Vol. 6 No. 8 | Feb. 25, 2026
Courts
Supreme Court of Oklahoma
Court of Criminal Appeals
- 2026 OK CR 7: IN RE: ADDITION OF A NEW RULE TO THE RULES OF THE COURT OF CRIMINAL APPEALS
- 2026 OK CR 8: PENA V. STATE
- 2026 OK CR 9: ACOSTA V. STATE
Court of Civil Appeals
- 2026 OK CIV APP 3: VERTICAL EXPLORATION, ET AL. V. AMERICO OIL AND CORPORATION COMMISSION
- 2026 OK CIV APP 4: IN THE MATTER OF J.S., JR.
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
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From the February Bar Journal: Habilitation, Not Just Rehabilitation
"Successful justice reform requires more than tweaking traditional rehabilitation. For many young, justice-involved males, the challenge is not regaining lost virtues or good behaviors but building virtuous skills and habits they never developed. This article makes a persuasive case for habilitation services (developing knowledge, skills and values not yet learned) over purely rehabilitation ones (restoring misdirected knowledge, skills or values). The rehabilitation model works well for middle-aged adults who have successful lives cut down by the disease of addiction or the healthy person healing from a devastating accident. We have become convinced that it does not apply broadly to prison diversion programs, especially for young criminals. By examining the 1st Step Male Diversion Program in Tulsa (1st Step) as a case study, we will illustrate how a habilitation approach can transform lives, speed desistance from crime, reduce recidivism and deliver strong returns on investment for communities and funders."
The Back Page | Celebrate America’s 250th Birthday and the Rule of Law
"How do you plan to celebrate America's 250th birthday this year? Join members of Oklahoma's judiciary and me in learning about and promoting our country's most enduring, valuable qualities – the rule of law and the protections it provides to our freedoms and liberties.
Fireworks and barbecues will always be time-honored Independence Day traditions, but this year’s Fourth of July is not just another celebration, and 2026 isn’t an ordinary year. This year, let's invest in ourselves and in future generations by learning and discussing what makes the United States of America the greatest nation on Earth."
Register for OBA Day at the Capitol March 10
Register now for the annual OBA Day at the Capitol on Tuesday, March 10, at the Oklahoma Bar Center, 1901 N. Lincoln Blvd., Oklahoma City. During the event, OBA members will learn about legislation that impacts various practice areas. Attendees will also hear from judges and bar leaders. Lunch will be served at the bar center before attendees head to the Capitol to meet with legislators.
From the Bar Foundation President | Celebrating 80 Years of Impact
"As I begin my term as president of the Oklahoma Bar Foundation, I do so with a clear appreciation for the responsibilities entrusted to the foundation and for its longstanding role in supporting access to justice across Oklahoma. My early work in publishing provided a practical understanding of how legal frameworks protect interests and facilitate informed decision-making, ultimately leading me to pursue a career in the law. Later, my service as chairperson of the OBA Young Lawyers Division reinforced the importance of public service and demonstrated the value of sustained engagement in our professional community. That experience, and the lasting relationships formed through it, continues to inform my commitment to the foundation’s mission and to the broader responsibilities we share as members of the legal profession."
Law Day Is May 1 | Submit Your Local County Bar Information
The national and statewide celebration of Law Day is Friday, May 1. The OBA Law Day Committee encourages every county bar to join our efforts and plan its own Law Day events – whether it’s coordinating student visits to the courthouse or giving free legal advice for at least one hour. The goodwill generated for the profession by offering this community service makes the effort worthwhile, regardless of the number of activities or calls received.
Please email your county’s Law Day chairperson by Friday, March 13, to communications@okbar.org. If you intend to answer calls as part of Ask A Lawyer, please provide your Ask A Lawyer information, including the phone number, using this form.
Featured CLE
Value Over Hours: Why Flat Fees Are Worth a Look
By OBA Management Assistance Program Director Julie Bays
Every time a new technology shows up in the legal world, someone declares the billable hour officially deceased. We heard it with email. We heard it with document automation. And now we’re hearing it again with generative AI.
The truth? Technology changes how we practice law. It does not eliminate the need for lawyers. What it does do is force us to take a fresh look at how we price what we do.
One pricing model that continues to gain traction is the flat fee. A recent article in Attorney at Work makes a persuasive case that flat fees are not just a marketing tactic. They can be smart business. The author suggests building in a reasonable margin, such as 20% above your internal cost estimate. That is not about overcharging. It is about recognizing the value, expertise, predictability and risk you are taking on for the client.
WHY FLAT FEES APPEAL TO CLIENTS (AND LAWYERS)
Clients like certainty. When they know the price up front, they are more comfortable moving forward. There are fewer surprises and fewer awkward conversations about invoices.
Lawyers often benefit too. Flat fees encourage efficiency. If you can complete the work well and efficiently, that is a win. You are also not tied to tracking every six-minute increment, and cash flow is often more predictable.
Flat fees work especially well for matters that are relatively predictable: estate planning packages, uncontested family matters, straightforward business formations, standard document drafting or clearly defined project work. They also pair nicely with limited-scope or unbundled services, which can expand access to legal help for clients who might otherwise walk away.
WHAT ABOUT AI AND "FASTER" WORK?
As more lawyers incorporate AI tools into their practices, the pricing conversation has become more interesting. If a task takes less time because you used technology, does that automatically mean the fee should be lower?
In November 2025, the Supreme Court of Virginia approved Legal Ethics Opinion 1901, which addresses reasonable fees and the use of generative AI. The opinion makes a crucial point. The reasonableness of a fee under Rule 1.5(a) is not based solely on how long something takes. Factors such as skill, experience, complexity and results still matter.
The opinion does not require a lawyer to reduce a flat fee simply because the work was completed more efficiently with AI. Efficiency does not erase value. What remains critical is transparency. Lawyers must be able to explain the basis of their fee and ensure it is reasonable under the circumstances.
BOTTOM LINE
The billable hour is not going away anytime soon. But it is no longer the only way to think about pricing legal services.
In a world where technology allows us to deliver work more quickly and consistently, clients are often focused less on how long something takes and more on what they receive. Flat fees can align expectations, reward efficiency and support a sustainable practice.
Perhaps it’s not yet time to abandon the billable hour, but it could be worth considering some alternatives alongside it.
The Oklahoma Bar Journal is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2026 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.