Employment Law • Women in Law Conference • Oklahoma's New Trust Law • OBA Announces

132 Pages·2017·5.08 MB·English

Volume 79 u No. 20 u August 9, 2008
ALSO INSIDE
• Employment Law
• Women in Law Conference
• Oklahoma’s New Trust Law
• OBA Announces Leadership
Academy Participants
Fall 2008
Fall 2008
Calendar of Events
Calendar of Events
OBA CLE
OBA CLE
September
August & September Webcasts
Seminars
All About Forms: A Real Property Litigation
August 20
Review VIDEO REPLAY
Federal Rules of Civil Procedure
September 4, 2008, Renaissance Hotel, tulsa
September 5, 2008, Oklahoma Bar Center, OKC
September 2
Basic Survival Kit for New Family Law Attorneys
Civil Court Rules for the U.S. District Court
Cosponsored by the OBA Family Law Section
for the Western District of Oklahoma
September 5, 2008, Renaissance Hotel, tulsa
September 12, 2008, Oklahoma Bar Center, OKC
September 10
2008 Women in Law Conference: It’s All About Me; It’s
They’ve Done It To Us Again: Change in Oklahoma
All About You: Finding Strength in Ourselves and
Child Support Laws
in Numbers - Cosponsored by the OBA Women in Law Committee
September 18, 2008, Renaissance Hotel, Tulsa
September 17
Federal Rules of Appellate Practice and 10th
Anatomy for lawyers
Cosponsored by The Professional Education Group, Inc. Circuit Rules
September 19, 2008, Oklahoma Bar Center ,OKC
Office 2007 Overview
The webcasts on Aug. 20, Sept. 2 and Sept 17 are part of the
September 23, 2008, Oklahoma Bar Center ,OKC Federal Court Rules Webcast Series. Each webcast is scheduled
September 25, 2008, Renaissance Hotel, tulsa to begin at noon and last 50 minutes. Each course has been
approved by the Oklahoma Bar Association Mandatory
Continuing Legal Education Commission for 1 hour of
A Social Security Case from A to Z mandatory CLE Credit.
September 25, 2008, Renaissance Hotel, tulsa
September 26, 2008,Oklahoma Bar Center, OKC
Check registration times at www.okbar.org Check out these webcast programs and
You may register online at many others at
www.okbar.org/cle or call 405.416.7006 http://www.legalspan.com/okbar/webcasts.
Fall 2008
Fall 2008
Calendar of Events
Calendar of Events
OBA CLE
OBA CLE
September
August & September Webcasts
Seminars
All About Forms: A Real Property Litigation
August 20
Review VIDEO REPLAY
Federal Rules of Civil Procedure
September 4, 2008, Renaissance Hotel, tulsa
September 5, 2008, Oklahoma Bar Center, OKC
September 2
Basic Survival Kit for New Family Law Attorneys
Civil Court Rules for the U.S. District Court
Cosponsored by the OBA Family Law Section
for the Western District of Oklahoma
September 5, 2008, Renaissance Hotel, tulsa
September 12, 2008, Oklahoma Bar Center, OKC
September 10
2008 Women in Law Conference: It’s All About Me; It’s
They’ve Done It To Us Again: Change in Oklahoma
All About You: Finding Strength in Ourselves and
Child Support Laws
in Numbers - Cosponsored by the OBA Women in Law Committee
September 18, 2008, Renaissance Hotel, Tulsa
September 17
Federal Rules of Appellate Practice and 10th
Anatomy for lawyers
Cosponsored by The Professional Education Group, Inc. Circuit Rules
September 19, 2008, Oklahoma Bar Center ,OKC
Office 2007 Overview
The webcasts on Aug. 20, Sept. 2 and Sept 17 are part of the
September 23, 2008, Oklahoma Bar Center ,OKC Federal Court Rules Webcast Series. Each webcast is scheduled
September 25, 2008, Renaissance Hotel, tulsa to begin at noon and last 50 minutes. Each course has been
approved by the Oklahoma Bar Association Mandatory
Continuing Legal Education Commission for 1 hour of
A Social Security Case from A to Z mandatory CLE Credit.
