, violence orwar. Resolving conflicts without violence requires collegiality,professionalism and mutual respect. The golden color of thedoors implies that the Golden Rule is an essential quality in thepreservation of the Rule of Law.

Some of the qualities of professionalism include:

Character: Embracing the qualities of honesty, integrity,responsibility, fairness, trust, honor, virtue and a fundamentalmoral code.

Competence: Knowing the law and applying the law to the factswith experience and knowledge.

Compliance: Complying with the law, the rules which governthe legal profession and the standards of professionalism.

Courage: Doing what is right, even against professional andpersonal opposition.

Civility: Exercising respect, common courtesy and fairness toall persons.

Citizenship: Serving the public interest by donating time, energyand effort to further the Rule of Law.

These six characteristics embody the definition ofprofessionalism adopted in April, 2015 by the Tulsa County BarAssociation as follows:

“Professionalism for judges and lawyers meanspossessing, demonstrating and promoting the highestlevels of Character, Competence, Compliance, CourageCivility and Citizenship.”

On behalf of the entire Tulsa County Bar Association, PresidentKen Williams presented a copy of Essays to each new graduate ofthe University of Tulsa School of Law upon their graduation.President Williams encouraged all new lawyers to act withprofessionalism throughout their careers and to become active inthe organized bar association. Copies of Essays on Professionalism can be purchased

from the Tulsa County Bar Association.

Essays on Professionalism

7July 2015

8 July 2015

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9July 2015

OKLAHOMA CITY, Okla. (May 14, 2015) – Special Olympics Oklahoma hasnamed Hall Estill Labor and Employment Attorney Elaine R. Turner the 2015Volunteer of the Year. Turner has organized Capitol Area Special Olympic eventssince 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 allinto 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 StephaniePalmgren, a friend who nominated Turner for the award. “Elaine has workedtirelessly to organize every single Capitol Area event for the past 19 years, and sheis 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 istremendously rewarding. Witnessing the excitement and huge effort put forth byeach athlete to do his or her best is all the inspiration I need to return event afterevent, 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 Olympicsathletes and the community. The goal of Special Olympics is for all persons with intellectual disabilities to have the opportunity tobecome useful and productive citizens who are accepted and respected by their families, friends and in their communities.

10 July 2015

There is much debate and no consensus about what constitutes“professionalism” or even what characteristics are to be found inthe “professional” lawyer. In 2006, the Oklahoma Bar Association adopted the following

definition:

“Professionalism for lawyers and judges requireshonestly, integrity, competence, civility andpublic service.”

All would agree that these characteristics are required for alawyer to be viewed as “professional,” but many would argue thatmore is required.In April, 2015 the Tulsa County Bar Association adopted the

following definition:

“Professionalism for judges and lawyers meanspossessing, demonstrating and promoting thehighest levels of Character, Competence,Compliance, Courage, Civility and Citizenship.”

Professionalism requires that lawyers not only personally andactively demonstrate the characteristics of professionalism but alsothat they encourage and promote those concepts in others.Professionalism is not a passive concept, and professionalism isnot simply hollow high-minded phrases which never see the lightof day in daily practice. Professionalism requires active andintentional conduct. The professional lawyer is a person of high moral character. The

professional lawyer is honest, trustworthy, dependable andresponsible. The professional lawyer demonstrates a commitmentto high moral standards and both mutual respect and fairnessto all. The professional lawyer is competent. The competent lawyer

knows the facts and the law and uses good judgment andexperience to further the client’s position. Competence requiresthe lawyer to listen carefully to the client, to be responsive andresponsible to the client and to pursue the client’s goals andobjectives with diligence, reason and good faith. The competentlawyer returns phone calls daily, responds to emails promptly andcopies the client with all papers sent and received.The professional lawyer complies with both procedural and

substantive laws, rules and regulations; observes the Rulesof Professional Conduct and follows the Standards ofProfessionalism. The professional lawyer does not seek an unfair

advantage by playing games in discovery or by filing motions out oftime or under circumstances where the opponent does not have afair opportunity to respond. The professional lawyer plays by therules and plays fairly. The professional lawyer demonstrates courage by doing what is

right, even if doing so is highly unpopular or runs counter to longheld community standards. Sometimes the professional lawyer isrequired to challenge laws or rules in order to seek justice. Oftenthe professional lawyer takes positions that expose the lawyer andthe lawyer’s family to great personal risk.

