Vol. 3 No. 43 | Oct. 25, 2023
Courts
- 2023 OK 101: OKLAHOMA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH v. TIMMONS
- 2023 OK 102: OKLAHOMA ANNUAL CONFERENCE OF THE UNITED METHODIST CHURCH v. TIMMONS
- 2023 OK 103: HAMILTON v. WELSH
No published opinions this week.
- 2023 OK CIV APP 36: WISHON v. HAMMOND
- 2023 OK CIV APP 37: IN THE MATTER OF THE GRANDPARENTAL VISITATION RIGHTS TO E.R.S.
- 2023 OK CIV APP 38: BERRY v. BUGGS
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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Don't miss out on this year's Annual Meeting, held at the Skirvin Hilton in downtown Oklahoma City. There is still time to register online, and walk-ins will be welcome for the Annual Meeting; however, add-on ticketed events are only on sale until Oct. 26! Below are just a few event highlights – get the full scoop on the Annual Meeting website.
CLE FOR EVERYONE
This year's Annual Meeting offers topics of interest to every lawyer. Wednesday's CLE will feature Justice Tom Colbert, who will discuss his new book Fifty Years from the Basement to the Second Floor. You'll also hear from several knowledgeable speakers about topics such as nonprofit law core concepts and deployed military clients. On Thursday, you'll have the opportunity to attend two plenary sessions – the morning session will cover mediation and methods for resolving disputes, while the LHL Wellness Matters afternoon session will cover mental health and wellbeing in the legal profession. Attendees can earn their MCLE credit for the full year in just two days!
RECEPTIONS
Join us on Wednesday night for the Welcome Reception hosted by President Brian Hermanson. During this time, two receptions will be held on the 14th floor – one with cocktails, one with mocktails and both with light music and heavy hors d'oeuvres. Thursday night, the Oklahoma Bar Foundation will hold its annual reception, followed by the Diversity Awards Dinner.
HUG A PUP
Meet some special visitors we’ve invited to the 2023 Annual Meeting: adoptable dogs and puppies brought to you by the Oklahoma Humane Society. Stop by and pet, hug or just say hello to four-legged friends; adoption specialists will be on-hand to answer your questions if you happen to meet that certain someone.
ICE CREAM SOCIAL
Make your perfect dessert with your favorite flavor and toppings while you enjoy the company of your fellow bar members. Plus, relax with friends and enjoy a movie on a big screen!
"ORPC 1.6 (a) states, 'A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).'
EVIDENTIARY PRIVILEGE VS. ETHICS CONFIDENTIALITY
The attorney-client evidentiary privilege is so closely related to the lawyer’s ethical duty to preserve confidentiality that the two terms are often used interchangeably. The two terms, however, describe two different concepts entirely. A lawyer's duty to preserve confidentiality is extremely broad. It protects all 'information relating to the representation of a client' and is always in effect. The attorney-client privilege is an evidentiary privilege that protects communications from compelled disclosure and applies in proceedings governed by the rules of evidence."
"While Oklahoma courts are 'open to every person' at least in theory, there is much work to be done to ensure that this is a practical reality as well. From a lack of accessibility for individuals with disabilities, to language barriers, to a dearth of lawyers in rural and underserved areas, to under-resourced courts and crowded dockets, Oklahomans can face many different barriers to accessing the courts.
For most Oklahomans, the greatest barrier is the extraordinary cost of litigation. Other articles in this issue of the Oklahoma Bar Journal discuss various measures being taken to ensure that those who cannot afford a lawyer nevertheless have access to legal representation. This article will focus on the cost of civil litigation itself – primarily, fees and costs."
"Expungement is a mechanism provided by the Legislature that is designed to help those with criminal records who have completed their sentences by clearing said records. Record clearing is an important tool for providing some relief from the obstacles created by having a prior criminal history.
Expungement or criminal record cleaning by petition is governed by 22 O.S. §§18-19. Currently, there are 16 statutory grounds upon which an arrest, charge or conviction can be removed from the person’s record."
If you are looking for ways to give back, the Oklahoma High School Mock Trial Program is currently in search of volunteers for the upcoming year. This program affords an excellent opportunity to be involved in a rewarding and fun learning experience for Oklahoma's high school students, but it is not possible without volunteers!
There are many opportunities to volunteer. You could serve as an attorney coach, presiding judge, scoring panelist or trial site coordinator. There are also opportunities for serving on the Mock Trial Committee, helping with skills clinics or helping prepare the state championship team.
Members have FREE access to HeinOnline! View, print or save any article or issue of the Oklahoma Bar Journal dating back to 1930. Easy search tools allow you to find the article, topic or author you're looking for with ease. Access it now by clicking the red HeinOnline link on your main MyOKBar page.
Whether it’s fictional lawyers in film or real lawyers who represent celebrities, a ton of these characters have committed ethical violations. Join CLE presenter Stuart Teicher as he explores the misdeeds of the real and fake lawyers of Hollywood. Rules addressed include 1.5 (fees), 8.4 (misconduct) and 1.6 (confidentiality). This online program will be held Oct. 26 at noon.
ABOUT THE PRESENTER
Stuart I. Teicher is a professional legal educator who focuses on ethics law and writing instruction. A practicing lawyer for 30 years, his career is now dedicated to helping fellow lawyers survive the practice of law and thrive in the profession. Mr. Teicher teaches seminars, provides in-house training to law firms and legal departments, provides CLE instruction at law firm client events and also gives keynote speeches at conventions and association meetings.
Featured CLE
By Julie Bays, Practice Management Advisor
"Building a Justice-Conscious Practice" was the subject of remarks by Jessica Bednarz, director of legal services and the profession at the Institute for the Advancement of the American Legal System (IAALS), at last week’s Oklahoma Access to Justice Summit. During the panel session she mentioned her work on The Pricing Toolkit. I recommend you download and review it.
Ms. Bednarz brings a wealth of experience in access to justice and legal innovation. She previously worked at the Chicago Bar Foundation, where she created resources like the CBF Pricing and Limited Scope Representation Toolkits. I’ve used this toolkit for my CLEs on limited scope legal services.
The Pricing Toolkit walks lawyers through the fundamental shifts required to move from cost-based to value-based pricing. It tackles common myths about hourly billing and lays out a step-by-step framework for creating a value-based pricing menu.
Key features include:
- An explanation of the different types of value lawyers provides
- Strategies for accounting for variables and risk in pricing
- Tips on conducting market research to price competitively
- Examples of pricing models and fee structures
- Checklists for engagement agreements, client screening and more
Whether you are beginning with value-based pricing or looking to improve an existing model, Ms. Bednarz's toolkit provides practical guidance tailored to the legal market. The resources help lawyers focus on client value, improve profitability and develop pricing plans that work for both the lawyer and the client.
For lawyers seeking to move away from the billable hour, this toolkit is an invaluable guide to value-based pricing. You can download a copy and find more resources on Ms. Bednarz’s website.
The Oklahoma Bar Journal is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2023 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.