September 25, 2008, Renaissance Hotel, tulsa
September 26, 2008,Oklahoma Bar Center, OKC
Check registration times at www.okbar.org Check out these webcast programs and
You may register online at many others at
www.okbar.org/cle or call 405.416.7006 http://www.legalspan.com/okbar/webcasts.
FALL
2008
OBA CLE
Seminars
Coming Soon!
Check your mailbox for the
2008 OBA/CLE fall seminar brochure
September
Through
December
Last Chance…
Annual Meeting Event
Wednesday,
Nov. 19, 2008
9 – 11 p.m.
AAmmeerriiccaann
IIIIIIddddddoooooollllll
– OBA Style
• Perform one song to wow celebrity judges
• Prizes for first, second & third places
• Limited to 15 individuals or groups
• Groups must include at least 1 OBA member
• Participants provide background music on CD
• OBA performers must register for the meeting
Fill out the form below.
Mail to: American Idol – OBA Style,
OBA, P.O. Box 53036, OKC 73152
Fax to: 405.416.7089
Scan & e-mail to: [email protected]
Name of act:
____________________________________
Your Name:
____________________________________
OBA #:
____________________________________
E-mail address:
____________________________________
To submit an OBA
If group, names of other performers:
____________________________________
award nomination.
OBA # (if applicable) ________
____________________________________
OBA # (if applicable) ________
Deadline:
______________ ____________________
Wednesday August 13
OBA # (if applicable) ________
____________ ____________________
OBA # (if applicable) ________ It’s easy. Form & more details on
the Web at www.okbar.org.
Questions: E-mail [email protected]
E-mail your nomination today.
Vol. 79 — No. 20 — 8/9/2008 The Oklahoma Bar Journal 1737
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1738 The Oklahoma Bar Journal Vol. 79 — No. 20 — 8/9/2008
DEPARTMENTS
T :
HEME
1740 From the President
INSURANCE LAW 1823 From the Executive Director
Editor: Judge Lori Walkley
1825 Law Practice Tips
1828 Ethics/Professional Responsibility
contents
1830 OBA Board of Governors Actions
1833 Oklahoma Bar Foundation News
1836 Access to Justice
August 9, 2008 • Vol. 79 • No. 20
1839 Young Lawyers Division
1842 Calendar
1844 For Your Information
1847 Bench and Bar Briefs
1854 In Memoriam
FEATURES
1838 Editorial Calendar
1743 Overview of 1864 The Back Page
Oklahoma
Automobile
pg. 1809
Insurance Law
By Jon Starr
Trust Law
1749 Abstract of First-Party
Insurance Law
By Kenneth Elliott
PLUS
1757 Oklahoma Bad Faith Basics
By Phil R. Richards
1803 Employment Law Section: Family and
1767 Payment of the Undisputed Medical Leave Act Amended for
Amount in Uninsured Motorist Servicemembers
Claims: What Insurance By Stephanie Johnson Manning and Robyn M. Funk
Companies and Attorneys
1806 Employment Law Section: Admissibility
Should Know
of ‘Me, Too’ Evidence in Employment
By David Bernstein
Discrimination Cases
1773 I Want One of Those! Experts in By Kimberly Lambert Love and Mary L. Lohrke
a Bad Faith Case — Everyone
1809 Estate Planning, Probate and Trust
Needs One, or Do They?