The professional lawyer is civil. The professional lawyerdemonstrates respect, courtesy and collegiality to the clients, theopponents, the opposing counsel and the courts and their staffs.Civility often dampens emotions and reduces the friction betweenthe parties, so that reason and mutually agreed solutions can beachieved. Acting with civility facilitates problem-solving anddispute resolutions. The professional lawyer is a good citizen who volunteers time

and effort to improve the community and to insure equal justicefor all. Good citizenship means that the professional lawyer takesa leadership role in not-for-profit, community and faith-basedorganizations. The professional lawyer often sacrifices morelucrative positions to stand for election as a judge or as arepresentative of the people. Whether a public servant or a privatecitizen, the professional lawyer is a citizen with a special role inpreserving 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 inextreme behavior, believing that their arrogance, attitude andconduct is justified by a distorted view of the duty of zealousrepresentation to their clients. They usually demonstrate some ofthe following characteristics:

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.

11July 2015

They disregard procedural rules, delay responses and filedocuments out of time.

They misrepresent the facts, mischaracterize the record ormisquote the law.

They use false, reckless or misleading statements.

They omit important facts, spin the truth, exaggerate some factsand 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.

Lawyers who resort to unprofessional tactics usually hurt theirclients, cause unnecessary expense, delay the resolution of theproblem and destroy any chance of having a good name orreputation. “A good name is more desirable than great riches; tobe esteemed is better than silver or gold.” Proverbs 22:1 (NIV).There is simply no place in our profession for those that abuse orgame the system by resorting to the attitudes and characteristics ofthe unprofessional lawyer described above.The legal profession needs men and women who demonstrate

high moral character, competence, compliance, courage, civilityand citizenship. These lawyers are the fabric which upholds theAmerican dream and the Rule of Law. Our clients and ourprofession depend upon the professional lawyer. They deservenothing less. We owe them nothing less.

12 July 2015

The Liberty Bell Award was established more than 40 years ago to acknowledge outstandingcommunity service. The Liberty Bell is presented to a non-lawyer who has promoted betterunderstanding of the rule of law, encouraged greater respect for law and the courts, stimulated asense 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 recognizesTulsa World reporter Bill Braun for his 31 years of dedicated, unbiased and accurate reportingof 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 andcontributed to good government in our community. Through his professional conduct, Bill is heldin high esteem by the Editors of The Tulsa World, and he is also admired and respected by theDistrict Court.

13July 2015

14 July 2015

Despite record rainfall over the previous weeks, theTulsa County Bar Foundation’s annual Charity GolfTournament enjoyed beautiful weather on May 18,2015. Azure blue skies behind billowing white cloudsgreeted the 112 players at Bailey Ranch Golf Club inOwasso, the new site for this year’s tournament. TCBAstaffers Kevin Cousins, Julie Cook, Bethany Lyon andJody Geiger handled and oversaw the registration ofgolfers. Trisha Archer and Amber Peckio-Garrett touredthe course with refreshments and were a welcomesight after especially tough holes. Comments like“That’s a peach;” “Weeee” and “Man, I’m hot today”were heard around the course.

Bob Allen, Disabled American Veterans Commanderand other Post 32 members presented the colorsbefore the start of the tournament. After reciting thePledge of Allegiance, a shotgun start began thetournament. Members of Blue Star Mothers and DAVhelped set up the event and monitor holes whereprizes were awarded to golfers. All agreed that the #17par 3 hole was impossible! The Range Rover parkednear the green was an impossible dream.

The 1st Place team was “Land Rover Tulsa” comprisedof Chris Molina, Steve Odea, Bill Sanders andGreg Meier with a net score of 48.6. Second Placewas the Rogers & Bell team comprised of MattFarris, Clint Swanson, Anthony Richardson andPat Churchwell with a net score of 56.2. TCBAPresident, Ken Williams, and his brothers each wongolf swing evaluations from Golf Tech. Prizes forLongest Drive in the Fairway were awarded to ChrisMolina on #9; Chase Boles on #14 and Don Davison #18. And let me tell you, these long drives wereenviable. Prizes for Longest Putt Made were awardedto Ryan Ritchie on #3; Justin Munn on #10 andChris Molina on #16. Clearly, some people arespending too much time on the golf course. PatChurchwell won a $50 gift certificate from Sonoma

Bistro for the Closest to the Pin contest on #8 and KenColdwell won on #5. Needless to say, some “left it all”on the golf course. Sadly, TCBF President, James R.Gotwals, won nothing.

