The Board of Governors of the Oklahoma Bar Association met at Tanglewood Resort as part of the Solo and Small Firm Conference on Thursday, June 22, 2006.

REPORT OF THE PRESIDENT

President Grimm said Vice President Holmes has traveled to Washington, D.C. for his Senate Judiciary Committee hearing on his Tenth Circuit nomination. President Grimm reported he attended National High School Mock Trial Championship events in Oklahoma City, mock trial judges reception at the Oklahoma City Art Museum, Oklahoma Supreme Court awards dinner at the Oklahoma History Center, national mock trial awards banquet, Sovereignty Symposium opening ceremony in Oklahoma City, Louisiana Bar Association annual meeting in Destin, Fla., OBA Diversity Committee meeting, State Bar of Texas annual meeting in Austin, OBA Bar Center Facilities Committee meeting and luncheon with Tulsa County Bar Association staff in appreciation of their hosting the April OBA Board of Governors meeting. He met with Roger Scott regarding the Legal Ethics Advisory Panel and met with past OBA President Buddy Neal about OBA activities at the upcoming ABA meeting.

REPORT OF THE VICE PRESIDENT

Vice President Holmes reported he attended the May Board of Governors meeting, national mock trial competition judges reception, Federal Bar Association first annual William J. Holloway Jr. dinner and lecture, Douglass High School awards assembly honoring Douglass mock trial teams and the Arkansas Bar Convention. He served as a national mock trial judge for two sessions and attended a luncheon meeting with the visiting Ohio Bar Association president.

REPORT OF THE PRESIDENT ELECT

President Elect Beam reported he attended the May board meeting and social events, National High School Mock Trial Championship activities, Communications Task Force meeting, YLD board meeting, two Custer County Bar Association meetings, OBA Member Services Committee meeting, OBF Board of Trustees meeting, Kansas Bar Association convention in Overland Park and board Audit Committee. He also participated in several meetings with President Grimm and Executive Director Williams.

REPORT OF THE EXECUTIVE DIRECTOR

Executive Director Williams reported he attended national high school mock trial activities, Oklahoma Supreme Court awards dinner, MCLE Commission meeting, CIVATAS International Congress in Warsaw, Poland, Member Services Committee meeting regarding online research, Pontotoc County annual event, staff celebration, OBA Bar Facilities Committee meeting and Oklahoma County Bar Association awards luncheon. He had meetings with a CoreVault representative on a member benefit proposal, Wenona Barnes regarding a potential member benefit, OBA staff on solo conference planning, Lawyers Helping Lawyers officers and staff person, Dick Beale on changes in insurance trust, bar leadership and with the chief justice on various matters. He served as a speaker for the Legislative Update CLE Web cast and conducted director/managers evaluations.

BOARD MEMBER REPORTS

Governor Bates reported she attended the May board meeting, Thursday evening board social event and Oklahoma County Bar Association Board of Directors meeting. She continued correspondence and in person meetings with legislators concerning Oklahoma Adoption Code revisions.

Governor Caudle reported he attended the May board meeting at the bar center and the Comanche County Bar Association meeting. He served as a scoring judge at the national mock trial championship in Oklahoma City.

Governor Christensen reported she attended the May Board of Governors social event in Oklahoma City, reception hosted by the Tulsa County Bar Association honoring President Grimm, OBA Day at the Capitol and the "New Lawyer Experience" CLE program at the bar center to encourage membership in the Women in Law Committee. She attended meetings of the OBA Bar Center Facilities Committee, Board of Governors Audit Committee, OBF Board of Trustees, OBA Bench and Bar Committee, Bench and Bar subcommittee and Oklahoma County Bar Association Board of Directors. She attended the Oklahoma City Museum of Art reception for all National High School Mock Trial Championship judges and task force members, the national mock trial awards banquet, and she participated in the national mock trial event by coordinating the scoring judges and the presiding judges for two days of trials.

Governor Farris reported he attended meetings of the OBA Board of Governors, Tulsa County Bar Association Executive Committee and Board of Directors, TCBA Law Day Committee, OBA Diversity Committee, TCBF Scholarship Committee and Board of Governors Audit Committee. He played in the TCBA charity golf tournament, chaired the TCBA Awards and Nominations Committee and participated in the TCBA Call A Lawyer television program.

Governor Hogan reported since his last report he attended the Pittsburg County Law Day banquet and the Pittsburg County Bar Association monthly meeting. He participated in Pittsburg County's Ask A Lawyer project and notified county bar members about the approval of Senate Bill 1624 regarding the Advance Directive Act.

Governor Kennemer reported he attended two meetings of the Communications Task Force, May Board of Governors social event and meeting, National High School Mock Trial Championship judges reception and Task Force to Create a Uniform Residential Sales Contract meeting in Oklahoma City. He also served as a scoring judge for the mock trial event at the Oklahoma County District Courthouse.