Section: Oklahoma’s New Trust Law
By Michael W. Brewer
By Michael L. Nemec
1779 Discoverability of the
1812 OBA Leadership Academy
Insurance Company’s Claims
Participants Announced
File in Third-Party Litigation
By Joseph T. Acquaviva Jr. 1813 Women in Law Conference
1785 REPUBLIC UNDERWRITERS INS. 1816 Photo Highlights: Sovereignty Symposium
CO. V. FIRE INS. EXCHANGE 1820 Book Review: Missing Witness
By Clayton B. Bruner
1793 Differences in Handling pg. 1812
Insurance Claims under
State Law vs. ERISA OBA Leadership
By Joseph F. Clark Jr. Academy
V Vooll.. 7799 —— NNoo.. 2200 —— 88//99//22000088 TThhee OOkkllaahhoommaa BBaarr JJoouurrnnaall 11773399
FROM THE PRESIDENT
Strong Demand for Counseling Services Drives
Continued Free Member Service
By Bill Conger
In my last letter
concerning work/life balance, stated, “It only scratched the
I gave you some alarming statistics about the health surface,” and there are so many
and well-being of members of our profession. I issues beyond its scope. It is
want to share what your bar association is doing to very common for substance
address these issues. As I mentioned previously, in abuse to be a form of self medi-
2006 the Oklahoma Bar Association lost a member a cating when there is more of a
month to suicide. In response to our concerns about mental health issue underlying.
the mental health and well-being of our members, LHL has done a great job at wel-
coming this program and utiliz-
the association’s Board of Governors worked out an
ing it as a referral source for
expansion of services of the Lawyers Helping
those needs. The bridging of
Lawyers Program to assist lawyers in
these two resourc-
trouble with things other than drug
es has helped us
and alcohol issues. We contracted with
ensure the very
LifeFocus Counseling, to team up with “…raw
best care for our
the LHL Program to cover crisis
numbers tell members.
intervention counseling for attorneys
experiencing emotional or stress- us that more Although partic-
related issues. The LHL has done a ipation in the pro-
attorneys
wonderful job helping attorneys with gram is totally con-
substance abuse issues, but we felt are seeking fidential, the raw
numbers tell us
there were other issues affecting our
assistance from that more of our
attorneys that needed that same
attorneys are seek-
attention. our program
ing assistance from
The OBA is providing this service to and for issues our program and
its members at no cost. Lawyers using for issues other
other than
the service will remain completely than substance
anonymous. OBA members may call substance abuse. From 2006
LifeFocus Counseling Services to 2007 the number
abuse.”
directly at [phone] or toll-free of total clients tri-
(866) 726-5252 to work with a pled, the number
counselor in their area. The service of crisis interven-
is available 24 hours a day. tions tripled and
the number of appointments
We have been very surprised and excited
more than doubled from the
about the utilization of this program and how
year before.
well it took off. Initially, this was a program
that we questioned what kind of utilization LifeFocus has two full-time
there would be. The OBA allotted $6,500 for personnel devoted to Lawyers
members to use for counseling as needed — Helping Lawyers — Dr. Wenona
estimating this allotment would last approxi- Barnes and Rex McLauchlin.
PresidentConger mately one year. When those funds were near They also have additional coun-
isgeneralcounsel exhaustion at five months into the program, we selors on contract for additional
atOklahomaCity were astonished. needs.
University.