Many thanks to all of our great sponsors. The $2,500Eagle Sponsors were McAfee & Taft; Mazzio’sCorporation; Richards & Connor; Seed Technologies;Sonoma Bistro & Wine Bar and Litgistix BusinessSolutions. 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; CentralStates Orthopedics; Crowe & Dunlevy; Head JohnsonKachigian; Leonard & Rineer and James R. Gotwals &Associates. In addition, many hole sponsors helped tomake the tournament a financial success.

I would like to personally thank the golf committeewhich did an outstanding job of planning thetournament and obtaining sponsorships, prizes andgift items. Committee members included LarryLeonard, Brad Williams, Trisha Archer, AmberPeckio- Garrett, Christina Vaughn, Bruce Roach,Michael Jones, Gerald Hilsher, Rebekah Guthrie,William Kellough, Paul Naylor, Malcom Smithand Caroline Wall. TCBA Past President, Jim Hicks,while chairing the committee, was virtually no helpwhatsoever. This sentiment was echoed the day ofthe tournament by Brad Heckenkemper, AllenBarrow and Nick Jones! Seriously, the tournamentwas a pleasant success and most everyone enjoyedthe day out of the office raising money for the TCBF’scharities. Many thanks to all participants. See younext year!

2015 TCBF CHARITY GOLF TOURNAMENTJim Hicks, TCBF Golf Chair

15July 2015

16 July 2015

17July 2015

18 July 2015

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 aParty, may appoint a DM.

APPOINTMENTUnless waived by the parties, there must be a hearing on any

Motion, whether by a party or the Court, to appoint a DM. At thehearing, the Court must consider the fairness of imposing thepotential cost to the parties and any measures necessary to avoidunnecessary delay. Any party may nominate someone to act asDM. The Court may appoint a DM to “perform duties related todiscovery, consented to by the parties” or “address pretrial andposttrial discovery matters to facilitate effective and timelyresolution.” If the Court is proceeding under the latter of thetwo, 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 aparty, attorney, court or action that would disqualify a Judge inthe action. Possible conflicts must be reported within 14 days ofthe appointment. A Motion to disqualify a DM must be madewithin 14 days of the required disclosure. Any Motion todisqualify a DM is decided by the DM. The decision of the DMcan 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 overobjection, the Order must contain specific elements. The Courtcan direct the DM to circulate an Order for comment prior to itsfinal entry. Special care should be used to draft the Order, as thestatute is silent on when a DM may make an Order, as opposedto a Recommendation or Finding. The Order may be amended atany 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 ofappointment, but requires a great deal of detail in the Orderappointing the DM. It would seem an awful lot of effort isrequired to fashion an Order without benefit of knowing ifdisqualification will be warranted. One possible frameworkwould be to have a minute entry Order appointing the DM whichdirects the appointee to circulate an Order simultaneously withthe written notice of potential conflicts. The entry of a JournalEntry on the record could then act as a waiver by the parties of

any potential conflict disclosed. Before performing any duties,the DM must execute and file an oath that he/she will faithfullyexecute the duties of a DM.

AUTHORITYUnless limited by the terms of the Appointing Order, the DM

has a broad range of powers, including regulating allproceedings and ruling on Motions within the scope of theappointment, calling Discovery Conferences and conductingevidentiary hearings, which includes the power to take andrecord evidence and compel the attendance of parties andwitnesses. The DM may recommend any sanction to the Court,and issue Orders, Reports and Recommendations. When the DMfiles a Report, Recommendation or Order, any party may, within14 days of the filing, file a Motion to Adopt or an Objection tosuch Report, Recommendation or Order. Any non-moving partymust file a response within 15 days of the filing of the Motion toAdopt or Objection. In ruling on any Motion or Objection, factual findings are

reviewed De Novo, unless the parties stipulate that clear errorshall be the standard, or where an Order Appointing DM byagreement stipulated that factual findings of the DM areconclusive. All legal conclusions are reviewed De Novo.Decisions of procedural matters may be set aside only for abuseof discretion. The decision can be after hearing, or upon thewritten materials of the parties. The Judge may adopt, affirm orreverse, in whole or in part, the decision of the DM, or resubmitthe 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 thescope of authority to only certain Motions or other aspects of theDiscovery process.Any Special Master or Referee appointed by another statute is

not subject to the Order Appointing DM unless the OrderAppointing DM so specifies.

