Today’s blog post is a little lengthy and not really about the law, but very much worth the read.

In the fast past digital age where we have access to everything at our finger tips, we sometimes lose sight of what is important: life and relationships.

Be it our spouse, significant other, parents, children, family, friends, fellow employees or yes, even our boss.

These relationships define who we are and help us through our best and worst times.

Please, don’t take your relationships for granted and remember that even a simple two letter word can carry more of an impact that you will ever know.

Without further ado, here is David Gelphman’s, a former Apple employee, story (I hope you enjoy it as much as I have):

During the 12+ years I worked at Apple I never met with Steve Jobs for work purposes.

Of course like all Apple employees I saw Steve in Caffé Macs or walking with Jony around the courtyard inside the Infinite Loop campus.

And of course there were Comm meetings that he would run. But I didn’t have any direct contact. Until…

In March 2010, just a couple of weeks before the iPad was due to be released publicly, I had a reason to contact Steve.

A friend of mine was dying of liver disease and I was going to San Francisco to hopefully see and communicate with her while it was still possible.

She was a friend from my Adobe days and was very much into technology.

I thought it would be a treat for her to see an iPad. And I had one.

But until the product was officially released I could not show it to anyone without permission from Apple management.

There was no way I was going to take the iPad with me unless Steve personally approved it.

I knew that asking anyone in my direct management chain was a non-starter.

I knew that nobody would take the risk. Only in the higher levels of iOS development would they be able to approve such a request and it seemed like a waste of time to bother trying.

The easy answer was “No” and that is what I would hear. Nobody would care.

So I wrote Steve:

From: David Gelphman
Subject: unusual request
Date: March 23, 2010 9:04:55 AM PDT
To: Steve Jobs

Hi,

Today (Tuesday) I’m visiting a terminally ill friend in the hospital in San Francisco.

I’ve been told that she will likely not survive until this Friday. She had a liver transplant in late February and we all had high hopes but unfortunately she has not recovered.

Apple has given me carry permission for the [REDACTED] software for the iPad and I take Apple’s security very seriously. I was hoping to get permission from you to show her photos on the iPad even though it is not due to be released until April 3rd.

Under normal circumstances I would not make such a request, nor would I expect that such a request might possibly be granted.

Thank you for considering this request.

David Gelphman

Stupidly, I had only thought of doing this at the last minute and didn’t really expect a reply, much less one in time to make a difference. Yet 3 minutes after I sent my email I got a response:

From: Steve Jobs
Subject: Re: unusual request
Date: March 23, 2010 9:07:04 AM PDT
To: David Gelphman

OK

Sent from my iPhone

Words can’t express how happy I was to get this response. “OK”. Just two letters meant so much.

At many keynotes Steve said: “This is why we do what we do”. And that day he was willing to let my friend be touched by what we do, even though it didn’t follow the rules.

At that time in my career at Apple I was wondering about the heart of the company. This little interaction lifted my spirits greatly.

Sadly my friend was unconscious the whole time I was with her and the iPad stayed in my bag.

Nobody there knew I had brought it. She died that day but I was so glad I was there with her when she passed. Being there was very moving. And so were Steve’s 2 letters.

CJ R.I.P., SJ R.I.P.

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A courthouse is not supposed to be an intimidating place. A courthouse is supposed to be a place where you can be heard and your case ruled upon by a fair and impartial judge.

A judge who is free from any bias. A judge who is free from any outside influence. A judge who will follow the law and not the whim of a special interest group.

A place where you know you will be treated fairly.

If the State Camber has its way, all of that will be gone.

A newly formed group called the Oklahoma Civil Justice Council wants to start ranking Supreme Court and Appellate Judges based upon the decisions they make from the bench.

An article by The Journal Record outlines the disadvantages this pursuit would have:

State Rep. John Bennett, R-Sallisaw, on Monday made public the list of people The State Chamber has on its Oklahoma Civil Justice Council.

That group, in conjunction with the Washington, D.C.-based Judicial Evaluation Institute for Economic Issues, intends to score the work of state Supreme Court and appellate justices.

The idea has been on the table for more than a year, but the discussion of its merits is now at the forefront.