[email protected] The OBA has done a wonderful job encour- cont’d on page 1821
[phone] aging help through LHL, but as one member
1740 The Oklahoma Bar Journal Vol. 79 — No. 20 — 8/9/2008
OFFICERS & BOARD OF GOVERNORS EVENTS CALENDAR
J. William Conger, President, Oklahoma City
Jon K. Parsley, President-Elect, Guymon
Michael C. Mordy, Vice President, Ardmore
Stephen D. Beam, Immediate Past President, AUGUST
Weatherford
Julie E. Bates, Oklahoma City
Jack L. Brown, Tulsa 14 OBA Work/Life Balance Committee Meeting; 12 p.m.; Oklahoma Bar
Cathy M. Christensen, Oklahoma City
Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact:
Donna Dirickson, Weatherford
Melanie Jester [phone]
Robert S. Farris, Tulsa
Brian T. Hermanson, Ponca City
15 OBA Lawyers Helping Lawyers Committee Meeting; 12 p.m.;
W. Mark Hixson, Yukon
Jerry L. McCombs, Idabel Oklahoma Bar Center, Oklahoma City; Contact: Tom C. Reisen (405) 843-
Deborah A. Reheard, Eufala 8444
Alan Souter, Bristow
Peggy Stockwell, Norman 19 OBA Civil Procedure Committee Meeting; 3 p.m.; Oklahoma Bar
James T. Stuart, Shawnee Center, Oklahoma City and OSU Tulsa; Contact: James C. Milton
Kimberly Warren, Tecumseh, Chairperson, [phone]
OBA/Young Lawyers Division
BAR CENTER STAFF OBA Mock Trial Committee Meeting; 5:30 p.m.; Oklahoma Bar
John Morris Williams, Executive Director; Center, Oklahoma City; Contact: Judy Spencer [phone]
Dan Murdock, General Counsel; Donita Bourns
20 OBA Bench and Bar Committee Meeting; 12 p.m.; Oklahoma Bar
Douglas, Director of Educational Programs;
Carol A. Manning, Director of Communications; Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Jack
Craig D. Combs, Director of Administration; Brown [phone]
Gina L. Hendryx, Ethics Counsel; Jim Calloway,
Director of Management Assistance Program; Rick 22 OBA Board of Governors Meeting; 9 a.m.; Oklahoma Bar Center,
Loomis, Director of Information Systems; Beverly S. Oklahoma City; Contact: John Morris Williams [phone]
Petry, Administrator MCLE Commission; Jane
McConnell, Coordinator Law-related Education; Ja- Board of Bar Examiners Meeting; 10 a.m.; Oklahoma Bar Center,
nis Hubbard, First Assistant General Counsel; Mark Oklahoma City; Contact: Dana Shelburne [phone]
Davidson, Loraine Dillinder Farabow and Janna
D. Hall, Assistant General Counsels; Robert D.
Hanks, Senior Investigator; Sharon Orth , Dorothy 25 OBA Women in Law Committee Meeting; 12 p.m.; Oklahoma Bar
Walos and Krystal Willis, Investigators Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact: Amber
Nina Anderson, Manni Arzola, Jenn Barrett, Nicole Peckio [phone]
Debbie Brink, Melissa Brown, Brenda Card,
Hudson Hall Wheaton Inn New Member Orientation Meeting;
Sharon Dotson, Johnny Marie Floyd, Matt Gayle,
Susan Hall, Brandon Haynie, Suzi Hendrix, Misty 12 p.m.; Summit Club/Renaissance Room 31st floor; Contact Michael
Hill, Debra Jenkins, Jeff Kelton, Durrel Lattimore, Taubman [phone]
Debora Lowry, Heidi McComb, Renee Montgom-
ery, Wanda Reece-Murray, Tracy Sanders, Mark 29 OBA Access to Justice Committee Meeting; 10:30 a.m.; Oklahoma
Schneidewent, Robbin Watson, Laura Willis Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa; Contact:
& Roberta Yarbrough Kade McClure [phone]
EDITORIAL BOARD
Editor in Chief, John Morris Williams, News &
Layout Editor, Carol A. Manning, Editor, Melissa
DeLacerda, Stillwater, Associate Editors: Steve
Barnes, Poteau; Martha Rupp Carter, Tulsa; Mark
Curnutte, Vinita; Leslie D. Guajardo, Oklahoma
City; John Munkacsy, Lawton; Pandee Ramirez,
Okmulgee; Julia Rieman, Enid; James Stuart, For more events go to www.okbar.org/news/calendar.htm
Shawnee and Judge Lori M. Walkley, Norman
www.okbar.org
NOTICE of change of address (which must be in The Oklahoma Bar Association’s offi cial Web site:
writing and signed by the OBA member), unde-
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Association. All rights reserved. Copyright© 2008 Oklahoma Bar Association.
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JOURNAL BOARD OF EDITORS.
Vol. 79 — No. 20 — 8/9/2008 The Oklahoma Bar Journal 1741
1742 The Oklahoma Bar Journal Vol. 79 — No. 20 — 8/9/2008