COMPENSATIONBefore or after Judgment, the Court can fix the DM’s

compensation, either based on the terms of the OrderAppointing, or, after notice and opportunity for hearing, upon anew basis set by the Court. The compensation may come fromthe parties, or from a designated fund within the control ofthe Court.

USE OF DISCOVERY MASTERS IN CIVIL ANDDOMESTIC MATTERSBy Marshall Dyer

19July 2015

CONCLUSIONLike the Parenting Coordinator in Domestic cases, the

Discovery Master will not be suitable in a majority of matters, butfor those civil and domestic matters where the issues will requirecomplex or integrated Discovery, the use of a DM will ultimatelysave time and money. The caveat, however is in the idea that you

get out of something what you put into it. Counsels that simplythrow together an Order Appointing Discovery Master withouttaking the time to carefully craft the provisions will findthemselves spending additional time litigating the terms of theOrder than accomplishing meaningful Discovery.

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) requiresspecific 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 forother 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 incontroversy, the parties’ resources, the importance of the issues at stake in the action, the importance in the referred issues in resolving the matter orproceeding 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 civiland domestic matters in Tulsa and Wagoner Counties, and as a mediator in domestic cases. For sample Motionsand Orders to appoint DM’s, you can email a request to mkdyer11@gmail.com.

20 July 2015

21July 2015

22 July 2015

23July 2015

24 July 2015

McAfee & Taft announces the addition ofassociate attorney Rachael F. Hughes to itsLitigation Group. Hughes is a trial lawyerwhose practice encompasses the areas ofbusiness litigation, appellate advocacy,insurance litigation, and administrativeproceedings with an emphasis on researchand writing. She is a member of the Oklahoma Bar

Association, Oklahoma Associate of DefenseCounsel, 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 HonorablePaul Cleary of the U.S. District Court for the Northern District ofOklahoma, as a legal intern for the U.S. Attorney’s Office for theNorthern District of Oklahoma, and as a legal intern for the FederalElection 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. Thefirm’s Litigation Group has been perennially top-ranked in Oklahomaby the publishers of the Chambers USA Guide to America’s LeadingLawyers for Business and Benchmark Litigation.

_________ Q __________

Chambers USA Recognizes 14 Attorneys and the Firm OverallGableGotwals has been recognized as a Leading Firm in the areas ofEnergy and Natural Resources (Band 2), General CommercialLitigation (Band 2) and Corporate/Commercial (Band 3). Thequalities on which Chambers USA rankings are assessed includetechnical legal ability, professional conduct, client service,commercial astuteness, diligence, commitment, and other qualitiesmost valued by the client. Interviews are conducted with peers outsideof 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 oflaw ranked include Corporate Commercial: Health Care, Energy &Natural Resources, Intellectual Property, Litigation, Mediation, NativeAmerican Law and Real Estate.

Attorneys recognized include:Corporate/Commercial—Health Care, Robert Glass (Band 2)

Energy & Natural ResourcesSteve Adams (Band 2)Dale Cottingham (Band 2)Richard B. Noulles (Band 3)Terry Ragsdale (Band 2)Rob Robertson (Band 3)

Intellectual PropertyPaul Johnson (Senior Statesmen)

Litigation—MediatorsSteve Barghols (Band 1)

Litigation—General CommercialDavid Bryant (Band 2)Sidney Dunagan (Band 2)Oliver Howard (Band 2)Dean Luthey (Band 3)James Sturdivant (Senior Statesmen)

Native American LawDean Luthey (Band 1)

Real EstateStephen Schuller (Band 3)

_________ Q __________

Fellers Snider announced the recipients of its third annualdiversity and inclusion scholarships.

“We received a stellar collection of applications from the threeOklahoma law schools. The applicants’ academic achievements,service to the community, and understanding of the importance ofdiversity and inclusion were impressive,” stated Liz Davies, chair ofthe Fellers Snider Diversity & Inclusion Committee.