Governor Mordy reported he attended the May board meeting and the Legal Affair dinner in Oklahoma City sponsored by the OCU Law School. He also organized attorneys to work at a local soup kitchen and worked on organizing the July Board of Governors meeting and dinner that will take place in Ardmore.

Governor Parsley reported he attended the board social event and May board meeting in Oklahoma City and two Texas County Bar Association meetings. He judged three rounds of national high school mock trial competition and attended by telephone a meeting of the board's Audit Committee.

Governor Reheard reported she attended the May board meeting and participated as a scoring judge at the national mock trial competition.

Governor Souter reported he attended the Creek County Bar Association meeting.

REPORT OF THE SUPREME COURT LIAISON

Justice Edmondson reported the Supreme Court is in receipt of the updated plan for the Oklahoma Bar Center front entrance.

LAW STUDENT DIVISION LIAISON

LSD Chair Robben introduced LSD Treasurer Diana New and said other officers will be coming to the conference later. Ms. Robben reported she has attended the National High School Mock Trial Championship, May Board of Governors social event and meeting in Oklahoma City and YLD meeting in Oklahoma City. She participated in a conference call of division executive board members. She reported the division has also had an outreach committee meeting by conference call and an outreach committee meeting in Oklahoma City to meet with Shanda McKenny and Ashley Bowen, the YLD Law School Committee chairs. The Programming Committee met in Oklahoma City, also with Shanda and Ashley. Trevor Pemberton, LSD annual meeting coordinator, met with OBA Educational Programs Director Douglas about plans for the OBA's Annual Meeting. Treasurer New met with OBA Administration Director Combs about the budget, and Annette Howlett, outgoing faculty liaison, met with OBA Public Information Director Manning and Melissa Brown about the divison's Web site. The OLSD also had a booth at the TU law school's pre orientation day that was attended by about 130 students.

REPORT OF THE GENERAL COUNSEL

Although General Counsel Murdock was not present at the meeting, a status report of the Professional Responsibility Commission and OBA disciplinary matters was included in board materials.

REQUEST TO EXPAND THE LAWYER ASSISTANCE PROGRAM

President Grimm reported Executive Director Williams has researched crisis counseling for bar members who are having emotional and/or stress related issues. Executive Director Williams proposed that the OBA offer up to six hours of crisis counseling at no cost. This benefit is in addition to Lawyers Helping Lawyers. Members may call LifeFocus Counseling Services and be referred to a counselor in their area. He explained funding would come from discretionary funds. The names of bar members utilizing the service will be confidential; however, the OBA will receive reports on the number of members taking advantage of the service. The board approved funding for the new member benefit.

STRATEGIC FINANCES TASK FORCE

President Elect Beam reported the task force met and reviewed current reserves and projections for cash flow for the next four years, in addition to revenue and expense projections for 2006 2009. He said funds have been set aside for bar center building maintenance; and if the decision is made to renovate the center's east wing, projected revenue should be sufficient to avoid borrowing money or requesting a dues increase. Executive Director Williams said that the OBA Finances Commission that existed in 2004 recommended that the OBA bylaws be amended to establish a procedure for periodic review of OBA finances, which was never acted upon. He also stated that the objective of the recommendation could be achieved by the creation of a subcommittee of the Strategic Planning Committee. The recommendation of the OBA Finances Commission to amend the bylaws was discussed with the report of the Strategic Finances Task Force. The board voted to accept the Strategic Planning Committee report, to create a subcommittee of the Strategic Planning Committee to periodically review the association's finances and to reject the recommendation to amend the bylaws.

CONTINUING LEGAL EDUCATION ANNUAL REPORT

Educational Programs Director Douglas reviewed the CLE Department's report of its activities for calendar year 2005. Total number of registrants was 9,255, the highest in four years, and net revenue was nearly $265,000, an improvement over 2004. She reported competition from free CLE seminars continues to be a challenge. Registrants rate the quality of OBA/CLE programs very high. Online registrations are increasing. Director Douglas was complimented on her efforts. The board accepted the report.

AUDIT COMMITTEE REPORT

As Audit Committee chairperson, President Elect Beam reported the board created a committee to interact with the auditor, who has previously interacted with staff members. President Elect Beam said audit firm partner Terry Toole presented his report to the Audit Committee. The OBA received a clean audit with internal controls considered to be adequate. The audit firm recommended the integration of the CLE Department's accounting with the Administration Department. Staff is researching what would be needed to implement the recommendation. The current audit firm, Finley & Cook, has conducted the OBA's audit for the past seven years. Common practice is to change firms every seven years, and the committee will take that into consideration as it recommends an auditor for next year. An engagement letter with Finley & Cook for the 2006 audit is pending. The board voted to accept the audit report.