To chastise a business lobby for trying to influence elected officials is as ridiculous criticizing a rhinoceros for charging.

But in this case, while The State Chamber surely believes it’s looking out for its members, it is pursuing a bad idea that could hurt all Oklahomans.

Some have argued the judicial scorecards will be merely informational. That’s unlikely, considering the very strong opinions expressed about legislators The State Chamber considers anti-business, as evidenced on the website WeAreWatchingThem.biz.

State Supreme Court justices, like U.S. senators, serve six-year terms and come before voters on a retention ballot. In many other states and at the federal level, those are appointed positions. Either way, a justice’s job is to interpret and apply the law that’s on the books. Sometimes they are called upon to decide which of two laws in conflict in a case should take precedence.

All Oklahomans benefit when justices are neither pro-business nor anti-business, but merely pro-law and pro-Constitution. If The State Chamber doesn’t like the law, they certainly know how to contact the legislators who can change it.

The State Chamber is leaning dangerously close to promoting a consolidation of power at 23rd and Lincoln under the business umbrella.

James Madison, known as the Father of the Constitution and, with Thomas Jefferson, a founder of one Republican Party precursor, showed he understood that danger when he said, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

Or, to quote a more contemporary favorite son of the GOP, Ronald Reagan, “Concentrated power has always been the enemy of liberty.”

The State Chamber’s effort to score a trifecta is not in Oklahoma’s best interest.

Don’t get me wrong, judges should be held accountable to uphold the laws of this great state.

The problem with the Oklahoma Civil Justice Council is that it will not be looking after individuals and our basic rights; they are only interested in protecting the rights of big business.

Don’t believe me?

Here is list of the individuals that created and now control the Oklahoma Civil Justice Council:

• Fred Morgan, State Chamber President and CEO
• Mike Seney, Senior Vice President of Policy Analysis and Strategic Planning with the Chamber
• Mark VanLandingham, Vice President of Government Relations for the Greater Oklahoma City Chamber of Commerce
• Allen Wright, Director of Public Affairs and Employee Engagement at Devon Energy Corp.
• Henry Hood, General Counsel for Chesapeake Energy Corp.
• David Rainbolt, President of BancFirst
• Roger Beverage, President and CEO of the Oklahoma Bankers Association
• Mark Schell, Senior Vice President and General Counsel of Unit Corp.
• Mike McDonald, Senior Vice President with Maxim Petroleum Holdings
• Mike Terry, President of Oklahoma Independent Petroleum Association
• Brad Krieger, President of Arvest Bank
• Jennifer Monies, Senior Vice President of Communication for The State Chamber

Does that look like a list that cares about your basic rights or a group that is trying to protect their own and safeguard big business?

Our basic rights have been eroding for years. If this group is allowed to develop and implement a ranking system of judges, your basic rights will be gone.

Judges should be held accountable–just not by this group. Don’t let fair and impartial walk out the door.

Call the State Camber, Oklahoma City and Tulsa Camber of Commerce, and every single business listed above and tell them no to them ranking judges.

No to doing business with their companies if they continue to be a part of the Oklahoma Civil Justice Council.

No to the protection of “big business” over the rights of individuals.

The post The State Chamber and the Oklahoma Civil Justice Council is Not Looking After Your Best Interest appeared first on Brown | Jones | Anderson, PLLC.

1. My vehicle was hit during a police chase. What rights do I have?

   Typically, when a non-permissive driver – someone who does not have authority or permission of the owner to use or drive the vehicle – causes an accident, neither the owner of the vehicle or the owner’s insurance company is responsible for the damages the non-permissive driver caused.

   If you have collision coverage, you might be able to make a claim with your insurance company.

   There are certain instances when the police give chase that the police department could be responsible for damages caused during the police pursuit.

   If you would like to know more, call us and we will be more than happy to answer your legal questions.

2. I am 20 and was abused as a child. Can my parents get in trouble if I come out with the details publicly?

   Yes, it possibly could. As to criminal charges, it all depends on the statute of limitations as to the potential crimes that were committed.

   You need to speak to an attorney about the potential criminal charges that could be filed and also the civil lawsuits that could be filed.

   The laws of the state where the incident took place will control. If you would like to know more, call us and we will be more than happy to answer your legal questions.