Cassia Carr will be a third year student at the University of TulsaCollege of Law. In addition to excelling in her studies, Ms. Carr spendstime volunteering at Tulsa Hope Academy and Pipeline Plus.

Andrea Fryar, now a third year student at the Oklahoma CityUniversity School of Law, has been on the Dean’s List every semester.Last year, outside of her academics, Ms. Fryar worked with theCanadian County Court Appointed Special Advocates (CASA) to reviewand amend its training.

Loreli Randolph, who just completed her first year at theUniversity of Oklahoma College of Law, worked at the OklahomaDepartment of Human Services prior to law school. In addition toparticipating in law school organizations, Ms. Randolph volunteerswith the Victim Protective Order Program.

Grapevine

Rachael F. Hughes

25July 2015

Fellers Snider created these scholarships to encourage andpromote the importance of diversity in the legal profession.

_________ Q __________

Family laws attorneys, Tamera A. Childers and Rebecca L. Postannounce the opening of their new firm, ChildersPost, PLLC. Theirpractice will concentrate on divorce, paternity, guardianships, childcustody, child support, visitation, enforcement & modification, andprotective orders.

Since graduation from the University of Tulsa College of Law in2003, Tamera Childers has worked for some of Tulsa’s finest attorneysand law firms, focusing her practice in the area of family law. Tamerais listed as one of the Top 10 Family Law Attorneys in Oklahoma by theNational Academy of Family Law Attorneys. She is an AV-rated lawyerby Martindale-Hubbell* Bar Register of Preeminent Women Lawyers,exclusively for women attorneys who have received the highestpossible rating in both legal ability and ethical standards from theirpeers. Less than 5% of women lawyers have been recognized with anAV Preeminent Rating. Tamera also serves as the Municipal CourtJudge for the City of Bixby.

After graduating from the University of Tulsa College of Law in2003, Becky worked for Domestic Violence Intervention Services(DVIS) where she was involved in heavy litigation practice focusing onhigh conflict matters involving domestic Violence. Following DVIS,Becky accepted a full time teaching position at CommunityCareCollege, where she taught Business Law, Critical Thinking, HumanResources, Principles of Business, Principles of Management andBusiness Communications. After leaving teaching behind, she formedPost Investments, LLC in 2013 and focused on investing and consultingwith 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 andbecky@childerspost.com.

_________ Q __________

Seventeen Crowe & Dunlevy attorneys were recently recognizedwith individual distinctions by Benchmark Litigation and BenchmarkPlaintiff, the annual guides to the United States’ leading litigation andplaintiff firms and attorneys. Twelve attorneys were named 2015Oklahoma Local Litigation Stars, and four were recognized as FutureStars. In addition, three attorneys were named 2015 OklahomaPlaintiff Local Litigation Stars.

“We’re honored that our firm and individual attorneys areconsistently 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 & DunlevyPresident and CEO Kevin Gordon. “As one of the largest and mostexperienced law firms in the state, we are proud to receive thesehonors and will continue to strive for excellence in all that we do.”

Attorneys are selected for these awards based on work withinspecific practice areas. Local Litigation Stars and Plaintiff LocalLitigation Stars are chosen from a list of attorneys recommendedconsistently as reputable and effective litigators by clients and peers.Future Stars are chosen from a list of partners referenced by peersand clients as litigators who are likely to be become Local LitigationStars in future years.

The following Crowe & Dunlevy attorneys were recognized as 2015Oklahoma Local Litigation Stars:

1 Joe E. Edwards – Securities and White Collar Crime2.Jimmy K. Goodman – Insurance and Product Liability3.Kevin D. Gordon – Antitrust, Insurance and Intellectual Property4.William H. Hoch – Antitrust, Bankruptcy and IntellectualProperty5.D. Michael McBride III – General Commercial and NativeAmerican

6.D. Kent Meyers – Antitrust, General Commercial and WhiteCollar Crime

7.Mack J. Morgan III – Antitrust, General Commercial, IntellectualProperty

8.Clyde A. Muchmore – Antitrust, Appellate, General Commercial,Insurance, Intellectual Property and Media and Entertainment

9.Brooke S. Murphy – Insurance and Securities10.Timila S. Rother – Appellate, Health Care and Insurance11.Anton J. Rupert – Construction, General Commercial, Personal

Injury and Product Liability12.Terry M. Thomas – Bankruptcy and General Commercial

Susan E. Huntsman, Gerald L. Jackson, Drew T. Palmer andThomas B. Snyder were recognized as 2015 Future Stars, a titlegiven to litigators who show promise and are expected to earn the titleof Local Litigation Stars in coming editions.

