Vol. 4 No. 46 | Nov. 13, 2024
Courts
- 2024 OK 77: CITY OF OKLAHOMA CITY v. OKLAHOMA CORPORATION COMMISSION
- 2024 OK 78: MARSHALL v. CITY OF TULSA
No published opinions this week.
- 2024 OK CIV APP 25: HENDERSON v. DAY ENGINEERING CONSULTANTS
Dispositions Other than by Published Opinions
The Supreme Court of Oklahoma Court Calendar
The Supreme Court of Oklahoma is in session year round, unless otherwise noted. The court regularly schedules conferences on Mondays and other days as needed.
Member Transitions
More
Attorneys are being targeted with multiple scams, including fake electronic filing notifications, counterfeit check scams, text message scams and more. The OBA Management Assistance Program has put together a list of resources to help you learn how to spot these scams and avoid becoming a victim.
"Being a member of the Oklahoma Bar Association is a profound privilege, and every day, I am thankful for it. The legal field is not merely a profession; it is a calling that shapes the very fabric of society. It embodies values of justice, integrity and service, and being part of this community means participating in something far greater than oneself.
In October, I witnessed nearly 300 new OBA members, mostly recent law school graduates, take their Oath of Attorney. I was filled with pride and gratitude to see the next generation of lawyers heed the call to join our community, which I have seen to be a sanctuary for those who believe in justice. As lawyers, paralegals, judges and legal scholars, we are guardians of the rule of law. This commitment to justice fosters a sense of purpose that permeates our work. Every case we take on is an opportunity to make a difference, to advocate for those whose voices might otherwise go unheard. This sense of responsibility is both humbling and empowering."
The OBA has long partnered with Fastcase to provide high-quality online legal research as a no-cost member benefit. Now, the software has been upgraded to vLex Fastcase, which can further equip Oklahoma lawyers with faster, even more powerful research tools.
Fastcase Version 8 is here! OBA members can learn what to expect from this upgrade during a series of upcoming webinar trainings. Join us online during these two events:
- Thursday, Nov. 14 | 11:30 a.m.-12:30 p.m. CST | Click here to register
- Friday, Dec. 6 | Noon-1 p.m. CST | Click here to register
"Every single will you have prepared could be denied probate. Let that sink in.
Even if the will was properly executed pursuant to statute. Even if the testator was competent and not subject to undue influence, fraud or duress. Even if the testator did not revoke the will after executing it. Even then, the will might be inadmissible.
This is not a rare phenomenon, an exception to the rule. It is the reality of a lost will."
"Omitted child concerns have the potential to upend client expectations in probate litigation. With the increased popularity of widely available genetic testing kits, such as 23andMe and Ancestry, these concerns will become all the more prevalent. After over a century of silence, recent Oklahoma case law endeavors to interpret critical statutes and questions in omitted child litigation. To prepare for the inevitable increase in omitted child litigation, it is critical to understand the underlying concepts and the impact of these recent decisions.
In Oklahoma, omitted child laws are a creature of statute. In appropriate circumstances, Oklahoma’s omitted child statutes apply to modify the provisions of a will and grant the omitted child the proper intestate share of the decedent’s estate."
"After an individual’s death, his or her assets will be gathered, business affairs settled, debts paid, necessary tax returns filed and assets distributed as the deceased individual (typically referred to as the 'decedent') directed. These activities generally will be conducted on behalf of the decedent by a person acting in a fiduciary capacity, either as a personal representative or a trustee, depending upon how the decedent held his or her property."
"There’s no time like the present to get involved in your bar association! Make a difference by joining volunteer lawyers and serving on an OBA committee in 2025.
With more than 20 active committees, there are countless opportunities to serve and lead in your profession. This is your chance to become involved in a meaningful way and get an edge to lead and better serve your clients. In a committee, you can get involved in your association, network with colleagues and better the association and our communities."
Featured CLE
By OBA MAP Director Jim Calloway
Cynics would say there are two types of businesses:
- Those who have suffered a significant cyberattack, with the potential to substantially impair business operations.
- Those who haven’t had to deal with one yet.
Lawyers need to have a basic understanding of online threats and precautions for two reasons:
- They do not want their law businesses crippled by a cyberattack, potentially taking weeks to recover.
- When a client’s operations are crippled by a cyberattack, among the first few outreaches the client makes will be to their lawyers. Do you know how to advise them or at least where to direct them?
Game Freak, which has made Pokémon video games for decades, confirmed they suffered a security breach. But they shared nothing about their response, leading to speculation they refused to discuss any ransom demands. Kavi Sivasothy, of the respected international law firm Gowling WLG, has written "You don’t negotiate with Team Rocket: How Game Freak may have responded to a cyber attack." Why am I encouraging you to read this short piece? Because it concisely details what steps you should take now if you either believe you will refuse to pay criminals a ransom on principle or think the ransom demand will be unaffordable if it happens to you.
The Oklahoma Bar Journal is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2024 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, 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. Advertisers are solely responsible for the content of their ads, and the OBA reserves the right to edit or reject any advertising copy for any reason. Legal articles carried in The Oklahoma Bar Journal are selected by the Board of Editors. Information about submissions can be found at www.okbar.org.