3. I was involved in an accident that may have been my fault. Can I recover for my property damage and my medical expenses?

   Typically, if you are fault for an accident, the insurance company will deny your claim. If you received a ticket, it does not automatically mean that you are at fault for the accident.

   If you do not believe that you are at fault for the accident, contact an attorney to discuss your potential cause of action.

   If the other driver’s insurance company is denying your claim and you have evidence that proves you are not at fault for the accident, you will probably have to file a lawsuit.

   If you would like to know more, call us and we will be more than happy to answer your legal questions.

4. Is it legal for a medical clinic to release your medical information to a non-clinic entity? What if I did not sign a release?

   Medical information is protected by HIPPA (The Health Insurance Portability and Accountability) which are federal regulations that require physicians to ensure they are protecting the privacy and security of patients’ medical information.

   In regards to your situation, A “direct treatment provider” (e.g., a primary care physician) must provide the Notice of Privacy Practices to each patient at the time of first service delivery.

   The direct treatment provider must make a good faith effort to obtain the patient’s written acknowledgement of receipt.

   A physician is temporarily relieved of the provision and acknowledgement requirements in emergency circumstances, but must provide the Notice as soon as reasonably practicable after the emergency situation.

   A physician is not required to obtain the patient’s written acknowledgement of receipt so long as the physician documents that he/she attempted to obtain such acknowledgement and why the acknowledgement was not obtained.

   If there is a physical service delivery site, the Notice must be posted in a clear and prominent location and copies of the Notice must be available for patients to take with them upon request.

   An “indirect treatment provider” (e.g., a pathologist or radiologist) is not required to distribute a Notice of Privacy Practices except to provide a copy to a patient upon request.

   The Privacy Rules do not require a physician to obtain the patient’s consent for uses and disclosures of the patient’s information.

   While some physicians may wish to obtain consents, all that is required is providing the Notice of Privacy Practices.

If you would like to know more, call us and we will be more than happy to answer your legal questions.

Contact us today by calling our toll-free number (866-333-7076) or by filling out our contact form and we will give you a free consultation. There is no obligation to hire us.

The post Four Not Frequently Asked Legal Questions appeared first on Brown | Jones | Anderson, PLLC.

I hate that title.

For me, it ridicules a very serious situation. What I am talking about is a new statute, 47 O.S. § 7-116, which provides that any driver or owner in violation of the compulsory insurance law cannot recover non-economic damages if injured in a car accident.

In other words, if you do not have car insurance and you were involved in an accident that was not your fault, you can only recover medical expenses, property damage, and lost income.

You will not be able to recover non-economic damages such as pain and suffering.

The good news is that there are exceptions.

Some of those exceptions are where the not at-fault party was injured by an at-fault party who was under the influence of drugs or alcohol and either was convicted, plead guilty, or plead no contest to the criminal charge.

Another exception is that the statute does not apply if the not at-fault party was a passenger in a car, unless the not at-fault party was the owner or if the not at-fault party was a pedestrian.

The statute also does not apply to wrongful death claims, to an injury when the at-fault party intentionally caused the accident, where the at-fault party left the scene, or the at-fault was acting in furtherance of the commission of a felony.

The above exceptions are only a few of the exceptions that apply to this horrible new law. Still yet, the bottom line is that if you are a resident of Oklahoma, the law says that you have to have insurance on your vehicle.

We highly encourage you to follow the law and obtain insurance for your vehicle. But, if you have been involved in an accident and did not have insurance, give us a call. We are more than happy to discuss your situation with you.

Have more questions? Visit our FAQ page for personal injury where our personal injury attorney, Lynn Anderson answers your questions. Call the personal injury attorneys at Brown | Jones | Anderson, PLLC today at 866-333-7076 or fill out our contact form to find out if our attorneys are right for you.

The post No Pay, No Play appeared first on Brown | Jones | Anderson, PLLC.

I just recently filed a bankruptcy case for someone who, both needed to and could not file on his own due to mental incapacity. This client has severe dementia.

In fact, his need to file arose because his dementia came on gradually, limiting his ability to make wise financial decisions and making it impossible for him to have the presence of mind to pay bills even though he had the funds to do so.