Judy Hamilton Morse, along with Morgan and Rupert, wererecognized as 2015 Oklahoma Plaintiff Local Litigation Stars byBenchmark Plaintiff, the definitive guide to America’s leading plaintifflitigation firms and attorneys.

Earlier this year, Benchmark Litigation named Crowe & Dunlevythe 2015 Oklahoma Firm of the Year. This is the second year in a rowthe firm has received this recognition, which is awarded to one firmper state per year and is based on the firm’s case matters in 2014,including potential precedent set or verdicts with notably high dollaramount at stake.

_________ Q __________

Hall Estill was recently recognized for having the fourth highestpercentage of minority partners in Law 360’s list of the 50 Best Firmsfor Minority Partners. Law360 surveyed 289 U.S. firms regarding theiroverall and minority head count numbers and then ranked the firmsbased on the percentage of equity partners who are minorities.Through the survey it was determined minorities make up 22 percentof Hall Estill’s partners; more than three times the national average of7 percent.

26 July 2015

“Of the many recognitions which Hall Estill has received, this onestands out as very special to us,” Hall Estill Managing Partner MikeCooke said. “Hall Estill’s strong percentage of minority partners doesnot simply reflect an emphasis on diversity at our firm, but reallyspeaks to the broad range of talented attorneys, from all differentbackgrounds, we are fortunate to have at Hall Estill.”

The Law360 Minority Report found that nationally just 7 percent ofequity partners are minorities, despite the fact that minorities havemade up more than 20 percent of law school enrollees for nearly adecade. Hall Estill is the only Oklahoma law firm to make Law360’sTop 50 list.

“The real beneficiaries of our diversity are our clients,” Cookesaid. “Given the intricacies and complexity of law, there is anundeniable advantage in having different perspectives andbackgrounds working on a case or situation.”

_________ Q __________

McAfee & Taft received top marks in the 2015 edition of theChambers USA Guide to America’s Leading Lawyers for Business,earning top rankings in the areas of corporate/commercial (includingtax and healthcare), energy and natural resources, intellectualproperty, labor and employment, litigation and real estate law. Thefirm’s Native American law practice was also highly ranked. Inaddition, 43 of the firm’s attorneys were honored as leading lawyersin their respective practice areas.

Bill G. Freudenrich was named a first-time honoree in the areaof employment law, and John A. Kenney was honored in twocategories, litigation and intellectual property, for the sixthconsecutive year.Others re-named to the prestigious list were T. Michael Blake

(Corporate/Commercial: Tax), Rachel Blue (Intellectual Property),

Joseph H. Bocock (Litigation), Timothy J. Bomhoff (Energy),Courtney Bru (Employment), Jennifer H. Callahan (Employment),Mark D. Christiansen (Energy & Natural Resources), W. ChrisColeman (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), RobertJoyce (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 (RealEstate), Reid Robison (Litigation), Patricia A. Rogers(Corporate/Commercial: Healthcare), James W. Sharrock (RealEstate), Joshua D. Smith (Corporate/Commercial), C. DavidStinson (Energy), N. Martin Stringer (Corporate/Commercial), JeffL. Todd (Litigation), Elizabeth D. Tyrrell (Corporate/Commercial:Healthcare), Peter Van Dyke (Employment), Christina M. Vaughn(Native American Law), Nathan L. Whatley (Employment), andElizabeth Scott Wood (Employment)

Researchers with London-based Chambers & Partners Publishing,publishers of the 2015 guide, conducted in-depth interviews ofattorneys and clients throughout the United States to identify and rankthe nation’s leading business lawyers. The final rankings are based onsuch factors as technical legal ability, professional conduct, clientservice, commercial awareness/astuteness, diligence, commitment,and other qualities most valued by the client.

27July 2015

28 July 2015

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