LAWWARE INC. AGREEMENT

President Grimm called attention to the proposed agreement provision that states the OBA will receive a royalty of all new Oklahoma subscriptions within the first three years of the agreement. The board approved the agreement with LawWare Inc. for the OBA to endorse this document assembly, client management and document management software for subscription to OBA members as recommended by the OBA Member Services Committee.

RATIFICATION OF E MAIL VOTE

The board ratified approval of the following items as voted upon in action conducted via e mail:

• recommendation to suspend members for nonpayment of 2006 dues
• recommendation to suspend members for noncompliance with MCLE 2005 requirements
• approval of expenditures for Diversity Committee scholarships to Furqan Sunny Azhar (OCU), Elizabeth Zeiders (University of Tulsa) and Shalia Bennett (University of Oklahoma)
• appointment to the Legal Ethics Advisory Panel:
  Oklahoma City Panel Wayne Dabney, Oklahoma City ; Steve Dobbs, Oklahoma City; Gary Rife, Norman (terms expire 12/31/09). Timila Rother, Oklahoma City; Debra McCormick, Oklahoma City; Micheal Salem, Norman (terms expire 12/31/08). Andrew Karim, Oklahoma City; James Drummond, Norman; Donna Dirickson, Weatherford (terms expire 12/31/07).
  Tulsa Panel Sharisse O'Carroll, Tulsa; Roger Scott, Tulsa; Jon Ed Brown, Idabel (terms expire 12/31/09). Lynnwood Moore, Tulsa; John R. Woodard, Tulsa; Allen E. Mitchell, McAlester (terms expire 12/31/08). Jon Prather, Tulsa; Steve Balman, Tulsa; Guy Clark, Ponca City (terms expire 12/31/07).

APPOINTMENT

The board approved the appointment of Roger R. Scott, Tulsa, as the panel coordinator of the Legal Ethics Advisory Panel (term expires 12/31/07).

LAW RELATED EDUCATION 2006 2007 GRANT SCHEDULE

The board authorized grants to be submitted to financially support the PACE, We the People and CIVITAS programs coordinated by the OBA.

POTENTIAL NEW INSURANCE PROGRAM

Beale Professional Services President Dick Beale was introduced. It was noted the company has been endorsed for 26 years by the OBA. Mr. Beale reported he is currently negotiating renewal with the current health insurance provider, New York Life, which is not in the active health insurance market; however, he is also seeking commitments from three other carriers in preparation for making a recommendation to the OBA Group Insurance Committee. He said the number of OBA participants in the plan has doubled since 1999, which makes combining the OBA and OSCPA again worthy of consideration. He said he wanted to make the board aware of the situation because action will need to move quickly should a change from the current provider be recommended.

PROFESSIONAL RESPONSIBILITY PANEL ON JUDICIAL ELECTIONS

President Grimm asked board members to review the background information provided on the panel at a later date. He said action may need to be taken in the future.

REVISED LEGAL ETHICS ADVISORY PANEL RULES

The board approved the amendments to the rules that deleted 2007 beginning dates of panel member terms of service, which will allow the panel to begin work this year.

ACCESS TO JUSTICE ADVISORY COMMITTEE ANNUAL REPORT

President Grimm noted the committee has submitted an annual report, and the board voted to accept the report.

BUILDING RENOVATION STATUS REPORT

Executive Director Williams reported progress on the new front entrance is going well. He said a drainage pipe not in the plans was found, and concrete is being poured in small sections. Photos of the construction are posted on the Web site, and completion is still projected for the end of August.

COMMUNICATIONS TASK FORCE FUNDING REQUEST

Task Force Chairperson Melissa DeLacerda said the task force is recommending that every OBA member be sent a communications survey. Initially the cost was estimated at $20,000; however, costs could be reduced if the survey is mailed with the dues statement in October. Other options were discussed. Staff was asked to research the cost of mailing the survey with the statements and to report back at the next meeting.

ETHICS 2000 REPORT

Past President Melissa DeLacerda spoke on a proposed change to Rule 1.15. She said more than 40 states have adopted some version of a rule that requires financial institutions to notify the bar association if an overdraft occurs to a bar member's trust account. President Grimm noted the Ethics 2000 Committee's recommended changes do not include a trust account overdraft notification rule. Ms. DeLacerda said she can provide a copy of a proposed rule and a copy of the article she wrote that was published in the December 2005 Oklahoma Bar Journal for the next meeting. Consideration of Rule 1.15 was tabled until next month. The board approved Rules 1.5, 2.2, 4.2 and 4.4.

EXECUTIVE SESSION

The board voted to go into executive session to discuss the executive director's evaluation. The board met in executive session and voted to come out of executive session.

NEXT MEETING

The board will meet at 9 a.m. in Ardmore on Friday, July 21, 2006.