By the time his daughter realized that his mental health was affecting his finances, he had already defaulted on numerous bills.

He had inadvertently dug himself into a huge financial hole.

Now this situation is definitely not the norm by any means but it does grant us a helpful insight into how someone in this circumstance can benefit from bankruptcy and take advantage of its protections.

As this was a novel case for me, I had to do some research into whether someone with mental incapacity can file a bankruptcy. The short answer is they can but they do not do it for themselves.

Bankruptcy Rule 1004.1 under title 11 of the Bankruptcy Code states that a representative (e.g. a general guardian or other similar fiduciary) can file a voluntary bankruptcy petition on behalf of an incompetent person.

In the case before me, we had the client being represented by his daughter under a Durable Power of Attorney. I had my doubts as to whether this would suffice but I did some checking around by talking to some other practitioners and a trustee.

The rule also allows the Court to make an appointment of a representative or any other order that the feel is needed to protect the incapacitated person so I was confident that if the power of attorney did not suffice, the Court would be able to appoint the daughter or someone else to do the job.

What happened when I filed was interesting. Because I had the daughter under the Durable Power of Attorney, sign the petition on her father’s behalf, I got a call from the United States Trustee’s Office.

They had an objection as to the strength of the Durable Power of Attorney to allow the daughter to sign the bankruptcy petition on behalf of her father.

They said was that, in the few incapacity cases that had come before them in the past, there was only a small percentage of them that passed muster in granting the Power of Attorney representative the ability to sign on behalf of the incompetent debtor.

They said that those that withstood scrutiny specifically stated that the power to file bankruptcy was granted to the Power of Attorney representative. As you might guess I was sweating over whether or not my case would get dismissed.

However, a few days later I got another call from the US Trustee’s office stating that, after reviewing the power of attorney documentation that I had filed with the Petition, they decided that it was broad enough to cover our representative because it went so far as to grant her power to do anything that the incapacitated person would be able to legally do if he were of sound mind including the power to buy and sale real property on his behalf.

If you or someone you know is incapacitated and is falling behind on their bills, contact us today. We can help you file bankruptcy and get back on track with your finances. Call us toll-free (866-333-7076) or fill out our contact form for a free legal consultation.

The post Bankruptcy and Incapacity appeared first on Brown | Jones | Anderson, PLLC.

A new workers compensation law went into effect August 26 of this year. However, portions of the law excluded chiropractors and other physicians as independent medical examiners in workers compensation cases.

A lawsuit, brought by chiropractors J. Dan Post and Brad M. Hayes and the Oklahoma State Chiropractic Independent Physicians Association, challenged the constitutionality of this exclusion.

The suit alleged that chiropractors in the past had been allowed to serve as independent medical examiners and their reports were used to support claims for permanent partial disability.

The opinion of the lawsuit stated that the portion of the law that excludes all physicians other than medical doctors or doctors of osteopathy as independent medical examiners is unconstitutional.

Traditionally, the independent medical examiner was your company’s doctor and would examine you first, to determine the degree of the disability and how severe the injury was.

Before the law was passed, you could only get a second opinion from a certified medical doctor or doctor of osteopathy. Now you may obtain a second opinion from the physician of your choosing.

The Oklahoma Supreme Court ruled in favor of the plaintiffs, stating that it violated the separation of powers clause of the Oklahoma Constitution.

What This Means for Your Workers Compensation Claim

If you are on injured on the job, you will be sent to your company’s doctor, who will then recommend treatment and determine the degree of disability. However, if you want a second opinion, you are not limited to your generic family medical provider.

Whether you see a chiropractor, specialist, or other type of physician, the second opinion you receive is valid under the new Oklahoma workers compensation law.

If you’ve been injured on the job, you may be eligible for Workers Compensation.

Your employer must provide medical treatment if you are injured on the job.

Don’t forget: industrial clinics and doctors bid for a company’s business and provide the least care for the lowest price. An experienced attorney can help change your doctor to one of your choosing.

Call our experienced workers compensation attorneys today (866-333-7076) or fill out our contact form to find out more about how we can help you get the compensation you need to recover.

The post Portions of New Oklahoma Workers Compensation Law Disapproved appeared first on Brown | Jones | Anderson, PLLC.