Volume 2 No. 51 | Dec. 21, 2022


No published opinions this week.

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.


Bar Center Holiday Hours


The Oklahoma Bar Center will be closed Monday, Dec. 26, and Tuesday, Dec. 27, in observance of the Christmas holiday.

"Dec. 31 will be my last day as executive director. I have served in this role for 19 years and eight months. During that time, I attended 236 consecutive Board of Governors meetings; served 20 OBA presidents; and the assignment list goes on with Annual Meetings, swearing-in ceremonies, budget presentations, etc. It never got old or tiring. For many years, I have had the extraordinary experience of doing something I loved with people I loved. 

As of Jan. 1, 2023, I will assume the role of executive director emeritus and assist as I can in helping our association transition to a new era. Before I leave, I want to take this opportunity to express my sincere gratitude to everyone who allowed me the opportunity to serve our profession. The names are too numerous to list here; however, it all began with then-President Melissa DeLacerda and a Board of Governors including Past President Gary Clark and eventually seven other OBA presidents. They were all great friends, mentors and leaders. Many thanks to them and all the others who served in volunteer leadership positions over these years. I am truly blessed to have worked for people who sell time for a living; and so many of them gave freely of their time to help me and the OBA. I am forever indebted to them. As much as I talk, I am sure I would have run up a bill in the millions if their timesheets were ever turned in."   

"Approximately one in six individuals aged 60 and older have experienced some form of abuse or exploitation in the past year, with 20-40% of those cases involving financial exploitation. The U.S. Senate Special Committee on Aging reported that seniors lose an estimated $2.9 billion each year as a result of exploitation and undue influence. Many sources suggest that figure is a dramatic underestimate, with some loss estimates reaching more than $35 billion per year. That’s greater than the gross domestic product of half the countries in the world. Given the ubiquity of the problem and the stakes involved, it is no surprise that, 'Undue influence is the most commonly asserted ground for invalidating a will.' And the crisis is expected to only get worse.

As key advisors to those most susceptible to this type of exploitation, estate planning attorneys are particularly well-situated to protect clients and their estates. But what, exactly, are we obligated (or even allowed) to do? The specter of undue influence presents a minefield of complex ethical issues that lawyers must navigate carefully. To further complicate matters, scientific developments in recent years have 'call[ed] into question many of the premises of … how "rational" or "free will" decisions are made,' changing the way estate planners need to think about undue influence. Deciphering this area of law can seem an insurmountable task, like understanding ERISA or getting through Thanksgiving dinner without a family member saying something uncomfortable. This article aims to do three things: 1) demystify the frequently misunderstood doctrine of undue influence, 2) explain some of the key ethical obligations and pitfalls in this area of the law and 3) equip attorneys with the tools to identify (and hopefully prevent) undue influence in the estate planning context."

The Oklahoma Bar Association, the leading provider of continuing legal education in the state of Oklahoma, seeks a director of educational programs. The position manages and directs the OBA’s CLE Department and other educational events for the association. The OBA CLE Department offers comprehensive and unique live programming for Oklahoma lawyers and has an impressive list of online programs that are available to lawyers nationwide. The OBA is a mandatory bar association of 18,000 members with its headquarters in Oklahoma City.

Job Summary: The position is responsible for CLE development, advertising, planning and coordinating numerous continuing legal education programs annually, as well as planning and participating in organizational meetings, adult public education programs and the OBA Leadership Academy. CLE programs include live presentations and online learning opportunities. The director of educational programs is responsible for managing a staff of four employees, all pre- and post-program logistics, communication to program attendees and faculty members, administrative reporting, vendor and sponsorship coordination and providing on-site support to assigned programs. Salary commensurate with experience and excellent benefit package available to qualified candidates.

Deadline to apply: Jan. 31, 2023    

"Stories. And journeys. That’s what drives the Oklahoma Bar Foundation.

In the bright forefront are stories of lives saved and transformed by the support of the foundation. In the dark backdrop are tragic stories of lives derailed and endangered by the lack of legal advice, services and advocates. We hear compelling stories every day in the course of the foundation’s work, and these stories drive us to be better, ever more effective and more connected to the needs of Oklahomans.

Why should you give to the Oklahoma Bar Foundation? Because the foundation needs every lawyer in our state to support its work. The needs are stark, and every dollar of your support helps the foundation respond to those needs. Beyond that, each of us has a responsibility to help those in need and contribute to the understanding of the law. Supporting the foundation is one of the most comprehensive ways for you to fulfill this responsibility."

Know an Oklahoma student who loves to write or draw? The annual OBA Law Day Art and Writing Contest is designed to stimulate discussion and understanding of the law among young Oklahomans. Categories include art and writing for grades pre-K through 12th, with cash prizes up to $500 and plaques for winners, plus participation certificates to honor every student's hard work. This year’s theme is “Cornerstones of Democracy: Civics, Civility and Collaboration.” The contest closes Jan. 13.

Featured CLE

Holidays and Weekends: Prime Time for Cyberattacks

By Jim Calloway, OBA Management Assistance Program Director

Holidays and weekends are the times when cyber criminals are most active. Not only should you and the members of your firm understand this, but you can also assist your family and acquaintances by being aware of this trend. Lots of unfamiliar orders and shipping notices are coming into our inboxes from holiday shopping and deliveries. Not all of them may be real.

'Holidays and Weekends: Prime Time for Cyberattacks" by Sharon D. Nelson, John W. Simek and Michael C. Maschke of Sensei Enterprises Inc. gives you some great information to keep up your guard.

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, 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.